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Agenda Packet 05-05-2009
FUN COUNTY F L O R I D A May 5, 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 r�ior 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. May 5, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.orc Paula A. Lewis, Chair Charles Grande, Vice Chair Doug Coward Chris Dzadovsky Chris Craft I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES District No. 3 District No. 4 District No. 2 District No. 1 District No. 5 Approve the minutes from the April 28, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 09-146 — Proclaiming May 9, 2009 through May 17, 2009 as "Tourism Week" in St. * W,r,e d Lucie County 6-' Consider staff recommendation to adopt Resolution No. 09-146 as drafted. Resolution No. 09-149 proclaiming the week of May 10, 2009 through May 16, 2009 as "Water u t/F Reuse Week" in St. Lucie County 0 Consider staff recommendation to adopt Resolution No. 09-149 as drafted. C. Resolution No. 09-158 proclaiming May 1, 2009 as "Law Day" in St. Lucie County, Florida �C) Consider staff recommendation to adopt Resolution No. 09-158 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS V Q L� (� Approve warrant list No. 31 B. AIRPORT J 1. Budget Resolution No. 09-145, Airfield Fence Obstruction Lights Consider staff recommendation to approve Budget Resolution No. 09-145 establishing the fund for the airfield fence obstruction lights project totaling $150,000 with an 80% FDOT grant ($120,000) and the 20% local share ($30,000) and authorize the Chair to sign document as approved by the County Attorney. B. AIRPORT CONTINUED 2. Change Order No. 4 for the Second Phase of the New Runway and Taxiway Consider staff recommendation to approve Change Order No. 4 for Dickerson Florida, Inc. to construct the second phase of the New Runway and Taxiway Project for $212,512.41 increasing the total project cost from $3,754,411.78 to $3,966,924.19 with no change in contract time and authorize the Chair to sign as approved by the County Attorney. C. PUBLIC WORKS Permission to advertise an RFQ for engineering design of Indian River Estates Phase 2 Stormwater Consider staff recommendation to approve to advertise an RFQ for engineering design of Indian River Estates Phase 2 Stormwater. D. PARKS AND RECREATION Transportation Services Agreement — School Board of St. Lucie County Consider staff recommendation to approve the Bus Transportation Services Agreement with the St. Lucie County School Board and authorize the Chair to sign the agreement as approved by the County Attorney. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. PUBLIC WORKS AtCl-/Orl )4 ��1L1iyq j-C. /�7r/1ii� 2rmr�(J6+��P/1C�(.tlr� C� J��6( ��"Gf ICJ✓ �� Fort Pierce South Mine Expansion ;� (c rd , Consider staff recommendation to approve the Fort Pierce Mine Expansion subject to the approved plans and General and Special Conditions. B. GROWTH MANAGEMENT ('�l C r C� S S Gvh Seahorse Beach Bungalows Conditional Use — Major Adjustment Consider staff recommendation to approve the major adjustment to an existing conditional use. C. GROWTH MANAGEMENT I -(�gthat ��,Oow cs asc��a �Ir�u� ►i emit Ordinance No. 09-013 amending the St. Lucie County Land Development Code (LDC) to correct inconsistencies, minor errors and omissions in the existing version of the Code. ' J Consider staff recommendation to approve Ordinance No. 09-013. D. GROWTH MANAGEMENT Ordinance No. 09-012 accepting the draft St. Lucie County Land Development Code (LDC) U C received from Municipal Code Corporation (Municode) as the official land Development Code of St. Y (✓ Lucie County. Consider staff recommendation to approve Ordinance No. 09-012. E. COUNTY ATTORNEY Petition for Abandonment — Public Hearing - Petition to abandon a portion of North 4311 Street right- of-way — Resolution No. 09-147. �V Consider staff recommendation to approve Resolution No. 09-147 denying the abandonment of a portion of North 43,d Street authorize the Chair to execute the Resolution and record the Resolution in the Public Records of St. Lucie County. F. COUNTY ATTORNEY (J� Walton Road Improvement Project — St. Lucie County Economic Stimulus Project Consider staff recommendation to adopt Resolution No. 09-151. REGULAR AGENDA O C� \kP� VIII. COUNTY ATTORNEY J�� Resolution No. 09-144 — Authoriz�aion to Issue Bonds for Nori!li Lennard Road MSBU Improvements der staff recommendation to adopt Resolution No. 09-144 as drafted and authorize the Chair to sign r�;� the Resolution. C M� IX. COUNTY ATTORNEY 'l ( Voluntary Mining Extraction Fee Agreement — Florida Resources, LLC (Fort Pierce South Mine) �X Consider staff recommendation to approve the Agreement and authorize the Chair to sign the Agreement. X. ANNOUNCEMENTS The Board of County Commissioners and the Treasure Coast Education, Research and Development Authority will hold a Joint Biannual Meeting on Thursday, May 7, 2009 at 1:00 p.m. at the University of Florida / IFAS Center located at 2199 S. Rock Road, Fort Pierce, FL 34945 2. The Board of County Commissioners will hold a Special Informal meeting to discuss the Joint Participation Agreement on May 8, 2009 at 2:00 p.m. in Conference Room #3 of the Roger Poitras Administration Annex. The 2009 Florida High School Athletic Association Baseball Finals will be played at Tradition Field in Port St. Lucie May 201h — 26th. Tickets are on sale at the Tradition Field Box Office: (772) 871- 2215. For more details visit: http://www.fhsaa.org/. The Ribbon Cutting for the Douglas M. Anderson Emergency Operations 911 Center will be at 10:00 a.m. on Friday, June 12, 2009 at 15305 W. Midway Road, Fort Pierce. 5. The 2009 Florida Police & Fire Games will be held June 21st -27th at various venues throughout the Treasure Coast. Admission is free for all games. For details visit: www.treasurecoastsports.org 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 party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.orq Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 GENERAL PUBLIC COMMENT II. CONSENT AGENDA A. PUBLIC WORKS Artificial reef construction grant application Consider staff recommendation to approve of an artificial reef construction grant application to the NOAA Coastal and Marine Habitat Restoration Program. B. PUBLIC WORKS Barge donation and deployment Consider staff recommendation to accept the donation of a barge by Dredge and Marine Construction, approval of the barge donation contract and approval of an $8,000 work authorization to McCulley Marine Services, Inc. for the towing, preparation and deployment of the barge. 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 party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. 'COUNTY liii(liiti(if{IlfiiiiiHitllillltii{1{IIItI{IBlill(iiiliilitliiBliililliltitt111111111111111g11ili1itI1111111ftNliitlliltiltiiililiitlltillitll(iiilllfiililfiiifililtiiii(iiilliUilliiil(iiii{illiil{IiUi May 5, 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 Qrior 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. May 5, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.orq {iitilitliifitiffiNftiilitNllNfiffii{tlNiiiliiltliltllllt11111N{IItN11111t1i1NIf111ii11N111N1111111fN111i111111if1111tItf1ltlNNNi111t1ifN1N{INfitllifl1111ii111tiliNitNftiifiililiiliiitliliit Paula A. Lewis, Chair District No. 3 Charles Grande, Vice Chair District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Chris Craft District No. 5 iliit{ifftflliiffii1111fUti1fi1111ii1if1111Niflllilll{fllllllli111111111itlllilfllllllNlt111111111111111111N11tI11itNltllllNltlllllt1111111111Iiiflltllllilltlllllllllililliilliftiil{Ii11i1f111f1i11Nlti INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the April 28, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 09-146 — Proclaiming May 9, 2009 through May 17, 2009 as "Tourism Week" in St. Lucie County Consider staff recommendation to adopt Resolution No. 09-146 as drafted. B. Resolution No. 09-149 proclaiming the week of May 10, 2009 through May 16, 2009 as "Water Reuse Week" in St. Lucie County Consider staff recommendation to adopt Resolution No. 09-149 as drafted. C. Resolution No. 09-158 proclaiming May 1, 2009 as "Law Day" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 09-158 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 31 B. AIRPORT 1. Budget Resolution No. 09-145, Airfield Fence Obstruction Lights Consider staff recommendation to approve Budget Resolution No. 09-145 establishing the fund for the airfield fence obstruction lights project totaling $150,000 with an 80% FDOT grant ($120,000) and the 20% local share ($30,000) and authorize the Chair to sign document as approved by the County Attorney. B. AIRPORT CONTINUED 2. Change Order No. 4 for the Second Phase of the New Runway and Taxiway Consider staff recommendation to approve Change Order No. 4 for Dickerson Florida, Inc. to construct the second phase of the New Runway and Taxiway Project for $212,512.41 increasing the total project cost from $3,754,411.78 to $3,966,924.19 with no change in contract time and authorize the Chair to sign as approved by the County Attorney. C. PUBLIC WORKS Permission to advertise an RFQ for engineering design of Indian River Estates Phase 2 Stormwater Consider staff recommendation to approve to advertise an RFQ for engineering design of Indian River Estates Phase 2 Stormwater. D. PARKS AND RECREATION Transportation Services Agreement — School Board of St. Lucie County Consider staff recommendation to approve the Bus Transportation Services Agreement with the St. Lucie County School Board and authorize the Chair to sign the agreement as approved by the County Attorney. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. PUBLIC WORKS Fort Pierce South Mine Expansion Consider staff recommendation to approve the Fort Pierce Mine Expansion subject to the approved plans and General and Special Conditions. B. GROWTH MANAGEMENT Seahorse Beach Bungalows Conditional Use — Major Adjustment Consider staff recommendation to approve the major adjustment to an existing conditional use. C. GROWTH MANAGEMENT Ordinance No. 09-013 amending the St. Lucie County Land Development Code (LDC) to correct inconsistencies, minor errors and omissions in the existing version of the Code. Consider staff recommendation to approve Ordinance No. 09-013. D. GROWTH MANAGEMENT Ordinance No. 09-012 accepting the draft St. Lucie County Land Development Code (LDC) received from Municipal Code Corporation (Municode) as the official land Development Code of St. Lucie County. Consider staff recommendation to approve Ordinance No. 09-012. E. COUNTY ATTORNEY Petition for Abandonment — Public Hearing - Petition to abandon a portion of North 43ro Street right- of-way — Resolution No. 09-147. Consider staff recommendation to approve Resolution No. 09-147 denying the abandonment of a portion of North 43ro Street authorize the Chair to execute the Resolution and record the Resolution in the Public Records of St. Lucie County. F. COUNTY ATTORNEY Walton Road Improvement Project — St. Lucie County Economic Stimulus Project Consider staff recommendation to adopt Resolution No. 09-151. REGULAR AGENDA VIII. COUNTY ATTORNEY Resolution No. 09-144 — Authorization to Issue Bonds for North Lennard Road MSBU Improvements Consider staff recommendation to adopt Resolution No. 09-144 as drafted and authorize the Chair to sign the Resolution. IX. COUNTY ATTORNEY Voluntary Mining Extraction Fee Agreement— Florida Resources, LLC (Fort Pierce South Mine) Consider staff recommendation to approve the Agreement and authorize the Chair to sign the Agreement. X. ANNOUNCEMENTS The Board of County Commissioners and the Treasure Coast Education, Research and Development Authority will hold a Joint Biannual Meeting on Thursday, May 7, 2009 at 1:00 p.m. at the University of Florida / IFAS Center located at 2199 S. Rock Road, Fort Pierce, FL 34945 The Board of County Commissioners will hold a Special Informal meeting to discuss the Joint Participation Agreement on May 8, 2009 at 2:00 p.m. in Conference Room #3 of the Roger Poitras Administration Annex. 3. The 2009 Florida High School Athletic Association Baseball Finals will be played at Tradition Field in Port St. Lucie May 20th — 26th. Tickets are on sale at the Tradition Field Box Office: (772) 871- 2215. For more details visit: http://www.fhsaa.org . The Ribbon Cutting for the Douglas M. Anderson Emergency Operations 911 Center will be at 10:00 a.m. on Friday, June 12, 2009 at 15305 W. Midway Road, Fort Pierce. The 2009 Florida Police & Fire Games will be held June 215t -27th at various venues throughout the Treasure Coast. Admission is free for all games. For details visit: www.treasurecoastsports.om 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 party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.fl.us www.stiucleco.org fiflliftilfiiitllifllfi1t11tllif1111tlINllttltftiifiiiiiii111tt11il11tf1i11I11111111if101t11fit111t111111111111t11tItlllttlitlllllliflfllitlitfilliilliNltltflil{liiiilllliilfliltiliiiiiliilliflfliffillliil Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 li{IIfNlfiilff111iWI111i111itiifilii111i11iI1iNtlllllllftilltl111IfI111111181111i1111t1111Nllgtllt111tlI11t1111i111t11111f1111t1fI1f1It11iflltililillflilit111tUfllliillltflffilflilfl8ilfillflli{llifi GENERAL PUBLIC COMMENT II. CONSENT AGENDA A. PUBLIC WORKS Artificial reef construction grant application Consider staff recommendation to approve of an artificial reef construction grant application to the NOAA Coastal and Marine Habitat Restoration Program. PUBLIC WORKS Barge donation and deployment Consider staff recommendation to accept the donation of a barge by Dredge and Marine Construction, approval of the barge donation contract and approval of an $8,000 work authorization to McCulley Marine Services, Inc. for the towing, preparation and deployment of the barge. 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 party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTYCOMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 28, 2008 Convened: 9:00 a.m. Adjourned:11:25 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 McIntyre, County Attorney, Michael Brillhart, Growth Management, Debra Brisson, Parks and Recreation Director, Don West, Public Works Director, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Jack Southard, Public Safety Director, Marie Gouin, OMB Director, Diana Lewis, Airport Director, Shai Francis, Finance Director, Joseph E. Smith, Clerk of the Circuit Court, Leo Cordeiro, Solid Waste Director, Mark Satterlee, Growth Management Director, Mike Powley, County Engineer, Millie Delgado -Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the April 21, 2009 meeting. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve the minutes of the meeting held April 21, 2009, and; upon roll call, motion carved unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 09-116 proclaiming the week of May 10, 2009 through May 16, 2009 as "Law Enforcement Week; and designating May 15, 2009 as "Law Enforcement Memorial Day" in St. Lucie County, Florida Board adoption of Resolution No. 09-116 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve Resolution No. 09-116, and; upon roll call, motion carried unanimously. B. Resolution No. 09-117 proclaiming the waek of May 3, 2009 through May 9, 2009 as "St. Lucie County Correction Officer's Week" in St. Lucie County, Florida Board adoption of Resolution No. 09-117 as drafted. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 09-117, and; upon roll call, motion carried unanimously. C. Resolution No. 09-148 proclaiming April 28, 2009, as "Workers Memorial Day" in St. Lucie County, Florida. Board adoption of Resolution No. 09-148 as drafted. It was moved by Com. Craft, seconded by Com. Craft, to approve Resolution No. 09-148, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT None VI. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 30 The Board approved Warrant List No. 30. B. COUNTY ATTORNEY Logistic Center - Facility Use Agreement with Treasure Coast Food Bank, Inc. Board approval of the proposed Facilities Use Agreement with Treasure Coast Food Bank, Inc., and authorization for the Chair to sign the agreement. The Board approved the proposed Facilities Use Agreement with Treasure Coast Food Bank, Inc., and authorized the Chairman to sign the agreement. COUNTY ATTORNEY CONTINUED 2. 2009 Economic Development Exemption Application — Lighthouse Industries, Inc. d/b/a East Coast Plastics; Ordinance No. 09-017 The Board approved to accept the report of the Property Appraiser and granted permission to advertise Ordinance No. 09-017 for a public hearing on May 12, 2009, at 9:00 a.m. or as soon thereafter as the item may be heard. 3. 2009 Economic Development Exemption Application — Lighthouse Industries, Inc. d/b/a East Coast Plastics (Parkway Warehouse Associates, LLC): Ordinance No. 09-018 The Board approved to accept the report of the Property Appraiser and grant permission to advertise Ordinance No. 09-018 for a public hearing on May 12, 2009 at 9:00 a.m. or as soon thereafter as the item may be heard. 4. Street Naming — Conklin Way — 60' Ingress Egress Easement — Resolution No. 09-140 The Board accepted Resolution No. 09-140 for the proposed street name Conklin Way, as shown on the attached map, directed staff to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, and the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. C. PUBLIC SAFETY Resolution No. 09-122, 2009 Domestic Homeland Security Sub -Grant Agreement. The Board accepted Budget Resolution No. 09-122, 2009 Domestic Homeland Security Sub -Grant Agreement and authorized the Chair to sign documents as approved by the County Attorney, D. CLERK OF THE CIRCUIT COURT On April 20, 2009, the Investment Committee will meet and vote to make the following amendments to the Authorized Dealer Contract List. The Board approved adding HighTower Securities, LLC to the current Broker/Dealer Contract List E. HUMAN RESOURCES Lawnwood Regional Medical Center, Inmate Medical Care Invoice The Board approved payment to Lawnwood Regional Medical Center for invoices in the amount of $2,876.00. F. PUBLIC WORKS 2 1. USGS contract for water quality monitoring at 5 Mile Creek. The Board approved the attached contract with USGS in the amount of $20,267.00 for water quality monitoring in Five Mile Creek, and authorized the Chair to sign the documents as approved by the County Attorney. F. PUBLIC WORKS CONTINED 2. Lakewood Park Phase 1 canal control structures The Board awarded the construction of the Lakewood Park Phase 1 canal control structures to American Engineering and Development Corp. in the amount of $116,870.00 and authorized the Chair to sign contract documents as approved by the County Attorney. G. CENTRAL SERVICES Award of Bid #09-015, waterproofing of various St. Lucie County buildings The Board approved awarding Bid No. 09-015 to the lowest responsive bidder, Golden Brush, Inc. at $142,575, and authorized the Chair to sign the contract as prepared by the County Attorney. H. GRANTS Sea Turtle education materials, grant. The Board approved accepting a funding award in the amount of $3,900 from the Caribbean Conservation Corporation for assistance in sea turtle education materials. Modification of pending Florida Department of Transportation (FDOT) County Incentive Grant Program (CIGP). The Board approved the requested modification of a pending Florida Department of Transportation (FDOT) County Incentive Grant Program (CIGP) application to move $1,317,948 in CIGP funding and $817,948 in County matching funds from the Kings Highway and Orange Avenue intersection to the Kings Highway and Indrio Road intersection. 3. SR713/Kings Highway and SR614/Indrio Road intersection improvements. The Board approved accepting a: (1) Transportation Regional Incentive Program (TRIP) and County Incentive Grant Program (CIGP) Locally Funded Agreement with the Florida Department of Transportation (FDOT); (2) Memorandum of Agreement; and (3) Resolution No. 09-138 authorizing the execution of the agreement. Each is relative to right-of-way acquisition of parcels for an improvement project at the intersection of SR713/Kings Highway and SR614/Indrio Road. COMMUNITY SERVICES Trip and Equipment Grant 2009-2010. The Board authorized applying for the FY 09/10 FCTD Trip and Equipment Grant, approval of Resolution No. 09-139 and authorized the Chair to sign documents as approved by the County Attorney. Community Development Block Grant (CDBG) 2004 Disaster Recovery Grant closeout. The Board approved to close out the CDBG 2004 Disaster Recovery Grant and authorized the Chair to sign documents as approved by the County Attorney. MANAGEMENT AND BUDGET 3 1. Purchasing Division — Bid for the sale and removal of old corrugated containers (OCC). The Board approved advertising an Invitation to Bid for sale and removal of old corrugated containers (OCC) from the St. Lucie County Baling and Recycling Facility. MANAGEMENT AND BUDGET CONTINUED 2. Purchasing Division — Request for Proposal No. 09-023, Residential Appraisal Services The Board approved awarding RFP No. 09-023, Residential Appraisal Services to Callaway & Price, Inc. of Fort Pierce and authorized the Chair to sign the documents as approved by the County Attorney. 3. Purchasing Division — Request for Proposal No. 09-025, Residential Real Estate Title Services The Board approved awarding RFP No. 09-025, Residential Real Estate Title Services to St. Lucie Title Services, Inc. of Fort Pierce and authorized the Chair to sign documents as approved by the County Attorney. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. Capital Improvements Element (CIE) Comprehensive Plan Amendment. Board adoption of Ordinance No. 09-015 as an amendment to the Capital Improvement Element representing FY 2008/09 — 2012/13. It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve Ordinance No. 09-015 as an amendment to the Capital Improvement Element representing FY 2008/09- 2012/13, and; upon roll call, motion carried unanimously. REGULAR AGENDA VIII. GROWTH MANAGEMENT Major Site Plan approval for Denedios Holdings, LLC Board approval of Draft Resolution No. 09-019, granting Major Site Plan approval for the project to be known as Denedios Holdings, LLC Mr. Joe Friscia, agent for the applicant addressed the Board and stated the masonry wall is an item he cannot afford at this time. He believes the wall is not necessary since the house in the area is vacant and believes it is used for storage purposes. Com. Coward stated his opposition to a concrete wall since the business is not adjacent to a residential area. The County Attorney stated the main component is what exactly the use of the property to the north is and there is a question of whether the residential use has been abandoned. Mr. Friskier presented the Board with a copy of a business tax receipt the owner of the house purchased. It stated there was a business being run out of the house since 2004. The Growth Management staff advised the Board the house remained homesteaded. The County Attorney stated there seemed to be conflicting issues one being the homesteaded property. He recommended deferring the item until these issues could be looked into. Com. Dzadovsky recommended moving forward in order not to stop this business from hiring the needed personnel and recommended requiring the applicant to install a PVC fence with additional vegetation. 4 Com. Coward recommended installing a wood fence which would be less expensive for the applicant with above code landscaping. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 09-019 subject to the conditions outlined as well as requiring the installation of a wood fence with additional landscaping of 150% of the code, and; upon roll call, motion carried unanimously. IX. MANAGEMENT AND BUDGET Purchasing Division - An Administrative Hearing for All Haul/dba Circle H. Citrus — RFP Protests — No. 09-020 Residential Solid Waste Collection Board approval to deny the protest and deem All Haul/dba Circle H. Citrus's proposal non- responsive. Mr. Ed Beck, Attorney for All Haul, addressed the Board on this item and stated according to paragraph 30 sub -paragraph 6, he believes it allows his client to be considered. He stated he was not asking the Board to award the bid to his client, solely to give them the opportunity to be considered. It was his opinion this paragraph was ambiguous. Com. Grande requested clarification from the County Attorney on waiving irregularities and the intended interpretation. The County Attorney advised the Board the paragraph gives the Board flexibility to waive any irregularities. He encouraged the Board to say that they will waive any irregularities and the qualification requirement is ambiguous. Com. Grande stated he could not state that the paragraph indicating the qualifications is ambiguous. It clearly asks for comparable experience. The County Attorney stated in terms of irregularities, regardless of the language in the RFP under the cases it suggests that you can waive minor irregularities that did not provide a competitive advantage to the other bidder or vendor. In terms determining what a court would say, you would need to determine if it is not providing competitive advantage in essence minor irregularity not a major. A minor in the sense that it does not give a competitive advantage. Mr. Russell Mackey, Waste Pro Manager, addressed the Board regarding the bid document and what he felt the intent was, to have someone who is qualified to do this type of work and has a history of doing this kind of work. He sees this as a vey large irregularity. Mr. Mackey gave the Board a brief history of his operation. Com. Lewis stated it was difficult looking at a document after the fact. She believes she knows what the intent was and concurs with some of Com. Grande's comments. She is inclined to let them everyone goes through the process simply because there is a question. Com. Craft stated he felt they needed to protect the integrity of the system and the process and felt they needed to let as many people into the process as they can. He supports opening the process so that everyone can be reviewed. Com. Grande stated for the same reason then it does go to the integrity of the process. The County Attorney advises them not to re -open this unless they are willing to admit there is ambiguity. He is not willing to support such a motion. He does not see ambiguity. Com. Lewis stated she believes there are a few more words required in the paragraph to make it clear. She believes it needs to be clarified before they can hang their hats on it. Com. Dzadovsky stated he too was leaning in that same direction. He believes how you look at the paragraph does not change it and felt the language should have stated a county of our size should have included population. Com. Coward stated he is inclined to support this rating process of the group, but will advise everyone he is extremely pleased with the existing hauler and their performance, price and customer satisfaction. He believes the existing company will rise to the top. Com. Grande stated he believes they were asking for a comparable contract, equal in size, not size of the county versus population, this issue is mute. They were asking for an equal contract. 5 It was moved by Com. Dzadovsky, seconded by Com. Coward, based on testimony presented today and in view of the Board's broad flexibility to waive irregularities as set out in the document, based on that there appears to be an ambiguity in the language of the proposal, that the Board overturn staffs decision and allow All Haul and the other contractor to participate in the evaluation process and direct staff to proceed and bring back the evaluation to the Board for review, and; upon roll call, the vote was as follows: Nay: Com. Grande(based on the fact he does not believe there is ambiguity in the language); Aye's: Com. Coward, Com. Craft, Com. Dzadovsky and Com. Lewis; motion carried by a vote of 4 to 1. X. GROWTH MANAGEMENT Extension for Major Site Plan project known as Orange Avenue Storage Board adoption of Resolution No. 09-067 granting 12-month extension to the Major Site Plan project known as Orange Avenue Storage, with the conditions there in. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 09-067, and; Upon roll call, motion carried unanimously. XI. COUNTY ATTORNEY Resolution No. 09-119; Local Economic Stimulus Projects Consider staff recommendation to adopt Resolution No. 09-119. Approved Projects from the Local Economic stimulus Program Central Services 1. Courthouse Annex Phase 1A 2. South County Annex AC Maintenance 3. State Attorney Office AC Maintenance Parks and Recreation 1. Lawnwood Sports Complex Restroom and Concession 2. Martin Luther King Restroom Public Works 1. Angle Road Sidewalk Phase 2 (Avenue M to Orange Avenue) 2. Avenue D Sidewalk Construction 3. Admiral and Cortez Culvert 4. Esplande and Cortez Culvert 5. Five Mile Creek at Whiteway Dairy Culvert 6. Walton Road Improvements Phase 1 Construction Com. Coward addressed the Research and Education Park road and utility project. The County Administrator stated she received a copy of the letter from the Executive Director but has not had the opportunity to review the projects listed in the letter. Com. Craft stated there is presently a re -prioritizing of the projects by TCERDA. He believes staff will come back with the list and they could add it then. The County Attorney addressed the state law regarding the hiring of architects and engineer to go through a certain process and stated it does not allow them to make this part of the process. Com. Coward stated he would like to see this project added to the list. He also commented on taking advantage of grant dollars for sidewalk projects. Com. Lewis stated she believed there was going to be discussion on this project at the Informal meeting this afternoon. R Mr. Michael Jacquin, Jacquin and Sons asked if the prime contractor had to adhere to the 75% requirement. The County Attorney stated they would need to adhere to the 75% requirement based on head count. Mr. Jacquin advised the Board there were 3 projects he felt would be best under the construction management process. It was moved by Com. Grande, seconded by Com. Craft to adopt Resolution No. 09.119, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court II AGENDA REQUEST 6UNTY tR I 7A-.*,Ck. TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV -A DATE: May 5, 2009 REGULAR [XX] PUBLIC HEARING (] CONSENT[] PRESENTED BY: Daniel S. McIntyre Resolution No. 09-146 - Proclaiming May 9, 2009 through May 17, 2009 as "Tourism Week" in St. Lucie County, Florida. BACKGROUND: Charlotte Lombard, St. Lucie County Tourism Development Manager, has requested that this Board proclaim May 9, 2009 through May 17, 2009 as "Tourism Week" in St. Lucie County, Florida. The attached Resolution No. 09-146 has been drafted for that purpose. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-146 as drafted. COMMISSION ACTION: CONCURRENCE: N APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals Count a y Attorney:_ Management 4 Budget Purchasing: Daniel S. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 RESOLUTION NO. 09-146 A RESOLUTION PROCLAIMING MAY 9, 2009, THROUGH MAY 17, 2009, AS "TOURISM WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Travel to and within the United States provides significant economic benefits for the nation. 2. The travel industry ranks as the fifth largest employer in the United States and among the top 10 industries of 49 states (including the District of Columbia) when measured by employment. 3. The travel industry supports the interests of. St. Lucie County, contributing to our employment, economic prosperity, international trade and relations, peace, understanding and goodwill. 4. Travel ranks as one of the largest industries in St. Lucie County in terms of revenues generated, and provided employment for over seven thousand people and generating a payroll of over one hundred twenty-eight million dollars. 5. Travel contributes to personal growth, health, professional advancement, education, cultural understanding and the enhancement of America's image around the world. 6. The United States needs a nationally coordinated travel promotion program to attract millions of new international visitors. 7. Meetings, events and incentive travel are core business functions that help companies to strengthen business relationships, align and educate employees and customers, and reward business performance. 8. Travel can serve as a catalyst to help move the national economy forward. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 9, 2009, through May 17, 2009, as "TOURISM WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to join in this special observance with appropriate events, commemorations and festivals. PASSED AND DULY ADOPTED this 5th day of May, 2009. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. IV-B DATE: May 5, 2009 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-149 proclaiming the week of May 10 through May 16, 2009 as "Water Reuse Week" in St. Lucie County, Florida. BACKGROUND: Linette Trabulsy, Media Relations/Community Outreach with South Florida Water Management District for Martin/St. Lucie Service Center has requested that this Board proclaim the week of May 10 through May 16, 2009 as Water Reuse Week in St. Lucie County, Florida. The attached Resolution No. 09-149 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-149 as drafted. COMMISSION ACTION: CONCURRENCE: [XI APPROVED [ I DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: ( ]Management & Budget: [ ]Purchasing: Daniel S. McIntyre (] Road & Bridge.: [) Parks it Recreation Director. [ ] Solid Waste Mgr [ ]Finance: (check for copy only, if applicable) Effective 5/96 RESOLUTION NO. 09-149 A RESOLUTION PROCLAIMING THE WEEK OF MAY 10 THROUGH MAY 16, 2009, AS "WATER REUSE WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Safe, clean, and sustainable water resources are essential to Florida's environment, economy, citizens and visitors. 2. Florida's water supplies are finite, while our population and our need for water resources continues to increase. 3. Water reuse provides a means for conserving and augmenting Florida's precious water resources. 4. Florida has established the encouragement and promotion of water reuse as state objectives in Chapters 373 and 403, Florida Statutes. 5. Florida's permitted reuse capacity exceeds 1.4 billion gallons per day (over 58 percent of Florida's total permitted capacity for all domestic wastewater treatment facilities). 6. The State of Florida has declared the week of May 10 through May 16, 2009 to be Water Reuse Week in Florida. 7. St. Lucie County has joined with the State of Florida, the Florida Department of Environmental Protection and the South Florida Water Management District in encouraging and promoting water reuse and conservation. 8. St. Lucie County has implemented a water reuse program and encourages efficient and effective use of reclaimed water. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of May 10 through May 16, 2009 as "WATER REUSE WEEK" in St. Lucie County, Florida. 2. St. Lucie County is calling upon each citizen and business to help protect our precious resource by practicing water conservation and to use reclaimed water in an efficient and effective means. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. IV-B DATE: May 5, 2009 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-149 proclaiming the week of May 10 through May 16, 2009 as "Water Reuse Week" in St. Lucie County, Florida. BACKGROUND: Linette Trabulsy, Media Relations/Community Outreach with South Florida Water Management District for Martin/St. Lucie Service Center has requested that this Board proclaim the week of May 10 through May 16, 2009 as Water Reuse Week in St. Lucie County, Florida. The attached Resolution No. 09-149 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-149 as drafted. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: [X] County Attorney:�� Daniel S. McIntyre Faye M. Outlaw, MPA County Administrator Review and Approvals [ ]Management 8 Budget: [ ]Purchasing: [ ] Road 8t Bridge.: [ ) Parks Et Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 PASSED AND DULY ADOPTED this 281h day of April, 2009. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. IV-C DATE: May 5, 2009 REGULAR [x ] PUBLIC HEARING [ ] CONSENT[] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-158 proclaiming the May 1, 2009 as "Law Day" in St. Lucie County, Florida. BACKGROUND: Karen Emerson, Esquire, Vice President, Friends of the Rupert J. Smith Law Library, Inc., has requested that this Board proclaim May 1, 2009 as Law Day in St. Lucie County, Florida. The attached Resolution No. 09-158 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-158 as drafted. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ] OTHER: --� Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [ ]Management & Budget: [ ]Purchasing: Daniel S. McIntyre [ ] Road & Bridge.: [) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(oheck for copy only, if applicable) Effective 5/96 RESOLUTION NO. 09-158 A RESOLUTION PROCLAIMING FRIDAY, MAY 1, 2009 AS "LAW DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This country was founded on the principle that voluntary adherence to the rule of law expands, rather than limits, the opportunities of freedom for all. 2. A viable democracy requires understanding of the nature and basis of our freedoms and recognition of the individual responsibilities which those freedoms impose. 3. The Law Day 2009 theme, A Legacy of Liberty — Celebrating Lincoln's Bicentennial, encourages us all to explore the legacy of Abraham Lincoln, who is recognized as one of our nation's greatest and most eloquent presidents. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim Friday, May 1, 2009, as "LAW DAY" in St. Lucie County, Florida. 2. This Board urges the citizens, schools, businesses, legal professionals, and media of St. Lucie County to use this occasion to preserve and strengthen the rule of law. PASSED AND DULY ADOPTED this 5th day of May, 2009. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST CQUNTY F t. O R I D A TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. IV-C DATE: May 5, 2009 REGULAR [x ] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-158 proclaiming the May 1, 2009 as "Law Day" in St. Lucie County, Florida. BACKGROUND: Karen Emerson, Esquire, Vice President, Friends of the Rupert J. Smith Law Library, Inc., has requested that this Board proclaim May 1, 2009 as Law Day in St. Lucie County, Florida. The attached Resolution No. 09-158 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-158 as drafted. COMMISSION ACTION: [) APPROVED [) DENIED [ ] OTHER: CONCURRENCE: Faye M. Outlaw, MPA County Administrator Review and Approvals (X] County Attorney: [ ]Management & Budget: [ ]Purchasing: Daniel S. McIntyre [ ] Road & Bridge.: () Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 05/01/09 FZABWARR FUND TITLE 001 001180 001188 001191 001434 001436 001500 001501 001505 101 101001 101002 101003 101004 101006 102 102001 102809 107 107001 107002 107006 107204 107205 ill 112 120 122 126 130 139 140 140001 140133 140335 150 160 183 183001 183004 183006 185005 185009 189201 189202 250 295 310001 ST. LUCIE COUNTY - BOARD WARRANT LIST #31- 25-APR-2009 TO O1-MAY-2009 FUND SUMMARY General Fund US Dept Housing HUD Shelter Plus Gr Section 112/MPO/Fhwa/Planning 2007 FTA Sec 5309 Buses 06/07 Fla Comm for the Disadvantaged Tran INTACT Inspired Network to Achieve FDEM Emergency Mgmt Performance CSBG 2008-2009 Dept of Health and H FDCA Emerg. Mgmt Prep & Assist FY09 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting SLC Public Transit MSTU Palm Grove Fund Airport Fund Port Fund Construct Runway 9L/27R/Fence Parallel Runway Design-9L/27R Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY04/05 FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery Pla My Safe Florida Home Capital Projects I&S River Branch I&S Fund Impact Fees -Library EXPENSES 2,566,849.11 7.53 657.10 404,575.00 84.85 986.75 238.46 117.68 324.12 44,346.25 91.12 22,808.81 8, 628.97 13,635.92 7,334.82 6, 918.36 14,871.07 8,611.00 3, 695, 040.28 58,386.22 1, 621.18 16,847.18 290.39 662.14 2,900.11 614.61 183.52 1, 060. 96 126.68 623.11 772.28 3,585.95 4,617.00 6, 394.11 336.53 114.62 4,850.95 3,219.27 400.01 394.13 620.96 3.84- 31,623.05 5,670.85 44,009.22 90,506.00 2, 542.76 20,047.75 PAGE PAYROLL 536, 349. 95 99.84 7,147.81 0.00 1,143.12 1, 102.40 0.00 1, 386.80 0.00 38,227.20 1,191.19 45,829.93 23,240.68 17,902.24 0.00 77,555.98 5, 437.16 0.00 146,251.36 1, 113.60 1,113.60 8, 736.95 1,507.10 2,076.00 0.00 0.00 0.00 0.00 0.00 2,176.18 0.00 14,841.82 0.00 0.00 0.00 1,523.20 3,351 .26 3,009.49 0.00 5, 404 .72 0.00 0.00 2, 060 .48 1, 881.60 5, 700 .01 0.00 0.00 0.00 05/01/09 FZABWARR FUND TITLE 310002 310807 316 316001 317 318 318102 382 39007 396 401 418 451 458 461 471 478 479 491 505 505001 611 625 650 681 682 683 689 690 801 y11�IliL�t�K�Iihilll'�:�� • ' � WARRANT LIST #31- 25-APR-2009 TO 01-MAY-2009 FUND SUMMARY Impact Fees -Parks MLK/Dreamland Park County Capital 5th Cent Fuel -Capital County Capital -St Revenue Share Bnd County Capital -Transportation Bond FHWA Angle Rd Sidewalk & Signalizat Environmental Land Capital Fund Indian River Estates MSBU Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Agency Fund King Orange 2 Skylark 2 Revels Lane 1 Rouse Road MSBU Treasure Cove/Ocean Harbor S MSBU Bank Fund GRAND TOTAL: EXPENSES 6,247.00 734.00 63,893.99 302.40 2,100.00 23,283.00 102,069.16 12,780.00 3,957.87 42.76 107,512.74 4,845.13 1,370.48 39.52 18,990.08 1,714.85 94.34 120.58 2,715.02 395,911.49 50,070.47 15,893.61 368.61 640.47 4, 916.03 3, 712.11 6,220.29 1, 856.46 4,436.58 227,514.26 8, 163, 498.20 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 57, 043. 96 21,560.51 3, 949.39 535.66 19, 032. 64 7,882.22 1,280.24 1, 622 . 93 33,425.61 3,871.20 0.00 1, 905.77 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,109,471.80 2 AGENDA REQUEST ITEM NO. VI — B1 DATE: 05/05/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lewi� SUBMITTED BY: Airport Airport Director SUBJECT: Budget Resolution No. 09-145, Airfield Fence Obstruction Lights BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140362-4220-563000-400 (pending BOCC approval) PREVIOUS ACTION: March 24, 2009 - BOCC approval of Resolution No. 09-093 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement. RECOMMENDATION: Board approval of Budget Resolution No. 09-145 establishing the fund for the airfield fence obstruction lights project totaling $150,000 with an 80% FDOT grant ($120,000) and the 20% local share ($30,000) and authorization for the Chair to sign as approved by the County Attorney. COMMISSION ACTION: fit) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sianatures County Attorney ( ) OMB Director Budget Analyst Dan el J. McIntyre Originating Dept. ( ) ERD nip Marie Gouin jmnson Jir Patty Marston N/A r AIRPORT MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Director DATE: May 5, 2009 SUBJECT: Budget Resolution No. 09-145, Airfield Fence Obstruction Lights ITEM NO. VI — B1 Background: In the Phase 2 fence project completed in 2005, a fence was installed on the north side of the Runway 9/27 just south of the Fairwinds Golf Course. Placement of the fence was based on a determination by the Federal Aviation Administration (FAA) that keeping a distance of 400 feet from the runway centerline was acceptable since there was a ditch that affected the fence placement. The Florida Department of Transportation (FDOT) determined that the fence did not meet their requirements to put the fence 500 feet from the runway centerline. Initially, this was addressed by issuing a Notice to Airman (NOTAM) to advise pilots operating in the area of the fence location. However, since the FDOT annually inspects and licenses the Airport, the FDOT licensing inspector recommended that the fence be lit as a potential obstruction and FDOT agreed to provide a grant for 80% of the project costs. The project involves placing solar obstruction lights on 3,955 linear of feet of fencing. In February 2009, FDOT advised that a grant for these lights would be available this Fiscal Year, instead of the 2010 Fiscal Year. The FDOT grant, accepted by the Board per Resolution No. 09-093, includes funding $120,000 of the total project cost of $150,000. Although this project was unbudgeted this year, the $30,000 local match funds are available in 140-4210-531000-400, Professional Services. This Budget Resolution establishes the fund for the FDOT Joint Participation Agreement (JPA) #426174-1-94-01 for the installation of airfield fence obstruction lights at St. Lucie County International Airport. Recommendation Board approval of Budget Resolution No. 09-145 establishing the fund for the airfield fence obstruction lights project totaling $150,000 with an 80% FDOT grant ($120,000) and the 20% local share ($30,000) and authorization for the Chair to sign as approved by the County Attorney. 610 RESOLUTION NO. 09-145 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation through a Joint Participation Agreement, in the amount of $120,000, as funding for the Fence Obstruction Lights at the St. Lucie County International Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 5th day of May, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget is hereby amended as follows: REVENUE 140362-4220-334411-400 FDOT-Transportation $120,000 APPROPRIATIONS 140362-4220-563000-400 Infrastructure $120,000 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 5TH DAY OF MAY, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Airport ITEM NO. VI-132 DATE: 05/05/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) PRESENTED BY:� Diana D. Lewis Airport Director Change Order No. 4 for the Second Phase of the New Runway and Taxiway See attached memorandum. 140135-4220-563000-48006 Infrastructure 140335-4220-563000-48006 Infrastructure 140363-4220-563000-48006 Infrastructure (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Change Order No. 4 for Dickerson Florida, Inc. to construct the second phase of the New Runway and Taxiway Project for $212,512.41 increasing the total project cost from $3,754,411.78 to $3,966,924.19 with no change in contract time and authorization for the Chair to sign as approved by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director 0 , , 0J-"' Budget Analyst Daniel J. McIntyre /H « p4 _ Y• Purchasing ( ) ERD Melissa Simberlund 0 Marie Gouin Patty Marston (Name) AIRPORT MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Director -w---,' DATE: May 5, 2009 SUBJECT: Change Order No. 4 for the Second Phase of the New Runway and Taxiway ITEM NO. VI-B2 Background: The new runway and taxiway construction project located on the west side of the airport was bid in two phases based on when Federal Aviation Administration (FAA) funds became available. The first phase included the clearing and grubbing of the taxiway and runway areas and relocation of the canals. This was awarded on October 10, 2006 to Dickerson Florida, Inc., for the contract 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. The second phase of the runway and taxiway includes grading and paving, installation of the signs and electrical work, and the construction of the service road. This phase was also awarded to Dickerson in July 2008. There have been three change orders approved for the second phase of construction. The change orders included adjustments of topsoil quantities, addition of culverts and headwalls needed for unanticipated remedial work and changes to gate widths to accommodate towing aircraft with up to a 38 foot wingspan. Also, the contractor is installing conduit and pull boxes for the FPL distribution lines. Change Order No. 4 includes the following changes that were not previously anticipated: 1) Directional bore required by FPL for the distribution lines to go under Canal 3; 2) Changes to 14 signs required due to the runway re -designations from 9U27R and 9R/27L to 1OU27R and 10R/27L, respectively, and the need to increase the panel sizes due to the extra number; 3) Upgrade of the taxiway lights from the quartz lights to the more energy efficient LED lights funded by an FDOT grant accepted by the Board in April 2009. 4) Hand clearing trees in the wetland areas due to the line of sight impacts to the runway, which is required as a permit condition but was not included in the trees being removed by the Division of Forestry; 5) Dewatering required to install a headwall due to soil conditions necessitating an additional 31 days of dewatering. More detailed information is provided in Exhibit A attached. AW Previous Action June 12, 2008 — Budget Resolution for FAA grant amount of $5,418,464 July 1, 2008 - Awarded to Dickerson Florida, Inc., for $3,689,879.78 December 10, 2008 - Change Order No. 1 decreased the contract amount by $14,930.00 February 17, 2009 - Change Order No. 2 increased the contract by $13,794.00 and 20 days March 3, 2009 — Change Order No. 3 increased the contract by $50,738.00 and 30 days April 7, 2009 - Resolution 09-111 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #426457-1-94-01 to fund LED lights upgrade for a project cost of up to $31,250 Recommendation Board approval of Change Order No. 4 for Dickerson Florida, Inc., to construct the second phase of the New Runway and Taxiway Project for $212,512.41 increasing the total project cost from $3,754,411.78 to $3,966,924.19 with no change in contract time and authorization for the Chair to sign as approved by the County Attorney. 2. CHANGE ORDER ST. LUCIE COUNTY Va PROJECT: CHANGE ORDER NUMBER: No. 04 (name, address) Runway 9L-27R and Parallel Taxiway System INITIATION DATE: 4/23/2009 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 changes in this contract: (Additional sheet attached as Exhibit A - Yes No) See attached Exhibit "A" The original (Contract Sum) (Guaranteed Maximum Cost) was $ 3,689,879.78 Net change by previous authorized Change orders $ 64,532.00 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order $ 3,754,411.78 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or unchanged) by this Change Order $ 212,512.41 The new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be $ 3,966,924.19 The Contract Time will be (increased) (decreased) (unchanged) by ( 0 ) 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 adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing 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 interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result 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: Dickerson Florida, Inc. Contractor: P.O. box 910. Ft. Pierce, FL 34954 Address: By: Date: CONSULTANT: PBS&J, 482 S. Keller Road, Orlando, FL 32810 Architect/Engineer APPROVED: St. Lucie County International Airport St. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, Florida 34982 Address By: Date: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By. Chairman Date: By: Date: Approved as to Form and Correctness: County Attorney 7co"*uLNTY F L O R I D A TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works Administration ITEM NO. VI — C DATE: 05/05/09 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Donald B. West Public Works Dir ctor Permission to advertise an RFQ for engineering design of Indian River Estates Phase 2 Stormwater BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102212-3725-563000-425056 - Indian River Estates MSTU. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to advertise an RFQ for engineering design of Indian River Estates Phase 2 Stormwater. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( X ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Daniel McIntyre Originating Dept. ( X) - ERD Don Id B. West (X) Marie Gouin Karen Smith Public Works Administration MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director� DATE: May 5, 2009 SUBJECT: Permission to advertise an RFQ for engineering design of Indian River Estates Phase 2 Stormwater ITEM NO. VI — C Background: Indian River Estates is a flood prone neighborhood directly adjacent to the Savannas State Preserve. Flooding that occurs in the neighborhood often lasts for weeks, as the adjacent Savannas water table is very high during the wet season. Since 1995, County staff has been working to design and construct a stormwater management system for this subdivision. The County has partnered with the South Florida Water Management District (SFWMD), Florida Department of, Environmental Protection (FDEP), and the Indian River Lagoon National Estuary Program to design the project. The project is broken up into two phases: Phase 1 construction was completed in January 2009 and consists of a pump station and water retention facility. Phase 2 will consist of the stormwater collection and conveyance system. The total project cost is estimated at $8.5 million. In January 2009, the County accepted a grant from the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) for design of the Phase 2 project, in the amount of $116,243 (75%). If FEMA approves the design and engineering plan, an additional $4.19 million grant will be made available for construction of Phase 2. Federal grants require selection of a design firm through Request for Qualifications (RFQ) process. The County has recently modified our selection process and evaluation criteria. Staff will advertise a new RFQ specific to the Indian River Estates Project to insure compliance with Federal regulations. Previous Action: October 17, 2000 — BOCC approval of Work Authorization No. 12 with Hazen and Sawyer Engineers for Indian River Estates design & permits in the amount of $242,200. April 4, 2006 — BOCC approval of Work Authorization No. 25 with Hazen & Sawyer Engineers, for Indian River Estates Phase 1 design update in the amount of $87,810. November 27, 2007 — BOCC award of construction contract for Phase 1 to Close Construction, Inc. in the amount of $4,471,114. January 27, 2009 — BOCC acceptance of HMGP grant from FEMA in the amount of $116,243 for Phase 2 design. Recommendation: Board approval to advertise an RFQ for engineering design of Indian River Estate Phase 2 Stormwater. "%4 ITEM NO. VI-D TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST DATE: 05/05/2009 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Patti Raffensberger Parks & Recreation Recreation Manager n'p, Transportation Services Agreement — School Board of St. Lucie County See attached memorandum. FUNDS AVAILABLE: 001-7216-544300-7102 Lincoln Park Community Center 001-7510-544300-700 Fenn Center PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the Bus Transportation Services Agreement with the St. Lucie County School Board, and authorization for the Chair to sign agreement as approved by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Signatures County Attorney ( ) Dan McIntyre dA::�Originating Dept. ( ) Debra R. Brisson CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director ( ) C94, r Budget Analyst v Marie Gouin " L Patty Marston Parks & Recreation MEMORANDUM TO: Board of County Commissioners THROUGH: Debra R. Brisson, Director W FROM: Patti Raffensberger, Recreation Manager DATE: May 5, 2009 SUBJECT: Transportation Services Agreement — School Board of St. Lucie County ITEM NO. VI-D Background: Annually, the Board of County Commissioners contracts with the School Board of St. Lucie County for school buses to transport Parks & Recreation Department summer camp participants to various field trip locations. Depending on the number of camp participants, the department utilizes three to five buses. This year, the School Board has proposed a three-year Agreement, effective June 1, 2009 to May 31, 2012. Per Item 6, either party can cancel the Agreement with a thirty (30) day written notice. The proposed agreement increases the cost per mile from $2.00 to $3.00, which includes fuel. The County hires School Board bus drivers as part-time, temporary summer employees to drive the buses. The employees are not eligible for, and do not receive, benefits. Last fiscal year, the total spent for bus rental, gasoline and drivers' salaries was approximately $37,600 for the 5 camps. The Recreation Division will take steps to maintain the projected budget, primarily by conducting field trips closer to the summer camps. Given the projected total expenditure that will result over the three-year period, it is necessary for the Board of County Commissioners to approve the Agreement. It will then be returned to the School Board for final signature and processing. Recommendation Board approval of the Bus Transportation Services Agreement with the St. Lucie County School Board, and authorization for the Chair to sign agreement as approved by the County Attorney. EXHIBIT A CHANGES ORDERED BASE BID :ITEM QUANTITY; UNIT; PRICE[ AMOUNT; ADD/DEDUCT D-751 Well point clewatering for headwall foundation and 96" RCP installatioi 31 : Days: $ 1,676.61 € $ 51,974.91 : ADD TOTAL $ 51,974.91 ADD ALTERNATE 2 :ITEM QUANTITY: UNIT. PRICE. AMOUNT; ADD/DEDUCT L-116-5.1 ' 1 way 4" HDPE Directional Bore Under Existing Pavement (100) LF. $ 26.00 ': $ (2,800.00)1 DEDUCT L-125-5.3 :L-861T Taxiway Edge Light (7): EA: $ 700.00 $ (4,900.00)iDEDUCT TOTAL $ (7,700.00) ADD ALTERNATE 2 ITEM QUANTITY; UNIT; PRICE: AMOUNT: ADD/DEDUCT L-110-5.2 2 way 2" Schedule 40 PVC, Direct Earth Buried 449 LF: $ 5.00 ' $ 2,245.00 : ADD L-125-5.3 'Upgrade L-861T to L-661T LED 132 EA: $ 230.00: $ 30,360.00 ` ADD L-125-X.2 :Remove existing Taxiway Edge Light 1 EA $ 330.00 $ 330.00 ADD TOTAL $ 32,935.00 Re -designation of Runway 9-27 (10R-28L) :ITEM QUANTITY; UNIT'€ PRICE: AMOUNT: ADD/DEDUCT L-125-5.5 1-858 Airfield Sign - 3 Module 5 EA, $ 5,000.00 $ 25,000.00 : ADD L-125-5.6 'L-858 Airfield Sign -4 Module 5 EA: $ 6,000.00 : $ 30,000.00 € ADD L-125-X.1 L-858 Airfield Sign - 5 Module 2 EA: $ 7,000.00 : $ 14,000.00 [ ADD L-125-X.2 :Single Module Panel Replacement 2 EA: $ 175.00 : $ 350.00 : ADD TOTAL $ 69,350.00 FP&L Distribution Lines ;ITEM QUANTITY; UNIT: PRICE[ AMOUNT: ADD/DEDUCT 2 way 6"HDPE Directional Bore under Canal #3 250 LF: $ 80.50 : $ 20,125.00 € ADD TOTAL $ 20,125.00 Line of Sight Clearing - wetland areas ITEM QUANTITY: UNIT: PRICE! AMOUNT! ADD/DEDUCT : Hand clearing of wetland areas 1 LS: $ 42.377.50 € $ 42,377.50 : ADD Installation of tree protection fencing 3,000 LF $ 1.15 $ 3,450.00 ADD TOTAL $ 45,827.50 CHANGE ORDER 94 $ 212,512.41 De -watering and Subsurface soil preparation for 96" RCP Culvert Similar to the subsurface soil issues encountered at the canal crossing headwalls, the installation of the 96" RCP culvert requires additional de -watering and soil preparation. The extent of the substandard soil is an unforeseen condition and requires extensive work to make it suitable for pipe bedding. Electrical Revisions and Upgrade of Taxiway Edge Light fixtures to LED The directional bore underneath existing pavement will not be required. It has been determined that an existing conduit is in place that can handle the new cables. In addition, the configuration of the taxiway edge light layout has been revised slightly. This has resulted in a reduction of seven (7) edge lights. This same revision has resulted in an increase in the quantity of 2 way 2" conduit. Upgrading the taxiway edge light fixtures from quartz to LED's will reduce power requirements and maintenance costs. LED's require less power to operate and have a much longer operating fife than the traditional quartz bulb. The cost difference between the quartz fixture and the LED fixture is being added to the contract. Runway designation change After reviewing the magnetic variation, FAA requirements, and potential funding schedule, it has been determined that both the new runway and existing runway will need to be re -designated as part of the current construction project. This means the two parallel runways will be changed from 9-27 (Right and Left) to 10-28 (Right and Left). The re -designation will have no impact on the current construction of Runway 9L-27R (10L-28R), but it will require the replacement of the existing runway signage on Runway 9R-27L. The replacement signage is being added to the contract. FP&L Distribution Lines This additional work is associated with the relocation of the existing FP&L Distribution lines. The lines are being rerouted around the end of the new runway. The additional work being added to the contract is a directional bore of two (2) 6" HDPE conduits under the new access road and Canal #3. Line of Sight Clearing - wetland areas While the Division of Forestry is handling the upland clearing for the Line of Sight, the wetlands will need to be cleared by hand. All trees that penetrate the LOS within 25 ft of a wetland will need to be cut by hand and removed without disturbing the wetland. Seven (7) wetlands are located within the LOS area. This specialized clearing is being added to the contract. Transportation Services Agreement This AGREEMENT is between the St. Lucie County Parks and Recreation, herein after referred to as the SLC Parks and Recreation, whose address is 2300 Virginia Ave, Fort Pierce, FL 34982 and THE SCHOOL BOARD OF ST. LUCIE COUNTY, herein after referred to as the SLCSB whose address is 4204 Okeechobee Road, Fort Pierce, FL 34947. Services under this AGREEMENT shall include the following period: June 1, 2009 — or the date this AGREEMENT is signed by both parties, whichever is later and shall be completed May 31, 2012. This AGREEMENT consists of Pages 1 through 4 and the following attachments: A. Certificate of Insurance naming SLCSB as additional insured B. Daily Vehicle Log (Blank) 1. SELLING, TRANSFERRING OR ASSIGNING THIS CONTRACT This contract may not be sold, transferred or assigned without the written approval of the SLCSB. 2. CONDITIONS OF CONTRACT The SLC Parks and Recreation shall, at their own expense, obtain all necessary permits, pay all licenses, fees and taxes required to comply with all local ordinances, state and federal law, rules and regulations applicable to business to be carried out under this contract. 3. INDEMNITY/HOLD HARMLESS AGREEMENT SLC Parks and Recreation agrees to protect, defend, indemnify and hold harmless the SLCSB including their directors, employees and agents from and against any and all losses, penalties, damages, settlements, claims, costs, charges for other expenses or liabilities of every and any kind including attorney fees, in connection with or arising directly or indirectly out of the work agreed to or performed by SLCSB under the terms of this AGREEMENT. Without limiting the foregoing, any and all such claims, suits or other actions, relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation or decrees of any court, shall be in the indemnity hereunder. 4. DESCRIPTION OF ENTITY AND OFFICES TO BE SERVED The customers to be served under this AGREEMENT are youths and adults participating in St. Lucie County Parks & Recreation programs. The service to be provided is transportation from designated pick-up locations to sites in St. Lucie County for SLC Parks and Recreation sponsored programs and back from SLC Parks and Recreation sponsored programs to the designated pick-up locations. Park and secure each leased bus at either the SLCSB's South Compound or North Compound after each daily use. The contact person for this contract will be: Patti Raffensberger. The telephone number is 462-1528. The SLCSB contact person for this contract will be Donald Carter, Director of Transportation. The telephone number is 785-6602. Jajuana Griffin and Celeste LaFountain are daily operational contacts and may be reached at 344-4497 or 785-6617. 5. SCOPE OF SERVICES TO BE PERFORMED A. The following services will be performed by the SLCSB: Provide four (4) buses to transport eligible participants from strategic pick-up sites to St. Lucie County for St. Lucie County Parks and Recreation sponsored programs and from designated sites back to the strategic pick-up locations. Provide scheduled maintenance for each leased bus. Provide a substitute bus whenever leased bus is in for service. B. The following services will be performed by SLC Parks and Recreation. Provide SLCSB contact person with a weekly Mileage Check List and Log Sheet report showing the beginning, ending and total mileage traveled for each bus (copy attached). Secure signs to be placed on school buses to read "This bus is contracted to St. Lucie County Parks & Recreation Dept. Interview, select and hire on a nondiscriminatory basis, only SLCSB school bus drivers and pay all wages, including benefits applicable to seasonal employees, if any. Pay SLCSB in accordance with the fee schedule below. Use only buses specified by SLCSB. Purchase and maintain in full force and effect during the term of this Agreement an insurance policy issued by a company or companies licensed to o �,`ness in Florida, providing coverage in an amount not less than one rs`'S`N gnu-s Co/Oo av ) ($4700Q 9A9-N) and to provide the SLCSB a Certificate of Insurance issued 1-4 IV) and endorsed by the insurance carrier, or the requirements of sec. 768.28, FS. 6. PAYMENT Payment will be made when the SLC Parks and Recreation has determined that the service has been satisfactorily completed. Should the SLC Parks and Recreation reject an invoice, SLC Parks and Recreation's authorized representative will notify SLCSB at (772) 785-6617 of such rejection giving the reason(s). The right to reject an invoice shall extend throughout the term of this contract for thirty (30) days after the final invoice for payment is submitted. All invoices are to be submitted monthly within 30 days of the last day of the previous month. Monthly invoices must be sent to: St. Lucie County Parks and Recreation ATTN: Patti Raffensberger 2000 Virginia Ave Ft. Pierce, FL 34982 This invoice shall be sent at the first of the month following the previous months service upon receipt of the Mileage Check List and Log Sheet Report. The contract can be cancelled by either party within thirty (30) days written notice to the last known address of the SLC Parks and Recreation and the SLCSB. 7. RATE SCHEDULE Cost per Mile (including fuel to be provided by SLCSB): $ 3.00 PRICE SUBJECT TO CHANGE 8. SEVERABILITY If any portion of this AGREEMENT is held invalid, it is agreed that such invalidity shall not affect any of the remaining portions. The parties agree to comply with all terms and provisions of this AGREEMENT including the attachments. 2 APPROVED BY St. Lucie County Board of County Commissioners Signature Typed Name Chair Title Date APPROVED BY St. Lucie County School Board Signature Judi Miller Typed Name School Board Chairman Title Signature Michael Lannon Typed Name Superintendent Title Date St. Lucie County District Schools St. Lucie County Parks & Recreation Daily Vehicle Log for 2009-2010 Bus Driver Name (Print) St. Lucie County Bus Number: Day Date AM Odometer PM Odometer Monday Tuesday Wednesday Thursday Friday Saturday Sunday Community Agency or School Group: Driver Signature Date Note: This form must be completed and submitted to Dispatch at the end of each week prior to the first afternoon of the following week. Failure to turn in the form by a driver may be reason for a driver to be released from summer work and the use of a bus may be discontinued to an outside agency. 4 The form may be faxed to340-7125. Please confirm receipt of the fax. SLCSB Transportation Agreement Contact Information 2009 Agency Name: ST LUCIE COUNTY PARKS & RECREATION DEPT. Program Name: SUMMER CAMPS PROGRAM Local Agency Contact Person: PATTI RAFFENSBERGER Daytime Office Number: 462-1528 Cell Number: 216-0170 Fax Office Number: 462-1940 Billing Agency Contact Person: JULIE ZICARELLI Daytime Office Number: 462-1513 Fax Office Number: 462-1940 Agency Contact and phone numbers for Pick Up/Delivery or Discipline Issues: NITA WIECHEL 462-1792 DENISE SIRMONS 462-1788 CHRISSY ELIOTT 462-1456 Number Buses anticipated 4 (FOUR) Do you select and pay drivers: [ X ] Yes [ ] No Does School Board: [ ] Yes [ ] No Normal Days of Week Buses Requested: MONDAY - FRIDAY Anticipated Program Start Date: JUNE 15, 2009 Anticipated Program End Date: AUGUST 14, 2009 (No later than August 14, 2009) G� im TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division Ft. Pierce South Mine Expansion See attached memorandum. N/A ITEM NO. VII-A DATE: 5/5/09 REGULAR PUBLIC HEARING (X ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) PRESENTED BY: Michael Powley, P.E. AJ Vp County Engineer PREVIOUS ACTION: April 19, 2005 — BOCC approved conditional use and mining approval of Ft. Pierce South Mine. March 24, 2009 — BOCC approved permission to schedule a Public Hearing. RECOMMENDATION: Board approval of the Ft. Pierce South Mine Expansion subject to the approved plans and General and Special Conditions incorporated into Addendum No. 1. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( OTHER Motion to change mining permit Approved 5-0 addendum as stated for the record. County Attorney (x ) Daniel McIntyre Originating Dept. ( x ) Donald West Ft. Pierce South Mine PH.ag Coordination/Signatures Faye W. Outlaw, MPA County Administrator Engineering (x) AIV P Michael Powley ERD (x) YA YvJ, e-� Karen Smith Mqw Page 1 of 4 v Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director P b8!, ' FROM: Michael Powley, County Engineer XiNoP DATE: May 5, 2009 SUBJECT: Ft. Pierce South Mine Expansion ITEM NO. VII-A Background: On March 24, 2009, the Board authorized staff to schedule a public hearing on the above mining permit application. Correspondence to all of the property owners within a one mile radius of the mine has been sent advising of the proposed expansion and the Public Hearing. Public notice has been advertised in the Fort Pierce Tribune. The proposed Ft. Pierce South Mine is located in western St. Lucie County on the south side of Indrio Road. This mine received a Conditional Use approval and Mining Permit approval by St. Lucie County on April 19, 2005. It has been actively mined since this approval and remains today. Current land cover within the existing mine area includes 158.06 acres of active mining including mine pits, stockpile areas, processing/sorting equipment, recharge canals, and internal access roads, as well as two agricultural ditches totaling 5.62 acres. Current land cover within the expansion area includes 74.96 acres of grazed agricultural pasture, 1.98 acres of agricultural ditches, and two wetlands totaling 0.49 acres on - site. Mining of the approved areas and of the expansion areas will utilize all of the land within the approved Conditional Use boundaries. The expansion will be done in two phases. The first phase consists of four acres and the second phase consists of 70.88 acres. The mining process currently used will remain unchanged. The dewatering process will consist of pumps that will remove water from the excavation area to a perimeter ditch located around the two pits. The water will be circulated in a recharge ditch and kept on the property. Once the area has been dewatered, track hoes will pile the fill material before it is loaded onto trucks. During the mining operation, the annual output of material is estimated at to be about 200,000 tons or 135,000 cubic yards. As this is an active mine, no new traffic due to the expansion is anticipated. The proposed expansion project and associated activities will likely impact, the following environmental resources: • A 0.29-acre Category III wetland • Agricultural ditches totaling 1.98 acres • Potential habitat for federal and state -protected snake, Least tern, Sandhill crane, Caracara, etc.) species (i.e., Wood stork, Burrowing owl, Indigo Page 2 of 4 Upon completion, machinery and structures which are accessory to mining shall be properly removed from the site. The reclamation of both phases will require that all disturbed areas be graded, and seed - and -mulched, side slopes will be graded to 4:1, and a littoral zone planting scheme will be accomplished. An as -built survey will be done. A maintenance period will be required to ensure the survivability of the plantings. A cost analysis was used to estimate the performance -bonding requirements for this mining operation. Typical construction tasks and associate unit costs were used in determining a bond amount. It is recommended that the bond amount be $290,559.28 for the reclamation of the mine. To date, no complaints on this mine have been filed through the Engineering Division. A voluntary extraction fee on a per ton basis is being proposed to address or compensate for the following: a. Upland buffer around the reclaimed lake; b. Placement of conservation easements over reclamation area; c. Establishment of a long-term management plan for the reclaimed lakeshore areas; and d. Potential greenways and trails connections and/or installation. No trail connection is currently needed or foreseen in the near future; however, one may be needed in the long-term given the life of the Mining Permit. This fee is being addressed in a separate agenda item by the County Attorney's office. The voluntary fees would be used by the County for environmental projects of the County's choosing. The voluntary extraction fee consists of two components: 1) A guaranteed minimum payment of $150,000 over a defined term; and 2) Additional payments over the life of the mine based on tonnage of materials excavated and sold from the site, which the applicant estimates to equal approximately $100,000. The applicant's proposal requires approval by the Board of County Commission (BOCC) and would not waive any requirements to comply with St. Lucie County Land Development Code and Comprehensive Plan requirements for any future development proposals or permits, including provision of upland buffers, greenways and trails connections, and provision of conservation easements. It should be noted that this voluntary extraction fee would not be appropriate for all applicants; each mining permit is evaluated individually. Noteworthy existing or new conditions: Rather than list the numerous General and Special Conditions detailed in the Mining Permit Addendum, following are some important points deserving mention. (Please see the attached permit addendum for all of the conditions.) • Hours of operation: 6:00 A.M. to 6:00 P.M. Monday through Saturday No operations on holidays observed by the County. • A voluntary extraction fee shall be provided to the County per the Voluntary Extraction Fee agreement approved by the Board of County Commissioners. • The mining permit will expire ten years from the date of approval of Addendum No. 1 or May 5, 2019. • If, for any reason, the permittee does not comply with or will be unable to comply with any conditions or limitations specified in this permit, the permittee shall immediately notify and provide the County with the following information. a. A description of a case of non-compliance; and b. The period of non-compliance, including exact dates and times; or, if not corrected, the anticipated time the non-compliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the non-compliance. c. Proof in a form acceptable to the County Engineer, as applicable, that all of the appropriate regulatory agencies have been properly notified of the non-compliance. Page 3 of 4 • The permittee shall be responsible for any and all damages, which may result and may be subject to enforcement action by the County for penalties or revocation of this permit. • Adherence to all noise and vibration ordinances that were in effect at the time of original approval is required. The noise and vibration conditions may be modified if noise complaints are received. • Annual updates shall include but not be limited to an estimated output and a graphical representation in both horizontal and vertical limits of how much area has been mined. • Water consumption shall not exceed three million (3,000,000) gallons per day. • All primary pumps shall be electric -powered. All conditions from the original mining permit approval, unless modified by this addendum, remain in effect and are included in the addendum. Recommendation Board approval of the Ft. Pierce South Mine Expansion subject to the approved plans and General and Special Conditions incorporated into Addendum No. 1. Attachments: ERD Companion Report - 1 page Mining Permit Addendum No. 1 - 6 pages Correspondence to Neighbors - 2 pages Public Notice to Newspapers - 1 page Mining Plan - 1 page Reclamation Plan - 1 page Conditional Use Boundary Aerial - 1 page Page 4 of 4 c6U NTY F L O R I D A Environmental Resources Department Agenda Item Companion Report TO: Board of County Commissioners FROM: Yvette Alger Environmental Resources Department (ERD) DATE: April 28, 2009 RE: Ft. Pierce South Mine Expansion Permit Application DEPARTMENT COORDINATION Public Works requested ERD input on the proposed Mine expansion. ERD staff have performed site visits and have coordinated with the applicant and Public Works on the Mining Permit review. ERDINPUT ERD input, including conditions of approval, has been incorporated into the Mining Permit and Agenda Memorandum. ERD RECOMMENDATION ERD has no objection to the Public Works recommendation of approval. Sin ture MINING PERMIT ADDENDUM NO. 1 The Board of County Commissioners (Ft. Pierce South Mine Expansion) This addendum reflects an expansion in mining area as approved by the Board of County Commissioners on May 5, 2009. The original mining permit was approved by the Board of County Commissioners on April 19, 2005. MINING AREA Section 29, Township 34 South, Range 39 East, St. Lucie County, Florida, described as follows: The East one-half of the Southwest one -quarter of said Section 29 and the Northwest one -quarter of said Section 29. Containing +/- 240.97 acres, more or less. This CLASS II mining permit is valid for a period of TWENTY (20) YEARS, from the original date of approval hereof unless modified by approval of Addendum No.1 or revoked prior thereto as provided in said Sections 6.06.00 and 11.05.11 of St. Lucie County Land Development Code. According to the mining plan on file in the County Engineer's office and approved by the Board of County Commissioners on May 5, 2009, this permit is subject to Conditional Use Permit Resolution No.5-135. The Conditional Use boundaries remain unchanged. This approval is subject to paragraphs 1 through 12 of the General Conditions and paragraphs 1 through 23 of the Special Conditions. GENERAL CONDITIONS: The terms, conditions, requirements, limitations, and restrictions set forth herein are "Permit Conditions" and as such are binding upon the permittee and enforceable. The permittee is hereby placed on notice that the County will review this permit periodically and may initiate enforcement action for any violation of the "Permit Conditions" by the permittee, its agents, employees, servants, or representatives. 2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the County. MINING PERMIT PERMITTEE: FT. PIERCE SOUTH MINE DATE OF ISSUE: 4/19,%2005 EXPIRATION DATE: 4/19/2025 3. The issuance of this permit does not convey any vested rights or any exclusive privileges. Nor does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws, or regulations. This permit does not constitute a waiver of or approval of any other County permit that may be required for other aspects of the total project, which are not addressed in the permit. 4. This permit conveys no title to land or water, does not constitute County recognition or acknowledgement of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the state. 5. This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, plant, or aquatic life, or property and penalties therefore caused by the construction or operation of this permitted source, nor does it allow the permittee to cause pollution in contravention of Florida Statutes and County rules, unless specifically authorized by an order from the County. 6. The permittee shall at all times properly operate and maintain the facility (and related appurtenances) that are installed or used by the permittee to achieve compliance with the condition of this permit. This provision includes the operation of backup or auxiliary facilities or similar systems necessary to achieve compliance with the conditions of the permit. 7. The permittee, by accepting this permit, specifically agrees to allow authorized County personnel, upon presentation of credentials or other documents as may be required by law, access to the premises, at reasonable times, where the permitted activity is located or conducted for the purpose of: a. Having access to and copying any records that must be kept under the conditions of the permit; b. Inspecting the facility, equipment practices, or operations regulated or required under this permit; and C. Sampling or monitoring any substances or parameters at any location reasonably necessary to assure compliance with this permit. Reasonable time may depend on the nature of the concern being investigated. 8. If, for any reason, the permittee does not comply with or will be unable to comply with any conditions or limitations specified in this permit, the permittee shall immediately notify and provide the County with the following information. MINING PERMIT 2 PERMITTEE: DATE OF ISSUE: 4/19/2005 FT. PIERCE SOUTH MINE EXPIRATION DATE: 4/19/2025 a. A description of a case of non-compliance; and b. The period of non-compliance, including exact dates and times; or, if not corrected, the anticipated time the non-compliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the non- compliance. c. Proof in a form acceptable to the County Engineer, as applicable, that all of the appropriate regulatory agencies have been properly notified of the non-compliance. The permittee shall be responsible for any and all damages, which may result and may be subject to enforcement action by the County for penalties or revocation of this permit. 9. This permit applies only to the land described in the permit and is transferable to a purchaser of the land only upon County approval. The permittee shall be liable for any non-compliance of the permitted activity until the County approves the transfer. No County approval shall be required for a lessee or licensee to operate the mine, provided that title to the land is not conveyed. 10. All permits and addendums along with plans must remain on job site during the entire period of construction or operation. 11. When requested by the County, the permittee shall within a reasonable time furnish any information required by law, which is needed to determine compliance with the permit. If the permittee becomes aware that relevant facts were not submitted or were incorrect in the permit application or in any report to the County, such facts or information shall be submitted or correct promptly. 12. Prior to approval of any Environmental Resources Department (ERD)-related site work, the applicant shall have obtained and provided ERD with all required federal and state permits and a copy of the approved St. Lucie County mining permit. If federal or state agency compliance requires modification to the mining plans, the applicant will promptly modify the plans and submit to the County for review and approval. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. SPECIAL CONDITIONS: A voluntary extraction fee shall be provided to the County per the Voluntary Extraction Fee agreement approved by the Board of County Commissioners. 2. The mining permit shall expire ten years from approval of the proposed expansion, or May 5, 2019. MINING PERMIT 3 PERMITTEE: FT. PIERCE SOUTH MINE DATE OF ISSUE: 4/ 19,/2005 EXPIRATION DATE: 4/19/2025 3. Hours of operation (including related activities such as loading, stockpiling, processing, etc.): 6:00 a.m. to 6:00 p.m., Monday through Saturday. 4. No operations on holidays (as observed by St. Lucie County), or Sundays. 5. No dewatering shall occur without a South Florida Water Management District (SFWMD) permit submitted to the County Engineer and receipt verified. 6. Blasting is not approved as part of this permit. 7. All equipment, machinery and structures, which are accessory to mining, shall be properly removed from the site at the expiration of the permit. 8. Stockpiled material and haul roads shall be periodically watered down during dry and/or windy conditions to minimize migration of sand, dust, or air contaminants to surrounding properties. 9. Violations of the mining permit or mining plan are subject to permit revocation by the Board of County Commissioners and/or subject to a fine of $250 per violation and an additional $100 per day for each day that the violation is not brought into compliance. 10. Adherence to all noise and vibration ordinances that were in effect at the time of original approval is required. The noise and vibration conditions may be modified if noise complaints are received. 11. Prior to mining new phases all of the associated bonds must be in place and the permittee shall notify the County Engineer and receive approval in writing before proceeding. 12. Prior to the commencement of any mining -related operations, approval from all other regulatory agencies shall be submitted to and acknowledged by the County Engineer. 13. Pursuant to Section 378.501 or 378.801 Florida Statutes as applicable, the mine operator must notify the Executive Director of the Florida Department of Environmental Protection, Bureau of Mine Reclamation, Innovation Park, 2051 East Dirac Dr., Tallahassee, Florida, 32310, (850) 488-8217 before any new surface area is disturbed. 14. Annual updates shall include but not be limited to an estimated output and a graphical representation in both horizontal and vertical limits of how much area has been mined. 15. As part of the reclamation phase, the permittee shall provide the County Engineer with an as -built survey which includes, but is not limited to, water depths, setbacks, MINING PERMIT 4 PERMITTEE: FT. PIERCE SOUTH MINE DATE OF ISSUE: 4/19/2005 EXPIRATION DATE: 4/19/2025 and cross -sections (200 feet minimum). The survey shall be performed and certified by a Professional Land Surveyor registered in the State of Florida. The property lines shall be monumented. 16. Water consumption shall not exceed three million (3,000,000) gallons per day. 17. All primary pumps shall be electric -powered. 18. Performance: The performance bond is to rehabilitate the land upon completion of the mining activities. This includes the removal of all mining related equipment and the revegetation of the land and lakes. A bond must be provided in amount of S 290, 559.28 prior to modification of the existing mining permit. All or a portion of the bond may be released prior to conclusion of the three -year monitoring period, upon approval by the County Engineer and the ERD Director. 19. Once the reclamation requirements are completed, the applicant shall notify the County Engineer and the ERD Director in writing. 20. The applicant shall protect the remaining wetland from construction activities prior to, during and after construction and shall establish and maintain a 200-foot forested buffer using native pines and/or live oaks around the remaining wetland. Forested buffer seedlings shall be protected from grazing. 21. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide the Environmental Resources Department with the following: a A copy of all required and approved federal and state permits and plans. County permits shall not prevent compliance with any federal or state agency requirements. Required permits and plans include, but are not limited to, Florida Department of Environmental Protection Environmental Resource and Industrial Wastewater Permits and Bureau of Land Management Reclamation Plans, U. S. Army Corps of Engineers Permits, South Florida Water Management District Water Use Permit, Florida Fish and Wildlife Conservation Commission and U.S. Fish and Wildlife Service requirements and plans. b A copy of all plans modified in the state, federal or county approval process including mining, reclamation or habitat management plans shall be submitted to the Environmental Resources Department for review and approval as required by the Land Development Code. c An updated Habitat Management Plan, including the following: Reference compliance with protection plans and conservation measures for the eastern indigo snake, burrowing owl, least tern, sandhill crane, and caracara, MINING PERMIT PERMITTEE: FT. PIERCE SOUTH MINE DATE OF ISSUE: 4/ 19/2005� EXPIRATION DATE: 4/19,/2025 prepared in accordance with U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) guidelines, as updated or revised, during all mining, reclamation, and maintenance/management activities; • Include reference to any other species/habitat management and monitoring plans required by FWS or FWC; • Identify Best Management Practices which will be used to ensure water quality both within and downstream of the proposed lakes during mining and reclamation, as well as over the long-term; • Reference the Reclamation Plans; and • Include management/monitoring of preserved wetlands and associated upland buffers. 22. The applicant shall provide the Environmental Resources Department a copy of all monitoring plans and status reports required by federal, state and county permits and plans as noted in Conditions of Approval 1) a. Of note, are the monitoring and status reports required in the Reclamation Plan and for release of bonds. 23. The applicant shall install a minimum of two (2) raptor perches and/or platforms adjacent to the reclaimed lakes. All other terms and conditions remain unchanged for Phase I and Phase 11 pursuant to the original permit dated April 19, 2005. DATED THIS 5th day of May, 2009 ST. LUCIE COUNTY ENGINEERING DIVISION County Engineer MINING PERMIT 6 BOARD OF COUNTY Llthk rluF1 PUBLIC WORKS COMMISSIONERS DEPARTMENT April 20, 2009 Re: Ft. Pierce South Mine Expansion In compliance with the provisions of the St. Lucie County Land Development Code, you are hereby advised that the Ft. Pierce South Mine at 1375 Indrio Road, Ft. Pierce, FL 34945, has petitioned the Board of County Commissioners to approve expanding into new phases within the current conditional use boundary. A location map is attached to this correspondence. This is for an existing mine on the following described property: MINING AREA: The following parcels lying within Section 29, Township 34 South, Range 39 East, St. Lucie County, Florida, described as follows: The East one-half of the Southwest one -quarter of said Section 29 and the Northwest one - quarter of said Section 29. Containing +/- 240.97 acres, more or less. A public hearing on the petition will be held at 6:00 P.M. (or as soon thereafter as possible), on Tuesday, May 5, 2009, in the St. Lucie County Administration Building, 3rd Floor Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at said hearing. Written comments received in advance of the public hearing will also be considered. If you have any questions, please contact Michael Powley, P.E., County Engineer, at (772) 462-1707. Sincerely, ST. LUCIE COUNTY Michael Powley, P.E. County Engineer CHRIS 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 Adminisrroror - Faye W. Ourlow, MPA 2300 Virginia Avenue • Fr. Pierce, FL 34982 Public Works: (772) 462-1485 • FAX (772) 462-2268 Division of Engineering: (772) 462-1707 FAX 462-2362 • Division of Rood U Bridge: (772) 462-2511 FAX 462-2363 www.srlucleco.org C � O }' a)�0�, O Q O OQW L L a) i • W a_ t U— `i PH We61sQo31 1 i IS 41Si- � 4� e m $ a PH uewi+eF 0P Pc -PH uNN Pil sul�lusf PN sulYu: py bled �olA I I � D--AMH OWN PM aloulw-S vs� U 0 c O re FQ tv cam Pa uuMS PH leuco Japeep 0 9 licS5s��; Pa Pea-si,m 'i➢.fl- ig Florida Resources LLC/SMI Ft. Pierce South Mine Financial Analysis — Reclamation REVISED APRIL 2009 Earth Moving (Phase I and Phase I Expansion) Activity Quantity Unit Unit Cost Item Cost Mobilization 1.0 LS $1,500.00 $1,500.00 Grade Shoreline 4715.11 L.F. $2.00 $19,476.64 Sub Total $20,976.64 Earth Moving (Phase 1Q Activity Quantity Unit Unit Cost Item Cost Mobilization 1.0 L.S. $3,000.00 $3,000.00* Grade Shoreline 6,888.24 L.F. $2.00 $13,776.48 Grade Perimeter Berm and Recharge Ditch 11,400.00 L.F. $0.50 $5,700.00 As Built Surveys — Phases I and II I At cost $10,000.00 $10,000.00* Sub Total $32,476.48* Upland Vegetation (Phase 1, Phase I Expansion and Phase II) Activity Quantity Unit Unit Cost Item Cost Seed and Mulch Lake 4,316.66 S.Y. $0.25 $1,079.15 Slopes (Phase I and Phase I Expansion) Seed & Mulch Uplands 132,925.3 S.Y. $0.25 $33,231.33 (Phase I and Phase I Expansion) Sod Lake Slopes (Phase II) 3,061.44 L.F. $1.25 $3,826.80 Seed & Mulch Uplands 148,375.50 S.Y $0.25 $37,093.88 (Phase II) Sub Total $75,231.16 The financial analyses of the following sections have been revised to include the Phase I expansion area. Littoral Zone Plantings (Phase II, Phase I and Phase I Expansion) Vegetation/Materials (Cost includes plant installation and fertilization) (Bonding based on l 00% nlanting- Plantino/Initial Planting tn INA')50/ l INITIAL PLANTING PLAN Species Quantity Unit Unit Cost Item Cost Pontederia cordata 15000 Plug $1.00 $15,000.00 S artina bakeri 15000 l gallon $2.00 $30,000.00 Juncus e usus 15000 Plug $1.00 $15,000.00 Taxodium distichum 1 8000 3 gallon $10.00 $80,000.00 Vegetation Sub Total $140,000.00 SUPPLEMENTAL PLANTING PLAN AS NECESSARY Species Quantity Unit Unit Cost Item Cost Pontederia cordata 350 Plug $1.00 $350.00 Sa ittaria lanceolata 350 Plug $1.00 $350.00 Eleocharis interstincta 350 Plug $1.00 $350.00 Juncus e usus 350 Plug $1.00 $350.00 Vegetation Sub Total $1,400.00 Monitoring and Reporting (Based on a 3 year monitoring period) Field Work $2,000.00 per year for three (3) years Reporting $1,000.00 per year for three (3) years SUBTOTAL Monitoring Costs Maintenance = $6,000.00 = $3,000.00 = $9,000.00 Invasive vegetative species would be hand removed, as necessary, quarterly for the first two years and biannually each subsequent year. Follows is an estimated breakdown of labor costs associated with the removal of invasive vegetative species. No chemical costs are given, as removal of invasive species will be done by hand. Year Quantity Unit Unit Cost Item Cost Year 1 18 Man hours $55.00 $990.00 Year 2 18 Man hours $55.00 $990.00 Year 3 9 Man hours $55.00 $495.00 Maintenance Sub Total $2,475.00 Perimeter Lake Fence (at cost) $9,000.00 TOTAL ESTIMATED RECLAMATION COST $290 559.28 Page Two of Two — 4/24/20091pgeps NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucie County will at 6.00 P.M. (oras soon thereafter as possible), on Tuesday, May 5, 2009, in the St. Lucie County Administration Building, 3rd Floor Annex, 2300 Virginia Avenue, Fort Pierce, Florida. hold a public hearing on the petition of Ft. Pierce South Mine, petitioning the Board of County Commissioners of St. Lucie County to approve expanding into new phases within the approved conditional use boundaries of an existing mining. If approved, the existing mining permit will be modified for the following described property in St. Lucie County, Florida, to wit: Mining Area The following parcels lying within Section 29, Township 34 South, Range 39 East, St. Lucie County, Florida, described as follows: The East one-half of the Southwest one -quarter of said Section 29 and the Northwest one -quarter of said Section 29. Containing +/- 240.97 acres, more or less. The required mining plan is on file in the County Engineering Division, Room 229, 2nd FloorAnnex, St. Lucie County Administration Building, and 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at said hearing. Written comments received in advance of the public hearing will also be considered. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY Paul Lewis, Chair PUBLISH: April 19, 2009 PROOF AND BILL: Board of County Commissioners, St. Lucie County ITEM NO. VII-B J �=~ DATE: 5/5/2009 AGENDA REQUEST REGULAR ( ) H, PUBLIC HEARING (X ) LEG. ( ) QUASI -JD (X ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark Satterlee, AIC I SUBMITTED BY: Growth Management Department Growth Management Director SUBJECT: Seahorse Beach Bungalows Conditional Use — Major Adjustment BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the BOCC approve Resolution 09-134 finding the renovations to the Seahorse Bungalows in substantial conformity with the existing conditional use. COMMISSION ACTION: APPROVED ( ) OTHER Approved 5-0 ( ) DENIED Motion to continue to May 19th at 6:00 p.m. or as thereafter. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) 8 ; r, County Surveyor ( ) Da iel S. McIntyre / k -, v , ) County Engineer ( ) ERD ( ) Michael Powley Originating Dept. (✓) ZC/ 11 J KJA Sattertee Ron Harris Karen Smith Code Compliance ( ) s L e V - Growth Management 0 --'�P MEMORANDUM > ISM TO: Board of County Commissioners FROM: Mark Satterlee, AICP, Growth Management Director O DATE: May 5, 2009 SUBJECT: Seahorse Beach Bungalows Conditional Use ITEM NO. VII-B Background: The Seahorse Beach Bungalows is a 13-unit apartment conditional use on North Hutchinson Island that exceeds the currently allowed density. The use consists of two buildings sitting on 0.43 acres of land. Current density would permit only 2 residential units. The buildings were being reconstructed in 2004 and were subsequently damaged in the hurricanes that year. The subject property has been used as a hotel for many years and its original construction pre- dates much of the Land Development Code (LDC). The property owner applied for and received numerous permits to reconstruct the buildings in 2004. The structures were also damaged during that hurricane season. The structures were rebuilt in the same footprint as the existing structure. The primary difference is that one of rebuilt structures now has a pitched roof that meets hurricane code versus the original building that had a flat roof. No new units were added and no new habitable square footage was created during the renovation project. Several individuals appealed the County's issuance of building permits for the rebuilding to the Board of Adjustment. The appeal was based on the petitioners' assertion that issuance of the building permits effectively allowed the total reconstruction of a nonconforming structures and use. The BOA found that staff had acted properly in issuing the permits. The same individuals appealed that decision to the 19"' Circuit Court. The Court reviewed the County action in approving reconstruction of the conditional use and found that the County properly allowed reconstruction but failed to fully follow proper procedure. The Court found that the "...property is grandfathered into HIRD as a legally conforming use pursuant to... the LDC. Based upon... the LDC, a legally conforming use under Section 3.01.03 is considered a conforming use and a conditional use under the LDC." In the Court's reading of the LDC, it found that the amount of work done to repair and upgrade the building was in excess of what should have been approved administratively by the Building Official. This approval process was never at issue prior to the Court reviewing the case. Rather, all the approvals had been issued as building permits by the Building Official. Seahorse Beach Bungalows BOCC Item VII-C May 5, 2009 Page 2 However, the Court's interpretation of the County's action and reading of Section 11.07.05(E)(2)(b)(1) necessitated that the approval should have been processed as a "major adjustment" to a conditional use and approved by the Board of County Commissioners after a public hearing. The Court ruled that the reconstruction of the building had altered the bulk of the building in excess of 25%, thus constituting a major adjustment and BOCC approval. However, the Court based the opinion that the bulk increase of greater than 25% on its finding that "...the building was damaged and/or altered far in excess of twenty-five percent." The definition of "Bulk" in Chapter 2, Definitions is as follows: Bulk. The size of buildings or structures, and their relationship to each other and to open areas. The term is intended to include. 1. the size of buildings and other structures; 2. the area of the site upon which a building or structure is located, and the number of dwelling units or rooms within such buildings in relation to the area of the site; 3. the location of exterior walls of buildings of other structures; and 4. open areas relating to buildings or other structures and their relationship thereto. In staff s opinion, it is unclear that the reconstruction increased or altered the bulk of the building by any of the above definitional standards beyond twenty-five percent. The reconstruction did not include an increase in the number of rooms or dwellings and did not move the location of exterior walls. It is not clear that installing the pitched roof increased the building bulk by greater than 25% percent. In its finding, the Court may have misinterpreted the code section requiring the major adjustment by assuming that any action affecting more than 25% percent of the building would require a major adjustment. In the Planning profession, the term "bulk" is typically used as a description of building volume or dwelling units, much as it is in the St_ Lucie LDC. However, assuming the Court was correct in its assertion that the building was "altered" in excess of 25% and/or the addition of the pitched roof constituted a bulk increase beyond 25%, the BOCC would be required to approve a major adjustment to an existing conditional use. In accordance with the Court's ruling, staff is processing this major adjustment as a "cure" to the flaw the Court interpreted in the County's approval process. As set forth in Section 11.07.05(E)(2)(b)(2), the Board is required to grant approval for a major adjustment to an existing conditional use "....upon finding that any proposed change in the conditional use as approved or existing will be in substantial conformity with the original approval or existing conditional use." Seahorse Beach Bungalows BOCC Item VII-C May 5, 2009 ` Page 3 Recommendation As the renovations did not increase the number of units in existence prior to the issuance of the building permits and the use of the property did not change as a result of the project, staff recommends that the Board approve Resolution 09-134 and find the renovations to be in substantial conformity with the existing conditional use and approve the major adjustment to the existing conditional use for Seahorse Beach Bungalows. BOARD OF COUNTY COMMISSIONERS BOCC Hearing Date: May 5, 2009 GM File Number C U Mj-420093972 Applicant St Lucie County on behalf of Property Owner: Timothy and Leslie Wolff, 3111 Cardinal Drive, Vero Beach, Florida Property Location 2502 Tamarind Avenue North Hutchinson Island Ft Pierce, Florida 34949 Land Use & Zoninp RU, Residential Urban RS-4, Single Family Residential Staff Recommendation Approval of Resolution 09-134 Previous Action None by the BOCC Project Staff Mark Satterlee, AICP Growth Management Director 772-462-2822 satterleem@stiucieco.org ST. LUCIE COUNTY`' F L O-R1 .n A' Seahorse Beach Bungalows 0 AGENDA ITEM No. Major Adjustment to a VII—B Conditional Use PUBLIC HEARING Location SeNax 6e«h N 9unpMays. LLC CUMNNIO.— N 8 3 a 3 St. Lucie BNd wq«t paoerry Fort Y Ju W Av — _ _ N NoM1n ierc ��waY Met � C? f/) Z Avenue D_ _ i 0—ge Ave Project Description The Seahorse Beach Bungalows is a 13-unit apartment conditional use on North Hutchinson Island. • Structures pre -date LDC • The use exceeds allowed den- sity. • Consists of 2 buildings on 0.43 acres. • Current density permits 2 resi- dential units. Background The buildings were being recon- structed in 2004 and were subse- quently damaged in the hurricanes that year. • Issuance of building permits for reconstruction appealed to BOA. • BOA upheld building permit issu- ance. Background, con't • BOA decision appealed to 19th Cir- cuit Court. • Court upheld the issuance of build- ing permits —but found the BOCC should have approved reconstruc- tion as a Major Adjustment to an existing conditional use. Recommended Board Action Staff recommends the BOCC approve Resolution 09-134 finding the renova- tions to the Seahorse Bungalows in sub- stantial conformity with the existing con- ditional use. Notice Requirements Public hearing notice sent to property owners within 500 feet of the subject property. See map above. Further details are found in the at- tached staff report e RESOLUTION NO. 09-134 A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO THE EXISTING CONDITIONAL USE FOR SEAHORSE BEACH BUNGALOWS, L.L.C. , PURSUANT TO SECTION 11.07.05. E. b.1, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, based on the testimony and evidence, including but not limited to the staff report, has made the following determination: 1. On February 28, 2007, the St. Lucie County Board of Adjustment adopted Resolution No. 06-031 upholding the decision of the St. Lucie County Building Official to issue a building permit to Seahorse Beach Bungalows, L.L.C., a Florida Limited Liability Corporation, for the renovation for a thirteen unit motel located on its property at 2502 Tamarind Drive, Fort Pierce, Florida (the "Project"). 2. On May 4, 2007, Jeff Mitchell, et al, owners of property in the vicinity of the subject property filed a Petition for Writ of Certiorari to the Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County seeking to overturn the decision of the Board of Adjustment. 3. On December 22, 2008, the Court issued an Order upholding in part the decision of the Board of Adjustment but finding that the improvements under the subject building permit constituted a major adjustment to an existing conditional use that required approval by the Board of County Commissioners pursuant to Section 11.07.05(E)(2)(a)(1). Accordingly, the Court remanded the matter back to the Board of County Commissioners for proceedings consistent with the Court's ruling. 4. On May 5, 2009, the Board held a public hearing on the matter, after publishing notice of the public hearing at least ten (10) days prior to the hearing in the St. Lucie News Tribune, a newspaper of general circulation in St. Lucie County, and notifying by mail all owners of property within 500 feet of the subject property. 1 5. Section 11.07.05(E)(2)(a)(1), of the St. Lucie County Land Development Code provides that the Board of County Commissioners shall grant approval for a major adjustment to an existing conditional use after a public hearing upon a finding that the change will be insubstantial conformity with the existing conditional use. 6. The building permit issued for the property allowed for the renovation of the thirteen (13) units in the existing hotel. 7. The existing use of the property as a hotel remained the same under the building permit. 8. After the proposed renovation, the use of the property is and will remain in substantial conformity with the previous use of the property as a thirteen (13)- unit hotel. Therefore, the project satisfies the requirements of Section 11.07.05(E)(2)(a)(1), of the St. Lucie County Land Development Code for major adjustment to an existing conditional use. 9. In accordance with the building permit issued for the Project, the bulk of the buildings located on the subject property was altered less than twenty-five percent (25%) based upon the definition of "bulk" as set forth in Section 2.00.00 of the Land Development Code. Therefore, while the project has satisfied the requirements for approval as a major adjustment to an existing conditional use, the Board finds also that the project is in fact a minor adjustment to an existing conditional use as defined in the Land Development Code. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.07.05()(2)(b)(1) of the St. Lucie County Land Development Code, a Major Adjustment to an Existing Conditional Use Permit for Seahorse Beach Bungalow to allow for the renovation of an existing thirteen (13) unit motel in HIRD (Hutchinson Island Residential District) Zoning District is granted for the property described as follows: 2 Legal Description: Lot 5, Block 8, Fort Pierce Shores, Unit three, according to the Plat thereof, recorded in Plat Book 9, page 19, Public Records of St. Lucie County, Florida. B. As the improvements authorized under the subject building permit have been completed and a Certificate of Completeness has been issued, this Major Adjustment to an Existing Conditional Use Permit approval shall remain in full force and effect unless otherwise amended or revoked pursuant to the St. Lucie County Land Development Code. C. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chair Paula A. Lewis XX Vice Chair Charles Grande XX Commissioner Doug Coward XX Commissioner Chris Craft XX Commissioner Chris Dzadovsky XX PASSED AND DULY ADOPTED this XX day of May, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: 3 CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 5:\otty\resoltn\2009\09-134.doc of this Code, the St. Lucie County Comprehensive Plan, and any other applicable County Ordinance. The Planning and Zoning Commission may recommend certain conditions be met before approval of the application. 3. Recommendation Within a reasonable time of the conclusion of the public hearing, not to exceed thirty (30) days, the Planning and Zoning Commission shall make a recommendation to approve, approve with conditions, or deny the application. D. HEARING AND ACTION BY BOARD OF COUNTY COMMISSIONERS 1. Hearing Upon notification of the recommendation of the Planning and Zoning Commission, the Board of County Commissioners shall place the conditional use application on the next regularly scheduled agenda for a public hearing in accordance with the requirements of Section 11.00.03. The public hearing on the application shall be held in accordance with Section 11.00.04. 2. Review In reviewing the application, the Board of County Commissioners shall consider the report of the Community Development Director and the recommendation of the Planning and Zoning Commission; shall determine whether the proposed use meets the standards in Sections 11.07.03,11.07.04, and 3.01.00 for conditional uses; and shall determine whether the proposed use meets all other provisions of this Code, the St. Lucie County Comprehensive Plan, and any other applicable County Ordinance. The Board may require certain conditions be met before approval of the application. 3. Action Within a reasonable time of the conclusion of the public hearing, not to exceed thirty (30) days, the Board of County Commissioners shall approve, approve with conditions, or deny the application for conditional use permit in accordance with Section 11.00.04(E). The decision on the application shall be by resolution setting forth the findings of the Board of County Commissioners and any condition, limitation, or requirement of such decision. 4. Notice of Action Notification of the Board of County Commissioners' decision shall be mailed to all parties, and the decision shall be filed with the Office of the Community Development Director in accordance with Section 11.00.04(F). E. DEVELOPMENT AND ADJUSTMENT OF AN APPROVED OR EXISTING CONDITIONAL USE 1. Effect of Issuance of Conditional Use Permit The issuance of a conditional use permit shall only constitute approval of the proposed use, and developriient of the use shall not be carried out.until the applicant has secured all St Lucie county Land Development Code Adopted August 1, 1990 11 - 113 Revised Through 05/15/04 other permits and approvals required. - 2. Adjustments to an Approved or Existing Conditional Use Adjustments to a conditional use may be permitted as follows: a. Minor Adjustments - The Community Development Director shall authorize minor adjustments to a conditional, use. Such minor adjustments, shall be consistent with the intent and purpose of the St. Lucie County Comprehensive Plan, this Code, the conditional use as approved or existing, and shall be the minimum necessary. Such minor adjustments shall be limited to the following: 1. altering the bulk of any one (1) structure by not more than twenty-f ive (25) percent; or, 2 altering the location of any one (1) structure or group of structures by not more than ten (10) feet; or, 3. altering the location of any circulation element by not more than ten (10) feet; or, 4. altering the location of any open space by not more than ten (10) feet; or, 5. reducing the total amount of open space by not more than five (5) percent or reducing the yard area or open space associated with any single structure by not more than five (5) percent; or, 6. altering the location, type, or quality of landscaping elements; or, 7. change in project name or ownership of the property. Notice of the authorization of such minor adjustments shall be provided to the Board of County Commissioners. b. Major Adjustments in Substantial Conformity 1. Any other adjustment to a conditional use shall be a major adjustment and shall be granted only upon application to and approval by the Board of County Commissioners, which shall grant approval for such other adjustment after a public hearing upon finding that any proposed change in the conditional use as approved or existing will be in substantial conformity with the original approval or the existing conditional use. The Board of County Commissioners shall place the application for major adjustment on the agenda of a regularly scheduled meeting for a public hearing in accordance with the requirements of Section 11.00.03. The public hearing on the application shall be held in accordance with Section 11.00.04. 2. If . the Board of County .Commissioners determines that the major . adjustment is not in substantial conformity with the original approval or the St. Lucie County Land Developn*M Code Adopted August 1. 1990, 11 - 114 Revised Through 05115/04 existing conditional use, then it shall deny the application for adjustment. Such denial shall not preclude development of an approved conditional use. 3. Inspections During Development of an Approved Conditional Use a. Inspections by Community Development Director Following approval of a conditional use, the Community Development Director shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved conditional use and with the approved development schedule, if applicable. b. Action by Community Development Director If the Community Development Director finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the approved conditional use, he shall notify the Board of County Commissioners of such fact and may, if he finds it necessary for the protection of the public health, safety, or welfare, take such necessary action to stop such non-compliance. C. Action by Board of County Commissioners Within thirty (30) days following notification by the Community Development Director, the Board of County Commissioners shall determine whether development :of the conditional use is proceeding in accordance with the approved conditional use. If the Board of County Commissioners finds the development is not proceeding in accordance with the approved conditional use, it shall either revoke the permit or take the necessary action to compel compliance with the approved conditional use. 4. Inspections After Development a. Inspection by Community Development Director Following completion of the development.of a conditional use, the Community Development Director shall review the development as completed and determine if it complies with the approved conditional use. b. Action by Community Development Director If the Community Development Director finds that the development as completed fails in any respect to comply with the use as approved, he shall immediately notify the Board of County sL Lucie County Land Development code Adopted August 1, 1990 11 - 115 Revised Through 05115/04 WI n C5 CID m 0 0 CL 0) co Olt Fill . . . . . . . ..... IV41 i it, 1,r. I .1wl I.-V 1 44 IT rK. -All ji' 511 40� -pn-rw-,-Tm fi ------------ --------------------------- ---------------- — ---------------- --------------- A., I- O C O o) .- , 5� �v �- w 0, .O O lO ti 0 r C r .N C .O O � U 3 N C O:3 0) i C O. 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U 0 r-=a Q O U C: N � O U) Lo O Property Appraiser - St.Lucie County, FL Page 1 of 1 Seahorse Beach Bungalows Record: 1 of 1 Property Identification Site Address: 2502 TAMARIND DR Sec/Town/Range: 25 :34S :40E Map ID: 14/25S Zoning: HIRD Ownership and Mailing Owner: Seahorse Beach Bungalows Address: PO Box 643992 Vero Beach FL 32964 Sales Information Date Price Code Deed 7/25/2003 374000 00 WD 11/7/1994 290000 01 WD 12/1/1986 225000 00 CV 6/1/1981 149200 01 CV 6/1/1980 23775 01 CV 9/1/1978 110000 00 CV PROPERTY RECORD CARD «Prey Next» Spec.Assmnt Taxes Exemptions Permits Home Print ParcellD: Account #: 1425-603-0006-000-1 8762 �\'�CIECO Gy a,� Land Use: City/Cnry < 1OU ST. ST. LUCIEIE : COUNTY Legal Description FORT PIERCE SHORES -UNIT 3- BLK 8LOT 5 (OR 1765-388: 3045- 578) Assessment 2008 Final Total Land and Building Book/Page 2008 Final: 186300 Land Value: 155600 Acres: 0.43 1765 / 0388 Assessed: 186300 Building Value: 30700 0928 / 1345 Ag.Credit: 0 Finished Area: 1296 SgFt 0526 / 1348 Exempt: 0 0357 / 2093 Taxable: 186300 0334 / 0853 Taxes: 3549.23 0295 / 1535 BUILDING INFORMATION Exterior Features View: RoofCover: TG - Tar & Gravel RoofStruct: FS - Flat/Shed ExtType: MFH - M.F. LOW RIS YearBlt: 1925 Frame: Grade: D - D EffYrBlt: 1970 PrimeWall: BP - Conc Block StoryHght: 0020 - 2 Story No.Units: 4 SecWall: VS - Vinyl Siding Interior Features BedRooms: 4 Electric: MX - MAXIMUM PrmintWall: PN - PN FullBath: 2 HeatType: AvgHVFI: STD 1 /26ath: 0 HeatFuei: - Prm.Flors: CA - A TL/CON %A/C: 0 %Heated: 0 %Sprinkled: 0 Special Features and Yard Items Land Information Type Y/S Qty. Units Qual. Cond, YrBlt. No. Land Use Type Measure Depth 1 0800-M-F < 10U 228 -Front Ft 96 195 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. http://www.paslc.org/prc.asp?prclid=142560300060001 4/24/2009 IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA. APPELLATE DIVISION Circuit Case No. 07-CA-1492 JEFF MITCHELL, JOHN W. McCULLEY, JOEL D. DeFABIO, and TOM LaFLAMME, Petitioners, Not final until time expires for filing motion V. for rehearing, and if filed, disposed of. ST. LUCIE COUNTY, a political subdivision of the State of Florida, and THE SEAHORSE BEACH BUNGALOWS, LLC, a Florida limited liability company, Respondents. Decision filed December 22, 200& Petition for writ of certiorari to the Board of Adjustment of St. Lucie County. Howard K. Helms, Littleman, Sherlock & Helms, P.A., Stuart, for petitioners. Heather Young, Assistant County Attorney, Fort Pierce, for respondent St. Lucie County. Robert J. Gorman, Fort Pierce, for respondent The Seahorse Beach Bungalows, LLC. PER CURIAM. Petitioners seek certiorari review of Board of Adjustment Resolution No. 06-031, denying review of a revised building permit granted to Respondent The Seahorse Beach Bungalows, LLC (hereafter "Seahorse") by the county's Building Official. The revised building permit granted Seahorse the authority to strip a hotel/apartment building on North Hutchinson Island down to the concrete walls and foundation and rebuild it up to the current standards in the Florida Building Code. Petitioners appealed the Building Official's decision to the Board of Adjustment on the basis that the revised permit allowed a total reconstruction of a 1 r nonconforming structure and use, contrary to Chapter X of the St. Lucie County Land Development Code (hereafter "LDC") and on the basis that a site plan was not approved contrary to Chapter XI of the LDC. The Board of Adjustment denied the appeal, making the following findings: a) The current use of this property is a proper and conforming use under HIRD zoning as set forth in Section 3.01.02 of the Land Development Code, b) The decision of the Building Official is consistent with the provisions of Sections 6.05.00 [regarding flood control] and 13.00.00 [regarding conformance to the Florida Building Code] of the Land Development Code, c) The Building Official conditioned such grant of the permit upon the Applicant's assurances that it would comply with the requirements of the current Building Code, d) The decision of the Building Official, to issue this permit, for the structure located at 2502 Tamarind Drive, Fort Pierce Shores, Unit Three Subdivision, was a proper exercise of the Building Official's authority. We find that the first three findings are supported by competent, substantial evidence. Seahorse's property is grandfathered into HIRD as a legally conforming use pursuant to § 3.01.03(AA)(7)(B) of the LDC. Based on the application of § 11.07.05(G) of the LDC, a legally conforming use under § 3.01.03 is considered a conforming use and a conditional use under the LDC. Therefore, the regulations limiting modifications to nonconforming uses in Chapter X of the LDC do not apply to Seahorse's property. While § 11.07.05(G) operates to deem certain nonconforming uses to be conforming and conditional uses, it also contains a provision limiting the modification of pre-existing structures: A use existing prior to its present classification ... may alter a structure only if the change or alteration conforms with the requirements of Sections 11.07.05(E) and 3.01.03. Such change or alteration may be accomplished only pursuant to the standards and procedures established for the adjustment of a conditional use as set forth in Section 11.07.05(E). Section 11.07.05(E) grants the Community Development Director authority to authorize minor adjustments to a conditional use consistent with the LDC. § 11.07.05(E)(2)(a). What constitutes a minor adjustment is limited by the ordinance, and includes "altering the bulk of any one (1) structure by not more than twenty-five (25) percent_' § 11.07.05(E)(2)(a)(1). Testimony at the Board of Adjustment hearing revealed the building was damaged and/or altered far in excess of 2 G twenty-five percent. Under § _11.07.05(E)(2)(b)(1), an adjustment that is not a minor adjustment is a major adjustment requiring approval from the Board of County Commissioners after a public hearing. Since Seahorse claims the benefit of § 11.07.05(G) to render its structure a legally conforming use, we hold they should also be subject to the restrictions on structural alterations under that subsection. Therefore, we find the Board of Adjustment departed from the essential requirements of law when it held the Building Official had the authority to issue the revised permit. Under the LDC, only the Board of County Commissioners has the authority to authorize what is essentially a rebuilding of a pre-existing conditional use, and only after a public hearing where it is determined that the adjustment is in substantial conformity with the pre-existing use. The petition for writ of certiorari is granted in part. The finding of the Board of Adjustment that the Building Official's issuance of the revised permit was a proper exercise of his authority is quashed, and this case is remanded to the Board of County Commissioners for further proceedings. The petition for writ of certiorari is denied on all other claims raised. KANAREK, PEGG, JJ., and MORGAN, Acting Circuit Judge, concur. Copies of above decision were furnished to the attomeys/parties of record on the same date the decision was filed. 3 ic ;YUu _rLl ]a: i9 rr1 95 C"2O OLDtt?:i.!_ b." 1 R 1"T _ .2, IJ / BOA.RD vF u.DJUST1,,4EILfT RE V`EVV: , i,/' 13:1201-"- File lumber BA-&6-.i3-i GROWTH MANAGEMENT DEPARTMENT TO: Board of Ad-justment FROM. Dennis Grim, CBC, Code Compliance Manage, DATE: December 5, 2006 SUBJECT: Petition of Jeff Mitchell, John W. McCulley, Joel GeFabic anz Tom LaFlamme to appeal the decision by an administrative off€ciGl with respect from the Provisions of Section i 1 . i 1.0 ; .B(3}, of the St. Lucie County Land Development Code to permit the reconstruction of a non -conforming use from the Provisions of Sectic' 10.00.03.E(2) which allows within a declaree disasier area the replacement or reconstruction of nonconforrr.ing structures c+ or ir the location of the original foundation, except that he replacement construction must comply t�,lith the. app:'Ica'DIC provisions of Section 6.05.00, Flood Damage Prever:ti0r,, and Section 13.00.00, Building Code or the St.. Lucie Count, Lane Development Code: provided_ this rnod ficaiicn io c>ount. regulations to allow 'tie replacement or reconstruction nonconformino, structures shall not effect the a oiicafion and, enforcement of state or federal laws and agency regulations regarding replacement or reconstruiction of noricolnf-orm,in,^; structures. LOCATION: Northeast corner of the intersection of Tamarind Dri,-c and Moorings Lane in the Fort Picrrce S`-eores Subdivis on ZONING DISTRICT: HIRD (Hutchinson island Residential Distric') FUTURE LAND USE: RU (Residential, Urban) PARCEL SIZE:. 0.43 acre-) PROPOSED USE: (7, 3 �101`i Family dweliing units n✓ EXHIBIT 3 JE t ` L E 1 2 00 Sz L .. ,_ e C'.olufnt'-, 56 1 4C2 - _ 5G I i Decembet-. 2006- EoZrc of Appca s: SeO7_�rse P2ge 2 Fi;e No.: i A,-QG-c 't SURROUNDING ZONING: r5-4 (Residentiai, Single -Family - 4 duracre'', tt: tre north, south, and east, HiRD (Hutchinson Island Residential District) to the kves-t. TRANSPORTATION ION iMPACTS MIGHT -OF -WAY ADEQUACY-, The existing right-cf-way vJdfh for Yamarinc Dri;,e s. 60 feet. The existing right-Of-VJav widih for l goonings Lane is 70 feet. SCHEDULED IMPROVEMENTS: None. REVIEW Or! Wednesday, December 13, 2006, you will be ash:(t to re,.Jev4, the co"rectrre`✓ of the determination of the St. Lucie County Building Official to issue a roofing permit for a non -conforming use.. iNTRODUGTION Several neighboring residents to the subject property, which is located at 2502 Tamarind Drive, Fort Pierce Shores, Unit Three Subdivision TSeahorse Beach Bungalows), are appealing the decision of the St. Lucie County Building Official [Dennis - Grim;. The Official determined it was correct and proper to issue permits to the applicant, Seahorse Beach Bungalows, for remodeling of that structure, both prior to the 2004 and 2005 hurricanes and then subsequent thereto; for damages caused by such hurricanes, Specifically, a permit was issued, by Dennis Grim, on March 4, 2004 for certain remodeling. Hurricane Frances, the first of three such weather conditions to cause widespread damage to St. Lucie County and much of the surrounding areas in Florida beginning during the above period, reached the County on September 4"''. A State of Emergency had been declared by Gov. Bush on August 10"' and apparently is yeL to be lifted. One of the considerations for the Building Official's decision to issue permits after the one issued in March, 2004, was the applicants commitment to bring the Seahorse Bungalows up to the current 2003 Florida Building Code. It was also determined by Dennis Grim that the structure's status, as a Non-Conforminc structure would not b.e lost since the project vras commenced prior to the hurricanes ant under a declared emergency state. iz JY zi;U6 I'lL 15, 2 1 rk'v -2 5o 0720 CCil,)WEL), 13_.;{G!; lii December 5, 2006 Soarer ppeF;s: S^arorse .3un- Page : Filc- N : i. The Buildino Officisi has verified that all of the p':ans pr••ovided Bungalovt.s have been reviewed and approver by an engineer and bring C ie- z:ictii `g structure into compliance with the appropriate Florida Building Code. There is curreroly an active permit for the rebuilding of this structure A.NALYSiS The St. Lucie County Land Development Code provides for certain Hardship Relief [Chapter Xl- At Section 10.00.01, which deals with Nonconformities, the defined purpose is to "...regulate and limit the continued existence of uses .... an, structures established prior to the effective date of this Code that do not conform to the provisions of th[e] Code. °Nonconformities may continue, but the provisions of this Section ace intended to curtail substantial investment in nonconformities and to bring about their eventual elimination, when appropriate, in order to preserve the integrityof the zoning district", Section 10.00.03 of the Code, at Part E 'Termination upon Damage cr Destruction states that: Any part of a nonconforming structure that is damaged or desLnoyeo to the extent of fifty (50%) per cent or more of the assessed value of said structure shall not be restored unless that part conforms to the provisions of thr Code. (subdivision 1 i However, the second subdivision at E directs that: "If [the CounIVI is declared a disaster area by the Governor...cr the President of the United States. as a result of a hurricane....... then the provisions of Section 10.00.03 shall hereby be modified to allow within the declared disaster area the replacernent cr re onstruction of structures on cc in the location of the oriainal, foundation", The exception to this ability to replacement or reconstruction is tha' such construction must comply with the applicable provisions of Section 6.05.00 and 13.00.00 and provided that this modification to County regulations ...shall nc.-;t effect the application and enforcement of state or federal laws and agency regulations regarding replacement or reconstruction of nonconforming structures Rased upon the above., it t,vas a proper exercise of the Building Off cia''S authority to issue the applicant, Seahorse Beach Bungalows, the permits provided. Pease contact this office if you have anv questions on this 'natter, Attachments I; cc: Kathe-ine IMa-Kenzie -Smith. Ass-. Couni , Attorney File MOTION TO APPRCV,=: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING T PUBLIC HEARING, INCLUDING STAFF COMMENTS. AND THE STAINDARDS OF RE iEliv AS SET FORTH IN SECTION 10,01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE. I HEREBY 1vlOVE THAT THE BOARD OF ADJUSTIV±EN T APPROVE THE PETITION OF JEFF MITCHELL, JOH:N W. MCCULLEY, JOEL DEFABIO AND TOM LAFLAMME TO APPEAL THE DECISION BY AN ADMINISTRATIVE OFFICIAL WITH RESPECT FROM THE PROVISIONS OF SECTION 11.11.01.B(3), OF THE ST. LUCIE COUNTY LAND DE`titELOPMENT CODE TO PERMIT THE RECONSTRUCTION OF A NONCONFORIt4ING STRUCTURE FROM THE PROVISIONS OF SECTION 10.00.03.E(2) 1NHICH ALLOWS F IIN A DECLARED DISASTER AREA THE REPLACEMENT OR RECONSTPUCTION OF NONCONFORMING STRUCTURES ON OR IN THE LOCATION OF THE ORIGINAL FOUNDATION, EXCEPT THAT THE ANY REPLACEMENT CONSTRUCTION MiUST COMPLY WITH THE APPLICABLE PROVISIONS OF SECTION 6.05.00, FLOOD DAMAGE PREVENTION, AND SECTION 13.00.00, BUILDING CODE OF THE ST LUCIE COUNTY LAND DEVELOPMENT CODE.. PROVIDED, THIS MODIFICATION TO COUNTY REGULATIONS TO ALLOW THE REPLACEMENT OR RECONSTRUCTION OF NONCONFORMING STRUCTURES SHALL NOT EFFECT THE APPLIGA i ION AND ENFORCEMENT OF STATE OR FEDERAL LAWS AND AGENCY REGULATIONS REGARDING REPLACEMENT OR RECONSTRUCTION OF NONCONFORMING STRUCTURES., BECAUSc_... (CITE REASON WHY - PLEASE BE SPECIFIC) D-1 1 2 - 2 Lucie 100TION TO DENY-. AFTER CONSIDERING THE TESTIMONY PRESENTED .17)URING THE (HEARING, INCLUDING STAFF COt0MEN.7S, AND THE STANDARDS CF AS SET FORTH IN SECTION 10.01.00 OF THE ST. LUCIE C-CLINIT" LAN-D DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTNAEf•'!Tl DENY THE PETITION OF JEFF MITCHELL, jOHN \�,/. MCCULLEY, JOEL DEFABfo. AND TOM LAFLAMME TO APPEAL THE DECISION BY AN ADIAINiSTRATI'v'E OFFICIAL WITH RESPECT FROM THE PROVISIONS OF SECTION"' 111.1 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO FERN f THE RECONSTRUCTION OF A NONCONFORMING STRUCTURE FROMi THE PROVISIONS OF SECTION 10.00.03.E(2) V\IHICH ALLOWS WITHIN A DECLARED DISASTER AREA THE REPLACEMENT OR RECONSTRUC7-jOl-� I . 1 OF NONCONFORKIIING STRUCTURES ON OR INI THE LOCATiON OF THE ORIGINAL FOUNDATION, EXCEPT THAT THE ANY REPLACEMENT CONSTRUCTION COMPLY WITH THE APPLICABLE PROVISIONS OF SECTION 6,05-1-.,00. M-005 DAMIAGE PREVENTION, AND SECTION 13.00.00, BUILDING CODE OF THE C-7 LUCIE COUNTY LAND DEVELOPMENT CODE, PROVIDED, THIS TO COUNTY REGULATIOI",IS TO ALLOW THE REPLACE-MEN"T GI" RECONSTRUCTION OF NONCONFORMING STRUCTURES SHALL NOT EFFECT THE APPLICATION AND ENFORCEMENT OF STATE OF FEDERAL AGENCY REGULATIONS REGARDING REPLACEMENT OR RECONsTRjr,-jCi,,l OF NONCONFORI'AING STRUCTURES, BECAUSE'... (CITE REASON 'WHY - PLE,,-,.SE BE SPECIFIC). a ?i } ti F h. G i � f l - `' _ ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. A public hearing for Board action to consider earlier action by the Building Purpose:: Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At: Currently Zoned 2502 Tamarind Drive H/RD Received By, Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Michelle Hylton OR 24 2009 2300 Virginia Avenue, Ft. Pierce, FL 34982\ Fax # 772-462-1581 Growth Managemen ` Please check only one of the three following statements and return by May 1, 2009. I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print) Address: Ml?/2 / Date: /, % �� Signed: Please note that any form returned without a name and ad ess will not be considered. All returned forms are a matter of public record and available for viewing upon request. d� 7'6e !� '���� � i 7" Seahorse Beach Bungalows CUMJ 420093972 Form No. 07-26 %27/2009 2:49 PM FROM: Fax TO: 1 772 462 1581 PAGE: 001 OF 001 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. Purpose:: A public hearing for Board action to consider earlier action by the Building Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At: 2502 Tamarind Drive Currently Zoned., HIRD Piease Return To: St. Lucie County: Department of Growth Management Planning Division — ATTN: Michelle Hylton 2300 Virginia Avenue, Ft. Pierce, FL 34982'� Fax # 772-462-1581 Please check only one of the three following statements and return by May 1, 2009. 1 AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name tin iPlease Print): Li �' f " � I o� d 1 % c (_16 S Address: ir, 'i-) t` Date: Signed: C` Please note that any form returned without a name and forms are a matter of public record and availabie for vie% Comments will not be considered. All returned t request. Seahorse Beach Bungalows CUMJ 420093972 Form No: 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. A public hearing for Board action to consider earlier action by the Building Purpose:: Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At: Currently Zoned 2502 Tamarind Drive HIRD Please Return To. St. Lucie County, Department of Growth Management Planning Division - ATTN: Michelle Hylton 2300 Virginia Avenue, Ft. Pierce, FL 34982\ Fax # 772-462-1581 Received By APR 2 4 2009 Growth Management Please check only one of the three following statements and return by May 1, 2009. I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: Date: ) Signed Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: I i WAY, MA Seahorse Beach Bungalows CUMJ 420093972 i Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. A public hearing for Board action to consider earlier action by the Building Purpose:: Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At: Currently Zoned 2502 Tamarind Drive HIRD Received By APR 2 4 2009 Please Return To: St. Lucie County, Department of Growth Management Planning Division - ATTN: Michelle Hylton Growth Mona ernent 2300 Virginia Avenue, Ft. Pierce, FL 34982\ g Fax # 772-462-1581 Please check only one of the three following statements and return by May 1, 2009. I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name w�_ (Please Print): ��`�rY,+(; �9t) wort J,"T jYj4,g,- /� Address: y3 C: i�19 e� r' � Z_ Al: % J- )191fa1 e LA 3 V,9,1 j Date: O ' Signed: j Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Seahorse Beach Bungalows CUMJ 420093972 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07,01(C) of the St. Lucie County Land Development Code provides that where a written Protest against an application for a Conditional Use Permit is Signed by the owners of fifty (50) percent or mwe of the area within five hundred (500) feet of the property affected by the proposed action. any such Conditional Use Permit Shalt not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. Purpose:: A public hearing for Board action to consider earlier action by the Building Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07,05(E)(2)(bxl) of the St Lucie County Land Development Code Regarding Property Located AL Currently Zoned 2502 Tamarind Drive H1R0 Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN- MicFLelle Nvlton 2300 Virginia Avenue. Ft. Pierce, FL 34982% Fax d 772-462-1581 Please check only one of the three following statements and return by Ma_y 1,L.20og, I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE 1 HAVE NO OP1Nf0N TO THE PROPOSED CONDITIONAL USE f-certify that, as of the date shown below, I am a property owner within 500 feet of the proposed ConditIonal Use. Name -�;, (Please Peru>: / H�%i�'11' Sep Address. k0 S .S Date: Z . Q Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments- ?i!S /S �.y���� r, [pr �CXOsS T J T .- vvo- Seahorse Beach Bungalows CUMJ 420093972 Form No. 07-26 Apr 23 2009 9:29AM #0 LASERJET FAX 3054440913 p.1 ST. LUCIE COUNTY CONDMONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within fire hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Comrtussioners. A public hearing for Board action to consider earlier action by the Building Purpose:: Official authorizkig a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.D7.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Properly Located At. 2502 Tamarind Drive CumndyZoned. THIRD Please Retum To: St. Lucie County. Department of Growth Management Planning Division - ATTN: Michelle Ethan 2300 Virginia Avenue, Ft. Pismo. FL 34OZ Fax # 772-462-1681 Please check only one of the three following statemonns and return by No 1. 2009. t AM IN FAVOR OF THE PROPOSED CONDITIONAL USE t AM NOTIN FAVOR OF THE PROPOSED CONDITIONAL USE f HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE 1 certify that, as of the date shown below, t am a property owner within 500 feet of the proposed Conditional Use. Name (Pisa*@ prntr Address: as Ir 3 Date: ...1 - - Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments; Seohorse Beach Bungalows CUMJ 420093972 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St, Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property. affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. Purpose:: A public hearing for Board action to consider earlier action by the Building Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At, 25M Tamarind Drive Currently Zoned: H/RD Please Return To: St. Lucie County, Department of Growth Management Planning Division - ATTN: Michelle Hylton 2300 Virginia Avenue, Ft. Pierce, FL 349821 Fax # 772462-1581 Please check only ong of the three following. statements and return by May 1, 2009. 1 AM IN FAVOR OF THE PROPOSED CONDITIONAL USE 1 AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE 1 HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify. that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print)_ Address: 2 5 0 fJ 6) G e %--" "Dr Date: N. Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Seahorse Beach Bungalows CUMJ 420093972 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. A public hearing for Board action to consider earlier action by the Building Purpose:: Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At: Currently Zoned 2502 Tamarind Drive H/RD Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Michelle Hylton 2300 Virginia Avenue, Ft. Pierce, FL 34982\ Fax # 772-462-1581 Received 13v Growth, Managements Please check only one of the three following statements and return by May 1, 2009. I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. 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LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of We property alfected by the proposed action, any such Conditional Use Permit shah not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. +use_: A public hearing for Board action to consider earlier action by the Building Official authorizing a major edjustrnent to the existing conditional use for the Seshorse Beach Bungalows, LLC., pursuant to Section 11 _D7.05(EX2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At. Currently Zoned. 2502 Tamarind Drive MRD Please Return To. St. Lucie County, Department of Growth Management ' Planning Division - ATTN: Michelle Hviton - 2 -. 2300 Virginia Avenue, Ft. Pierce, FL 3498Z Fax # 772-462-1581 Pteasa check only one of the flues following statemenfs and return by My 1. 2009. 1 AM UN FAVOR OF THE PROPOSED CONDITIONAL USE 1 AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below. I am a property owner within 500 feat of the proposed Condidonal Use. Name fPbose p�ntr- Address: p 3 ,y . ® C�s�.n... 1 • 1,� Date: Z Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of pubNc record and available for viewing upon request. Comments; Seahorse Beach Bungalows CUMJ 42MO3912 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. Purpose:: A public hearing for Board action to consider earlier action by the Building Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At: Currently Zoned 2502 Tamarind Drive HIRD Please Return To: St. Lucie County, Department of Growth Management Planning Division - ATTN: Michelle Hylton 2300 Virginia Avenue, Ft. Pierce, FL 34982\ Fax # 772-462-1581 Please check only one of the three following statements and return by May 1, 2009. 1 AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name ` (Please Print): Address: 1z, Date: LZ O Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Seahorse Beach Bungalows CUMJ 420093972 Received By KAY 0 4 2009 Growth Management Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. A public hearing for Board action to consider earlier action by the Building Purpose:: Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At. - Currently Zoned 2502 Tamarind Drive H/RD Received B Please Return To: St. Lucie County, Department of Growth Management Planning Division - ATTN: Michelle Hylton APR 2 4 2009 2300 Virginia Avenue, Ft. Pierce, FL 34982\ Fax # 772-462-1581 Growth Management Please check only one of the three following statements and return by May 1, 2009, I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print) �(d ✓� %a j �b / �� Address: Yot 0./2 t Date: j, % ��' Signed: P �� Please note that any form returned without a name and ad ?essill not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Seahorse Beach Bungalows CUMJ 420093972 elG Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. Purpose:: A public hearing for Board action to consider earlier action by the Building Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At: Currently Zoned 2502 Tamarind Drive H/RD Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Michelle Hylton 2300 Virginia Avenue, Ft. Pierce, FL 349821 Fax # 772-462-1581 Received By Growth Management Please check only one of the three following statements and return by May 1, 2009. I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): '� I- ! .;Yk "-) -� Address: `"� 1, }=7 V__AAj —{ Date:` ) Signed Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: �+61J Seahorse Beach Bungalows CUMJ 420093972 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. Purpose:: A public hearing for Board action to consider earlier action by the Building Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At: Currently Zoned 2502 Tamarind Drive H/RD Please Return To: St. Lucie County, Department of Growth Managemen Planning Division - ATTN: Michelle Hylton 2300 Virginia Avenue, Ft. Pierce, FL 349821 Fax # 772-462-1581 Received By APR 2 4 2000 Growth Management Please check only one of the three following statements and return by May 1, 2009. I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE i I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE Ar I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name /� f (Please Print): /1-1A) �'f o r(,o, Address: Date: 0 " ' 9 Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Seahorse Beach Bungalows CUMJ 420093972 Form No. 07-26 4J27/2009 2:49 PM FROM: Fax TO: 1 772 462 1581 PAGE: 001 OF 001 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners A public hearing for Board action to consider earlier action by the Building Purpose:: Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At: 2502 Tamarind Drive Currently Zoned.- HIRD Please Retum To: St Lucie County, Department of Growth Management Planning Division — ATTN: Michelle Hylton 2300 Virginia Avenue, Ft. Pierce; FL 349821 Fax # 772462-1581 Please check only one of the three following statements and return by May 1, 2009. I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name � � (Please Print): �. ` t r' `' . �� 1 J C C/ S Address: C -) Date: '/ Signed: C` Please note that any form returned without a name and forms are a matter of public record and available for vier Comments: will not be considered. All returned i request. Seahorse Beach Bungalows CUMJ 420093972 Form No. 07-26 Ul/Cl//LCI Cl/ Ll. L7 IIL:l7-..17I 7`. Ih1Vl clir Vl ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property. affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. A public hearing for Board action to consider earlier action by the Building Purpose:: Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Properly Located At: 2502 Tamarind Drive Currently Zoned: H/RD Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Michelle Hylton 2300 Virginia Avenue, Ft. Pierce, FL 349821 Fax # 772462-1581 Please check only ono of the three following. statements and return by May 1, 2009. 1 AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED .CONDITIONAL USE 1 HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify. that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: G e -►-. �r Date: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Seahorse Beach Bungalows CUMJ 420093972 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. A public hearing for Board action to consider earlier action by the Building Purpose:: Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At: Currently Zoned. 2502 Tamarind Drive H/RD Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Michelle Hylton 2300 Virginia Avenue, Ft. Pierce, FL 34982\ Fax # 772-462-1581 Received By AN 2 8 2009 Growth Management Please check only one of the three following statements and return by May 1, 2009. I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name 1 (Please Print) �� Address: v.? r t:.ti�� �� t a�i Q--,C c= it Date: � 2 `� t =" i Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. 2,e / Comments: ff;;��,� �✓� % ^_�— C-tf�; ✓t � (l l Ct�'�C'.�i t 1--) a ( �_� C'_' (, Seahorse Beach Bungalows CUMJ 420093972 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. A public hearing for Board action to consider earlier action by the Building Purpose:: Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At: Currently Zoned 2502 Tamarind Drive HlRD Please Return To: St. Lucie County, Department of Growth Management Planning Division - ATTN: Michelle Hylton 2300 Virginia Avenue, Ft. Pierce, FL 34982\ Fax # 772-462-1581 Received By APR 2 2009 Growth Management Please check only one of the three following statements and return by May 1, 2009. I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE -` I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print):f�-- .'J Address: c Date: Signed Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Seahorse Beach Bungalows CUMJ 420093972 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. A public hearing for Board action to consider earlier action by the Building Purpose:: Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At: 2502 Tamarind Drive Recei ed B Currently Zoned: H/RD APR 30 'uti� Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Michelle Hyltoni������� 2300 Virginia Avenue, Ft. Pierce, FL 34982\ nt Fax # 772-462-1581 Please check only one of the three following statements and return by May 1, 2009. I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE V I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): �je! ��� IVG �;4) Address: a��� AT�i9� 17i90///�/,% Date: ��- ZF- 6 % Signed: i 4k4�fzt� Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Seahorse Beach Bungalows CUMJ 420093972 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. A public hearing for Board action to consider earlier action by the Building Purpose:: Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At: Currently Zoned 2502 Tamarind Drive HIRD Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Michelle Hylton 2300 Virginia Avenue, Ft. Pierce, FL 34982\ Fax # 772-462-1581 Received By Growth Managemen Please check only one of the three following statements and return by May 1, 2009. I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Addre Date: Please forms are a matter of public record and available for viewing upon request. Comments:---S4_ �b' Seahorse Beach BungalowtQJMJ 420093972 orm No. 07-26��� 04 30 109 13: 20 I'DOP9 Vacelle & Derg 772 JG2 2070 T 004 P02104 U 262 .... �..,wvv nv �•++ wcn•vim tM W uc,y ��r .rvvw.v ,u. -I Q;Fo recta , V1 . ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the ovmers of riny (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action. any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners, Purpose;:A pubQC hearing for Board action to consider earlier action by the Building Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2xb)(1) of the St Lucie County Land Development Code Regarding Property Located Al., 2502 Tamarind Drive Currently Zoned. HlRO Please Relum To: St. Lucie County, Department of Growth Management Planning Division - ATTN: Michelle Hyj 2300 Virginia Avenue, Ft. Pierce, FL 34962t Fax # 772-462-1581 Please check only one of the three following statements and return by M§ 1. j2 o. 1 AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE 1 certify that, as of the date shown below, I am a property owner within 500 feet of the Proposed Conditional Use. Name 1Peease Print): Address: 3440 Al N1i M4, Date: a r%- OR Signed: Please note that any form returned without a name and address will not be considered, All returned forms are a matter of public record and available for viewing upon request. Corrvnents: �/1 OL041 j ! o TS 0 `t 1� 8 Z Gov h t v- of Ala oGfth �v v-t 4w#/ ,A, Sash"@ Beach Bungalows CUMJ 420093972 L d 869L-6Z1?-6V6 llet' aLS:80 60 CZ adV FROM :LITTMAN,SHERLOCK&HEIMS,PA FAX NO. :772 283 1010 Apr. 30 2009 04:25PM P1 04-30-' 09 13:19 FROM -Micelle & Berg 1-ails rIu., Vili U-LUA Apr. 30 2009 04.22PM ST. LUCI OCKBHE 1 MS, PA Q T N V�WW 010 d rrm� I .= nm=h=rnsnjn6adn asaridee that where a written 01 177246211106test 0118l 1 aRPPRJWW4r- q'F+�" -any "We of the area within five hundred (600 feet of the proWty thy/ oposed action, any such Cond"mi Use Permit shall not be approved except by the ffavorable vote of four-fftti (4/5) of all of the TO #04. THEN SELECT OFF BY IJSIN Ik p11:9w'rlserRV for Board action to Consider earner action by the Building Purpose:: �� a m r a 'ust t two the existing conditional use for the FOR FAX ADUftNTAL'E ASSISTffiICE, 6ntld4otion 11.07,0b(E)(2ftl) of the St Lucie County Land Development Code Regor ding PMMIIY Located At: Currently Zoned: .2W Terrnorind Drive HIRD Abase Reim 71r St. Lucie County, Department of Growth Maropement Planning Dlvision -- ATTN: I is gH Hylton 2300 Virginia Avenue, Ft. Pierce, FL 349821 Feat 0 772-482-1561 Phase check only one of the three following statements and return by May1. 20011. I AM IN-E&VM OF THE PROPOSED CONDITIONAL USE 1 AM 110T IN Off! OF THE PROPOSED CONDITIONAL USE 1 MVE NO OPRON TO THE PROPOSED CONDITIONAL USE t orw tint, as of the date shown below, 1 am a property owner within 500 het of the proposed Conditional Use. Name /�� l G (Please Print): t.lUew ti oh i !! � � Address: 33 33 ,.0 A S l r, 0 <+.,4 Ft 3dM a Date: �10d-w Signed: Please note that any form returned without a name and address will not be cons ldered. All retumed forms are a matter of putdic record and available for viewing upon request. Comrnente: QC�.rch r�vC. O(rw.lrr ��� i vrJ lrc S (�•��4�r, At'Ct LF s !,,{", �1G o on` f � « 4 �, .., � of ->w •!-�+: � helA�•s � . Saahorse Beach Bungalows CUMJ 420023972 Form No. 07.20 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. A public hearing for Board action to consider earlier action by the Building Purpose:: Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At. - Currently Zoned 2502 Tamarind Drive HIRD Please Return To: St. Lucie County, Department of Growth Management Planning Division - ATTN: Michelle Hylton 2300 Virginia Avenue, Ft. Pierce, FL 34982\ Fax # 772-462-1581 Please check only one of the three following statements and return by May 1, 2009. I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name - ., ' r, z (Please Print): 4r; , P i�f Address: Date: J Signed:��'� �� 4 Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Seahorse Beach Bungalows CUMJ 420093972 MAY 0 12099 Form No. 07-26 Hpr 23 09 04 04p G.Boundy 772 4644514 p.l ST. LUCIE COUNTY CONWICINAL USE RESPONSE FORM Section 11.07.01(C) of the SL Lucie County Land Development Code prOviides that where a written protest against an application for a Conditional lge Permit is signed by the owners of fitly (50) percent or hundredmore of the am within fm (500) ftel of the &%ded by the proposed adwk OW such Conditional Use Permit shag not be aWaved ex � favorable vote of four- itlhss (41 all of the Board of County Comm. issioners_ A public hearing for Board action to consider earner action by the Building Purpose. Official authording a major adyusbmerd to to existing condoong use for the Seahorse Beach Bungalows. LLC., pursuant to Section 11.07.05(E)C2Xbx1) of the St Lucie Courntyy Land Development Code Regarding P+ery Located Ai: 2502 Tamarind Drive Curnentty Zoned: hWD Please Retwn Tar St. Lucie Co", Department of Growth Management Planning Division — ATTN: fAchene HM2W 23oo Virginia Avenue. Ft. Pierce, FL 349821 Fax A 772-462-1581 Please cionly am of the aroe lroilo wmq slalarnarrls and reomm by ttttaw► t. Z009. I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE 1 certity that as of the date shown below. I an a property owner within SW feet of the proposed Ca nditiortal Use. Name (Please Print): I RZ-,1 E C Address: z t -1 d I. NP D e,v_ T-A-1 14117-r l -on/ f4AP'v Date: <j( -- 2 _ O % Signed c� C�4 Please note that any form returned without a name and address wilt notbe cons k ed. All returned forms are a rnader of pubic record and available for viewing upon request. 5eahorse Beach Bungalows CUMJ 420093972 Form No, 07-26 MAY 012009 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. A public hearing for Board action to consider earlier action by the Building Purpose:: Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At. - Currently Zoned 2502 Tamarind Drive H1RD Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Michelle Hylton 2300 Virginia Avenue, Ft. Pierce, FL 34982\ Fax # 772-462-1581 Please check only one of the three following statements and return by May 1, 2009. I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name .p G /� � CD U v,,D r (Please Print): CCA�i-j Address: J(f (J Date: �' 2�l/C� Signed: Z Please note that any form returned without a name and address will not �be cons dered. All returned forms are a matter of public record and available for viewing upon request. Comments: -)( �� J �C C F L x; 1 ,7D Lo, w k0l, b Seahorse Beach Bungalows CUMJ 420093972 MAY 2009 Form No. 07-26 ST. LU_ CIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four4nhs (4/5) of all of the Board of County Commissioners. Purpose.. Official public hearing for Board action to consider earlier action by the Building Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2Xbx1) of the St Lucie County Land Development Code Regarding Property Located At, 2502 Tamarind Drive Currently Zoned: H/RD Please Return To: St. Lucie County, Department of Growth Management Planning Division - A17K Michelle Hvlt2 2300 Virginia Avenue, Ft. Pierce, FL 349821 Fax # 772-462-1581 Please check only on8 of the three following statements and return by May 1. 2009. I AM !N FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OP N TO THE PROPOSED CONDITIONAL USE I corofy that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. "erseP". hn 11� Me-Ow1I Address: f--"L- :541 5 pate: 16 Signed: Please note that any form returned without a name and ess will not be considered. All returned forms are a matter of public record and available for viewing upon request, Corivnents, Seahorse Beach Bungalows CUMJ 420093972 Form No. 07-26 05/02/2009 04:58 9543900864 LAFLAMME CORP PAGE 01 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07,01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action. any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. Purpose:: A public hearing for Board action to consider earlier action by the Building Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07,05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At: Currently Zoned. 2502 Tamarind Drive HIRD Please Return To: St. Lucie County, Department of Growth Management P Planning Division — ATTN' Michelle HyltonL . . 2300 Virginia Avenue. Ft. Pierce, FL 34982\ Fax 0 772-462-1581 Please check only one of the three following statements and return by Ma_x1,,,_2DO9, I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE 1 HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE 1-certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use, Name (Please Print): Address: Date: Y,0 Z . Q Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: r�S �^ &&16 ,, tJJ r. 41Pj— AtGCOS� �lf�' �TJ2PQT z So ry0,00Ll is �s . 40 r- !� Seahorse Beach Bungalows CUMJ 420093972 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. A public hearing for Board action to consider earlier action by the Building Purpose:: Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At: Currently Zoned 2502 Tamarind Drive H/RD Please Return To: St. Lucie County, Department of Growth Management Planning Division - ATTN: Michelle Hylton 2300 Virginia Avenue, Ft. Pierce, FL 34982\ Fax # 772-462-1581 ReCelved By MAY 0; 2009 Growth Management Please check only one of the three following statements and return by May 1, 2009. I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name f (Please Print): (� r , �. Address:�T Date: ' (� C Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Seahorse Beach Bungalows CUMJ 420093972 Form No. 07-26 - C] (4 f3 aQ ac; y z (i N z 0! N Fry �[ ii O I L �. OLIO Cam' 1fY ki T'•Ji C! ZOU (M m 2 W %r D w fa N it Dula ;v LJ , _ 0 rs xi a - H 2 a+" Z yr ►� is U Ili is ii? r 4(1 a LLl I ! � o 3 0 'O M � 2 N �•„ aJ co ZQ00 Lw `°Nw U ZQ� w a�w pzo UO�_a pZL)W Li. (A a Q UO_�a 66 (A d Q 2 Q�ILL- w� Q�w lz— Q�a3>> 3 pOzcc mOZ� 0 0 0 0 M OF COUNTY AMISSIONERS WE., FT. PIERCE, FL 34982-5652 NTH MANAGEMENT Joseph Arruda Jr Eleanor Arruda 97 Pleasant St Sommerset, MA 02726-4119 Seahorse Beach Bungalows (File No.: CLTMJ 420093972) a di9>3.2@�B-5� R t D A ID OF COUNTY IMISSIONERS VE., FT, PIERCE, FL 34982-5652 VTH MANAGEMENT Heather Hanzi 2422 Tamarind Dr Fort Pierce, FL 34949-1508 Received By Growth Management NS:'x:IF 029 DE 1 00 04./27"/0 , RETURN 70 SENDER NOT DELZVERIABLE AS AODNeSSED UNABLE 'To F'UFa"'tJARD CC; )„il„)„)1,)J,]„l,„);1,),1,,Il,,,I,I,,Tf�)),l„i,),�)�,1,� � Tv- s - - }¢ Gm Y. 4u Received By Growth Management e UNABLE TO FORWARD/FOR REVIEW PUIMV -L-V 5mr3ainw? ;k*CU13*x Seahorse Beach Bungalows (File No.: CUMJ 420093972) � -nM Ff WrF-R OF ORIGINAL ADDRESSEE FOR REVIEW ID OF COUNTY IMISSIONERS VE., FT. PIERCE, FL 34982-5652 VTH MANAGEMENT Greenwood Development Corp % Julian J Nexsen Jr 104 Maxwell St Greenwood, SC 29646 Seahorse Beach Bungalows (File No.: CUMJ 420093972) r Received By APR 2 0 2000 Gmwth Management RC. i URN TO .StU-AlDE.r2 DEi. Z VUr'?AiiLE AS I UNABLE TO FORWARD r 05/05/2009 13:40 FAX 7725634898 STAPLES VERO BEACH Q 002 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07 01(C) of the St. Lucie County Land Deveiopmen- Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) fee! of the property affeAed by the prottosed action, any such Conditional Use Permit shail not be approved except by the favors ble vote of four fifths (4/5) of all of the Board of County Commissioners Purpose:. A public hearing for Board action to consider earlier action by the Building Official authorizing a major adjustment to the existing cooditionat use for the Seahorse Beach Bungalows; LLC., purse ant to Section 1 1.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At 2502 Tamarind Drive Currently Zoned: HlRD Pieese Return To: St Lucie County, Department of Growth f:1anagement Planning Division - ATTN: Michelle H-ylloi 2300 Virginia Avenue, FL Pierce, FL 349:321 Fax # 772-462-1581 'lease check only one of the three following statements an(J return by Ma�f_ 1,. 2009, I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE j,,f'AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE t certify that, as of the date shown below, I any a: property owner wit-iin 500 feet of the proposed Conditional Use. Name ,Please Pnot): -Caky—� — Address: 2 Z tf Date: xQ Signed: ' Please note that any form returned without a name and address will not be considered. All returned firms are a matter of public record and available for viewing upo i re` est. Comments: —�a11L- I r hl! 10r^r4.17 4?r • �/'!-i�� t- ?.:t7nn . 5nQ tin r s ,o Adp-1 A,4 % .0 ^ I. .. S it -to, Aut, Seahorse Beach Bungalows CUMJ 420093972 l/�was• 11111%.• Form No 07-26 m CD 0 Co t\l ,a. i 7 ZE U MMW 05/05/2009 16:01 9198758922 EFG PAGE 03/03 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM 8eotion T1.07.01(C) at the St. Lucie County Land Q/nntn omn► Code prnvidEs tlhet where 8 wrom protest apainst an appiit:e bW for a C&-dkV0nW use Pentdt ib signed by the owners Of fft (601 tgmlN Or mac of Me area wkhh five hundrad (500) feet of the prOpv offecled by the Proposed action. any such Carp MMU We Permit shall 1ha be appro4e0 meW by the favorable vote of fimx4rd s (415) of aN of the Soul d of County Commu44onwa- A public hearing for Board action to wrhsidef earlier action by tithe BuNdh,g Mcial s uttwb trhg a major a*rAn*nI to the exisLirhg oonditional use fa' the 5eeharae Semm Burhgarvws, LIC., pmaueM to SmOon 11.07.05(E)(2)(b)(1) of the SI Luce County Land Develop mot Code Rega►dprD PhIP&MY LoCoWdAr 2W TamwInd Dvtw Currently Zoned HM Please Rehrn io: St. Lucie County. Deps"ent of Growth Marhapement Planning OMsion - AT1N: MiftNe 4Kft 2300 Y 90" Avon". Ft. Plercq FL 359OZ Fan K 772je2-1 Sol Pkw~ c9mr* only one of the dmt followh Mottnheat6 and rMwn by Ma.V.1 l AM IN FAVOR OF THE PROPOSED CONDMONAL USE I AM &QI IN FAVOR OF 7M PROPOSED COMPMOMAL UM I 1 TO THE PROPOSED CONOMONAL USE I cefflfy On% as of the daft shown belohe. I am a properly owner vWlhin 50 #00 of the proposed Conditional Use. t Address: a so s • J«w...1�� �>s. .��.� Please thole that any Corm relurrhed without a coma and address will not be considered. AN returned Lonna art a matter of public record end available for hAe ng upon request. Comments: Saehiorse Beach Banpslows CUMJ 420 M7972 Form No. 07-29 •,.......,...•. n ♦ 7v " -- 3 • • ■ • MM IV • _ agQltlNpB �k • • .V!xo�o 4 _1 • .2 (V ; • ' o • i. Pad em o1d1299 Tamarind 2. KiraYom&25%Tass6W 3. Kids YOM& 25M Tm26nd 4. Golmo -Axuaiaal Moat 2510 Toomriad $. Getaoul-Anmieun Mold 251S N. Oeeso 6. Rob% SWA 2507 N. Ocean 7 Mark Act=250514 0ar9n S. lod Fabio 25M N. Oom 9. KaSaiae Goodwin 2S01 N. OOM 10. PatriciaBdo 11: me Tom LaFkv 12. t %board CAfluq" 2502 AtMOW B* Blvd (ASS) 13. Walter X! kff2500 AZM* 14. Raynmd Mool irm 2430 Mwrhw Ln 15. labs Maa1kk 2423 Tamarind 16 A,= (been 2t21 Tm"Wim 17. JobA mcco" 2419 TURadod A Jeff Chdmd 2417 TmasdDd 19. PWici8 llavOw 2415 Tamarind 2u. Joan AIW 2416 AM 21. nub= Moty* 24lS T1an od 22. lAmmie Podm 2420 Taa■wW 23. Judith William 2422 Tamodad 24, EsOw Porbm 2424 Tamarind 25. Mary 5WK*M 2426 Tamlemd 26. 0owip Mac�. Chricbton 2428 Tamarind 27, Ralph Thinbvwer Ml 23. VAatllacTbm2422 ABB 29. Doo dd WKWM 2420 Taii=d 30, Doadd MdGerla3c 2413 7bomind 31. I=Rio* 7A16 Tvftfind 32. Lama Bta bm 2414 2Salarind 33. Cotey C01emmfm. nucti N. Oocso 34. Jeff Gulad N. Oatoa 3S. Mabel Faw•ttt 2A17 N. ocom 3b. Join N. O"m 37. Jell Berg N, Oomn •) 3A Glad 138 arc vadvw1uped doobk lots about which the PA site is 13*ft in& m 03/10/2009 05:31 7724686905 KIRK YOUNG PAGE 02 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. Purpose:. A public hearing for Board action to consider earlier action by the Building Official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At., Currently Zoned 2502 Tamarind Drive h7RD Please Return To: St. Lucie County, Department of Growth Management Planning Division - ATTN: Midylle Hylton 2300 Virginia Avenue, Ft. Pierce, FL 349821 Fax # 772-462-1581 Please check only one of the three following statements and return by May 1, 2009. I AM IN FAVOR OF THE PROPOSED CONDMONAL USE AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION_ TO THE PROPOSED CONDITIONAL USE t� 1 certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print); (tr / O IA., r, Address, 1Q �� �`dtfi�sc etyttr (ir, r-+ a�e�Gc, rt Date: Signed: Please note that any form retumed without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Seshorse Beach Bungalows CUMJ 420093972 Form No_ 07-26 03/10/2009 05:31 7724686905 KIRK YOUNG HAUL bJ ST. LUCIE COUNTY - CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of -the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (5p0) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4l5) of all of the Board of County Commissioners. A public hearing for Board action to consider earlier action by the Building Purpose:: official authorizing a major adjustment to the existing conditional use for the Seahorse Beach Bungalows, LLC., pursuant to Section 11.07.05(E)(2)(b)(1) of the St Lucie County Land Development Code Regarding Property Located At: Currently Zoned 250 TOMMind Drive H/RD Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Michelle HyW 2300 Virginia Avenue. Ft. Pierce, FL 349821 Fax a 772-462-1581 Please check only one of the three following statements and return by May 1, 2009. I AM IN _FAW8 OF THE PROPOSED CONDITIONAL USE I AM NOT 1I FAV_Q OF THE PROPOSED CONDITIONAL USE I HAVE NO QPINIOII TO THE PROPOSED CONDITIONAL USE 1 certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (ReasePrint); Address: [o Tvij La4o► IC ty t %r 0 v . R Date: 07 Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Seahorse Beach Bungalows CUMJ 420093972 Form No. 07-26 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Growth Management Department ITEM NO. VII - C DATE: 05/05/09 REGULAR ( ) PUBLIC HEARING (x ) LEG. (x ) QUASI -JD ( ) CONSENT ( ) PRESENTED B* Mark Satteriee, AICP Director Ordinance No. 09-013 amending the St. Lucie County Land Development Code (LDC) to correct inconsistencies, minor errors and omissions in the existing version of the code. See attached memorandum. 102-1510-534000-100 — Other contractual Services March 18, 2008 — BOCC approval of proposal from Municipal Code March 24, 2009 - BOCC approved permission to advertise this item for public hearings April 16, 2009 — P8Z recommended approval with additional non -substantive changes RECOMMENDATION: Board approval of Ordinance 09-013. COMMISSION ACTION: APPROVED ( } DENIED OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) ')�qj to o x- County Surveyor ( ) Daniel S. McIntyre /H�-.�- County Engineer ( ) ERD ( ) Michael Powley OriginatingDept.(✓���.C� �— N(ark Satteriee Ron Hams Karen Smith Growth Management MEMORANDUM TO: Board of County Commissioners FROM: Mark Satterlee, Direct Growth Management Department DATE: May 5, 2009 SUBJECT: Ordinance No. 09-013 amending the St. Lucie County Land Development Code (LDC) to correct inconsistencies, minor errors and omissions in the existing version of the code. ITEM NO. VII - C Background: On March 18, 2008, the Board of County Commissioners accepted a proposal from Municipal Code Corporation for publication of the LDC. Growth Management has received a draft of the St. Lucie County LDC from Municipal Code Corporation. Staff has reviewed the draft and found it to be consistent with the existing version of the LDC and incorporates all adopted ordinances to date. In preparing the existing text and adopted ordinances for publication through Municipal Code Corporation, Growth Management and other participating departments identified numerous errors contained within the current version of the LDC. These errors include items such as incorrect department or staff titles, inconsistent formatting and incorrect section numbers. The correction of these errors is considered non -substantive. The changes necessary to correct the existing non- substantive errors will be completed through Ordinance No. 09-013. The changes are attached to Ordinance No. 09-013 as Exhibits "A' and "B". Exhibit "A" includes changes that have been included in the draft LDC while Exhibit B includes further changes need to correct errors in the current draft. Recommendation Board approval of Ordinance 09-013. t T Submitted By: Growth Management Department est item Number 111-F Meeting Date: 04/1812009 Consent [ j Regular [ X j Public Hearing [ j Leg. [ I Quasi -JD [ j 2,vw* P sented By a atterlee, AICP Growth Management Director SUBJECT: Ordinance No, 09-013 amending the St. Lucie County Land Development Code (LDC) to correct inconsistencies, minor errors and omissions in the existing version of the code. BACKGROUND: On March 18, 2008, the Board of County Commissioners accepted a proposal from Municipal Code Corporation for publication of the LDC. Since that time, Growth Management staff, in coordination with several other departments, has received and reviewed the draft Municode edition of the Land Development Code to insure consistency with the existing version of the Code. This review has identified numerous non -substantive changes needed to correct existing errors contained within the current version of the Land Development Code. These corrections are included in Ordinance No. 09-013. FUNDS AVAILABLE: Funds were previously allocated from Account no.102-1510-534000-100 PREVIOUS ACTION: March 18, 2008, the Board of County Commissioners accepted a proposal from Municipal Code Corporation for publication of the LDC. March 24, 2009, the Board of County Commissioners unanimously voted to approve permission to advertise this item for public hearing. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission forward a recommendation of approval of Ordinance 09-013 to the Board of County Commissioners. Piannina and Zonina: APPROVED DENIED 0 OTHER Fonn No. 07-28 GROWTH MANAGEMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning and Zoning Commission FROM: Mark Satterlee, AICP, Growth Management Director+"" DATE: March 31, 2009 SUBJECT: Ordinance No, 09-013 amending the St Lucie County Land Development Code (LDC) to correct inconsistencies, minor errors and omissions in the existing version of the code. Growth Management has received a draft of the St. Lucie County Land Development Code from Municipal Code Corporation. Staff has reviewed the draft and found it to be consistent with the existing version of the Code and incorporates all adopted ordinances to date. In preparing the existing text and adopted ordinances for publication through Municipal Code Corporation, Growth Management and other participating departments identified numerous errors contained within the current version of the Land Development Code. These errors include items such as incorrect department or staff titles, inconsistent formatting and incorrect section numbers. The correction of these errors is considered non -substantive. The changes necessary to correct the existing non- substantive errors will be considered through Ordinance No. 09-013. The changes are attached to Ordinance No. 09-013 as Exhibits "A" and "B Exhibit "A" includes changes that have been included in the draft Land Development Code, white Exhibit B includes further changes need to correct errors in the current draft. A review by the Local Planning Agency and two public hearings before the Board of County Commissioners are required to approve such changes before final publication. Staff recommends that the Planning and Zoning Commission forward a recommendation of approval for Ordinance No. 09-013 to the Board of County Commissioners. J' 1 ORDINANCE NO. 09-013 2 3 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND 4 DEVELOPMENT CODE BY CORRECTING MINOR 5 INCONSISTENCIES, ERRORS AND OMISSIONS; PROVIDING 6 FOR CONFLICTING PROVISIONS, SEVERABILITY, AND 7 APPLICABILITY; PROVIDING FOR FILING WITH THE 8 DEPARTMENT OF STATE; PROVIDING FOR ADOPTION, 9 CODIFICATION, AND AN EFFECTIVE DATE 10 11 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has Made the 12 following determinations: 13 14 1. On August 1,1990, the Board of County Commissioners of St. Lucie County, Florida, 15 adopted the St. Lucie County Land Development Code. 16 17 2. The Board of County Commissioners has adopted certain amendments to the St. 18 Lucie County Land Development Code, through the following Ordinances: 19 20 91-03 March 14,1991 91-09 May 14,1991 21 91-21 November 7,1991 92-17 June 2,1992 22 93-01 February 16,1993 93-03 February 16,1993 23 93-05 May 25,1993 93-06 May 25,1993 24 93-07 May 25,1993 94-07 June 22,1994 25 94-18 August 16,1994 94-21 August 16,1994 26 95-01 January 10,1995 96-10 August 6,1996 27 97-01 March 4,1997 97-09 October 7,1997 28 97-03 September 2,1997 99-01 February 2,1999 29 99-02 April 6,1999 99-03 August 17,1999 30 99-04 August 17,1999 99-05 July 20,1999 31 99-05 July 20,1999 99-015 July 02,1999 32 99-16 September 7,1999 99-018 November 2,1999 33 00-10 June 13, 2000 00-011 June 13, 2000 34 00-12 June 13, 2000 00-013 June 13, 2000 35 01-03 December 18, 2001 02-05 June 24, 2002 36 02-09 March 5, 2002 02-20 October 15, 2002 37 02-29 October 15, 2002 03-05 October 7, 2003 38 04-02 January 20, 2004 04-07 Apri 120, 2004 39 05-07 January 18, 2005 05-013 November 8, 2005 40 05-16 August 16, 2006 05-023 September 20, 2005 41 06-005 April 18, 2006 06-013 June 6, 2006 42 06-17 May 30, 2006 06-018 May 30, 2006 43 06-022 July 18, 2006 06-030 September 12, 2006 44 06-047 December 5, 2006 07-011 February 6, 2007 Underlined passages are added. Strosh *hrou9% passages are deleted. 1 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.9 20 21. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 07-015 May 1, 2007 07-032 November 6, 2007 07-055 November 20, 2007 08-025 September 16, 2009 07-017 June 5, 2007 07-054 December 11, 2007 08-012 September 9, 2008 09-003 January 20, 2009 4. The Board has determined it is necessary to further amend the overall Land Development Code to correct certain minor inconsistencies, errors and omissions arising from the numerous amendments to the Code since its initial adoption. 3. On the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. On , this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on .2009 5. On , this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on 2009. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ADOPTION OF AMENDMENTS TO ST. LUCIE COUNTY LAND DEVELOPMENT CODE The Board of County Commissioners hereby adopts the amendments to the St. Lucie County Land Development Code attached hereto and incorporated herein as Exhibits "A" and "8." PART S. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART 0. SEVERABILITY. Underlined passages are added. 2 S#rusk-Apsugb passages are deleted, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon f iling with the Department of State. (The remainder of this page has been intentionally left blank) Underlined passages are added. 3 &melt *hPaugh passages are deleted. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Ooug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts 8 through H shall not be codified. PASSED AND DULY ADOPTED this day of ATTEST: Deputy Clerk 5: \otty\ordinance\2009\09 -013. doc Underlined passages are added. 4 ON BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY. County Attorney &*melt *kpsmgh passages are deleted. k Evmulff' A ' From: Beverlee Deans To: Beverlee Deans; "Eric Grant"; Mark Satterlee; Robin Meyer; Heather Young; cc: "Becky Moore"; "Danielle Galvin": "Joy Wczynski "Ords Admin"; "MaLinda Franklin"; Subject: RE: Corrections to the Proofs for St. Lucie"s LDC Date: Monday, March 09, 2009 2:48:56 PM Additional non -substantive changes: 1) Page 7:80 Figure 7 -24 references "chapter XXXXX Florida Statutes", please change to "section 553.5041 Florida Statutes" 2) Verify consistent section numbering format (Chapter 1 1 in particular) 3) Page 11:121 (1 1.13.02.(B) - Change all references to County Health Director and County Health Officer to "County Health Department` (5 instances) 4) Insert the following language on page 4:22 between 4.04.00. and 4.04.01. " Chapter IV "Special Districts" of the Land Development Code is amended to create Sections 4.04.00 through 4.04.06 "TVC - Overlay Zone (Towns, Villages, Countryside)" as follows. Language that is not underlined is identical to Ordinance 06-017 (which will take effect on the same date when the Towns, Villages and Countryside Comprehensive Plan amendments take effect). Language that is struck through is contained in Ordinance 06-017 but is not being adopted by Ordinance 07-055. Language that is underlined is not contained in Ordinance 06-017 but is being adopted on an interim basis by Ordinance 07-055." 9-eW Pees Exec. Assist., St. Lucie County Growth Management 2300 Virginia Ave, Ft. Pierce FL 34982 Phone:772-462-158S Fax: 772-462-2845 Email: deansb@stlucieco.org From: Beverlee Deans Sent: Friday, March 06, 2009 5:00 PM To: 'Eric Grant; Mark Satteriee; Robin Meyer; Heather Young; Beverlee Deans Cc: Becky Moore; Danielle Galvin; Joy Luczynski; Ords Admin; Malinda Franklin Subject: RE: Corrections to the Proofs for St. Lude's LDC Eric, I have scanned our written corrections and put them on our ftp site. ftlp://ftp.stlucieco.gov/Municode/` Username: comdev Password: lucie47 The two documents that I have uploaded, show all of the typos, and minor corrections that we have come across to date. Below is a list of changes that we would like made throughout the text. Changes Throughout: 1) Add page numbers to chapter indexes 2) Change Community Development Director to Growth Management Director 3) When the word "percent" is used include the symbol'To" in parenthesis ie: twenty percent (20%) 4) We need the graphics to be clearer - enlarge wherever possible - if it is necessary to rotate an image to make it clearer, then please do so. 5) It appears that there was a find and replace done for the word section with Subsection. Please make sure that this is corrected. 6) Whenever a section number is referenced ie: section 5.02.01 use the word "section", not subsection. The only time that we want to use the word sub -section is if it is in text without an associated section number, ie: according to the rules in this subsection. 7) Remove shading in header of tables - Bold if necessary 8) Chap 4 references to 3.00.01 (EE) (FF) (GG) should read exactly as recorded in Ordinance 07-015. There was some confusion because Ordinance 04-003 also added (EE). We would like Ordinance 04-003 (EE) changed to (HH) . 9) Change "his" to "his/her" I believe that there are a couple more minor changes, I just need to confirm them with our attorney's office and I will send them on Monday. Have a wonderful weekend. Exec. Assist., St. Lucie County Growth Management 2300 Virginia Ave, Ft. Pierce FL 34982 Phone:772-462-1585 Fax:772-462-2845 Email: deansb@stlucieco.org From: Becky Moore To: Beverlee Deans; cc: Eric Grant; Subject: RE: Corrections to the Proofs for SL Lucie"s LDC Daft: Monday, March 09, 2009 2:16:58 PM Hi Beverlee: As per our phone conversation of this morning, I have looked over the corrections that you sent and the list of items in your email and I feel that we can make the changes and provide a second set of proofs by the week of March 23--27. Regarding number 1) below, the page numbers in the Chapter Analyses are possible, however, this will require that the analysis page be pulled each time a change is made in each chapter. This can be difficult to maintain and very costly to the county. If you still feel that this is necessary, please confirm. Figure 7-23 is in the Land Development Code exactly as it was in the original provided to us. If you would like that to be changed please provide a new copy of the graphic. Please forward the additional ordinances to be included as quicky as possible. If you have any further questions or concerns, please contact Eric Grant or myself and we will be happy to assist you. Thanks, Becky Moore Supp. Editor 1-800-262-2633, ext. 287 bmoore@mail.municode.com From: Beverlee Deans [mailto:deansb@stiucieco.org] Sent: Friday, March 06, 2009 5:00 PM To: Eric Grant; Mark Satbeflee; Robin Meyer; Heather Young; Beverlee Deans Cc: Becky Moore; Danielle Galvin; Joy Luczynski; Ord Admin; MaLinda Franklin Subject: RE: Corrections to the Proofs for St. Lucie's LDC Eric, I have scanned our written corrections and put them on our ftp site. ffp://fto.stiucieco.gov/Municode/ Username: comdev Beverlee Deans From: Beverlee Deans Sent: Tuesday, March 17, 2009 1:22 PM To: Becky Moore; Danielle Galvin; Joy Luczynski; Ords Admin; MaLinda Franklin Attachments: RE: Corrections to the Proofs for St. Lucie's LDC Per the attached message from my Director, Please disregard the request to include page numbers in the index for each chapter. Thank you, Exec. Assist., St. Lucie County Growth Management 2300 Virginia Ave, Ft. Pierce FL 34982 Phone:772-462-1585 Fax:772-462-2845 Email: deansb@stiucieco.ore Beverlee Deans From: Mark Satterlee Sent: Tuesday, March 17, 2009 11:29 AM To: Beverlee Deans; Robin Meyer Subject: RE: Corrections to the Proofs for St. Lucie's LDC if it is costly, difficult to maintain and not entirely necessary than we can forego it. OFFICIALS Of ST. LUCIE COUNTY, FLORIDA AT THE TIME OF THIS REPUBLICATION Ra.u. a. A - Lc,0:s, Ci a r CIWk5 CV&M(1ViCe C6dkv H. H. po" CordEdward G. Eam ChnS Dzacbvsk m$wie*$ Chris CMFt County Commissioners County Attorney Roga Poi�xas 3usepl-, Clerk Circuit Court VaLlie W • 0" ilow) County Administrator v CHAPTER I GENERAL PROVISIONS 1.00.00. Title 1.01.00. Authority 1.02.00. Purpose and Intent 1.02.01. General Purpose of Policies. 1.02.02. Purpose and Effect of the Comprehensive Plan. 1.03.00. Applicability. 1.03.01. General Application. 1.03.02. General Prohibition. 1.03.03. Building Permits Issued Prior to Effective Date. 1.04.00. Findings 1.04.01. Findings of Fact. 1.05.00. Incorporation by Reference 1.05.01. Official Zoning Atlas. — A, fAkk� {'},&, 1.06.02. Other Materials. CL15eir V e-J) 1.06.00. Rules of Interpretation 1.06.01. Generally. 1,06.02. District Boundaries. 1.07.00. Repeal of Prior Provisions 1.08.00. Effective Date; Enactment 1.09.00. Severability 1.10.00. Minimum Requirements St. Lucie County Land Development Code Revised through 061WM 1;1 Adopted August 1, 1990 DEFINITIONS 2.00.00 such other materials as would indicate whether or not the establishment constitutes an adult establishment, as herein defined. A final determination shall not be made until the owner has been given the opportunity to provide such materials. Advertising Structure: A sign or sign structure erected or intended for advertising purposes, with or without an advertisement displayed thereon, situated upon or attached to real property. Aggrieved or Adversely Affected Person: Any person or local government which will suffer an adverse effect to an interest protected or furthered by the St. Lucie County Comprehensive Plan, including interests related to health and safety, police and fire protection systems, densities or intensities of development, transportation facilities, health care facilities, equip- ment or services, or environmental or natural resources. The alleged adverse effect may be shared in common with other members of the community at large, but shall exceed in degree the general interest in common good shared by all persons. Agricultural Land: Land with soil, climate, water and topography so interrelated that, if prudently managed to protect its natural qualities, is favorable for the production of adapted crops. Alley: A right-of-way privately or publicly owned, primarily for service access to the back or sides of properties. Alternative 7bwer Structure: A design mounting structure that camouflages or conceals the presence of a tower; for example, man made trees, clock towers, bell steeples, utility poles, and similar alternative designs. An antenna mounted on a utility pole shall be subject to all requirements as stated in this ordinance. The following shall be considered not to be an alternative tower structure: 1) a structure supporting a utility transmission line(s) only; and 2) a structure up to one hundred fifty (150) feet in height supporting a 69KV or higher voltage utility transmission line(s), and antenna (e), when located in non-residential zoning districts; and 3) a structure supporting lfmateur radio antenna only. /� Animated Sign: A sign that depicts action or motion or that changes color; an animated sign differs from a flashing sign in that it uses movement to create a special effect or scene. Antenna: A transmitting and/or receiving device mounted on a tower, building or structure and used in telecommunications personal wireless services that radiates or captures electro- magnetic waves, digital signal, analog signals, and radio frequencies, directional antennas such as panel and microwave dish antennas, and omni-directional antennas such as whips but excluding radar antennas, amateur radio antennas, and satellite earth stations. Aquatic Preserve: Includes the North Fork of the St. Lucie River and the Indian River Lagoon. Aquifer: A geologic formation, group of formations, or part of a formation (stratum) that is capable of yielding potentially useable quantities of water from wells or springs. St Lucie County Land Development Code Revised through 06/30/08 2:5 Adopted Auguat 1, 1990 2.00.00 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Development Order, Preliminary: of (1) Amendment to any PortiontheComprehensive Plan; (2) Planned Development Preliminary Site Plan Approval; (3) Amendment to the Official Zoning Atlas; (4) Development of Regional Impact —Development Order; l (5) Any other development approval other than a Final Development Order. Development Permit: For the purposes of this Code, a development permit is that official St. Lucie County document that authorizes the commencement of construction or land alteration without need for further application or approval. Development permits include but are not limited to, building permits, sign permits, mining permits, tree removal permits, mangrove alteration permits, and wastewater and sewage compliance permits. Diameter at Breast Height (DBH): The standard measure of a single stemmed tree at four and one-half (02) feet above grade. When a tree has grown with cluster stems at breast height, DBH shall be equal to the sum or aggregate of the individual stems measured at four and one-half (02) feet above grade. Directional Sign: A sign, which is intended only to provide directions for vehicular and pedestrian traffic. Other than a business logo, such signs shall contain no wording which does not provide directions. Directional Sign, Public. A sign erected by a governmental agency, to denote the name of any thoroughfare; to point out the route to any city, educational institution, public building, public place, historic place, hospital, or park, to direct and regulate traffic; or to denote any railroad crossing, bridge, or other transportation facility. Disposal Manifest: Document used for identifying the quantity, composition, origin, routing including transporter and destination of hazardous waste and/or Regulated Substance during its transportation from the point of generation to the points of treatment, storage, and disposal. Distributor: The person responsible for placing and maintaining a newsrack, the owner of the newsrack, or the publisher of the newspaper, periodical, advertising circulars or any other printed matter vended therein. Dock: A boat mooring facility which has no more than ten (10) boat slips, and which does not provide a fuel facility, sewage pump -out station, or commercial land -to -water boat hoist. Double -Faced Sign: A sign with two (2) faces which are parallel, or in the case of a V-shaped sign, has an interior angle which is less than sixty (60) degrees. Drawdown: A lowering of the water table of an unconfined aquifer caused by the pumping of groundwater by wells. Dripline: An imaginary vertical line extending from the outermost circumference of the branches of a tree to the ground. St. Lucie County Land Development Code Revised through 06/3o/08 2:14 Adopted August 1, 1990 2.00.00 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Family Day Care Home: An occupied residence in which child care is regularly provided for no more than five (5) preschool children from more than one (1) unrelated family and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. The maximum number of five (5) preschool children includes preschool children living in the home and preschool children received for day care who are not related to the resident caregiver. Elementary school siblings of the preschool children received for day care may also be cared for outside of school hours provided the total number of children, including the caregiver's own and those related to the caregiver, does not exceed ten (10). Family Residential Home: A dwelling unit licensed to serve clients of the Department of Children and Families, which provides a living environment for six (6) or fewer unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. The term "family residential home" shall include congregate care facilities, foster homes, group care homes and child care facilities with six (6) or -fewer residents and that otherwise meet the definitional requirements of a family day care home. FCC. The Federal Communications Commission. FEMA: Federal Emergency Management Agency. Flashing Sign: Any sign utilizing a continually intermittent or sequential flashing light source. Fi CVO t"&kTaV' Jlatt ot: A Flag Lot is any residential or commercial division of property that is shaped in the general configuration depicted in Figure 2.8. No more than two (2) Flag Lots shall be contiguous to each other and the depth of the staff shall not exceed five (5) times the minimum road frontage requirement for the zoning district in which the flag lot is located, except that a one (1) time division of a residential or agriculturally zoned parcel or lot of record as of the effective date of this Code, that exceeds the maximum flag staff depth restriction shall be approved provided that the lot split criteria of Section 11.03.04 and all other applicable provisions of this Code are met. Flat Sign: See "Wall Sign". Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; (2) The unusual and rapid accumulation of runoff of surface waters from any source. St. Lucie County Land Development Code Revised through 06/30/08 2:18 Adopted August 1, 1990 2.00.00 ST. LUCIE COUNTY LAND DEVELOPMENT CODE congregate care facilities, foster homes, group care homes and child care facilities with more than fourteen (14) residents and that otherwise meet the definitional requirements of institutional residential home. Internally Illuminated Sign: A sign where the source of illumination is located inside the sign face and light emanates through the message of the sign. A sign utilizing exposed neon lighting shall be considered an internally illuminated sign. Intertidal Areas: Those areas between mean low water and mean high water. Jurisdictional Wetland: Any wetland within County jurisdiction as set forth in Subsection 6.02.03(B). Kennel: An establishment for the breeding, boarding, or shelter of dogs and/or cats. Land: The earth, water, and air above or on the surface, including any improvement or structure customarily regarded as land. Land Clearing Debris: It or cleared vegetation resulting from a land clearing operation. Land Clearing Operation: "e uprooting or clearing of vegetation in connection with construction for buildings and rights -of -way, residential or industrial development, mineral operations, or the clearing of vegetation to enhance property value and aesthetics. The removal and destruction of shade trees due to storm or insect damage is included as a land clearing operation. Land Clearing and Yard hash Recycling Operation: hose businesses that are engaged in the recycling and processing of land clearing and yard trash debris only and as may be authorized as a specific Conditional Use under Subsection 7.10.12(C) of this Code, Land Clearing and Yard Trash Recycling Operations shall not include, or apply to, the on -site disposal of land clearing and yard trash debris generated from land clearing activities on that property, provided that any such on -site disposal is not in conflict with any applicable federal, state or local regulations. Land Use: The development, activity, or use that has occurred on the land, or the development that is proposed by a developer on the land. Lateral Limbs or Other Lateral Branches: Limbs or other branches situated on or coming from the side of the main trunks) of a tree. Lattice Tower. A communications tower that is constructed to be self-supporting by lattice type supports and without the use of guy wires or other supports. Level of Service: An indicator of the extent or degree of service provided by a public facility and related to the operational characteristics of the public facility. Local Road or Street: A route providing service which is of relatively low average traffic volume, short average trip length or minimal through -traffic involvements and high land access for abutting property. St Lucie County Land Development Code Revised through 06/3ao8 2:24 Adopted August 1, 1990 ZONING DISTRICTS 3.01.03 number in "( )" following each identified use corresponds to the SIC code reference described in Subsection 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses. a. Agricultural production - crops. (01) b. Agricultural production - livestock and animal specialties. (02) C. Agricultural services. (07) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (IRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) f. Fishing, hunting and trapping. (09) g. Forestry. (08) h. Kennels. (0752) Nan-QD+nnrrmec-kJ i. Research Facilities, Noncommercial. (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off -Street Parking and Loading Requirements. Off-street parking and loading require- ments are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses. a. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance. (4681) C. Airports and flying, landing, and takeoff fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) f. Gasoline service stations. (5541) g. Industrial wastewater disposal. (999) St. Lucie County Land Development Code Revised througli 08/30/08 3:5 Adopted August 1, 1990 CHAPTER IV SPECIAL DISTRICTS 4.00.00. Airport Overlay Zones. 4.00.01. Generally. 4.00.02. Airport Zones. 4.00.03. Airport Zone Height Limitations. 4.00,04. Use Restrictions. 4.01.00. Hutchinson Island —Building Height Overlay Zone. 4.01.01. intent. 4.01.02. Generally. 4.01.03. Hutchinson Island Building Height Zones. 4.01.04. Hutchinson Island Height Limitations. 4.01.06. Exceptions. 4.01.06. Variances. 4.02.00. River Park —Community Overlay Zone. 4.02.01. Purpose and Intent. 4.02.02. River Park Community Overlay Zone Established. 4.02.03. Limitations on Rezoning Applications. 4.02.04. Performance Standards. 4.02.05. Use Limitations. 4.03.00. Research and Education Park —Overlay Zone 4.03.01. Purpose and Intent. 4.03.02. Research and Education Park Overlay Zone Established. 4.03.03. Limitations on Land Use Applications. 4.03.04. Performance Standards. 4.03.05. Research and Education Park Overlay Zone Use Limitations. — A l k 0-&PS 4.04.00. Tvo—Overlay Zone (Tovms, Villages, Countryside) 4.04.01. Purpose and Intent. -rve _ All ecl.+->5 4.04.02. Essential Tvc Concepts. 4.04.03. Overview of TVC Approval Processes. 4.04.04. TVC Specific Standards. 4.04.06. Transfer of Development Rights Program. 4.04.06. Definitions. 4.04.07. Performance Monitoring. St. Lucie County Land Development Code Revised thi rn Osr301oa 4:1 Adopted ,August 1, 1990 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 4.05.00. St. Lucie County Rural Land Stewardship Area Overlay Zone 4.05.01. Purpose and Intent. 4.05.02. Specific Definitions Applicable to the Rural Land Stewardship Area (RLSA) Overlay Zone. 4.05.03. Establishment of RLSA Overlay Zone. 4.05,04. Land Uses Allowed in the RLSA Overlay Zone. 4.05.05. Stewardship Credits. 4.05.06. Lands within the RIBA Overlay Zone prior to SSA or SRA Designation. 4.05.07. SSA Designation. 4.05.08. SRA Designation. SpgCe A hpVC- 4.06 M-410 On rved. ► n -o rapr,+e-mr, 4.11.00. Historic Preservation. 4.11.01. Changes to Historic Structures or Sites. 4.12.00. Jenkins Road Area Plan Special District 4.12.01. Purpose and Intent. 4.12.02. Area Affected. 4.12.03. Road and Trail System. 4.12.04. Future Land Use Map Amendments Permitted within the Jenkins Road Planning Area. 4.12.05. Permitted Zoning and Rezoning. 4.12.06. Jenkins Road Planning Area Land Use Regulations. 4.12.07. Conditional Uses Allowed in the AR-1 (Agricultural Residential — 1 Zoning District) within the Jenkins Road Overlay Zone Special District 4.12.08. Landscaping. 4.12.09. Exterior Lighting. 4,12.10. Right -of -Way Dedication Requirements. 4.12.11. Conflicts with other Sections or Chapters. St. Lucie County Land Development Code Revised through 06/30J08 4:2 Adopted August 1. 1990 4.02.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE B. This Subsection is intended to provide for a Iogical and orderly transition from residential to nonresidential zoning where appropriate, and to protect those parcels which remain residential fi om the impacts of the nonresidential development. C. Nothing in this Subsection is intended to supersede the minimum standards of review for any amendment to the Official Zoning Atlas of St. Lucie County as set forth in Subsection 11.06.03 of this Code. 4.02.02. River Park Community Overlay Zone Established. A. The River Park Community Overlay Zone shall consist of all those parcels of land lying in the following subdivisions as recorded in the official land records of St. Lucie County, Florida, and which share a common property line with the right-of-way for Prima Vista Boulevard and/or and are contiguous to a parcel of land that shares a common property line with the right-of-way for Prima Vista Boulevard: RIVER PARK - UNiT 3 10 80 RIVER PARK - UNIT 4 11 9 RIVER PARK - UNIT 5 11 31 RIVER PARK - UNIT 6 12 26 RIVER PARK - UNIT 10 14 29 SUBDIV OF PART OF TRACT "E", RIVER PARK - UNIT 3 12 22 Except that those properties in the above subdivisions that were classified with a COM (Commercial) Future Land Use designation on August 6, 1996, the date of establishment of these regulations, shall not be jm*-be included in the River Park Overlay Zone. Figure 4-8 generally depicts the limits of the above described overlay zone. B. The River Park Community Overlay Zone, created in Part A above, shall be divided into two (2) subzones, generally described as follows: St. Lucie County Land Development Code Revised through 06/30W 4:14 Adapted August 1, 1990 4.02.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 1.) InterSubsection Zone. The InterSubomtion Zone(s) shall be centered at the following locations: a.) Prima Vista Boulevard and South US #1 b.) Prima Vista Boulevard and Floresta Drive cJ Prima Vista Boulevard andDrive Airow The InterSubsection Zone shall con "t�of thosepropertieswhich share a common property line with the right-of-way for Prima Vista Boulevard and/or are contiguous to a parcel of land, under the common ownership or control of the same person, party or interest group, that shares a common property line with the right-of-way for Prima Vista Boulevard. In no instance shall an InterSubsection Zone extend more than five hundred (500) feet (approximately five (5) platted lots) from the center of any of the intersections identified above. 2.) Mid -Block Zone. The Mid -Block Zone(s) shall consist of those properties which share a common property line with the right-of-way for Prima Vista Boulevard and/or are contiguous to a parcel of land, under the common ownership or control of the same pion, party or interest group, that shares a common property line with the right-of-way for Prima Vista Boulevard. 4.02.03. Limitations on Rezoning Applications. All applications for change in zoning in the River Park Community Overlay Zone shall be consistent with the following Table. TABLE 4-8 INTERSUBSECTION ZONES MID -BLOCS ZONES PUD & PNRD (CO & CN uses only, except as specified in 4.02.05) Comprehensive Plan Amendment to Commer- cial (COM) required for any change to a non- residential zoning category, including PNRD PMUD (residential and CO and CN use only, except as specified in 4.02.05) 4.02.04. Performance Standards. The following performance standards shall be maintained for approval of any planned development or site plan within the River Park Community Overlay Zone. Zb the extent that these River Park Community Overlay standards are more restrictive than another provision of this Code, the stricter of the two (2) standards shall apply. A. Building Height: Maximum height for any structure shall be twenty-five (25) feet. B. Minimum Parcel Size: No change in zoning to a non-residential zoning designation shall be granted for any parcel of less than twenty thousand (20,000) square feet (approximately two (2) lots as shown on the recorded plats for the River Park s/d). St. Lucie County Land Development Code Revised through 06130✓OS 4:16 Adopted August 1, 1990 SPECIAL DISTRICTS 4.03.03 4.03.03. Limitations on Land Use Applications. Any Future Land Use Map Change within the Overlay Zone shall be to Special District (SD - Research and Education Park). All applications for a change in zoning within the Research 5�i and Education Park Overlay Zone shall be to Planned Non -Residential Development (PNRD)., 4— t?e.rici . - building permit applications shall be reviewed and approved by the Growth Management of department Director or their assigns prior to the issuance of construction authorizations 61 it�hfGn the Research and Education Park Overlay Zone. The appropriate location and mix of uses will be determined through the planned development process in a manner that adheres to the guidelines and standards set forth in this overlay zone and the Research and Education Park Master Plan. Uses are to be segregated as to intensity and are to ensure compatibility with lands outside the overlay zone. The following sub -zones are created to identify the type of permitted, conditional and accessory uses allowed within Zone A and Zone B. The specific uses are identified below and Subsection 4.03.05. LAND USE OPTIONS RESEARCH EDUCA77ON ZONE RESEARCH AGRICULTURE ZONE PNRD: PNRD: Allows agriculture, office, research and iasti- Allows agriculture and research (as identified tutional, and light manufacturing (as identi- under the permitted uses identified in Subsec- fied under.4.03.05) uses tion 4.03.05). No conditional uses shall be allowed within the Research Zone without an amendment to this section. Research Education Zone: The Research Education Zone is established to provide sites for education and research activities, related manufacturing, business and scientific activities that could benefit from location in or adjacent to Research and Education Park facilities. This zone is intended to accommodate educational facilities that promote higher learning and; research facilities, prototype production facilities and other manufacturing operations that require the continual or recurrent application of research knowledge and activity as an integral part of the manufacturing process. Professional office and commercial support facilities may also be located within this zone. Research Agriculture Zone: The Research Agriculture Zone is established to provide an area of scientific research and development in the life sciences and agriculture for training and the production of prototype products, plans or designs. This zone is intended to accommodate agriculture production associated research facilities, and pilot projects that require the continual application of agriculture research knowledge and activity. St. Lucie County Land Development Code Revised through 06(M% 4:19 Adopted August 1, 1990 4.03.04 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 4.03.04. Performance Standards. The following performance standards shall be maintained for approval of any planned development within the Research and Education Park Overlay Zone. The Research and Education Park Overlay standards shall supersede when more limiting than other provisions of this Code. A. Building Height: Zone A —Research Education Zone Maximum height for any structure shall be sixty (60) feet. Zone B—Research Agriculture Zone Maximum height for any structure shall be thirty-five (35) feet. B. Signs: Signs for all uses within the Research and Education Center Overlay Zone shall conform to the requirements of.SaMubsection 9.01.01(E), (Commercial, Neighbor- hood) of this Code. Billboards that are specific to marketing or identification of the Research and Education Park are permitted along the Florida Turnpike and may be installed in accordance with Subsection 9.02.02—Off Premises Signs 49-2$}' C. Lot Coverage by Buildings: Zone A: 50% maximum lot coverage by buildings Zone B: 25% maximum lot coverage by buildings 50% lot coverage by structures utilized for agricultural production purposes D. Minimum Yard requirements: Minimum yard and ininimum lot size requirements will be determined through the planned non-residential development process. Buildings under the site plan threshold shall meet the minimum yard requirement of the property's underlining zoning district. E. Landscaping Requirements. Landscaping requirements related to screening uses outside the Research and Education Overlay Zone boundary, retention of native landscapes, drought -tolerate vegetation and exotic removal shall be subject to Subsec- tion 7.09.00. Landscape buffers along roadways and between uses within the Research and Education Overlay Zone shall be determined as part of the planned development process and in all cases shall be consistent with the intent of the Research and Education Overlay Zone and the Research and Education Park Master Plan. F. Off-street Parking and Loading Requirements: Off-street parking and loading require- ments are subject to Subsection 7.06.00. A fifteen (15) percent reduction may be applied if the Planned Development contains two (2) or more uses. Agricultural production structures are not subject to the requirements of Subsection 7.06.00. Parking garage structures may be proposed for individual or shared use within Zone A. The maximum height for a parking garage shall not exceed eight (80) percent of the SG Lucie County Land Development Code Revised through 0VJGW 4:20 Adopted August 1, 1990 SPECIAL DISTRICTS 4.04.02 4.04.02. Essential TVC Concepts. Four (4) essential concepts for the regulation of land within the desire— ed TVC Overlay Zone are highlighted here: A. TVC overlay Zone. This section of the code establishes a TVC Overlay Zone whose boundaries are taken from the 2004 North St. Lucie County Cbarrette study area. t;A thp. !M.4r_ designation as the Future Land Use " ef the Comprehensive This overlay zone provides general guidance and specific standards that, in conjunction with the remainder of this Code, will carry out the settlement patterns derived from this Charrette as consistent with the St. Lucie County ComiDrehensive Plan . The TVC Overlay Zone contains two (2) sub -zones whose boundary is the Urban Service Boundary in the Comprehensive Plan as it existed in May 2006. The location and approximate boundaries of the TVC Overlay Zone and its sub -zones are shown on Figure 4-10. Comprehensive Plan amendments that make more than incidental adjustments to these boundaries will necessitate changes to this Code. FIGURE 4-10 -NC OVERLAY ZONE AND ITS SUB -ZONES -r a = Wmi — LEGEND EMNCOm* lsn► ®1VCLe40Wft AWn 9awct BONdny B. Urban -to -Rural Ti-ansect. Towns and Villages have physical forms that vary in character and intensity. An urban -to -rural transect that describes these characteris- tics in existing communities is also ideal for use as the organizing principle for new communities. New Zlowns and, Villages and Planned Unit Developments on land within the desigaeted TVC Overlay Zone are to be planned using the "transect zones" shown on Figure 4-11. These transect zones must be delineated on a regulating plan prepared by a developer and submitted to St. Lucie County for cons'derationAll part of rezoning to the PTV (Planned Town or Village - see Subsection 3.01- r PUD (Planned Unit Development - see Subsection 4.04.04.E(1Xb)) zoning St. Lucie County Lend Development Code Revised through 06/30/08 4:23 Adopted August 1, 1990 4.04.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE FIGURE 4-11- URSAW704 JRAL TRANSECT C C. Urban Service Boundary. The St. Lucie County Comprehensive Plan establishes an Urban Service Boundary (USB) which limits the geographic area where the county win provide certain services. The purpose is to restrict the negative impacts of a sprawling low -density development pattern including the fiscal burden placed on service provid- ers by that pattern. About sixty-three (63) percent of the land within the designated TVC Overlay Zone is outside this boundary and the remainder is inside. The TVC glemeat —allows a-a-m development to qualify for wban eerAses even if leeated outside Pik D. 7}ansferable Development Rights. The development rights attached to a parcel of land can sometimes be transferred to other parcels. The TVC Elemeet Overlay Zone encourages the transfer of density for several purposes: to move potential development to certain locations inside the USB; To encourage continued use of land for rural and open space purposes by transferring potential density off the land; and to allow the accumulation of sufficient development rights to create Towns or Villages. Transfer- able development values are ElemepA equivalent to the residential density allocated on the Puture Land Use Map. Density bonuses are not permitted outside the USB. See Section 4.04.05. 4.04.03. Overview of TVC Approval Processes. Development approvals for land designated within the TVC Overlay Zone differ in several aspects from approvals in the remainder of unincorporated St. Lucie County. These processes can be summarized as follows: A. Owners of 110 acres or more of land located inside the USB may seek approval of a new Town or Village by applying to rezone the land to the PTV (Planned Town or Village) zoning district. See Subsection 3.01.03@F EE St. Lucie County Land Development Code Revised through 06130M 4:24 Adopted August 1, 1990 SPECIAL DISTRICTS 4.04.03 B. Owners of land with a Future Land Use designation of RE, Residential Estate, outside the USB may develop according to the Guidelines provided in the St. Lucie Comity Comprehensive Plan for that land use category and consistent with the development standards in the TVC Overlay Zone. _. Trrr���rse�rtr� _ •� • 1. •• " ten MIN C. Owners of less than one hundred ten (110) acres of land inside the may take-a$y 'BOLD 4- D develop or use the land for residential purposes in accordance with the TVC Overlay Zone requirements in Sections 4.04.01 - 4.04.06 of this Code. D. Owners of land of any size inside the USB with a Future Land Use of MXD, Mixed Use Development, or COM, Commercial, may seek rezoning of the land to the PRW (Planned Retail/Workplace) zoning district (Subsection 3.01.06.HFi) to place retail or workplace land uses outside a Town or Village the-g;eek, abje eti,es,and pelides of the =-VGMement These proposals must St. Lucie County Land Development Code Revised through 06/30/08 4:25 Adopted August 1, 1990 4.04.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE E. Owners of land of any size may initiate, continue,. or expand agricultural uses (including forestry and equestrian uses) in accordance with the requirements of the agricultural zoning district that applies to the land. This option is available bath inside aot-D and outside the USB. See Section 3.01.03 for lists of permitted and conditional agricultural uses in each agricultural zoning district. 4.04.04. TVC Specific Standards. A. Applicability of TVC Specific Standards. 1. The standards in Section 4.04.00 apply to land use and land development within the TVC Overlay Zone regardless of zoning designations, except as specifically provided. 2. The provisions of the remainder of this Code apply except where modified by this TVC Overlay Zone, by the PTV, PCS, or PRW zoning districts, or by the St. Lucie County Comprehensive Plan. B. REGIA#AI STREET NETWORK 1. The TVC RE-Ime—seent o-Ift—hee -St. Lewis- County Comprehensive 14se estaMished in 2906 a Patwe Street Net- m-- PIK A-s-a that i—a edua d-A-A- street improvements --- d- Rew -RIWP Overlay Zone establishes the standard for planned developments to provide as interconnected street network for the facilitation of sustainable transit patterns. 2. St. Lucie County will not approve any construction or development of land that would interfere with the creation of or improvements to ar d of streets as further outlined in this Code. (See Subsection 3.01.0m.10 3. Development of land must accommodate and incorporate appropriate links ewe to facilitate an interconnected street network. Final alignments will be determined by St. Lucie County. Roadway capacity to support the proposed development must exist or be provided concurrently. Appropriate connectiv- ity of new development to these streets and their integration with adjoining develop- ment must be demonstrated prior to development approvals. 4. Streets ' that connect rural areas to urban areas must provide transitions from higher design speeds in rural areas to lower design speeds for, neighborhoods and other developed areas. Lower design speeds can be achieved by reducing the widths of travel lanes, clear zones, and medians. Lower design speeds can also be achieved by adding curbs, regularly spaced street trees, and on -street parking. C. Agricultural Uses. Owners of land are encouraged to initiate, continue, or expand agricultural uses (including forestry and equestrian uses) in accordance with the requirements of the agricultural zoning district that applies to the land; Section 3.01.03 for lists of permitted Revised throw O6/30AD8 St. Lucie County Land Development Code through 4:26 Adopted August 1, 1990 SPECIAL DISTRICTS 4.04.04 and conditional agricultural uses in each agricultural zoning district. This option is available to all land regardless of size both inside and outside the USB. At a *minimum, nothing in the TVC Overlay or other implementing regulations may be construed to supersede or interfere with agricultural rights protected under Florida's Right to Farm Act. Participation is optional in the Transfer of Development Rights program which allows unused transferable develop- ment value to be moved to an eligible receiving site (see Section 4.04.05). D. Residential Subdivisions Outside the Urban Service Boundary. Residential subdivisions may be created outside the Urban Service Boundary (USB) on land desigmted within the TVC Overlay Zone only by following one of these thme two (2) approaches: 1. Residential development Myosals in excess of eight 8) units must awly to rezone the land to the PCS (Planned Country Subdivision) zoning district. (See Subsection 3.01.03,B61 FT 2. Residential development proposals less than eight (8) units may develop consistent with the full intent of the underlying zoning district. Any rezoning to allow an increase in density or development inconsistent with the fill intent of the underlying zoning district is not permitted. 4: As pat of a &ew-Taw—off VIA&W, using the-RP-Z is Ri fi,, diettiot (see F-MbR,,..tiet, &01.037, , 3.N.03 F'F 3: sak""dv a Town gWTiRsqs aftte�rs� m'sTm�E�F�eiMORGE Y Se#iAg Mi& at 18Mt �etj% reFlfmo at r4the bmmsfm see dVVAepMM4 VaWe-r"m thplsa*ad ta an-e le a,. M—p—me-er-sWe develepmwA value ••,• the 1"d MW be uer-eate FT v u Revised through 06/30/08 4:27 3t Lucie County Land tad August Code . Adopted A 1, 1990 4.04.04 ST. LUCIE COUNTY LAND DEVELOPMENT CODE MITE M3 u. ru. ry rr ru. E. Residential Subdivisions Inside the Urban Service Boundary. 1. Residential subdivisions may be created inside the Urban Service Boundary (USB) on land designated within the TVC Overlay Zone using the development potential indicated on the Future Land Use Map for any given parcel, plus any transferable development rights purchased from parcels outside the USB only by following one (1) of these twG approaches: a. As part of a gVw Ibwn or Village, using the PTV zoning district (see Subsection 3.01.03. b. Outside a Tnwn or Village but still inside the USB, using the kmesfersWe development value development potential assigned to a parcel of land on the Future Land Use Map, plus any TDR credits acquired sadAw any density beismses, fees through the Planned Unit Development process. (1) If the land is not currently zoned to allow the desired density, the land must be rezoned to a suitable planned zoning district (for instance, see Sections 3.01.032.BB and 7.01.00, the standard planned unit development category and associated PUD regulations). The rezoning application and subsequent site plan approval applications must be accompanied by a re plan that includes the information required by Subsection 3.01.03.) and that identifies three (3) consecutive transect zones (e.g., Center, General, Edge), lot types, and street types to achieve development forms consistent with the TVC Rlement Overlay Zone. The selected transect zones set forth in Subsection 3.01.03 2.e(3) would apply to such land, unless the parcel is less than 32 acres in Which case only one (1) transect zone is required. The five -acre minimum parcel size for the standard PUD category would not apply to such an application. (2) Such residential subdivisions must provide an interconnected street net- work as described in Subsection 3.01.03 'pIIeI.k and water management in ile the form of an interconnected system ccMistent with and connected, if possible, to the Flow Way System as described in Subsection 3.01.03.FF.2.p. C. On land designated Residential Estate, see Subsection 4.04.04.D (1-2). St, Lucie County Land.Development.Code Revieed through M/3 M 4:28 Adopted August 1, 1990 SPECIAL DISTRICTS 4.04.05 2. Residential development on land designated within the TVC Overlay Zone that is inside the Urban Service Boundary (USB) is afforded the following special allowances: a. Except on land designated RE on the Future Land Use Map, Dderaity may be increased in all proposed development inside the USB through acquisition of TDR credits from eligible sending sites (see Section 4.04.05). mmaafiwaWe development rigMs eFe awarded higher maIUOers when thA r-eeei inn site in :seated amaac the U911. F. Standards for New Residential Buildings. The following standards apply to new dwellings on pre-existing lots in the TVC Overlay Zone; to all dwellings built in new subdivisions zoned PTV, PCS, and PEW, and to all dwellings in new subdivisions approved pursuant to 4.04.04.D and 4.04.04.E: 1. Detached garages must always be located in the rear of the lot. Detached garages must be accessed from the alley or lane except where no alley or lane is present. 2. If no alleys or lanes are present, garage doors on attached garages should face the side or the rear rather than the front and be accessed from a driveway that does not exceed ten (10) feet wide except at the garage entrance. Where space does not permit a side - or rear -facing garage door, any front -facing garage doors must be placed at least twenty (20) feet behind the principal plane of the building frontage and each door is limited to one (1) car width- G. Other Non -Residential Uses. 1. Retail and workplace land uses may be pla� in a Town or Village through approval of PTV zoning (see Subsection 3.01.03)4). 2. Retail and workplace land uses may also be placed outside a Tbwn or Pillage on parcels thA w@Apl&ee stafid&p&uj3der- gj. e. jwe & y t o e f the PX Eh,..,e t with a Future Land Use of MXD or COM. PRW zoning (see Subsection 3.01.06 required except on landDevelopment Value Map, a 3)-R&�e -Am- t i uses; land ee-i-a-dieeted M&Y aloe 1* c h ht OF h........:..a„st,.:el zoning distiFiets as i the lead were designated Industrial on the Future Land Use Map of the St. Lucie County Comprehensive Plan. 4.04.05. Transferable Development Rights. A. Applicability. Section 4.04.06 establishes procedures for the Transfer of Development Rights Program for the TVC Overlay Zone This section establishes procedures by which transferable development rights are calculated, applied, conveyed, and recorded, for the purpose of the preservation of the CounWe valuable agricultural land, open space, and environmental quality, and in promoting well -designed communities, social diversity, and economic growth. Paragraph C describes how transferable development rights are assigned to land within the TVC Overlay Zone SAR Paragraph D explains that landowners are under no obligation to exercise their St. Lucie County Land Development Code Revised through 08/30,W 4:29 Adopted August 1, 1990 SPECIAL DISTRICTS 4.04.06 Porch: An elevated, roofed, and unwalled platform on the facade of a building. Porches are supported from below by vertical columns or piers, and have sufficient depth to allow outdoor seating without interfering with any entry functions of the porch. Porte Cochere: A roofed porch or portico -like structure extending from the side -entrance of a building over an adjacent driveway to shelter those getting in or out of vehicles. A porte cochere differs from a carport in that it is not used to cover parked vehicles. Regulating Plan: A type of site plan or a supplement to a site plan for a proposed development in the TVC Overlay that must be submitted to St. Lucie County under certain oondiW=. A regulating plan identifies proposed transact zones, lot types, and street types. A regulating plan defines the character of the proposed development and, if approved, becomes an integral part of the development approval. See Subsection 3.01.03.FP.3. Rural: One (1) of the two (2) countryside zones that make up a cross-section or transect of a'Ibwn or Village. The Rural transact zone is further from neighborhoods and contains the full range of permitted agricultural, recreational, and open space uses. See Subsection 4.04.02.B. Specialized District: A transect zone that accommodates development types or forms that are not fully integrated with adjoining neighborhoods. See Subsection 3.01.03.BH. Stoop: A staircase on the facade of a building, usually constructed of concrete or stone, that leads either to a small unwalled entrance platform or directly to the main entry door. Story: That portion of a building or structure included between the upper surface of a floor and the lower surface of the ceiling or exposed roof next above. Each mezzanine that exceeds the percentage of floor area for a mezzanine defined in the Florida Building Code is counted as a story for the purposes of measuring height. Each story used exclusively for parking vehicles is also counted as a story. Space within a roofline that is entirely non -habitable shall not be considered to be a story. Targeted Industry: Businesses identified by the St. Lucie County Growth Management Department in conjunction with the Economic Development Council as desirable to promote job growth in the County. Such businesses are set forth every two (2) years as eligible for the Job Growth Investment Grant Program and include a wide range of commerce; approval by the Board of County Commissioners is required when proposed in the TVC area. See Subsection 3.01.03- ,0,2.r. TDR Credits: Credits that are created when the unused transferable development rights of a property receive a multiplier. One (1) credit may be eligible to secure one (1) additional dwelling unit of density when applied to a qualified development. Town Center: Zbwn Centers are an open-air collection of core retailers, typically a minimum of two hundred thousand (200,000) square feet, serving approximately twenty-five thousand St Lucie County Land Development Code Revised through 06/30/O8 4:47 Adopted August 1, 1990 4.04.06 ST. LUCIE COUNTY LAND DEVELOPMENT CODE (25,000) persons with a primary trade area of six (6) to ten (10) miles. Tenants include multiple anchors, shops, movie theaters, a grocery store, department store, bookseller, restaurants, boutiques, residential units and possibly a hotel. A lbwn Center distinguishes itself from conventional open-air centers by including a variety of residential types, office and civic uses. The lbwn Center could ultimately evolve into areas served by mass transit with higher densities. Appropriate locations are along major thoroughfares close to an interstate inter- change or within downtown areas. 7l wwct Zone: A distinct category of physical form ranging from the most urban to the most rural of human habitats. This code defines four (4) neighborhood transect zones: Core, Center, General, and Edge; two (2) Countryside transect zones: Fringe and Rural; and a Specialized District transect zone. See Sections 4.04.02.B and 3.01.03.0.6 6 71-ansferable Development Value: The density and intensity designated on a property by the transferable Development Value Map. TVC Overlay Zone: See Section 4.04.02. Urban Services: Potable water supply and distribution; sanitary sewer collection, treat- ment, and disposal. Village Center. A Village Center is eighty thousand (80,000) to one hundred forty thousand (140,000) square feet and has tenants similar to those in a Neighborhood Center and may include hotels or motels. Village Centers are located at an intersection of two (2) important thoroughfares and serve four (4) to five (5) adjacent neighborhoods. Warehouse 73pe: Often associated with discount or home improvement retail, typically located along heavily traveled roads or rail corridors. Workforce Housing: Housing that is affordable to families earning from eighty (80) to one hundred twenty (120) percent of the Area Median Income. Area Median Income is based on the most recent figures for the Port St. Lucie -Fort Pierce Metropolitan Statistical Area as reported annually by the United States Department of Housing and Urban Development. Area Median Income data is available from the St. Lucie County Department of Growth Management. $t. Lucie County Land Development Code Revised tbrougb 06/30/08 4:48 Adopted August 1, 1990 SPECIAL DISTRICTS 4.06.01 St Lucie County will monitor and evaluate the performance of the TVC Element of the Comprehensive Plan, including the performance of these implementing regulations, to include at least the following performance measures: A. Development Plans in TVC Overlay: 1.Acres of land rezoned to PTV PCS and PRW 2. Acres of land rezoned to other zonine districts 3. Net developable area of each approved Zbwn and Village 4. Number of proposed residential units in each approved'Ibwn and Village 5. Number of proposed residential units that were approved as workforce housing B. Open Space and Countryside: 1. Acres of land designated as Countryside 2. Mapping of Countryside acreage to illustrate its size and contiguity 3. Acres of land credited as Open Space components through PTV zo 4. Acres of land designated for the Flow Way System through PTV zoning 5. Mapping of Flow Way System acreage to illustrate its contiguity and its relationship to existing drainage canals C. D-an4rable Develo rent Credits: 1. Acres of land from which residential development rights have been transferred, 2. Number of TDR credits that have been created; 3. Number of TDR credits that have been applied to construct residential units. D. Future Street Network: 1. Mapping of street network overlaid on conceptual TVC Street Network for 2030 (see Figure 4-12) 4.05.00. ST. LUCIE COUNTY RURAL LAND STEWARDSHIP AREA OVERLAY ZONE a MSta't lWap "Exh'1U3;E A6' from►Orj. 6-A -C D 4.05.01. Purpose and Intent. The intent of the Rural Land Stewardship Area (RLSA) Overlay Zone is to protect and conserve natural resources and retain and promote agriculture by promoting sustainable mixed -use development as an alternative to low -density single use development, and provide a system of compensation to private property owners for the elimination of certain land uses in order to protect and conserve natural and cultural resources, Open Space and agriculture in exchange for transferable Credits that can be used to entitle such sustainable development. The strategies herein are based on Florida's Rural Land Stewardship Act, pursuant to Florida Rural Land Stewardship Statute, F.S. § 163.3177(llXd). The RLSA Overlay Zone shall include St. Lucre County Land Development Code Revised through OW30/08 4:49 Adopted August 1, 1990 4.05.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE including structures), easements for underground utilities, and water retention and manage- ment areas. Buildings shall not be counted as part of any Open Space calculation. Vehicular use surface areas of streets, alleys, driveways, and off- street parking and loading areas shall not be counted as part of any Open Space calculation. Pathway. A defined corridor for the primary use of non -motorized travel. Post -Secondary Institution Ancillary Uses. Any use or facility owned by a public or private post -secondary institution. Preliminary SRA Credit Agreement Memorandum. A memorandum that states that an SRA Applicant and the County shall enter into a Preliminary SRA Credit Agreement for those Stewardship Credits needed to develop that portion of an SRA that is the subject of a Preliminary Development Agreement with the Florida Department of Community Affairs for purposes of the Development of Regional Impact program. Such memorandum shall contain the same information as required for an SRA Credit Agreement Memorandum. Public Benefit Uses. Public benefit uses include public and private schools (pre-K 12); public or private post -secondary institutions; Post Secondary Institution Ancillary Uses; Adequate Affordable or Workforce Housing; cultural facilities; future transportation corridors inching transit; community parks exceeding the minimum requirement of two hundred (200) square feet per dwelling unit; regional parks; agricultural, environmental or natural resource research centers; and governmental facilities or similar community service uses as determined by the BOCC in its approval of an SRA application. RLSA -All gPVS _No 71f Overlay ap. The map entitled "St. Lucie County Rural Land Stewardship Area Overlay Map,' which identifies those areas classified as HYSA, HSA, WRA, and Open (RLSA 5h -Ail (aotns 4Nw Overlay Zone. St. Lucie County Rural Land Stewardship Area Overlay Zone. The area generally depicted on the Future Land Use Map and specifically depicted on the Official Zoning Atlas Map as the Rural Land Stewardship Area Overlay. WA 2bwn. Towns are a form of SRA and are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. 11owns have high level services and infrastructure which support development that is sustainable, mixed use, walkable, and provides a balance of land uses to reduce automobile trips and increase livability. Tbwns are comprised of several neighborhoods that have individual identity and character. RLSA Village. RLSA Villages are a form of SRA and are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular RLSA Village. RLSA Villages are comprised of residential neighborhoods and shall include a mixed -use village center to serve as the focal point for the community's support services and facilities. Rural. Lands located outside of the Urban Service Boundary area identified as AG-5 or AG-2.5 in the Future Land Use Element of the St. Lucie County Comprehensive Plan. St. Lucie County Land Development Code Revised through 06/30/08 4;54 Adopted August 1, 1990 SPECIAL DISTRICTS 4.05.08 B. Aerial photograph delineating the area being designated as an SRA; f. Natural Resource Index Map of area being designated as an SRA, g. Documentation to support a change in the related Natural �YiApVI. Resource Index Value(s), if appropriate. brarkLK 5. "+'[Cultural Resources Assessment Surley.KA cultural resources assess- ment survey, addressing on -site archaeological and historic resources, which has been found sufficient by the State Historic Preservation Officer pursuant to Chapter 1A-46, Florida Administrative Code. 6. SRA Plan. and Master Plan. An SEA Plan and Master Plan shall be prepared and submitted by the applicant as part of the SRA Applica- tion Package. The SRA Plan and Master Plan shall be consistent with the requirements of Subsection 4.05.08.E. 7. SRA Public Facilities Impact Assessment Report. An Impact Assess- ment Report shall be prepared and submitted by the applicant as part of the SRA Application Package. The SRA Impact Assessment Report shall address the requirements of Subsection 4.05.08.H. 8. SRA Economic Assessment Report. An Economic Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application Package. The SRA Economic Assessment Report shall address the requirements of Subsection 4.05.08.I. 9. SRA Credit Agreement. a. Any applicant for designation of an SRA shall enter into an SRA Credit Agreement with the County. b. The SRA Credit Agreement shall contain the following informa- tion: (1) The number of SSA Credits the applicant for an SRA designation is utilizing and which shall be applied to the SRA land in order to carry out the plan of development on the acreage proposed in the SRA Plan. (2) A legal description of the SRA land and the number of acres; (3) The SRA master plan depicting the land uses and identify- ing the number of residential dwelling units, gross leaseable area of retail, office and other non-residential square footage and other land uses depicted on the master plan; (4) A description of the Credits that are needed to entitle the SRA land and the anticipated source of said Credits; (5) The applicant's acknowledgment that development of SRA land may not commence until the applicant has recorded an SRA Credit Agreement Memorandum in the Official Records of the St. Lucie County; and St Lucie County Land Development Code Revised through OW0108 4:77 Adopted August 1, 1990 SPECIAL DISTRICTS 4.05.08 (b) Internal realignment of rights -of -way, other than a reloca- tion of access points to the SRA itself, where water manage- ment facilities, preservation areas, or required easements are not adversely affected; (c) Reconfiguration of parcels when there is no encroachment into the preservation areas or lands with an Index Value of 1.4 or higher; and, (d) Any other changes authorized by the BOCC in the Ordi- nance designating the SRA and approving the SRA Plan and Master Plan, provided they do not materially change the character of the SRA. c. Relationship to Subdivision or Site Development Approval. Approval by the Growth Management Director or designee of a minor change or refinement may occur independently from, and prior to, any applica- tion for subdivision or site plan approval. However, approval of the minor change shall not constitute authorization for development or implementation of the minor change or refinement without obtaining Vtuk all other necessary County permits and ap als. iD�-keJ'' dl. (Process for Minor Change or Refanemenf a process to be followed for any minor change or refinement to an SRA shall be in accordance with County procedures as outlined in Chapter 11. E. SRA Plan and SRA Master Plan. Data supporting the SRA designation and describing the SRA application shall be in the form of an SRA Plan that shall consist of the information listed below, unless determined by the Growth Management Director or designee at the pre -application conference to be unnecessary to describe the develop- ment strategy. The SRA Master Plan will demonstrate that the SRA complies with all applicable Comprehensive Plan policies and the RIBA Overlay Zone and is designed so that incompatible land uses are directed away from lands identified as HYSA9, HSAs, and Conservation Lands as designated on the RLSA Overlay Map (RLSA Figure 1). 1. The SRA Plan and SRA Master Plan shall be prepared by an urban planner who possesses an AICP certification, together with a qualified environmental consult- ant and the following: Aprofessional engineer (RE.) with expertise in the area of civil engineering licensed by the State of Florida and a registered landscape architect licensed by the State of Florida. 2. SRA Master Plan Content. At a minimum, the master plan shall include the following elements: a. The title of the project and name of the developer; b. Scale, date, north arrow; C. Boundaries of the subject property, HSAs, HYSAs, and WRAs located within or adjacent to the SRA, all existing roadways within and adjacent to the site, watercourses, and other important physical features within and adjoining the proposed development; St. Lucie County Land Development Code Revised through 0&30108 4:81 Adopted August 1, 1W 4.06.08 ST. LUCIE COUNTY LAND DEVELOPMENT CODE C. Centralized or decentralized community water and wastewater utilities are required in RLSA Towns and RLSA Villages. Centralized or decentralized community water and wastewater utilities shall be constructed, owned, operated and maintained by St. Lucie County Utilities or another govern- mental utility provider per an interlocal agreement with the County. As the RLSA Overlay, pursuant to F.S. 3 163.3177(llxd), is outside the County's urban services boundaM and RLSA Towns and RLSA Villages will therefore be outside the CounWs urban services boundaries, such water and waste- water utilities 9MM be included in the County or other governmental utility service territory without the requirement to move the urban services boundary. Developer shall have the option of designing, permitting, and constructing the water and wastewater utility within the RLSA Overlay, for the benefit of the County, using innovative financing vehicles to fund or provide satisfactory reimbursement for the developer's investment and Unreimbursed expenses in design, permits, construction, infrastructure, impacts and requirements, including but not limited to community devel- opment districts, or voluntary assessment units. The water and wastewater utility shall be con yed to the County upon receipt of the appropriate operating perxAMe provision of water and wastewater utilities in the RLSA Overlay shall not be delayed by any potential future consolidation of utilities in St. Lucie County into a regional utility system. Innovative or alternative water and wastewater treatment systems, such as decentralized community treatments systems, shall not be prohibited by this policy, provided that they meet all applicable regulatory criteria. Individual potable water supply wells and septic systems, limited to a maximum of one hundred (100) acres, are permitted on an interim basis until services from a centralized/decentralized community system are available. Individual potable water supply wells and septic systems may be permitted in CRDs. Any potable water systems shall meet Department of Environmental Protection standards. Any septic systems shall meet Department of Health standards. Central water and wastewater services shall not be provided beyond the RLSA boundary except as authorized by the Comprehensive Plan. d. Although water, sewer and other utilities may run through areas outside the RLSA boundary, or as part of a regional system, no connection to such services outside the RLSA Overlay is allowed unless those properties are also included in the RLSA boundary except as authorized by the Compre- hensive Plan. e. Although no restrictions shall be placed on adjacent lands not within the RLSA boundary, the County shall, within two (2) years of the adoption of the RLSA Overlay, establish additional incentives for property outside any SRA boundary, to provide buffers, greenways and other separations to any established SRA. St. Lucie County Land Development Code Revised through 06/ US 4:98 Adopted August 1, 1990 4.12.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE MAP A JENKINS ROAD PLAN ROAD SYSTEM E:M ► V je- / qoo ' a L: � ...r..u... yr 71 �► D t is p s �I_'sI� ���"� �E Rrd C .—.� _ s ! •0 � AkWwis Q AwWAk M Y Rod O IL x - _ 100000 14 G wr B. Required road design cross sections: The required minimum standard cross sections for use in designing a road within the Jenkins Road Area Plan Special District are as follows: 1. JenkinWraylor Dairy Road between the eidsting Jenkins Road at its interSubsection with Orange Avenue through the Jenkins Road Area Plan Special District to its interSubsection with Orange Avenue at Taylor Dairy Road: St. Lucie County Land Development Code Revised through 06/8 M 4:106 Adopted August 1, 1990 4.12.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE parking permitted w satisfy minimum parking requirements for commercial and mixed -use villages shall be no more than six hundred (600) feet by pedestrian route from the building or buildings served. Such on -street parking is required to be approved by the Board of County Commissioners as part of a Planned Development, and must be permitted by issuance of a right-of-way use permit from the Department of Public Works. E. Minimum Design and Construction Standards for Roads and Trails. 1) Standards incorporated by reference: The following standards are incorporated herein by reference, all other standards herein and in the St. Lucie County Land Develop- ment Code are supplementary to, and not in lieu of the referenced standards: a. The latest edition of the Manual of Uniform Traffic Control Devices; b. The latest edition of the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, Florida Department of Transportation (hereafter also referred to as the "green book'; C. Transportation and Land Development, 2nd edition, Vergil G. Stover and Frank AJ. Koepke, Institute of 7}ansportation Engineers, ISBN 0-935403-68-Y; and d. The latest edition of the Site Impact Handbook, Florida Department of Trans- portation. 2) Traffic Impact Analysis and allocation of costs: The evaluation of road facilities impacts of proposed PUD, PNRD, PMUD, subdivisions, and site plans shall use the steps and methodology provided in the FDOT Site Impact Analysis Handbook, which shall be the standard professionally acceptable methodology. Whenever possible, impacts shall be measured using a detailed subarea analysis appropriately designed to measure site impacts using a refinement of the Metropolitan Planner Organization adopted version of the Florida Standard Uniform Transportation Modeling Structure. A methodology meeting shall be held with the applicant's traffic engineer and county staff, including any county traffic planning/engineering consultants, to ensure agree- ment on the details of the analysis and report proposed to be prepared by the applicant's traffic engineer/planner (reference. F.S. § 163.3180(10), as amended by Chapter 2005-290, Laws of Florida). 4.12.04. Future Land Use Map Amendments Permitted within the Jenkins Road Planning Area. Future Land Use Map amendments that may be considered for approval in the Jenkins Road Planning Area without first obtaining an amendment to this Subsection 4.12.00, et. seq., are shown in the shaded areas on the following Map B. In addition, the following areas may be changed to MXD or a mixed office%ommercial/residential district, should a new mixed use district be added to the Comprehensive Plan: A. Preels of land abutting the southeast and southwest corners of interSubsection of Angle Road and Taylor Dairy Road, and St. Lucie County Land Development Code Revised through OW0108 4:110 Adopted August 1,1990 SPECIAL DISTRICTS 4.12.05 B. trcels in the area bounded by Orange Avenue on the south and Canal No. 44 (Floyd Johnson Road) on the north and the I-95 interchange area on the west and Jenkins Road on the east. Light Industrial shall be permitted on those parcels that adjoin the north property lines of existing industrial development or zoning north to a line running easttwest along the extension of Selena Avenue, as shown in Map A, and not east of Jenkins Road. MAP B PERMITTED FUTURE LAND USE MAP AMENDMENTS 4.12.05. Permitted Zoning and Rezoning. The existing zoning map of the Jenkins Road Planning Area as of the effective date of this ordinance is permitted_ All future zoning changes shall be by application for approval of a Planned Development or Planned Unit Development zoning district, unless this Subsection 4.12.00 et seq., is first amended to permit other types of zoning changes. All proposed zoning and development is required. to be consistent with the adopted comprehensive plan, and compatible with surrounding existing and proposed development. *A. Permitted Rezoning. Permitted Rezoning to Planned Mixed Use Development, or any other permitted mixed use planned unit development is permitted in the areas shown around the perimeter of the planning area along Kings Highway and Orange Avenue on Map C: thin 06/90/08 St. Lucie County Land Development Code Revis�4:111 Adopted August 1, 1990 4.12.05 ST. LUCIE COUNTY LAND DEVELOPMENT CODE MAP C JENKINS ROAD PLANNING AREA MIXED USE INDUSTRIAL, AND COMMERCIAL ZONING AREAS AND ROAD NETWORK q 1_ L w The parcels zoned AG-1 on Map C within the planning area adjacent to the east right-of-way line of Kings Highway may be rezoned Light Industrial, Planned Commercial Development or Planned Mixed Use Development, as those zoning districts may be amended from time to time. The parcels zoned AR-1 or RS-2 on Map C within the planning area north of Orange Avenue, south of Canal No. 44, and west of Jenkins Road may be rezoned to a Planned Mixed Use district that would allow light industrial in the area south of the east/west line formed by Selena Avenue. The parcels zoned AR-1 or RS-2 on Map C that lie east of I-95, south of Canal No. 44, north of Orange Avenue, and west of the north/south line formed by Canal No. 29 may be rezoned to a planned development zoning district that allows mixed office%ommercial land uses and which may include a substantial residential component in the mix of uses, provided appropriate measures are included to provide for compatibility of the proposed mix of uses. The parcels at the southwest and southeast corners of the interSubsection of Taylor Dairy Road/Jenkins Road and Angle Road may be rezoned as a Planned Nonresidential Development or a Planned Mixed Use Development, as those mixed use districts may be amended from time to time, for the specific purpose of creating a Traditional Neighborhood Design mixed use Commercial Village, in accordance with the standards of this Subsection 4.12.00, et. seq., and any other relevant, standards of the Land Development Code, as they may be amended from time to time. St. Lucie County Land Development Code Revised through 000/08 4:112 Adopted August 1, 1990 SPECIAL DISTRICTS 4.12.06 The remaining area of Map C shall be amended to be predominantly residential development by application for Planned Mixed Use Development, Planned Nonresi- dential Development, and/or Planned Unit Development, as those zoning districts may be amended from time to time, to permit development in accordance with the standards of this Subsection 4.12.00, and the standards of the applicable planned district, in accordance with the adopted comprehensive plan, as they may be amended from time to time. B. Jenkins Road Planning Area Development Standards. All proposed rezoning applica- tions within the area designated in Subsection 4.12.05A as potential Commercial Village or as predominantly residential planned development north of an east -west line rmning through canal C-44 shall be required to meet the development standards in Subsection 4.12.06. All development in the Jenkins Road Planning Area shall meet the road and trail standards in Subsection 4.12.06 and all other requirements in the other sections of the Jenkins Road Planning Area Special District. Site and building design in the remaining areas shall be compatible with the development in the predominantly residential and commercial village areas north of an east -west line running through canal C-44. 4.12.06. Jenkins Road Planning Area Land Use Regulations. A Purpose and Intent. The JENEWS ROAD PLANNING AREA Special District Zoning 'Rt MV VG Map Overlay is designed to ensure the development of land along the lines of traditional M" me$ neighborhoods. Its provisions adapt the urban conventions which were normal in the United States from colonial times until the 1940's. The JENKINS ROAD PLANNING AREA ordinance prescribes the following physical conventions: 1. The neighborhood is spatially understood and limited in size, and is defined in the planned development regulations in this section. 2. Residences, shops, workplaces, and civic buildings are interwoven within the neigh- borhood, all in close proximity. 3. A hierarchy of streets serves equitably the needs of the pedestrian, the bicycle and the automobile. 4. Carefully placed civic buildings, squares, and greens reinforce the identity of the neighborhood. 5. Spatially defined squares, parks, and greens provide places for social activity and recreation. 6. Civic buildings provide places of assembly for social, cultural and religious activities, beconung'symbols of community identity through their architectural clarity. 7. Private buildings form a disciplined edge, spatially delineating the public street space and the private block interior. St. Lucie County Land Development Code Revised ttroug5 V613W8 4:113 Adopted August 1, 1990 SPECIAL DISTRICTS 4.12.06 b. Artisanal use. C. Bakeries (retail). d. Banks. e. Dance studios. f. Dog and pet hospitals in air conditioned buildings. g. Dry cleaning and dyeing establishments (retail). h. Gasoline service stations. i. Health and exercise clubs. j. Interior design shops. k. Medical equipment and supplies. 1. Office supply stores. m. Office buildings. n. Post office substations and police substations. o. Photography labs. p. Pottery shops. q. Printing shops. r. Residential use shall be permitted on the second and/or third floor above workplace use. A second floor residential unit must provide access to people with disabilities. S. Restaurants excluding drive-in service. t. Other similar uses as approved by theRirector. (b) Land allocation. Grmvft'�IA��+'1� (1) Workshop use lots shall constitute a minimum of three (3) percent and a maximum of seven (7) percent of the gross area of the neighborhood proper. (2) Workshop use lots shall not be within three hundred (300) feet of the geometric center of the neighborhood proper or the mandatory square or green. (3) All workshop use lots shall be contiguous and located within one (1) area with no intervening uses, provided however, in planned developments exceeding one hundred (100) acres in size, two (2) workshop use areas shall be permitted. (c) Lots and buildings. (1) Buildings on workshop use lots shall have a setback of zero (0) or five (6) feet from the frontage line. The setback at street intersections shall not exceed five (5) feet from the frontage line and the side street line. (2) Street -front entries shall be at grade to allow access for people with disabilities. St. Lucie County Land Development Code Revised through 06/30/08 4:133 Adopted August 1, 1M SPECIAL DISTRICTS 4.12.09 C. Cumulative changes. Changes to a site or site lighting that equal or exceed the fifty (50) percent of threshold in paragraph a. within three (3) years from the date of the first change shall comply with paragraph a. d. Resumption of use after abandonment. If a property or use with non -conforming lighting is abandoned as defined below, then all outdoor lighting shall be reviewed and brought into compliance with this Subsection before the use is resumed. e. Roadways. County and municipal lighting for public roadways is exempt from the provisions of this section. (3) Compliance. No lighting shall hereafter be located, added, converted or structurally/ mechanically altered without full compliance of the terms of this article and other applicable regulations. �rcpere�n of (4) Environmental considerations. Prior to pmpase a lighting plan, developer(s) and/or landowner(s) shall identify if there are any light sensitive wildlife species on site, which are listed as federal or state endangered species, threatened species, or species of special concern. For example, navigating primarily by the stars, night -migrating birds become disoriented by street and development project lights resultingcollisian with buildings or lakes. Upon the presence of light sensitive wildlife, the deve�i and/or landowner(s) shall have a responsibility to arrange an appropriate lighting plan. a. The height of any lighting standard or supporting structure shall be limited to the height of the main building structure. b. All lights shall have a shield toward the nesting area of the protected wildlife. (5) Greater restrictions. Where this Subsection and other regulations conflict, whichever imposes the more stringent restrictions shall prevail. (6) Interpretation. In the interpretation and application of this Subsection all provisions shall be (1) liberally construed in favor of the county; and (2) deemed neither to limit nor repeal any other powers granted under state statutes. The enforcement official or his/her designee shall interpret this section. Disagreements with the decisions of the enforcement official shall be appealed to the development review committee. Disagree- ments with the decision of the development review committee shall be appealed to the county's special master. (d) Provisions for Lighting .Design. (1) General standards. a. Light trespass. 1. In no case shall illumination from a property increase the level of illumina- tion at property lines by more than half (0.5) fc. St. Lucie County Land Development Code Revised through OWSO108 4:141 Adopted Au" 1, 1990 SPECIAL DISTRICTS 4.12.09 2. In any cases, lighting for paths shall be a minimum of one -quarter fc, which is the IESNA Security Lighting Committee recommendation for facial identification. The minimum vertical illumination should be one-half fc. 3. All the paths including pedestrian ways and bikeways within commercial/ industrial/office development sites and their abutting right-of-way shall be equipped with lighting at developer(s) or abutting property owner's sole cost and expense. 4. The light fixture/luminaire shall be decorative in appearance, style and finish. h. Lumen calculation: 1. One hundred (100) percent of the lumens from outdoor light fixtures installed at grade, on poles, and installed on the top or sides of buildings or other structures, when not shielded from above by the structure itself. 2. FUR cutoff light fixtures installed under canopies and less than one (1) fc, building overhangs, or roof eaves shall not be counted in determining the lumen caps. In any cases, no light source shall be visible at the property line. 3. 50 percent of the lumens from underwater light fixtures unless the fixture is aimed at an angle of less than forty -five -degree above the horizontal, in which case the lumens shall be calculated at ten (10) percent of the lumens. i. Multi -use lighting must conform to the shielding and timing restrictions, if any, that apply to the most restrictive included use. '4YK0 V t (2) Elevated standards. brvj Js a. 7i(Categories of light fractures.] St. Lucie County hereby is regulating the heights of light fixtures to provide effective and efficient lighting provisions while improv- ing comprehensive aesthetic appearance of Dsbw&. Categories of light fixtures shall be as below: St. Ludt. (Atn+Y 1. The height of low-level landscape lights shall be less than ten (10) feet. Light sources are usually below eye level, so glare shall be controlled by maximum shielding. (i) Lamps may be incandescent, compact fluorescent, induction, mercury vapor, metal halide, or high-pressure sodium. (U) Low -wattage capabilities, with limited intensities. (W) Substantial variety, with some sizes and shapes fitting within modules of finished materials (brick, etc.) (iv) Finite light patterns, with directing capabilities. (v) Low maintenance requirements but high susceptibility to vandalism. 2. The height of intermediate -height landscape lights shall be within the ranges of eleven (11) to fifteen (16) feet. It shall generally be used in or around pedestrian pavements, and considered pedestrian in scale. W Lamps may be incandescent, compact fluorescent, induction, mercury vapor, metal halide, or high-pressure sodium. St. Lucie County Land Development Code Revised Hugh O/W08 4:143 Adopted August 1, 1990 SPECIAL DISTRICTS 4.12.09 for professional level of play (e.g. college, semi-professional, profes- sional or national levels) shall utilize luminaires with minimal uplight consistent with the illumination constraints of the design. Where fully shielded fixtures are not utilized, acceptable luminaires shall include those which: i. Are provided with internal and/or external glare control louvers or lenses and installed so as to minimise uptight and ofisite light trespass and glare, and; ii. Are installed and maintained with aiming angles that permit no greater than five (5) percent of the light emitted by each fixture to project above the horizontal. (iii) Illuminance: All lighting installations shall be designed to achieve no greater than the minimal illuminance levels for the activity as recom- mended by the Illumination Engineering Society of North America (IESNA RP-6). (iv) Off -site spill: The installation shall also limit off -site spill (off the parcel containing the sports facility) to the maximum extent possible consistent with the illumination constraints of the design: A design goal of one-half fc at any location on any adjacent property lines shall be achieved. (v) Certification: Every such lighting system design and installation shall be certified by a registered engineer as conforming to all applicable restrictions of this section. 2. Outdoor display lots. U) Outdoor display lots shall not exceed one hundred thousand (100,000) lumens per acre (average two and three -tenths (2.3) fc). 0i) Shielding. All display lot lighting shall utilize filly shielded luminaries that are installed in a fashion that maintains the fully shielded characteristics. (iii) Display light lighting shall be installed such that glare from the luminaire is not visible from residential properties. (iv) Illuminance: the display lot shall be designed to achieve no greater than the minimal illuminance levels for the activity as recommended by the Illumination Engineering Society of North America (IESNA RP-33). (v) Off -site spill: the display lot shall limit off -site spill (off the parcel containing the display lot) to a maximum of a one-half fc at 0.0s location on any non-residential property, and a point zero five (5 fe at any location on any residential property, as measurable from any orientation of the measuring device. Revised through 06/30ft 4:145 3t. Lucie County Land August 1. Code Adopted August 1, 1990 CHAPTER V ADEQUATE PUBLIC FACILITIES 5.00.00. Adequate Public Facilities 5.00.01. Purpose. 5.00.02. Findings. 5.00.03. Authority and Applicability. 5.01.00. Definitions 5.02.00. Procedure 5.03.00. Development not Subject to the Requirements of Chapter V, Adequate Public Facilities 5.03.01. [Exemptions.]—ntrwWf- bmLkCt1 azalptimS vy-om -t� axa4 6.03.02. Exempt Permits. 5.03.03. Certificate of Capacity Exemption. 5.03.04. Concurrency Test for Exempt Development. 5.04.00. Change of Use 5.05.00. Demolition or Termination of Existing Land Use 5.06.00. Level of Service Standards 5.06.01. Establishment of Level of Service Standards. 5.06.02. Certificate of Capacity Based on Developer Funding of Costs and Expenses for all Required Improvements. 5.06.03. Measurement of Road Capacity. 5.06.04. Required Determination for Roads. V5.01.00. 5.07. Proportionate Fair Share Transportation Impact Mitigation 5.08.00. Review of Development Orders 5.08.01. Application for Certificate of Capacity. 5.08.02. Requirements for Certificate of Capacity. 5.08.03. Concurrenby Test. 5.08.04. Certificate of Capacity. 5.08.05. Effect of a Development Agreement in Conjunction with a Certificate of Capacity. 5.09.00. Variances 5.09.01. Certificate of Capacity Variance. St. Lucie County Land Development Code Revised through 06/3Q" 5:1 Adopted August 1, 1990 ADEQUATE PUBLIC FACILITIES 5.00.00. ADEQUATE PUBLIC FACHJTIES 5.00.01. Purpose. 5.00.02 This Chapter is needed: A. Zb implement the goals, objectives, and policies including the level of service standards f-- in the St. Lucie County Comprehensive Plan that necessary public facilities and r services be available concurrent with the impacts of development. y B. To ensure that Development Orders and permits will be issued in a manner which will 4--- not result in a reduction of the level of service below the adopted level of service k standards in the St. Lucie County Comprehensive Plan, as it may be amended from 4-- time to time. C. lb adhere to and implement the Schedule of Capital Improvements in the St. Lucie f- County Comprehensive Plan and other capital improvements as necessary to maintain 4- the level of service standards in this Code. D. 1b adopt reasonable land development regulations in furtherance of the public benefit 4--- while at the same time ensuring that property owners have a reasonable, beneficial, 4`— and economic use of property. 5.00.02. Findings. A. The standards and requirements of this Chapter for transportation facilities are necessary for the safety of the public because the number of accidents resulting in property damage and Wury increases as the congestion increases on roads, and that the fire, rescue, and law enforcement response times and disaster evacuation times increase as congestion increases on roads. B. The standards and requirements of this Chapter for potable water, sanitary sewer, solid waste, and stormwater management facilities are necessary for the health, safety and welfare of the citizens of St. Lucie County and the protection of the environment and natural resources of St. Lucie County. C. The standards and requirements of this Chapter for park facilities are necessary for the health, safety, welfare and enjoyment of the citizens of St. Lucie County. D. F.S. § 163.3161 et seq., establishes the Florida Local Government Comprehensive Planning and Land Development Regulation Act (hereinafter "the Act"). E. The Act mandates that each local government in the State of Florida adopt a Compre- hensive Plan to guide and control future development, and authorizes and requires the adoption of land development regulations. F. The Board of County Commissioners of St. Lucie County, pursuant to the Act, F.S. Ch. 125, and Ch. 75-390, Laws of Fla., as amended, adopted St. Lucie County Ordinance No. 90-1, adopting a revised Comprehensive Plan for St. Lucie County, which plan was amended on March 5, 2002 by Ordinance 02-008 and January 6, 2004 pursuant to a compliance agreement. St. Lucie County Land Development Code Revised through 06/3" 5:3 Adopted August 1, 1W ADEQUATE PUBLIC FACILITIES 5.01.00 Land Development Code: Those portions of the County Code that the county is obligated to adopt and enforce pursuant to F.S. Ch.163, which regulate the development and/or use of real property and that are consistent with and implement the adopted Comprehensive Plan pursuant to the requirements of F.S. § 163.3202. ?bwk X Large Development Projects: Development projects that equal or exceed sevent;A7aI of the Development of Regional Impact thresholds established by the Treasure Coast Regional Planning Council, and in effect on September 11, 2006. LOS. Level of service standard, which is the measurement indicating the degree of service provided by, or proposed for, a designated public facility based on, the operational character- istics of such facility. Level of service shall indicate the capacity per unit of demand for each. public facility or service for which a Level of Service Standard is adopted. Mitigation plan: A plan or proposal by the applicant for a project by which the applicant proposes to improve or undertake improvements to the public facilities and services to mitigate the impacts of the applicant's project. PM peak hour peak directional trips. The vehicle trips in the direction of higher travel demand on a road during the evening peak commuting period. Project. The particular lot, tract of land, project or other development unit for which the applicant files an application under this article. Project trip: A new vehicle trip that begins or ends within the project and that uses one (1) or more off -site roads, or on -site public roads. Proportionate Fair Share Agreement: An agreement in a standard form provided by the Director of Growth Management and approved for legal sufficiency by the County Attorney setting forth the terms, dollar amounts, due dates, and such other information as may be required regarding proportionate fair share contributions acceptable to the County and agreed to by applicants as conditions of approval of land development applications. Proportionate Fair Share Agreements will only be used in situations where developer contributions are being made as mitigation for capital improvements that are required to address the impacts of the development, and that are already included in the adopted Comprehensive Plan 5-Year Capital Improvements Program. Proportionate Fair Share Agreements shall not be used to provide funding for any capital improvement that is not already scheduled in the adopted Comprehensive Plan 5-Year Capital Improvements Program, such improvements may be subject to proportionate fair share contributions through the completion of Development Agreements pursuant to F.S. § 163.3321. A proportionate fair share clause may be inserted into a development agreement when the proportionate fair share is to be provided for improve- ments that are not already in the adopted Comprehensive Plan 5-Year Capital Improvements Program. Public facilities and services. Those public facilities and services for which level of service (LOS) standards have been established in the adopted Comprehensive Plan, and are recognized in this article, and which include the following: (1) Roads; St, Lucie County band Development Code Revised through 06/30/08 5:9 Adopted August 1, 1990 ADEQUATE PUBLIC FACILITIES 5.03.01 3. FDOT Project Traffic Forecasting Handbook, latest edition. 4. FHWA Urban Boundary and Federal Functional Classification Handbook, latest edition. 5. FDOT Site Impact Analysis Handbook, latest edition. 6. Institute of Transportation Engineers, Trip Generation, latest edition. 7. Institute of Transportation Engineers, Transportation and Land Development, 2nd edition. 8. FDOT Manual of Uniform Minimum Standards for Design, Construction and Main- tenance for Streets and Highways, latest edition. 9. Federal Highway Administration Manual on Uniform Traffic Control Devices. 10. FDOT Rule 14-94, Minimum Statewide Level of Service Standards. In the event of a conflict between standards in the above professional references with one another or with this Code, the more restrictive standard shall apply, unless otherwise determined by a Florida Licensed Professional Engineer with expertise in the field of Transportation Engineering who is on the County staff or who is retained by the County as a consultant. 5.03.00. DEVELOPMENT NOT SUBJECT TO THE REQUIREMENTS OF CHAPTER V, ADEQUATE PUBLIC FACILITIES 5.03.01. [Exemptions.I----- RArko'14L b The following shall be exempt from the provisions of this Chapter. A. A Final Development Order issued on or before August 1, 1990, if. 1. The construction authorized by the Final Development Order has lawfully commenced before the Development Order expires according to its terms; and 2. The construction continues lawfully, without interruption and in good faith until it is complete. If the Final Development Order expires, any further development shall be in conformance with the requirements of this Chapter and all laws in effect at that time. 3. The commencement of development of any phase of a phased development within three (3) years of the date of issuance of the Certificate of Capacity for that phase. The commencement of the development of a phase of any development more than three (3) years after the date of issuance of the Certificate of Capacity approving the phase shall require an application for a new Certificate of Capacity and a new Concurrency Test. Mitigation of all concurrency deficiencies associated with the commencement of the phase which is the subject of the new Certificate of Capacity application shall be required as herein provided. Revised 06/30/b8 St. Lucie County Land Development Code 5:11 Adopted August 1, 1990 u 5.03.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 4. There is proof that: a. Extensive obligations or expenses (other than land purchase costs and payment of taxes) including, but not limited to, legal and professional expenses related directly to the development have been incurred or there has otherwise been a substantial change in position. The development of all or part of the infrastructure of the project or phase, or the clearing of land, creation of a building pad, and full or substantial installation of under- ground improvements or building foundations shall be prima facie evidence that extensive obligations and expenses have occurred; and b. Such obligations, expenses and change in position were lawfully permitted and undertaken by the property owner in good faith reliance on the actions taken by the county, and C. It would not be equitable to deny the property owner the opportunity to complete the project based on the project's effects on the levels of service as adopted by the comprehensive plan and implemented through the county concurrency management system. B. A Development Order for a Development of Regional Impact adopted on or before August 1, 1990, unless the Development Order: 1. expressly states otherwise; 2. expires according to its terms; 3. has not expired according to its terms and construction authorised by the Development Order has not commenced within five (5) years of the adoption date of the Development Order;. , 4. fails to address the provision of any public facility, in which event the provisions of the Comprehensive Plan and this Code, as amended shall apply only to that issue that was not addressed, but shall not apply to other issues specifically addressed in the Development Order; 5. is amended to create a substantial deviation as defined by F.S. $ 380.06; or 6. is invalidated in whole or in part. C. Development that is vested pursuant to Section 11.09.00, except that adequate public facilities concurrency management for vested phased development shall either be in effect or expired pursuant to Subsection 5.03.01A.3 herein. D. h Construction of public facilities that are identified in the Capital Improvement Element of the St. Lucie County Comprehensive Plan and are required in order to achieve level of service standards for those facilities identified in Section 5.03.00; and public schools are exempt until such time as a countywide school concurrency management system is adopted and in effect as required by law. Construction of public facilities that are identified in the Capital Improvement Element of the St. Lucie County Comprehensive Plan other than those public facilities that are exempt pursuant to Subsection D. above and which need to be constructed because of an emergency as determined by the Board of County Commissioners. Revised through OWO/08 St. Lucie County Land Development Code 5:12 Adopted August 1, 1990 ADEQUATE PUBLIC FACILITIES 5.06.01 provisions of this article; provided, however, that in connection with such proposed change, redevelopment or modification, all other applicable provisions of the County Code must be met, and the unused capacity shall be returned to the capacity bank for the affected public facility or facilities. There will be no refunds of any mitigation fees or impact fees collected from the applicanttdeveloper/owner or their representatives, heirs, successors or assigns due to the reduction in impacts as a result of a change in use associated with an approved land development project for which a final develop- ment order has been issued. C. Definition of "previous use.' For purposes of this section, the term "previous use shall mean either: a. The use existing on the site when a concurrency evaluation is sought; or b. If no active use exists on the site at the time when a concurrency evaluation is sought, then the most recent use on the site within the two-year period immediately prior to the date of application. The applicant shall provide evidence which establishes the existence of such use. Such evidence must include, but shall not be limited to, utility records, phone bills, income tag returns, tax bills, occupational licenses, and unrelated party affidavits. 5.05.00. DEMOLITION OR TERDOIATION OF EXISTING LAND USE In the case of demolition of an existing structure or termination of an existing use in conjunction with plans for redevelopment, the concurrency evaluation for future development shall be based upon the new or proposed land use as compared to the land use existing at the time of such demolition or termination. If the existing or prior land use is one that was exempt 5ps ,pl from the requirements of Chapter V, Ad uate Public Facilities, pursuant to the exemptions 5.03.E P� inSectron�6�AA•or Sects and the existing use is not located in a designated urban infill or redevelopment area, a concurrency evaluation for future development or redevelopment shall be based on the new or proposed land use with no credit for the existing or prior land use. Credit for prior use shall not be transferable to another parcel. Credit for prior use must be utilized in connection with a redevelopment of the site within two (2) years following the demolition of the existing structure or termination of the existing use, whichever first occurs. Credit for prior use shall be deemed extinguished in the event such credit is not utilized in connection with the issuance of a building permit or a certificate of capacity and development order within two (2) years following the date of issuance of the demolition permit for the subject property, or the termination of the existing use, whichever first occurs. 5.06.00. LEVEL OF SERVICE STANDARDS 5.06.01. Establishment of Level of Service Standards. For the purpose of issuing a Certificate of Capacity, the level of service standard for roads, potable water facilities, sanitary sewerage facilities, solid waste facilities, stormwater man - St. Lucie County Land Development Code Revised through OW0108 5:17 Adopted August 1, 1990 ADEQUATE PUBLIC FACILITIES 6.06.01 For county maintained roads and intersections within unincorporated St. Lucie County, the Level of Service Standard shall be the standard adopted in the Transpor- tation Element of the St. Lucie County Comprehensive Plan, as it may be amended from time to time. For roads and intersections having a Level of Service Standard T,,&.spalrJM-tgkd—o—pt—ed—by—tb—,e—Abopob6mManmng Organization that is different from the Level of Service Standard in the adopted St. Lucie County Comprehensive Plan, the more restrictive Level of Service Standard shall apply. For arterial and collector roads that have no Level of Service Standard in ter Transportation Element of the adopted St. Lucie County Comprehensive Plan, or the adopted Orga- nization Long Range Transportation Plan, the Level of Service Standard for concur- rency management evaluations shall be LOS E (authority: F.S. $ 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida); Developments that proposed privately owned/maintained arterial or collector roads shall be evaluated for `the functionality and safety of those roads, which shall be required to operate at a Level of Service Standard no lower than LOS E. The extension of public right-of-way, roads, multipurpose trails, or other public transportation systems through a development project shall not be interrupted by the insertion within the public system of one (1) or more privately owned or maintained links. Before determining the maximum service volume permitted on a road link, the link will be classified in accordance with FDOT criteria as rural, transitional, or urban, except that for roads that are not on the SIS, FIRS, or TRIP proposed or committed development may be considered by the Growth Management Director using the proposed site plan and road cross sections and the latest US Census housing vacancy rates and average household size to determine whether or not an affected road link should be classified rural, transitional, or urban. The capacity of intersections shall be determined in accordance with the procedures published in the latest edition of the Highway Capacity Manual. In the event of a dispute the Growth Management Director shall make the final determination. The only remedy available to an aggrieved party is to first confer with the Growth Management Director, and if the disagreement persists appeal the decision of the Growth Management Director as provided in Section 11.11.00 of the St. Lucie County Land Development Code, as it may be amended from time to time (authority: F.S. $ 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida). B. Drainage: Stormwater management systems shall not be designed or built so as to be inconsistent with the standards in Capital Improvements Element, Policy 11.1.114, St. Lucie County Comprehensive Plan, nor with the below standards: No land development will be designed or constructed in a manner that is not consistent with the adopted standards of the South Florida Water Management District, and of the Water Control District having jurisdiction over the development's discharge. St. Lucie County Land Development Code Revised through W300 5:19 Adopted August 1, 1990 ADEQUATE PUBLIC FACILITIES 5.06.01 of designing water distribution and pumping systems within the unincorporated area. Fire flow requirements shall be established by the St. Lucie County Fire District, and water systems shall be required to demonstrate adequate fire flow by providing such flow tests and other engineering documentation as the Fire District may prescribe. No Development Order or Development Permit shall be issued for any application that is subject to review pursuant to the requirements of this Chapter V, unless the St. Lucie County Fire District approves the application for the provision of adequate fire flow, or for an alternative means acceptable to the Fire District for providing fire protection. The provider of water service shall certify by letter that the necessary facilities and treatment capacity are available to the site of a proposed development no later than the date of issuance of a Certificate of Occupancy or its functional equivalent. (Reference, F.S. ¢ 163.3180(2Xa), as amended by Chapter 2006-290, Laws of Florida). D. Sanitary Seiner. Plant treatment capacity availability is to be defined by sanitary sewer service provider or through the issued septic tank permit - Capital Improve- ments Element, Policy 11.1.1.18, of the adopted St. Lucie County Comprehensive Plan, as it may be amended from time to time. The provider shall certify by letter that the necessary facilities and treatment capacity are available to the site of a proposed development no later than the date of issuance of a Certificate of Occupancy or its functional equivalent. (Reference, F.S. $ 163.3180(2Xa), as amended by Chapter 2005-290, Laws of Florida). Demand for sewage treatment for concurrency management capacity calculations and system design shall not be less than one hundred thirty (130) gallons per day per capita. E. Solid Waste. The Levels of Service for solid waste facilities are: 1. Nine and thirty-one hundredths (9.31) pounds of solid waste per capita per day available delivery and storage capacity to the County Landfill; 2. Seven (7) years of permitted landfill disposal capacity when current fill rates are used to obtain the necessary disposal capacity to accommodate effisting, commit- ted, and proposed development; 3. Thirty (30) years of landfill raw land capacity when current fill rates are applied to obtain the cumulative thirty-year capacity required to accommodate existing, committed, and proposed development. (Reference: St. Lucie County Comprehensive Plan, Capital Improvements Element, Policy 11.1.1.7) Pursuant to the requirement of the adopted St. Lucie County Comprehensive Plan, Capital Improvements Element Policy 11.1.1.27, the County shall continue to require new development to meet level of service standards for both on and off -site improve- ments, including local streets, water and sewer connection lines, stormwater manage- ment facilities, and open space. St Lucie County d Revised through 061SM8 5:21 Adopted Aug Development 1, 1990 ADEQUATE PUBLIC FACILITIES 5.06.03 Fair -Share Agreement or a Development Agreement is a Minor Amendment or a Major Amendment. Changes to approved development standards not specifically classified by the St. Lucie County Land Development Code as Minor Amendments; changes to any list of permitted land uses, buffering, or minimum building separation; and changes to the amount of developer contributions and mitigation of impacts, and any proposed change not classified by the Director of Growth Management as a minor amendment, shall not be considered Minor Amendments, and shall not be processed as Minor Amendments. The County Attorney shall review all proposed amended Proportionate Fair -Share Agreements and all proposed amended Development Agreements for legal sufficiency, and ensure that they are legally enforceable before they are resented to the Board of County Commissioners for approval. Separate agreements that are not titled Proportionate Fair -Share Agreements or Development Agreements shall not be inconsistent with the approved Proportionate Fair -Share Agreement and Development Agreement, and shall not be used to amend an approved Proportionate Fair Share Agreement or Development Agreement outside of the process herein established. 5.06.03. Measurement of Road Capacity. The Florida Department of Transportation (FDOT) Tables of Generalized Daily, Peak Hour, and Peak Hour/Peak Direction Level -of -Service Maximum Volumes will be used to determine initial highway, road and street capacities. The measurement of capacity may also be determined by substantiation in the form of engineering studies signed by a licensed Professional Engineer. Traffic analysis techniques must -be professionally acceptable and justifiable as determined by the Director of Growth Management. For Large Development Projects as herein defined (seventy (70) percent or more of the Development of Regional Impact thresholds in effect on the effective date of this ordinance), the County may requi;Wmonitoring and modeling, as defined in F.S. § 380.06, and appropriate phasing of development or development impacts to implement monitoring and modeling. Development claiming an internal trip capture rate of twenty-five (25) percent or more shall be required to be phased in terms of development units (dwelling units, site area, and/or square feet building area) or in terms of trips generated, and shall perform monitoring and modeling with successful results (no LOS failures) before it moves on to the next phase of development. Development claiming internal trip capture rates over fifteen (15) percent shall be required to justify the higher internal trip capture rate with a professionally acceptable analysis sealed by a Florida Licensed Professional Engineer with expertise in traffic or transportation engineering, which analysis is required to be reviewed and accepted by the Growth Management Director, or his/her designee. The applicant shall pay the cost of any professional engineering/planning consultant hired by the county to review the required internal capture rate study. All other applications may be required to justify internal trip capture rates, and to perform monitoring and modeling at the discretion of the Director of Growth Management, or his/her designee. St. Lucre County Land Development Code Revised through 06(30M b:23 Adopted August 1, IM 6.07.00 ST. LUCIE COUNTY LAND DEVELOPMENT CODE D. Determining Proportionate Fair -Share Obligation, 1. Proportionate fair -share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construc- tion and contribution of facilities. [Note: This language is as provided in F.S. ¢ 163.3180(16)(c)] A development shall not be required to pay more than its proportionate fair -share. The fair market value of the proportionate fair -share mitigation for the impacted facilities shall not differ regardless of the method of mitigation. [Note: This language is as provided in F.S. § 163.3I80(16)(c)] 3. The methodology used to calculate an applicant's proportionate fair -share obligation shall be as provided for in F.S. § 163.3180(12), as follows: "The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS." OR l 5 lot 6ia s4f+►I.a) Proportionate Fair -Share = S[[(Development Tripsi)/(SV Increasei)] x Cost;] Where: TCMG SubSrnPt- aha Development Trips, = Those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the CMS; SV Increase, = Service volume increase provided by the eligible improvement to roadway segment "i" per Subsection E.; Cost; = Adjusted coat of the improvement to segment "i". Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, plannring, engineering, inspection, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred. 4. For the purposes of determining proportionate fair -share obligations, the Director of Growth Management shall determine improvement costa based upon the actual cost of the improvement as obtained from the Five -Year Capital Improvements Program in the adopted Comprehensive Plan Capital Improvements Element, the MPOf1'IP or the FDOT Work Program. Where such information is not available, improvement cost shall be determined using one (1) of the following methods: a. An analysis by the Director of Growth Management, or his/her designee, of costs by cross section type that incorporates data from recent projects and is updated annually and based upon actual cost data supplied by the Director of Public Works, or his/her designee. In order to accommodate increases in construction Revised through 06/30M 5:30 St Lucie County Adopted Development Code RESOURCE PROTECTION STANDARDS 6.00.03 6.00.00. VEGETATION PROTECTION AND PRESERVATION 6.00.01. Intent. It is the intent of the Board of County Commissioners to provide for the health, safety, and welfare of the residents of and visitors to St. Lucie County by establishing an administrative review process which encourages preservation of native habitat, and long-term sustainability of our urban forest in accordance with the St. Lucie County Comprehensive Plan and beneficial land and forest management practices by minimizing the unnecessary removal of valuable existing vegetation in advance of approved land development within the unincorporated area of St. Lucie County. Healthy vegetation reduces air and noise pollution, provides for the production of oxygen and sequestering of carbon dioxide, provides energy -saving shade and cooling, furnishes habitat for wildlife, enhances aesthetics and property values, and is an important contributor to community image, pride, and quality of life. In addition, it is the intent of the Board to prevent such destructive land development practices as speculative vegetation removal and clear cutting of land without a site plan or vegetation management and mitigation plan. 6.00.02. Relationship to Other Sections of this Code. A. The provisions of the following Sections shall supersede the provisions of this Section to the extent of conflict. 1. Mangrove Protection, Section 6.01.00; 2. Environmentally Sensitive Lands, Section 6.02.00; 3. Wetland Protection, Section 6.02.03; 4. Coastal Area Protection, Section 6.02.01; 5. Shoreline Protection, Section 6.02.02; 6. Habitat of Endangered and Threatened Species, Section 6.03.00; 6.00.03. Notice of Vegetation Removal Required A No person shall conduct any vegetation removal activities from or on any lot or parcel of land or portion thereof in the unincorporated area of St. Lucie County without first obtaining a Notice of Vegetation Removal from the Public Works Director, w his desigaeer or his designee. The Notice of Vegetation Removal application shall be completed in conformance with Section 11.05.06 of this Code. Protected vegetation shall be defined as native vegetation. Types of Notice of Vegetation Removal approval include: 1. Exemptions. A number of specific activities have been determined to have minimal adverse impact and are listed in Section 6.00.04. 2. Vegetation Removal Permit. A Vegetation Removal Permit shall be issued if all the criteria set forth in 6.00.05 has been met. Revised through 06/30/08 6:3 3t Lucie County Land p Adopted August 1, Code bed t 1, 1990 7.03.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE FIGURE 7-3 141EK&Rct4 Y GENERALIZED STREET HIER�f a. Arterial road - A route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. b. Collector road - A route providing service which is of relatively moderate average traffic volume, moderately average trip length, and moderately average operating speed. Such a route also collects and distributes traffic between local roads or arterial roads and serves as a linkage between land access and mobility needs. C. Local streets - Routes which primarily permit direct access to abutting property and connections to a higher order roadway. A local street provides service that is relatively low in volume and short average trip length or minimal through traffic movements. (1) Residential local street - a local street on which only residential, institutional, and neighborhood commercial uses are permitted (see Table 7-1). (2) General local street - a local street on which some residential uses are prohibited (see Table 7-1). 2. Roadway Design Criteria - The following criteria shall be used in planning for traffic circulation. a. Minimum dimensional requirements for roadways in Planned Mixed Use Developments shall be as specified in Table 74 below, unless otherwise approved. St. Lucie County Land Development Code Revised through 06✓30/08 7:26 Adopted August 1, 1990 7.05.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 7. The right-of-way width shall be increased by at least ten (10) feet on each side of any arterial or major collector road or street for a minimum distance of two hundred (200) feet from its intersection with another arterial or major collector road or street, to permit proper intersection design. 8. Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty (150) feet. 9. Permanent dead-end streets shall not exceed one thousand (1,000) feet in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets. The length of a dead-end street shall be measured along the centerline ofthe street fr=Al4its point of perpendicular intersection with the centerline ofliatersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet. 10. All new construction for any arterial or collector street or roadway within the Urban Service Area shall be provided with sidewalks and bicycle paths along one (1) or both sides, as determined by the County Engineer. The County Engineer shall consult the Bicycle/Pedestrian Coordinator, the St. Lucie Metropolitan Planning Organization Bicycle and Pedestrian Plan or other adopted Bicycle and Pedestrian Plan in determining the location of any sidewalk and bicycle facilities. 11. tffi4w�or minor collector streets or roads, constructed within the Urban Ser!J providing accee�'b tial developments that have a me et frontage of FRQ)'iUA4:3Cr one hundred twenty-five (1 en, ential developments with a mean lot street frontage of enty- feet or less, shall be provided with sidew sides of the street or road in acoo an a rovisions oirH IH of this Code. I Except as otherwise may be provided in this Code, all arterial and major collector street and roadways shall have a minimum travel lane width of twelve (12) feet. In those instances where an open Swale drainage system is utilized, five (5) feet of the required shoulder area shall be paved where practical. 12 JA. All arterial, collector and local streets or roadways, public or private, shall be marked etc. and signed in accordance with Florida Department of Transportation standards. 14. Median strips which are part of a dedicated or deeded public right-cf--way shall not be utilized for any purpose other than 4 the County or authorized utility. The placement of any median landscaping shall be in accordance with Florida Department of Transportation specifications. St. Lucie County Land Development Code Revised through 06/30t08 7;46 Adopted August 1, 1990 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.05.03 15. All roadways, exclusive of interior parking and access aisle/ areas, regardless of ownership, shall be located a minimum of ten (10) feet from any exterior building wall, except for security gate houses or similar security structures located in a private street or road right-of-way. 7.05.03. Rights -of -Way Determinations and Dedications, Improvements. A. St. Lucie County Thoroughfare Network Right -of -Way Protection Plan. 1. Findings. Action must be taken to plan, designate, and develop transportation corridors within St. Lucie County for the following reasons: a. Traffic congestion and overcrowding on the State Highway System and County Road System constitute a serious and growing problem, which impedes the development of an effective County -wide transportation system, results in increased incidents of traffic accidents, personal injury, and property damage or loss, impedes sound economic growth, impairs effective growth management, discourages tourism, increases maintenance costs, shortens the effective life of transportation facilities, delays public evacuation for natural storms and emer- gencies, impairs national defense and disaster response readiness, delays re- sponse time for emergency vehicles, significantly increases public infrastructure needs and associated costs related to the provisions of police, fire, accident, medical, and hospital services, impairs air quality and otherwise is injurious to the public health, safety, and welfare. b. The designation and protection of transportation corridors and the planning and development of transportation facilities within transportation corridors will substantially assist in allowing St. Lucie County to mitigate traffic congestion and overcrowding on the State Highway System and County Road System, and aid in the development of an effective uncongested and adequately maintained County -wide transportation system. C. Transportation corridors cannot be developed without timely identification, preservation, and protection through regulation, or acquisition of property necessary to accommodate existing and planned transportation facilities within the State Highway System and County Road System. d. Protecting, preserving, and timely acquiring property for the development of transportation facilities within the transportation corridors will also prevent the creation of the health, safety and welfare problems and liabilities described above from burdening the County with increasing public revenue requirements, will substantially aid the sound planning for growth, assist the provision of transpor- tation facilities concurrent with the impact of development, expedite the provi- sion of an adequate State Highway system and County Highway System for the residents of the County, alleviate traffic problems, and substantially enhance the elimination of traffic hazards and the improvements of traffic facilities. St. Lucre County Land Development Code Revised through 06/30/08 7:47 Adopted August 1, 1990 7.05.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE (FIGURE 7-15 -space reserved for future) i Revised through 06/SOJ08 7:50 St. Lucie County Land Development Code Adopted August 1, 1990 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.05.06 (FIGUR.E 7-18 - space reserved for future) Kem ove. St. Lucie County Land Development Code Revised through OW30108 7:59 Adopted August 1, 1990 DEVELOPMENT DESIGN AND EAPROVEMENT STANDARDS 7.05.07 to meet driveway separation requirements for both parcels, subject to the agreement of all property owners. In cases where combined access is utilized, the provisions of Subsection 7.05.06(CX2Xc) shall not be applicable. h. Tapers, deceleration lanes, left -turn lanes, bypass lanes, median modifications or other facilities shall be provided as requested by the County Engineer to protect the safe and efficient operation of an arterial or major collector roadway. i. All driveway construction within the street or road right-of-way shall be paved, provided that the street or road to which the connection is being made is paved. j. Construction of all paved driveways on property fronting on an unpaved roadway shall terminate at the right-of-way line. k. Not withstanding the above requirements, any driveway connection to an undivided arterial or collector roadway, made after August 1, 1990, shall be opposite any existing driveway connection. In the event compliance with this standard is not possible, a minimum offset of one hundred fifty (150) feet, between the nearest edges of the driveways, as measured perpendicular to the street centerline, shall be required. Those roadways or streets with a continuous center left turn lane shall be considered as undivided, for the purpose of this requirement. These requirements shall not apply to any local street driveway connections. D. Culvert Requirements. The following requirements must be met by any proposed driveway culvert: h 1. Except as provided mi subssbbiwZ below, all culvert openings shall be a minimum of fifteen (15) inches equivalent in diameter and a minimum of thirty (30) feet in length. 2. Final culvert size, length and elevation shall be as determined by the County Engineer. 3, All culverts shall end in a mitered end section with collar unless otherwise approved in writing and in advance by the County Engineer. 4. Construction of all culverts shall meet the requirements of Chapter ]III and all other applicable County regulations. 7.05.07. Provisions for Access to New Development Activities. A. Generally. All new road and street construction, public or private, shall be paved according to standard county specifications. B. Paving Requirements for Roads that Access Developments Requiring Site Plan Approval that Utilize Unpaved Public and Private Roads for Access. The following paving requirements shall apply to developments requiring site plan approval that utilize unpaved public or private roads and roadways for access: 1. Access Roads. Provisions for the paving of unpaved access roads that access the development shall be required as specified below under general requirements. County road design and construction standard specifications shall apply to all paving improve- ments. St. Lucie County Land Development Code Revised through 0WO/08 7:61 Adopted August 1, 1990 7.05.08 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Street, regardless of classification, which run parallel to the east -west base line U.S. Highway 1) shall be called terrace, place, or some other designation beginning with a letter in the second half (N through Z) of the alphabet. 3. These requirements shall be required only with regard to roads constructed after the effective date of this Code. These changes may be incorporated with regard to any major reconstruction or extension of an existing road upon specific direction by the Board of County Commissioners. D. Numeric Street Identification. Numeric street identification shall be limited to north - south streets only and shall be a continuation of the existing numeric system used by the City of Fort Pierce. E. Duplication of Names. No named street, etc., shall duplicate that of any other named street unless it is an extension of that street. Where possible, similar sounding street names shall not be used. F. Continuity of Names. Streets, etc., should not change names at intersection unless they change direction. G. Curvilinear and Circular Street Names and Numbering. Curvilinear streets will be named in accordance with Subsection 7.05.08(B) through (F). No named or number curvilinear street shall cross itself. Circular streets will be called Circle. H. Authority for Naming and Numbering Streets. 1. New streets shall be assigned names or numbers in compliance with the provisions of this Code by the Growth Management Director. The Growth Management Director is hereby granted the authority to rename duplicate or similar sounding streets or renumber existing streets to comply with the provisions of this Code. In the case of duplicate names or similar sounding names where one (1) or more streets must be renamed and one (1) street shall retain the name, the Growth Management Director shall consider such factors as the historical significance of the name, the number of years the street has held that name, and the relationship name to the names of adjacent streets. 2. Individuals residing on the street or developers of a subdivision may participate in the naming or renaming process by providing suggestions for street names to the Growth Management Director. Interested individuals should submit three (3) names with the first choice listed first, second choice listed second, and third choice listed last. The Growth Management Director shall assign the name after considering the choices provided and verifying compliance with the provisions of this section. I. Street Identification Signs. All officially named or numbered streets shall be identified with a street sign as prescribed m the Manual on Uniform Traffic Control Devices, U.S. Department of Transportation, Federal Highway Administration 1978 Edition, and subse- quent revisio4dthis manual. No one other than St. Lucie County, the Florida Department of Transportation, or any officially authorized party may erect or maintain a street identification St. Lucie County Land Development Code Revised through 0WO/08 7:66 Adopted August 1, 1990 7.05.08 ST. LUCIE COUNTY LAND DEVELOPMENT CODE (FIGURE 7-20 - space reserved for future) •20.YF R,exvipvG St. Lucie County Land Development Code Revised through 06/30/08 7:68 Adopted August 1, 1990 7.06.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE TABLE 7-20 Detached Single Family 12.0 spaces per dwelling For detached single family dwelling unit units, except as otherwise noted herein, paved parking spaces and/or driveways are not required, except that driveway connections to any street or road must comply with the requirements of Subsec- tion 7.05.06(CX1Xd). For detached single family dwelling units on lots of 1.5 asps or less and in AG Planned Unit Develop- ments, paved parking spaces and drive- ways are required in addition to any ga- rage parking required, unless the late are located in an agriculture zoning dis- trict and are part of an agricultural oper- ation, or the lots connect to an unpaved county road. Pervious paving materials permitted here in Subsection 7.06.01(D). Multi -Family Dwelling efficiency and 1.5 spaces per dwelling For multi -family dwelling units, up to one bedroom unit, plus 1 space per 10 112 space per dwelling unit may be stabi- dwelling units for guest lined grass parking. Parking lot surfac- parking. ing shall consist of either pervious pav- ing systems or impervious paving materials permitted in Subsection 7.06.01(D). two or more 2.0 spaces per dwelling For multi -family dwelling units, up to bedrooms unit, plus 1 space per 10 1/2 space per dwelling unit may be stabi- dwelling units for guest lized grass parking. Parking lot and parking. driveway surfacing shall consist of either pervious paving systems or impervious paving materials permitted in Subew lion 7.06.01(D). Mobile Home Park 2.0 spaces for each mobile Vobile home park parking spaces and home, plus any additional driveways shall be paved with either spaces required to service pervious or impervious materials permit - accessory buildings or ted in Subsection 7.06.01(D). structures, plus required parking for all other uses on the site. Recreational Vehicle Park 1.0 space per lot not in- Any Recreational Vehicle that's in any cluding the recreational way altered, modifiW. added to, aw vehicle. Each space shall vented or replaced eta single be a minimum of 8' x 18'. family dwelling unit must provide two (2) off-street parking sparse. Each park- ing space may be 8' x 18' and each space shall be usable. Hotel/Motel Units 1.1 spaces for each guest Parking lot surfacing shall consist of ei- room, plus 10 spaces per ther pervious paving systems or impervi- 1,000 square feet of floor ous paving materials permitted in Sub- area for restaurants and section 7.06.01(D). lounge areas. St. Lucie County Land Development Code Revised through 06/30/08 7:72 Adopted August 1, 1M w�j4M 7.06.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Movie 'Theater 0.36 spaces per seat Either pervious paving systems or im- pervious psvW materials permitted in Subsection 7.06.01(D) shall be used to surface parking areas and driveways. holler Skating Rink 5.8 spaces per 1,000 sq. ft, Either pervious p" systems or im- gross floor area pervious paving materials permitted in Subsection 7.06.01(D) shall be used to surface parking areas and driveways. Health, Fitness Club 5.2 spaces per 1,000 sq. fL Either pervious paving systems or im- gross floor area pervious paving materials permitted in Subsection 7.06.01(D) shall be used to surface parking areas and driveway. Recreational Community Centers, includ- 3.8 spaces per 1,000 sq. ft. Either pervious paving systems or im- ing public indoor facilities YMCA and sim- gross floor area pervious paving materials permitted in ilar facilities Subsection 7.06.01(D) shall be used to surface parking areas and driveways. Day Care Centers 3.2 spaces per 1,000 sq. ft. Either pervious paving systems or im- gross floor area pervious paving materials permitted in Subsection 7.05.010 shall be used to surface parking areas and driveways. Libraries 2.6 spaces per 1,000 sq. it. Either pervious paving syetsms or im- gross floor area pervious paving materials permitted in Subsection 7.06.01(D) shall be used to surface parking areas and driveways. Free Standing Discount Store 4 spaces per 1,000 sq. fi. Either pervious paving systems or im- gross floor area pervious paving materials permitted in Subsection 7.06.01(D) &ball be used to surface parking area and driveways. Shopping Center (ITE Land Use Code 3 spaces per 1,000 sq. & Either pervious paving systems or im- 820) gross floor area, plus one pervious paving materials permitted in space per 1,000 sq. ft. gross Subsection 7.06.01(D) shall be used to floor area overflow parking surface parking areas and driveways. Overflow parking shall be surfaced using gross pavers, or similar pervious paving material that Is compatible with shop- ping center landscaping. Supermarkets, free standing Rural Sites: 2.5 spaces per Either pervious paving systems or im- 1,000 sq. ft. gross floor pervious paving materials permitted in area Within Urban Service Subsection 7.06.01(D) shall be used to Area 4.7 spaces per 1,000 surface parking areas and driveways. sq. R. gross floor area, plus Overflow parking shall be surfaced using 0.5 space per 1,000 sq. $. grass pavers, or similar pervious paving overflow parking Walkable material that is compatible with shop - Urban Centers: 3.2 spaces ping center landscaping. per 1,000 sq. ft. gross floor area Home Improvement, Thy/Children's and 4.4 spaces per 1,000 sq. tk Either pervious paving systems or im- Electronics Superstores gross floor area pervious paving materials permitted in Subsection 7.06.01(D) shall be used to surface parking areas and driveways. Carpet Store (retail) 3 spaces per 1,000 sq. R. Either pervious paving systems or im- gross floor area pervious paving materials permitted in Subsection 7.06.01(D) shall be used to surface parking areas and driveways. C'Vid to 'Rtn w Siakr� • ord . o-i - cis Revised through 06=01 7:74 St, Lucie County Land Development Code Adopted August 1, 1990 7.06.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE The Growth Management Director shall utilize additional, professionally recognized standards, such as but not limited to those promulgated by the Institute of Transportation Engineers and the American Planning Assoma- tion. in the determination of these requirements. B. Off Street Parking Regulations. 1. Design ,Standards. a. The minimum size of a parking stall shall be as follows: standard: 10 feet X 18 feet angled: 10 feet X 18 feet parallel 8 feet X 23 feet handicapped 12 feet X 18 feet (F.S. § 316.1955(3)) Two (2) feet of the required eighteen (18) feet provides for the overhang of the front of the vehicle beyond the front wheels, and therefore may be in grass instead of pavement if that two (2) feet is not included in any other required landscape or separation area, and if wheel stops or curbs are used to prevent vehicular encroachment into the two -foot area. Angled parking may be used consistent with the method of measurement identified in Figure 7-23. b. All off-street parking shall be designed FIGURE 7-23 with access aisles in accordance with TYPICAL PARKING PLAN/ the Table 7-21 below: MIMIMUM DIMENSIONAL STANDARDS P "re -1-23 5�101�d `"vaso'rrs'""� tart 26fi tart DL to-11M u)t1h ZKUF Ar a. axi (MMW 0�40- section b. shed b' MD06 dog (P056 q -ko A'1j rut p5 . UJ1 I - 21 Revised through 06/30/08 7:78 f to It f f , � f , t8QMd+2ft � f f f St. L 364 County Land Development e dopted A 90 7.06.02 ST. LUCiE COUNTY LAND DEVELOPMENT CODE ?btal Number of Required Parking Spaces Number of Required Handicapped Parking Spaces* 501- 1,000 2% of total required parking 1,000+ minims of 20, plus 1 additional space for each 100 parking spaces over 1,000 *: The number of required handicapped parking spaces may be included within the gross number of required parking spaces. Parallel spaces that are being used for handicapped purposes, shall be located at the beginning or end of a block. Curbs adjacent to such spaces shall be of a height which will not interfere with the opening and closing of motor vehicle doors. All handicapped parking spaces shall be appropriately outlined with Blue Painted lines, minimum four (4) inches wide, and shall be posted with the international symbol of accessibility. Handicapped accessible spaces shall meet the minimum design, signing and marking standards of the Florida Department of Transportation, and shall generally be located as depicted in Figure 7-24. FIGURE 7-29 �- 24 �0. Au NANDCAt/ ED PARKM AREAS, SfRnNO Dem".00N REQUIREMEM SNAU NE IN ACGORD AMC WTH THE RmU1RE11ER 0FeWTERXXXXX f IO RRIAUTATUTESAND THE ARERCAN DO I IRIES ACT. St. Lucie County Land Development Code Revised through 06/30M 7:80 Adopted August 1, 1990 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.06.02 FIGURE 7-23 77PICAL PARKING PLAN! S F)Lrc- -1- Z3 is skewed red Interior i wW"e Area required size - 180 square feet All handicapped spaces shall have an adjacent access aisle sixty (60) inches wide. Two (2) handicapped parking spaces may share a common access aisle. All spaces shall have accessible thereto a curb -ramp or curb -cut, to allow access to the building served and shall be located so that users would not be compelled to wheel behind parked vehicles. g. Access for emergency fire vehicles shall be in accordance with NFPA standards. h. All directional and regulatory signage and all pavement markings shall be in accordance with the "USDOT Manual of Uniform Traffic Control Devices." i. No more than ten (10) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of one hundred eighty (180) square feet for single row parking or three hundred sixty (360) square feet for double row parking (see Figure 7-23). Vehicle Queuing Areas. (1) Adequate vehicle storage areas shall be provided at all drive -through and access regulating facilities. Avehicle queuing area is to be a minimum of ten St. Lucie County Land Development Code Revised through 06130/08 7:81 Adopted August 1, 1990 7.06.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE (10) feet by twenty-five (25) feet. Minimum vertical clearance of fourteen (14) feet shall be required unless provisions for an unrestricted pass area are made. (2) No vehicle queuing area may block any other parking stall, access aisle, driveway or off-street parking facility. (3) All vehicle queuing measurements shall commence fi^om the drive -through service window. In the case where two (2) service windows are provided, the measurement shall commence at the second window from which services are provided. (4) The following table identifies the minimum amount of vehicle storage space that must be provided with all drive -through facilities. TABLE 7-23 Facility/Use Minimum Vehicle Que' Area Drive-in Bank 6 spaces per service window Restaurant Drive-Thru 8 spaces per service window Car Wash (Automatic) 3 spaces on approach to wash line Car Wash (Self Service) I space on approach to wash line Gatehouse/Entry Control Structure (manned or unmanned) 4 spaces (see Section 7.10.15) All other commercial drive-thru uses 3 spaces per service position k. Parking or display of any motor vehicle, recreational vehicle, boat, trailer or other vehicle in any required landscape area is prohibited. 2. Combined Properties Used for Off -Street Parking. Two (2) or more owners or operators of buildings, structures, or uses requiring off-street parking facilities may make collective provisiormfor such facilities, provided that the total of such parking spaces when combined or used together shall not be less than the sum of the requirements computed separately, and provided further that no off -site parking space Shan be greater than six hundred (600) feet from any building it is designated to serve. 3. Shared Off -Street Parking Areas. Where, in the determination of the Growth Manage- ment Director, the required number of spaces is excessive for a specific building or facility requiring site plan approval, and the owner of the property has submitted to the Growth Management Director an enforceable restriction of use, the Growth Management Director may authorize the use of shared parking facilities effectively reducing the number of required parking spaces. In no case however, shall less than seventy-five (75) percent of the required off-street parking spaces be provided. The purpose of this provision is to allow land uses located within a unified development or on adjacent lots to enter into agreements to use parking spaces at different times of day which correspond to their different hours of operation. When shared parking St. Lucie County Land Development Code Revised through O6/30/08 7:82 Adopted August 1, 1990 7.10.20 ST. LUCIE COUNTY LAND DEVELOPMENT CODE d. One (1) off-street parking space shall be provided per guest room. All off street parking shall meet the minimum design criteria of Section 7.06.00. e. No food preparation or cooking shall be conducted within any bedroom nor other individual rented rooms. Meals shall only be provided to overnight guests, unless the conditional use approval specifies provisions for food service to the general public. I f. The exterior appearance of the structure shall not be altered' from its single- family character. tl� g. Guests are limited to a length of stay no longer than thirty (30) consecutive days. C. [Restrictions. j Unless it is designated a Hotel or Motel, and then only if it is located in accordance with the provisions of the CG, or HERD, PTV, or PRW zoning districts, no structure shall be constructed for the sole purpose of being used as a lied and Breakfast Residence; and no existing structure shall be enlarged or expanded for the purpose of providing additional rooms for guest occupancy. 7.10.21. Off -Road Vehicle Parks. A. Intent. The intent of this section is to prevent the widespread and unnecessary destruction or degradation of private property and the Region's natural systems through the unregulated use of Off -Road Vehicles. This Section does not permit go-cart raceway operation or go-cart rentals (Standard Industrial Classification 7999) within the AG-5 zoning district. B. Generally. Private landowners may apply for permission to develop trails for use by off -road vehicles. These defined trails would limit the destruction and degradation of natural systems and wildlife values, while at the same time providing off -road vehicle users a suitable place to enjoy this growing sport. In the AG-5 (Agricultural - 5) zoning district, amusement and recreational services for off -road vehicle use may be permitted as a conditional use subject to the criteria set forth in Sections 6.02.01(CX3), Protected Species, 6.02.04, Regulation of Motorized Vehicles in Envi- ronmentally Sensitive Areas, and Section 6.04.01, Native Upland Habitat Protection, and the following minimum requirements: 1. The property on which the off -road vehicle activity is to take place shall be at least one hundred (100) acres; 2. A site plan of this facility must accompany the application for conditional use; 3. An Environmental Impact Report as defined in Subsection 11.02.09(A)(5) shall be satisfactorily completed; 4. No removal of county -protected vegetation shall occur; 5. A buffer zone of native upland edge vegetation shall be provided and maintained around all wetlands as defined in Chapter 11 of this code which are constructed or preserved on new development. The buffer zone may consist of preserved or planted vegetation but shall include canopy, understory, and ground cover of native species Revised 06/SQ�08 St. Lucie County Land Development Code 7:156 Adopted August 1, 1990 7.10.24 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 3. Address Information: Exhibit numerical address on the front facade buildings (close to main building entrance) and on the free standing sign (if provided). Use six-inch height numbers in the Helvetica Medium typeface. 4. Display Suns: Limit display of pricing information ( linelbeer) or similar pricing to thirty (30) percent of sign face. 5. Window Signs: Include only tenant/business name and hours of oper- ation on windows. Limit permanent window sign displays to twenty (20) percent of window area. 6. Neon Signs: Use neon signs for creative and exciting artistic expres- sion. Limit area of neon to twenty (20) percent of total sign or window face. 7. Projecting Signs: Locate signs above ground level dooratwindows but below the roofline or second -floor level to promote a pedestrian environment. Use no more than one (1) projecting sign per business. Signs shall project no more than four (4) feet from the building face and shall not project into the public right-of-way. At minimum, sign shall have a six-inch clearance from the building face. Design all projecting signs to be perpendicular from the building. A maximum sign area of four (4) square feet is permitted. 1nsea cDtor "Pref GrrtJ Color C a St. Lucie County Land Development Code Revised through 06/30/08 7:192 Adopted August 1, 1990 8.00.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE lots or parcels of land one (1) acre or more in total area. In those instances of a corner lot, or a parcel having more than one (1) frontage on more than one (1) street, and there is paved or improved access to the property from those streets, the same setback and numeric criteria outlined above shall apply. Nothing is this paragraph shall be interpreted to permit any violation of the minimum Off -Street Parking requirements and standards set forth in Section 7.06.00 and Driveway Regulations set forth in Section 7.05.06 of this Code. 2. A maximum of two (2) pieces of recreational equipment, including the one (1) piece of recreational equipment allowed in the front yard, may be stored on a parcel except that there shall be no limitation on the number or pieces of recreational equipment allowed in unenclosed structures on a lot or parcel of more than one (1) acre provided that the recreational equipment must be parked at least one hundred (100) feet from any public street or right-of-way and providing that the storing of this recreational equipment does not violate any other provision of this Code or the St. Lucie County Code of Ordinances. This limitation shall not apply to recreational equipment stored in enclosed struc- tures. 3. Recreational equipment shall not be used for living, sleeping or housekeeping purposes. 4. Recreational equipment must be owned or used by the owner or occupant or guest of the owner or occupant of the property upon which the recreational equipment is parked, located or stored, and must be for the personal off -site use of the owner or occupant or guest, rather than for rent or hire. 5. Recreational equipment must have a valid motor vehicle license or registration at all times as required by law. 6. Recreational equipment shall not be stored on drums, barrels, concrete blocks, lumber or similar devices which cause the storage of the recreational equipment to be deemed unsafe. No inoperative recreational equipment may be stored or parked on the paved surface. For the purpose of this Code, recreational equipment shall be deemed inoperative if it has removed or flat tires; partial or complete dismantling or removal of parts; broken glass; missing major parts such as lights, doors, hoods, or motor parts essential for the lawful and safe operation of the recreational equipment. The positioning of the recreational equipment in other than an upright or operable manner or lack of a current license plate or current registration decal shall raise a rebuttable presumption that the recreational equipment is inoperable. 8. For the purpose of implementing this paragraph, the restrictions and prohibi- tions described in. Subsection 8.00.02(A) of this Code shall not apply, and shall be superseded by the restrictions and limitations contained herein. St. Lucie County Land Development Code Revised through 06/3MB 8:4 Adopted August 1, 1990 ACCESSORY, TEMPORARY STRUCTURES AND USES 8.00.04 In those subdivisions, condominium, home owners or property owners association areas that have duly recorded property or deed restrictions that impose stricter standards than outlined above, the stricter standards of the subdivision, condomin- ium, home owners or property owners association shall apply, and enforcement of those standards shall be the responsibility of the duly recognized and empowered condomin- ium, home owners or property owners association. Nothing in this section shall be implied to restrict the general public health safety and police powers of the Board of County Commissioners in directing that any unsafe or hazardous situation be removed should such a situation be brought to the County's attention. G. Private water and sewage utility services provided that they are for the sole, use of the particular private development, are not intended to be a sub -regional system, and do not involve industrial wastewater as defined. H. Swimming beaches. I. Non-commercial docks and boat houses. J. Home occupations subject to the requirements of Section 8.01.00. K. Historic and monument sites. 8.00.04. Fences, Walls, and Hedges. Fences, walls, and hedges are permitted, as follows: A. In any residential zoning district, a fence, wall or landscape berm may be located in any required front yard provided that the fence, wall or landscape berm does not exceed a maximum height of four (4) feet above the elevation of the centerline of the roadway adjacent to the property on which the fence, wall or landscape berm is located. A fence, wall or landscape berm a maximum of six (6) feet in height above the elevation of the centerline of the roadway adjacent to the property, may be located in any other required yard. Except that: 1. If a residential lot adjoins a non -residentially zoned lot, fence height may be increased to a maximum of eight (8) feet along the adjoining lot lines. 2. If a residential lot's rear or side lot line(s) adjoin a street right-of-way, the fence, wall or landscape berm height may be increased to a maximum of eight (8) feet along the street right-of-way, as depicted in Figure 8-1 below, provided that no other provision of this Code is violated. B. In non-residential zoning districts, a fence, a maximum of eight (8) feet in height, may be located anywhere on the lot. C. Hedges of any height may be located within any required front, rear or side yard provided that any hedge located at the intersection of two (2) streets shall comply with the provisions of Subsection 7.09.04(D) of this Code. Revised thmugh 06/30✓O8 8:5 3t. Lncie County Land DA ant Code Adopted Au 1 1990 8.00.04 ST. LUCIE COUNTY LAND DEVELOPMENT CODE FIGURE 8-1 8.00.05. Swimming Pools. E„ 1��L s �►gh � y A. Fencing Required. All swimming pools in the unincorporated areas of the County, unless entirely screened in, shall be completely enclosed with a fence or wall at least four (4) feet high and so constructed as to be not readily climbable by small children. All gates or doors providing access to the pool area shall be securely locked when the pool area is not in actual use or shall be equipped with a self -closing and self -latching device installed on the pool side for keeping the gates or doors securely closed at all times when the pool area is not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so locked or equipped. During construction of a swimming pool, the swimming pool contractor shall be required to take reasonable steps to secure the construction site so that the swimming pool under construction is not readily accessible to small children. B. Procedures for Waiver from Fencing Requirement. In the event the owner of an existing or proposed swimming pool feels that such pool is not or would not be a hazard to small children, he may petition the Board of County Commissioners for a waiver of the requirement of Subsection 8.00.05.A for fencing. If the Board of County Commissioners determines that such a swimming pool is not or would not be a hazard to small children by reason of its location, construction, surrounding vegetation or other natural or man-made barriers, the Board may, after a public hearing of which all property owners within five hundred (500) feet are given at least ten (10) days notice by certified mail, waive the requirement that such pool be fenced. In lieu of a total waiver of the fence requirement, the Board may attach reasonable conditions including a partial reduction in the height requirement. 8.01.00. HOME OCCUPATIONS 8.01.01. Purpose. The purpose of this section is to protect and maintain the character of residential neighborhoods while recognizing that particular professional and limited business activities are traditionally and inoffensively carried on in the home. �St. Lucie County Land Development Code through �� g;g Adopted August 1,1990 SIGNS 9.00.00. PURPOSE 9.01.01 The purpose of these sign regulations is to establish requirements for the size, character, appearance, location, installation and maintenance of signs in order to promote public safety, preserve and protect the visual beauty of the landscape and promote the general health, welfare and safety of the citizens of St. Lucie County. The Board of County Commissioners, after public hearing, finds that these regulations are necessary to maintain and enhance the visual beauty of the County, to maintain and enhance the safety for those using the public rights -of -way and other areas open to vehicular and pedestrian traffic, to protect private property rights and property values, and to provide citizens and businesses with ample and effective opportunities for identification, advertising, and the expression of ideas. 9.01.00. PERMITTED PERMANENT AND AUTHORIZED TEMPORARY SIGNS 9.01.01. Permitted Permanent Signs. The following signs or advertising structures of a permanent nature shall be permitted within the following zoning districts: A. Agricultural - 1 (AG-1); Agricultural - 2.5 (AG-2.5); Agricultural - 5 (AG-5). N.,n nlwt r I i esrdwenie¢unit 3 s.f n/a 180041luMinated "i i A Q.r C17 Ground or Wall 1 double-faced 32 s.f. 10 fast r1 -non-illnm., externally or il- signs ground or 2 single- tM . jV tad by a light soiuoe which in faced wall or placed between a background and ground signs per opaque lettering. artwork or logos entrance to resi- •Reduces4n area A40-46MWY! by 6M if dential dev farm. entrances are heated leas than SWd or ranch W t ft. of one another. Directional Signs One per lawful 6 s.f. n/a non -illuminated driveway, other- wise as necessary for safety Billboards n/e 378 s.t 050 ftr above •Onlvy permitted along I-95 and the crown abroad or Florida Turnpike. finished grade. .1600 feet apart on same side of road. AAi M Mr~.srl 9200 foot n sseparation from res- idential zaaes. eSee Section 9.02.02 for general bill- board provisions. Public Utility n/a n/a n/a n/a Signs 1. One (1) non -illuminated nameplate per dwelling unit or structure which shall not exceed three (3) square feet in sign area. St. Lucie County Land Development Code Revised through 06/30/08 9:3 Adopted August 1, 1990 SIGNS 9.01.01 5. Public utility signs, identifying the location of underground lines, high voltage areas, or the like, as needed for public safety purposes may be permitted if located so as not to create public safety hazards or interfere with rights -of -way mainte- nance, in the judgment of the Director of Public Works or his designee. FIGURE 9-2 rcduce �E sou - cons�sl-e.n� IF THIS DISTANCE IS LESS THAN 300 FEET, n 5 THE SIGN AREA MUST BE REDUCED BY 50%jL_ � - " j owuati~r owwa�Rr S FFEi -- -- -- -- - - RIGtlT-0FMAYLINE •- - -• -- -- --' -' - IF THIS DISTANCE IS LESS THAN 300 FEET. THE SIGN AREA MUST BE REDUCED BY 50%j 11 S7REEr RIGW-OP-WAY LINE B. Residential/Conservation (R / Q Agricultural Residential (AR-1); Residential, Es- tate-1 (RE-1); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Resi- dential, Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Planned Mixed Use Development (PMUD) - Residential (Lora Intensity). Nameplates 1 per dwelling unit 3 s.f n/a i -illuminated i M (bound or Wall 1 double-faced 32 s.f 10 feet •D00-illum., externally ilium., or Signs ground or 2 sin- illuminated by a light source which gie-faced wall or in placed between a background and ground signs per lettering opaque arh mk or logos. entrance to resi- dentiaLdM farm, •ReduceAn sip area by 50% if or ranch. entranoes are loeated less than 300 Wd tt. of one another. Directional Signs One per lawful 6 s.f n/a non -illuminated driveway, other- wise as necessary for safety St. Lucie County Land Development Code Revised through 06/30M 9:5 Adopted August 1, 1990 C 9.01.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE . CP�V � ®IC", 1. One (1) non -illuminated nameplate per dwelling unit which shall not exceed three (3) square feet in sign area. 2. Non -illuminated directional signs which shall not exceed six (6) square feet each in sign area may be installed as necessary for safety. 3. One (1) double-faced, ground sign or two (2) single -faced, wall or ground signs, located at each principle entrance into a residential development, farm, or ranch, as generally depicted in Figure 9-3. Wall signs shall be located on opposite sides of such entrances. FIGURE 9-3 Ate." ..R.,,e I 1;P SIGN FMM N ONE DOMZIACEO. ON MMMIM GROUND SON `. TWo BINOLE FACED, O*PROAPSES WALL OR GROUND SIGNS Such signs shall only be non -illuminated, externally illuminated, or shall be illuminated by a light source which is placed between a background and opaque lettering, artwork, or logos. No such ground or wall sign face shalt exceed thirty-two (32) square feet in size, and shall not exceed ten (10) feet in height. Where the distance between the nearest edges of separate entrances to the same residential development, farm, or ranch is less than three hundred (300) feet, as measured along the right-of-way of the abutting street, the maximum permitted sign area (indicated above) at such entrances shall be reduced by fifty (50) percent (Figure 9-4). 91. Lucie County Land Development Code Revised through OW0108 9:6 Adopted August 1, 1990 SIGNS 9.01.01 FIGURE 9-4 v airs DISTANCE a LEBS TI-M 70o FEET. TW acN OrA MUST' OE REoucEn BY 0 3TFiEET IF VMS DISTANCE IS LESS TIAN 3*0 FEET. THE Z" AREA MUST E REDUCED BY , ------ ----- STREET - 4. Public utility signs, identifying the location of underground lines, high voltage areas, or the like, as needed for public safety purposes may be permitted if located so as not to create public safety hazards or interfere with rights -of -way mainte- nance, in the judgment of the Director of Public Works or his designee. C. .Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-5 (RM-5); Residen- tial, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-11 (RM-11); Residential, Multiple-Family-15 (RM-15); Planned Unit Development (PUD); Recreational Vehicle Park (RVP); Hutchinson Island Residential District (HIRD); Planned Mixed Use Development (PMUD) - Residential (Medium and High Intensities). Nameplates 1 per dwelling multi -family 1 n/a non -illuminated unit 81 single-family: 3 s.i. Nipwillmlin erJ Ground or Wall 1 double-faced 32 s.f. 30 feet , externally Mum. or Signs ground or 2 sin- illuminated by a light source which gle-faced wall or is placed between a background and ground signs per opaque lI . artwork, or logos, ateal de •Reduce � bby 50% if ,, farm, maz am or ranch. L entrances are located less than 300 ft. of one another. Directional Signs One per lawful 6 a.£ n/a none driveway, other- wise as necessary for safety Revised through 08/30/08 9:7 IRJ gp�,_e .etc pin St. Lucie County Land Development Code � - Adopted August 1,1990 SIGNS FIGURE 9-6 IF "Is OISTANM IS LESS THAN NO FEET. THE SM AWFWA WWBE ltmx1 D SY 001 I STREET W W IF THIS DISTANCE 01EW TIMN 300 FEET. THE SKIN MEA MUST BE REDUCED BY 90% o�. STREET 9,01.01 3. Directional signs, which shall not exceed six (6) square feet in sign area, may be installed as necessary for safety. 4. public utility signs, identifying the location of underground lines, high voltage areas, or the like, as needed for public safety purposes may be permitted if located so as not to create public safety hazards or interfere with rights -of -way mainte- nance, in the judgment of the Director of Public Works or his designee. D. Commercial, Office (CO); Planned Mixed Use Deueelopment (PMUD) - Professional ServiceIOffice (Low, Medium, and High Intensities). Nameplates 1 per occupant 8 aS n/a none A Ground Signs 1 per establish- 1 s.f. for every 2 10 feet for RES, ndQlium., mternalb �, or Mu- ment or group of linear feet of 11D, or AG; - mmated y a tight scores which is establishments frontage - 100 e.f. ture Land Uses. placed between a background and having at least 50 maximum. opaque lettering, artwork, or logos linear feet of for RES, MXD, or AG Future Land frontage. Uses 20 feet for all none - all other Future Land Uses. other Future Lend Uses. St. Lucie County Land Development Code Revised through 06/30/08 9:9 Adopted August 1, 1M e It�'01.Q1 ST. LUCIE COUNTY LAND DEVELOPMENT CODE i W'i Ilw'tiru�ecer� ni!" Wall, Projecting, n/a Total Sign Area: n/a iliLM um., exteiaally , or Mu- �`( d/ C o95 an or anopy Signs (Attached 1 of Wmu face area fronting on ion by a fight source which is placed between a background and Canopies Only) main street for opaque lettering, artwork, or logos RES, MXD, or AG for RES, MXD, qr AG Future Land Future Land Uses. Uses. lbtal Sign Area: none - all other Future Land Use& 20% of wall face area fronting on main c✓ other Futura �P Land Uses. Directional Signs One per lawful 6 s.f. n/a none driveway, other- wise as necessary for safety Public Utility n/a nta n/a n/a Signs 1. One (1) nameplate per occupant which shall not exceed two (2) square feet in sign area. 2. Any establishment or group of establishments that has a street lot frontage of fifty (50) feet or more, shall be permitted one (1) ground sign which shall not exceed a sign area equal to one (1) square foot for every two (2) linear feet of street frontage, up to a maximum of one -hundred (100) square feet. Such ground signs shall also be consistent with the following standards: a.) For property tha"" located within any non-residential, non-agricultural Future Land Use trict, as established in the St. Lucie County Compre- hensive Plan, ground signs shall not exceed a height of twenty (20) feet. b.) For property that is located within the MXD or any residential or agricul- tural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, ground signs shall not exceed a height of ten (10) feet. Such signs shall only be non -illuminated, externally illuminated, or shall be illuminated by a light source which is placed between a background and opaque lettering, artwork, or logos. 3. Wall, projecting, and/or canopy signs (attached canopy only) consistent with the following standards: a.) For property that is located within any non-residential, non-agricultural Future Land Use District, as established in the St. Lucie County Compre- hensive Plan, total wall, projecting, and/or canopy sign area may equal up to twenty (20) percent of the total wall face area fronting the main street. b.) For property that is located within the M .D or any residential or agricul- tural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, total wall, projecting, and/or canopy sign area may 06f30/08 St. Lucie County Land Development Code Revised through9:10 Adopted August 1, 1990 SIGNS 9.01.01 equal up to ten (10) percent of the total wall face area fronting the main street. Such signs shall only be non -illuminated, externally illuminated, or illuminated by a light source which is placed between a background and opaque lettering, artwork, or logos. Up to fifty (50) percent of the permitted wail, projecting, or canopy sign area may be located on any other wall face of the same building or on any other canopy which is attached to such building. 4. Directional signs which shall not exceed six (6) square feet in sign area may be installed as necessary for safety. 5. Public utility signs, identifying the location of underground lines, high voltage areas, or the like, as needed for public safety purposes may be permitted if located so as not to create public safety hazards or interfere with rights -of -way mainte- nance, in the judgment of the Director of Public Works or his designee. E. Commercial, Neighborhood (CN); Institutional (7); Religious Facilities (RF); Planned Mixed Use Deuelopment (PMUD) - Institutional (Low, Medium, and High Intensities), General Commercial (Low Intensity), and Public Seruice l Utilities (Low Intensity). M Walt, Proectiag, and/or Canopy n/a - Total Sign Area: 10% of wall face area l onting on n/a none Signs (Attached the main street for RES, M M, or Canopies Only) AG Future Land Use& Total Sign Area: 20% of wall face area fronting on the main street - all other Future Land Uses. Canopy signs 4 per face of free- Total Sim Area: n/a none standing canopy 10% of total canopy face area - 23 structures s f. max. per canopy face - RES, MXD, or AG Future Land Uses. Total sign Area: 20% of total canopy face area - 45 a.f max, per canopy face - all other Future Land Uses, Ground Signs 1 per establish- 1 s.£ for every 2 linear feet of front- 10 feet fbr RES, none ment or group of age - 100 e.f. marrimum. MXD, or AG Fu- establishments tore Land Uses. having at least 50 20 feet for all linear feet of other Future frontage. Land Uses. Pedestrian Signs 1 per establish- 6 s.ff n/a none merit Rear Entrance 1 per establish- 6 s.f n/a none wall sign ment Directional Sign One per lawful 6 s.£ n/e non -illuminated driveway, other- wise as necessary for safety St. Lucie County Land Development Code Revised through 06/3 M 9:11 Adopted August 1, 1990 9.01.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 1. Wall, projecting, and/or canopy signs (attached canopy only) consistent with the following standards: a.) For property that is located within any non-residential, non-agricultural Future Land Use District, as established in the St. Lucie County Compre- hensive Plan, total wall, projecting, and/or canopy sign area may equal up to twenty (20) percent of the total wall face area fronting the main street. b.) For property that is located within the MXD or any residential or agricul- tural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, total wall, projecting, and/or canopy sign area may equal up to ten (10) percent of the total wall face area fronting the main street. Up to fifty (50) percent of the permitted wall, projecting, or canopy sign area may be located on any other wall face of the same building or on any other canopy attached to such building. 2. A maximum of four (4) canopy signs per face of free-standing canopy structure(s), consistent with the following standards: a.) For property thskis located within any non-residential, non-agricultural Future Land UsdIffstrict, as established in the St. Lucie County Compre- hensive Plan, total canopy sign area may equal up to twenty (20) percent of the total canopy face area, except that no single canopy face shall have more than forty-five (45) square feet of sign area. b.) For property that is located within the MXD or any residential or agricul- tural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, total canopy sign area may equal up to ten (10) percent of the total canopy face area, except that no single canopy face shall have more than twenty-three (23) square feet of sign area. 3. Any establishment or group of establishments that has a street lot frontage of fifty (50) linear feet or more, shall be permitted one (1) ground sign. Such sign shall not exceed a sign area equal to one (1) square foot for every two (2) linear feet or major fraction thereof of street lot frontage up to a maximum of one hundred (100) square feet. Such ground signs shall also be consistent with the following standards: a.) For property that is located within any non-residential, non-agricultural Future Land Use District, as established in the St. Lucie County Compre- hensive Plan, ground signs shall not exceed a height of twenty (20) feet. R`'� through 06/30/08 9:12 3t. Lucie County Adopted AuDevelgust 1, Code 9.01.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE evi o� ; ltrian 1 per establishment 6 s.f. n/a none RearEn- 1 per establishment 8 s f. n/a none trance Wall Sign Directional One per lawful driveway, 6 s.f n/a none .sign otherwise as necessary for safety Billboards n/a 378 s.f. •36 ft. above •Only Aemitted along crown of I-96, the Florida 7Vrnpiks road. and those roadways identi- 5ed in Subsection •50 ft. above 9.02.02(A). cevwa of road along I-95 91,500 foot apart on same and Fla. side of road, Tnpk' •200 foot non. separation from residential zones or use areas *See Subsection 9.02.02(A) for additional standards Public Utility n/a n/a n/a Inla Signs 1. Billboards shall only be permitted on properties which are physically contiguous to I-95, the Florida Turnpike, U.S. 1, Orange Avenue, and Kings Highway/ Turnpike Feeder Road, located so as to be visible from such highway, and as further restricted in Subsection 9.02.02(A). Such signs shall not be spaced less than one thousand five hundred (1,500) feet from another billboard which is on the same side of, and is directed at, the same highway. 2. A marimum of four (4) wall, projecting, and/or canopy signs (on attached canopies only) per establishment. Such sign(s) shall not exceed a total sign area equal to twenty (20) percent of the total wall face area of each establishment fronting on the main street. Fifty (50) percent of such permitted sign area may be located on any other wall surface of the same building or on any other canopy attached to such building. 3. A maximum of four (4) canopy signs per face of free-standing canopy structure(s). Such signs shall not exceed a total sign area of twenty (20) percent of the total canopy face area, except that no single canopy face shall have more than forty-five (45) square feet of sign area. 4. Any establishment or group of establishments having from fifty (50) to one hundred fifty (150) linear feet of frontage shall be permitted one (1) ground sign. Such sign shall not exceed a sign area equal to one (1) square foot for every one (1) linear foot or major fraction thereof of street lot frontage. Establishments or groups of establishments having more than one -hundred fifty (150) linear feet of frontage, shall be permitted one (1) ground sign. Such sign St. Lucie County Land Development Code Revised through 06/30J08 9:14 Adopted August 1, 1990 P SIGNS 9.01.02 shall not exceed a sign area equal to either one (1) square foot for every one and one-half UV2) linear feet of street lot frontage, or one -hundred fifty (150) square feet, whichever is greater, up to a maximum of two -hundred (200) square feet. One (1) additional ground sign shall be permitted when the street lot frontage exceeds three hundred (300) linear feet. The second ground sign shall not exceed a sign area equal to one (1) square foot for every one and one-half (1V2) linear feet of street lot frontage in excess of the first three -hundred (300) feet of frontage. The sign area of individual signs may be aggregated, except that no single sign shall exceed a sign area of two hundred (200) square feet. Ground signs shall not exceed a height of thirty (30) feet. 5. For any establishment or group of establishments that has a street frontage of three hundred (300) linear feet or more and which has outdoor displays as provided for in Section 7.10.02 of this Code )the xPublic Works Director or his designee may allow for the placement of two (2) additional ground signs, using , ,r and subject to the procedures set forth in Section 9.04.01. The Director plhis designee shall allow for such additional signage when it is shown that operation as provided under Section 7.10.02 creates a specific need. Such additional signs may not exceed one hundred (100) square feet in area nor shall they exceed a height of thirty (30) feet. 6. One (1) pedestrian sign per establishment which shall not exceed six (6) square feet in sign area. 7. One (1) rear entrance wall sign per establishment which shall not exceed six (6) square feet in sign area. 8. Directional signs which shall not exceed six (6) square feet in sign areal may be P installed as necessary for safety. 9. Public utility signs, identifying the location of underground lines, high voltage areas, or the like, as needed for public safety purposes may be permitted if located so as not to create public safety hazards or interfere with rights -of -way mainte- nance, in the judgement of the Director of Public Works or his designee. 9.01.02. Authorized Temporary Signs. Temporary signs of the types described below in this section are allowable, subject to the following general requirements: 1. No temporary sign may have any characteristic that renders it a prohibited sign under Section 9.03.00. 2. No temporary sign may be located at the intersection of two (2) streets or roadways, or within the segment created by the curb or road edges and an imaginary line between the points thirty (30) feet back from where the curb lines of the intersection quadrant intersect. 3. No temporary sign shall be illuminated. lievised throw 06/30/b8 St Lucie County Land Development Code Bh 9:15 Adopted August 1, 1990 9.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 4. Temporary signs may be erected only if located wholly on private property, by or with the permission of the property owner. 5. Except as stated below with respect to a specific type of temporary sign, allowable temporary signs may be erected without a permit. 14F p�iQY1��ISubject to the foregoing general regulations, specific temporary signs are allowable �J subject to the following additional provisions: A Real Estate Signs. 1. Shall be limited to one (1) sign per parcel, establishment, dwelling unit, or per every five (5) acres or fraction thereof providing no more than one (1) sign per three hundred (300) feet of frontage shall be allowed on any one (1) parcel of property regardless of total acreage. A maximum of three (3) signs per parcel shall be provided on a,single road frontage. 2. Shall not exceed the following maximum sign areas in square feet by zoning district and parcel size: FAG-1PAORMEULTURAL-1 6 of 18 of AG-2.6 AGRICULTURAL - 2.6 6 of 16 of AG-5 AGRICULTURAL - 6 6 of 16 of RIC RFSIDENTIAUCONSERVATION 6 of 16 of AR-1 AGRICULTURAL, RESIDENTIAL - 1 6 of 16 of RE-1 RESIDENTIAL, ESTATE - 1 6 of 16 of RE-2 RESIDENTIAL, ESTATE - 2 6 of 16 of 118-2 RESIDENTIAL, SINGLE FAMMY - 2 6 of 16 of RS-3 RESIDENTIAL, SINGLE FAMILY - 3 6 of 16 of RS4 RESIDENTIAL, SINGLE FAMILY - 4 6 of 16 of RMH-6 RESIDENTIAL, MOBILE HOME - 6 16 of 16 of RM-6 RESIDENTIAL, MULTIPLE FAMILY - 6 16 sf 16 of RM-7 RESIDENTIAL, MULTIPLE FAMILY - 7 16 of 16 of RM-9 RESIDENTIAL, MULTIPLE FAMILY - 9 16 of 16 of RM-11 RESIDENTIAL, MULTIPLE FAMILY -11 16 of 16 of RM-15 RESIDENTIAL, MULTIPLE FAMILY -15 16 of 16 of CN COMMERCIAL, NEIGHBORHOOD 16 of 16 of CO COMMERCIAL, OFFICE 16 of 16 of CG COMMERCIAL, GENERAL 32 sf 32 of IL INDUSTRIAL, LIGHT 32 of 32 of Ili INDUSTRIAL, HEAVY 32 of 32 of IX INDUSTRIAL, EXTRACTION 32 of 32 of U UT' LrTIES 6 of 32 of I INSTITUTIONAL 6 of 32 of RF RELIGIOUS FACILITIES 6 of 16 of RVP RECREATIONAL VEHICLE PARR 6 of 16 of HW I HUTCHINSON ISLAND RESIDENTIAL DISTRICT 6 sf 16 of St. Lucie County Land Development Code Revised through 06130M 9.16 Adapted August 1, 1990 3. SIGNS 9.01.02 FFUD PLANNED DEVELOPMENT 6of 16of PNRD PLANNED N DZMVBLOPMENT 6 of 32 sf PMUD I PLANNED MIXED USE DEVELOPMENT 6 sf 32 sf For properties exceeding five (5) acres, the sign area of individual signs, as indicated above, may be aggregated, except that no single sign may exceed an area of three hundred seventy-eight (378) square feet. 4. Shall be removed within ten (10) days after the real estate transaction is completed. B. Construction Project Signs. I. Shall not exceed the following maximum sign areas by Zoning District- AG-1 AGRICULTURAL -1 64 of AG-2.5 AGRICULTURAL - 2.5 64 sf AG-5 AGRICULTURAL - 5 64 of RIC RESIDENTIAIJCONSERVATION 12 of A&1 AGRICULTURAL, RESIDENTIAL - 1 12 of RE-1 RESIDENTIAL, ESTATE - 1 12 of RE-2 RESIDENTIAL, ESTATE - 2 12 of RS-2 RESIDENTIAL, SINGLE FAMILY - 2 12 of RS-3 RESIDENTIAL, SINGLE FAMILY - 3 12-sf RS-4 RESIDENTIAL, SINGLE FAMMY - 4 12 of RMH-5 RESIDENTIAL, MOBILE. HOME - 5 32 d RM-5 RESIDENTIAL, MULTIPLE FAMILY - 5 32 sf RN-7 RESIDENTIAL, MULTIPLE FAMILY - 7 32 sf RM-9 RESIDENTIAL, MULTIPLE FAMILY - 9 32 of RM-11 RESIDENTIAL, MULTIPLE FAMILY -11 32 sf RM-15 RESIDENTIAL, MULTIPLE FAMILY - 15 32 sf ,CN COMMERCIAL, NEIGHBORHOOD 32 of CO COMMERCIAL, OFFICE 32 sf CG COMMERCIAL, GENERAL 64 of IL INDUSTRIAL, LIGHT 64 sf III INDUSTRIAL, HEAVY 64 sf I$ INDUSTRIAL, EXTRACTION 64 of U UTIIXrIES 64 sf I INSTITUTIONAL 32 of RF RELIGIOUS FACILITIES 12 sf RVP RECREATIONAL VEHICLE PARK 32 sf HDID HUTCHINSON ISLAND RESIDENTIAL DISTRICT 12 sf PUD PLANNED UNIT DEVELOPMENT 32 sf PNRD PLANNED NONRESIDENTIAL DEVELOPMENT 32 sf PMUD PLANNED MIXED USE DEVELOPMENT 32 sf St Lucie County Land Development Code Revised th"ugh W3" 9:17 Adopted August 1, 1990 9.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 2. May contain the name of the project, the contractor, the subcontractor, the architect, the developer, the supplier, and/or the financial institution, _4A& a des of of the projectAr►d o'l1e r inFDtmoil�n �re•�cL� tc- 3. Shall be removed prior tctwY5tVuwo the iissaan�of a certificate of occupancy. 4. Shall be adequately constructed and securely anchored in accordance with the Standard Building Code. C. 7bmporary Special Event Promotional Flags, Banners, and Pennants Requiring a Permit. Flags which are not exempt from permitting under Section 9.04.00, banners, and/or pennants promoting a special event may be erected on a temporary basis upon the issuance of a permit. Such permit shall be issued by the Public Works Director or his designee using and subject to the procedures set forth in Section 9.04.01; provided that the Public Works Director or his designee shall grant or deny such permit within fifteen (15) days from receipt of a completed application. Such permit shall be granted provided that [a] the requirements of this Code are otherwise met; [b] no more than four (4) permits per year shall be issued to any one (1) parcel or common development site for no more than a total of sixty (60) calendar days per year, and [c]such flag, banner, or pennant shall not exhibit any other characteristic of a prohibited sign under Section 9.03.00. Such flags must be removed by the permittee upon the expiration of the permit. D. Project Marketing Signs. 1. Project Marketing signs shall be permitted only for projects approved as a Major Site Plan, Minor Site Plan, Planned Unit Development, Planned Non -Residential Development, or Planned Mixed -Use Development, as defined in Section 11.02.02 of the Land Development Code. 2. No Project Marketing sign may be permitted prior to the issuance of a Building Permit for the project to which the sign applies. Erection of a Project Marketing sign shall require a permit which shall be issued by the Public Works Director using and subject to the procedures set forth in Section 9.04.01. 3. Sign Permits for such signs shall expire and the signs shall be removed upon determination by the Public Works Director or his designee that eighty (80) percent or more of the primary structures within the development have been completed or sold. The permit shall otherwise automatically expire upon the expiration of the associated Major Site Plan, Minor Site Plan, Planned Unit Development, Planned Non -Residential Development, or Mixed Use Develop- ment. 4. Project Marketing signs shall be limited to one (1) sign for every five (5) acres or fraction thereof. A maximum of three (3) signs per Major Site Plan, Minor Site Plan, Planned Unit Development, Planned Non -Residential Development, or Revised through 06/30J08 9.18 Lucie County LandteevAl�et 1, Code . Adopted A 1, 1990 SIGNS 9.02.01 3. Shall provide a vertical clearance of not less than nine (9) feet over any pedestrian walkway or fourteen (14) feet over any vehicular driveway. 4. When an access way intersects a public or private right-of-way or when the subject property abuts the intersection of two (2) or more public or private rights -of -way, all ground signs within the triangular area described below shall have a height of not more than three (3) feet or a vertical clearance of not less than ten (10) feet, and shall not have poles or support structures which are individually greater than twelve (12) inches in diameter. The triangular area referenced above is the area of property located at the corner formed by the intersection of two (2) public or private right"f--way, or at each corner formed by the intersection of an access way with a public or private right-of-way. Two (2) sides of such triangular area shall be420) feet in length as measured horizontally from the point of intersection, and the thfrd side shall be a line connecting the ends of the two (2) other sides. t--- - uu-n" 5. Shall be adequately constructed and securely anchored in accordance with the Standard Building Code. 6. Shall have a landscaped area around its base which extends a minimum distance of three (3) feet in all directions. Such landscaped area shall be completely covered by natural drought -tolerant ground cover and shrubs, hedges or similar vegetative materials. The Growth Management Director shall grant relief from this landscaping requirement for billboards which are located on properties that are physically contiguous to I-95 or the Florida Turnpike if it is determined that such signs are located more than one -hundred (100) feet from a developed area as defined in Section 2.00.00 of this Code. FIGURE 9-10 E. Pedestrian Signs. 1. Shall provide a vertical clearance of not less than nine (9) feet over any pedestrian walkway. St. Lucie County Land Development Code Revised through 06/30108 9:21 Adopted August 1, 1990 q •03 •Cc 02.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE e. It is not located within twenty (20) feet of any intersecting street or driveway connection; f. It is not located within any utility easement or surface drainage swale; provided g. The sign does not contravene any other applicable regulation or restriction of St. Lucie County. G. Any privately -owned signs attached to or placed within any public right-of-way upon any utility pole, street light, sidewalk curb, fire hydrant, bridge, or any other similar public or utility structure. H. Flashing, animated, fire- or smoke -emitting, or noise -making signs, except for one (1) variable electronic message sign per parcel or group of parcels under a uniform site development plan displaying time, temperature, community service , direct business copy, or other information, provided that the message sign does not exceed more than one (1) line of display copy; that the message display area for any such sign does not exceed an overall area of thirty (30) square feet (Three (3) feet x ten (10) feet typical dimension); the message displays shall be on a black background with a single color copy; the message display shall not scroll, flash or blink, and message display copy shall not change more frequently than once every five (b) seconds. Any such message sign shall be counted as part of the overall signage for the property or project site; must be a part of one (1) of the ground signs associated with the property or project site and shall not exceed twenty-five (25) percent of the particular sign area of the particular ground sign for the property or project site. I. Signs in motion, including swinging, rotating, or revolving signs or similar moving devices designed to attract attention by motion or illusionary motion. J. Signs that copy or imitate official governmental signs or that incorrectly purport to have official governmental status. K. Signs that display any written or graphic message that is lewd, lascivious, or obscene based on contemporary community standards. L. Signs that obstruct or interfere with any door, fire exit, stairway, ladder, or opening intended to provide light, air, ingress, or egress for any building. M. Any sign, whether otherwise allowable or exempt under this Chapter, that, in the judgment of the Public Works Director, determined without reference to the content of the sign except as stated below in this paragraph constitutes a traffic safety hazard by reason of size, location, movement, or method of illumination; obstructs the vision of motorists or pedestrians; obstructs or interferes with any official traffic control device; . ; r utilizes flashing or revolving red, green, blue, or amber lights, creates glare, or utilizes the words "stop," "look," "danger" or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead or confuse traffic. N. Signs that utilize fluorescent colors in the yellow or red spectrums. St. Lucie County Laid Development Code Revised through OW3008 9:24 Adopted August 1, IM SIGNS 9.04.01 O. Flags which are not exempt from permitting under Section 9.04.00, banners, and pennants, except for temporary special event promotional flags as permitted in 9.01.02(C). P. Signs that contain any mirror or mirrored device. Q. Vehicular signs. R. Any unpermitted sign not exempt from permitting under this Chapter. 9.04.00. PERMITTING AND EXEMPTIONS 9.04.01. Permitting. A. Except as specifically exempted in Section 9.01.02 or Section 9.04.02, the erection, physical alteration, reconstruction, or physical conversion of any sign shall not be commenced without obtaining a Sign Permit from the Public Works Director. No Sign Permit shall be issued for development without the concurrent issuance of a Certificate of Zoning Compliance as provided by Section 11.05.00 of this Code. No permit shall be required for the ode purpose of changing content, including wording and graphics, on a lawfully existing sign that otherwise complies with the requirements of this Code both before and after such change. B. The process for obtaining a Sign Permit shall be the same as the process for obtaining a Building Permit pursuant to Chapter XI of this Code, except as specifically modified in this Section. The application shall be made on such form as the Public Works Director or his designee shall prescribe, which shall include a depiction of the proposed sign, its specifications including height, sign area, dimensions, location on the site and in relation to other structures and rights -of -way, means of support, method of illumination, if any, and such other information as the Public Works Director or his designee may require to determine whether the proposed sign meets the requirements of this Chapter. C. The Public Works Director or his designee shall grant or deny an application for a Sign Permit and Certificate of Zoning Compliance applicable to such application, within thirty (30) days from receipt of a complete application. The Public Works Director or his designee shall notify the applicant within fifteen (15) days from receipt of any application, or amendment or supplement thereto, if the application is incomplete, and shall notify the applicant of the information necessary to complete the application. The applicant has the option of supplying such information or, if the applicant deems the application complete despite such notification, of so notifying the Public Works Director or his designee who shall then treat the application as complete. Any application for a Sign Permit that is not granted or denied within thirty (90) days from receipt of a completed application shall be deemed denied _ L1q.Pi W CM D. The Public Works Director or his designee shall grant the Sign,permit upon receipt of a completed application with all required fees, upon finding that the proposed sign conforms to all requirements of this Chapter; otherwise, the application shall be denied. The content of a proposed sign shall not be material to the grant or denial of a Sign Permit, except as necessary to determine that a sign conforms to the specific requirements of this Chapter. St Lucie county Revised through 06130/08 9:25 Land teptedd Aug stt 1, 1999eo 11.02.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE require that an application for a binding letter of interpretation will be required to be submitted in regard to such development. The procedure for processing such requests in St. Lucie County shall be as follows: 2. Within thirty (30) days after receipt of the developer's written request, the Community Development Director shall make a determination in writing as to whether the County will require that the developer submit an application for a binding letter of interpretation. The Director shall provide by mail (certified, return receipt) or hand delivery, copies of the written determina- tion to the developer and to the Board of County Commissioners. Any person may appeal the determination of the Director to the Board of County Commissioners by filing a written notice of intent to appeal with the County Director within fifteen (15) days of the date of receipt of the Director's written determination. 2. Application Requirements. a. As to any development which is required by the provisions of Subsection 11.02.02(E) to submit for a binding letter of interpretation or for which the developer for any reason has submitted for a binding letter of interpretation, the application to St. Lucie County for any of the following 1. Comprehensive plan amendment; 9 S 2. Rezoning; -C VjC S. Planned Unit Development approval; 5t#*-U 4. Site Plan approval; 5. Conditional Use approval; 6. Special Exception; or 7. for any other development permit, as defined in F.S. $ 380.031, shall be accompanied by a certified copy of the final determination by the Depart- ment of Community Affairs or any court judgment which constitutes a final judgment entered as a result of an appeal from a final order of the Department of Community Affairs making a determination on the Develop- ment of Regional Impact status of the project. St. Lucie County shall not receive or process any applications for Development Permits for any project or portion thereof, for which a binding letter of interpretation is required or is actually sought by the developer, until a final binding determination has been made as to the Development of Regional Impact status of the project. b. In any application for a Development Permit to St. Lucie County for a proposed development as to which a final binding determination has been made that the proposed development is not a Development of Regional Impact and that determination has been made in part or in whole based upon various commit- ments or limitations as to development made in the applicant's request for a binding letter, agreed to by the applicant, or otherwise imposed by the Depart - St. Lucie County Land Development Code Revised through 06/30/08 11:14 Adopted August 1, 1990 ADMINISTRATION AND ENFORCEMENT 11.02.05 The applicant shall notify the Community Development Director within thirty (30) working days of this notice of deficiency of his intent to address the cited deficiencies. The applicant shall have a maximum of 120 days to respond to the cited deficiencies without payment of any additional processing fee. Upon the applicant's response to the cited deficiencies the revised application shall be reviewed by the Development Review Committee pursuant to Subsection 11.02.03�" If the applicant fails to respond to the cited deficiencies within 120 days, the applicant must thereafter reinitiate the review process and pay an additional fee, as identified in Section 11.12.00 of this Code. 5. The Chairman of the Development Review Committee shall notify the Community Development Director that the Site Plan is ready for presentation to the Planning and Zoning Commission. 6. The Development Review Committee shall issue a written report to the Community Development Director setting forth findings and conclusions,supporting a recommen- dation to the Planning and Zoning Commission for approval, approval with conditions, or denial of the Preliminary Site Plan. 7. Upon notification hom the Development Review Committee that the Preliminary Site Plan is complete, the Community Development Director shall place the application for preliminary site plan approval on the next Planning and Zoning Commission agenda in accordance with the procedures set out in Section 11.00.03. 8. The Community Development Director shall issue a written report to the Planning and Zoning Commission citing the recommendations of the Development Review Commit- tee and provide a recommendation of approval, approval with conditions or denial of the Site Plan. 9. The Planning and Zoning Commission shall conduct a hearing on the Preliminary Site PIan to determine whether it satisfies the requirements of this Code. The public hearing held on the application shall be in accordance with Section 11.00.04. In reviewing and making a recommendation on the application and Preliminary Site Plan, the Commission shall use the standards in Section 11.02.07. 10. Within a reasonable time of the hearing, not to exceed 60 days the Planning and Zoning Commission shall submit a written recommendation and findings to the Board of County Commissioners for approval, approval with conditions, or denial of the Preliminary Site Plan. 11. The Board of County Commissioners shall consider the Preliminary Site Plan at a scheduled public hearing in accordance with the requirements of Section 11.00.03. The public hearing held on the application shall be in accordance with Section 11.00.04. In making a decision on the application, the Board of County Commissioners shall consider the recommendations of the Planning and Zoning Commission and the Community Development Director and the standards specified in Section 11.02.07. St Lucie County Land Development Code Revised through 064=8 11:21 Adopted August 1, 1990 11.02.09 ST. LUCIE COUNTY LAND DEVELOPMENT CODE g. A development schedule indicating the approximate date construction of the development or stages of the development can be expected to begin and be completed. h. 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. 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 for the project. 2. Existing Conditions: a. An aerial photograph of the property on which the development activity is to take place. The aerial photograph used to satisfy this requirement may be obtained from the St. Lucie County Property Appraiser. b. Detailed location sketch of the proposed development designating the section, township and range. C. A topographic survey of the entire project site, prepared in accordance with the current standards of Chapter 61G17-6 FAC, which shall include, at a minimum: the project boundaries, a north arrow, a scale indicator, bench mark information (NGVD) and; 1. One (1) foot contours shall be shown and shall extend at least 50 feet around the project site, except that the Community Development Director may authorize partial relief from this standard when the following conditions �15 ht exist: a. Existing grade conditions, throughout the site are such that one foot contours would not be discernable. In these instances, contours at two (2) foot intervals may be provided; and/or, b. Existing grade conditions, over the entire site, vary less then two feet above base elevation. �L. A sufficient number of spot elevations shall be shown to support the contour information and to accurately reflect the site topography. All topographic surveys shall be submitted on a sheet size twenty-four (24") by thirty-aix (36") inches and shall be the same scale as the project site plan. All topographic surveys shall have been prepared within the 24 months prior to the application for site plan being filed and shall reflect current property conditions. d. A boundary survey and legal description prepared in a000rdance with the current standards of Chapter 61G17-6 FAC. All boundary surveys shall be submitted on a sheet size twenty-four (24) inches by thirty-six (36) inches and shall be the same St. Lucie County Land Development Code Revised through 06/30/08 11:32 Adopted August 1, 1990 ADMINISTRATION AND ENFORCEMENT 11.02.09 k. The location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas, school sites, rights of way and other public uses. 1. The pedestrian circulation system, including its interrelationship with the vehicular circulation system. m. Proposed landscaping, including the types, location, and quantity of all plants or materials, and the location of fences or screen plantings. n. The location, size, and arrangement of all existing or proposed signs or lighting. o. Boundaries depicting construction phases, if applicable. p. The approximate location and dimension of all proposed lots and all yard requirements, if applicable. q. The location and dimension all paved areas within one hundred (100) feet of the outside property boundaries. r. The location, dimension and type of construction of all buildings or structures within one hundred (100) feet of the outside property boundaries. S. A transportation impact report in accordance with the requirements of Subsec- tion 11.02.09(AX4), if applicable. t. An environmental impact report in accordance with the requirements of Subsec- tion 11.02.09(AX5), if applicable. u. A location map, which shall delineate the project boundaries on the St. Lucie County Tax Assessment Maps. V. A driveway location 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 public street that will serve the project. w. Any other information deemed necessary by the Community Development Director for the reasonable review of the proposed development. 4. Transportation Impact Report: a. Applicability. 1 Whenever submission of a site plan is required, a transportation impact study shall be provided for any proposed residential development exceeding forty-nine (49) dwelling units, or any proposed development on North or South Hutchinson Island, or any other development equal to or in excess of the thresholds identified below. - k show ---V bt on one POCIL INDUSTRL4L Manufacturing 87.000 sf it 06l90�08 St Lucie County Lend .Development Code Revised through11:36 Adopted August L 1990 ADMINISTRATION AND ENFORCEMENT 11.03.02 other applicable provisions of the St. Lucie County Code and Compiled Laws. Included with this submission material shall be all construction plans for any proposed utility improvements which shall be distributed by the County Engineer to the service provider for review. B. Application Contents. The County Engineer shall be responsible for the preparation of an application form for all construction drawings and record plat materials. All plans and materials submitted to the County Engineer in accordance with the requirements of this Section shall include but not be limited to the following. 1. All plans shall be submitted on 24" z 36" sheet sizes. 2. Construction plans shall be submitted in a format approved by the County Engineer. 3. A preliminary plan of the final plat shall be submitted in the same format as required for final plats by F.S. Ch. 177. 4. A survey of the subject property prepared by a red surveyor containing the information as described in Subsection 11.02.W9 "d this Code. 5. Site Data and Construction Details: a. Street rights -of -way, pavement widths, grades and elevations, street names, plans, profiles and cross -sections. b. Other rights -of -way or easements including locations, dimensions and purposes. C. Plans for all underground utilities including but not limited to sanitary sewers; storm sewers; water lines; and electric lines, if located underground; showing connections to existing systems, or proposals for developing new water supply; storm drainage; and sewage disposal systems; storm and sanitary profiles and, including all cross -sections; and inverts and top elevations of all structures. d. Contour changes, dikes or any created water bodies or changed water courses. e. Bulkheads and bridges; engineering plans, and cross -sections. f. Street center line dimensions, scalar block and lot layouts, lot and block numbers. g. Areas to be used for purposes other than residential and public and with the purposes, location and dimensions of each indicated. h. Any other information deemed necessary by the County Engineer or the service provider for the reasonable review of the proposed development. 6. All property owner/homeowner association documentation outlining and describing the responsibilities/liabilities of property purchasers within the proposed subdivision. C. Procedures for Review by the County Engineer. 1. Within twenty (20) working days of receipt of the all construction plans and prelimi- nary record plats, the County Engineer shall: a. Determine that the application is complete and so notify the applicant. St. Lucie County Land Development Code Revised through 06/30/06 11:49 Adopted August 1, 1990 ADMINISTRATION AND ENFORCEMENT 11.09.02 a xxxVAxx a x TAxx x 4 x x x x x c� U A a U C? x t% b y x x x 34 x 3 x x � x x 34 atl a x x x o 0 Q b .. b x & � � �a z Revised through 06l30/08 St. Lucie County Laud Development Code 11:107 Adopted August 1, 1990 ADM MTRATION AND ENFORCEMENT 11.10.09 2. Any other investigation to determine the truth and accuracy of the statements and information contained in the petition and any attachments thereto. 11.10.07. Public Hearing of Petitions for Abandonme" of County Right" Way and Public Easements for Drainage of County Rights -of -Way. A. Generally. Pursuant to F.S. § 336.10, a public hearing shall be held for any petition for abandonment which affects County right-of-way and public easements for draiaage which service a County right-of-way. B. 71me and Place of Hearing. The Board of County Commissioners hereby exercises their authority, as set forth in F.S. § 336.09, by authorizing and directing the County Engineer to establish a definite time and place to hold the public hearing required by F.S. § 336.10 and this Section and to publish the notice of the hearing. C. Publication of Notice of Public Hearing. Advertisement of such public bearing shall be as set forth in Sections 11.00.03. D. Posting of Notice of Public Hearing. The County Engineer shall notify the petitioner of the date and time of the public hearing and shall direct the petitioner to post the property with a notice of petition to vacate. The petitioner shall place the notice in a conspicuous and easily visible location, abutting a public thoroughfare when possible, on the subject property at least ten (10) days prior to the public hearing. Wk-C of E. Mailing Ablic Hearing. The County Engineer shall mail a copy of the notice of public hearing to all affected property owners as described in Section 11.00.03. F. Notice of Adoption of Resolution. If the Board of County Commissioners shall, by resolution, grant the petition, notice thereof shall be published one (1) time within thirty (30) days following the date of adoption of such resolution in a newspaper of general circulation published in the County. The proof of publication of the notice of public hearing, and the proof of publication of the notice of the adoption of the resolution, and a copy of the resolution shall be recorded in the public records. 11.10.08. Recordation of Resolution. Upon adoption of a resolution approving a petition, a certified copy of same shall be filed in the public records in accordance with F.S. § 177.101 or 336.10, whichever is applicable. 11.10.09. Effect of Recording Resolution of Abandonment A. For County rights -of -way, upon the recordation of the proof of publication of notice of public heating, proof of publication of the notice of adoption of the resolution, and a copy of the resolution in the public records, the interest of the right-of-way so closed shall be vested in accordance with provisions of F.S. § 336.12. St. Lucie County Land Development Code Revised througb Os✓s M 11:117 Adopted August 1, 1990 ADMINISTRATION AND ENFORCEMENT 11.13.02 g. All other codes, statutes, rules, regulations adopted by reference hereunder pursuant to Subsection 11.13.02(L). 11.13.02. Enforcement Procedures for Environmental Control Provisions. A. Criminal Enforcement; Procedures. t81 1. Whenever the Environmental Control Officer has received or obtain JJ that a specific violation of the provisions listed in Subsection 11.13.01 has been committed, the Environmental Control Officer may notify the state attorney of the Nineteenth Judicial Circuit of such violation. Such notice shall contain a description of the violation, the date of the violation, the location of the violation and the name and address of the violator. 2. Upon receipt of such notice, the State Attorney shall institute proceedings in a court of competent jurisdiction for prosecution of the violation. B. Civil Enforcement; Procedure. 1. It shall be the duty of the County Health Director, with the advice and assistance of the Environmental Control Officer, to determine compliance with the terms of this act (chapter). (g) 2. If any person is in violation of the provisions listed in Subsection 11.13.01 the County Health Director may give the violator reasonable time, by formal notice, within which to correct such violation. Should the violation continue beyond the time specified for corrections, the County Health Officer shall notify the Environmental Control Officer in writing of such failure to correct the violation. If any person has been in violation of this Code for conducting an activity without benefit of or in violation of the terms of a required permit or has been in violation of this Code for conducting an activity which resulted in environment damage or a public health threat, the County Health Director, in lieu of or in addition to the above procedure for formal notice, may notify the Environmental Control Officer in writing of the violation. 3. Upon receipt of the County Health Director's notice of a failure to correct violation or notice of an activity conducted without or in violation of a required permit or an unlawful activity which resulted in environmental damage or a public health threat, the Environmental Control Officer shall file a notice of non-compliance, notice of environmental damage done or public health threat created or notice of activity conducted without permit with the Environmental Control Hearing Board. 4. Within ten (10) days after filing with the Environmental Control Hearing Board of a notice of noncompliance, notice of environmental damage done or public health threat created or notice of activity conducted without permit, the Hearing Board shall notice a hearing scheduled to be held within forty-five (45) days of the filing date. Service of notice on all parties shall he completed ten (10) days before the hearing. Hearings may be continued from day -today until completed. St. Lucie County Land Development Code Revised through 06/30108 11:121 Adopted August 1, 1990 ADMINISTRATION AND ENFORCEMENT 11.14.10 3. Where such settlement or other agreement has been entered into, the Special Master shall not thereafter render a recommendation on those matters covered by the agreement. 11.14.08. Special Master Recommendation. A. If an acceptable solution is not reached by the parties after the Special Master's attempt at mediation, the special master shall consider the facts and circumstances set forth in the Request for Relief and any responses and other information produced at the hearing in order to determine whether the action by the governmental entity or entities is unreasonable or unfairly burdens the real property. B. Within fourteen (14) days after the conclusion of the hearing, the Special Master shall prepare/and file a written recommendation with all parties. Upon the receipt of any such recommendation, the County Administrator shall notify the Department of Legal Affairs as required by law. 11.14.00. Response to Special Master's Recommendation. A. Within forty five (45) days of the receipt of the Special Masters Recommendation, the County, in consultation with other governmental entities participating in the proceeding, must respond to the Special Master's Recommendation by: 1. Accepting the recommendation of the Special Master. 2. Modifying the recommendation of the Special Master 3. Rejecting the recommendation of the Special Master. Within fifteen (15) days of determining the specific action to be taken on Special masters recommendation, dation, the CountyAdministrator shall notify the Department of Legal Affairs of the County's decision, as required by law. 11.14.10. Ripeness Decision. A. If the Board of County Commissioners accepts the Special Master's recommendation or modifies it and the owner rejects the acceptance or modification, or if the County rejects the Special Master's recommendation, the County must issue a Ripeness Decision within thirty (30) days of the date of rejection. The Ripeness Decision must describe as specifically as possible what use or uses are available to the subject real property. B. The procedures established under this section, and as further directed under F.S. § 70.51, may not continue for more than one hundred and sixty five (166) days after the filing of Request for Relief, unless the period is extended by agreement of the parties. C. A decision describing the available uses constitutes the last prerequisite to judicial proceedings, unless the owner has initiated a proceeding under F.S. § 120.57. St, Lucie County Land Development Code Revised through O&SO 08 11:133 Adopted August 1, 1990 CHAPTER XQ DECISION MAKING AND ADMINH9TRATIVE BODIES 12.00.00. Board of County Commissioners 12.01.00. Environmental Control Board; Environmental Officer; Environmental Control Hearing Board 12,01.01. Regulations and Requirements. 12.02.00. Planning and Zoning Commission 12.02.01.\ Powers and Duties. 12.02.02. Membership: Appointment, Removal, Terms, Vacancies and Qualifications. 12.02.03. Chairman and Vice -Chairman. 12.02.04. Secretary. 12.02.05. Office of the Community Development Director. 12.02.06. Quorum and Necessary Vote. 12.02.07. Meetings, Hearings, and Procedures. 12.03.00. Local Planning Agency 12.03.01. Duties and Responsibilities. 12.03.02. Designation and Establishment. 12.03.03. Organization Rules and Procedures. 12.03.04. Public Meetings and Records. 12.04.00. Board of Adjustment 12.04.01. Powers and Duties. 12.04.02. Membership: Appointment, Removal, Terms, Vacancies, and Qualifications. 12.04.03. Chairman and Vice -Chairman. 12.04.04. Secretary. 12.04.05. Office of the Community Development Director. 12.04.06. Quorum and Necessary Vote. 12.04.07. Meetings, Hearings, and Procedures. 12.05.00. Office of the County Administrator 12.05.01. Jurisdiction, Authority, and Duties. 12.06.00. Office of the Community Development Director 12.06.01. Jurisdiction, Authority, and Duties. 12.07.00. Office of the Public Works Director 12.07.01. Jurisdiction, Authority, and Duties. St. Lucie County band Development Code Revised through 06/30/08 12:1 Adopted August 1, 1990 BUILDING REGS., PUBLIC WORKS CONSTRUCTION MANUAL 13.00.01 i3.00.00. BURMING CODE 13.00.01. Building Code. A. Adopted. The Florida Building Code, as described in Chapter 553.70, Florida Statutes, and as published by the State of Florida, Department of Community Affairs and the Standard F{uti d� Unsafe Building Abatement Code, 1997 edition, promulgated by the Bedom&-ilKV— Code are hereby adopted by reference as the Building Code of the County, to apply to the unincorporated areas of the County. A copy of such Code shall be filed in the Office of the Public Works Director and shall be available for public inspection during the regular business hours of such office. B. Local Amendments to the Administrative Procedures Chapter of the Florida Building Code. 1. Section 101 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections: 101.3.3 Permitting and Inspection. The inspection or permitting of any building, system or plan by the jurisdiction under the requirements of this Code shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. Neither St. Lucie County nor any employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting, unless the employee of St. Lucie County is found to have acted in bad faith or with malicious purpose in a manner exhibiting wanton and willful disregard of the safety, health and welfare of the public. **s**********s**s*ss / fipy1� 101.4.2.3.2 Unsafe Buildings shall be abated using the Stand nsafe Building Abatement Code, 1997 edition, promulgated by thee Building Code ., subject to all amendments, modifications or dele- tions hereinafter contained. 101.4.13 Rules of Construction. The rules set out in this section shall be observed, unless such construction is inconsistent with the manifest intent of this chapter. The rules of construction and definitions set out here shall not be applied to any section of this chapter which contains any express provisions excluding such construction, or where the subject matter or content of such section would be inconsistent with this section. 101.4.13.1 Generally. All provisions, terms, phrases and expressions contained in this division shall be liberally construed in order that the true intent and SL Lucie County Land Development Code Revised trough OS-MM 13:3 Adopted August 1, 19M 13.00.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 2. Section 102 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections: SECTION 102. BUILDING DIVISION. Cts. Cc.r'p 102.1 Establishment. There is herebyrwta�!Z a division of the Department of Public Works to be called the Division and the person in charge shall be known as the $d-Inspectians Manager. 102.2 Employee Qualifications: a "`P � c._ 102.2.1 Building Official Qualifications. The Public Works Director for St. Lucie County, or his designee, shall serve as the Building Official for the County, as further described in Section 103.1 of the Florida Building Code, and as further amended by this Code. The Building Official shall be licensed as a Building Code Administrator by the State of Florida, pursuant to F.S. § — d460. W09 102.2.3 Employee Qualifications. The Building Official, with the approval of the Board of County Commissioners may appoint or hire such number of officers, inspectors, plans examiners, assistants and other employees as shall be autho- rized by the Board from time to time. A person shall not be appointed or hired as inspector or plans examiner unless that parson meets the qualifications for licensure as an inspector or plans examiner, in the appropriate trade as established by the State of Florida. 102.3 Restrictions on employees. An officer or employee connected with the Division, shall not be financially interested in the f„rnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system or in the maldng of plans or of specifications thereof, within the unincorporated areas of the County or any other area of jurisdiction of the Building and Inspections Division, unless he is the owner of such. This officer or employee shall not engage in any other work which is inconsistent with his duties or conflict with the interest of the Division. 102.4 Records. The Building Official shall keep, or cause to be kept, a record of the business of the division. The records of the division shall be open to public inspection, unless amended by Florida Law. 102.5 Liability. Any officer or employee, or member of the Construction Board of A4ustments and Appeals as established under Section 108 of this Code, charged with the enforcement of the Florida Building Code or acting for the governing authority in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provisions of this Code shall be defended by the County Attorney until the final termination of the proceedings, unless such St. Lucie County Land Development Code Revised through 06/ OM 13:8 Adopted August 1, 1990 13.00.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 103.2.2 When the building official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to this Code. ` 103.3 Stop Work Orders. Upon notice from the building official, work on any building site, building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of the Florida Building Code, the St. Lucie County Land Development Code, the St. Lucie County Code and Complied Laws or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, or by posting the building, structure or property u which work is being performed and shall state the reason(s) for stopping work. ThpefldingQRcial shall not be required to give a written notice prior to stopping the work. The Building Official may authorize the issuance of stop work orders through any duly appointed or authorized officer, inspector, plans examiners, assistants and other employee of the County. 103.4 Revocation of permits. The�iAdingQ[icial is authorized to suspend or revoke a permit issued under the provisions of this Code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance, regulation or provision of the Florida Building Code, the St. Lucie County Land Development Code or the St. Lucie County Code and Complied Laws. 103.4.1 Misrepresentation of application. The Vhilding Gbicial may revoke a permit or approval, issued under the provisions of this Code, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 103.4.2 Violation of code provisions. Thel&uldingQfficial may revoke a permit upon determination by the building official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the build- ing, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of the Florida Building Code, the St. Lucie County Land Development Code or the St. Lucie County Code and Complied Laws. 103.6 Unsafe Buildings or Systems. iO3.5.1 Abatement. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or unsafe service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be SG lAide County i aad Development Code Revised tbu v DMOM 13:10 Adopted August 1, 1990 BUILDING REGS., PUBLIC WORKS CONSTRUCTION MANUAL 13.00.01 abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement Code, 1997 edition, published by the Southern Building Code Congress, International, Inc. or other provisions of the building and property maintenance code of winter park. All repairs shall be in performed in accordance with the Florida Building Code. 103.6 Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health andseneral welfare, not specifically covered by this Code, shall be determined by thei lding LC N 4. Section 104 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections: 104.1.6 Time Limitations. Except as otherwise provided in the St. Lucie County Land Development Code, an application for a permit for any proposed work shall be deemed to have been abandoned, and shall expire by limitation and become null and void six (6) months after the date of filing for the permit, or plan approval, whichever is later unless before then a permit has been issued. 104.2 Drawings and Specifications 104.2.1 Requirements 104.2.1.2 Additional data. The&ildingg[icial shall be allowed to require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. 104.2.4 Site drawings. Drawings shall show the location of the proposed building or structure and of every existing building or structure on the site or lot. No Building Permit shall be issued for development unless the application for building permit is accompanied by a copy of a survey of the property on which the requested activity is to be permitted. All surveys shall completely depict the location of the proposed building or structure and of every existing building or structure on the site or lot and shall meet the requirements of 11.05.01(AX 1Xd) of the St. Lucie County Land Development Code. 104.2.6 Hazardous occupancies. Thelwding9ficial may require the following: 1. General site plan. A general site plan drawn at a legible scale which shall include, but not be limited to, the location of all buildings, exterior storage St. Lucie County Land Development Code Revised through 08J30M 13:11 Adopted August 1, IM 13.00.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm and sanitary sewer accesses, emergency equipment and adjacent property uses. The exterior storage areas shall be identified with the hazard classes and the maximum quantities per hazard class of hazardous materials stored. 2. Building floor plan. A building floor plan drawn to a legible scale, which shall include, but not be limited to, all hazardous materials storage facilities within the building and shall indicate rooms, doorways, corridors, exits, fire rated assem- blies with their hourly rating, location of liquid tight rooms, and evacuation routes. Each hazardous materials storage facility shall be identified on the plan with the hazard classes and quantity range per hazard class of the hazardous materials stored. 104.2.8 Basic wind speed zones. As described in Section 1606.1.6 of the Florida Building Code, the basic wind speed in miles per hour, for the development of wind loads, shall be as determined from Figure 1606, and as further depicted on the basic wind speed line map, attached as Exhibit A, and incorporated herein. 104.3.1.1 Minimum plan review criteria for buildings. Manufactured / Mobile Homes 1. Site requirements • setback/separation (assumed property lines) • location of septic tanks (if applicable) 2. Structural • wind zone • anchoring • blocking 3. Mechanical • Exhaust systems • clothes dryer exhaust • kitchen equipment exhaust 4. Electrical • exterior disconnect location 104.4.6 Public right of way. A permit shall not be given by they W&ngftcial for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing St Lucie County Land Development Code Revised through W30/08 13:12 Adopted August 1, 1990 BUILDING BEGS., PUBLIC WORKS CONSTRUCTION MANUAL 13.00.01 on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has made application for right of way permits from the authority having jurisdiction over the street, alley or public lane. ******************** 104.6.5 Types of Fees Enumerated. Fees may be charged for but not limited to the following: o Permits; o Plans examination; o Certificates of competency (including fees for applications, examinations, renewal, late renewal, and reciprocity); o Re -inspections; o Administrative fees (including fees for investigative and legal costs incurred in the contest of certain disciplinary cases heard by the board); o Variance requests; o Administrative appeals; o Violations; and o Other fees as established by local ordinance or resolution. 104.6.5 Building permit valuations. If, in the opinion of the�&ildingQficial, the valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, permit shall b!4enied, unless the applicant can show detailed estimates to meet the approval of the ding C01icial. Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and other systems, including materials and labor. The permit valuation may be calculated using the latest Building Valuation Data published by the Southern Building Code Congress International or other applicable model code organization, at the option of thelihildinicial. ******************** 5. Section 105 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections: 105.1 Existing building inspections. Before issuing a permit, thejuilding Qlcial may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. He shall make a record of every such examination and inspection and of all violations of the technical codes. Revised through O6/30M 13:13 St. Lucie County Adopted moment Cie 13.00.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 105.2 Manufacturers and fabricators. When deemed necessary by the . ding9scial, he shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such paAmin ation and inspection and of all violations of the technical codes. 105.3 Inspection service. TheUildingGfficial may make, or cause to be made, the inspections required by Section 105 of the Florida Building Code. The specific required inspections and inspection sequence shall be determined upon application for a building permit. The*dding cial may accept reports of department inspectors, independent inspectors or of recognized inspection services, provided that after investigation he is satisfied as to their licensure, qualifications and reliability. A certificate required by any provision of this Code shall not be based on such reports unless the same are recorded by the building code inspector, areh��gor engineer performing building code inspections in a manner specified by th4QftcW. All persons making such inspections shall be certified in accordance to Chapter 468 Florida Statues. 105.6 Required inspections. Thilding &cial upon notification from the permit holder or his agent shall make the following inspections, and shall either release that portion of the construction or shall notify the permit holder or his agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. Building: 1.1 Foundation inspection: To be made after trenches are excavated and forms erected and shall at a minimum include the following building components: • stem -wall • monolithic slab -on -grade • piling/pile caps • footers/grade beams • column pads • waterproofing 1.2 Slab Inspection: Slab Inspections are to be made after the reinforcement is in place, all concealed conduit, piping, ducts and vents are installed, termite soil treatment, sub -grade electrical, plumbing, and mechanical work is complete. The slab shall not be poured until all previous required inspections have been approved. A foundation survey prepared and certified by a registered surveyor shall be required for all new construction prior to approval of the floor slab inspection. The survey shall certify placement of the building on the site, finish floor elevation and indicate all surrounding setback dimensions and ahall'be available at the job site for review by the building inspector. In lieu of providing a survey, the contractor may elect to uncover all property line markers and string -up all property lines in preparation for inspection. St. Lucie County Land Development Code Revised through 0613M8 13:14 Adopted August 1, 1990 13.00.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 7.0 Demolition inspections: First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition operations. • Final inspection to be made after all demolition work is completed. 8.0 Site Debris I • The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection approval. Construction job sites must be kept clean, such that accumulation of construction debris must not remain on the property for a period of time exceeding fourteen (14) days. • All debris shall be kept in such a manner as to prevent it from being spread by any means. 6. Section 108 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections: SECTION 108 CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS 108. Construction Board of Adjustments and Appeals. There is hereby established a Board to be called the Construction Board ofAdjustments and Appeals. The structure, computation and administrative procedures of the St. Lucie County Contracting Examining Board, as described in Article I, Chapter 2-5 of the St. Lucie County Code and Compiled Laws, shall be used to serve the role of the Construction Board of Adjustments and Appeals. ******************** 108.3. Powers. The Construction ward of Ajustments andF als shall have the power to hear appeals of decisions and interpretations of thding�cial of this Code in accordance with Section 108.4 of this Code. 108.3.1 Decision of the$ulding&cial. The owner of a building, structure or service s stem, or his duly authorized agent, may appeal a decision of the dingcial ttment and Appeals whenever IW ny one (1) the following conditions are claimed to exist: 1. Theldingcial rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this Code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case. St. Lucie County Land Development Code Revised through 06/30/08 13:16 Adopted August 1, 1990 BUILDING REGS., PUBLIC WORKS CONSTRUCTION MANUAL 13.00.01 4. The true intent and meaning of this Code or any of the regulations there under have been misconstrued or incorrectly interpreted. 108.4 Appeals ',(;�t 108.4.1 Decision of the adding0ficial. The owner of a building, structure or service as stem, or his duly authorized agent, may appeal a decision of the lding icial to the Construction Board of Adjustment and Appeals whenever any one (1) � owing conditions are claimed to exist: 1. The Q5cial rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this Code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case. 4. The true intent and meaning of this Code or any of the regulations there under have been misconstrued or incorrectly interpreted. 108.4.2 Variances. The Construction Board of Adjustments and Appeals, when so appealed to and after a hearing, may vary the application of any provision of this Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not appli- cable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the grant of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety and general welfare. 108.4.2.1 Conditions of the variance. In granting the variance, the lard may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the'bard may prescribe appropriate conditions and safeguards in confor- mity with this Code. Violation of the conditions of a variance shall be deemed a violation of this Code. 108.4.3 Notice of Appeal. A Notice of appeal shall be in writing and fil w►thin thirty (30) calendar days after the decision is rendered by thttldingcial. St. Lucie County Land Development Code Revised through O&BOM 13:17 Adopted August 1, IM 13.00.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE Appeals shall be in a form acceptable to thARdingQfflcial. Appeals relating to provisions of the Florida Building Code, other than local amendments, may be appealed to the Florida Building Commission, pursuant to F.S. § 120.569, regarding the local governments action. 108.4.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system which, in the opinion of tbdlg i-icial, is unsafe, unsanitary or dangerous, th4%fldin9QFftcia1 may, in his order, limit the time for 108.5 Procedures of the Board 108.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this Code. The board shall meet on call of the chairman. The*ard shall meet within thirty (30) calendar days after a notice of appeal has been received. 108.5.2 Decisions. The Construction Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the*Wd shall also include the reasons for the decision. If a decision of the$ard reverses or modifies a refusal, order, or disallowan the building official or varies the application of any provision of this Code, th Idin cial shall immediately take action in accordance with on. Every decision shall be promptly filed in writing in the office of thdcial and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otWwise to the appellant and a copy shall be kept publicly posted in a office of dinacial for two (2) weeks after filing. Every decision of theard shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. 7. Section 109 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections: SECTION 109. SEVERABHJTY 109.1 If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. 8. Section 110 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections: SECTION 110. VIOLATIONS and PENALTIES 110.1 Any person, firm, corporation or agent who shall violate a provision of this Code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, St. Lucie County Lend Development Code Revised thmugb 06/3" 13:18 Adopted August 1, 1990 13.00.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 13.00.02. Coastal Construction Code- A. � //►► A. 71t1e. The provisions contained herein shall constitute the(sastalQustructio�ode for construction within the coastal building zone and coastal barrier islands in St. Lucie County, Florida, and shall be referred to as the "Coastal Code." B. Purpose. The purpose of the Coastal Code is to provide minimum standards for the design and construction of buildings and structures to reduce the harmful effects of hurricanes and other severe storms occurring along the coastal areas of St. Lucie County, Florida, which front on the Atlantic Ocean. These standards are intended to specifically address design features which affect the structural stability of the beach, dunes, and topography of adjacent properties. Thei6astal&de is site -specific to the coastal building zone as defined in this Code and is not applicable to other locations. In the event of a conflict between this Section and other chapters in the Code, the requirements resulting in more restrictive design shall apply. No provisions in this Section shall be construed to permit any construction in any area prohibited by local city, county, state or federal regulation. C. Scope. 1. Applicability: The requirements of this Coastal Code shall apply to the following types of construction in the coastal building zone, as defined in Chapter 2 of this Code, and on coastal barrier islands in unincorporated St. Lucie County: a. The new construction of, or substantial improvement to major structures, nonhabitable major structures, and minor structures as defined in this Code. b. Construction which would change or otherwise have the potential for substantial impact on coastal zones (i.e. excavation, grading, paving). C. Construction located partially within the coastal building zone. d. Reconstruction, redevelopment or repair of a damaged structure from any cause which meets the definition of "substantial improvement," as defined herein. 2. Exceptions: The requirements of the Coastal Code shall not apply to the following: a. Minor work in the nature or normal beach cleaning and debris removal. b. Structures in existence prior to the effective date of the Code, except for substantial improvements as defined herein. C. Construction for which a valid and unexpired building permit was issued prior to February 18, 1.986. d. Construction extending seaward of the seasonal high-water line which is regu- lated by the provisions of F.S. $ 161.041(i.e. groins, jetties, moles, breakwaters, seawalls, piers, revetments, beach nourishment, inlet dredging, etc.). e. Construction of nonhabitable major structures, as defined in Chapter II, except for the requirements of Subsection 13.00.02(DX3). f. Construction of minor structures, as defined in Chapter 11, except for the requirements of Subsection 13.00.02(DX4). St. Lucie County Land Development Code Revised through W30/08 13:22 Adopted August 1, 1990 BUILDING REGS., PUBLIC WORKS CONSTRUCTION MANUAL 13.00.02 g. Structures listed in the National Register of Historic Places or the State Inventory of Historic Places. h. Construction for improvement of a major structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. 3. Applications for permits: Applications for building permits for major structures in the coastal building zone shall be certified by an architect or professional engineer registered in the State of Florida unless the structure is of normal or usual design as determined by th-iiding(p vial. Such certification shall state that the design plans and specifications for the constructaon are in compliance with the criteria established by this Coastal Code and that the requirements of the Florida Building Code, and FEMA publication 66 "Coastal Construction Manual," will be complied with. D. Coastal Construction Requirements. General: Construction within the coastal building zone and on coastal barrier islands shall meet the requirements of this section. All structures shall be designed so as to minimize damage to life, property, and the natural environment. Assistance in determining the design parameters to minimize such damage may be found in the reference documents listed in Subsection 13.00.02(Dx7). 2. Structural Requirements for Major Structures: a. Design and construction: Major structures, except for mobile homes, shall be designed and constructed in accordance with Section 1606 of the Florida Building Code, Major structures, except mobile homes, shall also comply with the applicable standards for construction found elsewhere in the Florida Building Code. b. Mobile homes: Mobile homes shall conform to the Federal Mobile Home Con- struction and Safety Standards or the Uniform Standards Code ANSI A119.1, pursuant to F.S. $ 320.823, as well as the requirements of subsection (3). C. Elevation, floodproofing and siting: All major structures shall be designed, constructed and located in compliance with the National Flood insurance Regulations as found in FEMA publication 66 "Coastal Construction Manual," or Section 6.05.00, whichever is more restrictive, regardless of flood zone designa- tion. d. Design conditions: 1. Velocity pressure. Major structures, except mobile homes, shall be designed in accordance with the requirements of Section 1606 of the Florida Building Code using a minimum fastest -mile wind velocity of one hundred twenty (120) miles per hour or a three -minute gust of one hundred forty (140) miles per hour, as setout in Table 1606.1.6.1 of the Florida Building Code. St Lucie County Land Development Code Revised through MOMS 13:23 Adopted August 1, 1990 JOBNAME: No Job Name PAGE: 162 SESS: 2 OUTPUT: Tue Mar 24 14:13:34 2009 � N /fusdpubdocs/a1d14641/14641_fuil_tag_alt 14641_bmoore 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 6) The total area of lots for workforce housing that is being provided above the eight (8) percaet that is required in a lbws or Village (see Section 3.01.03.EE.2.q), but not counting any accessory dwellings as described in Section 3.01.03.EE.2.g(3). 7) Parking areas (including access drives and aisles) that serve civic uses, targeted industry, and higher education can be counted as Open Space components; reduced asphalt and pervious surfaces are encouraged. iv. Some of the required Countryside percentage may be fulfilled by non-contiguous acreage within the TVC area provided that this acre- age is included in the proposed PTV zoning district and is similarly restricted to Countryside uses. V. Except for approved Estate Lots, the transferable development rights assigned to Fringe and Rural transect zones and to other land designated as Open Space components is formally transferred to neighborhoods in a Town or Village upon approval of a PTV applica- tion. Seebie_ 40405). At the time of final site plan approval for the PTV, evidence of this transfer must be recorded in the public records of St. Lucie County through a conservation easement acceptable to the un Attorneyand meeting the requirements of Ss cNON +04. CC f.-� (3) Location of Open Space and Countryside components in the transect. Open Space and Countryside components shall be located and arranged within the transect as described in this subsection. Figure 3-12 illustrates this description by applying vertical hatching to typical locations of Open Space and Countryside components. Fl"E 3 12 ~- �..411.11 usl �l• • i r� ��' •Vt CCUtXWy$1DE 03L1PCPE4T3 Revised through 0613MB OPEN SPACE CONPOWKT9 St. Lucie County Land Development Code 3:96 Adopted August 1, 1990 JOBNAME: No Job Name PAGE: 372 SESS: 2 OUTPUT: Tue Mar 24 14:13:34 2009 /fustlpubdocs/alt/14641/14641_full_tag_alt_14641 bmoore 5.06.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE agement facilities, park and recreation facilities and mass transit facilities shall not be less than that level set in the St. Lucie County Comprehensive Plan. The Level of Service Standards which will be utilized to determine the availability of capacity for each public facility are as follows: A. Roads and Intersections. For roads that are on the Strategic Intermodal System (SIS) designated in accordance with F.S. $§ 339.61, 339.62, 339.63 and 339.64, as they may be amended from time to time the Level of Service Standard shall be the standard adopted by the Florida Department of Transportation by rule (authority: F.S. § 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida); For roads on the Florida Intrastate Highway System (FIHS) as defined in F.S. § 338.001, as it may be amended from time to time, the Level of Service Standard shall be the standard established by the Florida Department of Transportation (FDOT) by rule (authority: F.S. § 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida); For roads funded in accordance with F.S. § 339.2819, "Transportation Regional Incentive Program" (TRIP) created by Section 12, Ch. 2005-290, Laws of Florida, the Level of Service Standard shall be the standard that is adopted by rule by the Florida Department of Transportation (FDOT) (authority: F.S. § 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida); For all other roads on the State Highway System, the Level of Service Standard shall be the standard in the Transportation Element of the adopted Comprehensive Plan of the local government jurisdiction within which the road link or intersection is located. In the unincorporated area of St. Lucie County, roads on the State Highway System that are not on the SIS, FIRS, or TRIP, and that do not have a level of service in the adopted St. Lucie County Comprehensive Plan, as it may be amended from time to time, shall be evaluated for concurrency management purposes to ensure that traffic does not exceed the maximum service volume for the affected link or intersection at Level of Service E (authority: F.S. § 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida); For state and local roads and intersections in incorporated municipalities and for roads in other counties that are impacted by development approved in the unincorporated area of St. Lucie County, and that are not on the SIS, FIRS, or TRIP, the Level of Service will be maintained in accordance with the more restrictive of the standards in the affected local government's adopted Comprehensive Plan, or adopted Concu rmx7 Management System. To the extent possible, St. Lucie County will work with theMPO _f the City of Fort Pierce, the City of Port St. Lucie, the-QL6y of St. Lucie Village, and adjacent local governments to create memoranda of understanding agreements to facilitate communication, coordination, and effective implementation of transportation concurrency management (authority: F.S. § 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida); Revised through 0613M8 5:18 St. Lucie County landDevelopmentAugust Code A t 1, 1990 JOBNAME: No Job Name PAGE: 504 SE,SS: 2 OUTPUT: Tue Mar 24 14:13:34 2009 /£ust/pubdocs/a1d14641/14641_full_tag-alt 14641 bmoore 7.04.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 4� a`• �Am 11 a.s7� A.� C Fs�"" O o m 10pgo m,18 8" •rj � m �; F a16*� ++ O .rQ � O •C@G J� 'G � A � ^� C" 01 G O � p y 0 ca R as � ��a �• p � �1 �lv w iQ Im b z '43 ° zz 13 as .'��'' .•• e in 40 °b12 �ar� O as p� 9 {3 C C m oil 3 g d I J � � C as C g G g St. Lucie County Land Development Code Revised U=Wh 06/30/08 7:38 Adopted August 1, 1990 JOBNAME: No Job Name PAGE: 532 SESS: 2 OUTPUT: The Mar 24 14:13:34 2009 /f mttpubdocs/a1d14641/14641_full_tag—alt 14641_bmoore 7.06.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE B. Existing Uses/Cha?Wes in Use. Buildings or structures existing as of the eibective date of this Code may be modernized, altered, or repaired without providing additional off-street parking or loading facilities, provided there is no increase in floor area or capacity and no change of use. Except that when building alterations consist of an expanded entry or vestibule, or increased storage area not occupied by employees, customers, or other persons, the expansions may be permitted without additional parking so long as the total increased Boor area does not exceed ten percent (10%) of the gross floor area of the building prior to the alterations. Effective March 1, 1999, any change in use to an existing building or structure, will require that all on -site parking and loading facilities be brougtit into full compliance with the provisions of this Code, except as otherwise provided here in Section 7.06.00, as it may be amended fro . If it is determined by the Growth Management Director that it is Si 2+t not possible to meet the numeric or parking stall whM parr requirements of thin Code des to the size or configuration of the existing parcel, the Growth Management Director may grant administrative reiel; st.bject to determining consistency with the Standards of Revises ast of it LL in Section 10.01.02, to the number or parking stall Aid* of parking spaces to be regairad. Any such administrative relief shall be specific to the parcel or property in question and shall be the minimum necessary to address the particular problem. Any such administrative rn1'iaf shall include specific findings of fact and shall be issued in a manner and form that is acceptable to the County Attorney. Any determination for relief that is made by the Growth Management Director shall be recorded in the public records of St. Lucie County. The Growth Mannpment Director's authority to grant administrative relief as provided in this subsection shall be limited to a maximum reduction of ten percent (10%) of the minimum requited standard. In addition, the Board of County Commissioners may grant specific additional relief Erna. the paring standards due to environmental considerations, such as micr siting for large trees, for mass transit considerations, such as providing transit stops in an area to be served with mass transit services, and superior design considerations determined exceeding the miaimum. requirements of the Land Development Code. All other requirements of this Code relating to parking surfaces, perimeter and interior landscaping and stormwater managowAnt sball be met, unless varied in accordance with the provisions of Section 10.00.00 of this Code. Far the purposes of this Section, "change in use" shall mean any change in use or activity that requires the issuance of a new zoning compliance. The provisions of this paragraph shall not apply for those changes in use interior to a common shopping center or similar multi-user building or structure provided that no additional parking is required by the proposed change in use. C. Expansion of Structure. The proposed expansion in floor area, volume, capacity, or space occupied of any structure existing on or before July 1, 1984, shall require compliance with all off-street parking and loading requirements contained in this Code to be met for both existing and new or expanded structures, except as otherwise provided here in Section 7.06.00. D. Requirement for all Weather Surface for all Required Of -Street Parking and Wthkalar Use Areas. All required off-street parking spaces, access aisles, vehicular use and off -surest loading areas constructed, expanded or altered after March 1,1999, shall be constructed with an all weather surface meeting the requirements of the St. Lucie County Public Works St. Lucie County Land DevolaQmoat Cade Revised through 06/3W8 7:66 Adopted August 1, im JOBNAME: No Job Name PAGE: 639 SESS: 2 OUTPUT: Tue Mar 24 14:13:34 2009 /first/pubdocs/alt/14641/14641_full tag-alt_14641_bmoore DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.23 N. Separation /Height. The following separation requirements shall apply to all telecommunications towers for which a building permit is required: a. Separation from off-site/designated areas. 1. Tblecommunication tower separation shall be measured from the base of the telecommunication tower to the lot line of the offsite and/or designated areas as specified in Table 7-40, except as otherwise provided in Table 7-40. 2. The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing telecommunica- tions tower(s) and the owner/operator of the existing telecommunications tower(s), if known: 3. Separation requirements for towers shall comply with the minimum stan- dards established in Table 7-40. Table 7-40 From any habitable residential structure 750 feet or 20096, of telecommunications except for accessory security residences in tower height, whichever is greater IH and U zoning districts From the property line of vacant residen- 750 feet or 200% of telecommunications tially zoned land tower height, whichever is ter' From any non -residentially zoned land Fall radius or zoning setback, whichever and accessory security residences in M, is greater IH and U zoning distracts Separation measured from base of telecommunications tower to closest building setback line. 4. Separation distances between telecommunications towers shall be applica- ble for and measured between the proposed telecommunications tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the base of the pre-existing telecommu- nications tower and the proposed base, pursuant to a site plan, of the proposed telecommunications tower. The separation distance shall be a minimum of one (1) mile, regardless of type of towers. 5. The Board of County Commissioners may approve variances from the separation requirements to habitable residential structures, and to vacant residentially zoned land, provided that no variance shall permit a separa- tion distance of less than that required from non-residential land. 6. The Board of County Commissioners shall not approve a variance except upon specific written findings of fact based directly upon the particular facts submitted to them showing that: a. A literal interpretation of the provisions of Table 7-40 would render the applicant in violation of State or Federal law or would preclude provision of service in the desired area. St. Lucie County Land Derelopmsat Cade Revised through 06/30/08 7:173 Adopted August 1.1990 JOBNAME: No Job Name PAGE: 916 SESS: 2 OUTPUT: Tue Mar 24 14:13:34 2009 /fusdpubdocs/a1d14641/14641_full_tag-alt 14641_bmoore 13.00.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this Code. 103.3 Stop Work Orders. Upon notice from the Building Official, work on any building site, building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of the Florida Building Code, the St. Lucie County Land Development Code, the St. Lucie County Code and Complied Laws or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his/her agent, or to the person doing the work, or by posting the building, structure or property upon which work is being performed and shall state the reason(s) for stopping work. The Building Official shall not be required to give a written notice prior to stopping the work. The Building Official may authorize the issuance of stop work orders through any duly appointed or authorized officer, inspector, plans examiners, assistants and other employee of the County. 103.4 Revocation of permits. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this Code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance, regulation or provision of the Florida Building Code, the St. Lucie County Land Development Code or the St. Lucie County Code and Complied Laws. 103.4.1 Misrepresentation of application. The Building Official may revoke a permit or approval, issued under the provisions of this Code, in case there has been any false statement or misrepresentation as to the material fad in the application or plans on which the permit or approval was based. 103.4.2 Violation of code provisions. The Building Official may revoke a permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the build- ing, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of the Florida Building Code, the St. Lucie County Land Development Code or the St. Lucie County Code and Complied Laws. 103.5 Unsafe Buildings or Systems. 103.5.1 Abatement. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or unsafe service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance wfth the provisions of the ' ZNk+'�1o►}i pe✓!� �+14+�1�v1onCc Cnalt St. Lucie County Land Development Code Revised through 06 JGM 13:10 Adopted August 1, 1990 JOBNAME: No Job Name PAGE: 917 SESS: 2 OUTPUT: Tue Mar 24 14:13:34 2009 /fusdpubdocs/a1d14641/14641_full_tag_alt 14641_bmoore BUILDING R.EGS., PUBLIC WORKS CONSTRUCTION MANUAL 13.00.01 (,�FtrNaka►� as God t (AW461 , D.K . published by the All repairs shall be in performed in accordance with the Florida Building Code. 103.6 Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this Code, shall be determined by the Building Official. 4. Section 104 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections: 104.1.6 Time Limitations. Except as otherwise provided in the St. Lucie County Land Development Code, an application for a permit for any proposed work shall be deemed to have been abandoned, and shall expire by limitation and become null and void six (6) months after the date of filing for the permit, or plan approval, whichever is later unless before then a permit has been issued. 104.2 Drawings and Specifications 104.2.1 Requirements 104.2.1.2 Additional data. The Building Official shall be allowed to require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. 104.2.4 Site drawings. Drawings shall show the location of the proposed building or structure and of every existing building or structure on the site or lot. No Building Permit shall be issued for development unless the application for building permit is accompanied by a copy of a survey of the property on which the requested activity is to be permitted. All surveys shall completely depict the location of the proposed building or structure and of every existing building or structure on the site or lot and shall meet the requirements of 11.06.01(A)(1Xd) of the St. Lucie County Land Development Code. 104.2.6 Hazardous occupancies. The Building Official may require the following: 1. General site plan. A general site plan drawn at a legible scale which shall include, but not be limited to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm and sanitary sewer Revised through OaGG/08 13:11 St. Lucie County 1�p�ve� August 1, Code JOBNAME: No Job Name PAGE: 919 SESS: 2 OUTPUT: Tue Mar 24 14:13:34 2009 /fust/pubdocs/alt/14641 / 14641 _ful l_tag_alt_ 14641_bmoore BUILDING BEGS., PUBLIC WORKS CONSTRUCTION MANUAL 13.00.01 104.6.5 Types of Fees Enumerated. Fees may be charged for but not limited to the following. o Permits; o Plans examination; o Certificates of competency (including fees for applications, examinations, renewal, late renewal, and reciprocity); o Re -inspections; o Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the Board); o Variance requests; o Administrative appeals; o Violations; and o Other fees as established by local ordinance or resolution. 104.6.5 Building permit valuations. If, in the opinion of the Building Official, the valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, permit shall be denied, unless the applicant can show detailed estimates to meet the approval of Ow Building Official. Permit valuations shall include total cost, such as electrical, gas, mechanical plumbing equipment and other systems, including materials and labor. The psrnit valuation may be calculated using the latest Building Valuation Data published by the COvty1 G uslNn t-6 Ma 5t,.1i \% cN Ser ce t as pwo1 i s 6 wud 61 fl+- 5. Section 105 of the Florida Building Code, as applied to a=in Lucie County, is amended to add the following Sections: 105.1 Existing building inspections. Before issuing a permit, the Building Official may examine or cause to be examined ed any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. He shall make a record of every such examination and inspection and of all violations of the technical codes. 105.2 Manufacturers and fabricators. When deemed necessary by the Building Official, he shall make, or cause to be made, an inspection of materials or ansembbes at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. St. Lucie County Land Devokpansnt Csde Revised through o6190" 13:13 Adopted August L MO JOBNAME: No Job Name PAGE: 931 SESS: 2 OUTPUT: Tue Mar 24 14:13:34 2009 /first/pubdocs/alt/14641/14641_full_tag_alt_14641 bmoore BUILDING REGS., PUBLIC WORKS CONSTRUCTION MANUAL 13.08.02 Florida Department of Environmental Protection, Division of Beaches and Shores Technical and Design Memoranda. "Naval Facilities Engineering Command Design Manual, NAVFAC DM-26," U.S. Department of the Navy. Coastal Construction Manual, Federal Emergency Management Agency, February, 1986. (Please note that the wind design section is based upon the Florida Building Code, as described in Chapter 553.70, Florida Statutes 13.01.00 (RESERVED) 13.02.00 (RESERVED) 13.03.00 (RESERVED) 13.04.00 (RESERVED) 13.05.00 (RESERVED) 18.06.00 (RESERVED) 1&07.00 (RESERVED) 1&0&00. STANDARD HOUSING CODE. 13108.0T"k4waito" Mcami" aim Cock. T a#t>w�+.j Cock CO3,.&, c; I,1N c . The Standwd ieaei it , as promulgated by the is adopted by reference as the Standard Housing Code of the County, to apply to the unincorporated areas of the County. A copy of such code shall be filed in the office of the Public Works Director and shall be available for public inspection during the regular business hours of such office. 13.0&02. Administration. A. The County Administrator may delegate or assign all or part of the responsibilities associated with the administration of the Standard Housing Code to the St. Lucie County Public Health Unit. B. The County Administrator shall serve as the Housing Official referenced in the Standard Housing Code. St. 1;ucie County IAnd Development Code Revised through 06/30108 13:25 Adopted August 1, 1990 ORDINANCE NO.07-054 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, AMENDING CHAPTER 1-20.5 OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS TO LBUT IRRIGATION HOURS; TO REQUIRE PERSONS PURCHASING IRRIGATION SYSTEMS TO INSTALL A RAIN SENSOR +- DEVICE; TO ALLOW THE BOARD OF COUNTY CObOVIISSIONERS TO DECLARE A WATER SHORTAGE g OR WATER SHORTAGE EMZRGENCY; TO AMEND SECTION 7.09.04 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO REQUIRE AUTOMATIC RAIN SENSORS ON IRRIGATION SYSTEMS IN DETACHED SINGLE-FAMILY, TWO-FAMILY, AND THREE-FAMILY RESIDENCES; AND TO LIMIT IRRIGATION HOURS; • PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING; PROVIDING AN zFFECr1VZ DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION. The Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: WHEREAS, the South Florida Water Management District requires that mines requesting water supply allocations in excess of 500,000 gallons per day prepat a Water Conservation Plan as part of the Water Use Permit Process; and WHEREAS, St. Lucie County is in the process of applying for a Water Use Permit modification for future water treatment plants that would cause the County's allocation to exceed the 500,000 gallon threshold; and WHEREAS, St. Lucie County is committed to venter conservation as a nw� to provide proper stewardship over existing water resources that have been allocated to it; and WHEREAS, St. Lucie County is already in compliance with a number of the mandatary water conservation elements required by South Florida Water Management District; and WHEREAS, this ordinance would bring St. Lucie County's Code and Compiled Laws and St. Lucie County's Land Development Code in compliance with the mandatory water conservation elements; and WHEREAS, on August 1,1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code; and 9trae>c d ongh passages are delcud. Underlined passages arc added. Page 1 of 9 WHEREAS, the Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 - March 14,1991 91-09 - May 14, 1991 91-21 - November 7, 1991 92-17 - June 2, 1992 93-01 - February 16, 1993 93-03 - February 16, 1993 93-05 - May 25, 1993 93-06 - May 25, 1993 93-07 - May 25, 1993 94-07 - June 22,1994 94-18 - August 16,1994 94-21 - August 16,1994 95-01 - January 10, 1995 96-10 - August 6,1996 97-01 - March 4,1997 97-09 - October 7, 1997 97-03 - September 2,1997 99-01 - February 2, 1999 99-02 - April 6, 1999 99-03 - August 17, 1999 99-04 - August 17,1999 99-05 - July 20, 1999 99-15 - July 20, 1999 99-16 - July 02, 1999 99-17 - September 7, 1999 99-18 - November 2, 1999 00-10 - June 13, 2000 00-11 - June 13, 2000 00-12 - June 13, 2000 00-13 - June 13, 2000 01-03 - December 18, 2001 02-05 - June 24, 2002 02-09 - March 5, 2002 02-20 - October 15, 2002 02-29 - October 15, 2002 03-05 - October 7, 2003 04-02 - January 20, 2004 04-07 - April 20, 2004 04-33 - December 7, 2005 05-01 - March 15, 2005 05-03 - August 2, 2005 05-04 - August 2, 2005 05-07 - January 18, 2005 05-16 - August 16, 2005 05-23 - September 20, 2005 06-05 - April 18, 2006 06-13 - June 6, 2006 06-17 - May 30, 2006 06-18 - May 30, 2006 06-22 - July 18, 2006 06-30 - September 12, 2006 06-47 - December 5, 2006 07-11 - February 6, 2007 07-17 - June 5, 2007 VVHFJtEAS, on September 20, 2007, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved; and WHEREAS, on November 20, 2007, this Board held its first public hewing on the proposed ordinaax, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on November 6, 2007; and WHEREAS, on December 11, 2007, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such bearing in the Port St. Lucie News and the Soak 6woo pum8n are dewed. jbdaie ed passes are added. Page 2 of 9 Tribune on November 30, 2007; and WHEREAS, the proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. PART A. The specific amendments to Chapter l -20.5 of the St. Lucie County Code and Complied Laws to read as follows, include: ARTICLE I. Unchanged ARTICLE U. WATER SHORTAGE PLAN Sec.1-20.5-35. Intent and Purpose. It is the intent and purpose of this article to pro boct the water resoucoes of the county firm the hand M effects of ova utilization of SM111 = dui periods of water shone and aMocaud avaihMc water supplies by cteati¢ its own water assisting the South Florida Wrier Management District in the implementation of its water shortage plan. See.120.5-36. Definitions. For the purposes of this article, the following teams, phrases, words and their dwivslkw dM have &e nwa mgs giwan hmtwL Whcn not kwonw3twit with the coearidei, words a wd m A s l . t®sa is ck de the fut m, words in the plural include the singular and words in &c smpdw include the pMW- The word "shall' is always mandatory and not merely discretionary. District is the South Florida Water Management District. Person is any person, firm, partnership, association, corporation, company or orgw ization of any kind. Water resource means any and all water on or beneath the su rfaoe of the ground, inchWing na W or artificial water courses, lakes, ponds or diffused surface water, and water percoladn6, standing or flowing beneath the surface of the ground. Water shortage condition is when sufficient water is not available to mod prow t or anticipated needs of persons using the water resource, or when conditions are such as to require a temporary reduction in total water usage within a particular area to protect water resource fiam serious harm. A water shortage usually occurs due to drought. Ohm* dow4h pasW are deleted. JbIjWh Q pw qes are added. Page 3 of 9 PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict PART D. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be u Qrtionsl9 inoperative, or void, such holding shall not affect the remaining portions of this ordbume. If this ordinance or any provision thereof shall beheld to be inapplicable to any pemm% property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of motive Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. Wwtlre µ pmwgw are deleted. jhdUWW paaapa an added. Page 8 of 9 AGENDA REQUEST ITEM NO. VII - D DATE: 05/05/09 REGULAR ( ) PUBLIC HEARING (x ) LEG. (x ) QUASWD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark Satterlee, AI SUBMITTED BY: Growth Management Department Director SUBJECT: Ordinance No, 09-012 accepting the draft St. Lucie County Land Development Code (LDC) received from Municipal Code Corporation (Municode) as the official Land Development Code of St. Lucie County. BACKGROUND: On March 18, 2008, the Board of County Commissioners accepted a proposal from Municipal Code Corporation for publication of the LDC. Staff has reviewed the draft and found it to be consistent with the existing version of the Code and incorporates all adopted ordinances to date. FUNDS AVAILABLE: 102-1510-534000-100 — Other Contractual Services PREVIOUS ACTION: March 18, 2008, BOCC approval of proposal from Municipal Code March 24, 2009, BOCC approved pemnission to advertise this item for public hearings April 16, 2009 — P&Z recommended approval RECOMMENDATION: Board approval of Ordinance 09-012. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Sionaturres CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney ( ) Icy �^ �;z„ County Surveyor ( ) Darnel S. McIntyre /H=- ems.,-- Y---3 County Engineer ( ) Michael Powley Originating Dept. M rk Satterlee ERD ( ) Ron Harris Karen Smith yr .' �2 _G Growth Management Department MEMORANDUM TO: Board of County Commissioners FROM: Mark Satterlee, Direct Growth Management D rtment DATE: May 5, 2009 SUBJECT: Ordinance No, 09-012 accepting the draft St. Lucie County Land Development Code (LDC) received from Municipal Code Corporation (Municode) as the official Land Development Code of St. Lucie County. ITEM NO. VII - D Background: In addition to adopting Ordinance 09-013 to correct non -substantive errors in the LDC prior to Municode publication, it is also advised that Ordinance 09-012 be adopted officially recognizing the "Municode" edition as the official version of the St. Lucie County Land Development Code. As stated with the companion ordinance, this official version will contain the correction of numerous errors staff has noted in the code recently and over the years. The benefits of conversion to the Municode version are numerous, and include: * Municode is the current industry standard for code publication in the State of Florida. Most of the city and county codes in Florida are published by Municode. As such, most people familiar with using codes know to look on the Municode website before contacting the local jurisdiction for copies of ordinances. * Creation of a standardized code that will be maintained and updated on a regular basis. Municode will issue the County 50 code binders that will be updated on a quarterly basis. The quarterly updates will be issued for all 50 editions. The 50 binders will be issued to the Board, Administration, Planning & Zoning members, and numerous County staff. The code will be available and maintained on-line. Further, new adopted ordinances will be available on-line shortly after being transmitted to Municode — versus the hard copies of new ordinances which will be provided quarterly. All of the above will dramatically reduce the incorrect versions of the Land Development Code being in circulation. It will also eliminate the sporadic and/or inconsistent updating of all codes. Recommendation Board approval of Ordinance 09-012. 11 Agenda Request Item Number III-G Meeting Date: 04h612009 Consent [ j Regular [ X j Public Hearing t Leg. [ ] Quasi -JD t 3 To: Planning and Zoning _Commission _ Presented By Submitted By: Growth Management Department Mbt atterlee, AICP Growth Management Director SUBJECT: Ordinance No, 09-012 accepting the draft St. Lucie County Land Development Code (LDC) as received from Municipal Code Corporation (Municode) as the official Land Development Code of St. Lucie County. BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Planning and Zoning: APPROVED [� OTHER On Mardi 18, 2008, the Board of County Commissioners accepted a proposal from Municipal Code Corporation for publication of the LDC. Since that time, Growth Management staff, in coordination with several other departments, has received and reviewed the draft Municode edition of the Land Development Code to Insure consistency with the existing version of the Code. This review has identified numerous non -substantive changes needed to correct existing errors contained within the current version of the Land Development Code. These corrections will be considered in Ordinance No. 09-013. Funds were previously allocated from Account no.102-1510-534000-100 March 18, 2008, the Board of County Commissioners accepted a proposal from Municipal Code Corporation for publication of the LDC. March 24, 2009, the Board of County Commissioners unanimously voted to approve permission to advertise this item for public hearing. Staff recommends that the Planning and Zoning Commission forward a recommendation of approval of Ordinance 09-012 to the Board of County Commissioners. Form No. 07-28 GROWTH MANAGEMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning and Zordng Commission FROM: Mark Satterlee, AICP, Growth Management Directo DATE: March 31, 2009 SUBJECT: Ordinance No, 09-012 accepting the draft St. Lucie County Land Development Code (LDC) as received from Municipal Code Corporation (Municode) as the official Land Development Code of St. Lucie County. Growth Management has received a draft of the St. Lucie County Land Development Code from Municipal Code Corporation. Staff has reviewed the draft and found it to be consistent with the existing version of the Code and incorporates all adopted ordinances to date. In addition to adopting ordinance 09-013 to correct non -substantive errors in the Land Development Code prior to Municode publication, it is also advised that ordinance 09-012 be adopted officially recognizing the "Municode" edition as the official version of the St Lucie County Land Development Code. As stated with the companion ordinance, this official version will contain the correction of numerous errors staff has noted in the code recently and over the years. The benefits of conversion to the Municode version are numerous, and include: • Municode is the current industry standard for code publication in the State of Florida. Most of the city and county codes in Florida are published by Municode. As such, most people familiar with using codes know to look on the Municode website before contacting the local jurisdiction for copies of ordinances. • Creation of a standardized code that will be maintained and updated on a regular basis. Municode will issue the County 50 code binders that will be updated on a quarterly basis. The quarterly updates will be issued for all 50 editions. • The code will be available and maintained on-line. Further, new adopted ordinances will be available on-line shortly after being transmitted to Municode — versus the hard copies of new ordinances which will be provided quarterly. All of the above will dramatically reduce the incorrect versions of the Land Development Code being in circulation. It will also eliminate the sporadic and/or inconsistent updating of all codes. Planning and Zoning Commission Municode Ordinance No. 09-012 March 31, 2009 Page 2 A review by the Local Planning Agency and two public hearings before the Board of County Commissioners are required to approve such changes before final publication. Staff recommends that the Planning and Zoning Commission forward a recommendation of approval for Ordinance No. 09-012 to the Board of Courtly Commissioners. I ORDINANCE NO. 09-012 2 3 AN ORDINANCE AMENDING THE ST. UXIE COUNTY LAND 4 DEVELOPMENT CODE BY ACCEPTING THE REFORMATTED 5 LAND DEVELOPMENT CODE AS PREPARED BY THE MUNICtPAL 6 CODE CORPORATION; PROVIDING FOR CONFLICTING 7 PROVISIONS. SEVERABWTY AND APPLICABILITY; 8 PROVIDING FOR FWNG WITH THE FLORIDA DEPRATMENT 9 OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION; 10 AND PR=DMW FOR AN EFFECTIVE DATE 11 12 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the 13 following determinations: 14 is 1. On August 1,1990, the Board of County Commissioners of St. Lucie County, Florida, 16 adopted the St. Lucie County Land Development Code. 17 18 2. The Board of County Commissioners has adopted certain amendments to the St. 19 Lucie County Land Development Code, through the following Ordinances: 20 21 91-03 March 14,1991 91-M May 14,1991 22 91-21 November 7,1991 92-17 June 2,1992 23 93-01 February 16,1993 93-03 February 16,1993 24 93-05 May 25,1993 93-06 May 25,1993 25 93-07 May 25,1993 94-07 June 22,1994 26 94-18 August 16.1994 94-21 August 16,1994 27 95-01 January 10,1995 96-10 August 6,1996 28 97-01 March 4,1997 97-09 October 7,1997 29 97-03 September 2,1997 99-01 February 2,1999 30 99-02 April 6,1999 99-03 August 17,1999 31 99-04 August 17,1999 99-05 July 20,1999 32 99-05 July 20,1999 99-015 July 02,1999 33 99-16 September 7,1999 99-018 November 2,1999 34 00-10 June 13, 2000 OD-011 June 13, 2000 35 00-12 June 13, 2000 00-013 June 13, 2000 36 01-03 December 18, 2001 02-05 June 24, 2002 37 02-09 March 5, 2002 02-20 October 15, 2002 38 02-29 October 15, 2002 03-05 October 7, 2003 39 04-02 January 20, 20D4 04-07 April 20, 2004 40 05-07 January 18, 2005 05-013 November 8, 2005 41 05-16 August 16, 2006 05-023 September 20, 2005 42 06-005 Apri 118, 2006 06-013 June 6, 2006 43 06-17 May 30, 2006 06-018 May 30, 2006 44 06-022 July 18, 2006 06-030 September 12, 2006 1hnder laed pasxWe are added. Stmeit-Mwuyh passages are deleted. 1 r 06-047 December 5, 2006 07-015 May 1, 2007 07-032 November 6, 2007 07-055 November 20, 2007 08-025 September 16, 2009 07-011 February 6, 2007 07-017 June 5, 2007 07-054 December 11, 2007 08-012 September 9, 2008 09-003 January 20, 2009 4. The Board has determined it is necessary to further amend the Land Development Code by adopting the reformatted Code prepared by the Municipal Code Corporation in order to provide greater accessibility and ease of use by members of the public. 3. On . the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. On , this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on 12009 5. On , this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on 2009. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ADOPTION OF AMENDMENTS TO ST. LUCIE COUNTY LAND DEVELOPMENT CODE The Board of County Commissioners hereby adapts the reformatted St. Lucie County Land Development Code prepared by the Municipal Code Corporation as attached hereto and incorporated herein as Exhibit "A" along with changes considered through Ordinance No. 09-013 attached hereto as Exhibit "B." PART S. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conf lict. PART C. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. Underlined passages are added. 2 S#wek 4hreugk passages are deleted. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PART D. SEVERABILM. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. FILING WITH THE DWARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. (The remainder of this page has been intentionally left blank.) VndeHimd passages we added. 3 Stmolo *hPougb passages are deleted. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 35 36 37 PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ADOPTED this ATTEST: Deputy Clerk S:\atty\m-dinawe\2009\09-012.doc Underlined passages are added. 4 day of , 2009. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Stwo{tAaedyh passages are deleted. JOBNAME: No Job Name PAGE: 3 SESS: 2 OUTPUT: Tue Mar 24 14:13:34 2009 /first/pubdocs/alt/ 14641 / 14641_full_tag—alt_ 14641_bmoore 3 r Draft attached on cd 90 pgs i LAND DEVELOPMENT CODE ST. LUCIE COUNTY, FLORIDA Published by Order of the County Commissioners MUNICIPAL CODE CORPORATION Tallahassee, Florida Republished 2009 JOBNAME: No Job Name PAGE: 162 SESS: 2 OUTPUT: Tue Mar 24 14:13:34 2009� , N /fustfpubdocs/a1U14641/14641_full_tag—alt 14641_bmoore 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 6) The total area of lots for workforce housing that is being provided above the eight (S) perc ust that is required in a lbwn or Pillage (see Section 3.01.03.EE.2.q), but not counting any accessory dwellings as described in Section 3.01.03.EE.2.g(3). 7) Parking areas (including access drives and aisles) that serve civic uses, targeted industry, and higher education can be counted as Open Space components; reduced asphalt and pervious surfaces are encouraged. iv. Some of the required Countryside percentage may be fulfilled by non-contiguous acreage within the TVC area provided that this acre- age is included in the proposed PTV zoning district and is similarly restricted to Countryside uses. V. Except for approved Estate Lots, the transferable development rights assigned to Fringe and Rural transect zones and to other land designated as Open Space components is formally transferred to neighborhoods in a lbwn or Pillage upon approval of a PTV applica- tion. the required pereentage of Govak-ydde, a multiplier may be applied to seaden-4.94.05): At the time of final site plan approval for the PTV, evidence of this transfer must be recorded in the public records of St. Lucie County through a conservation easement acceptable to the County Attorney d meeting the requirements of �.eHoN 4•C 4• C (3) Location d'(pen Space �nd Countryside �C"t or Dag 1�t'Ck�• components in the transect. Open Space and Countryside components shall be located and arranged within the transect as described in this subsection. Figure 3-12 illustrates this description by applying vertical hatching to typical locations of Open Space and Countryside components. CCW-WYSIDE CDrPChE4T3 Revised through 0&30/08 F1 3WE 3 12 OPEN SPIWE COWPOI,"T9 St. Lucie County Land Development Code 3:96 Adopted August 1, 1990 JOBNAME: No Job Name PAGE: 372 SESS: 2 OUTPUT: Tue Mar 24 14:13:34 2009 /fimtJpubdocs/alt/14641/14641_full_tag_alt_14641 bmoore 5.06.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE agement facilities, park and recreation facilities and mass transit facilities shall not be less than that level set in the St. Lucie County Comprehensive Plan. The Level of Service Standards which will be utilized to determine the availability of capacity for each public facility are as follows: A. Roads and Intersections: For roads that are on the Strategic Intermodal System (SIS) designated in accordance with F.S. §§ 339.61, 339.62, 339.63 and 339.64, as they may be amended from time to time the Level of Service Standard shall be the standard adopted by the Florida Department of Transportation by rule (authority: F.S. § 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida); For roads on the Florida Intrastate Highway System (FIRS) as defined in F.S. § 338.001, as it may be amended from time to time, the Level of Service Standard shall be the standard established by the Florida Department of Transportation (FDOT) by rule (authority: F.S. § 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida); For roads funded in accordance with F.S. § 339.2819, "Transportation Regional Incentive Program" (TRIP) created by Section 12, Ch. 2005-290, Laws of Florida, the Level of Service Standard shall be the standard that is adopted by rule by the Florida Department of Transportation (FDOT) (authority: F.S. § 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida); For all other roads on the State Highway System, the Level of Service Standard shall be the standard in the Transportation Element of the adopted Comprehensive Plan of the local government jurisdiction within which the road link or intersection is located. In the unincorporated area of St. Lucie County, roads on the State Highway System that are not on the SIS, FIRS, or TRIP, and that do not have a level of service in the adopted St. Lucie County Comprehensive Plan, as it may be amended from time to time, shall be evaluated for concurrency management purposes to ensure that traffic does not exceed the maximum service volume for the affected link or intersection at Level of Service E (authority: F.S. § 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida); For state and local roads and intersections in incorporated municipalities and for roads in other counties that are impacted by development approved in the unincorporated area of St. Lucie County, and that are not on the SIS, FIRS, or TRIP, the Level of Service will be maintained in accordance with the more restrictive of the standards in the affected local government's adopted Comprehensive Plan, or adopted Concusrency Management System. To the extent possible, St. Lucie County will work with theme, �� the City of Fort Pierce, the City of Port St. Lucie, the4ty of St. Lucie VULW, and adjacent local governments to create memoranda of understanding interfocal agreements to facilitate communication, coordination, and effective implementation of transportation concurrency management (authority: F.S. § 163.3180(10), as amended by Section 5, Ch. 2005-290, Laws of Florida); St_ Lucie County Land Development Code Revised through 06/3W8 5:18 Adopted August 1, 1990 JOBNAME: No Job Name PAGE: 504 SESS: 2 OUTPUT: Tue Mar 24 14:13:34 2009 /fast/pubdocs/alt/14641/14641_full_tag.alt_14641 bmoore 7,04.01 ST. LUCi E COUNTY LAND DEVELOPMENT CODE a. m3 � w L xmj '�u �� .$ a ijm-a-8 � C g C od 1-3 �°o d aAq,, �a�y m m lid ° pR 6k !ya Y ri A Ir� des e 8'ad� O >s -5 t� doa°R m Ci 'd (S� W y 7 �m u "jGW; OHO m g C3' S m C m ,c� m i1° Oo �a?�a?ga?/(/(/(ppp � � m � � 0 O � '•0�., � �j � O � C � '��".. •� O 2 m m � � C a� a� G p 0^ O z zze o as .,�.T •� m e m tiewin ; O 0 O e, �r� to 6o berg �+ow 'O pp ty Hs X a0 A u 'O o C St. Lucie County Land Development Code Revised through 06/3(N08 7:38 Adopted August 1, 1990 JOBNAME: No Job Name PAGE: 532 SESS: 2 OUTPUT: 'hie Mar 24 14:13:34 2009 /fust/pubdocs/alt/14641/14641 _fuii_tag_alt_ 14641_bmoore 7.06.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE B. Existing Uses/Changes in Use. Buildings or structures existing as of the effective date of this Code may be modernized, altered, or repaired without providing additional off-street parking or loading fatalities, provided there is no increase in floor area or capacity and no change of use. Except that when building alterations consist of an expanded entry or vestibule, or increased storage area not occupied by employees, customers, or other persons, the expansions may be permitted without additional parking so long as the total increased floor area does not exceed ten percent (10%) of the gross floor area of the building prior to the alterations. Effective March 1, 1999, any change in use to an existing building or structure, will require that all on -site parking and loading facilities be brought into full compliance with the provisions of this Code, except as otherwise provided here in Section 7.06.00, as it may be amended from time to tim. If it is determined by the Growth Management Director that it is Si Zt not possible to meet the numenc or parking stall wig parking requirements of this Code due to the size or configuration of the existing parcel, the Growth Management Director may grant Z.t .administrative relies; subject to determining consistency with the Standards of Review set out in Section 10.01.02, to the number or parking stall iid* of parking spaces to be required. Any such administrative relief shall be specific to the parcel or property in question and shall be the minimum necessary to address the particular problem. Any such administrative relief shall include specific findings of fact and shall be issued in a manner and foam that is acceptable to the County Attorney. Any determination for relief that is made by the Growth Management Director shall be recorded in the public records of St. Lucie County. The Growth Management Director's authority to grant administrative relief as provided in this subset shall be limited to a maximum reduction of ten percent (10%) of the minimum required standard. In addition, the Board of County Commissioners may grant specific additional relief firom the parking standards due to environmental considerations, such as micrositing for large trees, for mass transit considerations, such as providing transit stops in an area to be served with mass transit services, and superior design considerations determined exceeding the minimum requirements of the Land Development Code. All other requirements of this Code relating to parking surfaces, perimeter and interior landscaping and stormwater management shall be met, unless varied in accordance with the provisions of Section 10.00.00 of this Code. For the purposes of this Section, "change in use" shall mean any change in use or activity that requires the issuance of a new zoning compliance. The provisions of this paragraph shall not apply for those changes in use interior to a common shopping center or similar multi-user building or structure provided that no additional parking is required by the proposed change in use. C. Expansion of Structure. The proposed expansion in floor area, volume, capacity, or space occupied of any structure existing on or before July 1, 1984, shall require compliance with all off-street parking and loading requirements contained in this Code to be met for both existing and new or expanded structures, except as otherwise provided here in Section 7.06.00. D. Requirement for all Weather Surface for all Required Off -Street Parking and Wehicular Use Areas. All required off-street parking spaces, access aisles, vehicular use and off-street loading areas constructed, expanded or altered after March 1, 1999, shall be constructed with an all weather surface meeting the requirements of the St. Lucie County Public Works St. Lucie County Land Development Code Revised through 0&30/08 7:66 Adopted August 1, 1890 IOBNAME: No lob Name PAGE: 639 SESS: 2 OUTPUT: Tue Mar 24 14:13:34 2(()9 /firsdpubdocs/alt/14641 / 14641 _fu I I_tay—al t_ 14641 _bmoore DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.23 N. Separation /Height. 1. The following separation requirements shall apply to all telecommunications towers for which a building permit is required: a. Separation from off-site/designated areas: 1. Telecommunication tower separation shall be measured from the base of the telecommunication tower to the lot line of the off -site and/or designated areas as specified in Table 7-40, except as otherwise provided in Table 7-40. 2. The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing telecommunica- tions tower(s) and the owner/operator of the existing telecommunications tower(s), if known: 3. Separation requirements for towers shall comply with the minimum stan- dards established in Table 7-40. Table 7-40 From any habitable residential structure 750 feet or 20OTo of telecommunications except for accessory security residences in tower height, whichever is greater EL 1H and U zoning districts From the property line of vacant residen- 750 feet or 200% of telecommunications tially zoned land tower height, whichever is ater' From any non -residentially zoned land Fall radius or zoning setback, whichever and accessory security residences in IL, is greater 1H and U zoning districts Separation measured from base of telecommunications tower to closest building setback line. 4. Separation distances between telecommunications towers shall be applica- ble for and measured between the proposed telecommunications tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the base of the pre-existing telecommu- nications tower and the proposed base, pursuant to a site plan, of the proposed telecommunications tower. The separation distance shall be a minimum of one (1) mile, regardless of type of towers. 5. The Board of County Commissioners may approve variances from the separation requirements to habitable residential structures, and to vacant residentially zoned land, provided that no variance shall permit a separa- tion distance of less than that required from non-residential land. 6. The Board of County Commissioners shall not approve a variance except upon specific written findings of fact based directly upon the particular facts submitted to them showing that: a. A literal interpretation of the provisions of Table 7-40 would render the applicant in violation of State or Federal law or would predude provision of service in the desired area. St. Lucie County Land Development Code Revised through 06/30(08 7:173 Adopted August 1. 1990 JOBNAME: No Job Name PAGE: 916 SESS: 2 OUTPUT: Tue Mar 24 14:13:34 2009 /fust/pubdocs/alt/14641/14641 _full_tag_alt_14641_bmoore 13.00.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this Code. 103.3 Stop Work Orders. Upon notice from the Building Official, work on any building site, building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of the Florida Building Code, the St. Lucie County Land Development Code, the St. Lucie County Code and Complied Laws or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his/her agent, or to the person doing the work, or by posting the building, structure or property upon which work is being performed and shall state the reason(s) for stopping work. The Building Official shall not be required to give a written notice prior to stopping the work. The Building Official may authorize the issuance of stop work orders through any duly appointed or authorized officer, inspector, plans examiners, assistants and other employee of the County. 103.4 Revocation of permits. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this Code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance, regulation or provision of the Florida Building Code, the St. Lucie County Land Development Code or the St. Lucie County Code and Complied Laws. 103.4.1 Misrepresentation of application. The Building Official may revoke a permit or approval, issued under the provisions of this Code, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 103.4.2 Violation of code provisions. The Building Official may revoke a permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the build- ing, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of the Florida Building Code, the St. Lucie County Land Development Code or the St. Lucie County Code and Complied Laws. 103.5 Unsafe Buildings or Systems. 103.5.1 Abatement. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or unsafe service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and Shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the .T_"Wr'.U4; Ccclt St. Lucie County Land Developwmt Code Revised through 06/ a% 13:10 Adopted August 1, 1990 JOBNAME: No Job Name PAGE: 917 SESS: 2 OUTPUT: Tue Mar 24 14:13:34 2009 /f irs t/pubdocs/alt/ 14641 / 14641 _fiiIl_tag_al t_ 14641 _bmoore BUILDING BEGS., PUBLIC WORKS CONSTRUCTION MANUAL 13.00.01 1'4ker4akaaal we co"P46I , ZMc. published by the , All repairs shall be in performed in accordance with the Florida Building Code. 103.6 Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this Code, shall be determined by the Building Official. ******************** 4. Section 104 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections: 104.1.6 Time Limitations. Except as otherwise provided in the St. Lucie County Land Development Code, an application for a permit for any proposed work shall be deemed to have been abandoned, and shall expire by limitation and become null and void six (6) months after the date of filing for the permit, or plan approval, whichever is later unless before then a permit has been issued. ******************** 104.2 Drawings and Specifications 104.2.1 Requirements 104.2.1.2 Additional data. The Building Official shall be allowed to require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. 104.2.4 Site drawings. Drawings shall show the location of the proposed building or structure and of every existing building or structure on the site or lot. No Building Permit shall be issued for development unless the application for building permit is accompanied by a copy of a survey of the property on which the requested activity is to be permitted. All surveys shall completely depict the location of the proposed building or structure and of every existing building or structure on the site or lot and shall meet the requirements of 11.05.01(Ax1Xd) of the St. Lucie County Land Development Code. 104.2.6 Hazardous occupancies. The Building Official may require the following. 1. General site plan. A general site plan drawn at a legible scale which shall include, but not be limited to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm and sanitary sewer St. Lucie County Land Development Code Revised through 06/30ro8 13:11 Adopted August 1, 1990 JOBNAME: No Job Name PAGE: 919 SESS: 2 OUTPUT: Tue Mar 24 14:13:34 2009 /fust/pubdocs/alt/14641 /14641 _ful l_tag_alt_14641_bmoore BUILDING REGS., PUBLIC WORKS CONSTRUCTION MANUAL 13.00.01 104.6.5 Types of Fees Enumerated. Fees may be charged for but not limited to the following: o Permits; o Plans examination; o Certificates of competency (including fees for applications, examinations, renewal, late renewal, and reciprocity); o Re -inspections; o Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the Board); o Variance requests; o Administrative appeals; o Violations; and o Other fees as established by local ordinance or resolution. 104.6.5 Building permit valuations. If, in the opinion of the Building Official, the valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and other systems, including materials and labor. The pwout valuation may be calculated using the latest Building Valuation Data published by the --------- -----o -------o-------____--- T,��erw>a�. iot,tc..� �po►t Cou�.+�c:� usl J thes1�a.0 v olv stv,,;c�c. , as �ub��st c[f 61 fj+c IJ1arstn� SwM blt'co ca+% Compc ml- 5. Section 105 of the Florida Building Code, as applied to and in St. Lucie County, is amended to add the following Sections: 105.1 Existing building inspections. Before issuing a permit, the Building Official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. He shall make a record of every such examination and inspection and of all violations of the technical codes. 105.2 Manufacturers and fabricators. When deemed necessary by the Building Official, he shall make, or cause to be made, an inspection of materials or assendties at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. Ofi13Qlb9 St. Lucie County Land Development Cede Revised through13:13 Adopted August 1,1fso JOBNAME: No Job Name PAGE: 931 SESS: 2 OUTPUT: Tue Mar 24 14:13:34 2009 /fust/pubdocs/alt/ 14641/14641 _full_tag-alt_14641_bmoore BUILDING REGS., PUBLIC WORKS CONSTRUCTION MANUAL 13.08.02 Florida Department of Environmental Protection, Division of Beaches and Shores Technical and Design Memoranda. "Naval Facilities Engineering Command Design Manual, NAVFAC DM-26," U.S. Department of the Navy. Coastal Construction Manual, Federal Emergency Management Agency, February, 1986. (Please note that the wind design section is based upon the Florida Building Code, as described in Chapter 553.70, Florida Statutes 13.01.00 (RESERVED) 13.02.00 (RESERVED) 13.03.00 (RESERVED) 13.04.00 (RESERVED) 13.05.00 (RESERVED) 13.06.00 (RESERVED) 13.07.00 (RESERVED) 13.08.00. STANDARD ROUSING CODE. 1s.oT�o o �al R,e Math}uuaucc Cock. T 4wa s� �*it Co�..uc�l, {N�. The St�sia�i-Iie diiioa, as promulgated by the is adopted by reference as the Standard Housing Code of the County, to apply to the unincorporated areas of the County. A copy of such code shall be filed in the office of the Public Works Director and shall be available for public inspection during the regular business hours of such office. 13.08.02. Administration. A. The County Administrator may delegate or assign all or part of the responsibilities associated with the administration of the Standard Housing Code to the St. Lucie County Public Health Unit. B. The County Administrator shall serve as the Housing Official referenced in the Standard Housing Code. St. Lucie County Land Development Code Revised through 061SOM 13:25 Adopted August 1, 1990 ORDINANCE NO.07-054 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, AMENDING CHAPTER 1-20.5 OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS TO LIMIT IRRIGATION HOURS; TO REQUIRE PERSONS PURCHASING IRRIGATION SYSTEMS TO INSTALL A RAIN SENSOR DEVICE; TO ALLOW THE BOARD OF COUNTY COMMISSIONERS TO DECLARE A WATER SHORTAGE OR WATER SHORTAGE EMERGENCY; TO AMEND � ;' SECTION 7.89.84 OF THE ST. LUCIE COUNTY LAND c DEVELOPMENT CODE TO REQUIRE AUTOMATIC RAIN SENSORS ON IRRIGATION SYSTEMS IN DETACHED �» SINGLJF.-FAMELY, TWO-FAMILY, AND THREE-FAMILY RESIDENCES; AND TO LIMIT IRRIGATION FURS; 16 PROVIDING FOR CONFLICTING PROVISIONS; W 1 r s a! PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION. The Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: WHEREAS, the South Florida Water Management District requires that mcmicpalities requesting water supply allocations in excess of 500,000 gallons per day prepare a Water Conservation Plan as part of the Water Use Permit Process; and WHEREAS, St. Lucie County is in the process of applying for a Water Use Permit modification for future water treatment plants that would cause the County's allocation to exceed the 500,000 gallon threshold; and WHEREAS, St. Lucie County is committed to water conservation as a means to provide proper stewardship over existing water resources that have been allocated to it; and WHEREAS, St. Lucie County is already in compliance with a number of the mandatory water conservation elements required by South Florida Water Management District; and WHEREAS, this ordinance would bring St. Lucie County's Code and Compiled Laws and St. Lucie County's Land Development Code in compliance with the mandatory water conservation elements; and WHEREAS, on August 1,1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code; and 9tradrdnvogh passages are deleted Underlined passages are added. Page 1 of 9 WHEREAS, the Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 - March 14, 1991 91-09 - May 14, 1991 91-21 - November 7, 1991 92-17 - June 2, 1992 93-01 - February 16, 1993 93-03 - February 16, 1993 93-05 - May 25, 1993 93-06 - May 25, 1993 93-07 - May 25, 1993 - 94-07 - June 22, 1994 94-18 - August 16, 1994 94-21 - August 16, 1994 95-01 - January 10, 1995 96-10 - August 6, 1996 97-01 - March 4,1997 97-09 - October 7, 1997 97-03 - September 2, 1997 99-01 - February 2, 1999 99-02 - April 6, 1999 99-03 - August 17, 1999 99-04 - August 17,1999 99-05 - July 20, 1999 99-15 - July 20, 1999 99-16 - July 02, 1999 99-17 - September 7, 1999 99-18 - November 2,1999 00-10 - June 13, 2000 00-11 - June 13, 2000 00-12 - June 13, 2000 00-13 - June 13, 2000 01-03 - December 18, 2001 02-05 - June 24, 2002 02-09 - March 5, 2002 02-20 - October 15, 2002 02-29 - October 15, 2002 03-05 - October 7, 2003 04-02 - January 20, 2004 04-07 - April 20, 2004 04-33 - December 7, 2005 05-01 - March 15, 2005 05-03 - August 2, 2005 05-04 - August 2, 2005 05-07 - January 18, 2005 05-16 - August 16, 2005 05-23 - September 20, 2005 06-05 - April 18, 2006 06-13 - June 6, 2006 06-17 - May 30, 2006 06-18 - May 30, 2006 06-22 - July 18, 2006 06-30 - September 12, 2006 06-47 - December 5, 2006 07-11 - February 6, 2007 07-17 - June 5, 2007 WHEREAS, on September 20, 2007, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved; and WHEREAS, onNovember 20, 2007, this Board held its first public hearing on the pwposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on November 6, 2007; and WHEREAS, on December 11, 2007, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Soak doevo passages arc deleted. tl WMiwd pumqu we sawed. Page 2 of 9 Tribune on November 30, 2007; and WHEREAS, the proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. PART A. The specific amendments to Chapter l -20.5 of the St. Lucie County Code and Complied Laws to read as follows, include: ARTICLE I. Unchanged ARTICLE H. WATER SHORTAGE PLAN Sec.1-20.5-35. Intent and Purpose. It is the intent and purpose of this article to protect the water resources of the county from the ter M effects of oveiutilizabon of groundwater during periods of water shortage and allocated available water supplies by creating its own water shortsae wand by assisting the South Florida Water Management District in the implementation of its water shortage plan. Sec.1-20.5-36. Defmitions. For the purposes of this article, the following tens, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the coatcxt, words used in tie p osent um include the future, words in the plural include the singular and words in the singular include the plural. The word "shall' is always mandatory and not merely discretionary. District is the South Florida Water Management District. Person is any person, firm, partnership, association, corporation, company or organization of any kind. Water resource means any and all water on or beneath the surface of the ground, incledi� naRural or artificial water courses, lakes, ponds or diffused surface water, and water pereolatiag, standing or flowing beneath the surface of the ground. Water shortage condition is when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require a temporary reduction in total water usage within a particular area to protect water resource from serious harm. A water shortage usually occurs due to drought. Shwkdmoq h passages are deleted. Undalmd pwaWs are added. Page 3 of 9 fti Irrigation Hours PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordbuaace. If this ordinance or any provision thereof shall beheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. SON* 9-0* pasmwes are deleted. jhWUUWd pwn&u are added. Page 8 of 9 Water shortage emergency means that situation when the powers which can be exercised under part II of Chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses. Sec. 1-20.5-37. Application of article provisions. The provisions of this article shall apply to all persons using the water resource within the geographical areas subject to the "water shortage" or "water shortage emergency," as determined by the district or the County, whether from public or privately owned water utility systems, private wells, or private connections with surface water bodies. This article shall not apply to persons using treated effluent or saltwater. Sec.1-20.5-38. Amendments to water shortage plan. Chapter 40E-21, Florida Administrative Code, as the same may be amended from time to time is incorporated herein by reference as a part of the Code of Ordinances of the county. Sec.1-20.5-39. Irrigation Hours (a). Unless otherwise mandated by the County or the district dur' -a water or water shortage emergency, lawn and ornainenhil iaffi Ua aball be limited to the hours between 4:00 p.m. to 10:00 a.m. (b): There shall be exemptions from the irrigation time restrictions for the following circumstances: 1. Irrigaig with a microirrigation system 2. Reclamud water end users 3. Preparing for irrigation of new landscape 4. Watering in of chemical& including insecticides, pesticides, fatilaners. fungicides. and herbicides when required by label- recommended by the manufacturer. or implementing. best measgement practices 5. Maintenance and repair of irrigation systems 6. Irrigating with low volume hand vt+ &gd= including watering by one lase attended by one person fitted with a self -canceling or automatic strut off nozzle or both 7. Irriga_ttngwith 7575 percent or more water recovered or derived from an aquifer storage and recovery system. Stivek dooasit passages are deleted. Underlined passages are added. Page 4 of 9 1-20.5-40 in Sensor Dwke Any person who purchases and installs an automatic lawn sprinkler mv&= shall instal oiDerate srrYt tnAi Ain A rnir err devict or automatic switch h will ovemde the unglum cycle of the Winkler system when adequate rainfall has occurred. as set forth in Section 373.62. Florida Statutes. Sec. 1-20.5-39 41. Declaration of water shortage; water shortage emergency. U2gn a finding that such condition exist& as defined in Section 1-20 5-36 the Board of County Commissioners shall declare a water shortage or water shelve emerasmev within all or env M of the county. A declaration of water shortaelae or water shore MgWgM ]a the MHM shall invoke the provisions of this article. Upon such declaration. all water use restrictions or other measures adgptod by the Board or any portion thereof shall be subject to enforcement action pursuant to this article. If a water shortage or water shorta&e =WXe_ncX has not already been declarod by the Board of County Commissioners. Tthe declaration of a water shortage or water shortage emergency within all or any part of the county by the governing board or the executive director of the district shall invoke the provisions of this article. Upon such declaration, all water use restrictions or other measures adopted by the district applicable to the county, or any portion thereof shall be subject to enforcement action pursuant to this article. Anv conflict between any water use restrictions or ether n SOM adoRt-vd by the Board of County Commissioners and any NkMW by the district sholl be reselved in 6vor of the district. Any violation of the provisions of Chapter 40E-21, Florida Administrative Code, or any order issued thereto, shall be a violation of this article. See. 1-20.5401. Enforcement. Every police officer, sheriff, or fire marshal having jurisdiction in the area governed by this article shall, in connection with all other duties imposed by law, diligently enforce the provisions of this article. In addition, the county administrator may also delegate enforcement responsibility for this article to agencies and departments of county government, or cities in the service areas governed by this article, in accordance with state and local law. Sec. 1-20.5-413. Penalties. Violation of any provision of this article shall be subject to the following penalties- (1) First violation: Twenty-five dollars ($25.00). (2) Second and subsequent violation: Fine not to exceed five hundred dollars ($500.00) an&or finp i9mmient hi tlw county jaii not to exceed sixty ( 0) days. 8- m*d --- gir passages are deleted nderlined passages are added. Page 5 Of 9 Each day in violation of any section of this article, except Section 1-20.5-40. shall constitute a separate offense. Each month in violation of Section 1-20 5-40 shall constitute a separate offense In the initial stages of a water shortage or water shortage emergency, law enforcement officials may provide violators with no more than one (1) written warning. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including, but not limited to, emergency injunctive action, to enforce the provisions of this article. Sec.1-20.5-424. Water users to accept provisions of article. No water service shall be furnished to any person by a public or private utility unless such person agrees to accept all the provisions of this article. The acceptance of water service shall be in itself the acceptance of the provisions thereof. PART B. The specific amendments to Chapter 7.09.04 of the St. Lucie County Land Development Code to read as follows, include: 7.09.04 General Landscaping Requirements A. Unchanged B. Unchanged C. Unchanged D. Unchanged E. Unchanged F. Urged G. Unchanged H. Unchanged 1. LANDSCAPING REQUIREMENTS FOR RESIDENTIAL STRUCTURES OF THREE OR FEWER UNITS 1. Any new residential structure containing one (1), two (2), or three (3) units must preserve or plant one (1) tree for every 2,500 square feet of the subject lot or parcel of land, up to a maximum planting of 17 trees per lot or parcel. On any lot or parcel greater than one acre in area, the provisions of Section 6.00.00, Vegetation Protection and Preservation, shall be complied with. 2. All trees preserved or planted in order to meet this landscaping requirement shall meet the standards of Section 7.09.03(E)(2) of this Code. 3. One Hundred (100%) percent of the planted trees shall consist of native species such as Live Oaks (Quercus viginiana), Laurel oaks (Quercus laurifola), slash pine (Pinus elliotti), or other species listed in Section 7.09.04(L)(2) Native and Drought -Tolerant Vegetation. 4. Automatic irrigation systems shall be equipped with an automatic rain shut-off device. So wk dro4 passages arc deleted. Undeffined panagn are added. Page 6 of 9 J. Unchanged K Unchanged L. STANDARDS FOR NATIVE AND DROUGHT -TOLERANT VEGETATION 1. Unchanged 2. Unchanged 3. Unchanged 4. Unchanged 5. Irrigation Systems a. Irrigation System Design Standards. 1. Permanent irrigation of preserved plant communities shall be prohibited. 2. Irrigation required for the re-establishment or restoration of existing plant communities shall be limited to temporary irrigation systems. Newly installed plant communities or supplemental plants to existing plant communities may initially require additional water to become establidle& Temporary irrigation systems shall remain in place for a perwn fat least six (6) months and shall include: (a) Temporary low -volume irrigation, or (b) Alternative method approved by Public Works Director. 3. Automatic irrigation systems shall incorporate the following criteria: (a) Zoning of irrigation systems: Sprinkler heads irrigating designated high water demand areas shall be circuited or zoned so that they can be irrigated at a different frequency or application rate than low water demand areas. At a minimum separate zones shall be created for turf and planting beds, with a separate zone also required for trees not incorporated into planting beds. (b) Automatic rain shut-off devices: Automatic irrigation systems shall be equipped with an automatic nun shut-off device for each proposed zone. (c) Elimination of over -throw onto impervious surfaces: 1. Sprinkler heads shall be directed away from impervious surfaces. 2. The effects of wind on the spray stream shall be reduced by requiring low trajectory spray nozzles. b. Maintenance of Irrigation Systems: Irrigation systems shall be maintained in working condition at all times, to prevent waste of irrigation water. Broken sprinkler heads, pipes and nozzles shall be repaired or replaced within fourteen (14) days of notice. Sam* doevo passages are deleted. Underlined passages are added. Page 7 of 9 PART F. EFFECTIVE DATE. This ordinance shall take effect on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Joseph E. Smith AYE Vice Chairman Paula A. Lewis AYE Commissioner Chris Craft AYE Commissioner Charles Grande AYE Commissioner Doug Coward AYE PART K CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and St. Lucie County Land Development Code, and the word "ordinance" may be changed to "section, article, or other appropriate word, and the sections of this ordinance may be remmbered or revered to accomplish such intention; provided, however, that parts C through H shall not be codified. PASSED AND DULMsEMACTED this I I* day of December, 2007. BOARD OF COUNTY GO&MISSIONERS ` ST. LUCIE CO ORMA1. BY: AS TO FORM AND So wile da passages are deleted. ! paamges arc added. Page 9 of 9 JOBNAME: No Job Name PAGE: 9 SESS: 2 OUTPUT: Tue Mar 24 14:13:34 2009 /fusdpubdocs/a1V14641/14641_full_tag_alt_ 14641_bmoore TABLE OF CONTENTS Page Officials of the City at the Time of this Codification............ iii Current Officials (Reserved) .................................. v Preface..................................................... vii Adopting Ordinance (Reserved) Chapter I. General Provisions ....................................... 1:1 1.00.00. Title ....................................... 1:3 1.01.00. Authority ................................... 1:3 1.02.00. Purpose and Intent ......................... 1:3 1.03.00 Applicability ................................ 1:4 1.04.00. Findings ................................... 1:4 1.05.00. Incorporation by Reference .................. 1:5 1.06.00. Rules of Interpretation ...................... 1:5 1.07.00. Repeal of Prior Provisions ................... 1:7 1.08.00. Effective Date; Enactment ................... 1:7 1.09.00. Severability................................ 1:8 1.10.00. Minimum Requirements ..................... 1:8 II. Definitions ............................................. 2:1 2.00.00. Definitions ................................. 2:3 III. Zoning Districts ........................................ 3:1 3.00.00. Zoning Districts ............................. 3:3 3.01.00. Zoning District Use Regulations .............. 3:3 IV. Special Districts ........................................ 4:1 4.00.00. Airport Overlay Zones ....................... 4:3 4.01.00. Hutchinson Island —Building Height Overlay Zone....................................... 4:5 4.02.00. River Park —Community Overlay Zone ....... 4:13 4.03.00. Research and Education Park —Overlay Zone . 4:17 4.04.00. TVC—Overlay Zone ('Ibwns, Villages, Country- side) ....................................... 4:22 4.05.00. St. Lucie County Rural Land Stewardship Area Overlay Zone ............................... 4:49 4.06.00-4.10.00. Reserved .......................... 4:105 4.11.00. Historic Preservation ........................ 4:105 4.12.00. Jenkins Road Area Plan Special District ...... 4:106 V. Adequate Public Facilities ................................ 5:1 5.00.00. Adequate Public Facilities ................... 5:3 5.01.00. Definitions ................................. 5:5 5.02.00. Procedure .................................. 5:10 5.03.00. Development Not Subject to The Requirements of Chapter V, Adequate Public Facilities ...... 5:11 St. Lucie County Land- Development Code Revised through 06r30108 giii Adopted August 1, 1990 O'botcA AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VII-E DATE: May 5, 2009 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [x] CONSENT [] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Petition for Abandonment - Public Hearing Petition to abandon a portion of North 43rd Street right-of-way Resolution No. 09-147 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 7, 2009 - Permission to Advertise a Public Hearing RECOMMENDATION: Staff recommends the Board approve Resolution No. 09-147 denying the abandonment of a portion of North 43`d Street, authorize the Chair to execute the Resolution and record the Resolution in the Public Records of St. Lucie County. COMMISSION ACTION: [ APPROVED [ ] OTHER Approved 5-0 [x] County Attorney: Daniel McIntyre [ ] DENIED Review and Approvals [ ] Road and Bridge: CONCURRENCE: Faye W. Outlaw, MPA County Administrator [x] Public Works: Don West [x] Originating Dept: 1rt1k [x] Engineering: AIV g g� [ ]Purchasing: JoAnn Riley Michael Powley PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: May 5, 2009 SUBJECT: Petition for Abandonment - Public Hearing Petition to abandon a portion of North 43`d Street right-of-way Resolution No. 09-147 BACKGROUND: The Property Acquisition Division received a request from John Weber to abandon a 50' x 125' portion of right-of-way known as North 43`d Street. St. Lucie County acquired North 43`d Street by Quit -Claim Deed dated April 7, 1961 and recorded in Official Record Book 7, Page 602. The acceptance of the Deed by the County in no way obligated the County to construct or maintain North 43`d Street. The abandonment area is located next to Mr. Weber's property on North 43`d Street. Johnnie Franklin, the abutting property owner to the West, has not returned his certified consent. All utilities have given consent. Mr. Weber has maintained the unopened right-of-way since he purchased the property on December 1, 2004. There have been several people who have set up camp and Code Enforcement has been called to the area on numerous occasions. Growth Management and Public Works have reviewed the petition and determined that it does not conform to Section 7.05.02(A)(1) of the St. Lucie County Land Development Code. This Section provides for existing roads and streets that are located in adjoining subdivisions to be an extension and continuation of existing and proposed rights -of -way. This proposed connection starts on the South side of Orange Avenue (Bent Creek Subdivision) traveling North through the Millcreek PUD (Millfalls Boulevard) to 43`d Street and ending at Metzger Road. The proposed abandonment would eliminate this connection. RECOMMENDATION: Staff recommends the Board approve Resolution No. 09-147 denying the abandonment of a portion of North 43`d Street, authorize the Chair to execute the Resolution and record the Resolution in the Public Records of St. Lucie County. Respectfully submitted, A ^' �? JgAnn Riley Wroperty Acquisition Manager two Proposed Abandonment of =, a Portion of N. 43rd St. o ano 400 aoo r� SLOAN RD r- �r z � r o LO o: 2 m C o Z v z GARNER CT 1 SELENA AVE �i,c�nrcseR - v,rxy ma�:as no werrarrty reoraserrtanrn or �uuarrty as tt Luua !o tre oeneern. seuu�LY y �,acynmeur�ass e emoi�nes or ay or m�geooaate mron�:aron om��aea nerc,n r �Fa�ersncaro n<a rev ^� me date oro„nea r»ran � a„v re � s L courxy �w��mv rnsa�ms env re[sesxnaroos eneweR�rt�ey. x,aun�,o r,znu>x ��n� n. me �mouaa waRari<�es or me�na<rteoa�ry �e mr� sro�e Pertuwerwmose s woe county un�ieuume o seo�ityn r �m errc,a. om mme METZGER RD CHARITY LN - Abandonment op,,R y C1R AVENUE E L7 AVENUE C v z �T-t U C I E- woupil Y E This instrument prepared by: Janet LiCausi, under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RESOLUTION NO. 09-147 DATE. May 5, 2009 A RESOLUTION DENYING THE CLOSING, VACATING AND ABANDONMENT OF ST. LUCIE COUNTY AND THE GENERAL PUBLIC IN A PORTION OF AN UNOPENED, UN -MAINTAINED 50 FOOT RIGHT-OF-WAY KNOWN AS NORTH 43RD STREET AS RECORDED IN OFFICIAL RECORD BOOK 7, PAGE 602 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. That Sections 177.101, 336.09 and 336.10, Florida Statutes, as amended, and Section 11.10.01 et. seq. of the St. Lucie County Land Development Code, provide that the County may adopt resolutions vacating rights -of -way in whole or in part, which are under the jurisdiction of the Board of County Commissioners of St. Lucie County, Florida. 2. Pursuant to Official Records Book 7, Page 602, St. Lucie County and the general public have a dedicated interest in the following described land: Commence at the SW corner of the NW 1/4 of the NE 1/4 of the NE 1/4 of Section 7, Township 35 South, Range 40 East and run 275 feet to the Point of Beginning; thence run North 125 feet; thence West 50 feet; thence run South 125 feet; thence run East 50 feet to the Point of Beginning; said land lying and being in St. Lucie County, Florida. Containing 0.14 acres more or less 3. A Notice of Intent to Abandon was advertised on November 18, 2008 and November 25, 2008 and no objections were filed. 4. All relevant public utilities have given written consent for the abandonment. 5. Growth Management and Public Works staff members have reviewed the petition and 1 recommend denial for the following reasons: Connectivity from Orange Avenue to Metzger Road via 43`d Street. The proposed abandonment would eliminate this connection. Closing this portion of North 43`d Street does not conform to Section 7.05.02(A)(1) of the St. Lucie County Land Development Code. 6. The abutting property owner, Mr. Johnnie Franklin, has not responded to registered mail or notes left on the door. 7. On April 7, 2009, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on May 5, 2009. 8. On April 17, 2009, a Notice of Public Hearing was advertised in the St. Lucie News Tribune. 9. It is in the best interest of the public to deny the abandonment of the right-of-way more particularly described as follows: Commence at the SW corner of the NW 1/4 of the NE 1/4 of the NE 1/4 of Section 7, Township 35 South, Range 40 East and run 275 feet to the Point of Beginning; thence run North 125 feet; thence West 50 feet; thence run South 125 feet; thence run East 50 feet to the Point of Beginning; said land lying and being in St. Lucie County, Florida. Containing 0.14 acres more or less NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: The closing, vacating and abandonment of a portion of an unopened, un-maintained 50 foot right-of-way known as North 43`d Street as recorded in Official Record Book 7, Page 602 is hereby denied as more particularly described as follows: Commence at the SW corner of the NW 1/4 of the NE 1/4 of the NE 1/4 of Section 7, Township 35 South, Range 40 East and run 275 feet to the Point of Beginning; thence run North 125 feet; thence West 50 feet; thence run South 125 feet; thence run East 50 feet to the Point of Beginning; said land lying and being in St. Lucie County, Florida. Containing 0.14 acres more or less 2 After motion and second, the vote on this Resolution was as follows: Chair Paula A. Lewis Vice -Chair Charles Grande Commissioner Chris Dzadovsky Commissioner Doug Coward Commissioner Chris Craft PASSED AND DULY ADOPTED this 51" day of May, 2009. ATTEST: DEPUTY CLERK 3 BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA CHAIR APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY -13A30 I i11N13Vh13dC)13A3G d3iSVN voi6o7i 'AiNnOO Tom--s li 1,12'! 02', (ind )433?01-llh i SM"k ant Oa! ld ! PIE Ear vim, vim 11 WON PA Pull 30 -T q IM NIL All -VIM. Al 7, -T 1VT C4 F t I IT 4I. (i I -�! I IN I ��� ///' i/ \W b `®� I IIII 3 j� I ``��4eJI I 14111- 21 \11 ILI M. "l jig PSI _2 ME Ilk Owl IRA 1 1 M, QVIT•CLAJf aEED rJt ` N DREW'S FORM R. 1. 1 Menu,-, and fer sale by Th. H. 1 W, 1. Draw Ce"eer Florida TlllS OUll Claim BUd, Executed This 7th day of Apri 1 A. D. iQ61 Y,y D. R. GARNER and UNA V. GARNER, his wife, I first party, to ST. LUCIE COUNTY, F LC0,IDA whose postoffice address is St, Lucie County Court House Ft. Pierce, Florida second party: (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context ��� so admits or requires.) 1 it(USSQthr That file said first party, for and in consideration of the sum of $ 1 0.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, re- lease and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which ilte said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of S t . Lucie State of Florida to -wit: (North South Road from Metzger Road) The East 50 feet of the West 275 feet of the NW14- of the NEq of the N of Section 7, Township 35 South, Range 40 East, Public Records of Saint Lucie County, Florida, j Acceptance of this Deed by the County shall in no way obligate the County to construct or maintain a road on the right-of-way, FILED ��hD RECORDED f 14"� Hot IN rf t961 GPR -8 Ali 18: 34 Ta rr rLF7, IiubEil 1 OIInri ) v ST. LUCIE COUNTY, FLDRIOA To Rave and to Mold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what- soever of the said first party, either in law or equity, to the only proper use, benefit and beltoof of the said second party forever. In 10RUSS 1011er0f, The said first party has signed and sealed these presents the clay and year first above written. Signed, sealed and delivered in presence of: ......................................0 ............. V � ` i ..... t... ..:._ .......:.:.................. ...... ..._i ..........::.:: .............. t t ? -! LL 4 te. STATE OF FLORIDA, 1 COUNTY OF St. Lucie )Y I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared D. R. GARNER and UNA V. GARNER, his wife to me known to be the persons described in and who executed the foregoing instrument and theal., "acknowledged before me that they executed the same. _ WITNESS my hand and official seal in the County and State last aforesaid this 7 t h ' ' day'. of April A.D. 1961. J j_ i_ rdotary Puhlic, State of F!erida at Lam•:;; r0y cornmiss'on Expires July 27, �I 1 6$'? Bondeu oy AnlarlCarl Sur_ty Co.,, 7.05.02 STREETS A. GENERALLY Except as otherwise provided in this code, if existing roads or streets are located in - adjoining subdivisions, the roads or streets on the new plat shall be so located as to provide an extension and continuation of the existing rights -of -way. All public rights -of -way shall terminate at a property line to provide for their extension to adjacent properties. 2. In a rectangular block layout, all roads and streets should be centered on section lines or the standard subdivision lines of the section, unless otherwise determined inappropriate due to specific site conditions. 3. In curvilinear patterns, the roads or streets'shall be located, with respect to the property. boundaries, so as to provide a continuity of traffic flow across the property, and such streets shall begin and terminate at street intersections wherever the same are existing. All roads and streets shall be planned' in conformity with the Traffic Circulation Element of the St. Lucie County Comprehensive Plan. 5. All roads and streets shall intersect at an approximate (t5°) angle of ninety degrees (90°) unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. 6. The intersection of any two local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty feet (660y, as measured from centerline to centerline. 7. The right-of-way width shall be increased by at least ten feet (10) on each side of any arterial or major collector road or street for a minimum distance of two hundred feet (200) from its intersection with another arterial or major collector road or street, to permit proper intersection design. Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty feet (150). 9. Permanent dead-end streets shall not exceed one thousand feet (1000) in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets. The length of a dead-end street shall be measured along the centerline of the street from the its point of perpendicular intersection with the centerline of intersecting street to the end of the dead- end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet. st Lucie carry lane Developmer» code Adopted August 1. t99O 7 - 49 Revised Through OW15104 PROPERTY ACQUISITION DIVISION MEMORANDUM TO: County Attorney Public Works Director County Engineer County Surveyor Road & Bridge Manager Growth Management Utilities Director Environmental Resource FROM Janet LiCausi, Property Acquisition Agent DATE: February 12, 2009 SUBJECT Request for Abandonment North 43rd Street South of Metzer Road at end The Property Acquisitions received a request from John Weber and Yu Chih Chang to abandon an unopened, unmaintained 50-foot portion of North 43'd Street which lies west of their property. In reviewing the surrounding area, I would like to bring to your attention that just south of the unopened portion of 43rd Street lies the Planned Unit Development of Millcreek. Resolution 06-156 has approved Preliminary and Final PUD for Millcreek. Millcreek is a 406 Unit PUD that has requested a 12month extension because of the market conditions. Resolution 06-156 requires Millcreek to donate loft on Senica Avenue and 60ft of right-of-way to continue Senica Avenue to Mariah Circle. The site plan also allows Millcreek to line up with North 43rd Street to allow access to Metzer Road. I have attached an aerial of Millcreek to show the dedication by plat which has yet to be recorded. I have attached the abandonment package from John Weber and Yu Chih Chang for your review and comment. Approve Disapprove V�f� If you disapprove of this action or have comments to add to the abandonment, please provide your comments in the space provided below: )% ymawlM 1 "— 1 % Please return this form to the Property Acquisition Division by February 27 2009 PROPERTYACQUISITION DIVISION MEMORANDUM TO: County Attorney Public Works Director County Engineer County Surveyor Road & Bridge Manager Growth Management Utilities Director Environmental Resource FROM Janet LiCausi, Property Acquisition Agent DATE: February 12, 2009 SUBJECT Request for Abandonment North 43d Street South of Metzer Road at end Received By FLEB 13 2000 Grov4h Management The Property Acquisitions received a request from John Weber and Yu Chih Chang to abandon an unopened, unmaintained 50-foot portion of North 43rd Street which lies west of their property. In reviewing the surrounding area, I would like to bring to your attention that just south of the unopened portion of 43rd Street lies the Planned Unit Development of Millcreek. Resolution 06-156 has approved Preliminary and Final PUD for Millcreek. Millcreek is a 406 Unit PUD that has requested a 12month extension because of the market conditions. Resolution 06-156 requires Millcreek to donate loft on Senica Avenue and 60ft of right-of-way to continue Senica Avenue to Mariah Circle. The site plan also allows Millcreek to line up with North 43rd Street to allow access to Metzer Road. I have attached an aerial of Millcreek to show the dedication by plat which has yet to be recorded. I have attached the abandonment package from John Weber and Yu Chih Chang for your review and comment. Appr Disapprove If you disapprove of this action or have comments to add to the abandonment, please provide your comments in the space provided below: vJ( Please return this form to the Property Acquisition Division by February 27, 2009 GROWTH MANAGEMENT DEPARTMENT (Planning) MEMORANDUM TO: Mark Satterlee, Growth Management Director FROM: Linda Pendarvis, Planner DATE: February 24, 2009 SUBJECT: Request for Abandonment North 43rd Street South of Metzger Road at end Growth Management has reviewed this petition and determined that it does not conform to Section 7.05.02(A)(1) of the St. Lucie County Land Development Code. This Section provides for existing roads and streets that are located in adjoining subdivisions to be an extension and continuation of existing and proposed right-of-way. The approved project known as Millcreek Planned Unit Development located south of the requested abandonment provides for connectivity from Orange Avenue to Metzger Road via 43rd Street. This proposed connection starts on the south side of Orange Avenue (Bent Creek Subdivision) traveling north through the Millcreek PUD through 43`d Street to Metzger Road. The proposed abandonment will close this connection. Staff is recommending denial of the requested abandonment. March 12, 2009 St. Lucie County Board of County Commissioners Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Attn: Janet LiCausi Re: Petition for Abandonment For a portion of North 43rd Street Dear Ms. LiCausi: Answers to your letter date 2/27/09 1) Thank you for this response 2) We have maintained the property for years to Mr. Johnnie Franklin's fence line at 501 N. 43rd Street even when he was visible. Both the County and Mr. Franklin have relied on me to pick up limbs and mow this area, which we have. It is my belief if the original owners of the property donated this property to the County then it should be returned to the original property. Others who did not participate in the Quick Deed or maintenance should not be rewarded. 3) To develop and implement plan for roads would cost 100's of thousands of dollars, for what benefit? Likewise, attached to the south side of our property is Mariah Circle and to the west of the proposed 43`d Street south end will be Selena Avenue. Selena is dense with growth and is not maintained by the property owner at 501 N. 43rd Street nor the county. Almost every home owner and business has a R/O/W they maintain. I have this by the drainage ditches N. side or property. However, to maintain our area, I have to mow 43`d Street 50' x 129' area as well as Mariah Circle approximately 35' x 125' area (borders S. side of our property). In your letter it states 43rd Street is to continue from Orange Avenue north and mentions existing streets. Does this mean that in the future you will also build Mariah Circle and Selena Avenue? I was hoping staff would do a feasibility study on paying out for roads to no where and receiving tax money on this property. We would like for this to be reviewed by the County and if disapproved, man up to keep the grass mowed like we have and provide a contact name and number for this service. ncerely, (2�n Weber JQ W/klm BOARD OF COUNTY COMMISSIONERS February 27, 2009 Mr. John Weber Ms Yu-Chih Chang 250 SW 13`h Avenue Pompano Beach, FL 33069 Re: Petition for Abandonment For a portion of North 43`d Street Dear Mr. Weber and Ms. Chang: PROPERTY ACQUISITION DIVISION In reviewing your package for the proposed abandonment of a portion of North 43rd Street, the reviewing staff members have the following comments and items need to be addressed so we may proceed with processing the request: 1. I have taken the liberty of completing Page 2, Item 2 of the application to include the document vesting interest of North 43rd Street to St. Lucie County. St. Lucie County received a Quit -Claim Deed from Mr. & Mrs. Garner for the North 43rd Street right-of- way. OR Book 7, Page 602. 2. When a public right-of-way has been approved for abandonment, the right-of-way will be divided equally between properties on either side of the abandonment unless one of the parties provides in writing that they are not interested in receiving the property. The abandonment package has been reviewed by Department staff members and they cart not advise the Board of County Cone==iSSlor-z�rs that they suppOrt, the ixband'ol meat request. Their review of the petition has determined that it does not conform to Section 7.05-02 (A)(1) of the St. Lucie County Land Development Code. This Section provides for existing roads and streets that are located in adjoining subdivisions to be an extension and continuation of existing and proposed right-of-way. The approved project known as Millcreek Planned Unit Development located south of the requested abandonment provides for connectivity from Orange Avenue to Metzger Road via 43rd Street. This proposed connection starts on the south side of Orange Avenue (Bent Creek Subdivision) traveling north through the Millcreek PUD through 43rd Street to Metzger Road. The proposed abandonment will close this connection. Revi ewLtr. 1. wpd CHRI5 DZADOVSKY, District No. i • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLE5 6RANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator - Faye W. Outlaw, MPA 2300 Virginia Avenue - Fort Pierce, Florida 34992-5652 - Phone (772) 462-1711 - Fax (772) 462-1440 website: www.stlucieco.org 4. Please response to the comments and advise if you would like to continue the abandonment request With staffs recommendation of denial. If you have any questions, please don't hesitate to contact me at 772-462-1725. Very truly yours, unit LiCausi Property Acquisition Agent Cc: County Attorney Public Works Director County Engineer County Surveyor Road and Bridge Manager Growth Management Utilities Director Environmental Resource Property Acquisition /File ReviewLtr. l .wpd NOTICE OF PUBLIC HEARING May 5, 2009 TO WHOM IT MAY CONCERN: You will take notice that in accordance with the provisions of Sections 177.101, 336.09 and 336.10, Florida Statutes, as amended, and the St. Lucie County Land Development Code, Section 11.10.01 et. seq., a Public Hearing will be held by the St. Lucie County Board of County Commissioners, in the County Commission Chambers, 3rd floor of the Roger Poitras Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, on May 5, 2009 at 6:00 P.M. or as soon thereafter as practicable, on the petition to close, vacate and abandon that portion of a public right-of-way, known as North 43rd Street, hereinafter described and renounce and disclaim any right of St. Lucie County and the public in and to the lands lying within said public right-of-way in St. Lucie County, Florida, being more particularly described as follows: Commence at the SW corner of the NW 1/4 of the NE'/4 of the NE'/4 of Section 7, Township 35 South, Range 40 East and run 275 feet to the Point of Beginning. Thence run North 125 feet, Thence run West 50 feet, Thence Run South 125 feet, Thence run East 50 feet to the Point of Beginning. Containing 0.14 Acres, more or less. Said Land lying and being in St. Lucie County, Florida. All interested parties may appear and be heard at the time and place above specified. Written comments received in advance of the public hearing will also be considered. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. WIZGER RU m w R r t d4A7i1TY LSC BELERA AVE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Paula A. Lewis, Chair -Peti*ti*on For A-'bandonment Table Of Content — Petition For Abandonment Petition for abandonment Legal description of the petition site ---- TAB Petition for abandonment TAB EXHIBIT A Sketch of petition site and abutting properties ----------------------------------------- TAB EXHIBIT B -- Exhibit B-1 — Survey of proposed abandonment site -- Exhibit B-2 — Photos of 43rd Street, Charity Lane and proposed vacant lot, showing all angles Sketch or location map of property ------------------------------------------------------ TAB EXHIBIT C -- Exhibit C-1 — Aerial view of proposed abandonment site Name, addresses, property identification number and legal description of surrounding affected properties ---------------------------------- TAB EXHIBIT D -- Exhibit D-1 through D-3 —Names, addresses, legal description of surrounding affected properties Name, address, property identification number, and legal description of abutting property owners ------------------------------------------ TAB EXHIBIT E -- Exhibit E-1 — Johnnie Franklin -- Exhibit E-2 — FM Millcreek Holding LLC Consent letter from affected utility company ------------------------------------------- TAB EXHIBIT F -- Notification / Certification letters from Attorney -- Exhibit F-1 — Comcast -- Exhibit F-2 — North St. Lucie River Water Control District -- Exhibit F-3 — Fort Pierce Utilities Authority -- Exhibit F-4 — Florida Power and Light (FPL) -- Exhibit F-5 — AT&T (a.k.a. Bell South) Proof of ownership of petition site or adjacent benefiting roe ----------------------TAB EXHIBIT G -- Exhibit G-1 — Warranty Deed / Book 2109 — Page 560 Certification of taxes paid on petition site or adjacent benefiting property ------------------------------------------------------------------------- TAB EXHIBIT H -- Exhibit H-1 — Tax records Resolution of abandonment by municipality ------------------------------------------- TAB EXHIBIT I Petitioner's statement in support of granting petition --------------------------------- TAB EXHIBIT J Petitioner's statement regarding ordinance no. 06-022------------------------------- TAB EXHIBIT K Proof of publication of notice of intent to file a petition for abandonment ----------------------------------------------------------------- TAB EXHIBIT L -- Exhibit L-1 —Proof of publication -- Exhibit L-2 — Affidavit of Publication BOARD OF COUNTY COMMISSIONERS PETITION FOR ABANDONMENT TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA The undersigned PETITIONER hereby petitions the St. Lucie County Board of County Commissioners to vacate, abandon, discontinue and close, in whole or in part, specific public rights -of -way, easements, or subdivision plats, as more particularly described in this petition, and to renounce and disclaim any right of the County and the public in and to any land in connection therewith. This petition is filed pursuant to law as more particularly set forth in Florida Statutes, Section 177.101, as _,vended, Florida Statutes, Sections 336.09 and 336.10, as amended, and St. Lucie County Land Development Code, Section 11.10.01 et. seq. ****************************************************************************************************** TYPE OF ABANDONMENT REQUESTED (check one or more as applicable) indicates requirement for public hearing) A Plat (*) A Portion of a Plat (*) Y County Road Ri ht-of-wa 9 Y( ) Drainage Easement not Affecting Road Drainage Public Utility Easement Drainage Easement Affecting Road Drainage (*) _ _ ether Public Interest in a Private Right-of-way or Easement ****************************************************************************************************** Petitioner hereby certifies that the filing fee of $500.00 is enclosed or has been paid to St. Lucie County, nd that petitioner hereby further certifies that petitioner understands that the filing fee is non-refundable and that sere is no assurance that this petition will be granted, in whole or in part, and no such assurances have been made by any County employee. This Petition shall contain an affidavit of the Petitioner attesting to the validity of the representations herein and it's completeness to the best of Petitioner's knowledge and belief. 1. �' The Legal Description of the petition site is attached as (EXHIBIT "A"), (Note: The petition site may lie upon property owned by Petitioner, i.e. an easement over Petitioner's property, or adjacent to Petitioners property, i.e. a public road right-of-way.) Title or interest of the County and the Public in and to the petition site was acquired and is evidenced by: (Plat Book and identification, Deed, or other title evidence) recorded in:_ G. (Plat Book and Page, Book and Page, or Official Record Book and Public Records of St. Lucie County, Florida. 3y. / Attached hereto as (EXHIBIT "B") is a sketch, accurately drawn, depicting the petition site as described in V (EXHIBIT "A"), showing boundaries of abutting properties, any encroachments, drainage and/or utility easements, any structures within the petition site, and property benefitting from the abandonment. Attached hereto as (EXHIBIT "C') is a location map which clearly and legibly identifies the location of the petition site in relation to the nearest public right-of-way and all affected properties (properties within a minimum 300 foot radius of the petition site). A copy of a portion of the appropriate tax map (8 1 x 11), obtainable from the Property Appraisers Office, may be used for this purpose. Attached hereto as (EXHIBIT "D") is a list of property owners, including correct mailing addresses, property tax Identification number and legal descriptions of surrounding affected properties. (Note: County Staff may request additional information if it is determined that the proposed abandonment could have a negative effect on properties located more than 300 feet from the petition site.) 6. k� Attached hereto as (EXHIBIT "E") is a list of abutting property owners, including correct mailing addresses, Lj� property tax Identification number and legal descriptions of the adjacent properties. Such owners of abutting, properties have signed a notarized statement consenting to the abandonment of public right-of-way and such signed statements are attached hereto as (EXHIBIT "E-1". "E-2", etc.) 7. - Attached hereto as (EXHIBIT T") consecutively numbered 7-1", "F-2", etc., the signed consent of any affected utility providing service to or within the petition site and/or drainage district having jurisdiction over the petition site. 8. The Petitioner hereby certifies that in the event this petition is granted, the abandonment of the public right- of-way will not prevent other property owners from access to and from their property, and no other property owner in the vicinity will be adversely affected. e---> 9. The Petitioner hereby certifies that the petition site is not a right-of-way which is part of or used for any State of Federal highway purposes; and that such right-of-way is under the control and jurisdiction of the St. Lucie County Board of County Commissioners. -jC C-�, 1Q� The Petitioner hereby ce i Y , y rt f ies that the petition site is not a public accessway to any publicly accessible waters V in the County, or that if the petition site proposed to be abandoned does provide such access, Petitioner hereby offers to trade or give the County comparable land or lands necessary for public access to the some body of water. \1 . The petitioner hereby certifies that petitioner is the owner of property underlying or adjacent to the petition site as evidenced by an instrument recorded in Official Record Book 110 1, Page 5�'eO , St. Lucie County, Florida, a copy of which is attached as (EXHIBIT "G"). A 1� The petitioner hereby certifies that all property taxes upon the Petition site, or petitioner's property adjacent Yy to the petition site, are paid and current, or exempt from taxation, and a copy of a paid tax bill or statement `(. of the County Tax Collector is attached hereto as (EXHIBIT "H"). 13. The Petitioner hereby certifies: (CIRCLE "a" OR "b" BELOW) a) b) that the petition site to be abandoned is NOT within the limits of any municipality, OR that the petition site to be abandoned lies within the corporate limits of and attached is their resolution of abandonment of the petition site as (EXHIBIT "I"). 14. The Petitioner hereby submits a statement (EXHIBIT 71 in support of this petition which states Petitioner's reasons for requesting the abandonment and the use to which the Petitioner intends for the land. 15. The Petitioner hereby submits a statement (EXHIBIT "K") which states if the St. Lucie County Board of County Commissioners chooses to impose a privilege fee pursuant to Ordinance No. 06-022 the Petitioner will submit: a) an appraisal which shall determine the value that the petition site adds to the benefitting property. Such an appraisal shall be prepared in accordance with staff requirements and is subject to approval by the Board of County Commissioners, OR b) the averaged square foot land value of the abutting property, as established by the most current St. Lucie County Property Appraiser records, and multiplying said square footage value by the number of square feet of the petition site. The County's interest shall be equal to 120% of this value. If the Board determines that the assessed value does not reflect the fair market value, the Board may, in its discretion, have an appraisal prepared to determine the fair market value. 16. Petitioner hereby certifies that a NOTICE OF INTENT TO FILE A PETITION FOR ABANDONMENT has been published once weekly for two U consecutive weeks in a newspaper of general circulation in the County. The name of the newspaper and dates of publication are as follows: (Name of newspaper in which Notice of Intent was published) R 2, icy (First date published) (Second date published) A COPY OF THE PROOF OF PUBLICATION SHALL BE ATTACHED TO THIS PETITION AS (EXHIBIT "L") NOTICE TO PETITIONER: IF THE ABANDONMENT REQUESTED REQUIRES A PUBLIC HEARING PURSUANT TO LAW, PETITIONER SHALL BE GIVEN NOTICE TO POST A SIGN (17" x 24" OR 17" x 17") UPON THE PETITION SITE IN A CONSPICUOUS AND EASILY VISIBLE LOCATION, ABUTTING A PUBLIC THOROUGHFARE, WHEN POSSIBLE, AT LEAST TEN (10) DAYS PRIOR TO THE PUBLIC HEARING GIVING NOTICE OF THE TIME AND DATE OF THE PUBLIC HEARING ON THE PETITION TO ABANDON OR VACATE. THIS PETITION MUST BE EXECUTED BEFORE A NOTARY PUBLIC DATE: I / ii I C' 1i (AX- Peti loner's signature y Type or print Petitioner's name ZSU 5GO 13 iN, A-y�-(1��= Petitioner's Address COUNTY OF STATE OF Before me this day personally appeared That I is (are) the Petitioner(s); and, OSL O Petitioner's Phone Number who, being duly sworn, deposes and says: That all of the representations and information provided in the petition is true and accurate to the best of Petitioner's knowledge, information and belief. Subscribed and sworn to (or affirmed) before me this _ day of , 20_, by who personally appeared before me and who is personally known to me _ whose identity I proved on the basis of whose identity I proved on the oath/affirmation of . a credible witness Notary Public EXHIBIT "A" Type the legal description of.the petition site here LEGAL DESCRIPTION COMMENCE AT THE SW CORNER OF THE NW 1/4 OF THE NE'/a OF THE NE Ya OF SECTION 7, TOWN- SHIP 35 SOUTH, RANGE 40 EAST AND RUN 275 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 125 FEET; THENCE RUN WEST 65 FEET; THENCE RUN SOUTH 125 FEET; THENCE RUN EAST 65 FEET TO THE POINT OF THE BE- GINNING; CONTAINING•0.14 ACRES, MORE OR LESS. SAID LAND LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA EXHIBIT "B" Draw an accurate sketch of the petition site and abutting properties, if applicable, or attach a Boundary Survey (preferred) '2 L [bit tj'1 PREPARED BY: ALL FLORIDA SLIWEYING AND MAPPINa INC. CERTIFICATE No.L.S.-5665; L.B. 7433 STATE OF FLORIDA 1236 HAMMONDVILLE ROAD POMPANO BEACH, FL 33069 PHONE:(954) 788-8998 FAX:(954) 7BB-8992 10CATHON SCALE: NTS PAGE 2 OF 2 NOT VALID WITHOUT PAGE 1 OF 2 JOB No. __ METZGER ROAD I i w w L 0 D- r� z F-- w THIS SITE cn 0) z ORANGE AVENUE CERTIFIED TO: JOHN WEBER & YU CHIH CHANG CITY OF FT.PIERCE, FL LEGEND AND ABBREVIATIONS Q = BOUNDARY CORNER G P.I. = POINT OF INTERSECTION - ELEVATION S.I.R. - SET IRON ROD P.R.0 - POINT OF REVERSE CURVE //— DRWY. = DRIVEWAY P.O.C. - POINT OF COMMEN-CEMENT P.C. = POINT OF CURVATURE x— U.P. = UTILITY POLE F.N. - FOUND NAIL F.N.D. - FOUND NAIL/DISK B.O.B. = BASIS OF BEARINGS P.T. - POINT OF TANGENCY P.C.C. - POINT OF COMPOUND CURVE O A/C = AIR CONDITIONING PAD E.N.C. = ENCROACHMENT M/L = MONUMENT UNE R A - ARC DISTANCE E3 = CONCRETE LIGHT POLE N.G.V.D. - NATIONAL GEODETIC VERTICAL DATUM RAD, BLDG. - BUILDING F.I.P. - FOUND IRON PIPE O.E. - OVERHEAD ELECTRIC LINE RES. ® = ALUMINUM UGHT POLE F.I.R. = FOUND REBAR P.B. - PLAT BOOK R/W C.B.S. - CONCRETE BLOCK STRUCTURE I.F.E. - LOWEST FLOOR ELEVATION P.C.P. - PERMANENT CONTROL POINT SEC. CH. = CHORD DISTANCE © - WOOD POWER POLE P.G. - PAGE S.I.P. CL. = CLEAR (M) =MEASURED P.O.B. POINT OF BEGINNING S7Y C/L = CENTER LINE (R) = RECORD P/L = PROPERTY LINE SWK = CLEAN OUT Q = CATCH BASIN = CENTRAL ANGLE • - FIRE HYDRANT - WOOD FENCE - CHAIN LINK FENCE H WATER VALVE = C.B.S. WALL V,,M = WATER METER = MANHOLE ® = ELECTRIC BOX = RADIUS = RADIAL - RESIDENCE = RIGHT OF WAY -. SECTION = SET IRON PIPE - STORY = SIDEWALK lv, AWE MV � r er F� �;,;� y�gl'r�"'az•� ;r: �, x Y 't "'f`''�;� � r�` s- "4�n. 'L2'`., � `� - _ ,� j.. � T ,� �, �� x � •PIa-�z�3r'�"•�,'*+.�� "'tom ` 0._ a t- :'� , � � - .. �4 � � T- 'r{iyt.�����*"��� (.�'"-'n."s%`'�.ei}��}�"�5���_"t�t��Ly,�w.k��— �..• ' t�+k� ., J .. _, t - J � ~�TMf �T'M1w' � ��I Fri. � � 4',' .' '11F •�� J t/F' t�i� T i *ti�� �•.: t 1 s'�d14 � Yf �y .{ � � . 1 t •, � "� �,cs-� - 1,t�t`J-K •"fir }' � a � � r r R ,.. -.E i ram.•tv.♦ i �����.`' by � ..� •7s .-�.r� _ roc 7v 7r�..1h^�_7�!' ��s ' 4 ,� ''. 4 L t�ru � ir��� •'. .S ids"'• Y p 3' elF" 0 OVA 26 -Pg �A p if fig z 4, TI k-IF 4Z Wep,14 JX. , ST EhO EXHIBIT 11C11 Sketch or attach a location map here 1 2 8 \ \ � ! s | 2 6 0 1 C. 0 257 \ \ \ � i ,waz> e 25 1 2 5 1 2 5 6 4 6 4 4 2 01 2 - 2 8 2 9 3 kA 6 4 6 Z: " I ` T! --(Ave. D Ext.) , \ S! �` � \ 1 2 6 1 2 9 ,4 6 4 C 4 dam yr is i 9 64 64 6 4— 6 OiN nersliip — FM 711ill-rek Ho -ldin- LLC Parcel [D# — 2407-12'4-0001 -000- j --ion Site Lou,,iwi South Eric! dx,2 7 „c„ EXHIBIT Sketch or attach a location map here Map Legend: 0 I nterstatEs ® Trl I Roads - f•/I aior Roads 'subclivIsion �I 2.O- Acres Pa rcals ^€ Ir'npr.rd =alas Land �aias EXHIBIT "D"-1 Type or print name, address, property identification number, and legal description of surrounding affected properties here Owner Name and Address Tnx I. D. Number and Property Legal Description Charles Randolph ParcellD: 2407-112-0016-000-4 402 N 41st St Legal Description Fort Pierce FL 34947-2585 7 35 40 W 64 FT OF E 256 FT OF S125 FT OF NW 114 OF NE 114 OF NE114 (8) (0.18 AC) (OR 1887-1989) Brian N Teller ParcellD: 2407-112-0017-000-1 2305 Delaware Ave Legal Description Fort Pierce FL 34950 7 35 40 W 64 FT OF E 192 FT OF S125 FT OF NW 114 OF NE 1/4 OF NE1/4 (109-A) (0.18 AC) (OR 1568-167) Brian N Teller ParcellD: 2407-112-0018-000-8 2305 Delaware Ave Legal Description Fort Pierce FL 34950 7 35 40 W 64 FT OF E 128 FT OF S125 FT OF NW 1/4 OF NE 1/4 OF NE1/4 (109) (0.18 AC) (OR 1568-167) Brian N Teller ParcellD: 2407-112-0019-000-5 2305 Delaware Ave Legal Description Fort Pierce FL 34950 7 35 40 E 64 FT OF S 125 FT OF NW 1/4 OF NE 1/4 OF NE 1/4 (2) (0.18 AC) (OR 1568-167) Luis Valdes ParcellD: 2407-112-0012-000-6 674 SW Montana Ter Legal Description Port St Lucie FL 34953-2072 7 35 40 W 257 FT OF E 320 FT OF N 125 FT OF S 300 FT OF NW 114 OF NE 1/4 OF NE 1/4 (111) (0.74 AC) (OR 2863-1413) Martha S Stillwell ParcellD: 2407-112-0011-000-9 3401 Ave T Legal Description Fort Pierce FL 34947-5655 7 35 40 W 64 FT OF E 128 FT OF N125 FT OF S 300 FT OF NW 1/4 OF NE 1/4 OF NE 1/4 (0.18 AC) (OR 523-2726) Frederick C Donghia Mary E Donghia ParcellD: 2407-112-0010-000-2 4202 Ave D Legal Description Fort Pierce FL 34947 7 35 40 E 64 FT OF N 125 FT OF S300 FT OF NW 114 OF NE 1/4 OF NE1/4 (0.18 AC) (OR 322-1820) NOTE: ATTACH ADDITIONAL SHEETS AS NECESSARY EXHIBIT" 11011_ 2 Type or print name, address, property identification number, and legal description of surrounding affected properties here Owner Name and Address Tax I. D. Number and Property Le al Description IF ParcellD: 2407-112-0001-000-6 Nala Foresthill LLC 265 NW 41 Way Legal Description 7 35 40 NW 1/4 OF NE 114 OF NE 1/4-LESS Deerfield Beach FL 33442 W 275 FT AND LESS E 385 FT OF S 300 FT AND LESS E 125 FT OF N 335 FT OF S 635 FT- (1.67 AC) (OR 2151-2770) Eron L Spivey John B Spivey ParcellD: 2407-112-0001-200-8 4207 Metzger Rd Legal Description Fort Pierce FL 34947-1769 73540N110FTOFS410FTOFE125FTOFNW114OFNE1/4OFNE 1/4 (6-A) (0.32 AC) (OR 215-1594: 1283-899) Adeline Ramlow ParcellD: 2407-112-0007-000-8 505 N 43rd St Legal Description Fort Pierce FL 34947-1738 .7 35 40 S 140 FT OF N 450 FT OF E 125 FT OF W 225 FT OF NW 114 OF NE 1/4 O1 NE 114 (13) (0.40 AC) Mildred D Barbare ParcellD: 2407-112-0005-000-4 509 N 43rd St Legal Description Fort Pierce FL 34947-1738 7 35 40 S 140 FT OF N 310 FT OF E 125 FT OF W 225 FT OF NW 114 OF NE 1/4 OF NE 1/4 (15) (0.40 AC) Charles A Urso ParcellD: 2407-112-0006-000-1 108 South 35th Street Legal Description Fort Pierce FL 34947 7 35 40 BEG AT NW COR OF NW 1/4 OF NE 1/4 OF NE 1/4, TH RUN S 355FT, TH E 100 FT, TH N 355 FT TO SEC LI, TH W 100 FT TO POB AND S 61FT OF N 340 FT OF E 125 FT OF NE1/4 OF NW 114 OF NE 1/4-LESS RD R/W- (0.94 AC) (OR 1893-1012) Jose Macias ParcellD: 2407-121-0006-000-9 3659 S 25th St Legal Description 7 35 40 THAT PART OF SEC MPDAF: BEG AT SW COR OF NW Fort Pierce FL 34981 1/4 OFNE 1/4 OF NE 114 RUN E 100 FT, TH N 305 FT, TH W 100 FT, TH S 305 _ FT TO POB (0.70 AC) (OR 1537-1160 :1859-2431 : 1968-17681 NOTE: ATTACH ADDITIONAL SHEETS AS NECESSARY EXHIBIT "D"- 3 Type or print name, address, property identification number, and legal description of surrounding affected properties here Owner Name and Address Tax I. D. Number and PropertLegal Description Jose Macias ParcellD: 2407-121-0007-000-6 3659 S 25th St Legal Description Fort Pierce FL 34981 7 35 40 S 86 FT OF E 125 FT OF NE 1/4 OF NW 1/4 OF NE 1/4 (0.25 AC) (OR 1537-1160 : 1859-2431) Jose A Macias Jr Nicholas Macias ParcellD: 2407-121-0008-000-3 3659 S 25th St Legal Description Fort Pierce FL 34981 7 35 40 N 61 FT OF S 147 FT OF E 125 FT OF NE 114 OF NW 1/4 OF NE 1/4 (0.18 AC) (OR 1537-1151) Jose A Macias Jr Nicholas Macias ParcellD: 2407-121-0009-000-0 3659 S 25th St Legal Description Fort Pierce FL 34981 7 35 40 N 61 FTOF S 208 FT OF E 125 FT OF NE 1/4 OF NW 1/4 OF NE 174 (0.18 AC) (OR 1537-1151) Jose A Macias Jr Jose A Macias Sr ParcellD: 2407-121-0005-000-2 3120 Rodgers Rd Legal Description 7 35 40 S 122 FT OF N 462 FT OF E 125 FT Fort Pierce FL 34981 OF NE 1/4 OF NW 1/4 OF NE 1/4 (25) (0.35 AC) (OR 2484-1397-1400) Pa rce I I D : 2407-112-0009-000-2 Johnnie Franklin (EST) 501 N 43rd St Legal Description Fort Pierce FL 34947-1738 7 35 40 S 210 FT OF E 125 FT OF W 225 FT OF NW 1/4 OF NE 1/4 OF NE 1/4 (0.60 AC) (OR 1121-2815) FM Millcreek .Holding LLC Pa rce I I D : 2407-124-0001-000-3 1682 West Hibiscus Blvd Legal Description Melbourne FL 32901 73540S1/2OFSE1/4OFNE1/4OFNE1/4ANDSW1/4OFNE1/40FNE1I4ANDSE114 OF NW 1/4 OF NE 1/4-LESS N 50 FT FOR RD RNV- AND SE 1/4 OF NE 1/4-LESS S 600 FT AND LESS FOR CANAL R/W- AND E 791.25 FT OF SW 114 OF NE 1/4-LESS E 65.98 FT OF S 600 FT AND LESS RD AND CANAL RNY- AND LESS THAT PART MPDAF: FROM SE COR OF SW 1/4 OF NE 1/4 RUN N 00 00 56 E 40 FT,TH S 89 42 09 W 65.98 FT TO POB;TH CONT S 89 42 09 W 157.17 FT,TH N 00 17 51 W 92.93 FT TO CURVE CONC SW,R OF 206.46 FT,TH NWLY ALG ARC 125.20 FT,TH N 35 02 28 W 109.91 FT TO CURVE CONC E,R OF 280 FT,TH NLY ALG ARC 194.58 FT,TH N 04 46 28 E 18.58 FT TO CURVE CONC E,R OF 477.11 FT,TH NLY ALG ARC 98.22 FT,TH N 89 42 09 E 288.42 FT,TH S 00 00 56 W 600.01 FT TO POB-SUBJ TO PERM DR ESMT AS IN CA 82-59.05 (63.90 AC) (OR 2483-1551) NOTE: ATTACH ADDITIONAL SHEETS AS NECESSARY EXHIBIT "E" Type or print name, address, property identification number, and legal description of abutting property owners here Owner Name and Address Tax I. D. Number and Property Legal Description Parcel I D: 2407-112-0009-000-2 Johnnie Franklin (EST) 501 N 43rd St Legal Description Fort Pierce FL 34947-1738 7 35 40 S 210 FT OF E 125 FT OF W 225 FT OF NW 1/4 OF NE 1/4 OF NE 1/4 (0.60 AC) (OR 1121-2815) Pa LceilD: 2407-124-0001-000-3 FM Millcreek Holding LLC 1682 West Hibiscus Blvd Legal Description 7 35 40 S 112 OF SE 1/4 OF NE 1/4 OF NE 114 AND SW 1/4 OF NE 1/40F NE 1/4 AND Melbourne FL 32901 SE 1/4 OF NW 1/4 OF NE 1/4-LESS N 50 FT FOR RD R/W- AND SE 1/4 OF NE 1/4- LESS S.600 FT AND LESS FOR CANAL RIW- AND E 791.25 FT OF SW 114 OF NE 1/4-LESS E 65.98 FT OF S 600 FT AND LESS RD AND CANAL R/W- AND LESS THAT PART MPDAF: FROM SE COR OF SW 114 OF NE 114 RUN N 00 00 56 E 40 FT,TH S 89 42 09 W 65.98 FT TO POB;TH CONT S 89 42 09 W 157.17 FT,TH N 00 17 51 W 92.93 FT TO CURVE CONC SW,R OF 206AS FT,TH NWLY ALG ARC 126.20 FT,TH N 35 02.28 W 109.91 FT TO CURVE CONC E,R OF 280 FT,TH NLY ALG ARC 194.58 FT,TH N 04 46 28 E 18.58 FT TO CURVE CONC E,R OF 477.11 FT,TH NLY ALG ARC 98.22 FT,TH N 89 42 09 E 288.42 FT,TH S 00 00 56 W 600.01 FT TO P06- SUBJ TO PERM DR ESMT AS IN CA 82-59.05 (63.90 AC) (OR 2483-1551) NOTE: ATTACH ADDITIONAL SHEETS AS NECESSARY EXHIBIT Attach one for each abutting property owner AFFIDAVIT OF CONSENT FROM ABUTTING PROPERTY OWNER COUNTY OF 5(e11�rrJ STATE OF V%(or kc GC - Before me this day personally appeared = i-1��% r�� " °"� who, being duly sworn, deposes and says: is(are) the owner(s) of: (? i" ('J to Vq u �J 0 'Al Q P Q -16 ;°y (o, W AC) (oGl i i`?, t - f: (,legal description of property) That T- have been furnished a drawing which clearly indicates the Plat, easement or right-of- way to be abandoned and its relationship to �-N`J property. That `5 hereby consent to the abandonment of the described petition site whir is adjacent to my property, as described above,.on the (check one) North ._ South-----, ^East West. I ?—At- M—iQ , being duly sworn by me, declares that the above/foregoing statement is true and correct to the best of his/her/their knowledge and believe. Subscribed and sworn to (or affirmed) before me this day of , 20 , by who personally appeared before me and who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of . a credible witness Notary Public ATLANTIC BRANCH CORAL SPRINGS, Florida 330719998 1158540435 -0094 05/02/2008 (800)275-8777 04:42:22 PM Sales Receipt Product Sale Unit Final Description Qty Price Price FORT PIERCE FL 34947 $0.41 Zone-2 First -Class Letter 0.40 oz. Return Rcpt (Green Card) $2.15 Certified $2.65 Label #: 70030500000020509201 Issue PVI: $5.21 `o O rLi o . - Ir A �a C� � ru $ Postage � �5 s� �p Certified FeeInark Return Redept Fee (Endorsement Required) a" J1//// s I Here p i , ED M Restricted Delivery Fee (Endorsement Required)Ln a111 r Total Postage & Fees M O Sent To o Mc'. �ohnni� in N Street Na: ...... —......... orPosaxN----O. ��O I - --( -- ------------- City, State.71P+4— _ t14 ruutc UYlIV1UN LUUN www*ww+.wwwwwwwwww*ww*ww****ww*wwwwwwwwww «wwwwwwwwwwwwwwww*www*ww*w*wwwwwwwwwwwww Customer Copy EXHIBIT "E - 2 " Attach one for each abutting property owner AFFIDAVIT OF CONSENT FROM ABUTTING PROPERTY OWNER COUNTY OF BREVARD STATE OF FLORIDA BEFORE ME this day personally appeared HUGE M. EVANS, JR. who is a duly authorized agent of FM MILLCREEK HOLDING, LLC, who, being duly sworn, deposes and says: HOLDING 1. FM Millcreek, LLC is the owner of the property located in St. Lucie County, Florida described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF 2. That I have been furnished with a drawing which clearly indicates the Plat, easement or right-of-way to be abandoned and its relationship to our property. 3. That I hereby consent to the abandonment of the described petition site which is adjacent to our property, as described above, on the North. HUGH M. EVANS, JR. , the Affiant, being duly sworn foregoing statement is true and correct to the best of his/her/their km The foregoing instrument was acknowledged before me this , declares that the above of February , 2008 by HUGH M. EVANS, JR. who is personally known to me or who has produced identification as shown below and did take an oath. Mr. Evans is the President of Forte Macaulay Development — Consultants, Inc., the Manager of FM Florida Land Company LLC, which is the Sole Member of FM Millcreek Holding, L.L.C: SWORN TO AND SUBSCRIBED before me on the day d year above 'tte NO Y PUBLI MY COMMISSION EXPIRES: NANDRA R_ RAMNARTNF print name of notary Notary check one: ( Person signing document personally known to me. O Person signing document provided the following form of identification: Type: I.D. No.: EXHIBIT T - t " Consent letter from affected utility company CONSENT OF INTERESTED OR AFFECTED UTILITY/DRAINAGE ENTITY DATE 19, LCOt UTILITY COMPANY �-f b �� �, cc"�T �� • -�-Z 6 52 ' 1 O I 49 <- N \tj -1U ADDRESS CITY, STATE ZIP RE: Petition to Abandon/Vacate (Description of Petition Site enclosed) To Whom It May Concern: Please consider this letter as our request for a LETTER OF NO OBJECTION to the abandonment of the above referenced site. _nclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self-addressed envelope is also enclosed for your reply. If you have any questions or if I may be of further assistance, please contact me at Thank you for your assistance in this matter. Enc. Petition site sketch and description. Consent as requested Consent with the following conditions: Consent Refused Date: �Aut orized Re /es tative CI-' Pv�'� tj 1'�-4 EXHIBIT T - 2 11 Consent letter from affected utility company CONSENT OF INTERESTED OR AFFECTED UTILITY/DRAINAGE ENTITY DATE 1 > c-1, L, '_-ST • L) C-: -e._ UTILITY COMPANY ADDRESS CITY, STATE ZIP RE: Petition to Abandon/Vacate (Description of Petition Site enclosed) To Whom It May Concern: Please consider this letter as our request for a LETTER OF NO OBJECTION to the abandonment of the above referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self-addressed envelope is also enclosed for your reply. If you have any questions or if I may be of further assistance, please contact me at I Thank you for your assistance in this matter. Sincerely etiti ner or agent) i Enc. Petition site sketch and description,.. Consent as requested Consent with the following conditions: Consent Refused Date: y Authorized Representative ;U/J U[UUD -1 1:u4 (y'4) /4-1-1 LLJ h(ooer[ vvorman, CSy. -r <ia EXHIBIT' "F - 3 If Consent letter from affected utility company CONSENT OF INTERESTEQ OR AFEE(TTI) UTILITY -/_DRAINAGE ENTITY DATE August.22, 2008 Fort Pierce Utilities Authority UTILITY COMPANY P.O. Box 3191 ADDRESS Fort Pierce, Florida 33948 CITY, STATE ZIP RE: Petition to Abandon/Vacate (Description of Petition Site enclosed) To Whom It May Concern: Please consider this letter as our request for a LETTER OF NO OBJECTION to the abandonment of the above referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned; A self-addressed envelope is also enclosed for your reply. If you have any questions or if I may be of further assistance, please contact me at 954-275-3026 Thank you for your assistance in this matter. oner or agent) ,John Weber Ene. Petition site sketch and description. Consent as requested Consent with the following conditions: Consent Refused Date: �2;� a-,-`�_ )� EXHIBIT' T - H 11 Consent letter from affected utility company CONSENT OF INTERESTED OR AFFECTED UTILITY/DRAINAGE ENTITY DATE August 22, 2008 Florida Power and Light (FPL) UTILITY COMPANY 3301 Orange Avenue ADDRE55 Fort Pierce, Florida 34949 CITY, STATE ZIP. RE: Petition to Abandon/Vocate (Description of Petition Site enclosed) To Whom It May Concern: Please consider this letter as our request for a LETTER OF NO OBJECTION to the abandonment of the above referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned: A self-addressed envelope is also enclosed for your reply. If you have any questions or if I may be of further assistance, please contact me at 954-275-3026 Thank you for your assistance in this tnatter. Enc. Petition site sketch and description. Consent as requested Consent with the following conditions: Consent Refused Date: Sincerely, (P . -,. Toner or agent) John Weber —A41n, I 1�� L, t G �-T k ��o - Authori d epresentative �j� EXHIBIT T - ` _ it Consent letter from affected utility company CONSENT OF INTERESTED OR AFFECTED UTILITY/DRAINAGE ENTITY DATE bEc7n___17(04c� UTILITY COMPANY U_�_q C,1,06S *Q9. Rcc)t, 2J S ADDRE55 CITY, 5TATE ZIP RE: Petition to Abandon/Vacate (Description of Petition Site enclosed) To Whom It May Concern: Please consider this letter as our request -for a LETTER OF NO OBJECTION to the abandonment of the above referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self-addressed envelope is also enclosed for your reply. If you have any questions or if I may be of further assistance, please contact me at S -�j. Thank you for your assistance in this matter. Enc. Petition site sketch and description. Consent as requested Consent with the following conditions: Consent Refused Date: i Sin 1, (Pe "ti er or agent) J,j Authorized Representative Charles L Adams Area Manager C&E AT&T - Florida "G" EXHIBIT Proof of ownership of petition site or adjacent benefitting property SEE ATTACHED G-1 JOANNE HOLMAN, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 2514181 OR BOOK 2109 PAGE 560, Recorded 12/07/2004 at 05:18 PM Doc Tax: $581.00 This Document Prepared By and Return to: St. Lucie Title Services, Inc. 800 Virginia Avenue, Suite 47 Fort Pierce, FL 34982 CH BOX #160 Parcel ID Number. 2407-112-0014-000/0 Warranty Deed This Indenture, Made this 1st day of December 2004 A.D. Joseph Calvin Thornton and Nancy Marie Thornton, his wife Between of the County of St. Lucie , State of Florida , grantors, and John Weber and Yu Chih Chang whose address is: 4001 NE 23rd Avenue, , FL W04 Vt� house Potr,+. , �i, 3304A of the County of P!6n i"ac_ -8Y-0 fa rd , State of Florida , grantees. Witnesseth that the GRANTORS, for and in consideration of the sum of ------------------------TEN DOLLARS ($10)----------------------- DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEES and GRANTEES' heirs, successors and assigns forever, the following described land, situate, lying and being in the County of St. Lucie State of Florida to wit: Parcel 1: Commence at the SW corner of the NW 1/4 of the NE 1/4 of the NE 1/4 of Section 7, Township 35 South, Range 40 East a run East 275 feet along the South line of said Section 7 to a p t of beginning; thence continue East 65 feet; thence due North 125 a thence West 65 feet; thence South 125 feet to POINT OF BEGINNING, ac ding to an unrecorded survey by J.W. Whitice dated Ma;r2h 21 958 1 ing and being in the NW1/4 of the NE1/4 of Section 7,T o East, said land lying and being in St. LucieCount Range 40 y, ride. AND Parcel 2: The West 64 feet of the East 320 few Sough 125 feet of NW 1/4 of NE 1/4 of NE 1/4 of Section 7, Townsh3 S th, Range 40 East of St. Lucie County, Florida as recorded in O£ Records Book 233, page 542 and Official Records Bo page Public Records of St. Lucie County, Florida. and the grantors do hereby fully warrant the title to said I ,and will clef the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantors have hereu se heh hands s We day and year first above written. Signed, jealed and dgUvppd in our pre s e: Witness \ 0 rinted Name: YY�QaC�.(�,nlmr)-A Witness ,' oseph'Calvin Thornton' 7 P.O. Address: 4213 Charity Lane, For Pierce, FL 34947 I -Ile (Seal) Nancy#riia Thornton P.O. AddrcW4213 Charity Lane, Fort Pierce, FL 34947 STATE OF Florida COUNTY OF St. Lucie The foregoing instrument was acknowledged before me this list day of December , 2004 by Joseph Calvin Thornton and Nancy Marie Thornton who are personalty known tome or who have produced thei Flozida driver' s license identification. L 0 > Melissa Denison Prin d Name: i� Commissior, # D0271560 Notary Public e'aE W n l!e Expires December 2, 2007 My Comntiasion Expires. 4775 a>wa oo, ,mae sn Ab 1019 a1uoe by 01)up.v synmu, Mc, ]407 (567) 76b5555 Form Ftwn-i EXHIBIT "H" Certification of taxes paid on petition site or adjacent benefitting property SEE ATTACHMENTS H-1 TaxSys.net Page I of i - - Roll Year: 2008 Assessed Vaiue: 96,800 2008 2008 Acct: Paid-in-fuii Tax Year: 2008 Exemption Value: 0 2007 2007 Acct: Paid -in -full Account Number: 2407-112 -0014-000/0 Taxable Value: 96,800 2006 2006 Acct: Paid-in-Fui: 2005 2005 Acct: Paid-in-fu;; Ad Valorem: S1,844.13 2004 2004 Acct: Paid-in-ful' Miliage Code: 0002 Nor -ad Valorem: 5195.68 2003 2003 Acct: Paid-in-fu.�i Cerffied Weber, John Roll Owner(s): Chang, Yu Chih Total Tax: S2,040 01 Total: 50.00 4001 NE 23th Ave Total Pen./Fees: 50.00 Lighhouse Pont, FL 33064 Situs Address: 4213 Charity LN, CTY Links: Book -Page -Item: 2109-0560- 7 Range: 40E CD01 St Lucie Co Storm Vitr Mgt 0.4731 s45.80 COSW County 0.010 s170.88 Township: 35S CP05 County Parks MSTU 0.2313 s22.39 Solid Section: 07 CT06 Co Public Transit MSTU 0,0833 s8.06 Waste Use Code: 000100 EE19 Erosion District E 0.0925 58.95 Asmt Total Acres: 0.37 ES01 Environ S'.cin:f Land Bond 0.0459 s4.44 NS40 N St 525.00 Leaai Description: 7 35 40 Vii 129 FT OF E FF02 Law Enf,3aI!,Jud;c;a! Sys 2�5478 s246.63 Lucie %,Vtr Mgmt 365 FT OFS 125 FT OF GF01 Co General Revenue Fund 3.6173 s350.15 Dist NW 1/4 OF NE 1/4 OFNE 1/4 (0.37 AC) (OR 2109- G 02 St Lucie Co Comm Dev MSTU 0.4605 544.58 Total: 5195.88 560) GF03 Law- Enforcement MSTU 0.3511 s33.99 Last Updated: 10/08/2008 02:46PM PA14 St Lucie County Port Bond 0.0154 5I.49 CS64 Ch"idrens Service Counc",! 0.3858 537.35 FD21 St Lucie Co Fire District 2.2000 s212.96 F140 FL inland Navigation Dist 0.0345 53.34 SD09 School D:scret;onary 0.6860 566.40 SN39 Schoo: Capita,; Irn-proverint 1,7500 s169.40 SR08 School Req Local Effort 5.2490 s508.10 S FL VItr Mamt District 0.6240 560.39 MC14 Mosquito Control, 0.2036 519.71 Total: 19.0511 51,844.13 Any Account Status Specify search criteria above and then click Note: Accuracy of the information provided on this welpste is not guaranteed for title searches and dosing agents EXHIBIT "I" Resolution of Abandonment by Municipality (Only if petition site is within a municipality) NOT APPLICABLE EXHIBIT "J" Petitioner's statement in support of granting petition EXHIBIT J January 1, 2009 St. Lucie County Board of County Commissioners Port Saint Lucie, Florida RE: Petition for Abandonment County Right of Way South End of North 43`d Street South of Charity Lane To Whom It May Concern: We the petitioners hereby submit a statement in support of this petition which states our reasons for requesting the abandonment and the uses we have for the petitioned land. Reasons for requesting the abandonment: 1.)'Ever since we purchase the adjacent property, we have maintained the petitioned land to keep the neighborhood and our property at a certain standard. 2.) During the storms, we have removed debris from the petitioned land and have not asked for county assistance for costs associated. 3.) Several people have set up canlps on numerous occasions on the petitioned land and have lowered the standards, aesthetic appeal and have potentially lowered the appraised value of the neighboring properties. 4.) We want to maintain the area to certain levels of appeal and appraisal value. 5.) We feel that we will put the petitioned land at better use than it is currently at and bring the value up for the neighborhood. Potential Use of the petitioned land: As a retired senior, Joluz Weber (one of the petitioners), plans on putting a garden on the petitioned property to increase the aesthetic appeal of the property and bring up the standards of the neighborhood. We would install (with all the proper permitting) a 4" well in the area to maintain the garden. If the petitioned land is abandoned, this would increase the county's tax revenue. Sincerely, tJk� Joil Weber, Petitioner Yu- hih Chang, Petitioner EXHIBIT "K" Petitioner's statement regarding Ordinance No. 06-022 EXHIBIT K January 1, 2009 St. Lucie County Board of County Commissioners Port Saint Lucie, Florida RE: Petition for Abandonment County Right of Way South End of North 4-3 Street South of Charity Lane To Whom It May Concern: We the petitioners hereby submit a statement which states that if the St. Lucie County Board of County Commissioners chooses to impose a privilege fee pursuant to Ordinance No. 06-022, we will submit one of the following: a.) An appraisal which shall determine the value that the petition site adds to the benefitting property. (Such an appraisal shall be prepared in accordance with staff requirements and is subject to approval by the Board of County Commissioners. b.) The average square foot land value of the abutting property, as established by the most current St. Lucie County Property Appraiser records, and multiplying said square footage value by the number of square feet of the petition site. The County's interest shall be equal to 120% of this value. If Board determines that the assessed value does not reflect the fair market value, the Board my, in its discretion, have an appraisal prepared to determine the fair market value. Sincerely, hn Weber, Petitioner EFL .� Yu . � ih Chang, Petitioner EXHIBIT "Ll' Proof of Publication of Notice of Intent to File a Petition for Abandonment SCRIPPS TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 Kim AFFIDAVIT OF PUBLICATION SCRIPPS HOWARD STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, S. DarleneBroeg, who on oath says that she is Classified Inside Sales Manager of the Fort Pierce Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the attached copy of advertisement was publshed in the Fort Pierce Tribune in the following issues below. Affiant further says that the said Fort Pierce Tribune is a newspaper published in Fort Pierce, in said St. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said St. Lucie County, Florida, daily and distributed in St. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Fort Pierce Tribune has been entered as Periodical Matter at the Post Offices in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline Po # JOHN WEBBER & YU 1931512 11/18/2008 NOTICEOFINTENTTOABANDON-4070-OaEET CHIH CHAN JOHN WEBBER & YU 11/25/2008 CHIH CHAN Subscribed and sworn to me before this date: November 25, 2008 N. Notary Pu c SHERRI CIPRIANI c2o P�"r� Notary Public - State of Florida . ; ; . ` My Commission Expires Nov S, 2011 o`; Commission # DD 733073 �i fit ,. F `0 ".` ' Bonded Through National Notary Assn. LI NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES 0 R I G' I 1\\.l A L V TCPALM.COM CLASSIFIED F • TUESDAY. NOVEMBER 25. 2008 • SCRIPPS TREASURE COAST NEWSPAPERS • D7 d C H 0 I-` r W Z � a W N � Z W } p 0 rn O L)0 C "O f- a H l° °z N IL LL C Q> .O Z - O Q -0 0 U Q 0 0 N LSD M w r Is OZlSD 04 Vet lose., w.<,, mer,oNm�,� Slit' essll,e °Mry:n. ns el:n Imr ow tp„m�e YI )6 -1 am W Car of lour enamN E 0 sI6 �sF �y50W ®7 D Illtos. "Car Shopping in OYerdsivv! sew°"'"^� e s3 .5irf AYE:!�TFIlj(�N 7 mv. '0] Ilkew T, bwYS3ltml. a�I I61 B Oiiis31- _ I'cY' pa CAaPMS Peallie y1u e COtNTY COO[s n" s�°� al'w n In�MM1ne WSE00IOT19Siri 6 t V.s [ . spr n9 D. LI n1 Ihsir T[7'At�,TLL•n^,+"•'� aLASSk�JED sou. IP [nines sWEB wr�,° 1.)��tiell nor�In<r sLOck county You Can Now PIACe Your Ad s si:los 4, bw�lno��ewe°p'c `oesi°soo: ioi� y�,rle,snlwlcO<: co It,.pms�lie`o Online) �m T?Ii 61 Oi WEB 10 !!]Ells ecttEAnD''J� it III Mn a in the kh nand tall, la pw PptlowAH KD 1M I�si�a�:I�a<I oD�DE 6e1'�® Sowc - y 11 B1m] e95a1-M-w 9w1u lmL CL9d .lDWm cte�lErver. 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Num. n D b N Grvfinlr uy`//��N� r f Is, >M 51t h L wE01D t ,d 1 111.D d ,M1' p1,lien er ., public rv. d. NerIM1 I I ryl ± a . .+..d 200E /jF.n_I D.ton MARIMAC Sr0 BLK 2 'OIaKK-GlouCSYSY OVOE ml. pApyyt.OW N6I910 lirtl $Irael b SL Lu i.C-1,Fl°rld,, GrdrKate NumMr i006t.2J LOT 2 AND N IO OF 1i61R wEE',D'ASin,?ssDP d-6- n Idmva'. Vnr of Ixsuare.: 200E LOT ,9e+e.n T1: r.F ia➢ kM yl :Ci1'1 vl„I' LEWI pESCPIfiION Dncnpoan of VERONICA iIOWERS i all yS!Y) 1�2OJldl 1 n.}6199s COMMENCE AT THE SW CORNER OF THE PrvWM' CLYDE KILLERS ADD An °I lh, ibn, NYSoS MPI{ F➢144" NW S: OF TIIE NE n Of THE NE w OF SECTION T, TOWN BlK 1 W St.S R OF LOTS 15 AND 16, AND N FT Of LOT f) preµ rrry i, lor,led in SI. Lucia C._ LI In. Sun pl Flerrda. f080"fS50::'L'+v90;1.6 >KFhr':Tuna aL.EN 51,900 ':• ID,FF-R1 , SNIP 36 SOUTH, PANGS 10 EAST FEET AND RUN POINT TO THE POINT OF Tv: SUNSHINE SUNSHINE RED VI LLC L,I, ,x ouch c.rli:i • 9h.11 be r . deemed. av,dnr0m l,w, IM1e Pr1 p<r 1Y PQRSD fnnS- 'Ole qem tt an ono BEGINNING; THENCE RUN NORTH All W rM .bow prop doe crib.d in xurM1 L.rl ilrc.I• will 0. %PWEB in I -TC65D THENCE RUN WEST 56 FEET: L.- Cau q, me St." N.i B1ddrrvi. the S. Lu, cia c-t, Courl. Da Ody, cK 'dol n' Ore ° l0Y mel �l li 6Yt.1t.9 THENCE RUN SOUTH 125 FEET; Un1e11 such nrlifi. 9Fall b. r. 1-1., 121 S. Indkn Pivr Dr., FI. PHrc., Ec ID THENCE RUN FAST 66 FEET TO THE tlnm.d accwdin0 m Lew, Ih, P,e -y FL 3%50 on W, t31n e.Y a J.w.ry, t009 HDfrDA. OM1Yy Y CKl POINT Of THE BE. d.ecribrd in each . II:Op�m. fel �OroATMOS) SQL WE TS6U GINNING; CONTAINING 11- C.rlilinte will b. .old to Ih. Hiyh..I Edwin M Fry, Jr. CMM1 aI Ne ACRES. MORE OR LESS. Brdtler in Ine SL Lu- ci• Counly C1u` Cbail Clan oI SL Luue. FL ! SAID LAND LYING A.- D,.. S. Imkn Rw.r Dr.. it. B-. MM L,,-k 0.pury GwF lee AND BEING IN ST. II ISIH FL 3d950 on Wa I]Ih ANTIQUE/ ANTIQUFI LUCIF COUNTY, dry 11 J•nwry, I009 Pub.: Nov,mMr 1, 11, CLASSIC CAR N twr dr.mm> RORIDA a11100 ..m. Edwin M. fry, Jr. IS. 25, IOOB I- Try "Car ShoppingER; NAME Of PETITION- JOHN WEBER B Clary pl lee Cl,-. C. I N1IrM of 4pphnlan In Overdrirel S•m 1.lra T,rxw.- Yu CHIP CHANG ADDRESS' 4213 W SL Lad,, FL BY: CMMF I,,, . F.T. D m 1 ,d CHARITY LANE G.PNry Ckry NOTICE IS HEREBY j1°°tl' CPYmwwn FORT PIERCE. FL .1d.9 Pub.: Nw•mb•11111, GIVEN THAT MTAG CUST FOR TWINING Nnlhel yov d- .IN--ttlar P-,: N- IC. I6. IO% 1923611E II, of IF. I.11owine i., Sal. 1Ba'- 18]t612 C.ni4c... M. R1ed I., Tar Ce rl ilia le Im mi rn m Noli Iel. DN.aden Im Ta, D..d PB36s - , I,-Ul Ih 7LL;ppy��Aw¢IAq.Derf. r' NOTICE IS HEREBY IM Cerdb Num- Truna:AY E� NeT GIVEN THAT IXTAG 1. b•u.ncd 36 UN(EtnSW 01" HIS, el APplindan Ia T. Dwtl DUSTR LAGUNA 'OR BEACH hdd.r Alt'. lel owin4 T.K 5.1e O•ipn,11 11, Orst ° Drvp ny ,I,If N.me b whet e CASH fS J .cinUCHN9iP" 1 MACHINERY' r NOTICE IS HEREBY CSItfi.- hit, fled nid TM C11ilican , 1nn..d as I.I. bw, YR2i9s'0wI GIVEN THAT MTAG tar III T., D•.i, tD c..S.L. NrdnMc M1FS TOWINO GUST FOR f1U31-15LE ASSET hold., IF IM b. k1u•d thar•an. TM Grtirlwl. Nu- IOOE-llOfi T.. S.I. I .rd 11.1 Ff 200E m:Tuns aninnl• hn 4kd [aid T.. C.nirrl. k.Nann, In. D., c,Ip- of m .try, IN-pli°n I P,o W, I., the Ta, Dem I. end N.m. in whirr,IIREVISED PLAT OF br i..u,d thereon. TM GnifeM Num i. ,e•n. .d e. I.I. bw,: HOME ACRES UNIT I W 1t.50 FT O1 S ]e%0008[MM 4P per and Y.,r 0 Gkfican NOmbec. 103 IT OF LOT 30 41e s6'00 Rid! )SR ' ,. HIS D.. 20 1- AND E 2I.50 FT OF S WEB ID -.1 mien .1 1r HY, .m Wm. W whbN i1 Year el N.- 20a 1. R OF LOT ill Au. -To: 1. 1 end n Irk N.A live W CYNTHIA LAVERNE . Win. Gnifk.le NUmbN: Progrry: 20 35 40 FROM HE JONES 2m- Ye.r rf Inuwrn: COR HE Ile OF NE 1/4 OF SWIM RUN S AS of IM 1bw, pros+ WtV i. lenkd 'n S1. t 100E 19 R TO FOR. TH Luue C-tY 1 In. 1 0.wlpt on of Pronrle RUN W ALG 5 B/W CORTEZ BLVD lob SOS N H-S.. Unk., , I, < nn YT PORT ST LUCIE SEG FT, TH S 195 R, iH c , hitl It, I, TION 46 FIRST RE PLAT BLK Ilw LOT E 100 FT, TH N 1B6 FTTO FOR d..m.d aaordn0 Iv L1 W, thr PrFp IY 17 A.1•wd T.. I dnc,ib.d in .u<M1 Amend Tit,. EULALEE L I ESTATE OF DORO THY STOREY C.rbfic Nr will b, ,°Id Ip LM ",, . THERESA A BORP Bidd,r in W St. L.- GU III All al OW ebwr preµ I. Go Y Court. THERE 5 A A R erry is bcantl in SL M , III S. Irma. BROWN THEREA BROWN L°ci. Cowry, In Ih. Snw 11 Fmid.. Biter Dr., It, it ]SON, m d,e 7.1 PLEASE NOTE HIDAY A RICE PA Unkn Such n,tifi day rl January, 21HI9 CHAD S PANA ESO c.I• .h.11 it. 1. e1 It. a.m. DN. m ere imean b ker.drerdl A11 p1 ell prop de•m.d .aprdi,N n law, th1 Pr10•r1Y Edwin M. Fry, 1,. 0.1 pf Me I—e•adr b Nn i. bc.kd 1. SL dn<rm.e In .1pn G. I Cwn PIan1 k011 mil now Lurk C1.nry, k IN,. 5nk of Fbrka. C-Ifit.l. will b. .old I. H. Fleh••1 or SL Lwi•, FL By CM WI Fe.mwl, Uri- each ..rrlll. B.M., m b. SL Lu- NFL,, Ckr, 3PM I.•hall S.I. ci. C.." Curl. 3 BUSINESS DAYS dnmm .-ding 1, l.w, Ih. Prppeny dnc,ib.e in .wh hwu. III S. Inei.n River pre, "I.Pierce, FL 3.50 Pn nw Ilntl pu6.: Nvwmber I1. 19, 16, 200e; RnmM, 2, XEB P:rw m puNiunn C. rlilieata will be ,old ID Ih. kl.h 11 Bidder In Ih. SL Lp ,A CounlY C..". d.V W J+nwry, 2001 .1 Ill. em. L- M. fry. Jr. 0.11 W 1M ,921591 NWI[, of Appknikn fw Te, Deed ogle} NOTICE Of INTENT TO ABANDON now., 221 S. Imkn ClraitCwn NOTICE IS HEREBY r,, WAwn II M.Y Cen. wm. River 0r., Fl. Piwu, FL 31950 1n H. 3rd vI SL Luc.,R Br ChrM Fn,men, G v E N T H A T SAUTERNES V ILC d.Y of F.br-y. NFNry CkrI, ho1d., .1 In, lull WIII nYe neon 2009 it II:00 .m. lolllwinp Tar yak Ih.1 in .eclyd.nn WithP. Drorltipne 11 Sclien• 177,1111, Edwin M. F lr. fM�r11°Gaud Pub.'. N.-I.r 11, 0.nmbw 2. 20 9 I I C-Lir.0 hn lilyd „itl T1, Cerlilink 11r IN, T,. Dnd I. a, mend.d ]36.v8 of 51 Luw, FL 19295d6 br ianee tnerean. Notice,A,,plFS. .n4336.10. FIP,id. By: Tam.dl,One TM OrBRnn Num S-11S., .. mend- NPLW Ckn lm T.r Deed b. r end y r l r v .4, end 51.•Lurie G.- Lend Dee,l- Pub.: Nev,mb.r 1f, 0.- NOTICE IS HEREBY , IM Det-ll c,iplknr el prpPerry, 1pm 1 Cpe1, Src 16, D,remp.r I, I, G I V E N T H A T am Nwne in rT¢A b son 11F .P, .teen., h. IN.;., a YN 2af 1B.M991 tie sAurERNEs v n1le.r 1f Ibe i, e lo ....,e... b CHIP cnen9 bona. NF,- ,I Arril fauewlne IS. 5.1. Gmr I. NwIMc 11 rl.. penren n. erne Bet IM SL SFr Tn D-C-11h. OBO51 a I., GillZ ..idT.. CersificSle VS., .1 Lucie Ceunry Bwrd If C11nry Lemmk- NOTICE IS HEREBY G V E N T N A T I., Ih. T.[Neal I1 b. inurd Inenvn. 100E 0.wi0tiw vl sit nlrl elP.1, v - SAUTERNES V LLC The Grtllb.n Norm PeonrlY -end .0.ndd )het pvr8m 11 an u,r I ear-P-I "' lollawinp Te, 5,1, per.rrp yelrbl ieau.nee the D-TION PORT ST EUCIE 5E0 11 BLK 69e devNlDae Public ,p.d, NOrth 1]r0 C.nll.nn h.. Bl.tl ..id T.. C,rlifnle Sri tlon el pronrry. .M N.me In wnidr n LOT ]i o Auto Dealer Directory IS o LI a) � SO A daily directory of the top auto dealers on the Treasure Coast. -� i a O' o JIM y au CARL'SFNUICK w QI � rc�iL � O►ONTIAC pMC I` Iksk C.M rWe TRYOARLS.COM y IS _ � Ter ALUM ssE reel Hwy.lB00s93tas a rsY N�Muu.Mn,nWeu N �OrYeu%r�M.rl,. 4c z LU a 1.wnC1W CIu.IM1m sCil s us 1 n open Tl.b.Y N 1=1I PWb. Iel lrw SM ttlar fi.h WlM IJODAeP1110 AIYtAt11m TIBNWe CMll %. nrwbur M ClWpetl Sall exuMecwnWrw 1 N US 1 .I. •3-8060 , tt PINn. n cooaN - .20AUfLiL intinNnew w.R.n wALuc{ SEEP sas sw2Eln"iis i�l Soso scan Ix 1 FL Dk CARL3 WICK it. %Noe Laoo-33sww ►ONTBAC OMC f eoo-usaoco Iwrinem Aann,lp TRY 4RU�do%1 ora epPI6, ulkuN.nl • r" M CARLS KUICK rW A AUN P._ A.OMC WaldE{ {UIIKI sm1 u.i HNwwyy L E{Nr alll .r ql% ni �wmw m r. riTnr131/ T"CARLy.CDAI saes fowh us mw.mpnnen m.m, IV" AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. `Yil-F DATE: May 5, 2009 REGULAR[] PUBLIC HEARING [XX] CONSENT [] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre SUBJECT: Walton Road Improvement Project - St. Lucie County Economic Stimulus Project BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION, RECOMMENDATION, Staff recommends that the Board adopt Resolution No. 09- 151. COMMISSION ACTION: CONCURRENCE: [x] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator wv Review and Approvals County Attorney, Management & Budget N Purchasing: Daniel 5. McIntyre ;on Originating Dept. Public Works Dir: County Eng.:� We t Mike Powley Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-0522 DATE: April 27, 2009 SUBJECT: Walton Road Improvement Project - St. Lucie County Economic Stimulus Project BACKGROUND: On April 21, 2009, the Board adopted Ordinance No. 09-008 establishing a local economic stimulus program. On April 28, 2009, the Board adopted Resolution No. 09-119 which provided for a list of local economic stimulus projects. The list includes the Walton Road Improvement project. Attached to this memorandum is a copy of draft Resolution No. 09-151 which, if adopted, would authorize the Walton Road Improvement project as a local economic stimulus project. The Resolution would also authorize the County Engineer to advertise for competitive sealed bids for the project. The project will create a minimum of 86 jobs. Notice of the public hearing was published in the St. Lucie News Tribune on April 29, 2009. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 09-151. Daniels. County A D5M/caf Attachment Ily subm RESOLUTION NO. 09-151 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FINDING THAT IT IS IN THE BEST INTEREST OF THE CITIZEN'S OF ST. LUCIE COUNTY, FLORIDA, TO ALLOW SEALED COMPETITIVE BIDDING ON WALTON ROAD IMPROVEMENT PROJECT AS A LOCAL ECONOMIC STIMULUS PROJECT IN ACCORDANCE WITH ORDINANCE NO. 09-008. WHEREAS, the St. Lucie County Board of County Commissioners has made the following determinations: 1. On April 21, 2009, the Board adopted Ordinance No. 09-008. The Board determined that a state of local economic emergency exists which necessitates a local economic stimulus program. 2. On April 28, 2009, the Board adopted Resolution No. 09-119, which provided for a list of local economic stimulus projects. The list includes the Walton Road Improvement project. 3. The estimated cost of the Walton Road project is $6.6 million and the estimated time to complete the project is 12 months. 4. The estimated number of jobs created by the Walton Road project is a minimum of 86 jobs. 5. Unless waived, the Contractor would be required to hire a minimum of 75% local laborers and subcontractors and purchase 75% of the materials from local vendors. 6. Based on the above, the Board has determined that the Walton Road project will provide a significant local economic stimulus. 7. The contract will be awarded through competitive sealed bidding from licensed, responsible contractors. 8. On May 5, 2009, the Board held a public hearing to consider whether to authorize for bids for Walton Road project as a local stimulus project, after publishing a notice of such hearing in the St. Lucie News Tribune on April 29, 2009. 5: \ATTY\RE50LTN\2009\09-151.wpd 40 9. It is in the best interests of the citizens of St. Lucie County, Florida, to award the Walton Road project to an appropriately licensed private sector contractor who fulfills the criteria as set forth in Ordinance No. 09-008. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: A. In accordance with the procedures established by and expressly set forth in Ordinance No. 09-008, the Walton Road project shall be advertised as a local economic stimulus project. The selected contractor shall comply with the criteria as set out in Ordinance No. 09-008. B. The County Engineer is authorized to advertise for competitive sealed bids for the project. C. This resolution shall be effective on the date of its adoption. After the motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this 5th day of May, 2009. ATTEST: Deputy Clerk 5: \ATTY \RESOLTN\2009 \09-151.wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO.�I I DATE: May 5, 2009 REGULAR [XX] PUBLIC HEARING [] CONSENT(] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman Bond Counsel SUBJECT: Resolution No. 09-144 - Authorization to Issue Bonds for North Lennard Road MSBU Improvements BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 09- 144 and authorize the Chair-fo sign the Resolution. COMMISSION ACTION: CONCURRENCE: [ APPROVED [ ] DENIED [ ] OTHER: Approved 4-1 (Comm. Grande voting No) Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Solid Waste Dir.: Originating Dept. 'Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 Bryant —Miller Olive MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA FROM: ROBERT O. FREEMAN ROBERT C. REID CAMILLE M. EVANS DATE: April 17, 2009 Attorneys at Law 111 Riverside Avenue Suite 200 Jacksonville, FL 32202 Tel 904. 384.1264 Fax 904.388.2986 RE: AUTHORIZATION TO ISSUE BONDS FOR NORTH LENNARD ROAD MSBU IMPROVEMENTS The attached resolution would authorize the County Administrator to execute a "Declaration of Official Intent" with respect to the County's planned borrowing of moneys to finance improvements within the North Lennard Road Municipal Services Benefit Units. The execution and filing of the Declaration is necessary for the County to be able to reimburse itself for project expenditures made prior to the closing of the financing for the projects. The regulations under the Internal Revenue Code of 1986, as amended, provide for the making of such declarations and further provide that the making of declarations in the absence of actual intent to borrow moneys can result in further declarations of the County being of no force and effect. Authorization to execute the Declaration is the first step in the process of advertising for bids for the projects and the borrowing of moneys to finance the projects, all as detailed in the attached timetable. Once approval to execute the Declaration has been granted, County staff can proceed to advertise for bids for project financing and take the steps necessary to borrow the required amounts to finance the projects. Atlanta - Jacksonville • Miami - Orlando • Tallahassee • Tampa - Washington, D.C. RESOLUTION NO.2009-JtLq A RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO PROCEED WITH THE ACQUISITION AND CONSTRUCTION OF ROAD IMPROVEMENTS, WATER IMPROVEMENTS AND SEWER IMPROVEMENTS WITHIN NORTH LENNARD ROAD MSBUS 1, 2 AND 3, RESPECTIVELY; AUTHORIZING DECLARATIONS OF OFFICIAL INTENT UNDER U.S. TREASURY REGULATIONS WITH RESPECT TO REIMBURSEMENTS FROM NOTE AND BOND PROCEEDS FOR SUCH PROJECTS, AUTHORIZING CERTAIN OFFICIALS OF THE COUNTY TO REQUEST CONSTRUCTION BIDS FOR EACH MSBU PROJECT AND TO TAKE SUCH OTHER APPROPRIATE ACTION NECESSARY TO SECURE SUCH BIDS; PROVIDING AN EFFECTIVE DATE Whereas, the Board finds it in the best interest of the County and its citizens to consider proceeding with the acquisition and construction of improvements within North Lennard Road MSBUs 1, 2 and 3, for road improvements, water improvements and sewer improvements, respectively (the "North Lennard Road Projects"); and Whereas, United States Treasury Regulations prescribe conditions under which proceeds of bonds, notes or other obligations used to reimburse advances made for certain expenditures for projects, such as the North Lennard Road Projects, paid before the issuance of such obligations, will be deemed to be expended (or properly allocated to expenditures) for purposes of Sections 103 and 141-150 of the Internal Revenue Code of 1986, so that upon such reimbursement the proceeds so used will not further be subject to requirements or restrictions under those sections of the Internal Revenue Code; and Whereas, those Regulations require that there be a Declaration of Official Intent not later than 60 days following payment of the expenditure expected to be reimbursed from proceeds of such obligations, and that the reimbursement occur within prescribed time periods after the expenditure is paid or after the property is placed in service; and Whereas, the Board wishes to take steps for compliance with those Regulations; Now, Therefore, be it resolved by the Board of County Commissioners of St. Lucie County, Florida (the "County") as follows: Section 1. Definitions. The following definitions apply to the terms used herein: { 25048/002/0034723 I . DOCv2 } r, "Authorized Officer" means the County Administrator or any person designated for the purpose by the County Administrator. "Bonds" means and includes bonds, notes, certificates and other obligations included in the meaning of "bonds" under Section 150 of the Internal Revenue Code of 1986. "Declaration of Official Intent" means a declaration of intent, in substantially the form attached hereto as Exhibit A, and in the manner and time contemplated in the Reimbursement Regulations, that the advances for expenditures referred to therein are reasonably expected to be reimbursed from the proceeds of Reimbursement Bonds to be issued after those expenditures are paid. "Reimbursement" or "reimburse" means the restoration to the County of money temporarily advanced from its other funds and spent for capital expenditures (and certain other types of expenditures qualifying under the Reimbursement Regulations, including any issuance costs for Reimbursement Bonds) before the issuance of the Reimbursement Bonds, evidenced in writing by an allocation on the books and records of the County that shows the use of the proceeds of the Reimbursement Bonds to restore the money advanced for the original expenditure. "Reimbursement" or "reimburse" generally does not include the refunding or retiring of Bonds previously issued and sold to, or borrowings from, unrelated entities. "Reimbursement Bonds" means Bonds the proceeds of which are to be used for reimbursement of such capital or other qualifying expenditures paid before issuance of the Bonds. "Reimbursement Regulations" means Treasury Regulations Section 1.150-2 and any amendments thereto or superseding regulations, whether in proposed, temporary or final form, as at the time applicable, prescribing conditions under which the proceeds of Reimbursement Bonds when allocated or applied to a reimbursement will be treated as expended for all or any purposes of Sections 103 and 141 to 150 of the Internal Revenue Code. Section 2. Expression of Intent to Proceed; Authorizing Requests for Construction Bids. The Board hereby expresses its intent to proceed with the construction of the acquisition and construction of each of the projects proposed by County staff for the (a) road improvements to North Lennard Roadl MSBU; (b) water improvements for North Lennard Road2 MSBU; and (c) sewer improvements for North Lennard Road3 MSBU (collectively, the "North Lennard Road Projects"). The County Administrator is hereby directed to proceed to prepare requests for construction bids for each of the North Lennard Road Projects, in form and content not inconsistent with each of such projects, and take such other action necessary or desirable to obtain such proposals for the North Lennard Road Projects [and to bring back recommendations to the Board, etc]. (25048/002/00347231. DOCv2 ) Section 3. Authorization and Requirement of Declarations of Official Intent. The Authorized Officer is authorized to prepare and sign Declarations of Official Intent with respect to the capital and other expenditures for the North Lennard Road Projects to which the Reimbursement Regulations apply (and including any costs of issuance of the Reimbursement Bonds) to be made from money temporarily available and which are reasonably expected to be reimbursed (in accordance with applicable authorizations, policies and practices) from the proceeds of Reimbursement Bonds, to make appropriate reimbursement and timely allocations from the proceeds of the Reimbursement Bonds to reimburse such prior expenditures, and to take any other actions as may be appropriate, all at the times and in the manner required under the Reimbursement Regulations to satisfy the requirements for the reimbursement to be treated as an expenditure of such proceeds for purposes of Sections 103 and 141 to 150 of the Internal Revenue Code of 1986. No advance from any fund or account or order for payment may be made for expenditures (other than expenditures excepted from such requirement under the Reimbursement Regulations) that are to be reimbursed subsequently from proceeds of Reimbursement Bonds unless a Declaration of Official Intent with respect thereto is made within the time required by the Reimbursement Regulations. Section 4. Open Meeting. The Board finds and determines that all formal actions of the Board concerning and relating to the adoption of this Resolution were taken in an open meeting of the Board and that all deliberations of the Board and of any committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 5. Severability of Invalid Provisions. If any one or more of the covenants, agreements or provisions of this Resolution should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements, or provisions of, and in no way affect the validity of, all the other provisions of this Resolution. (25048/002/00347231. D0Cv2 } Section 6. Repealing Clause. All resolutions of the Board, or parts thereof, in conflict with the provisions of this resolution are to the extent of such conflict hereby superseded and repealed. Passed and Adopted this day of and held. (SEAL) ATTEST: Clerk of the Circuit Court, Ex-officio Clerk of the Board 2009, at a regular meeting duly called ST. LUCIE COUNTY, FLORIDA Chair, Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney (25048/002/0034723 l . DOCv2 } EXHIBIT A DECLARATION OF OFFICIAL INTENT For Reimbursement of Expenditures from Bonds/Notes This is a Declaration of Official Intent under U.S. Treasury Regulations for purposes of Sections 103 and 141 to 150 of the Internal Revenue Code of 1986 (the Internal Revenue Code). The County declares that it reasonably expects that the expenditures described in 2. will be reimbursed with the proceeds of bonds (as defined in Section 150 of the Internal Revenue Code). The maximum principal amount of bonds expected to be issued for the project, property, program or purpose toward which the expenditures in 2. are being made is 2. Description of capital expenditures to be reimbursed. (Complete either A. or B. but do not use alternate B. unless the functional purpose of the fund or account is generally descriptive of the purpose of the expenditure.) -- A. Expenditures for (insert a general functional description of property, project, program or purpose): OR B. Expenditures initially made from and to be reimbursed to the fund or account entitled the general functional purpose of which fund or account is The undersigned has been authorized by the County to make and sign this Declaration on behalf of the County. Date of Declaration: ST. LUCIE COUNTY, FLORIDA By (Signature) (Type or print Name and Title) Caution: This Declaration of Official Intent will not be effective unless the notes, bonds or other obligations providing moneys for the reimbursement are issued and the reimbursement is made (by an allocation on the books and records identifying the expenditure as in 2 above) within the applicable period prescribed in the Treasury Regulations. {25048/002/00347231. DOCv2 ) ST. LUCIE COUNTY, FLORIDA SPECIAL ASSESSMENT BONDS, SERIES 2009 (LENNARD ROAD MSBU) TIMETABLE APRIL J 2009 RESPONSIBLE DATE ACTION PARTY Day 1 Board Approves Letting of Bids for Project Construction GB Day 20 Notice of Bids Advertised CS Day 40 Project Bids Opened and Awarded GB/CS Day 43 Initial Bond Resolution to County Attorney for Agenda Package BC Day 44 Distribute Draft #1 Assessment Methodology Report to Working CE Group Day 50 Board Considers Initial Bond Resolution GB Day 50 Distribute Draft #1 Series Resolution to Working Group BC Day 53 File Complaint for Validation of Bonds BC Day 53 Conference Call (_p.m., ET) to discuss Draft #1 Series ALL Resolution, and Draft #1 Assessment Methodology Report Day 58 Publish Notice No. 1 of Validation Hearing BC Day 58 Distribute Draft #2 Assessment Methodology Report to Working CE/BC Group Day 60 Distribute Assessment Resolution #1 to County MSBU BC Coordinator for Agenda Package Day 62 Deliver Description of legal boundaries of MSBU, Description of CE Improvements, Cost Estimate, Preliminary Assessment Roll to County Day 65 Publish Notice No. 2 of Validation Hearing BC Day 69 Consider Assessment Resolution No.1 GB {5000/99/00200756.DOCvl } ST. LUCIE COUNTY, FLORIDA SPECIAL ASSESSMENT AP, SERIES 2009 (LENNARD ROAD MSBU) TIMETABLE APRIL 16, 2009 Day 74 Publish Notice #1 and Mail Notice of Public Hearing on CS Assessment Roll Day 81 Publish Notice #2 of Public Hearing on Assessment Roll CS Day 90 Validation Hearing BC/CE Day 91 Distribute Assessment Resolution No. 2 to Working Group BC Day 94 Distribute Assessment Resolution No. 2 to Board for Agenda BC Package Day 101 Public Hearing on Assessment Roll; Board Considers GB Assessment Resolution No. 2 Day 101 Adopt Uniform Method Resolution GB Day 105 Send RFP's to Banks for Financing FA Day 120 Validation Appeal Period Ends Day 125 Receive Proposals from Banks FA/CS/BC Day 130 Distribute Draft Series Bond Resolution with Exhibits to WG BC Day 135 Conference Call/Meeting to Discuss Revised Documents All Day 140 Distribute Series Bond Resolution and Exhibits to County for BC Board Agenda Day •140 Distribute Draft Closing Documents BC Day 147 Board Considers Series Bond Resolution GB Day 149 Sign Closing Documents ALL Day 150 Close ALL (5000/99/00200756.DOCv I) 2 ST. LUCIE COUNTY, FLORIDA SPECIAL ASSESSMENT AP, SERIES 2009 (LENNARD ROAD MSBU) TIMETABLE APRIL 16, 2009 GB: Board of County Commissioners CS: County Staff FA: Financial Advisor ALL: Finance Working Group (excluding Board) BC: Bond Counsel/Disclosure Counsel CE: Consulting Engineer {5000/99/00200756.DOCvI } 0 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. IX DATE: May 5, 2009 REGULAR [XX] PUBLIC HEARING [] CONSENT[] PRESENTED BY: Daniel S. McIntyre SUBJECT: Voluntary Mining Extraction Fee Agreement - Florida Resources, LLC (Ft. Pierce South Mine) BACKGROUND: See attached memorandum FUNDS AVAILABLE, PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Agreement and authorize the Chair to sign the Agreement. COMMISSION ACTION: CONCURRENCE: [>4 APPROVED [ ] DENIED L ] OTHER: _ Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Asst. Co. Adm. Purchasing: Daniel S. McIntyre L A Originating Dept. Env. Resources Dir: County Eng.: Karen L. Smith Michael V. Powley Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-0515 DATE: April 24, 2009 SUBJECT: Voluntary Mining Extraction Fee Agreement - Florida Resources, LLC (Ft. Pierce South Mine) BACKGROUND: On May 5, 2009, the Board will consider an application filed by Florida Resources, LLC for an amendment to a mining permit filed by Florida Resources, LLC to allow for mining of an additional 75 acres. As part of the application, the Applicant has voluntarily agreed to pay a mining extraction fee which can be used for environmental enhancement and conservation programs deemed appropriate by the Board. Attached to this memorandum is a copy of a draft Agreement between Florida Resources, LLC (Stewart Mining) and St. Lucie County. As proposed, the miner would pay a voluntary extraction fee of $.05 per ton of all mined material extracted and sold from the site, including the original site and the expansion area. The miner will guarantee that the funding will provide the County with a minimum of $150,000 within five years from the commencement date. It is estimated that the fee will generate approximately $250,000 over the life of the mining operations. The fees are being proposed in lieu of funds that would have been used by the miner for upland buffer and the perpetual maintenance and management plan for the upland buffer and lake (Conservation Easement). :T-n &Ad RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Agreement and authorize the Chair to sign the Agreement. Respect ully Daniel S. McInty County Attorney DSM/caf Attachment AGREEMENT BETWEEN FLORIDA RESOURCES, LLC (STEWART MINING) AND ST. LUCIE COUNTY REGARDING MINING EXTRACTION FEE WHEREAS, Florida Resources, LLC (FRL) obtained an approval from St. Lucie County (SLC) for a conditional use permit for mining and quarrying of non-metallic materials in the AG-1 zoning district (Ft. Pierce South Mine) on f 240.97 acres of property described in Exhibit "A:, attached hereto, on April 191h, 2005, Resolution 05- 135; and WHEREAS, FRL commenced the mining operation in two phases pursuant to a Mining Permit issued on April 19, 2005, see, Exhibit "B"; and WHEREAS, FRL has now applied for an amendment to the mining permit to allow for an additional f 70.88 acres within the 77.29 acre expansion area (Phase I Expansion) and four (4) acres within Phase II, for a total of 74.88 acres of additional area to be mined (Expansion Area); and WHEREAS, the property upon which the Conditional Use is approved is zoned for agriculture and will continue in active agriculture as each new area is mined and will continue to be used for cattle ranching and other agricultural purposes after the mine is reclaimed; and WHEREAS, it would be a better and more efficient use of resources to utilize the funds that would be otherwise used for conservation purposes described above on other County projects that will not be subject to constant degradation due to agricultural pressure on the mining property; and WHEREAS, the applicant has voluntarily agreed to pay to SLC an Extraction Fee (defined below) which can be used for environmental enhancement and conservation programs deemed appropriate by SLC Commission; and WHEREAS, a portion of the Extraction Fee shall be considered "in lieu" of the requirements for upland buffering, perpetual maintenance and management plans, conservation easements, and potential application of the Greenways and Trails Master Plan to the property described in Exhibit "A". IT IS agreed between St. Lucie County and Florida Resources, LLC as follows: The foregoing recitals are true and correct and are incorporated herein. Voluntary Natural Resource Extraction Fee I. After the date of commencement, applicant, successors and assigns shall pay to St. Lucie County on the 151h day of February and the 15`h day of August of each year a Natural Resource Extraction Fee for this mining operation. The extraction fee shall be $.05 per ton of mined material extracted and sold from the site. The tonnage will be calculated at the end of December and June each year. Tonnage will be calculated based upon actual sales of material extracted and sold from the site as shown on the mine's scale records. Scale records will be made available to the County for audit upon request. The tonnage for the previous six months will be provided to SLC by January 31 and July 31 of each year, and the payment of $.05 per ton made by FRL by February 15 and August 15 (Semi -Annual Payment). The funds will be used by SLC for environmental enhancement and conservation activities including, but not limited to: Purchase of land; restoration of land to a more natural state; and, enhancement of the flora, fauna of already preserved natural areas, and such other uses as determined by SLC. The Voluntary Natural Resources Extraction Fee shall escalate at the rate of three (3%) percent per year. The Natural Resource Extraction Fee is expected to generate approximately $40,000 the first year and approximately $250,000 over the life of the mining operation. II. Commencement The extraction fee will be applied to all mined material extracted and sold from the site commencing June 1, 2009. The site, for purposes of this agreement shall be that portion of FRL's Ft. Pierce South Mine, including the approval of April 19, 2005, Resolution 05-135, and the Expansion Area that remains to be mined on the Commencement Date. III. Initial Payment FRL shall pay to SLC on the Commencement Date the sum of $50,000 (Fifty Thousand Dollars) (Initial Payment). FRL shall be entitled to a credit against the Semi -Annual Payment in Paragraph I for the full $50,000 payment. IV. Guaranteed Payment/Surety FRL guarantees that the Extraction Fee will provide funding to SLC a minimum of $150,000 within five years from the Commencement Date. If the initial payment of $50,000, plus the total of all Semi -Annual Payments, do not equal or exceed $150,000 five years from the Commencement Date, FRL shall pay to SLC the difference in cash. The difference paid in cash shall be a credit against further Semi -Annual Payments until exhausted. FRI, shall post surety or a Letter of Credit satisfactory to SLC on the Commencement Date in the amount of $100,000 to guarantee the five year commitment. This surety may be reduced by the amount of cumulative Semi - Annual Payment amounts. V. The county will accept these fees in lieu of funds that would have been used by applicant for the: A. upland buffer around the reclaimed lake; B. the Perpetual Maintenance and Management Plan for the upland buffer and reclaimed lake (Conservation Easement); C. the potential application of the Greenways and Trails Master Plan during the duration of this permit. VI. The estimated cost of A., B., and C. is $150,000. VII. The amount of extraction fee paid by the applicant above the cost of A. and B. in paragraph V shall be considered a voluntary contribution by the applicant to aid SLC in the ongoing environmental enhancement projects of the County. VIII. Any future requests for changes of use on this property (change from agricultural use or mining use) will have to comply with all applicable rules and regulations in effect at that time for the use applied for. IX This agreement incorporates the entire agreement of the parties on the matters addressed and may only be modified in writing signed by the parties. X. Enforcement The County may enforce the payment obligations set forth in this agreement by filing an action in the Circuit Court of St. Lucie County, Florida, when such payments have become sixty (60) days past due. FLORIDA RESOURCES, LLC ST. LUCIE COUNTY , Chairman Board of County Commissioners ATTEST: By: Clerk Approved as to Form: By: Dan McIntyre County Attorney k` E} - NTT t: AGENDA REQUEST TO: Erosion District SUBMITTED BY: Public Works Administration SUBJECT: Artificial reef construction grant application ITEM NO. *A DATE: May 5, 2009 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Donald B. West, P.E. � Public Works Directo� BACKGROUND: See attached memo. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of an artificial reef construction grant application to the NOAA Coastal and Marine Habitat Restoration Program. COMMISSION ACTION: CONCURRENCE: (>4 APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures j County (X) OMB Director (X) Attorney Budget Analyst F, Public Works. (X) z Don Id B. West Erosion District ( Marie Gouin Tawonna Johnson Richard A. Bouchard Public Works Department MEMORANDUM TO: Erosion District THROUGH: Donald B. West, P.E. Pyblic Works Director," - FROM: James B. Oppenboen; M, Marine Resource Coordinator Public Works/Er6s on District DATE: May 5, 2009 SUBJECT: Artificial reef construction grant application ITEM NO. I -A Background: The National Oceanographic and Atmospheric Administration (NOAA) Coastal and Marine Habitat Restoration Grant is part of the Federal economic stimulus program. This grant supports the deployment of artificial reefs for the management of fisheries and the creation of recreational opportunities. The St. Lucie County Artificial Reef Program is asking for retroactive approval to apply for $1,627,520 in Federal funding to use artificial reefs in integrated coastal management including. • A one acre oyster reef restoration • A 21-acre fisheries migratory corridor • A 229-acre passive fisheries reserve • Assisting the South Atlantic Fisheries Management Council with the restoration of 120 pinnacles on the Oculina Banks • Seven new 500-ton recreational artificial reefs • Educational displays to be developed in conjunction with the Indian River State College and the Smithsonian Marine Station Last year St. Lucie County's Artificial Reef Program deployed four new artificial reefs with the assistance of a $60,000 FWC artificial reef grant and Erosion District funding. This summer the St. Lucie County Artificial Reef Program will deploy an additional three reefs with the assistance of a $33,990 supplemental FWC artificial reef grant, a $10,000 FishAmerica Foundation grant, and $143,975 in Erosion District funds. The St. Lucie County Artificial Reef Program has also applied for $60,000 in FWC funding for the 2009-2010 fiscal year to be matched with $21,275 in Erosion District funds. This funding will be used to deploy an additional four recreational artificial reefs and will be used for part of the $143,975 non -Federal match. Although no dollar match is required, the Erosion District will use the seven planned recreational artificial reefs as a partial match for the habitat enhancement reefs created with Federal funding. Recommendation Board approval of an artificial reef construction grant application to the NOAA Coastal and Marine Habitat Restoration Program. A TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE AGENDA REQUEST Erosion District Public Works Administration Barge donation and deployment See attached memo. ITEM NO. kB DATE: May 5, 2009 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Donald B. West, P.E. Public Works Directo 184-3710-563000-39003 Erosion District -Artificial Reefs -Infrastructure PREVIOUS ACTION: N/A RECOMMENDATION: Board acceptance of the donation of a barge by Dredge and Marine Construction, LLC., approval of the barge donation contract, and approval of an $8,000 work authorization to McCulley Marine Services, Inc. for the towing, preparation, and deployment of the barge. COMMISSION ACTION: (�4 APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney (X) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Daniel S. McIntyre,,' (X) -'� Marie GouM/ Tawonna Johnson Public Works. (X) 4 NN) - Erosion District (X) Do Id B. West Richard A. Bouchard Public Works Department r, TO: Board of County Commissioners THROUGH: Donald B. West, P.E., Public Works Director Vk - FROM: James B. Oppenborn, M.87, Marine Resource Coordinator Public Works/Erosion District DATE: May 5, 2005 SUBJECT: Barge donation and deployment I-B ITEM NO. Background: Dredge and Marine Construction, LLC is offering Artificial Reef Program. The barge will be cleaner to the County's North Hutchinson Island artificial Concrete and steel safes delivered by Food Lion, the structure. After the barge rests on the bottom, done according to the attached deployment plan. o donate a 65-foot by 26-foot barge to the County's according to U.S. Coast Guard specifications, towed eef site and sunk by McCulley Marine Services, Inc. Inc. will be welded to the barge to add complexity to ownership will change to the County. All work will be The barge is likely to flip over upon deployment, creating a ledge for fish and invertebrates to use. A similar ledge reef was created by Palm Beach County using concrete materials in the 1990s. This ledge reef created habitat for fishes and invertebrates but required expensive crane placement. Attached is the contract for acceptance of the barge donation prepared by the St. Lucie County Attorney's Office. Recommendation: Board acceptance of the donation of a barge by Dredge and Marine Construction, LLC, approval of the barge donation contract, and approval of an $8,000 work authorization to McCulley Marine Services, Inc. for the towing, preparation, and deployment of the barge. ARTIFICIAL REEF DONATION AGREEMENT THIS AGREEMENT is made this day of , 2009, between ST. LUCIE COUNTY EROSION DISTRICT, a dependent taxing district of the State of Florida ("District"), whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982, and DREDGE AND MARINE CONSTRUCTION, INC., a Florida corporation ("Donor"), whose address is P.O. Box 1138, Port Salerno, FL 34992. WITNESSETH: WHEREAS, the District has an Artificial Reef Program that creates new reef systems that enhance the marine ecosystem and recreational fishing and diving in the coastal waters adjacent to St. Lucie County; and, WHEREAS, the District recognizes the importance of an enhanced marine environment to the economy and quality of life for St. Lucie residents; and, WHEREAS, the Artificial Reef Program maintains the permitted North County Nearshore artificial reef site, and, WHEREAS, the Donor desires to donate a 65' x 24'x 5' barge suitable for use as an artificial reef; and, WHEREAS, a mutually agreeable site has been designated. NOW, THEREFORE, in consideration of the mutual covenants contained in this agreement, the District and The Donor agree as follows: 1. The Donor is the registered owner of a 65' x 24' barge, known as "DMC Barge." 2. The Donor agrees to obtain all inspections and permits from all applicable state or federal agencies including but not limited to the United States Coast Guard, U.S. Army Corps of Engineers, and Florida Department of Environmental Protection and to comply with all applicable state and federal rules and regulations, including cleaning and otherwise readying the barge for deployment and sinking at the District's North County Nearshore artificial reef site. 3. The District will provide for transport and deployment of the barge. 9 \arty\agreemnt\reef ds wpd -1- 4. Upon deployment of the barge in a stable position in the permitted location, the Donor agrees to convey such vessel to the District utilizing the Bill of Sale attached hereto as Exhibit "A." 5. The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 6. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non- binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 7. Any disputes relating to a question of fact arising under this Agreement shall be resolved through good faith efforts upon the part of the Donor and the District or its representative. At all times, the Donor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Agreement and the determination of the District or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the District or its representatives who shall reduce the decision to writing. 8. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. ATTEST: g:\atty\agreemnt\reef.ds.wpd -2 ST. LUCIE COUNTY EROSION DISTRICT BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney DREDGE AND MARINE CONSTRUCTION, INC. (Se al) g:\atty\agreemnt\reefdswpd -3-