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Home My WebLink AboutAgenda Packet 09-15-2009ii tiliii iiiiijiliiiiiiiiiilliiiiilt September 15, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 09/11109 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[jQ[ 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. September 15, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org tl ,, . tiiti �ii�#i{ii [li ilNitli liil iittiilfi "" iif iti li#Hfl ii�i itlili it# iitt iim 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 INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September 8, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 09-250 — designating September 19, 2009 as POW/MIA Recognition Day in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-250 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 50 B. COUNTY ATTORNEY Special Warranty Deed — YMCA — Parcel I.D. Nos. 2416-504-0108-000-7 and 2416-504- 0107-000-0 — Resolution No. 09-270 Consider staff recommendation to approve to accept the Special Warranty Deed, authorize the Chair to sign Resolution No. 09-270 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 2. Ordinance No. 09-027 - Amending 1-15-25, St. Lucie County Code of Ordinances and Complied Laws, to Permit Dogs on Wild Cat Cove Consider staff recommendation to approve permission to advertise proposed Ordinance No. 09-027 for public hearing on October 6, 2009, at 6:00 p.m. or as soon thereafter as may be heard. B. COUNTY ATTORNEY CONTINUED 3. Resolution No. 09-269 - Supporting the Expansion of PBI Airspace to Include Fort Pierce (FPR) Consider staff recommendation to adopt Resolution No. 09-269 and authorize the Chairman to sign the Resolution. 4. Ordinance No. 09-028 (Airport Commerce Park Leasing Standards and Procedures) — Permission to Advertise Consider staff recommendation to approve requests permission to advertise proposed Ordinance No. 09-028 for public hearing on October 6, 2009, at 6:00 p.m. or as soon thereafter as may be heard. 5. Donation of Right -of -Way — TSOP,LLC — 13 feet on Midway Road — Resolution No. 09- 267 Consider staff recommendation to approve to accept the Special Warranty Deed, authorize the Chair to sign Resolution No. 09-267 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 6. Resolution No. 09-280 — Opposing Offshore Drilling in Florida Consider staff recommendation to adopt Resolution No. 09-280 opposing offshore drilling Florida as drafted. 7. ADDITION TO AGENDA - St.`Lucie County Intermodal Transfer Facility - Agreement with Edlund, Dritenbas, Binkley Architects and Associates, P.A. Consider staff recommendation to approve the Agreement with Edlund, Dritenbas, Binkley; Architects and Associates, P.A., and authorize the Chair to sign the Agreement. C. AIRPORT LPA Work Authorization No. 23, Second Year of 150 Acre Mitigation Area Maintenance and Gopher Tortoise Monitoring for New Runway Project Consider staff recommendation to approve of LPA Group Work Authorization No. 23 to provide consultant services for the second year of the 150 acre mitigation area maintenance and gopher tortoise monitoring for a lump sum amount of $144,131 and authorization for the Chair to sign the document as approved by the County Attorney. D. PUBLIC WORKS 1. Seven -Eleven, Inc. Consider staff recommendation to approve the agreement to pay a fee -in -lieu -of for constructing a concrete sidewalk with Seven -Eleven, Inc. in the amount of $775.50 and authorization for the Chair to sign documents as approved by the County Attorney. D. PUBLIC WORKS CONTINUED 2. White Way Dairy Road Culvert Improvement Project Consider staff recommendation to approve authorization to reject quotes for White Way Dairy Road Culvert Improvement Project, approve the Second Amendment to Work Authorization No. 7 (C07-07-387) for roadway design services with Miller Legg in the amount of $39,400, and authorization for the Chair to sign documents as approved by the County Attorney. Paradise Park Subdivision Stormwater Improvements Phase 3 Consider staff recommendation to approve of the Third Amendment to Work Authorization No. 2 (C06-04-237) with Creech Engineers, Inc. in the amount of $6,600 for a total cost of $304,920 and authorization for the Chair to sign documents as approved by the County Attorney. E. INVESTMENT FOR THE FUTURE Reallocation of funds Consider staff recommendation to approve to reallocate FY08/09 IFF funds in the amount of $81,500 to move forward with roof repair projects, painting, a/c repairs, demolition and renovation projects. Award of Bid 09-064, State Attorney's office air condition project Consider staff recommendation to approve to award Bid No. 09-064 to S&S Air Conditioning, bid amount of $412,417, reallocate FY 08/09 Investment for the Future funds in the amount of $70,677 and authorize the Chair to sign documents as approved by the County Attorney. 3. Demolition of storage building at 411 N. 7t" Street Consider staff recommendation to approve to remove the storage building at 411 N. 7"1 Street from capital assets, and complete demolition and removal of the building. F. CENTRAL SERVICES Spot cooler for Rock Road Jail Consider staff recommendation to approve of Budget Amendment No. 09-043 and Equipment Request No. 09-049 to purchase a spot cooler in the amount of $3,346.75 for Rock Road Jail. G. HUMAN RESOURCES Prison Health Services Inmate Health Care for FY 08-09 Third Quarter Invoice Consider staff recommendation to approve authorization for payment of Prison Health Services invoice number PHS0006248 for the Third Quarter period of April 1, 2009 to June 30, 2009, in the amount of $269,871.05 H. UTILITIES Approval of Amendment No. 2 to Work Authorization No. 22 for Camp Dresser & McKee to increase the lump sum amount from $61,700 to an amount not to exceed $79,830 for finalization of the rate study. Consider staff recommendation to approve of Amendment No. 2 to Work Authorization No. 22 for Camp Dresser & McKee to increase the lump sum amount from $61,700 to an amount not to exceed $79,830 for finalization of the rate study. Approval of the asset transfer of the Vactron Sewer Cleaning System (PR#700369) from the Utilities Department to the Solid Waste Department and accepting $2,200 from such into Utilities FY 2008/2009 budget. Also, request approval of Budget Amendment #09- 044 and Equipment Request #09-051. Consider staff recommendation to approve of the asset transfer of the Vactron Sewer Cleaning System (PR#700369) from the Utilities Department to the Solid Waste Department and accepting $2,200 from such into Utilities FY 2008/2009 budget. Also, approve Budget Amendment #09-044 and Equipment Request #09-051. Approval to purchase a storage/office shed for the Holiday Pines Wastewater Treatment Plant in the amount of $3,640 and approval of equipment request EQ09-050. Consider staff recommendation to approve to purchase a storage/office shed for the Holiday Pines Wastewater Treatment Plant in the amount of $3,640 and approval of equipment request EQ09-050. GRANTS South Florida Water Management District St. Lucie River Issues Team Program -Grant Application Consider staff recommendation to approve authorization to submit a grant application to the South Florida Water Management District St. Lucie River Issues Team Program requesting funds of $25,000 for the North Fork Water Quality Monitoring Project. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 09-025 — Amending Section 11.05.11(A) (2) of the Land Development Code — Requirement for Permit; Exemptions No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, October 6, 2009 at 6:00 p.m. or as soon thereafter as may be heard. B. GROWTH MANAGEMENT Petition of St. Lucie Self Storage, LLC for St. Lucie Business Park Storage Preliminary/Final PNRD (Planned Non — Residential Development) Site Plan. Board adoption of Resolution No. 09-008 granting St. Lucie Business Park Storage Preliminary/Final PNRD. C. GROWTH MANAGEMENT Resolution No. 09-066, Preliminary Planned Unit Development for the Shinn Road Equestrian Estates project. (File No.: PUD 06-002) Consider staff recommendation to approve continuance of the Preliminary Planned Unit Development for Shinn Road Equestrian Estates to a date certain (T13D). REGULAR AGENDA Vill. COUNTY ATTORNEY Conveyance of Three (3) Foot Strip of Land to City of Fort Pierce - Jetty Park Consider staff recommendation to adopt Resolution No. 09-271. IX. UTILITIES Approval of Resolution No. 09-098 adopting the St. Lucie County Water & Wastewater Master Plan Update. Consider staff recommendation to approve of Resolution No. 09-098 adopting the St. Lucie County Utilities Water & Wastewater Master Plan. X. ANNOUNCEMENTS The Board of County Commissioner will hold the September Informal Monthly Meeting on Tuesday, September 22, 2009 at 1:30 p.m. in Conference Room #3. 2. The Board of County Commissioners will hold the Final Budget Public Hearing on Tuesday, September 22, 2009 at 6:00 p.m. 3. The Board of County Commissioners will hold a Budget Workshop on Tuesday, September 29, 2009 at 1:30 p.m. in Conference Room #3 4. St. Lucie County Board of County Commissioners FPL Energy Secure Line — Natural Gas Pipeline Local Government Informational Meeting will be held on Wednesday, September 30, 2009 at 6:00 p.m. in the St. Lucie County Commission Chambers located at 2300 Virginia Avenue, Fort Pierce, Florida. 5. The St. Lucie County Master Gardener 26th Annual Plant Sale will be on Saturday, October 10, 2009 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension 8400 Picos Road, Fort Pierce. For more information please call 772-462-1660 6. There will be a Joint meeting with the City of Fort Pierce, Fort Pierce Utilities Authority, City of Port St. Lucie and the Board of County Commissioners on Friday, October 16, 2009 at 2:00 p.m. in the St. Lucie County Commission Chambers. 7. The Board of County Commissioner will hold the October Informal Monthly Meeting on Tuesday, October 27, 2009 at 1:30 p.m. in Conference Room #3. 8. The Board of County Commissioners will hold a Workshop with Fort Pierce Farms on Monday, November 2, 2009 at 2:00 p.m. in Conference Room #3 9. The Board of County Commissioners will hold a Joint Workshop with the South Florida Water Management District on Monday, November 9, 2009 at 1:30 p.m. in Conference Room #3. 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 swom 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 COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 8, 2009 Convened: 9:00 a.m. Adjourned:11:30 a.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward, Chris Dzadovsky, Chris Craft Others Present: Faye Outlaw, County Administrator, Christopher Steers, Asst. County Administrator, Heather Young, Asst. County Attorney, Don West, Public Works Director, Beth Ryder, Community Services Director, Lauri Case, Utilities Director, Marie Gouin, OMB/Purchasing Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Mark Satterlee, Growth Management Director, Leo Cordeiro, Solid Waste Director, Millie Delgado -Feliciano, Deputy Clerk INVOCATION PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September 1, 2009 meeting. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve the minutes of the meeting held September 1, 2009, and; upon roll call, motion carved unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 09-249 — designating September 17, 2009 as Citizenship Day and the week of September 17 through September 23 as Constitution Week in St. Lucie County Florida. Consider staff recommendation to adopt Resolution No. 09-249 as drafted. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 09-249, and; upon roll call, motion carried unanimously. B. COUNTY ATTORNEY Resolution No. 09-254 proclaiming September 6, 2009 through September 11, 2009 as St. Lucie County Public Safety Memorial Week in St. Lucie County, Florida. Consider staff recommendation to adopt the attached Resolution No. 09-254 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve Resolution No. 09-254, and; upon roll call, motion carried unanimously. C. COUNTY ATTORNEY Resolution No. 09-257 — Proclaiming the month of September 2009 as "Sickle Cell Awareness Month" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 09-257 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 09-257, and; upon roll call, motion carried unanimously. D. Mr. & Mrs. Villanova presented the BOCC with a $500 check on behalf of their daughter Vanessa. Vanessa was chosen by Ford to participate in the Fiesta Movement program. V. GENERAL PUBLIC COMMENT Mr. Paul Scholl, area resident, addressed the Board regarding the August 20, 2009 Planning and Zoning —1— meeting where the impact fee issue was addressed. He believed the issue was taken "hostage" by personal interest and questioned why the P & Z did not take action after such a lengthy discussion. He also addressed the cameras being placed above the traffic signals in Ft. Pierce and stated his opposition to these cameras. He believed the county should have had some input on the matter. Mr. Craig Mundt, member of the Planning and Zoning Board addressed Mr. Scholl's concerns and stated the Board at the end of the discussion voted to send the issue to the Board of County Commissioners for their review and comments. Mr. Robert Cutaunt, area resident, addressed the Board regarding the cameras above the traffic signals and stated he felt this was being used as a "cash cow". He believes there has not been enough time delay set on the caution lights and believes this is a money maker and not a safety issue. Mr. Paul Scholl, area resident addressed Mr. Mundt's comments regarding the P & Z voting to send the impact fee study to the Board for their review. The Growth Management Director advised the Board and Mr. Scholl the P & Z Board had in fact moved to send it to the BOCC for their analysis and review. VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. 'Sooard, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 49 The Board approved Warrant List No. 49. B. COUNTY ATTORNEY Treasure Coast Sports Commission, Inc. — Fourth Amendment to February 13, 2001 Facilities Use Agreement for Office Space at Tradition Field The Board approved the proposed Fourth Amendment to the February 13, 2001 Facilities Use Agreement with Treasure Coast Sports Commission, Inc., and authorized the Chair to sign the amendment. 2. Authorization to enter into an Impact Fee Payment Agreement with Magmar Development for delinquent Impact Fees pursuant to Resolution No. 09-114. The Board approved the attached Impact Fee Payment Agreement with Magmar Development and authorized the Chairman to sign the Agreement as drafted by the County Attorney's Office. 3. St. Lucie County Humane Society, Inc. — Fourth Amendment to October 1, 2006 Agreement for Animal Impoundment Services The Board approved the proposed Fourth Amendment to the October 1, 2006 Agreement with the St. Lucie County Humane Society, Inc., and authorized the Chair to sign the amendment. 4. Donation of Right -of -Way — Madison Vines, LLC — Madison Vines Apartments — 35 feet on Oleander Avenue and 15 feet on Tumblin Kling Road — Resolution No. 09-137. The Board accepted the Right -of -Way Dedication Deeds, authorized the Chair to sign Resolution No. 09-137 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 5. Resolution No. 09-262 amending Resolution No. 09-128 to correct a scrivener's error The Board approved Resolution No. 09-262 amending Resolution No. 09-128 to correct a scrivener's error, authorized the Chair to sign Resolution No. 09-262 and directed staff to record the Resolution in the Public Records of St. Lucie County, Florida. —2— Approve the purchase of one (1) laptop computer (already purchased) and one (1) computer scanner for the pretrial program. The computer is being used to track defendants on G.P.S., along with utilizing day to day criminal justice computer programs. The computer scanner will be used to assist the criminal justice programs in developing a paperless process. This will also help with the storage of mass amounts of court documents. The Board approved the purchase of one (1) laptop computer and one (1) computer scanner from the pretrial programs budget. These purchases will assist the criminal justice programs by using technology for document storage and tracking criminal defendants. The Board approved Budget Amendment (09-042), and the attached Equipment Request (EQ 09-046) (EQ 09-047) 7. Intermodal Transit Facility — Revised Interlocal Agreement with Fort Pierce Redevelopment Agency The Board approved the revised Interlocal Agreement with the Fort Pierce Redevelopment Agency for the Intermodal Transit Facility, and authorized the Chair to sign the Interlocal Agreement. C. ENVIRONMENTAL RESOURCES 1. Resolution No. 09-207, St. Lucie County'Greenprint' and Mission Statement The Board approved Resolution No. 09-207 and the St. Lucie County 'Greenprint' per attachments A and B, and authorized the Chair to sign documents as approved by the County Attorney. Cancel Contract with Just Cause Media The Board approved to cancel contract #C09-05-171 with Just Cause Media. Landscaping Improvement Agreement with China Hart, Inc. for the Frito Lay Distribution Center. The Board approved the Landscaping Improvement Agreement with China Hart, Inc. for the Frito Lay Distribution Center. D. PARKS AND RECREATION Budget Resolution 09-256, Children's Services Council Summer Camp Grant Funds The Board approved Budget Resolution 09-256, allocating $16,593 in summer camp grant funds from the Children's Services Council of St. Lucie County as outlined in the agenda memorandum and authorized the Chair to sign documents as approved by the County Attorney. Tradition Field Ice Machine The Board approved Budget Amendment 09-040 and Equipment Request 09-045 for the purchase of an ice machine for Tradition Field as outlined in the agenda memorandum. E. AIRPORT Federal Aviation Administration (FAA) grant offer and Budget Resolution No. 09-255, Runway Rehabilitation and Security Fencing The Board approved the acceptance of the FAA Grant Offer (Project Number 3-12-0023- 031-2009) in the amount of $2,113,078 for the Runway 10R/28L Runway Rehabilitation and Security Fencing projects, approved Budget Resolution No. 09-255, and authorized the Chair to sign documents as approved by the County Attorney. 2. Resolution No. 09-258, Florida Department of Transportation (FDOT) Joint Participation Agreement, Runway Rehabilitation The Board approved Resolution No. 09-258 accepting the FDOT Joint Participation Agreement in the amount of $89,648 for the Runway Rehabilitation project, and authorized the Chair to sign documents as approved by the County Attorney. —3— E. AIRPORT CONTINUED 3. Resolution No. 09-259, Florida Department Transportation (FDOT) Joint Participation Agreement, Security Fencing The Board approved Resolution No. 09-259 accepting the FDOT Joint Participation Agreement in the amount of $2,640 for the Security Fencing project, and authorized the Chair to sign the document as approved by the County Attorney. F. ADMINISTRATION Value Adjustment Board Budget Amendment for Professional Services The Board approved Budget Amendment 09-041 transferring $30,000 from Contingency (001- 9910-599100-800) to Value Adjustment Board Professional Services (001-1325-531000-100). G. CENTRAL SERVICES Contract for elevator repair and maintenance services for County facilities The Board approved entering into contract with General Elevator Sales & Service for elevator repair and maintenance services for County facilities in the combined annual contract amount of $30,132, and authorized the Chair to sign the documents as approved by the County Attorney. H. COMMUNITY SERVICES Resolution 09-243 supporting the elimination of the cap on State and Local Housing Trust Funds The Board approved Resolution 09-243, and authorized the Chair to sign the resolution as approved by the County Attorney. 2. Federal Transit Administration (FTA) 5307 American Recovery and Reinvestment Act (ARRA) 2009 Grant. The Board approved acceptance of FTA 5307 ARRA grant, FL 96-X025 in the amount of $1,957,183 and Budget Resolution 09-264; authorized the Chair to sign documents as approved by the County Attorney. 3. Federal Transit Administration (FTA) 5316 Job Access Reverse Commute (JARC) Grant The Board approved acceptance of the FTA 5316 FL 37-X041 and Budget Resolution 09- 265; approved the agreement with the ARC of St. Lucie County, Inc.; authorized the Chair to sign documents as approved by the County Attorney. 4. Federal Transit Administration (FTA) 5317 New Freedom The Board approved acceptance of FTA 5317, New Freedom FL 57-X016-02 and Budget Resolution 09-266; agreement with the Council on Aging of St. Lucie County Inc; and authorized the Chair to sign documents as approved by the County Attorney. H. COMMUNITY SERVICES CONTINUED Approval of Regional Transit Development Plan (RTDP) The Board approved the ten year RTDP 2009/10-2018/19. Community Services Block Grant Equipment Request EQ09-048 —4— The Board approved Equipment Request EQ09-048 and authorized the Chair to sign documents as approved by the County Attorney. GROWTH MANAGEMENT Road Impact Fee Credit Agreement 09-003 — Madison Vines, LLC The Board approved Road Impact Fee Credit Agreement 09-003 and authorized the Chair to sign the Agreement as outlined in the agenda memorandum. TRANSPORTATION PLANNING ORGANIZATION Budget Amendment 09-037; Equipment Request 09-044 for computer station The Board approved budget amendment 09-037 and equipment request 09-044 to purchase computer station. K. SOLID WASTE Board approval of Contract with CPL Systems, Inc. to perform operations and maintenance services on the landfill gas processing equipment for a monthly fixed fee of $7,200. All cost incurred under this Contract will be shared 50/50 as outlined in the existing contract between St. Lucie County and Tropicana. The Board approved the Contract with CPL Systems, Inc. for a monthly fixed fee of $7,200 and authorized the Chair to sign the Contract as approved by the County Attorney. L. MANAGEMENT AND BUDGET Bid No. 09-0159, Pre -Qualification of Fencing Contractors The Board approved awarding Bid No. 09-059, Pre -Qualification of Fencing Contractors, to A Great Fence, LLC of Port St. Lucie, Adron Fence Company of Okeechobee, Reel Fence, Incorporated of Hobe Sound. Stuart Fence Company, Incorporated of Stuart, and Tropic Fence Incorporated of Pompano Beach and authorized the Chair to sign documents as approved by the County Attorney. 2. Bid No. 09-054, Street Resurfacing The Board approved awarding Bid No. 09-054, Street Resurfacing, to Dickerson Florida, Incorporated of Fort Pierce and authorized the Chair to sign documents as approved by the County Attorney. 3. Bid No. 09-062, Purchase of Asphalt The Board approved awarding Bid No. 09-062, Purchase of Asphalt, to Ranger Construction of Fort Pierce and authorized for the Chair to sign documents as approved by the County Attorney. L. MANAGEMENT AND BUDGET CONTINUED RFP No. 09-034, Platt's Creek Mitigation Bank Permit Development, Operation and Alternative Proposal The Board approved rejecting the sole proposal received for RFP No. 09-034, Platt's Creek Mitigation Bank Permit Development, Operation and Alternative Proposal, and permission to re -advertise at a later date when the economy improves. 5. Amendment to Contract for Aquatic Vegetation Control Services The Board approved the Fifth Amendment to Contract No. C07-12-695 with Aquagenix, adding the Kitterman Road retention pond and increasing coverage for the Saeger Avenue retention pond, and authorized the Chair to sign documents as approved by the County Attorney. 6. Amendment to Contract for Courier Services —5— The Board approved the second amendment to Contract No. C07-09-482 with Treasure Coast Courier Service, Inc extending the contract through September 30, 2010, and authorized the Chair to sign documents as approved by the County Attorney. 7. Amendment to Contract for Mowing Services for Subdivision #3 The Board approved the second amendment to Contract No. 05-09-528 with Treasure Coast Lawns, Inc. extending the contract through September 30, 2010, and authorized the Chair to sign documents as approved by the County Attorney. 8. Amendment to Contract for Mowing Services for Median and Right -of -Way The Board approved of the third amendment to Contract No. 05-10-527 with Treasure Coast Lawns, Inc. adding the mowing of the Entrada Avenue median and extending the contract through September 30, 2010, and authorized for the Chair to sign documents as approved by the County Attorney. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. PUBLIC WORKS Solid Waste — Final Assessment Resolution Consider staff recommendation to adopt Resolution No. 09-245, the Solid Waste Final Assessment Resolution, and authorization for the Chair to sign documents as approved by the County Attorney. Mr. Robert Cutaunt, Indian River Estates resident, addressed the Board in opposition to the Increase in the assessment. Mr. Cutaunt questioned who would be receiving the increase. Mr. Clarence Abraham, Acreage resident, addressed the Board in opposition to the increase and requested the Board go back to the drawing board and continue this item. Ms. Francine Applebee, Lakewood Park resident, addressed the Board in opposition to the increase and stated she would prefer to have reduced service than an increase. Mr. Loeffer, unincorporated area resident, addressed the Board in opposition to the increase and stated many residents used only one container for trash and also addressed the yard waste pick up. Mr. Paul Scholl, Indian River Estates resident, addressed the Board in favor of the increase and stated he believed the cost is reasonable and is in favor of mandatory collection and the fact it has been placed on the tax notice. Mr. Rodney Kaufman, Lakewood Park resident, addressed the Board in opposition to the increase and believes the service is below average. Mr. Jeff Minor, area resident, addressed the Board in opposition to the increase and stated he does not need to have his trash collected twice a week and would prefer a reduction in the price. Mr. Robert Cutaunt, Indian River Estates resident requested the Board re -bid the the contract. Mr. Ron Matthews, area resident, addressed the Board in opposition to the increase and stated the continued increase in taxes and cost will increase the number of residents leaving the county. Ms. Katherine Ives, area resident, addressed the Board in opposition to the increase in the assessment, the increase in the utility costs and the registration of motor vehicles. Mr. Clarence Abraham area resident questioned how many residents would be affected. The Assistant Solid Waste Director advised Mr. Abraham approximately 19,400. He advised the Board and the residents the increase would be a total of $6.77 per month bringing the cost to $21.00 which is still lower than any other entity in the Treasure Coast area. —6— The County Administrator advised the Board this item had been continued twice before and staff was directed to go back and review the figures. She stated staff had given the Board assurance they were operating on a lean budget and they could not cut costs any further and operate the landfill. Com. Dzadovsky expressed his concerns with going out to re -bid the contract and the bid coming in higher than what has been presented. Chairperson Lewis advised the residents the Board cannot negotiate contracts under the Sunshine Law. It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve Resolution No. 09-245, the Solid Waste Final Assessment Resolution, and; upon roll call, motion carried unanimously. REGULAR AGENDA VIII. GROWTH MANAGEMENT Western Lands Study Consider staff recommendation to approve the project scope, budget and interiocal agreement with the University of Florida to perform the Western Lands Study. Com. Grande advised the Board and those present the terms of the study were not acceptable to him for the reasons he had previously stated at prior meetings those being, the sending and receiving areas, over complicating the transfer of development rights that is possibly beyond anything that would be manageable and practical and the concept of credits for conservation which is unworkable. He would not be supporting this study. Com. Dzadovsky stated he was confused by Com. Grande's comments and stated until they can have a process and study of what has worked and what has failed and placed them into the confines of SLC and the issues we face, placing them there and not here does not mean they would not work. He expressed his concern with not taking the step and continuing what is presently happening which is not acceptable to the landowners. He believes they need to review all the material and request the team obtain input from the property owners. Com. Grande stated he agrees they need to do something, however when you look at the specifics and the western lands, there have been studies and they have failed. He has not seen a change in the scope and believes you should not complicate the transfer of development rights because when you do, they fail. He believes they have one chance to do this right. He believes the outline is too broad. Com. Coward stated he disagreed with Com. Grande and believes the do nothing option would produce the same result as in South and Central Florida. He believes they should look at the basic goals and the four listed items as follows: 1. Promote and enhance property values 2. Promote smart growth 3. Foster continued agriculture production 4. Ensure cost effective provisions of local government services through fiscal analysis Com. Coward stated pre -judging the outcome before taking the first step was the problem Com. Grande found with the TVC. He believes they need to take the first step and keep an open mind. Com. Grande stated that he agreed doing nothing was not a good option and recommended an investigation be done to show and include all of the things that could possibly happen. Com. Coward stated he served on the Sustainability Committee and it was his idea. He believes this document does not pre judge every strategy it puts out important goals and identifies issues. He believes they need to take the first step, keep an open mind and listen to their constituents. Com. Craft stated the TDR experts know they are looking at the options that will not work and he believes they will bring it forth for public discussion. —7— Com. Dzadovksy stated the discussions he has had with the property owners they have indicated they would like to increase their values. The process they are about to embark is going to give the county the opportunity to bring in the landowners and let them have their say. Com. Grande stated more than 50% of the programs have failed, however the generally accepted number is 95%. He is not suggesting they should not be looking at the TDR's but suggesting they cannot make the western lands work without the TDR's. He would expect that Mr. Daniels would make the recommendations he made to him privately public. His objection to move forward today was those statements were not reflected in the outline presented today. He would support this issue today assuming Mr. Daniels will bring forth the knowledge he has and will share it with him and make the presentations at the meeting. Com. Lewis stated they do not want to pre judge the strategies; she has been in favor and believes they need experts to tell them what will and will not work. It was moved by Com. Craft, seconded by Com. Coward to approve the Western Lands Study, and; upon roll call, motion carried unanimously. IX. COUNTY ATTORNEY St. Lucie County Intermodal Transfer Facility — Agreement with Edlund, Dritenbas, Binkley Architects and Associates, P.A. Consider staff recommendation to approve the Agreement with Edlund, Dritenbas, Binkley Architects and Associates, P.A. and authorize the Chair to sign the Agreement. Com. Coward requested a copy of the companies on the rotation list. The Asst. County Attorney advised the Board she would provide the list and bring this item back to the Board. No action taken. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Courtfffl I9 CO.; 6-d AGENDA REQUEST COUNTY F LORI D A - ITEM NO. IV -A DATE: September 15, 2009 REGULAR [x ] PUBLIC HEARING [I CONSENT[] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: RESOLUTION NO. 09-250 - designating September 19, 2009 as POW/MIA Recognition Day in St. Lucie County, Florida. BACKGROUND: Billie A. Pierce, POW/MIA Chairman, The American Legion Auxiliary Unit 40, has requested that this Board proclaim September 19, 2009 as POW/MIA Recognition Day in St. Lucie County, Florida. The attached Resolution No. 09-250 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-250 as drafted. COMMISSION ACTION: CONCURRENCE: [� APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 [X] County Attorney: Daniel S. McIntyre Faye W. Outlaw, MPA County Administrator Review and Approvals [ ]Management & Budget: [ ]Purchasing: [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ) Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 RESOLUTION NO. 09-250 A RESOLUTION PROCLAIMING SEPTEMBER 19, 2009, AS -POW/MIA RECOGNITION DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The American Legion, the American Legion Auxiliary and the Sons of the American Legion of the Stephen N. Gladwin Post 40 has proclaimed September 19, 2009, as the official POW/MIA Recognition Day for the citizens of Fort Pierce and the surrounding areas of St. Lucie County. 2. This POW/MIA Recognition Ceremony is being held to honor America's POW/MIA's, those returned and those still missing and unaccounted for from our nation's wars. 3. At 4:30 p.m. on Saturday, September 19, 2009, the American Legion, Stephen N. Gladwin Post 40 will be holding a POW/MIA Recognition Ceremony at their Post located at-810 S. U.S. Highway 1 in Fort Pierce, Florida. 4. It is fitting that POWS and MIAs from all wars will be appropriately remembered at this Ceremony. 5. This Board believes all Americans should recognize the special debt we owe our fellow citizens who, in the act of serving our Nation, relinquished their freedom so that we may enjoy the blessings of peace and liberty. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim September 19, 2009, as "'POW/MIA RECOGNITION DAY" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to attend the POW/MIA Recognition Ceremony on September 19, 2009, at 4:30 p.m. at The American Legion, Stephen N. Gladwin Post 40, 810 S. U.S. Highway 1, Fort Pierce, Florida, to pay tribute and show support in achieving the fullest accounting for Americans still missing from the wars. PASSED AND DULY ADOPTED this 15' day of September, 2009. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY THE AMERICAN LEGION Stephen N. Gladwin Post 40 810 S U.S. Highway 1 Fort Pierce, Florida 34950 (772) 461-1480 August 6, 2009 Ms. Faye W. Outlaw, MPA County Administrator St Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982 Ms. Outlaw: The American Legion, the American Legion Auxiliary and the Sons of the American Legion of the Stephen N. Gladwin Post 40, has the honor of hosting the Annual POW/MIA Recognition Day Ceremony for the citizens of Fort,Pierce and the surrounding areas of St. Lucie County. This program is to honor America's POW/MIAs, those returned and those still missing and unaccounted for from our nation's wars. We are respectfully requesting that Saturday, September 19, 2009 be designated as POW/MIA Recognition Day in St Lucie County. This would be a special honor for the veterans and their families that have sacrificed so much for our country. Our ceremony will be held at our Post home located at 810 S. U.S. Highway 1, Fort Pierce, beginning at 4:30 p.m. We are cordially inviting you and the Board of County Commissioners to attend our special event and to help us show support in achieving the fullest possible accounting for Americans still missing from the wars. They are not forgotten. I look forward to hearing from you regarding this request. F God and Country - d W e_� Billie A. Pierce POW/MIA Chairman The American Legion Auxiliary Unit 40 (772) 332-2671 i 1 l 2�J 0I;G A09 CO. OFFICE THE AMERICAN LEGION Stephen N. Gladwin Post 40 810 S U.S. Highway 1 Fort Pierce, Florida 34950 (772) 461-1480 August 6, 2009 Ms. Faye W. Outlaw, MPA County Administrator St Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982 Ms. Outlaw: The American Legion, the American Legion Auxiliary and the Sons of the American Legion of the Stephen N. Gladwin Post 40, has the honor of hosting the Annual POW/MIA Recognition Day Ceremony for the citizens of Fort Pierce and the surrounding areas of St. Lucie County. This program is to honor America's POW/MIAs, those returned and those still missing and unaccounted for from our nation's wars. We are respectfully requesting that Saturday, September 19, 2009 be designated as POW/MIA Recognition Day in St Lucie County. This would be a special honor for the veterans and their families that have sacrificed so much for our country. Our ceremony will be held at our Post home located at 810 S. U.S. Highway 1, Fort Pierce, beginning at 4:30 p.m. We are cordially inviting you and the Board of County Commissioners to attend our special event and to help us show support in achieving the fullest possible accounting for Americans still missing from the wars. They are not forgotten. I look forward to hearing from you regarding this request. F God and Country Billie A. Pierce POW/MIA Chairman The American Legion Auxiliary Unit 40 (772) 332-2671 AUG 1 1 2009 I J� i OFFICE BI�I d� THE AMERICAh�j _Wa .d_n Stephen N. Gladwi - - - 810 S U.S. Higt Fort Pierce, Florit (772) 461-1 i August 6, 2009 Ms. Faye W. Outlaw, MPA County Administrator St Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982 Ms. Outlaw: The American Legion, the American Legion Auxiliary and the Sons of the American Legion of the Stephen N. Gladwin Post 40, has the honor of hosting the Annual POWIMIA Recognition Day Ceremony for the citizens of Fort Pierce and the surrounding areas of St. Lucie County. This program is to honor America's POW/MIAs, those returned and those still missing and unaccounted for from our nation's wars. We are respectfully requesting that Saturday, September 19, 2009 be designated as POW/MIA Recognition Day in St Lucie County. This would be a special honor for the veterans and their families that have sacrificed so much for our country. Our ceremony will be held at our Post home located at 810 S. U.S. Highway 1, Fort Pierce, beginning at 4:30 p.m. We are cordially inviting you and the Board of County Commissioners to attend our special event and to help us show support in achieving the fullest possible accounting for Americans still missing from the wars. They are not forgotten. I look forward to hearing from you regarding this request. IF -or God and Country Billie A. Pierce POW/MIA Chairman The American Legion Auxiliary Unit 40 (772) 332-2671 7A�� 17n_t�__ CO. AD `. tlN. OFFICE 09/11/09 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #50- 05-SEP-2009 TO 11-SEP-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 272,810.12 0.00 001113 CDBG Supp Disaster Recovery Subgran 1,989.80 0.00 001184 CDBG 07 24,904.69 0.00 001188 Section 112/MPO/Fhwa/Planning 2007 1,319.00 0.00 001190 FTA Sec 5307 - Buses 05/06 223.12 0.00 001436 INTACT Inspired Network to Achieve 619.20 0.00 001442 FCTD Planning Grant Agreement 408.00 0.00 001501 CSBG 2008-2009 Dept of Health and H 24,893.68 0.00 001505 FDCA Emerg. Mgmt Prep & Assist FY09 1,408.58 0.00 001822 Trea. Coast Sea Turtle Friendly Pra 1,755.50 0.00 101 Transportation Trust Fund 2,166.24 0.00 101002 Transportation Trust/80% Constitut 17,201.87 0.00 101003 Transportation Trust/Local Option 13,315.00 0.00 101004 Transportation Trust/County Fuel Tx 17,974.77 0.00 101006 Transportation Trust/Impact Fees 351,696.01 0.00 102 Unincorporated Services Fund 31,287.62 0.00 102001 Drainage Maintenance MSTU 14,205.20 0.00 102111 NFWF St. Lucie Turtle Habitat Impro 43,848.00 0.00 102809 Paradise Park Phase 2 SFWMD 9,908.21 0.00 105 Library Special Grants Fund 4,808.15 0.00 107 Fine & Forfeiture Fund 59,626.57 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 217.00 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 523.53 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 2,265.21 0.00 107006 F&F Fund -Court Related Technology 6,302.26 0.00 107158 USDOJ Edward Byrne Mem Justice 2009 7,191.62 0.00 109 Drug Abuse Fund 35.00 0.00 130 SLC Public Transit MSTU 94,306.28 4,352.36 140 Airport Fund 6,581.74 0.00 140001 Port Fund 62.97 0.00 140306 DOT -New N. Entrance Port Ft. Pierce 2,000.00 0.00 140347 Rehab Runway 9/27 3,073.06 0.00 140351 Install Access Control System 219,950.43 0.00 160 Plan Maintenance RAD Fund 65.64 0.00 183 Ct Administrator-19th Judicial Cir 8,386.64 0.00 183001 Ct Administrator-Arbitration/Mediat 827.02 0.00 183006 Guardian Ad Litem Fund 943.21 0.00 184105 FWC Artificial Reef Const 2009 50,000.00 0.00 184209 FDEP - Fort Pierce Shore Protection 19,052.72 0.00 184211 FDEP South SLC Beach Restoration 142,852.70 0.00 184212 Fort Pierce IMP Implementation 27,205.20 0.00 189201 FHFC Hurricane Housing Recovery Pla 982.01 0.00 210 Impact Fees I&S 245,488.30 0.00 216 County Capital I&S 114,174.42 0.00 316 County Capital 1,960.75 0.00 316202 Summerlin Boat Dock 480.00 0.00 318102 FHWA Angle Rd Sidewalk & Signalizat 143,986.86 0.00 401 Sanitary Landfill Fund 290,117.65 0.00 09/11/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #50- 05-SEP-2009 TO 11-SEP-2009 FUND SUMMARY FUND TITLE EXPENSES 418 Golf Course Fund 451 S. Hutchinson Utilities Fund 458 SH Util-Renewal & Replacement Fund 461 Sports Complex Fund 471 No County Utility District-Operatin 478 No Cty Util Dist -Renewal & Replace 479 No Cty Util Dist -Capital Facilities 491 Building Code Fund 505 Health Insurance Fund 505001 Property/Casualty Insurance Fund 611 Tourist Development Trust-Adv Fund 615 Impact Fees Fund 625 Law Library 665 SLC Art in Public Places Trust Fund 801 Bank Fund 3,782.40 45,893.69 2,316.64 14,767.33 189, 693.54 5,808.42 101,240.37 557.20 252,641.39 10,567.00 2,300.00 2,791.59 5,320.00 500.00 31,565.32 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,633.70 0.00 0.00 0.00 0.00 0.00 0.00 GRAND TOTAL: 2,955,146.44 5,986.06 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-BJ DATE: September 15, 2009 REGULAR[ ] PUBLIC HEAPING[ ] CONSENT [xx] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Special Warranty Deed YMCA Parcel I.D. Nos. 2416-504-0108-000-7 and 2416-504-0107-000-0 Resolution No. 09-270 BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Please see attached memorandum N/A N/A Staff recommends that the Board accept the Special Warranty Deed, authorize the Chair to sign Resolution No. 09-270 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: p� APPROVED [ ] DENIED [ ]OTHER: Approved S-O [x] County Attorney:` Daniel S. McIntyre [x] Originating Dept: ffr),P.. JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [ J Road and Bridge: [ ] Public Works: Don Pauley Don West [ ] Engineering: [ J Environmental: Mike Powley Steve Fousek S:\ACQ\WP\JoAnn\YMCA\Agenda Request.wpd PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: September 15, 2009 SUBJECT: Special Warranty Deed YMCA Parcel I.D. Nos. 2416-504-0108-000-7 and 2416-504-0107-000-0 Resolution No. 09-270 BACKGROUND: Ownership of the YMCA property located at 903 South 2151 Street has reverted to the County pursuant to paragraph 3 of County Deed recorded in Official Records Book 54, Page 83 (copy attached). We have attached a Special Warranty Deed executed by Young Men's Christian Association of the Treasure Coast, Florida, Inc. conveying ownership of YMCA parcels, shown on the attached map, for your review and acceptance. RECOMMENDATION: Staff recommends that the Board accept the Special Warranty Deed, authorize the Chair to sign Resolution No. 09-270 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, 1"vv"— T-- JoAnn Riley Praperty Acquisition Manager 5:\ACQ\WP\JoAnn\YMCA\Agenda Memompd • YMCA w E February 2009 0 125 250 500 Feet s L.. 1 1 . I 1 YMCA w*E 0 125 250 soo Feet _. February 2009 1 1 1 1 1 a I i 4' YMCA with reverter to St. Lucie County YMCA with reverter to :itv of Fort Pierc YMCA with reverter to St. Lucie County 4. ghki. M FAk 83 ST. GUCIF C�1I;NTT, FLA. CW= lop THIS DEED, made this tthday of Mambo , lA by ST. LUCIE COUNTY, FLORIDA, party•of the first part, and INDIAN RIVERLAND Y.M.C.A., INC., a Florida nonprofit corporation, whose sailing address is 515 Avenue A, Ft. Pierce, Florida, party 6f the second part. WITNESSETH: Thatthe said party of the first part, for and in consideration of the sum of $1.00 to it in hand paid by the party of the second part, receipt whereof is hereby acknowledPed, has granted, bargained and sold to the party of the second part, its successors and assigns, forever, the following described land, ly- ing and being in St. Lucie County, Florida: Blocks 12 and 13 of LAWNWOOD ADDITION as per plat thereof recorded in Plat Book 2, at page 16 of the public records of St: Lucie County, Florida. IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties hereto that this deed is executed and delivered subject to the fol- lowing conditions: 1. If said land is used for other than nonprofit recreational purposes, title thereto and to the imprevements constructed thereon shall revert to the party of the first part. 2. If within two (2) years from date the party of the second part ch,:ll fail to oonatruct on said property the following imprcve- meats: One 601 x 1201 gymnasium; two (2) outdoor bazko tball =arts; two (2) tannin courts; two (2) shuffleboard courts and one (1) hand- ball court at a cost of not less than FIFTY THOUSAND ($50,000.00) DOLLARS, title to said land and the improvements constructed thereon shall revert to the party of the first part. 3. If the party of the second part shall be dissolved or be- come inactive for a period of one (1) year, title to said land and the improvements constructed thereon shall revert to the party of the first part. n.,+_rn, wco,.n n— Fl Q7111•Ga_nnnP'4_1')111 Pace 1 of 2 Created Bv: eklempert Printed: 10/16/2008 11:02:40 AM EST 84,9 54 FAQ 84 IST. LuCIE MINIY. FLA. I)( WITNEM WF[ERBOF the said party of tie first patt has' housed these presents to be ezeaated is its naae by its Hoard of County Comaissioners acting by the Chairman of said Hoard; the day and year aforesaid. ATTEST: C r of the Circuit Cc7R St. Lucie County, Florida 11201'7 FLED AND AECM 563,X-e PRzki ROGER. LIVE i°1 RAS UK 1IE 11YM AIRRM n.-,4^,. rn. r),,. m c-n 11•Cd_nr rIW..17111 ST. LUCIE COUNTY, FU)RIM By Its Board of County Commissioners By: t*- r Pane 2 of 2 Created By ek�emDert Printed: 10/16/2008 11:02:40 AM EST 4 F" This Instrument Prepared by and Return to: Frank H. Fee, III, Esquire Fee, DeRoss & Fee, P.L. 500 Virginia Ave., Suite 200 Fort Pierce, Florida 34982 Parcel I.D. No. 2416-504-0108-000/7 2416-504-0107-000/0 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, executed this day of_ , 2009, by YOUNG MEN'S CHRISTIAN ASSOCIATION OF THE TREASURE COAST, FLORIDA, INC., a Florida Non -Profit Corporation 1700 SE Monterey Road Stuart, Florida 34996 hereinafter called the Grantor, to ST. LUCIE COUNTY, a political subdivision of the State of Florida 2300 Virginia Avenue Fort Pierce, Florida 34982 hereinafter called the Grantee: (Wherever used herein, the terms *Grantor' and 'Grantee" 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.) WITNESSETH, That the Grantor, for and in consideration of the sum of $10.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee forever, all that certain land situate, lying and being in the County of St. Lucie, State of Florida, to -wit: All of Block 12 together with the 16 foot vacated alley, and All of Block 13 togetherwith the 16 foot vacated alley, of LAWNWOOD ADDITION as per plat thereof recorded in Plat Book 2, at page 16 of the Public Records of St. Lucie County, Florida. Subject to reservations, restrictions and rights -of -way of record, provided, however, that this reference shall not serve to reimpose the same. Further, subject to taxes for the current year, if any. Grantee accepts the Property in an "as is" and "where is" condition with all faults and the Grantor makes no representations or warranties, express or implied, with respect Page 1 of 2 to the Property, including, but not limited to, the quality, physical condition, value, utility, or potential of the property and there are no warranties of merchantability, habitability or fitness for a particular purpose. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with the Grantee that at the time of the delivery of this deed, the premises were free from all encumbrances made by Grantor and thatGrantorwill warrant and defend the same against the lawful claims and demands of all persons claiming by, through or under Grantor, but against none other. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. Signed, Sealed and Delivered in the Presence of: YOUNG MEN'S CHRISTIAN ASSOCIATION OF THE TREASURE COAST, FLORIDA, INC., a Florida non-profit corporation By: , Witness John M. Lass, President (Print o-r Type Name) 1700 SE Monterey Road Stuart, Florida 34996 Witness (CORPORATE SEAL) (Print or Type Name) STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this day of _ , 2009, by John M. Lass, as President of YOUNG MEN'S CHRISTIAN ASSOCIATION OF THE TREASURE COAST, FLORIDA, INC., a Florida non-profit corporation, who is personally known tome or who provided as identification and who did not take an oath. Notary Public State of Florida at Large My Commission Expires:_ My Commission Number: Page 2 of 2 Florida, that: RESOLUTION NO. 09-270 A RESOLUTION ACCEPTING A SPECIAL WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing SPECIAL WARRANTY DEED from YOUNG MEN'S CHRISTIAN ASSOCIATION OF THE TREASURE COAST, FLORIDA, INC. is duly accepted on behalf of St. Lucie County this 15'h day of SEPTEMBER, 2009. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ATTEST: Deputy Clerk BY: S:\ACQ\WP\JoAnn\YMCA\Resolution No. 09-270.wpd Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-2 Date: September 15, 2009 Regular [ ] Public Hearing [ ] Consent [X ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Ordinance No. 09-027 - Amending Section 1-15-25, 5t. Lucie County Code of Ordinances and Compiled Laws, to Permit Dogs on Wild Cat Cove BACKGROUND: See C.A. No. 09-1066 FUNDS AVAIL.(5tate type & No. of transaction or N/A): N/A RECOMMENDATION: 5taff requests permission to advertise proposed Ordinance No. 09-027 for public hearing on October 6, 2009, at 6:00 p.m. or as soon thereafter as may be heard. COMMISSION ACTION: N APPROVED [ ] DENIED [ ] OTHER: Approve 5-0 Motion to approve as amended. December 1, 2009. County Attorney: Daniel 5. McIntyre Originating Dept.: Firs-cz (Check for Copy only, if applicable): Coordination/Signatures Mgt. & Budget: Other : CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Purchasing: Other: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1066 DATE: August 31, 2009 SUBJECT: Ordinance No. 09-027 (Dogs on Wild Cat Cove) - Permission to Advertise BACKGROUND: Section 1-15-2 of the St. Lucie County Code of Ordinances prohibits dogs on North Hutchinson Island from the dune line to the water between Pepper Park and the North Jetty, except law enforcement dogs. The question of where dogs are permitted and how the ordinance should be enforced has been an issue among the residents of the area for some time. During the Board's Informal Meeting on June 30, 2009, the Board directed staff to prepare an ordinance to permit dogs on Wild Cat Cove located on the west side of A-1-A. Wild Cat Cove contains a mosquito control impoundment encircled by a wide dike which is currently used as a walking trail by the public. In addition to the small parking lot on site, the site also connects to the north end of Pepper Park Riverside with paved parking and other amenities. Attached to this memorandum is a copy of proposed Ordinance No. 09-027 which would amend Section 1-15-25 to permit dogs on Wild Cat Cove subject to the same conditions in effect for dogs at Walton Rocks Beach. If adopted, the ordinance would take effect on November 1, 2009. RECOMMENDATION/CONCLUSION : Staff requests permission to advertise proposed Ordinance No. 09-027 for public hearing on October 6, 2009, at 6:00 p.m. or as soon thereafter as may be heard. Respectfully submitted, 'i &,_,,ate � — Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Assistant County Administrator Lowery Mosquito Control Director Parks and Recreation Director Public Safety Director ORDINANCE NO. 09-027 AN ORDINANCE AMENDING CHAPTER 1-15 (PARKS AND RECREATION) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-15-25 (BEACHES) TO PERMIT DOGS ON WILD CAT COVE SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, on November 9, 1982, the St. Lucie County Board of County Commissioners adopted Ordinance No. 82-10, which created Section 1-5-25(a) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, to prohibit dogs and other animals on the beach. WHEREAS, on March 8, 1988, the Board adopted Ordinance No. 88-14 which amended Section 1-15-25to permit horseback riding on the beach. WHEREAS, on August 18, 2003, the Board adopted Ordinance No. 03-28 to further amend Section 1-5-25 to permit dogs on Walton Rocks Beach subject to certain conditions. WHEREAS, in order to provide a designated public area for dogs on North Hutchinson Island, the Board has determined it is appropriate to further amend Section 1- 5-25 to permit dogs on Wild Cat Cove subject to those same conditions required for Walton Rocks Beach. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-15-25 (BEACHES) OF CHAPTER 1-15 (PARKS AND RECREATION) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA. +-wsugh passages are deleted. Underlined passages are added. -1- Section 1-15-25 (Beaches) of Chapter 1-15 (Parks and Recreation) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby amended to read as follows: Sec. 1-15-25. Beaches. (a) No dog or other animal will be permitted on the beach areas regulated by this article except as set out below: 1. Authorized law enforcement dogs being used for emergency purposes and patrol. 2. Horses engaged in horseback riding activities if authorized by permit from the Parks and Recreation Director of St. Lucie County and subject to Section 1-7.6- 55(2) setting forth further restrictions during turtle nesting season (May 1 - October 31). 3. A maximum of three (3) dogs per person may be permitted on Walton Rocks Beach and Wild Cat Cove, including designated parking areas, preyided subject to the following: (a) Any person having a dog on +�,,,e beeeh Walton Rocks Beach or Wild Cat Cove must keep the dog under control. If the dog annoys or bothers other people, dogs or animals, the dog must be fastened to a suitable leash of dependable strength not to exceed eight (8) feet in length and leash must be held or controlled. (b) Any person having a dog on the beeeh Walton Rocks Beach or Wild Cat Cove must carry with and on such person, suitable materials and utensils with which to remove fre the any fecal matter deposited by such dog and must remove any fecal matter immediately upon its deposit by the dog under the person's supervision and control. (c) Each such dog must have affixed to its collar a current rabies inoculation tag evidencing the dog has been properly inoculated against rabies within the past year. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County St+-aek—threugh passages are deleted. Underlined passages are added. resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on November 1, 2009. PART F. 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 G. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. Strueli Mpeagh passages are deleted. Underlined passages are added. . PASSED AND DULY ADOPTED this day of , 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: .5:\atty\ordnance\2009\09-027.doc County Attorney Sti-urfl( thimeegh passages are deleted. Underlined passages are added. -4- AGENDA REQUEST C6UNTY F L O R t D A -! TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-133 DATE: September 15, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-269 - Supporting the Expansion of PBI Airspace to Include Fort Pierce (FPR) BACKGROUND: Commissioner Craft has requested that this Board draft a resolution supporting the expansion of PBI Airspace to include Fort Pierce (FPR). The attached Resolution No. 09-269 has been drafted for that purpose. RECOMMENDATION/ CONCLUSION Staff recommends that the Board adopt the attached Resolution No. 09-269 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: CONCURRENCE: [ APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 [X] County Attorney: Faye W. Outlaw, MPA County Administrator Review and Approvals Daniel S. McIntyre (X) Airport Director .D Diana Lewis RESOLUTION NO. 09-269 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPORTING THE EXPANSION OF PBI AIRSPACE TO INCLUDE FORT PIERCE (FPR) WHEREAS, Miami Center (ZMA) currently provides approach control services to the Fort Pierce (FPR) Airport; and WHEREAS, En Route Centers such as ZMA rely on Long Range Radar to provide data to the controllers so that they may maintain separation between aircraft; and WHEREAS, Long Range Radar is less precise than the terminal surveillance systems utilized by most Terminal Radar Approach Control centers (TRACONs) and was not designed for approach control, and thus requires controllers to maintain more space between aircraft; and WHEREAS, because of the limitations of Long Range Radar, the ZMA may have difficulty efficiently handling the forecasted growth in traffic under the old system; and WHEREAS, the Federal Aviation Administration (FAA) decided to construct a terminal radar (ASR-11) site that would provide coverage for FPR and the Palm Beach TRACON would be the facility responsible for providing approach control service once the ASR-11 site was completed ; and WHEREAS, the benefits of approach services at PBI according to a 2004 Airspace study conducted by the FAA would yield the following benefits: 1. Improved terminal radar surveillance coverage; 2. Ability to provide a full range of terminal services; 3. Ability to provide additional services for VFR aircraft; 4. Ability to handle projected increase in traffic demand; 5. Redistribution of air traffic workload; 6. Potential reduction in the number of operational errors; 7. Improving arrival flow streams into the FPR airport; 8. Ability to provide tower en route services between FPR and other Florida airports; and 9. Improved noise abatement procedures. WHEREAS, incorporating FPR into the PBI TRACON will improve efficiency by taking advantage of airspace efficiency gains, which cannot be provided by the en route environment. 7 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2: This Board supports the expansion of PBI Airspace to include Fort Pierce. Section 3: The County Administrator is hereby directed to send a copy of this resolution to the Florida Federal Legislative Delegation; the State of Florida Legislative Delegation; Brevard County Commission; Indian River County Commission; Martin County Commission; Palm Beach County Commission; Broward County Commission; Miami -Dade County Commission; and Randy Babbitt, FAA Administrator. Section 4: This Resolution shall take effect upon its adoption. PASSED AND DULY ADOPTED this 15th day of September 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney V AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-4 Date: September 15, 2009 Regular [ ] Public Hearing [ ) Consent V ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Ordinance No. 09-028 (Airport Commerce Park Leasing Standards and Procedures) - Permission to Advertise BACKGROUND: See C.A. No. 09-1092 FUNDS AVAIL.(5tate type & No. of transaction or N/A): N/A RECOMMENDATION: Staff requests permission to advertise proposed Ordinance No. 09-028 for public hearing on October 6, 2009, at 6:00 p.m. or as soon thereafter as may be heard. COMMISSION ACTION: APPROVED [ ) DENIED [ ] OTHER: Approved 5-O County Attorney: Daniel 5. McIntyre Or^incting Dept.: Diana Lewis CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures i Mgt. & Budget: ��i"�" Purchasing: Marie ouin Other : Other : Fir:r;ce (Check for Copy only, if appl INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1092 DATE: September 2, 2009 SUBJECT: Ordinance No. 09-028 (Airport Commerce Park Leasing Standards and Procedures) - Permission to Advertise BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 09-028 which would amend Chapter 1-16.2 (Public Property) of the Code of Ordinances and Compiled Laws to create Article II (Airport Commerce Park Leasing Standards and Procedures). Section 125.35, Florida Statutes, establishes the leasing requirements for county owned property. In addition to advertising for formal bids or proposals to lease property, Section 125.35(3) also authorizes a county to adopt alternative procedures subject to certain conditions. The proposed ordinance would permit the Board of County Commissioners to waive the competitive bid or proposal requirement for the Airport Commerce Park subject to public notice and the adoption of a resolution authorizing the waiver. RECOMMENDATION/CONCLUSION : Staff requests permission to advertise proposed Ordinance No. 09-028 for public hearing on October 6, 2009, at 6:00 p.m. or as soon thereafter as may be heard. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Assistant County Administrator Steers Airport Director Management and Budget Director r ORDINANCE NO. 09-028 AN ORDINANCE AMENDING CHAPTER 1-16- 2 (PUBLIC PROPERTY), OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, TO CREATE ARTICLE II (AIRPORT WEST COMMERCE PARK LEASING STANDARDS AND PROCEDURES) TO ESTABLISH STANDARDS AND PROCEDURES FOR LEASING PROPERTY IN THE AIRPORT WEST COMMERCE PARK PURSUANT TO SECTION 125.35, FLORIDA STATUTES (2008); CREATING SECTION 1-16.2-7 (PURPOSE); CREATING SECTION 1-16.2-8 (COMPETITION AND QUALIFICATION STANDARDS); CREATING SECTION 1-16.2-9 (BID/PROPOSAL WAIVER PROCEDURE); CREATING SECTION 1-16.2 -10 (INFORMATION ON AVAILABLE COUNTY PROPERTY); CREATING SECTION 1-16.2 -11 (NEGOTIATION PROCEDURES); CREATING SECTION 1-16.2 -12 (CONSISTENCY WITH COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, Sections 125.35(1) and 125.35(2), Florida Statutes, provide for the lease of County owned real property subject to certain advertising requirements; and, WHEREAS, Section 125.35(3), Florida Statutes (2008) authorizes a county to adopt alternative procedures for the lease of county owned real property; and, WHEREAS, the County owns and operates the Airport West Commerce Park located at the St. Lucie County International Airport; and, WHEREAS, the County desires to adopt an alternative leasing procedure in order to provide for a more efficient and expedient leasing procedure for the Airport West Commerce Park in accordance with the provisions of Section 125.35(3). eugh passages are deleted. -1- Underlined passages are added. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-16.2 (PUBLIC PROPERTY) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS Chapter 1-16.2 (Public Property) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby amended by creating Article II (Airport West Commerce Park Leasing Standards and Procedures) to read as follows: ARTICLE II. AIRPORT WEST COMMERCE PARK LEASING STANDARDS AND PROCEDURES Section 1-16.2-7 Purpose. The purpose of developinq the Airport West Commerce Park is to qenerate revenue for the St. Lucie County International Airport in accordance with Federal Aviation Administration and Florida Department of Transportation grant assurances by providing economic development opportunities for companies interested in locatinq in St. Lucie County. Section 1-16.2-8 Competition and Qualification Standards. In order to expand economic development at the Airport West Commerce Park, the Board of County Commissioners may either (1) bid and award leases on a competitive sealed bid or proposal basis; or, (2) determine to waive the process of obtaining competitive sealed bids or proposals and award a lease to a company that is a targeted industry meeting the criteria set forth in Section 1-7.55-1(d)(1) or Section 1-7.55-1(d)(2) of the St. Lucie County Code of Ordinances that will, in the opinion of the Board, significantly enhance economic activity in St. Lucie County. Section 1-16.2-9 Bid/Proposal Waiver Procedure. In the event the Board determines to consider waiving the competitive bid or proposal process, the Board shall: (a) Publish a notice in a newspaper of general circulation in St. Lucie County at least ten (10) days before the Board's regular meeting at which the bid or prop-osal waiver will be considered. The notice shall identify the nature of the proposed bid or proposal waiver; shall identify the nature of the proposed bid or proposal waiver; and, shall Struek tkweug# passages are deleted. -I)- Underlined passages are added. identify the County office where copies of the draft resolution providing for the bid or proposal waiver may be reviewed or obtained. The notice shall also provide the time and manner for persons making objections in writing or otherwise. Consider the proposed waiver as a regular (non -consent) agenda item at a regularly scheduled Board meeting. Although the item is not a public hearing, interested members of the public may comment on the item during general public comment or at the time the item is presented. Lc) Adopt a resolution specifying the basis for the competitive bid waiver in the event the Board determines to grant the waiver. Section 1-16.2-10 Information on Available County Property. Information on property that is available for lease at the Airport West Commerce Park may be obtained from the County's Airport Director. Section 1-16.2-11 Negotiation Procedures. The County Administrator or designee shall negotiate all leases at the Airport West Commerce Park and shall develop appropriate negotiation procedures. Section 1-16.2-12 Consistency with Comprehensive Plan and Land Development Regulations. The lease of property in the Airport West Commerce Park must be consistent with the County's Comprehensive Plan and land development regulations. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions #hreegh passages are deleted. Underlined passages are added. 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 D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect on the date of adoption. PART F. 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 G. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention, provided, however, that Parts B through G shall not be codified. passages are deleted. -4- Underlined passages are added. PASSED AND DULY ADOPTED this day of , 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk s:\atty\ordinance\2009\09-028.doc Rev. 9.9.09 .r ea#h passages are deleted. BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: -5- County Attorney Underlined passages are added. 1'. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Donation of Right -of -Way TSOP, LLC 13 feet on Midway Road Resolution No. 09-267 BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Please see attached memorandum N/A N/A ITEM NO. VI-B5 DATE: September 15, 2009 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [xx] PRESENTED BY: JoAnn Riley Property Acquisition Manager Staff recommends that the Board accept the Warranty Deed, authorize the Chair to sign Resolution No. 09-267 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVED[ ] DENIED [ ] OTHER: Approved 5-0 f L [XX] County Attorney: Daniel 5. McIntyre [XX] Originating JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [XX] Public Works Director: Don West JI ') [XX] Road d Bridge: M VP Don Pouley 5:\ACQ\WP\Right of Way Donations \CV5\Agenda Request.wpd a (XX] County Engineer: lv Michael Powley ( ] OMB: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: September 15, 2009 SUBJECT: Donation of Right -of -Way TSOP, LLC 13 feet on Midway Road Resolution No. 09-267 BACKGROUND: T50P, LLC, also known as CV5, is within the jurisdiction of the City of Fort Pierce, at the Northwest corner of Midway Road and U.S. Highway No. 1. CV5 received site plan approval on July 7, 2008 and during the review process, our Public Works Department requested 13' of additional right-of-way along Midway Road. We have attached the Warranty Deeds for your review and acceptance. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed, authorize the Chair to sign Resolution No. 09-267 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, Jo)'Ann Riley Property Acquisition Manager 5AACQ\WP\Ri9ht of Way Donations\CV5\Agenda Memo.wpd Q ' L "M W!W J_k; ow, 4" uPs 1W zm 4A 7-1 Z7 Prepared by and return to: Michael B. Shapiro, Esq. President PREFERRED TITLE, INC. 7777 Glades Road Suite 400 Boca Raton, FL 33434 561-883-0707 File Number: 09-228.100 Above This Line For Recording Warranty Deed This Warranty Deed made this / day of . _ 7Lr 2009 between TSOP, LLC, a Florida limited liability company whose post office address is 925 Sou h Federal Highway, Suite 425, Boca Raton, FL 33432, grantor, and St. Lucie County Board of Commission whose post office address is grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Saint Lucie County, Florida to -wit: A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING A PORTION OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1236, PAGE 2208, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST '/4 OF SAID SECTION 3; THENCE ALONG THE EAST BOUNDARY OF SAID NORTHWEST '/4 NORTH 00° 02' 03" WEST, 76.60 FEET; THENCE DEPARTMENT SAID EAST BOUNDARY, NORTH 89° 24' 54" WEST, 100.18 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF MIDWAY ROAD, AS DESCRIBED IN OFFICIAL RECORDS BOOK 1746, PAGE 2911, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, NORTH 89° 24' 54" WEST, 197.80 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT OF WAY LINE, NORTH 000 36' 58" EAST, 13.00 FEET; THENCE SOUTH 890 24' 54" EAST, 210.63 FEET TO A POINT ON THE AFORESAID NORTHERLY RIGHT OF WAY LINE OF MIDWAY ROAD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINEOF MIDWAY ROAD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, SOUTH 450 12' 45" WEST, 18.27 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2654.82 SQUARE FEET, MORE OR LESS Parcel Identification Number: oaether with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. DoubleTime® To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to . In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witness Name: /z t+�✓�� tiN,a �/ _..__-- Witness Name: t,"j f LZ (�a 1��;;, �; ? State of Florida County of Palm Beach TSOP, LLC, a F a ited liab�i23 company By:'� STEVEN S. LEVIN, Managing Member (Corporate Seal) The foregoing instrument was acknowledged before me this day of S_eft-0-+UL,*V 7t,(�� by STEVEN S. LEVIN, Managing Member of TSOP, LLC, a Florida limited liability company, on behalf of the corporation. He [j is personally known to me or [X] has produced a driver's license as identification. [Notary Seal] NOTARY PUBLIC -STATE OF FLORIDA " Audrey J. James Commission #DD659502 Expires: APR. 04, 2011 BONDED THU ATTANTIC BONDING CO., INC. Loll Notary Public Printed Name: Y My Commission Expires: Warranty Deed - Page 2 DoubleTimee Florida, that: RESOLUTION NO. 09-267 A RESOLUTION ACCEPTING A WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing WARRANTY DEED from TSOP, LLC is duly accepted on behalf of St. Lucie County this 15" day of SEPTEMBER, 2009. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA [ YA Chair ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: f1-YA County Attorney S:\ACQ\WP\Right of Way Donations\CVS\Resolution No. 09-267.wpd AGENDA REQUEST Cou NTY IFL O R 1 _D A TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-6 DATE: September 15, 2009 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-280 - Opposing Offshore Drilling in Florida BACKGROUND: During the last legislative session, the Florida House of Representatives passed a bill to allow Florida to consider opening its waters to offshore energy exploration. in short, the bill would have allowed the Governor and Cabinet (sitting as the Trustees of the Internal Improvement Trust Fund) to receive, review, and then accept or reject in the Cabinet's sole discretion, proposals for exploration and production of oil and natural gas in Florida's state waters. The discussion of this issue is ongoing and legislation on this issue will again be proposed at the next Session. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-280 opposing offshore drilling Florida as drafted. COMMISSION ACTION: CONCURRENCE: [1/] APPROVED [ ] DENIED [ ] OTHER: G� Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals 9,- [X] County Attorney: Y Q. Daniel S. McIntyre RESOLUTION NO. 09-280 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, OPPOSING A BILL TO ALLOW THE GOVERNOR AND CABINET TO ALLOW FOR OFFSHORE DRILLING IN THE STATE OF FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida House has begun debate on a bill to allow the Governor and Cabinet to allow for offshore drilling off Florida's coast and end the 20-year drilling moratorium. 2. This bill would allow the Governor and Cabinet (sitting as the Trustees of the Internal Improvement Trust Fund) to receive, review, and than accept or reject in the Cabinet's sole discretion, proposals for exploration and production of oil and natural gas in Florida's state waters. 3. Offshore drilling would threaten Florida's economy by bringing oil rigs 3 mites off Florida's coast, sanctioning drilling in the shallow waters of the Gulf, and allowing unlimited pipelines to go through sensitive areas up to Florida beaches. 4. Offshore drilling creates an environmental threat to marine animals whereby the sounds carry through the water for hundreds of miles and have been known to cause permanent hearing loss in marine mammals and also disrupts their feeding, migration, social bonding predator avoidance and have been associated with stranded whales. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2: This Board opposes offshore drilling in Florida. Section 3: The County Administrator is hereby directed to send a copy of this resolution to Governor Charlie Crist, the County's Legislative Delegation and the Florida Association of Counties. Section 4: This Resolution shall take effect upon its adoption. PASSED AND DULY ADOPTED this 15th day of September 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ri AGENDA REQUEST 7qu C6UNTY Ir t O R I D A TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ADDf i1ON ---•. ITEM NO. VI-B.7 DATE: September 15, 2009 REGULAR[] PUBLIC HEARING [] CONSENT [XX] - ADDITION PRESENTED BY: Daniel 5. McIntyre SUBJECT: St. Lucie County Intermodal Transfer Facility - Agreement with Edlund, Dritenbas, Binkley Architects and Associates, P.A. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Agreement with Edlund, Dritenbas, Binkley Architects and Associates, P.A. , and authorize the Chair to sign the Agreement. COMMISSION ACTION: [j APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Daniel5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 C6UNTY F L O R I D A INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-1073 DATE: August 26, 2009 SUBJECT: St. Lucie County Intermodal Transfer Facility - Agreement with Edlund, Dritenbas, Binkley Architects and Associates, P.A. BACKGROUND: The County and the Fort Pierce Redevelopment Agency (FPRA) have agreed to cooperate in the design and construction of a pedestrian accessible transit transfer facility to be known as the St. Lucie County Intermodal Transfer Facility. The County has previously acquired the land where the Facility will be located in accordance with the terms and conditions of a Joint Participation Agreement between the County and the Florida Department of Transportation. A copy of a map locating the site is attached. The County advertised a RFQ from firms interested in designing the Facility. On May 26, 2009, the Board was presented with a short list of architectural firms. The Board authorized the short list committee to rank the firms. A short list was formed. The FPRA Director was on the committee. The committee determined to rank Edlund, Dritenbas, Binkley Architects as the top - ranked firm. The FPRA Director concurred with this recommendation. Attached to this memorandum is a proposed Agreement between the County and Edlund, Dritenbas, Binkley Architects. The total proposed compensation is three hundred fifty-three thousand five hundred fifty-four and 0/100 ($353,554.00) dollars. Funding is available in Account Number 130204-4910-562004-400. RECOMMENDATION/CONCLUSION : Staff recommends that the Board approve the Agreement with Edlund, Dritenbas, Binkley Architects and Associates, P.A. and authorize the Chair to sign the Agreement. Respectfully submitted, 1 r. Daniel 5. McIntyre County Attorney D5M/caf Attachments 41rAIA TM — Document B101 2007 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the 19`h day of August in the year 2009 (in words, indicate day, month and year.) Nineteenth day of August in the year two thousand nine. BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information) St. Lucie County, Florida 2300 Virginia Avenue This document has important Fort Pierce, Florida 34982-5652 legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. and the Architect: (Name, legal status, address and other information) Edlund Dritenbas Binkley Architects and Associates, P.A. 65 Royal Palm Pointe. Suite-D Vero Beach, FL 32960, for the following Project: (Name, location and detailed description) 010408VB SLC Ft Pierce Multi -Model Transit Facility This project will consist of a multi -modal transit facility on five (5) lots on the comer of N.- _8"' Street and Avenue D in the City of Fort Pierce. The scope will include two masonry buildings (1) for tickets and drivers lounge approximately 671 sq. ft. and (1) for public restrooms ianitorial and vending approximately 568 sq. ft. and an open colonnade with tower approximately 3,564 sg.ft Transfer parking for (4) buses and (1) trolley, 152' Lf of parallel drop off at street (4) employee parking (1) handicapped and (5) park and ride space. Shaded user areas A stair and ramp on the south side of Moore's Creek. The new areas will be ADA and FAC compliant for accessibility. Optional scope of work includes a parking lot south of Moore's Creek and Seegi1y surveillance System. The Owner and Architect agree as follows. AlA Document B101" — 2007 Vormerly 13751-—1997). Copyright© 1974. 1978, 1987. 1997 and 2007 by The American Institute of Architects. All rights tr t} reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:47:18 on 08/20/2009 under Order No.1000390354_1 which expires on 03/0512010, and is not for resale. User Notes: (809907011) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A, Initial Information: (Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2, or state below Initial Information such as details of the Project's site and program, Owner's contractors and consultants, Architect's consultants, Owner's budget for the Cost of the Work, authorized representatives, anticipated procurement method, and other information relevant to the Project.) See 2007 Exhibit -A attached; 3 pages Document B101 § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: 5 May 2010 .2 Substantial Completion date: l l January 2011 § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. AIA Document 1310111 — 2007 formerly B151-—1997). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:47:18 on 08/20/2009 under Order No.1000390354_1 which expires on 03/05/2010, and is not for resale. User Notes: (809907011) § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. See Article A.2.4 in Exhibit - A. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. 4faQy-of-the -tegnir�men tmt reimburse --thE-ArclriLect-for-e�y �ditional.cost:- (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any) 1 General Liability Each Occurrence S1,000,000 Fire Damage (any one fire) $1,000,000 Medical Expense (any person) $10,000 _Personal and Adv. Iniury $1,000,000 General aggregate $2,000,000 Products - Comp/Op Aggregate $2,000,000 .2 Automobile Liability Bodily Iniury $100 000 per person/$300,000 per accident Property Damage $100 000 .3 Workers' Compensation Per Statutory Limits State of FL .4 Professional Liability $1,000,000 per claim $2,000,000 aggregate ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. (See Article 4.1) § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The AIA Document B101- — 2007 formerly B151 TM — 1997). Copyright O 1974, 1978. 1987. 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Intematlonal Treaties. unauthorized reproduction or distribution of 3 this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 09:47:18 on 08/20/2009 under Order No.1000390354_1 which expires on 03/0512010, and is net for resale. User Notes: (809907011) schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, ifnecessary as the Project proceeds until the commencement of construction. § 3.1.4 The .Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility setviees.services for onsite conditions only § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall review the program and other information famished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating etvironmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. AIA Document B10IT' — 2007 formerly B151 T" - 1997). Copyright C 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:47:18 on 08/20/2009 under Order No.1o00390354_1 which expires on 03/0512010, and is not for resale. User Notes: (809907011) § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any - adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. Basic Services shall include Telephone and Data Designs. § 3.3.2 § 3.3.3 The Architect shall submit the Design Development documents to the wnerand request the Owner's approval. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of,governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. L 3.4.4. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, thef the G f , o �xr _,. take any action required under Section 6.5, and request the Owner's approval. tiacnx�accvx cao 000i of axc § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval - of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal: § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; AIA Document B101 r* — 2007 lorrnerly B151 T" — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute or Architects. At rights Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:47:18 on 08/20/2009 under Order No.1000390354_1 which expires on 03l05I2010, and is not for resale. User Notes: (809907011) .3 organizing and conducting a pre -bid conference for prospective bidders; .4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and bidding reselis, as dir-eeted by the Owner. § 3.5.2.3 The 4ehkeet shall eensidef r-equests f bsti♦ai if the Bidding DeetHments it 1 J § 3.5.3 NEGOTIATED PROPOSALS § 3.5.3.1. 3.5.3.2 The A _,Mite. shall assist the n..%er- iia obtaining pr-,...,.. als by 1 .2 .3 3.5.3.3. § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201Tm-2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2007, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 EVALUATIONS OF THE WORK § 3.6.11 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work AIA Document B1011 — 2007 formerly 8151— — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA � Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 09:47:18 on 0820/2009 under Order No.1000390354_1 which expires on 03/05/2010, and is not for resale. User Notes: (809907011) completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision ;Maker, as that term is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the -data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 SUBMITTALS § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect -approved submittal schedule, the Architect shall review and -approve -or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety AIA Document B101- - 2007 formerly 8151 m - 1997). Copyright© 1974, 1978, 1987, 1997 and 2007 by The Ain erican Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:47:18 on 08/2012009 under Order No.1000390354_1 which expires on 03,05/2010, and is not for resale. User Notes: (309907011) precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, - sequences or procedures. The Architect's appfeval-review of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work.. § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. AIA Document 6101 TM — 2007 �fcrrnerly B151-—1997). Copyright® 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8 this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 09:47:18 on 08/20/2009 under Order No.1000390354_1 which expires on 03/05/2010. and is not for resale. User Notes: (809907011) ARTICLE 4 ADDITIONAL SERVICES (These are services not normal to Architectural Services § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, ident� the exhibit.) Additional Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below) 4.1.1 Programming Architect See Article V (i opc (Opinion of Probable Cost) 4.1.2 Multiple preliminary designs Architect See Article V (fl opc 4.1.3 Measured drawings Not Provided 4.1.4 Existing facilities surveys Not Provided 4.1.5 Site Evaluation and Planning (B203TM-2007) Not Provided 4.1.6 Building information modeling Not Provided 4.1.7 Civil engineering Architect See Article VI (b) & VII (b) oc 4.1.8 Landscape design Architect See Article VI c & V1I c ol2c 4.1.9 Architectural Interior Design 252TM-2007) Architect See Article V (h) opc 4.1.10 Value Analysis B204TM-2007 Not Provided 4.1.11 Detailed cost estimating Not Provided 4.1.12 On -site project representation Not Provided 4.1.13 Conformed construction documents Not Provided 4.1.14 As -Designed Record drawings Not Provided 4.1.15 As -Constructed Record drawings Architect/ Subcontractors See Article V (1) opc See Article VI(e) opc 4.1.16 Post occupancy evaluation Not Provided 4,1.17 Facility Support Services 210TM-2007 Not Provided § 4.1.18 Tenant -related services Not Provided 4.1.19 Coordination of Owner's consultants Not Provided 4.1.20 § 4.1.21 Security Evaluation and Planning (B206TM-2007) Architect See Article VII (a) one 4.1.22 Commissioning B21 ITM-2007 Not Provided 4.1.23 Extensive environmentally responsible design Not Provided 4.1.24 LEED' E uivale cy Study Architect See Article V W & VI (d) o c § 4.1.25 Fast -track design services Not Provided 4.1.26 Historic Preservation B205TM-2007) Not Provided § 4.1.27 Fumiture, Furnishings, and Equipment Design (B253TM-2007) _ Not Provided 4.1.28 Meetings with Permitting Approval agencies Architect See Article V Lo opc § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. A. (4.1.9) Interior Design extends the Architects services beyond the Generic Finish Schedule to include manufacturers model numbers colors, styles, and sizes for: flooring, ceramic the plastic laminates interior paint colors exterior paint colors, bathroom partitions, suspended acoustical tile and grid appliances casework si-nage and window treatments. B. (4 1 24) LEED Registration and Certification per the USGBC guidelines is not a requirement for this project However. the Owner desires a conscious effort by the design team to demonstrate a sustainable - (Green) building design The Architect will therefor provide a LEED Equivalency Comparison Report- AIA Document B101I — 2007 (formerly B151 TM — 1997), Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights -rt• reserved. WARNING: This AW' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 9 this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under r the law. This document was produced by AIA software at 09:47:18 on 08/20/2009 under Order No.1000390354_1 which expires on 03/05/2010, and is not for resale. User Notes: (809907011) based on the USGBC (United States Green Building, Council) LEED for New Construction Version 2 2 and itemize the elements of design that reflect energy and materials for sustainability. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED® certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Neparing digital dat_n fi9F t_FF3_flSH+i9Siffl te the Owner's een6aitants and eentFaetefs, et-7 to ether Owner a Ewized reeipients,—;(included in basic services) .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 i .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, dxcept where the Architect is party thereto; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 set�iees= 1 .2 § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two ( 2) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor AJA Document B101- - 2007 formerly B151 T" - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All ngnts Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of 10 this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:47:18 on 08/20/2009 under Order No.1000390354_1 which expires on 03/05/2010, and is not for resale. User Notes: (809907011) .2 Sixteen ( 16 ) visits to the site by the Architect over the duration of the Project during construction .3 Two ( 2_) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two ( 2 ) inspections for any portion of the Work to determine final completion Njne�ft C►4 R 06 § 4.3.4If the services covered by this Agreement have not been completed within ��^)months of the date - of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. §5.4 __ . _ieal .. .. - § 5.5 ber-iBgs, test pits, deterfflinathaes ef sail bear-iBg N,alues, pereelatien tests, evaluatiens ef hazafdeus fna4erialsr, seis § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. AIA Document B101 TM — 2007 (formerly B151- — 1997). Copyright J 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights init. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 11 this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:47:18 on 08/20/2009 under Order No.1000390354_1 which expires on 03105/2010, and is not for resale. User Notes: (809907011) § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights -of -way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout - the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estate -opinion of the Cost of the Work and updated inions of the Cost of the Work prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that - neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimateopinions of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing esfifnateTopj ions of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope - of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate opinions of the Cost - of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate -opinions of the Cost of the Work exceeds the Owner's budget for the Cost - of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality - or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without addidenal eefnpeHsa6ea,.,n consideration of additional compensation at hourly rates, shall modify the Construction Documents as necessary to AIA Document B101- — 2007 Sformerly B151-—1997). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12 this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 09:47:18 on 08/20/2009 under Order No.1000390354_1 which expires on 03/0512010, and is not for resale. User Notes: (809907011) comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase «, , • , P, 4 t • , , under ,kr4iiele.& Phase. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses•the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, f u-thef agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. - ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. AIA Document B101 T" — 2007 formerly B151 TM-1997). Copyright cp 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights !nit. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13 this AIA'e Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:47:18 on 08/20/2009 under Order No.1000390354_1 which expires on 0310512010, and is not for resale. User Notes: (809907011) § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either parry's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 MEDIATION § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Venue shall lie in St. Lucie County, - Florida § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Ar> hitect do not select a method of binding dispute resolution below, or do not subsequently agree *in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X1 Litigation in a court of competent jurisdiction with venue in St. Lucie County, Florida ( ] Other (Specify) § 8.3 ARBITRATION 4 8.3.1. § 8.3.1.1. §8.3_.2. �8.3.3. elaife, dispute of ethef matter in &-�is Agreement to, but net reseWed by, mediation shall be subi P-4 te the pai4ies utttally agree other -wise, shall be adfainistiffed by AIA Document B101 TM - 2007 �Iorrnerly 8151 rm-1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Arcnttects. An ngn[s Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 14 this AIA! Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:47:18 on 08/20/2009 under Order No. 10003903541 which expires on 0310512010, and Is not for resale. (809907011) User Notes: § 8.3.4 CONSOLIDATION OR JOINDER § 8.3.4.1 § 8.3.4.2 Eithef § 8.3.4.3 o ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect -shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9:5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. AIA Document 3101 T- — 2007 formerly B151-—1997). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 1$ this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:47:18 on 08/20/2009 under Order No.1000390354_1 which expires on 03105/2010, and is not for resale. (809907011) User Notes: § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then defined i Seet: .. 9 7. 'sue. § 9.7 § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Prejeet is leeated, weeept that if the pailties have seleeted &-bitfatieft as the methed ef binding dispute reselutien, the Feder -a! A&bitFatienAet shall govem Seeder; $State of Florida § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of,' or basis for, compensation.) AIA Document B101 T01 — 2007 formerly B151- — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 16 this AIA! Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:47:18 on 08/20/2009 under Order No.1000390354_1 which expires on 03/0512010, and is not for resale. User Notes: (809907011) Compensation shall be a percentage 7 28% of the cost of the construction not including sitework and utilities: ($2 084 535 00 (a) 7 28%= $151,788.00) § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) PO 0 ° 417- 19A 04 ,yogi"" Refer to the Opinion of Cosdated 364uae2009 for a complete description of the following amounts of Additional - Services compensation. Article V items f h i k and 1 ($22 000.00 fixed sum) Article VI items a through f ($113 866.00 fixed sum) Article VII Design fees in items a b and c ($58 500.00 fixed sum) § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: As requested by the Owner and when provided in-house, by the Architect compensation shall be hourly as incurred per the rates in Exhibit B attached (Insert amount of or basis for, compensation.) § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 4 11.2 or- 11.3, shall be the amount invoiced to the Architect plus ten percent (10% or as otherwise stated below: 11 4 1 Compensation for Reimbursable Expenses for EDB TRC & SWC at $7 400.00, per Article V_, item'g' of the n /� Opinion of Cost-*1- dated 36-Rtne,2009. Z / qq § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the- ::2� 0/ compensation for each phase of services shalt be as follows: Refer to the opinion of cost-#4-dated-a6-J ae 2009 attached for the Articles listed below). Z /V-406 Compensation shall be a fixed sum of $151 788 00 plus reimbursable expenses in Article'(9g) in the amount of $7 400 00 plus other costs in Article V (f hJ,k and 1) in the amount of $22 000.00, plus additional services and expenses in Article VI in the amount of $113 866.00plus the optional service fees in Article VII in the amount of $58 500 for a total of S353,554.00. Schematic Design Phase 70$ ,710.80 percent ( 20 %) Design Development Phase $70,710.80 percent ( 20 %) Construction Documents Phase $159,099.80 percent ( 45 %) Bidding or Negotiation Phase $17,677.70 percent ( 05 %) Construction Phase $35,355.40 percent ( 10 %) Total Basic Compensation ene htmdFe4-$353,554.00 percent ( 100 %) § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona tide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. - The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. No changes in rates shall occur throumh January 2011. (If applicable, attach an exhibit of hourly billing rates or insert them below.) AIA Document B101- - 2007 formerly B151- - 1997). Copyright ® 1974, 1978, 1987, 199/ and LUui Dy ne nmencan msuwLe 1 - —, reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 17 this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:47:18 on 0812012009 under Order No.1 0003903541 which expires on 0105/2010, and is not for resale. (809907011) User Notes: Employee or Category Rate See Rate Schedule in Exhibit B attached. § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: ,1 ; : Included in 11.5. .2 _a a ;included in 11.5. ,3 ;Paid by Owner. o+ r- .5 ;Included in 11.5. .6 , .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by 4K- oyffieF; ;the Owner at cost plus ten percent (10%) of the expenses incurred.; .8 .9 .10 Site a fflee e n ,11 Other similar Project -related expenditures. § 11.8.2 Affehiteet'seensHkanfs plus ' ) of the expenses § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE fellows: § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 An initial payment of zero dollars and zero cents ($ 0.00 shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final - invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. - Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid thiM(32_) days after - the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from - time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) 1 1.5% per month/ 18% per annum § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. Init. AIA Document B101- — 2007 �ormerly B151T"' — 1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. Ali rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 18 this AIA! Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:47:18 on 08/2012009 under Order No.1000390354_1 which expires on 03105/2010, and is not for resale. User Notes: (809907011) ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: 12.3 Costs for all building permit application fees impact fees connection fees, and plan review fees are not included in the Architect's fee. These fees shall be oaid by the General Contractor and the Owner under a separate agreement. 12.4 For proiect procurement utilizing_ design/bid/build and the Owner/Contractor Agreement is in effect based on the original contract documents prepared by the Architect the Architect shall be compensated 7.28% of Additive Change Orders for items not due to errors and omissions of the Architect or his consultants. There shall be no deduction of the Architect's fee on Deductive Change Orders if the item(s) were originally designed - into the project, approved by the Owner, and contracted for construction by the General Contractor. For changes in the scope of work and where the construction budget is increased the Owner and Architect will re negotiate additional compensation using the current Department of Management Services suggested fee schedule or by applying the following hourly rate scale: Paul Dritenbas John Birikley Greg Edlund Principal Architects $165.00 per hour Design Architects $125.00 per hour Intern Architects $105.00 per hour Technical Level One Senior CADD Manager $ 85.00 per hour Technical Level Two CADD Designer $ 75.00 per hour Technical Level Three CADD Technician $ 65.00 per hour Clerical and Accounting $ 50.00 per hour ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: A AlA Document B 1 O1Tn't-2007, Standard Form Agreement Between Owner and Architect .2 2 Other documents: (List other documents, ifany, including Exhibit A, Initial Information, andadditional scopes ofservice, if any, forming part of the Agreement.) ;ttI 9dV6 1"'O A.I.A. B101 Exhibit A 2007 Opinion of Cost-4+244une 2009 ?1DA)6 09 Exhibit B Hourly Rate Schedule Protect Timeline — Revised 19 Aug 2009 AIA Document 8101 TM - 2007 formerly B151— - 1997). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American institute of Architects. Ail rights ittit. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 19 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:47:18 on 0812012009 under Order No.1000390354_1 which expires on 03/0512010, and is not for resale. (809907011) User Notes: This Agreement entered into as of the day and year first written above. OWNER ARCHIT (Signature) (Signature) (Printed name and title) (Printed name Ad title) AIA Document B101 T° — 2007 formerly B151 w — 1997). Copyright O 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA � Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 20 this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 09:47:18 on 08/20/2009 under Order No.1000390354_1 which expires on 03/0512010, and is not for resale. User Notes: (809907011) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, Paul U. Dritenbas, Architect, A.I.A., NCARB, LEED A.P., hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 09:47:18 on 08/20/2009 under Order No. 1000390354 1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA' Document B10ITM — 2007 - Standard Form of Agreement Between Owner and Architect, as published by the AIA in its software, other than changes shown in the attached final document by unflerssoring ad)eqext and striking over deleted text. (SignaU) c � (Title) AIA Document D401- — 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:47:18 on 08/20i2009 under Order No.1000390354_1 which expires on 0310512010, and is not for resale. (809907011) User Notes: '® *,-AIA ■ ■ Document B101TM - 2007 Exhibit A Initial Information for the following PROJECT: (Name and location or address) 010408VB SLC Ft. Pierce Multi -Model Transit Facility THE OWNER: fAram6, legal #atus ame and address) St, Lucie County Commission 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 THE ARCHITECT: fie; legal sta> is ame and address) Edlund Dritenbas Binkley Architects and Associates, P.A. 65 Royal Palm Pointe, Suite-D Vero Beach, FL 32960 This Agreement is based on the following information. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable, " "unknown at time of execution" or "to be determined later by mutual agreement.') ARTICLE A.1 PROJECT INFORMATION § A.1.1 The Owner's program for the Project: (Identify documentation or state the manner in which the program will be developed.) The program for the vroiect shall be performed by EDB as per Article V (j) of the Opinion of Probable Cost #2 attached. § A.1.2 The Project's physical characteristics: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) The site is located within the City of Fort Pierce and for purposes of this agreement the Architect assumes that potable water, electric and sanitary sewer are available to this site from local utility authorities The Architect assumes the proposed building is permittable under current zoning regulations with the approval of a single required variance. § A.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total, and if known, a line item break down.) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. The construction cost is estimated at $2 672 135.00. The total Project Budget is $3 058 744 00 per the attached Opinion of Probable Cost #2 dated 19 August 2009. A!A Document B101" —2007 Exhibit A. Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING. Init. This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIAe Document, 1 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This t document was produced by AIA software at 09:54:31 on 0812012009 under Order No.1000390354_1 which expires on 03/05/2010, and is not for resale. User Notes: (1228221293) § A.1.4 The Owner's other anticipated scheduling information, if any, not provided in Section 1.2: See attached Project Timeline. § A.1.5 The Owner intends the following procurement or delivery method for the Project: (Identify method such as competitive bid negotiated contract, or construction management.) § A.1.6 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible design or historic preservation requirements.) ARTICLE A.2 PROJECT TEAM § A.2.1 The Owner identifies the following representative in accordance with Section 5.3: (List name, address and other information.) Mr. Don McLam St Lucie County Central Services ph (772) 216-0138 § A.2.2 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address and other information.) Jon Ward Corrine Williams Darrell Drummond Beth Ryder and Marianne Arbore § A.2.3 The Owner will retain the following consultants and contractors: (List discipline and, if known, identify them by name and address.) All Consultants required for the project are under the auspices of the Architect as requested by St. Lucie Countv. § A.2.4 The Architect identifies the following representative in accordance with Section 2.3: (List name, address and other information.) Paul U. Dritenbas Project Architect Ph (772) 569-4320 cell (772) 532-9376 § A.2.5 The Architect will retain the consultants identified in Sections A.2.5.1 and A.2.5.2. (List discipline and, if known, identify them by name, legal status, address and other information.) § A.2.5.1 Consultants retained under Basic Services: .1 Structural Engineer TRC Worldwide Engineers 2011 S 25" St. Suite 211 Fort Pierce, FL 34947-4748 AIA Document B101 T° — 2007 Exhibit A. Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: snit. This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, 2 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This i document was produced by AIA software at 09:54:31 on 08/20/2009 under Order No.1000390354_1 which expires on 03/050010, and is not for resale.' 22 Z21293) User Notes: I (772)466-3773 .2 Mechanical Engineer and Electrical Engineer Sims Wilkerson Cartier Engineering Inc. 12124 High Tech avenue Suite 200 Orlando, FL 32817 (407) 380-0400 .3 Fled-Geotechnical Exploration A.M. Engineering and Testing, Inc. 590 N.W. Mercantile Place Port St. Lucie, FL 34986 (772)924-3575 .4 Civil Engineer Culpepper & Teroening, Inc. 2980 S. 25`I' St. Ft. Pierce, FL 34981 (772) 464-3537 5 Landscape Architect Lucido & Associates 100 Ave. A, Suite 2A Ft Pierce, FL 34950 (772) 467 -1301 § A.2.5.2 Consultants retained under Additional Services: See Article 4.1. § A.2.6 Other Initial Information on which the Agreement is based: (Provide other Initial Information) None. AIA Document B101- - 2007 Exhibit A. Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: fnit This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, 3 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:54:31 on 08/20/2009 under Order No.1000390354_1 which expires on 03/0512010, and is not for( sale. 93) User Notes: MULTI -MODAL TRANSIT FACILITY PROJECT TIMELINE (Revised 19 Aug 2009) Timeline for Full Design Services and Construction Utilizing an open Public Bid delivery system. Proposed Start Date Completion Date RFQ Selection Process 18 Jan 2009 5 Jun 2009 Architect Agreement 8 Jun 2009 26 Aug 2009 we Are >27 Programming Phase Here Aug 2009 8 Sept 2009 Pre Application Meeting 22 Sept 2009 23 Sept 2009 Schematic Design Phase 24 Sept 2009 5 Oct 2009 Site Plan Submittal 6 Oct 2009 21 Jan 2010. Design Development Phase 8 Oct 2009 18 Nov 2009 2- 0 C) Working Drawings Phase 24 Nov 2009 10 Feb 2010 Permits for Construction 12 Feb 2010 24 Mar 2010 Bidding & Negotiations 16 Feb 2010 31 Mar 2010 Contract with Contractor 1 Apr 2010 3 May 2010 Construction Total Project 5 May 2010 11 Jan 2011 (8 months) Note: Phasing of any project can affect construction, costs, permitting, contractor selection, and construction administration services by the Design Team. CADocuments and SettingsWary\My Documents\010408VB\PROJECT TIMELINE.doc St Lucie County - Ft Pierce Multi -Modal Transit Facility Opinion of Probable Construction Cost #2 Italicized items revised from Opinion of Cost 41 19 August 2009, Comm. # 010408VB 1. Site Work Development and Utilities $ 7,000.00 a. Selective on -site clearing and tree relocation $ 10,000.00 b. C. Fill Dirt, Leveling, Pad Prep and Compaction Testing Grading and Drainage Improvements (underground structures & conveyance) $ 0,000.00 d. Concrete curbing 1 $ 0,000.00 $140,000.00 e. f. Landscaping (trees, shrubs and sod) Irrigation system, (pump station w/2" well to charge cistern) $ 45,000.00 g. Site Furniture (benches, bike racks, trash bins, signage) $ 20,000.00 h. Rainwater collection and harvesting for irrigation and gray water in WC's $ 60,000.00 i. Dumpster pad and enclosure $ 14,000.00 $ 36,600.00 k. Contingency @ 10% Subtotal - I $402,600.00 II. Site a. Design Sidewalk Pavers @ 6,330 sq. ft. x $6.50/sq. ft. = $41,145.00 and Pavers @ Colonnade 3,240 sq. ft. x $6.50/sq. ft. = $21,060.00 $ 62,205.00 b. Ramp w/retaining wall at south side of Moore's Creek 440 sq. ft. $ 30,000.00 C. Bus Drive & Bus Parking w/6" conc. 7,877 sq. ft. x $28.00/sq. ft. $220,556.00 d. Street Drop Off Lane 1,520 sq. ft. x $26.00/sq. ft. $ 39,520.00 e. Parking Spaces @ 10 x $5,500.00/space (includes backup aisle) $ 55,000.00 f. Decorative fencing and columns @ Drop Off Lane @ 180 If. $ 9,000.00 g. Improve parking lot behind juvenile court for park and ride $ 30,000.00 h. Improve Brown's Court R.ON. for possible exiting to Ave.-D $ 40,000.00 j. Contingency @ 10% Subtotal - II $ 48,628.00 $534,909.00 III. Building Costs a. Ticket Booth, Lounge and Restroom 542 sq. ft. @ $210.00/sq. ft. $113,820.00 b. Public Restroom, Janitor Closet x 568 sq. ft @ $320.00/sq. ft. $181,760.00 C. Covered & secured Vending 103 sq. ft. @ $210.00/sq. ft. $ 21,630.00 d. Colonnade 3,240 sq. ft. @ $250.00/sq. ft. $810,000.00 e. Tower 324 sq. ft. @ $280/sq. ft. $ 90,720.00 f. Fire Sprinklers, riser, back flow preventer, FACP $ 8,600.00 g. Security and Video Surveillance cabling, conduit and homeruns $ 5,000.00 h. Contingency @ 5% Subtotal - III $ 61,576.00 $1,293,106.00 Subtotal —1,11, III $2,230,615.00 IV. Contractor's P&O on I, II, III Above $2, a. b. At 10% of Site and Building Costs Labor, Material, Payment and Performance Bond @ 1.5% .00 33 $ 3,459.00 Subtotal — IV $256,520.00 Subtotal 1,11, III, IV $2,487,135.00 Page 1 of 3 Note: The total value of items 11, III, and 1V ($2,084,535) are the values used for applying the DMS Fee Scale to determine the A/E fee. V. Other Costs and Additional Services of the Architect $ a. Site Plan and Agency Application Fees COFP(estimated) ,400.00 b. Water, Sewer, and Electric Impact Fees COFP (estimated) 5 $ ,400.00 C. Building Department Plan Review & Permitting COFP (estimated) $ 19,000.00 d. Fire Marshall Review Fees (.0025/million of construction cost) $ 6,255.00 e. Architectural, Structural, Plumbing, Electrical, HVAC, Telephone and Data Engineering Fees per DMS Scale for Average Complexity Projects $151,788.00 f. Additional cost to provide two (2) additional site master plan solutions for consideration by the Building Committee $ 8,000.00 g. EDB, TRC & SWC Reimbursable Expenses including printing, computer plots, mailings, specification printing, mileage, phones and FedEx services ($4,000/$3,000/$400) $ 7,400.00 h. Interior Design Services by EDB $ 2,000.00 j. EDB Architects meetings, programming, and correspondence with SLC, Ft. Pierce Redevelopment Agency, Historical Appropriateness Committee, COFP Planning and Zoning, COFP Commission, SLC Fire Marshall, Transit Authority, Council on Aging, Variance Committee and Building Department. $ 5,000.00 $ k. LEED Equivalency Study by EDB ,000.00 3 $ 3,000.00 1. As -built documentation by EDB post occupancy Subtotal - V $214,243.00 VI. Additional Services and Expenses. not included in the Architect's basic fee but under the auspices of the Architect as a sole source of responsibility: a. Soil Borings & Report b. Civil Engineering Fees for Surveying, Stormwater Design, Drainage and Utility Designs, as-builts and reimbursable expenses C. Landscape and Irrigation Design, reimbursable expenses, applications to all agencies within the City of Ft. Pierce requiring review and approval d. LEED Equivalency Study by Lucido and SWC ($1,000/$2,000) e. As -built documentation, post occupancy by TRC and SWC ($1000/$2,000) f. 1.10 Multiplier on sub -contractors not normal to architectural services Subtotal — VI VH. Options: a. Surveillance equipment, including design, specifications, 5 cameras, LCD monitor, computer w/digital video management system, keyboard and mouse, interfaced with the City of Ft. Pierce Police. EDB Design Coordin. SWC Design/Specs Equipment Page 2 of 3 $ 2,415.00 $ 59,600.00 $ 35,500.00 $ 3,000.00 $ 3,000.00 $ 10 351.00 $113, 866.00 $ 1,000.00 $ 4,000.00 $ 25,000.00 b. Improve .58 acre lots south of Moores Creek for parking, shared with COFP and the Baptist Church. This can act as "trail head" parking for the linear park and "park and ride" overflow area. Design work by C&T, EDB and SWC. In addition to the parking, design the walkway, ramp, landings, retaining walls, irrigation pump power and site lighting at the south side of Moore 's Creek. EDB Design and Engineering $ 8,000.00 SWC Site Power & Lighting $ 2,000.00 C&T Design and Reimb. $ 28,500.00 Construction $ 85,000.00 Landscape, Sod and Irrigation for parking area south of Moores Creek Design Work by Lucido under the auspices of EDB. EDB design coordination $ 3,000.00 Lucido Design and Reimb. $ 12,000.00 Materials/Labor $ 75,000.00 Subtotal — VH $243,500.00 Grand Total to act as "Project Budget" $3,058,744.00 NOTE: Opinions expressed in this report represent the professional opinion of the firm of Edlund, Dritenbas, Binkley Architects and Associates, P.A. (EDB) who have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. EDB Architects, P.A. does -not warrant that this opinion of probable construction cost will not vary from actual costs incurred by the client. This building or site is not programmed to be LEED Certified or Green by any standard. If this program is to include either of these requirements then additional services and fees will be required from all team members. Page 3 of 3 C:010408VB.doc/paul Fee Guide Calculator For. Architectural and Engineering Services State of Florida, Department of hlanagemenf &=rvices 3. Version Posted: Jul 2006 project Name: SLC Intermodal Transit Facility - 22 July 2009 COMPLEXITY GROUP CONSTRUCTION E F G COST FOR BUILDING A B C D (Sitework Not Included) _o _ ----- — - - - o -- - a 7.28% 65 /o - 6.02 /0 8.17% 0 -- $ 2,084,535.001.8.56% 7.92 /0 8.36 0 - — CALCULATED FEE .$178,524 � $165,111 ' $174,333 $151,788 $138,641 $125,566 $170,388- ►nstructions: Fill in probable construction cos a e and push enter key. GROUP DEFINITIONS: "A" - CONSIDERABLY MORE THAN AVERAGE COMPLEXITY: Complex Laboratories, Medical Hospitals, Emergency Management en ers Court Houses, Theatres, MORE THAN AVERAGE COMPLES�iaAPurpose Clverage assrooms, Laboratory ory Classrooml Hospitals, s, Libraries, ud toriums,Clinics, MuIseums, Air Terminals, Theatres, Complex University Buildings, Food Service Facilities, Specialized Detention Areas, Detention -Treatment Areas, Residences "C" - REPAIRS AND RENOVATIONS: Miscellaneous Repairs and Renovations, Alterations to Office Space or Dormitory Space, Fire Code Corrective Work "D" - AVERAGE COMPLEXITY: General Office Space, General Teaching Space, Gymnasiums, General Detention Living Facilities, Factory Buildings "E" - LESS THAN AVERAGE COMPLEXITY: Apartment Buildings, Dormitory Buildings, Service Garages, Stadiums, Repetitive Design Facilities, Office Buildings With Undefined Interior Space (open for later partitioning), Specialized Parking Structures 7% CONSIDERABLY LESS THAN AVERAGE COMPLEXITY: Warehouses, Parking Garages, Storage Facilities "G" - BUILDING ENGINEERING SERVICES: Mechanical, Electrical and Structural not exceeding $1,000,000 in construction (Not inducting Site ADDITIONAL SERVICES & EXPENSES: dditional to Basic Services and are not included within The following services are considered A he basic fee represented by the fee guides: -Feasibility Studies/ Analysis -Facility Programming -Master Planning -Soils InvestigationslReports -Surveys-Topographic/Boundary Vegetation/Improvements/Utilities -Measured Drawings of Existing Facilities -Existing Facilities Analysis -Toxic Substance Mitigation Surveys and Consultation -Site Environmental Assessments -Site DRI, PUD, Site Plan Review and/or Zoning Modifications -Traffic Analysis and Traffic Signal Warrant Studies -Civil Engineering Design including Paving/Grading/Utilities /Drainage/Stormwater ManagemenUEnvironmental & All Site Permitting -Existing Site Utility Infrastructure Improvements -Site Lighting Design -Landscape Architectural & Irrigation Design Specialty Consultants Voice/Data Communications; Electronic/Audio Visual; Food Service Equipment; Hazardous Material; Hospital/Laboratory; Interior Design; Indoor Air Quality; Quality Control; TheaterlAccustical; Security f C I C t (ROq and)or Federal DOE Energy Analysis -LEED Consultation -Graphic and Signage Design -Special Code Reviews including ACHA -Detailed Cost Estimates Documents Prepared For: -Alternate Bids Exceeding Contract Scope -Excessive Change Orders -Multiple Construction Contracts -Record Documents/As Builts -Prolonged Construction Contract Administration Services -Structural Threshold Inspections -Project Representation During Construction Beyond Bi-Monthly Administration -Additional Construction Contract Administration Services for Multiple Contracts -Building Commissioning and Training Services -Post Occupancy Inspections/ Evaluations Renderings/ Models - Substantive Changes to Scope, Size or Complexity -Owner Requested Changes to Approved Documents -Reimbursable Expenses' Including, but not limited to, reproduction) printing costs, travel expenses and special mail service expenses Li e Jut os ' As defined in the Division of Real Estate Development and Management Form of Agreement Between Owner and Architect Engineer. ^') i1)nnr Clients 4811 tllLUUKFJ ACORD-, CERTIFICATE OF LIABILITY INSURANCE oa11709°" ' PRODUCER THF CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Suncoast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 22668 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tampa, FL 33622-2.658 811289-5200 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA. Phoenix Insurance Company 25623 Edlund-Dritenbas-Binkley Architects INSURER 8. Travelers Casualty and Surety Co 19038 and Associates, P.A. INSURER C: Hudson Insurance Company 25054 65 Royal Palm Pointe, Suite D INSURER 0. Vero Beach, FL 32960 NBURERE Progressive L:UVEKAGe5 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR.CONDITION OF ANY CONTRACTOR OTHER DOCUMENT NTH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR IN; MAY PERTATHE INSURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS.,SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER 0 EY EFFECTIVE POU RATI LIMITS A GENERAL LIABILITY X COMMERCIAL GENERALLLA89JTY CLAMS MADE © OCCUR 6802509L308 07/01/09 07/01/10 EACHOCGOR 00 DAM B R.ENTENTED a MED EXP one Pwwni 11000 OOOO $10 00 PERSONAL 6 AOV INJURY $1,000.000 GENERAL AGGREGATE $1000.000 OWL AGGREGATE LM T APPLIE S PER. PRODUCTS. COMP.IOP AGO s2 000 000 POLICY 7X PR4 LOC E AUTOMOBILE LIABILITY ANY AUTO 05329848-0 03/07/09 03/07/10 COMBINED SINGLE LIMIT (ES awdw) 3 ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY (PwP_) �250,000 BODILY INJURY (Per ftidem) S SOO,000 HIRED AUTO8 NON -OWNED AUTOS • PROPERTY DAMAGE (Per eaWenE) S 100,000 GARAGE LIABILITY _ AUTO ONLY - EA ACCIDENT i OTHERTHAN F,1ACC AUTO ONLY: AGO S ANY AUTO I D EXCESSIUMBRELJA LIABILITY OCCUR CLA"S'MADE 98-EY-9926-5 09/15/09 09/15/10 EACH OCCURRENCE $ 1,000,000 AREGATE GG $ 1.000.000 s Umbre a Policy & DEDUCTIBLE S RETENTION $ B WORKERS COMPENSATION AM UB7082Y4$ 09/01 /09 09/01 /10 X 9 �`AT" - EL EACHACGOENT Is1.00 000 EMPLOYERrLIABAJTY ANY PROPRIETORMARTNERIEXECUTME OFFICERIMEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE $1 00000 It Syes, de PROmbe under belCw EL DISEASE -POLICY LIMIT S500,000 C OTHER Professional AEE7140403 06/10/09 06/10/10 $1,000,000 per claim Liability $2,000,000 anni aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES'? EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Professional Liability is claims made and reported. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE tSSUWG INSURE MLLENDEAVOR TO MAR --%L- DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR UABKJTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU'j}IpORIZEO REPRE9_ENTATIVE WI- Aa- ,L,vKu zD VU01108) 1 of 2 #S1846301M170659 BJM 0 ACORD CORPORATION 1993 ITEM NO. VI-C DATE: 09/15/09 • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ir Diana D. Lew SUBMITTED BY: Airport Airport Director SUBJECT: LPA Work Authorization No. 23, Second Year of 150 Acre Mitigation Area Maintenance and Gopher Tortoise Monitoring for New Runway Project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140135-4220-563005-48006 FAA grant 140335-4220-563005-48006 Infrastructure FDOT grant PREVIOUS ACTION: July 8, 2008- LPA Work Authorization #11 for initial exotics removal. September 16, 2008 -Work Authorization #13 for $352,251.50 for 150 acre mitigation enhancements to meet permit conditions. February 3, 2009- Work Authorization 16 for the periodic monitoring and reports required by the permitting agencies. RECOMMENDATION: Board approval of LPA Group Work Authorization No. 23 to provide consultant services for the second year of the 150 acre mitigation area maintenance and gopher tortoise monitoring for a lump sum amount of $144,131 and authorization for the Chair to sign the document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (�) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) 42 Daniel McIntyre `eaMZrYvtAg Purchasing ( ) Melissa Simberlund OMB Director Budget Analyst eoNarie Gouin Paitty Marston ERD ( ) (Name) AIRPORT IWO MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport DirecPf—#_ DATE: September 15, 2009 SUBJECT: LPA Work Authorization No. 23, Second Year of 150 Acre Mitigation Area Maintenance and Gopher Tortoise Monitoring for New Runway Project ITEM NO. VI-C Background: In order to construct the new runway and taxiway, the permitting processes with the South Florida Water Management District (SFWMD), Army Corps of Engineers (ACOE), and the US Fish and Wildlife Service (FWS) required that over 120 acres of land be set aside for mitigation of impacted wetlands and protected species. A conservation easement has been placed on the 120 acre mitigation property as required by the SFWMD and FWS. Certain improvements were also required to improve the habitat in this area, including exotics removal, planting wetland plants, filling in ditches, and other activities as outlined in a mitigation plan that was approved by the agencies. The 120 acres also include a gopher tortoise relocation area and a scrub jay mitigation area. In addition to the 120 acres, which must be maintained in perpetuity, the ACOE has required the exotic removal and a five year maintenance program on a 29.88 acre parcel immediately to the south of the 120 acres. Monitoring reports are also required to document improvements made for wetland mitigation and for protected species. This work authorization will provide consultant services and any maintenance activities through the end of FY 2010 to ensure permit compliance. The Federal Aviation Administration grant for the new runway project included 95% funding for a mitigation cost of up to $594,543 to meet permit requirements over the first two years. The Florida Department of Transportation also provided a 2.5% matching grant and the local match for this project was already budgeted when the grant was originally accepted in FY 2008. Recommendation Board approval of LPA Group Work Authorization No. 23 to provide consultant services for the second year of the 150 acre mitigation area maintenance and gopher tortoise monitoring for a lump sum amount of $144,131 and authorization for the Chair to sign the document as approved by the County Attorney. WORK AUTHORIZATION NO. 23 CONTRACT C07-04-213 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the _ day of , 2009, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and THE LPA GROUP INCORPORATED, hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on April 3, 2007, the County entered into a Consulting Agreement (Contract No. C07-04-213) hereinafter referred to as "Contract' with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: PROJECT: The County has determined that it would like to complete a project described below: St. Lucie County International Airport — Runway 10L/28R Year 2 Mitigation Area Maintenance and Gopher Tortoise Monitoring (hereinafter referred to as "the Project'.) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-04-213). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the project schedule, which is made a part of this work authorization and incorporated herein Page 1 of 2 3. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be paid lump sum and will not exceed a total amount of one hundred forty-four thousand one hundred thirty-one and 00/100 dollars ($144,131.00), as further detailed in Exhibit "B". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within the project schedule described in Exhibit "A". C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk WITNESSES: BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY THE LPA GROUP INCORPORATED BY: 4� '�� Print Name: L Page 2 of 2 EXHIBIT A SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT FPR TASK NO. 23 Runway 1OL/28R Year 2 Mitigation Area Maintenance and Gopher Tortoise Monitoring St. Lucie County (CLIENT) has contracted THE LPA GROUP INCORPORATED (LPA) to implement specific wetland and upland maintenance activities and gopher tortoise monitoring contained in the Mitigation Plan that are listed as special conditions in the state and federal permit (PROJECT) for the construction of Runway 10L/28R. Runway 10L/28R was permitted under South Florida Water Management District (SFWMD) Permit 61120-15 Modification No. 56-00293-5 issued on December 13, 2007 and under the United States Army Corps of Engineers (COE) Permit No. SAJ-2002-7501 (IP-JWH) issued on April 8, 2008. The PROJECT area is approximately 150 acres in size and is located south of Indria Road, west of U.S. Highway 1 and the Fairwinds Golf Course, and northeast of Runway 27, within the property limits of St. Lucie County International Airport (AIRPORT), in St. Lucie County, Florida. It consists of a 120.12 acre mitigation area established to meet SFWMD and COE requirements and a 29.88-acre outparcel, located south of the mitigation area, which was established to meet COE requirements. The mitigation area contains the wetland mitigation area and gopher tortoise recipient area for impacts associated with the construction of Runway 10L/28R. The outparcel contains an additional area of wetlands. The PROJECT involves the following: 1. Monitoring of the Gopher Tortoise Relocation Area (Gopher Tortoise Preserve) for the second year; 2. Evaluation and maintenance of the entire project area in order to meet the success criteria of 10 percent or less exotic and nuisance plant species cover; 3. Coordination with permitting agencies and attendance at meetings with regulatory agency representatives; and 4. Management of the PROJECT and coordination with the AIRPORT regarding the PROJECT. For the purposes of this PROJECT, Tasks 1 through 5 below are tasks that pertain to the Gopher Tortoise Recipient Area (Gopher Tortoise Preserve) or uplands of the PROJECT area, Tasks 6 and 7 are tasks that pertain to the wetland mitigation portion of the PROJECT Area, and Task 8 pertains to the overall PROJECT. Following is a more detailed description of the anticipated key tasks that will be conducted by LPA. St. Lucie County FPR Task No. 23 Page 1 of 8 St. Lucie County International Airport July 23, 2009 R/W 1 OL/28R Year 2 Mitigation Area Maintenance and Gopher Tortoise Monitoring I. YEAR 2 - GOPHER TORTOISE PRESER VE MONITORING AND MAINTENANCE The following paragraphs detail the tasks that will be completed within the upland portion of the PROJECT, which consists of the Gopher Tortoise Preserve. TASK]. SUMMER 2009 INSPECTIONAND MAINTENANCE EVENT Summer 2009 Inspection LPA will inspect the Gopher Tortoise Preserve for evidence of growth of nuisance and exotic plant species in order to determine if a maintenance event will be necessary. The results of the site inspection detailing the locations of nuisance and exotic plant species will be forwarded to LPA's Subconsultant, Earth Balance if a maintenance event is required. If a maintenance event is not required, the results of the site inspection will be summarized in a memo and forwarded to the CLIENT. Summer 2009 Maintenance Event LPA's subconsultant will perform a maintenance event to control nuisance and exotic vegetation within the Gopher Tortoise Preserve. Targeted species will include Brazilian pepper (Schinus terebinthefolius), punktree (Melaleuca quinquenervia) and other Florida Exotic Pest Plant Council's (FLEPPQ Category I and II nuisance and exotic plant species. Grapevine will only be treated in areas where its total coverage exceeds 50 percent. Methods of treatment will consist of selective cutting and stump treatment for exotic plant species and foliar treatment for nuisance plant species. All exotic vegetation debris will be disposed of off -site. A biologist licensed to apply herbicides in the State will supervise all work. Summer 2009 Maintenance Event Evaluation LPA will evaluate the results of the maintenance event and take photographs of the Gopher Tortoise Preserve 30 days after the last day of the maintenance event. The purpose of the evaluation is to inspect the treated areas; to document the results of the maintenance event; and to determine if the maintenance activity frequency is adequate, should be conducted more frequently, or could be performed annually. Summer 2009 Maintenance Event Memo LPA will prepare a memorandum detailing the following information for the maintenance event: 1. Date of treatment; 2. Treatment location; 3. Herbicide name and volume used; 4. Weather conditions; 5. Photographs prior to exotic removal activities; and 6. Photographs after completion of exotic removal activities. St. Lucie County FPR Task No. 23 Page 2 of 8 St. Lucie County International Airport July 23, 2009 R/W 10L/28R Year 2 Mitigation Area Maintenance and Gopher Tortoise Monitoring Assumptions: • The CLIENT will provide security clearance, access, and escort to the PROJECT Area for each maintenance event. • Maintenance events are subject to weather. Deliverable: • One (1) copy of the Summer 2009 Gopher Tortoise Preserve Maintenance Event Memo. TASK 2. GOPHER TORTOISE PRESERVE SECOND ANNUAL MONITORING LPA will perform the second annual monitoring event to survey and document the conditions of the Gopher Tortoise Preserve after the first year of implementing the management practices stipulated in the Gopher Tortoise Preserve Conservation Management Plan. The survey will provide the following: 1. Location and estimated extent of exotic and/or nuisance vegetation; 2. Dominant shrub and groundcover species; 3. Dominant tree species and estimate of canopy cover; 4. Number and location of gopher tortoise burrows within the PROJECT Area including their activity status (active, inactive, abandoned); and 5. A general wildlife survey. Prior to the gopher tortoise survey, LPA will determine the GPS coordinates of the gopher tortoise monitoring transects, and the panoramic photo stations based on the Gopher Tortoise Preserve Management Plan. LPA will determine the locations of random vegetation monitoring stations using a random number generator and develop the GPS location of each station prior to the field monitoring event. Gopher Tortoise Survey Recorded data will consist of both direct sightings and indirect observations (e.g. burrows, scratchings, browsed vegetation, or other evidence). Observations regarding gopher tortoises will be recorded in a field data book and the gopher tortoise burrow locations will be recorded using a handheld GPS unit. Gopher tortoise burrow locations will be depicted on an aerial photograph. New gopher tortoise burrows will be flagged to provide protection and minimize disturbance during the maintenance activities. The gopher tortoise surveys will be conducted in accordance with FFWCC Wildlife Methodology Guidelines. Vegetation Survey and Monitoring Plots LPA will survey three (3) random 5-meter square sampling plots along each transect to categorize existing groundcover at the Gopher Tortoise Preserve. Each sampling plot St. Lucie County FPR Task No. 23 Page 3 of 8 St. Lucie County International Airport July 23, 2009 R/W 1 OL/28R Year 2 Mitigation Area Maintenance and Gopher Tortoise Monitoring will be surveyed for species composition and estimated cover. There are seven (7) transects for a total of twenty-one (21) sampling plots. Photo Stations Panoramic photographs will be taken at eight (8) designated photo stations. Assumptions: • The CLIENT will provide security clearance, access, and escort. • The monitoring event will be conducted in Fall 2009, if possible. TASK 3. GOPHER TORTOISE PRESERVE SECOND ANNUAL REPORT PREPARATION LPA will prepare the Gopher Tortoise Preserve Conservation Management Plan's Second Annual Monitoring Report. Management practices implemented for the first year and the results of the site inspection and annual monitoring event will be documented in the Annual Report. Observed changes in vegetative composition, especially estimated cover of nuisance and exotic species, will be discussed. Deliverables: • Four (4) hard copies of the Gopher Tortoise Preserve Habitat Conservation Management Plan Second Annual Monitoring Report. Two of the copies will be forwarded to the FFWCC and the ERD One (1) CD containing files of the report in portable document format (pdfi. TASK 4. GOPHER TORTOISE PRESER VE AGENCY COORDINATION LPA will coordinate, schedule, and attend one (1) field meeting with a representative from the FFWCC to perform a field review of the Gopher Tortoise Preserve. Assumptions: • A meeting with ERD is not required. • The CLIENT will provide security clearance, access, and escort to the PROJECT Area for the field meeting. • A representative of the CLIENT will attend the field meeting. TASKS. SPRING 2010 INSPECTION AND MAINTENANCE EVENT Spring 2010 Inspection LPA will inspect the Gopher Tortoise Preserve for evidence of growth of nuisance and exotic plant species approximately 160 days from the date of the Summer 2009 maintenance event in order to determine if a maintenance event will be necessary. The St. Lucie County FPR Task No. 23 Page 4 of 8 St. Lucie County International Airport July 23, 2009 R/W 1 OL/28R Year 2 Mitigation Area Maintenance and Gopher Tortoise Monitoring results of the site inspection detailing the locations of nuisance and exotic plant species will be forwarded to LPA's subconsultant, Earth Balance if a maintenance event is required. If a maintenance event is not required, the results of the site inspection will be summarized in a memo and forwarded to the CLIENT. Spring 2010 Maintenance Event LPA's subconsultant will perform a maintenance event to control nuisance and exotic vegetation within the Gopher Tortoise Preserve. Targeted species will include Brazilian pepper (Schinus terebinthefolius), punktree (Melaleuca quinquenervia) and other Florida Exotic Pest Plant Council's (FLEPPQ Category I and II nuisance and exotic plant species. Grapevine will only be treated in areas where its total coverage exceeds 50 percent. Methods of treatment will consist of selective cutting and stump treatment for exotic plant species and foliar treatment for nuisance plant species. All exotic vegetation debris will be disposed of off -site. A biologist licensed to apply herbicides in the State will supervise all work. Spring 2010 Maintenance Event Evaluation LPA will evaluate the results of the maintenance event and take photographs of the Gopher Tortoise Preserve 30 days after the last day of the maintenance event. The purpose of the evaluation is to inspect the treated areas; to document the results of the maintenance event; and to determine if the maintenance activity frequency is adequate, should be conducted more frequently, or could be performed annually. Spring 2010 Maintenance Event Memo LPA will prepare a memorandum detailing the following information for the maintenance event: 1. Date of treatment; 2. Treatment location; 3. Herbicide name and volume used; 4. Weather conditions; 5. Photographs prior to exotic removal activities; and 6. Photographs after completion of exotic removal activities. Assumptions: • The CLIENT will provide security clearance, access, and escort to the PROJECT Area for each maintenance event. • Maintenance events are subject to weather. Deliverable: • One (1) copy of the Gopher Tortoise Preserve Spring 2010 Maintenance Event Memo. St. Lucie County FPR Task No. 23 Page 5 of 8 St. Lucie County International Airport July 23, 2009 R/W I OL/28R Year 2 Mitigation Area Maintenance and Gopher Tortoise Monitoring IL WETLAND MITIGATIONAREAS The following paragraphs detail the tasks that will be completed within the wetlands of the PROJECT area including the 30-acre outparcel. TASK 6. WETLAND MITIGATIONAREA MAINTENANCE Maintenance Events LPA will perform six (6) maintenance events to control nuisance and exotic plant species within the wetlands of the SFWMD and COE mitigation area. Targeted species will include Brazilian pepper (Schinus terebinthefolius), punktree (Melaleuca quinquenervia) and other Florida Exotic Pest Plant Council's (FLEPPC) Category I and II nuisance and exotic plant species. Grapevine will only be treated in areas where its total coverage exceeds 50 percent. Methods of treatment will consist of selective cutting and stump treatment for exotic plant species and foliar treatment for nuisance plant species. All exotic vegetation debris will be disposed of off -site. A biologist licensed to apply herbicides in the State will supervise all work. Maintenance Event Evaluation LPA will evaluate the results of the maintenance event and take photographs of the Wetland Mitigation Area 30 days after the last day of the maintenance event. The purpose of the evaluation is to inspect the treated areas; to document the results of the maintenance event; and to determine if the maintenance activity frequency is adequate, should be conducted more or less frequently. Maintenance Memo LPA will prepare a memorandum that summarizes the maintenance events at the wetland mitigation areas and includes the following information for each maintenance event: l . Date of treatment; 2. Treatment location; 3. Herbicide name and volume used; 4. Weather conditions; 5. Photographs prior to exotic removal activities; and 6. Photographs after completion of exotic removal activities. Assumptions: • The CLIENT will provide security clearance, access, and escort to the PROJECT Area for each maintenance event. • The exotic species within the wetlands covering approximately a 47-acre area are scattered and located in areas with desirable native vegetation. • Selective hand removal and use of a backpack sprayer for herbicide application is anticipated to be the most effective method for exotic and nuisance species removal and control. St. Lucie County FPR Task No. 23 Page 6 of 8 St. Lucie County International Airport July 23, 2009 R/W lOL/28R Year 2 Mitigation Area Maintenance and Gopher Tortoise Monitoring • Maintenance events are subject to weather. Deliverable: • One (1) copy of the Maintenance Event Memo. TASK7. A GENCY COORDINA TION LPA will coordinate, schedule, and attend one (1) field meeting with representatives from the SFWMD and the COE to perform a field review of the Wetland Mitigation Areas. LPA will prepare responses to correspondence or request for additional information from SFWMD and/or COE regarding the conditions at the Wetland Mitigation Area. Assumptions: • The meeting with SFWMD and COE will be held concurrently, if possible. • The CLIENT will provide security clearance, access, and escort to the PROJECT Area for the field meeting. • A representative of the CLIENT will attend the field meeting. TASK 8. CLIENT COORDINATIONAND MEETING Project Meeting LPA will coordinate, schedule and attend one (1) meeting to discuss the results of the enhancements within the PROJECT Area with the CLIENT. Project Management and Coordination LPA will coordinate all PROJECT activities with the CLIENT and prepare monthly progress reports on activities completed for the current month and future planned activities for the next month for the PROJECT. COST ESTIMATE Exhibit B provides for all manpower and expenses necessary to complete the outlined Scope of Work. Actual billing will be lump sum based upon a percent complete of the PROJECT in accordance with the Master Agreement between LPA and the CLIENT. PROJECT SCHEDULE LPA will initiate PROJECT activities upon receipt of Notice to Proceed. LPA anticipates completion of PROJECT activities and submittal of the Report 405 days from the authorization to proceed. St. Lucie County FPR Task No. 23 Page 7 of 8 St. Lucie County International Airport July 23, 2009 R/W IOL/28R Year 2 Mitigation Area Maintenance and Gopher Tortoise Monitoring fsr Y�..�',a �x�}•z.r 3 F^i^ � f� We � 1. � 'S. �1, � �S � 0F_ Cl-1 ?�� / }a � � ''�.d'Y' t1 � aha "000pHei Q s nli eel N� � �R ^'sY`�.'5"n'tY Receipt of Notice to Proceed August 17, 2009 Task 1 - Gopher Tortoise Preserve Summer 2009 August 24-31, 2009 Inspection Task 1 - Gopher Tortoise Preserve Summer 2009 September 1-15. 2009 Maintenance Event Task 6 - Wetland Mitigation Area Maintenance Event 1 September 1-15, 2009 Task 1 - Gopher Tortoise Preserve Summer 2009 Maintenance Event and Task 6 - Wetland Mitigation October 1-15, 2009 Area Maintenance Event 1 Evaluation Task 2 - Gopher Tortoise Preserve Second Annual October 15-30, 2009 Monitoring Task 5 — FFWCC Field Meeting November 1- 16, 2009 Task 6 - Wetland Mitigation Area Maintenance Event 2 November 1- 16, 2009 Task 3 - Submit Gopher Tortoise Preserve Monitoring November 15-30, 2009 Report to FFWCC Task 6 - Wetland Mitigation Area Maintenance Event 3 March 2010 Task 4 - Gopher Tortoise Preserve Spring 2010 March 2010 Inspection Task 4 - Gopher Tortoise Preserve Spring 2010 March 2010 Maintenance Event* Task 4 -Gopher Tortoise Preserve Spring 2010 April 2010 Maintenance Event Evaluation Task 7 — SFWMD and COE Field Meeting April 2010 Task 6 - Wetland Mitigation Area Maintenance Event 4 May 2010 Task 6 - Wetland Mitigation Area Maintenance Event 5 July 2010 Task 6 - Wetland Mitigation Area Maintenance Event 6 September 2010 St. Lucie County FPR Task No. 23 Page 8 of 8 St. Lucie County International Airport July 23, 2009 R/W lOL/28R Year 2 Mitigation Area Maintenance and Gopher Tortoise Monitoring Exhibit B : Hour and Fee Estimate ST. LUCIE COUNTY, FPR TASK NO. 23 ST. LUCIE COUNTY INTERNATIONAL AIRPORT R1 OL-21111 Year 2 Mitigation Area Maintenance and Gopher Tortoise Monitoring Is is A Item/Task Description F—L Ae -- I A 12 0 Total 2009 Rate $171.00 $171.00 $144.00 $127.00 $108.00 $82.00 $76.00 GOPHER TORTOISE PRESERVE MO S—. 'v' nto TA 16h,and Mainarwili Inspection Maintenance completion evaluation (September 009) 8 8 Maintenance event memo Subconsultant coordination and project management --H 2 TASK 1: Summer 2009 Inspection and Maintenance Event Hours 0 2 0 0 24 3 0 29 TASK 1: Summer 20091nsaection and Maintenance Event Fee $0 $342 $0 $0 $2.592 $246 $0 $3180 TASK 2: AGopW, TortorsePrekervip Second Gopher tortoise survey 24 24 48 12 12 24 Vegetation survey 12 12 24 General environmental survey and photo documentation — TASK 2: Gopher Tortoise Preserve Second Annual Monitoring Hours 0 0 0 0 48 48 0 96 TASK 2., Gopher Tortoise Preserve Second Annual Monitorl i Fee $0 $0 $0 $0 1 $5.164 $3,936 1 SO. $9,1,20 77-75, 7 -- TASK 14—rve Seoar�d A 4 -P` 3 1 4 Introduction a 4 12 Data collection and methods 2 a Enhancement activities --- — Annual Monitoring Results (21 plots + 7 transacts) 2 a 48 8 64 1 4 10 4 19 Analysis/ConcJusions/Recommendabons Appendices - Field Notes & Photo Pages 2 4 16 22 4 a 4 8 25 QAIQC and reproduction (4 copies) — TASK 3: Gopher Tortoise Preserve Second Annual Report Preiperation Hours 1 —9 12 0 87 37 a 154 TASK 3: Tortoise Preserve Second Annual tP11111"Joaration Fee $171 $1.539 $1,728 $0 $9,396 $3.034 $608 516,476 Mar "S4, FFWCC field review 4 2 FFWCC coordination TASK 4: Gopher Tortoise Preserve Agencle Coordination Hours 0 12 0 0 2 --0 0 14 TASK 4: Go her Tortoise Preserve A an on F $0 SZO52 so so $216 so $0 $2,268 20jj[jrtj0jc:dorf a Maintenance 2' TASK: Event 5 Inspection 8 Maintenance completion evaluation (September 2DD9) 8 2 11 Maintenance event memo Subconsultant coordination and project management 1--- 1 2 TASK 5: Spring 2010 Inspection and Maintenance Event Hours 0 2 - 0 0 24 3 0 29 TASK S., Sprfng 2010 1=:nd Maintenance Event Fee $0 5342 $0 so $2.592 $246 $o 3, 1!!0 7 cation f 60 60 inspections Is events) — 48 12 68, ce Maintenanmemo (6 memos) — Subconsultant coordination and project management 6 6 12 TASK 6: Weiland Mitigation Area Maintenance Hours 6 8 0 0 48 76 0 — 140 TASK 6: Weiland Mitigation Area Maintenance Fee $1,026 $1,368 $0 $0— $5,184 $6,396 $0 $13,974 q- 6 7 TASKI:'Agoncy rill co Ination SFWMD field review and coordination 4 8 12 COE field review and coordination 4 —8 12 TASK 7' A c Coordination Hours 8 —7., is 0 0 0 0 0 24 TASK 7. Aggeencyy Coordination Fee $1:3 �$2 736 $0 $- T $0 $0 $0 $4,104 0713 1 /oa Page B-1 of 2 Exhibit 8: Hour and Fee Estimate ST. LUCIE COUNTY, FPR TASK NO. 23 ST. LUCIE COUNTY INTERNATIONAL AIRPORT RI OL-28R Year 2 Mitigation Area Maintenance and Gopher Tortoise Monitoring T7 i 0 12 Total temirrask Description $171.00 $171.00 $144.00 $127.00 $10800 $82.00 $76.00 2009 Rate 7177777777 nation and Meetin 8,C11jotCoordi 14 14 Client coordination (14 months) 14 14 Project management (14 months) 10 10 Client meeting (1 meeting) 38 0 0 0 0— 0 0 38 TASK o: Client Coordination and Meeting Hours $6499 $0 $0 so $0 $0 $6.496 I ,f Fee TASK 8: Client Coordination and Meed 777777 -777 7— ------ Total Estimated Hours* 53 49 12 0 233 169 a 524 Total Estimated LaborCosts: f9 063 $_8 379 $1,729 $0 $25,164 $13858 ;608 f58 800.1)(1 Lump Sum Expenses 77777777777777TT!7777, ,77 $1,000.DO Scheda Ecological Associates (OBE) $67,700.00 Earth Balance $68,700.00 Total Subconsultants (Lump Sum) $6,870.00 1 PA R..h--At—t Administration Fee Page B-2 of 2 07/31/08 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works/Engineering Division SUBJECT: Seven -Eleven, Inc. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A ITEM NO. DATE: REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT PRESENTED BY: Michael Powley, PAP . County Engineer VI-D1 9/15/09 (X) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the agreement to pay a fee -in -lieu -of for constructing a concrete sidewalk with Seven -Eleven, Inc. in the amount of $775.50 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator !? Coordination/Signatures 1 County Attorney (x) Finance ( x ) Daniel McIntyre SWgi Francis Originating Dept. ( x) County Engineer ( x ) /1`lf '/? D11nald West Michael Powley 7-11 fee in -lieu of sidewalk.ag Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director t)) FROM: Michael Powley, County Engineer M�/ DATE: September 15 2009 SUBJECT: Seven -Eleven, Inc. ITEM NO. VI-D1 Background: This project is located approximately 300 feet south of Edwards Road and is situated on the east side of Oleander Avenue. The applicant filed an application for a minor site plan for the renovation of a canopy and fuel pumps for the existing convenience store. Because of the very limited size of this site (less than one-half acre), sidewalk construction is not practical. The GM Order 09-015 (Attachment A) was signed by the Growth Management Director on July 6, 2009. Condition No. 2 of the GM order required that the applicant enter into an agreement (Attachment "B") with St. Lucie County to pay a fee -in -lieu of constructing a concrete sidewalk along the parcel's frontage. Recommendation: Board approval of the agreement to pay a fee -in -lieu -of for constructing a concrete sidewalk with Seven -Eleven, Inc. in the amount of $775.50 and authorization for the Chair to sign documents as approved by the County Attorney. Attachment "A" - GM-09-015 Attachment "B" - Agreement Attachment ""A" JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ,7 i8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 SAINT LUCIE COUNTY FILE 0 3366046 07/13/2009 at 10:30 AM OR BOOK 3107 PAGE 1116 - 1119 Doc Type. ORD RECORDING: $35.50 G M-09-015 MNSP 620081489 AN ORDER OF THE GROWTH MANAGEMENT DIRECTOR GRANTING APPROVAL FOR A MINOR SITE PLAN KNOWN AS SEVEN -ELEVEN, INC. CONSISTING OF A 2,818 SQUARE FOOT CONVENIENCE STORE AND A 450 SQUARE FOOT CANOPY ON .41 ACRES IN THE CG, COMMERCIAL GENERAL ZONING DISTRICT ON CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for minor site plan approval submitted by Seven -Eleven, Inc. and reviewed the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. Seven -Eleven, Inc. is an existing 2,818 square foot convenience store with a 450 square foot canopy for four (4) fuel pumps on .41 acres located on the east side of Oleander Avenue, approximately 300 feet south of Edwards Road. 2. On June 11, 2009 the Development Review Committee reviewed the minor site plan for the proposed project and found it to meet the technical requirements of the Land Development Code and to be consistent with the St. Lucie County Comprehensive Plan. 3. The project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code. 4. The project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 6. The project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The project is to be served by adequate public facilities and services. 8. The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. File No.: MNSP 620081489 GM-09-015 July 6 2009 Page 1 i i I NOW, THEREFORE, BE IT ORDERED: 2 3 A. Pursuant to Section 11.02.03 (A) of the St. Lucie County Land Development Code, 4 the Minor Site Plan for the project to be known as Seven -Eleven, Inc., is hereby 5 approved as shown on the site plan (dated June 24, 2009 — prepared by John H. 6 Omslaer, P.E.) and the landscape plan (dated June 11, 2009 - prepared by Northside 7 Nursery & Landscaping) for the project date stamped received by the St. Lucie 8 County Growth Management Department on June 29, 2009 is being granted for the 9 property described below, subject to the following conditions: 10 11 1. Within 90 days of the approval of this development order, the developers, 12 successors, or assigns shall grant an easement to St. Lucie County, in 133 manner and form acceptable to the County Attorney, across the west 10 14 feet of the subject property for future road right of way for Oleander 15 Avenue. The sketch and legal description shall be prepared by a Florida 16 licensed surveyor and mapper. 17 18 2. Within 60 days of the approval of this development order, the developers, 19 successors, or assigns shall enter into an agreement to pay a fee in lieu of 20 construction of the required sidewalk along Oleander Avenue. The fee 21 shall be based on an approved engineers estimate utilizing the unit cost 22 provided by the County Engineering Division. 23 24 3. Prior to the issuance of a Vegetation Removal Permit or Exemption, the 25 applicant shall finalize an improvement agreement acceptable to 26 Environmental Resources Department covering the costs of all required 27 landscaping, irrigation, tree mitigation, and related improvements shown in 28 the site plan. A copy of this agreement can be obtained by visiting the SLC 29 Environmental Resources Department website at: 30 hftp://www.stiucieco.org/Environ mental Resources Departmentrndex htm 31 32 4. Prior to the issuance of any SLC building orvegetation removal permits, an 33 approved FDEP Generic Discharge from Petroleum Contaminated Sites 34 Permit must be submitted to SLC ERD. 35 36 B. The property on which this Minor Site Plan is being granted is described as follows: 37 38 LEGAL DESCRIPTION: 39 40 FROM THE NORTHWEST CORNER OF LOT 150, MARAVILLA GARDENS, UNIT3, 41 AS RECORDED IN PLAT BOOK 6, PAGE 62, PUBLIC RECORDS OF ST. LUCIE 42 COUNTY, RUN EAST 10 FEET ALONG THE NORTH LINE OF SAID LOT 150; 43 THENCE RUN SOUTH 200 FEET PARALLEL WITH THE WEST LINE OF SAID LOT 44 150 TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 120 FEET; 45 THENCE EAST 150 FEET PARALLEL TO THE NORTH LINE OF SAID LOT 150; 46 THENCE NORTH 120 FEET PARALLEL WITH THE WEST LINE OF THE PROPERTY 47 BEING DESCRIBED; THENCE WEST 150 FEET TO THE POINT OF BEGINNING. File No.: MNSP 620081489 July 6 2009 GM-09-015 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 C. The approvals granted by this administrative order shall expire on July 6, 2011 unless building permits are issued or an extension is granted in accordance with the provisions of Section 11.02.06 (A) of the St. Lucie County Land Development Code. D. The Final Site Plan approval granted under this order is specifically conditioned to the requirement that the petitioner, Seven -Eleven, Inc. including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities including, but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. F. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director and mailed, return receipt requested to the developer and agent of record as identified on the site plan application. G. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. H. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 6th day of July, 2009. GROWTH MANAGEMENT DIRECTOR ST. LUCIE COUNTY, FLORIDA BY �), Q\Qj �an - 4AW\ Mark atterle , AICP Growth Management Director APPROVED AS TO FORM AND CORRECTNESS: County Atl JNJ G:IPLANNING\PROJECT FILES\Seven Eleven Inc. MNSP 620081489/GM Order File No.: MNSP 620081489 July 6 2009 GM-09-015 Page 3 St Lucie County Certificate of Capacity Date 6/29/2009 Certificate No. 2821 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development 09-015 Number of units 0 Number of square feet 2818 2. Property legal description & Tax ID no. 2427-601-0004-000-0 Oleander Dr. and Edwards Rd. Seven -Eleven Minor Development Site Plan 3. Approval: Building Resolution No. 4. Subject to the following conditions for concurrency: See GM Order No. 09-015 Letter Owner's name Seven -Eleven, Inc. Address 1300 Lee Road Orlando FL 32810 6. Certificate Expiration Date 7/ 1 /2011 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed Date: 7/2/2009 Growth Management Director St Lucie County, Florida Thursday, July 02, 2009 o Attachment 1113" AGREEMENT TO PAY FEE IN LIEU OF CONSTRUCTING CONCRETE SIDEWALKS THIS AGREEMENT is made and entered into this 4th day of August, 2009 by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida ("County") and 7 Eleven , ("Developer"). WITNESSETH: WHEREAS, Developer intends to construct a project to be known as Store 10389 Gas Tank Replacement (the "Development"),- and WHEREAS, the Developer cannot construct concrete sidewalks at the project location due to site conditions. WHEREAS, the Developer agrees to pay to the County Seven Hundred Seventy Five and .50 dollars ($775.50) as payment in lieu of constructing the required concrete sidewalks at the project location. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties covenant and agree as follows: Within f if teen (15) days from the date of this Agreement, the Developer shall deliver to the County funds in the amount of ($775.50) (the "Funds"). The Funds delivered to the County shall be used for design and construction of sidewalks at locations as determined by the County. The Funds are nonrefundable. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the day and year first above written. COMMISSIONERS ATTEST: Deputy Clerk -1- BOARD OF COUNTY ST. LUCIE COUNTY, FLORIDA BY: Chairman WITNESSES: -2- APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 7 Eleven Represe,ntcitiv BY: Print 1�6me: I- c- Q1 Title:- Dynamic Engineering Solutions, Inc. July 28, 2009 TO: Building Department Re. Sidewalk Estimate of Cost 7-Eleven 10389 3110 Oleander Ave. Fort Pierce, FL Dear Building Official: EB # 26829 950 N Federal Hwy, Suite 212 Pompano Beach, FL 33062 Phone 954-545-1740 This document serves as an engineer's estimate for the above referenced project. The sidewalk dimensions are based on the attached site plan. Our best estimate of the project construction cost is 47 Linear feet x 5 feet wide Unit Cost 26.11 square yards x $27.00 $705.00 x 1.1 Total $775.50 Should you have any questions or need any additional information, do not hesitate to contact me. Sincerely, i. f. 'John H.Y,er: msl6ef�P.E. P.E. Nu 52733 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division ITEM NO. VI-D2 DATE: 9/15/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Michael Powley, P.E., County Engineer AIW White Way Dairy Road Culvert Improvement Project See attached memorandum. Survey 101-4115-563003-19014L - $4,250; Eng. 101-4115-563005-19014L - $35,150 - Tropical Storm Fay (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization to reject quotes for White Way Dairy Road Culvert Improvement Project, approve the Second Amendment to Work Authorization No. 7 (C07-07-387) for roadway design services with Miller Legg in the amount of $39,400, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator ,nn Coordination/Signatures County Attorney ( x). OMB Director ( x ) Daniel McIntyre Budget Analyst Mari ouin Originating Dept. ( x) County Engineer (x) AI j G L Do ald West Michael Powley Road/Bridge ( x) Donald Pauley White Way Dairy Road reject bids.ag Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works DirectorL� FROM: Michael Powley, County Engineer � l%f DATE: September 15, 2009 SUBJECT: White Way Dairy Road Culvert Improvement Project ITEM NO. VI-D2 Background: During a routine culvert inspection after Tropical Storm Fay last year, it was observed that the three existing 96-inch equivalent culvert pipes at the White Way Dairy Road crossing of 5-Mile Creek had significantly deteriorated. As there were no construction funds available, the county retained the services of Miller -Legg to develop a plan to apply a liner to the existing pipes in order to maintain their integrity at the crossing. A proposed pipe restoration method known as shotcrete was chosen as the application, which involves spraying a concrete lining onto the interior of the pipes. This innovative process is an expedient and economical solution to restore large deteriorated pipes. Equally important was the fact that by minimally reducing the inside diameter of the pipes, this shotcrete method met the North Saint Lucie River Water Control District head -loss and flow -rate permit requirements. Staff contacted a total of five contractors in accordance with emergency bidding procedures. The contractors were: Shenandoah Construction, Ranger Construction, Guettler Brothers, Close Construction, and Johnson Davis. Three of the five contractors did not provide bid quotes. One bid was determined by staff to be non -responsive as the bid did not meet the 75% local subcontractor requirement for local stimulus and because the company did not provide a correct bid quote for the shotcrete application. Guettler Brothers provided a bid quote for $239,877, which was more than double the Engineer's Cost Estimate of $114,840. See the attached spreadsheet (Attachment A) for the detailed bid cost comparison. It is staff's opinion that the general contracting community is not familiar with our proposed repair procedure and is unwilling to attempt it. The attached Second Amendment to Work Authorization No. 7 (Attachment B) is for continuing engineering services for roadway design with Miller Legg in the amount of $39,400. The scope of services includes developing plans and documents for replacement of the existing failing pipes with a single multi -plate arch pipe. We have successfully utilized multi -plate arch pipes on several projects. Since 5-Mile Creek is a critical stormwater conveyance system for the County and White Engineering Division Memorandum September 15, 2009 Item No. VI-D2 Page 2 Way Dairy Road is vital for access to the local residents, Miller Legg has committed to an accelerated design schedule. Therefore, by proceeding with the consultants accelerated design, staff anticipates bidding the new design under the Board's original authorization to use emergency bidding procedures along with the Local Economic Stimulus Ordinance for repair of the crossing. Previous Action: May 19, 2009 - Board authorized staff to utilize emergency bidding procedures along with the Local Economic Stimulus Ordinance for repair of the crossing. Recommendation: Board authorization to reject quotes for White Way Dairy Road Culvert Improvement Project, approve the Second Amendment to Work Authorization No. 7 (C07-07-387) for roadway design services with Miller Legg in the amount of $39,400, and authorization for the Chair to sign documents as approved by the County Attorney. Attachment A - Spreadsheet Attachment B - Second Amendment J 880888800000888 o N o 0 0 0 0 0 0 0 o 0 0 0 m Q o o v> o 0 0 o m o N N r lD N m Q N to Q N Q N O N fA to � b9 t9 t9 tl3 IA tl3 t9 m N e9 tl3 fA b9 to A Y 0 U o c � a 8880000088�0008 C O N O o 0 0 0 0 0 0 N O Q 0 0 Y m Q O O ll1 O pp O O O M O N N r o 1O m V) fA di Vi Y O Y 0 0 0 0 0 0 0 0 0 0 g o 0 0 0 00808 0 0 o n o o m 0 885$N$8So8 V! IA N b9 e9 to t9 tl3 f9 IA A Y 0 F -C 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O �A QQ QQ N O c 0 „ o ac 000000000000000 800000 0000088� O N N 0 0 0 tD m u� fA tl3 i(1 N Q M N N f`M M^ vi w �n Fa in vi en us vj A Y C U O C F a Y 00 80000888 80 E 0 0 0 0 0 0 0 0 0 0 0 0 «� 0 L Y C � � a Y u w O m a (n (n N [n N Cn Cn (n h LL LL I (n U) J J J J J J J J J J J (n J J I oS8008888g$8gS8 ;4 _ N N m C Y c V O G N D s Y O X W w W D .N U C C h C a �_ •: c y m c O Cn C - W cc, a- 0 0 mrwX (A { �i� 2 > c9 O C W � I a.s c g c m O a ° m B v Y 1pp C C _ C W 2 C p Y _,= .N Y Y O C cn U J O Y Y O L d a 8 40 W U W U. O a R C E F y t5 o f0 lO Q Q m Q m r 7Q C7 L Q Q N 7 Q 7Q O in 0 0 ri n N C w 0 0 0 0 L6 It w O O w w Page 1 of 1 Attachment B PROJ/PROG #19014L SECOND AMENDMENT WORK AUTHORIZATION NO. 07 CONTRACT C07-07-387 FOR CONTINUING PROFESSIONAL STORMWATER MANAGEMENT DESIGN AND PERMITTING SERVICES THIS WORK AUTHORIZATION is made as of the 15th day of September 2009, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and MILLER LEGG , hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on July 24, 2007 the COUNTY entered into a Consulting Agreement (Contract No. C07-06-387) hereinafter referred to as "Contract" with the CONSULTANT to provide continuing professional stormwater management design and permitting services; and, WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The COUNTY has determined that it would like to complete a project described below: WHITE WAY DAIRY ROAD @ 5 MILE CREEK CULVERT SLEEVING TROPICAL STORM FAY (hereinafter referred to as "the Project".) 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the CONSULTANT in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-07-387). The services to be provided by CONSULTANT on the Project shall be for those as outlined in the Page 1 of 3 Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein. 3. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be billed on an hourly basis, and shall not exceed a total amount Sixty Four Thousand Two Hundred Eighty One Dollars and 29 cents ($64,281.29) an increase of $39,400.00, as further detailed in Exhibit "B". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work on or before April 21, 2010, as further described in Exhibit "C". C. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the COUNTY will suffer damages which are not capable of ascertainment or calculation, and therefore the CONSULTANT shall pay the COUNTY, as liquidated damages, a sum of One Hundred Dollars ( 100.00) per calendar day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or her designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the CONSULTANT, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONSULTANT under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. Page 2 of 3 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: MILLER LEGG BY: Print Name: Title: Page 3 of 3 c August 10, 2009 EXHIBIT A - SCOPE OF SERVICES White Way Dairy Rd Culvert Replacement 1.0 PROJECT DESCRIPTION 1.1 The Project is generally described as follows: Survey, civil engineering and permitting services for replacement of three (3) - 40 linear foot 96"x102" corrugated metal pipes with a single 80 linear foot arch or -corrugated metal "multi -plate" pipe. The pipes are located in 5-mile Creek at the intersection with White Way Dairy Road. The Project is located in Fort Pierce, Township 35S, Range 40E, Section 18 in St. Lucie County, Florida. 2.0 BASIS OF SCOPE 2.1 Survey: • The basis of existing information is the topographic survey dated March 10, 2009 developed by Miller Legg. • Should the government land corners or plat corners monuments necessary to control the site boundary be lost or obliterated by other than the Consultant, Consultant shall require additional fees if restoration of said corners is needed. • Locations of underground utilities are based on site observation and as flagged by Sunshine State One Call. Consultant cannot guarantee that all utilities will be located. If desired by Client, subsurface utility engineering services can be provided as an additional service. • Survey work shall be performed in general accordance with the Florida Board of Professional Surveyors and Mappers Minimum Technical Standards Chapter 61G17-6 Florida Administrative Code. Field survey data will be recorded electronically on digital media, and provided in AutoCad 2004 format files. • Elevations for survey data will be based on the NAVD-1988 vertical datum. ML Proposal No. 09-P0473 1 of 7 Initial: ML Client: August 10, 2009 2.2 Engineering: • The triple 96"x102" corrugated metal pipes are corroded and it is St. Lucie County's desire to replace the culverts by means of removing the existing pipes and concrete headwalls. • It is understood that the County's intent is to increase the length of the culvert such that guardrail and new headwalls will not be necessary. • The agencies with jurisdiction for this Project include St. Lucie County, North St. Lucie River Water Control District (NSLRWCD), and the South Florida Water Management District (SFWMD). Plans will be designed in accordance with standards of the above mentioned agencies. • Consultant will provide a drainage analysis and coordination with NSLRWCD to verify proper sizing of the culvert. Calculations will be required for permitting through NSLRWCD. • Traffic control measures plans (MOT) are included within this scope. • Utility relocation and design is not anticipated within this scope. • White Way Dairy Road is currently unpaved and will remain unpaved following the completion of the culvert replacement. • Wetlands determination, protected species and wildlife observations have not been performed. This scope and fee is based on the assumption that wetlands determination, permitting, mitigation and/or protected species relocation is not required. • The SFWMD Environmental Resource Permit for the surface water management system will be a noticed general permit. • Water Use permitting for dewatering activities during construction is responsibility of the Contractor. 2.3 Construction Services: • The County will be responsible for construction administration and the daily construction observation activities. It is understood that Consultant involvement will only be to the extent necessary for certification of the job through the regulatory agencies mentioned in this proposal. The County shall supply to Consultant all construction ML Proposal No. 09-P0473 2 of 7 Initial: ML Client: August 10, 2009 reports, systems testing documentation, copies of all relevant data and information which may be beneficial for the Project certification efforts performed by Consultant. • Consultant will perform the required site visits for verification of work compliance and for certification of the Project. 3.0 INFORMATION TO BE PROVIDED BY CLIENT 3.1 Copies of all relevant data, including correspondence, reports, plans, or information in its possession which may be beneficial to the work effort performed by the Consultant. 3.2 Warranty deeds or property ownership documentation as necessary for the permitting of the Project. 3.3 A letter granting access to the site for data collection purposes. 3.4 Any available as -built information of the existing conditions. 3.5 Title reports including any available right-of-way and recorded easements. 3.6 Filing and application fees, permit review fees, impact fees or other associated assessments by other agencies. Miller Legg to prepare applications and process permits. 4.0 SCOPE OF BASIC SERVICES AND FEE The scope of services to be provided by Consultant shall be as follows: SURVEY TASKS Task 1. Design, Topographic, and Project Control Surveys It is anticipated that the proposed area of improvements will require additional survey information. The Consultant will provide the following: A. Design and Topographic Survey: 1. Collect and process data on an as -needed basis to accurately depict existing conditions in the area(s) affected by the proposed extended culvert. 2. Topographic survey will include: Top of Bank, Edge of Water, toe of canal and bottom elevation. ML Proposal No. 09-P0473 3 of 7 Initial ML Client: August 10, 2009 3. Perform topographic survey of the canal right-of-way east of NSLRWCD canal No. 6 and west of NSLRWCD canal No. 36, including top of the bank and edge of water. 4. Data collected will be added to the topographic survey by Miller Legg dated March 10, 2009. FEE: Hourly Not to Exceed (NTE) $4,250.00 ENGINEERING TASKS Task 2. Civil Engineering - Consultant shall prepare construction plans and specifications for the replacement of the triple 96"x102" CMP culvert located in White Way Dairy Road. Services provided will include the following elements: • Civil engineering plans with plan views identifying the pipe or arch specifications and construction details • Demolition plans for the removal of the existing pipe and concrete headwalls • Canal and swale grading plans • Temporary construction easements • Stormwater pollution prevention plans • General notes and specifications to meet St. Lucie County requirements • Hydraulic modeling and calculations for culvert sizing, as required • Geometric Control Plans to include general layout and dimensions for construction purposes • Cross sectional views to illustrate the proposed sections and transitions to existing • Quantity take off as required per FDOT pay items and St. Lucie County. • Traffic Control/Maintenance of Traffic (MOT) plans as required by St. Lucie County • Preparation of the specification section 00300 — BID FORM for use of contractor during bidding. A, MS Word (.doc) file will be supplied to Consultant to be used as a template. This file will be modified to the specific needs of this project. • Coordination with NSLRWCD and SFWMD. Regulatory agency permitting through these agencies will be required. • Site observation and statement of work completion. ML Proposal No. 09-P0473 4 of 7 Initial: MIL Client: 4 August 10, 2009 Deliverables shall include submittals to the Client for the 45%, 90% and 100% design drawings review. The bid form will be provided at the 90% and 100% submittals. The task shall include plan revisions for each submittal. Each submittal will also include an Opinion of Probable Cost. FEE: Not to Exceed (NTE) $30,500.00 Task 3 Regulatory Agency Permitting - Consultant shall prepare engineering permit applications, calculations and support data to be submitted to the regulatory agencies. The following are the expected regulatory agencies for this project: • SFWMD — Surface Water • NSLRWCD — Culvert Crossing and Drainage Revisions required by the Regulatory Agencies shall be included in this fee. It is anticipated that Consultant will respond to up to two (2) Requests for Additional Information (RAI). Consultant fee includes certification to the permitting agencies that the project has been constructed in substantial conformance with the approved permit documents. FEE: Not to Exceed (NTE) $4,650.00 FAProposa1s\2009\09-P0473 - White Way Culvert Replacement\Documents\Contracts\09-P0473 Whiteway Culv Replace ExA 8-10- 09.doc ML Proposal No. 09-P0473 5 of 7 Initial: ML Client: August 11, 2009 EXHIBIT B — SUMMARY OF FEES August 11, 2009 TASK NOT TO NUMBER TASK EXCEED FEE 4 gOV,-. Task 1 Design, Topographic & Project Control Surveys $4,250.00 Survey Tasks subtotal $4,250.00 Task 2 Civil Engineering $30,500.00 Task 3 Regulatory Agency Permitting $4,650.00 Engineering Tasks subtotal $35,150.00 TOTAL FEE $39,400.00 FAProposals12 M09-P0473 - White Way Culvert Replacement\DocumentslContracts109-P0473 Whiteway Culv Replace Exhibit B - Fee Summary.doc ML Proposal No. 09-P0473 6 of 7 Initial: ML Client: Exhibit "C" White Way Dairy Rd Culvert Replacement Schedule of Deliverables August 28, 2009 Item NTP 45% Drawing Submittal 45% comments from SLC 90% Drawing Submittal 90% comments from SLC 100% Drawing Submittal Permit Closeout/Certification Date Wednesday, September 9th 2009 Monday, September 28th 2009 Thursday, October 1 St, 2009 Monday, October 12th 2009 Thursday, October 15th 2009 Thursday, October 22nd 2009 Wednesday, April 21 st 2010 C 'Documents and Settings\ssmtthWy Documents\09-P0473 Whiteway Culv Replace Exhibit C - schedule.doc 7 of 7 AGENDA REQUEST ITEM NO. VI-D3 DATE: 9/15/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer Asp SUBJECT: Paradise Park Subdivision Stormwater Improvements Phase 3 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102001-3725-563005-42511 Drainage Maintenance MSTU-Stormwater Mgt. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the Third Amendment to Work Authorization No. 2 (C06-04-237) with Creech Engineers, Inc. in the amount of $6,600 for a total cost of $304,920 and authorization for the Chair to sign documents 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 ( x) "L/Q1 OMB Director ( x ) Daniel McIntyre Budget Analyst Marie Gouin Originating Dept. ( x) W • County Engineer (x) ANP Wald West Michael Powley l Road/Bridge (x ) Donald Pauley Paradise Park 3 Amend 3 WA 2 Creech. ag Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director(tkA FROM: Michael Powley, County Engineer DATE: September 15, 2009 SUBJECT: Paradise Park Subdivision Stormwater Improvements Phase 3 ITEM NO. VI-D3 Background: A previous design firm initially located the dry detention ponds for this phase per the Master Drainage Plan, but without regards to County ownership. In order to develop a constructible plan, Creech Engineers, Inc. developed their 30% and 60% designs utilizing the initial dry detention pond locations for Phase 3, identified in the Master Drainage Plan. Concurrently, St. Lucie County Engineering and Property Acquisitions Divisions attempted to purchase the lots/parcels where the locations of the ponds were initially proposed. These were empty, vacant lots overgrown with vegetation and at a particular location and elevation that was ideal for the drainage system. After exhausting efforts, due to property owners who were unwilling to respond or cooperate with us on the projects, the Engineering Division was forced to have our consultant evaluate an alternative property owned by Fort Pierce Farms Water Control District (FPFWCD). Creech Engineers provided a design for the use of the FPFWCD property as a dry detention area for stormwater and proceeded with the permitting through South Florida Water Management District (SFWMD). FPFWCD later required coordination efforts and design alterations of the pond cross -sections and outfall areas, as well as additional stormwater modeling for a 10-year, 3-day storm. Creech Engineers, Inc. has provided a scope of services and cost estimate for additional engineering services and coordination efforts to be performed to redesign sections of the system and to coordinate the efforts with FPFWCD. They have also provided an updated schedule to present us with the redesign of the stormwater improvements. The additional efforts include: supporting documents of the revised pond cross -sections, revised drainage design, analysis, plan design, engineering support, and design coordination efforts. The attached Third Amendment to Work Authorization No. 2 (Attachment A) with Creech Engineers, Inc., in the amount of $6,600, is for the aforementioned additional professional services and engineering design efforts associated with the redesign of the project, for a total cost of $304, 920. Engineering Division Memorandum September 15, 2009 Item No. VI-D3 Page 2 Previous Action: October 10, 2006 - Work Authorization No. 2 with Creech Engineers, Inc. in the amount of $183,400 for the design of the Paradise Park Subdivision Stormwater Improvements Phase 3. November 6, 2007 - First Amendment to Work Authorization No. 2 with Creech Engineers, Inc. in the amount of $96,420 for additional engineering analysis and associated services for the FPFWCD right-of-way. November 25, 2008 - Second Amendment to Work Authorization No. 2 with Creech Engineers, Inc. in the amount of $18,500 for design modifications to the stormwater areas. Recommendation: Board approval of the Third Amendment to Work Authorization No. 2 (C06-04-237) with Creech Engineers, Inc. in the amount of $6,600 for a total cost of $304,920 and authorization for the Chair to sign documents as approved by the County Attorney. Attachment A — Third Amendment Attachment A THIRD AMENDMENT TO WORK AUTHORIZATION NO. 2 Proj. 42511 Engineering Services Stormwater Management C06-04-237 Paradise Park Phase 3 Pursuant to that certain Agreement between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Creech Engineers, Inc. (the "Engineer") dated May 12, 2006, is hereby amended to provide additional design services, an increase of $6,600.00, for a total cost of $304,920.00. All work shall be completed on or before April 30, 2011. The Engineer's additional Scope of Services described in Exhibit "A" Compensation described in Exhibit "B", and Schedule described in Exhibit "C" are attached hereto and make a part hereof. All other terms and conditions of Work Authorization No. 2 (C06-04-237) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below: ATTEST. WITNESSES BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ME CHAIR Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ENGINEER Am Print Name: Creech Engineers, Inc. Date: PARADISE PARA' ROADWAYAND DR411VAGE7M.AR01,1EMEA/TS St. Lucie County Engineering Contract No. C06-04-23-7 SUPPLEMENTAL SCOPE OF SERVJCES August 27, 2009 Page 2 of 5 Exhibit A SCOPE OF SUPPLEMENTAL SERVICES Task 17 —Fort Pierce Farms Water Control District Permitting The Engineer will perform the following tasks A Provide supporting documents, construction plans and application forms for submittal to FPFWCD; B Meet with FPFWCD District Engineer to discuss the request for additional information, C Respond to comments from the District Engineer and revise the construction plans accordingly, D Provide a detail of the outfall and rip -rap re -construction; E Model with ICPR the runoff of the 10 year-3 day storm, F Provide additional detail of the cross -sections of the berm along the canal, G Submit revised plans, H Attend FPFWCD Board meetings for approval of the project, I. Model 18" storm event to determine impacts to bank stabilization, J Revise plans and stormwater report to address concern from FPFWCD K Submit letter of modification to SFWMD, ADDITIONAL SERVICES The Engineer will provide, as requested by the County, additional services that require analyses beyond those described above. These additional services may include, but not limited to A Additional meetings, B Additional permitting services, C Additional slope stability calculations, D Alternative designs (re value engineering revisions past 90% plan development) or alternate bid items, E Construction field meetings, F Construction observation and support, including construction inspection, shop drawing review, or preconstruction conference and coordination, G Additional engineering and/or surveying services beyond the scope of this contract Additional services, should they be requested, will be provided on a Time and Materials (Hourly) basis or on the basis of a mutually agreed upon Lump Sum Fee 1of4 PARADISE PARK ROADWA Y AND DRAINAGE IMPROVEMENTS St. Lucie County Engineering Contract No C06-04-237 SUPPLEMENTAL SCOPE OF SERVICES August 27, 2009 Page 3 of 5 DOCUMENTS PROVIDED BY THE COUNTY It is understood the following items will be, or have been, provided by the County A. FPFWCD Application Fees FEES AND BILLING Billing will be invoiced monthly based on the percentage complete for Lump Sum Tasks and for services actually provided for Time and Materials (Hourly) Tasks. Reimbursable expenses are included in the Lump Sum Fees SUMMARY The Engineer is extremely pleased to provide you with our professional services as outlined above Our fees for the above listed services do not include permit or filing fees. This proposal along with the attached General Conditions represents the entire understanding between the County and the Engineer with respect to the Project, and may only be modified in writing and signed by the County and the Engineer If this satisfactorily sets forth your understanding of our agreement, please attach this to the County's Standard Agreement for Services, forward this for approval by the County, and return it to the Engineer's Stuart address 729 S Federal Highway, Suite 222, Stuart, Florida 34994 Sincerely; Octavio 'Oats' Reis, P E. Project Manager Creech Engineers, Inc. oreis cDcr eechinc_ com OR/or 2of4 P4 RADISE PARK ROAD KA Y ANC DR4IN4GE IMPROI1EMENT5 SUPPL EMENTAL SCOPE OF SER VICES St Lucie County Engineering August 27, 2009 Contract No C06-04-237 Page 4 of 5 Exhibit B FEE SCHEDULE The Engineer will provide the services outlined above for the Lump Sum Fees as detailed below TASK FEE Task 17 — Fort Pierce Farms Water Control District Permitting $6,600.00 Total: $6,600.00 The work effort to achieve the above can be broken down as follows. Professional Hours Rate Total Professional Engineer 24 $13&00 $3,120.00 Project Engineer 1 24 $ 6500 $1,560.00 Technician 11 32 $ 60.00 $1,920.00 Total $6,600.00 Cancellation of individual lump sum task by County prior to completion shall be subject to payment for time and expenses incurred up to point of cancellation. Additional services, if required, will be provided on a Time and Materials (hourly) basis or on the basis of a mutually agreed upon lump sum fee Reimbursable expenses are included in the listed fees. 3 of 4 PARADISE PARK ROADWA YAND DRAINAGE IMPROVEMENTS St Lucie County Engineering Contract No C06-04-237 SUPPLEMENTAL SCOPE OFSERVICES August 27, 2009 Page 5 of 5 Exhibit C Revised Project Schedule August 27, 2009 St. Lucie County Public Works Paradise Park Drainage and Roadway Improvements CEI Project No. 26011.01 I Timetable Duration Date Weeks Additional Design, Permitting (6 weeks) Receive notice to proceed 15 Sep 09 Submit to FPFCWD, SFWMD for permit 2 29 Sep 09 Receive FPFWCD, SFWMD permit 4 27 Oct 09 Construction (eighteen months) 78 30-Mar-11 Total (20 months) 83 30 Apr 11 4of4 A - ITEM NO. VI -El DATE: AGENDA REQUEST REGULAR PUBLIC HEARING INVESTMENT FOR THE FUTURE LEG. QUASWD CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: '— Don McLam ' SUBMITTED BY: BY: Central Services Assistant Director SUBJECT: Reallocation of funds. BACKGROUND: See attached memorandum. 09/15/09 FUNDS AVAILABLE: 001-1931-546200-15010 Maint. Improvement Projects (pending BOCC approval) 001-1931-546200-150097 Maint. Improvement Projects (pending BOCC approval) 001-1931-546200-150048 Maint. Improvement Projects (pending BOCC approval) 001-1931-546200-1526 Maint. Improvement Projects (pending BOCC approval) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to reallocate FY 08/09 IFF funds in the amount of $81,500 to move forward with roof repair projects, painting, a/c repairs, demolition and renovation projects. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( x)j OMB Director 4� Budget Analyst Dan McIntyre Originating Dept. ( x ) &610-- Roger A. Shinn (x) 6 &<-0 Marie Gouin Robert O'Sullivan ERD ( ) (Name) H: 1 AGENDA 349 Central Services MEMORANDUM TO: Board of County Commissioners THROUGH: Roger A. Shinn, Director 6R4_ FROM: Don McLam, Assistant Director_ Central Services DATE: September 15, 2009 SUBJECT: Reallocation of funds ITEM NO. VI -El Background: The Administration Complex exterior waterproofing and painting project was completed under budget and staff wishes to proceed with other maintenance projects that need attention. Two projects budgeted for FY 08/09 need additional funding to move forward and complete, these include Old Courthouse/penthouse roof repairs and a boiler replacement at Sheriff Administration. The other maintenance projects include a roof coating to prolong roof life, a/c repairs to increase energy efficiency, painting, renovation and demolition. Investment for the Future funds in the amount of $81,500 is available from the waterproofing project and staff is seeking approval to reallocate these funds. Roof repairs • Old Courthouse/penthouse roof -add lower roof (Project was originally budgeted to replace the penthouse roof only. The lower roof will need to be replaced as well.) Sheriff Administration -replace 2"d boiler (Additional funds needed to purchase boiler and costs for installation.) Roof repairs 7th Street Juvenile Court bldg.-roof coating Paintin 7th Street Juvenile Court -paint exterior A/C repairs S.C. Annex -engineering for a/c renovation Demolition/renovation • 411 N. 7th Street bldg.-demolition Administration Annex/Economic Development -renovation Funds needed $15,000.00 — ($35,000 budgeted FY 08/09) $20,000.00 — ($25,000 budgeted FY 08/09) $14,000.00 $ 5,000.00 $20,000.00 $ 7,500.00 ($15,000.00) — (funding already in place) $81,500.00 FY 08/09 IFF Funds in the amount of $15,000 needed for Economic Development office space renovation is available and in the Administration Annex maintenance project account. As a result, these funds will not need to be transferred, staff is solely seeking approval to use these funds for the renovation work. Recommendation: Board approval to reallocate FY 08/09 IFF funds in the amount of $81,500 to move forward with roof repair projects, painting, a/c repairs, demolition and renovation projects. ITEM NO. VI-E2 DATE: 09/15/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) INVESTMENT FOR THE FUTURE LEG. ( ) QUASI -JD ( ) CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don McLam -3" SUBMITTED BY: Central Services Assistant Director SUBJECT: Award of Bid 09-064, State Attorney's office air condition project. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1931-562000-161 Buildings -Central Services (pending BOCC approval) (x) PREVIOUS ACTION: July 7, 2009 — BOCC approval of Resolution No. 09-189, addition of State Attorney's office a/c maintenance project to the local economic stimulus projects list. RECOMMENDATION: Board approval to award Bid No. 09-064 to S&S Air Conditioning, bid amount of $412,417, reallocate FY 08/09 Investment for the Future funds in the amount of $70,677 and authorize the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: �) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Signatures County Attorney ( x ) Dan McIntyre Originating Dept. ( x } 6Xy Roger A. Shinn H: \ AGENDA - 346 CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director (x) 1/�1,�,�/� / Budget Analyst j wy1 � / Marie Gouin Robert O'Sullivan Purchasing ( x) k Desiree Cimino >> Central Services MEMORANDUM TO: Board of County Commissioners THROUGH: Roger A. Shinn, Directoo� FROM: Don McLam, Assistant Diredtor_=��1v— — Central Services DATE: September 15, 2009 SUBJECT: Award of Bid 09-064, State Attorney's office air condition project ITEM NO. VI-E2 Background: Invitation to bid went out July 7, 2009 for Bid No. 09-064, State Attorney's office air condition project, a local economic stimulus project. Twenty four air conditioning units will be replaced with 24 high efficiency 14 SEER air conditioning units. The 24 existing units are located on the roof, 12 new units will be placed at ground level and 12 units installed on the roof. To provide improved indoor air quality a fresh air intake unit installed on the roof is included in this project. Bids were due August 26, per Demandstar.com 391 companies were notified, 15 bid documents distributed and four bids received (Attachment 1). The lowest bid, S&S Air Conditioning of Port St. Lucie (St. Lucie County), came in at $412,417 with 75% local labor, 75% local supplier and 75% local subcontractors. Bids came in over budget and staff is requesting to reallocate available Investment for the Future (IFF) funds leftover from maintenance projects completed under budget, IFF funds in the amount of $70,677 are available. Project completed under budget Available IFF funds Morningside Library -waterproof and $69,750.00 paint exterior Public Defender -paint exterior $ 917.00 $70,677.00 Reallocated IFF funds in the amount of $70,677 added to the project budget of $381,750 provides a project total of $452,417; this amount includes a $40,000 project contingency. r Recommendation: ' Board approval to award Bid No. 09-064 to S&S Air Conditioning, bid amount of $412,417, reallocate FY 08/09 Investment for the Future funds in the amount of $70,677 and authorize the Chair to sign documents as approved by the County Attorney. BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - BID #09-064 STATE ATTORNEYS OFFICE A/C PROJECT OPENED: AUGUST 26, 2009 AT 2:00 PM ATTACHMENT I PURCHASING DEPARTMENT FOUR (4) submittals were received for subject proposal: TOTAL ECONOMIC STIMULUS A/C PROJECT S & S AIR CONDITIONING INC. 534 NW Mercantile Place,#104, Port St. Lucie, FL 33986 $ 412417 Local Labor: 75% Phone: 772-924-3000 ,.00 Local Supplier: 75% Facsimile: 772-336-5513 Local Subcontractors: 75% AIR MECHANCIAL & SERVICE CORP. 325 Anchor Road, Casselberry, FL 32707 $442,000.00 Local Labor: 75% Phone: 407-699-0454 Local Supplier: 75% Facsimile: 407-699-0690 Local Subcontractors: 50% GRIMES HEATING THREE G'S INC. 3054 N. US 1 Highway, FL 34946 $445,000.00 Local Labor: 90% Phone: 772-461-8711 Local Supplier: 75% Facsimile: 772-461-8722 Local Subcontractors: 75% KOLDAIRE INC. 5181 NW 109"' Ave., Sunrise, FL 33351 $477,234.00 Local Labor: 80% Phone: 954-747-3690 Local Supplier: 75% Facsimile: 954-747-3679 Local Subcontractors: 75% Number of companies notified*: 391 Number of bid documents distributed*: 15 Number of bids received: 4 *per demandstar.com 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 Administrator — FAYE W. OUTLAW, MPA 2300 Virginia Avenue — Fort Pierce, FL 34982-5652 — Phone (772) 462-17DO — TDD (772) 462-1428 Website: www.co.st-lucie.fl.us ITEM NO. VI-E3 DATE: 09/15/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) INVESTMENT FOR THE FUTURE LEG. ( ) QUASI -JD ( ) CONSENT (x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don McLam fx`�---4-- SUBMITTED BY: Central Services Assistant Director SUBJECT: Demolition of storage building at 411 N. 7'h Street. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1931-563000-150097 Maint. Improvement Projects (pending BOCC approval) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to remove the storage building at 411 N. 71h Street from capital assets, and complete demolition and removal of the building. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( x ) Budget Analyst Dan McIntyre Originating Dept. ( x) Q(A-- Purchasing ( x ) Roger A. Shinn Human Resources ( x ) m 4 i4 -�411) Marie Gouin Robert O'Sullivan H: \AGENDA 350 Central Services MEMORANDUM TO: Board of County Commissioners 6tp- THROUGH: Roger A. Shinn, Director FROM: Don McLam, Assistant Direc or l? Central Services DATE: September 15, 2009 SUBJECT: Demolition of storage building at 411 N. 7th Street ITEM NO. VI-E3 Background: On August 28, 2009 the vacant storage building at 411 N. 7th Street was evaluated by Dan Lutzke, St. Lucie County Interim Risk Manager. The evaluation was done to see if there was potential for use as an occupied work site. Upon inspection of the building the tile flooring appears to be of the old asbestos based material and has sustained water intrusion at some point in the past and there are indications of probable mold buildup on the interior and exterior walls. Risk Management does not recommend this building, in its current state or even a repaired and updated condition, as a valuable work site for the County, as per Attachment 1. Staff is seeking approval to remove the storage building from capital assets, as per Attachment 2. Total costs for complete demolition and removal of the building is $7,500. • Pre -demolition asbestos survey. $ 805.00 • Building demolition and removal. $4,900.00 • Install additional fencing to close in existing fenced in area of building. $1,795.00 $7,500.00 Recommendation: Board approval to remove the storage building at 411 N. 7th Street from capital assets, and complete demolition and removal of the building. ATTANMENT 3 ' RISK MANAGEMENT /SAFETY MEMO To: Roger Shinn, Projects Coordinator Date: August 31, 2009 From: Dan Lutzke, Interim Risk Manager CC: Subject: Vacant Storage Building at 411 N. 71h Street. On August 28, 2009 I inspected the above small out building to evaluate its potential for use as an occupied work site. This inspection showed the following aspects / factors of the building: Sand bags stationed at the front entrance make it clear that the adjacent creek floods frequently at levels that result in water intrusion. This is an enclosed, sealed building that quickly creates a claustrophobic atmosphere within the building. There is only one restroom. The flooring is about 50% / 50% tiled and bare concrete. The tile appears to be of the old asbestos based material that would need to be carefully removed so as to not further contaminate the interior atmosphere. The building had suffered water intrusion at some point in the past and there are indications of probable mold buildup on the inside of the wallboard as well as the exterior walls. Based on flood insurance requirements for adjacent or nearby county buildings at this almost sea level elevation, were this building to be put into any form of use we would need to purchase Flood Insurance. Annual Flood Insurance Premiums for the other area buildings are in excess of $3,000 each. Risk Management does not recommend this building, in its current state or even a repaired and updated condition, as a valuable work site for the county. Other existing county buildings can provide a better, safer work premises. To bring this building to a level that permitted ADA compliant occupancy would be more costly than the value the building might eventually provide. Even then, employees would tend to find the enclosed atmosphere to be an undesirable work location and the frequent flooding of the area around the building would continue to persist. b. ATTACHMENT ST. LUCIE COUNTY REPORT OF DONATION/DISPOSITION OR TRANSFER OF PROPERTY NON -EQUIPMENT ASSETS TODAY'S DATE 9/2/2009 1. ACCOUNT NUMBER USED (IF KNOWN) 2. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # CENTRAL SERVICES/ADMINISTRATION 3. LOCATION CODE (IF KNOWN) 4. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO Q IF YES, DEPARTMENT NAME 5. DISPOSING OF ITEM? YES (�) NO 0 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 7. DESCRIPTION OF PROPERTY SMALL BUILDING LOCATED AT 411 N. 7TH STREET, FORT PIERCE, FL. 8. IF DONATED PROVIDE FAIR MARKET VALUE OR DONATING PARTY'S ACQUISTION COSTS 9. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) DEMOLITION ( � 2*: r". - , - - I �!! � 9 I �_ /09 DEPARTMENT READ OR AUTHORIZED PERSON IDATL THIS FORM IS TO BE USED FOR ALL CAPITAL ASSETS DONATED, DISPOSED OF, OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER (OTHER THAN EQUIPMENT): A. When accepting a donation, fill this form out, and submit to Finance. Finance will send to OMB for Board approval. (If you are not sure of any of the information requested, you will need to call the vendor and/or Finance). This information is extremely important for the capital asset subsidiary records. B. If disposing of or transferring an item fill out form and send to Finance. C. Please attach any approved board agendas for demolition, donation agreements, documentation of fair market value, and/or donating party cost. i AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Central Services SUBJECT: Spot cooler for Rock Road Jail. BACKGROUND: See attached memorandum. ITEM NO. DATE: REGULAR PUBLIC HEARING LEG. QUASWD CONSENT PRESENTED BY: Don McLam >— Assistant Director VI-F 09/15/09 FUNDS AVAILABLE: 107-1940-564000-100 Equipment -Central Services (pending BOCC approval) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Amendment No. 09-043 and Equipment Request No. 09- 049 to purchase a spot cooler in the amount of $3,346.75 for Rock Road Jail. COMMISSION ACTION: APPROVED ( ) DENIED ( OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( x) OMB Director ( x) y� Budget Analyst '' 1 Dan McIntyre U Marie Gouin Tawanna Johnson Originating Dept. ( x) 6� ERD ( ) Roger A. Shinn (Name) H: 1 AGENDA 348 Central Services MEMORANDUM TO: Board of County Commissioners THROUGH: Roger A. Shinn, Directorate' FROM: Don McLam, Assistant Director `�V Central Services DATE: September 15, 2009 SUBJECT: Spot cooler for Rock Road Jail ITEM NO. VI-F Background: The security equipment to operate door controls and cameras at Rock Road Jail are housed in a 12x15 equipment room. The electronic equipment puts off a lot of heat and the equipment is sensitive to extreme changes in temperature. A portable spot cooler is an ideal solution to cool the room as needed. Cost to purchase a spot cooler is $3,346.75. Jail maintenance funds in the amount of $3,347 are available and staff is requesting use of the funds to purchase a spot cooler for Rock Road Jail through Budget Amendment No. 09-043 and Equipment Request No. 09-049, as shown in Attachment 1 and Attachment 2. Recommendation: Board approval of Budget Amendment No. 09-043 and Equipment Request No. 09-049 to purchase a spot cooler in the amount of $3,346.75 for Rock Road Jail. so ATTACHMENT I ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2008-2009 DEPARTMENT: CENTRAL SERVICES RECOMMENDED: YES NO REVISED DIVISION: JAIL MAINTENANCE APPROVED: YES NO REVISED MW -Rr NOW EQUIPMENT: SPOT COOLER ADDITIONAL COST BUDGET AMOUNT: $3,347 X NEW REPLACEMENT YES X NO z ..,� --. ,.. ,-?� Si- .• . <.>a *...., �. k - �...-z ,a, .. ` ..., .+F ^r x-.mow... , JUSTIFICATION: The spot cooler will be used to cool the room that houses the security equipment. This equipment operates the door controls and cameras at the Rock Road Jail. EQUIPMENT REQ#: CSEQ09-049 ACCOUNT#: 107-1940-564000-100 ATTACHMENT 2 ft BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Central Services PREPARED DATE: 8/28/2009 AGENDA DATE: 9/15/2009 ACCOUNT NUMBER AC, TO: 107-1940-564000-100 Machinery & Ea FROM: 107-1940-546100-100 REASON FOR BUDGET AMENDMENT: A/C Spot Cooler CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: INT NAME AMOUNT lent $3,347 n/a n/a 09-043 Or Email Quote Form 8/28/2009 8:55 AM IscacAers GSA # GS-21 F-0004K Exp Date: April 20, 2010 Quote Valid For 60 Days SPA # 0303196 My Florida.com Contract EMAIL: robert.b.bennett@spot-coolers.com FAX 888-750-5082 Remittance Address: PO Box 906322, Charlotte, NC 29290-5322 PH 800-367-8675 "Thank you for the opportunity to send you pricing on our products and services." To: Robert Ettswold Company: St. Lucie County Purchase: Yes Phone: 772 462 2136 Rentals: Email: ettswoldb(a)stlucieco.ora Fax: Item or Description Unit U Total Quantity Part Number Products or Services Prices M Price Purchase Of A Classic Plus 26 Portable A/C Unit / 208 - 230 / 1 1 01-0026 Classic Plus 26 / 208 - 230 / 1 $ 2,950.00 EA $ 2,950.00 1 08-0020 12" Flange $ 38.50 EA $ 38.50 1 09-0022 12" Ceiling Kit $ 96.25 EA $ 96.25 1 08-0174 Condensate Pump $ 112.00 EA $ 112.00 1 Delivery $ 150.00 LOT $ 150.00 Thanks for the Opportunity! Guaranteed Low Price! - Bob Tax If Applicable Is Extra Terms: To Be Determined Terms: ALL major credit cards accepted: AMEX, VISA, Mastercard, Discover Or: COD - Check on Delivery Total of Items Plus Applicable Taxes Shipping Charges Delivery Charges Lead Time: Total of all items: Bob Bennett robert.b.bennett@spot-coolers.com 800 367 8675 $3,346.75 $0.00 $0.00 $0.00 Notes Confidential Page 1 L AGENDA REQUEST «= 1 1 I i -1 1 -�••i ITEM NO. VI-G DATE: 09/15/09 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Interim Risk Manage SUBJECT: Prison Health Services Inmate Health Care For FY 08-09 Third Quarter Invoice. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval) PREVIOUS ACTION: First and Second Quarter Invoices for Contract Year have been paid. RECOMMENDATION: Board approval for payment of Prison Health Services invoice number PHS0006248 for the Third Quarter period of April 1, 2009 to June 30, 2009, in the amount of $269,871.05. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) Originating Dept. ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst ERD O ( arie Go ) O (Name) "17 COUNTY . F L O R I D A Human Resources/Risk Management MEMORANDUM TO: Board of County Commissioners THROUGH: Carl Holeva, Human Resources irector - FROM: Daniel J. Lutzke, Interim Risk Manager DATE: September 8, 2009 SUBJECT: Prison Health Services Inmate Health Care For FY 08-09 Third Quarter Invoice. ITEM NO. V1-G Background: Prison Health Services (PHS) acts as a third party administrator for prisoner health care and manages and pays for medical care expenses for incarcerated jail inmates that is provided off -site (outside the Jail). PHS is then reimbursed by the County according to contract for those medical services, including psychotropic drugs. Alliance Medical Management, the Sheriff's Office Medical Consultant, has reviewed the above mentioned invoice and supporting documentation and certified them to be correct as presented. Attachments A. Alliance Medical Management certification of accuracy of Invoice Number PHS0005578. B. Prison Health Services Invoice number PHS0005587 in the amount of $ 269,871.05. Recommendation Board approval for payment of Prison Health Services invoice number PHS0006248 for the Third Quarter period of April 1, 2009 to June 30, 2009, in the amount of $269,871.05. Attachment A August 26, 2009 Ms. Marcie Wallace, Risk Manager St Lucie County 2300 Virginia Avenue Ft Pierce, FL 34982 Dear Ms. Wallace; - This latter is to inform you that I have recaivad PITS' invoice # P iS0006249 for the mood of $269,871.05. It is the oorract invoice amol for the Paiod of Oct. 1, 2009 to June 30, 2009. Please let me know if I can be of further assistance. Philip I%jlscher, Presidat Alliance Medical Management Contract Monitor St Ludo County Sheriil's Office n 09/01/2009 TTIF. 15c17 ITT/RT Nn Qd591 nnn9 Prison Health Services, Inc. 105 Westpark Drive, Suite 200 Brentwood, TN 37027 1-800-729-0069 ext. 338 IN 23-2108853 Invoice Number: PHS0006248 ST LUCIE COUNTY SHERIFF'S DEPT July 23, 2009 ATTN: TOBY LONG 4700 WEST MIDWAY ROAD FORT PIERCE, FL 34981 Customer Number: 1534B Aggregate CAP Psychotropics for 10/1/08-9/30/09 as of Jun09 Utilization & HIV for 10/1/08-9/30/09 as of Jun09 Amount Due: $269,871.05 Remit Payment To: Prison Health Services, Inc. 12464 Collection Center Drive Chicago, IL 60693 Payment Due Date: August 22, 2009 Attachment B ($3,795.04) $273,666.09 Account Terms: NET 30 DAYS ``PLEASE DOCUMENT IF INVOICE IS NOT PAID IN FULL""` QUARTERLY INVOICE St. Lucie County, FL Aggregate Report for Contract Year: October 1, 2008 through September 30, 2009 Psychotropics For the month ended: June 30, 2009 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ 61,526.00 Annual Aggregate Total: $ 61,526.00 100% bill back over $ 61,526.00 Summary of Aggregate Calculation through 06/30/09: Pharmacy - Psychotropic Meds: Total Paid through 06/30/09: Aggregate Limit (PHS responsibility) pro -rated 9 months: Total PHS responsibility as of 06130/09: Amount over Aggregate Limit due from County Less: Invoice PHS0005425 Less: Invoice PHS0005847 $ 65,429.21 $ 65,429.21 $ 46,144.50 $ 46,144.50 $ 19,284.71 $ 1,819.06 $ 21,260.69 $ 23,079.75 Amount Due This Invoice $ (3,795.04) QUARTERLY INVOICE St. Lucie County, FL Aggregate Report for Contract Year: October 1, 2008 through September 30, 2009 Utilization and HIV Meds For the month ended: June 30, 2009 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ 105,000.00 Annual Aggregate Total: $ 105,000.00 100% reimbursement of difference to the county if below $ 105,000.00 100% bill back over $ 105,000.00 Summary of Aggregate Calculation through 06/30/09: Paid Claims Pharmacy - Dialysis Medications Pharmacy - Cancer Medications Pharmacy - Chemotherapy and Transplant Medications Pharmacy - HIV/Protease Inhibitors: Total Paid through 06/30109: Aggregate Limit (PHS responsibility) pro -rated 9 months: Total PHS responsibility as of 06/30/09: Amount over Aggregate Limit due from County Less: Invoice PHS0005425 Less: Invoice PHS0005847 $ 234,999.74 $ 424,542.92 $ 719,731.51 S - S - $ 440.00 $ 291,787.24 $ 1,011,958.75 $ 78,750.00 $ 78,750.00 f 933,208.75 $ 659,542.66 Amount Due This Quarter $ 273,666.09 N no a 7mom c6u NTY FLO R 1 D A AGENDA REQUEST ITEM NO. VI — H1 DATE: 09/15/2009 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Laurie Waldie SUBMITTED BY: Utilities Department Utility Director SUBJECT: Approval of Amendment #2 to Work Authorization #22 for Camp Dresser & McKee to increase the lump sum amount from $61,700 to an amount not to exceed $79,830 for finalization of the rate study. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 471-3604-531000-300 Professional Services PREVIOUS ACTION: December 4, 2007 — BOCC approval of Work Authorization #22. January 27, 2009 — First amendment to Work Authorization to include additional services and costs. RECOMMENDATION: Board approval of Amendment #2 to Work Authorization #22 for Camp Dresser & McKee to increase the lump sum amount from $61,700 to an amount not to exceed $79,830 for finalization of the rate study. COMMISSION ACTION: CONCURRENCE: (�) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X) ^ ak-1 Budget Analyst Dan McIntyre Marie G uin / Robert O'Sullivan Originating Dept. (X) L-L,{ t�,j��° ERD ( ) Laurie Waldie c6ouNTY F L 0 R I D A v TO: Board of County Commissioners FROM: Laurie Waldie, Utility Director DATE: September 15, 2009 Utility Department MEMORANDUM SUBJECT: Approval of Amendment #2 to Work Authorization #22 for Camp Dresser & McKee for Finalization of the Rate Study ITEM NO. VI — H1 Background: The original rate study was started in early 2008 by Camp Dresser & McKee, Inc. (CDM) for the St. Lucie Water and Sewer District that includes the Utility North County service area (Airport, Holiday Pines, Portofino Shores, and Indian River Estates), Lakewood Park/HEW service area, and North Hutchinson Island. Rates were subsequently adopted April 2009. An across-the-board increase was implemented May 1, 2009 to provide for the revenue requirements of the Utility. Rate consolidation was delayed. This amendment provides for completion of the rate study by CDM through additional analysis of the Utility costs, customer base, projected demands, and revenue sufficiency. The results will be consolidated Utility potable water, wastewater and reclaimed water rates for all service areas. This analysis will provide utility staff the appropriate recommendations to adjust rates for full recovery of the cost of operations by consolidation of the existing rates, fees and charges into St. Lucie County Utilities District wide rates. This amendment increases the contract lump sum amount from $61,700 to $74,830 with a $5,000 contingency to be utilized if needed for finalization of the rate study. The purpose of this amendment is to cover additional study services associated with the preparation of additional analyses and reports, plus attendance at additional meetings. Recommendation Board approval of Amendment #2 to Work Authorization #22 for Camp Dresser & McKee to increase the lump sum amount from $61,700 to an amount not to exceed $79,830 for finalization of the rate study. AGENDA REQUEST ITEM NO. V1— H2 DATE: 09/15/2009 REGULAR ( ) PUBLIC HEARING ( } LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Laurie Waldie SUBMITTED BY: Utilities Department Utility Director SUBJECT: Approval of the asset transfer of the Vactron Sewer Cleaning System (PR#700369) from the Utilities Department to the Solid Waste Department and accepting $2,200 from such into Utilities FY 2008/2009 budget. Also, request approval of Budget Amendment #09-044 and Equipment Request #09-051. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Budget Amendment #09=044 moving funds from 401-3410-599300-300 Solid Waste Reserves to 401-3410-564000-300 Solid Waste Machine & Equipment, PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the asset transfer of the Vactron Sewer Cleaning System (PR#700369) from the Utilities Department to the Solid Waste Department and accepting $2,200 from such into Utilities FY 2008/2009 budget. Also, approve Budget Amendment #09-044 and Equipment Request #09-051. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED _ f_� ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator County Attorney ( X ) Originating Dept. ( X ) Coordination/Signatures i Dan McIntyre Wlil ( s i' { Laurie Waldie OMB Director (X) h , /�`Budget Analyst fj Marie 6ouin / obert O'Sullivan Solid Waste (X) " Leo Cordeiro Utility Department MEMORANDUM TO: Board of County Commissioners FROM: Laurie Waldie, Utility DirectorU DATE. September 15, 2009 SUBJECT: Approval of the asset transfer of the Vactron Sewer Cleaning System (PR#700369) ITEM NO. VI — H2 Background: The Utilities Department owns a specialized piece of equipment called a Vactron Sewer Cleaning System which is a large trailer mounted vacuum system used for vacuuming out material from lift stations, catch basins and sewer systems. Based on certain permitting and operating guidelines, the Utilities Department has found limited cost effective work for this equipment. The Solid Waste Department has a use for this Vactron Sewer Cleaning System which will utilize the equipment to its fullest extent, therefore the Utilities Department is requesting permission to transfer this equipment from our inventory to the Solid Waste Department inventory in consideration of $2,200. Recommendation Board approval of the asset transfer of the Vactron Sewer Cleaning System (PR#700369) from the Utilities Department to the Solid Waste Department and accepting $2,200 from such into Utilities FY 2008/2009 budget. Also, approve Budget Amendment #09-044 and Equipment Request #09-051. Attachments BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: ACCOUNT NUMBER TO: 401-3410-564000-300 FROM: 401-3410-599300-300 REASON FOR BUDGET AMENDMENT Utilities Department. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: Solid Waste 9/8/2009 9/15/2009 ACCOUNT NAME & Eoubment Reserves To Durchase Vactron sewer clean n/a n/a BA09-044 AMOUNT m from $2,200 ITEM NO. VI — H3 . L!J COUNTY F L O R 1 D A AGENDA REQUEST DATE: 09/15/2009 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Laurie Waldie SUBMITTED BY: Utilities Department Utility Director SUBJECT: Approval to purchase a storage/office shed for the Holiday Pines Wastewater Treatment Plant in the amount of $3,640 and approval of equipment request EQ09-050. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 471-3600-564000-300 Machinery & Equipment PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to purchase a storage/office shed for the Holiday Pines Wastewater Treatment Plant in the amount of $3,640 and approval of equipment request EQ09-050. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X) OMB Director Budget Analyst Dan McIntyre Originating Dept. (X) % �t-� �� Other Laurie Waldie (X)WVA 1AV Marie ouin / Robert O'Sullivan COUNTY F L 4 R I D A TO: Board of County Commissioners FROM: Laurie Waldie, Utility Director .J DATE: September 15, 2009 Utility Department MEMORANDUM SUBJECT: Storage/office Shed for the Holiday Pines Wastewater Treatment Plant Purchase ITEM NO. VI — H3 Background: Currently materials to be utilized at Holiday Pines Wastewater Treatment Plant are stored on North Hutchinson Island in a structure that is scheduled to be demolished. In addition, the plant operator has no on -site facilities to complete required paperwork. The Utility is requesting to purchase and place a storage/office shed at the Holiday Pines Wastewater Treatment Plant with the storage portion of the shed receiving the equipment, material and tools. The office portion of the shed will serve as a location to conduct meetings, review plans, complete required paperwork and to store plans and wastewater treatment plant operation and maintenance records. Of the three quotes only one met the Utilities requirements and the DCA number required by the State of Florida. Funds are available in the Utility capital account. Recommendation Board approval to purchase a storage/office shed for the Holiday Pines Wastewater Treatment Plant in the amount of $3,640 and approval of equipment request EQ09-050. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2008-2009 DEPARTMENT: Utilities RECOMMENDED: X I YES NO REVISED DIVISION: APPROVED: YES NO REVISED EQUIPMENT: Storage/Office Shed ADDITIONAL COSTS $500 BUDGET AMOUNT: $3,640 X NEW I REPLACEMENT X YES I NO JUSTIFICATION: The Storage/Office shed is to be placed at the Holiday Pines wastewater treatment plant with the storage portion of the shed receiving the equipment, material and tools currently stored in an offsite structure which is scheduled to be demolished. The office portion of the shed will serve as a location to conduct meetings, review plans, complete required paperwork and to store plans and wastewater treatment plant operation and maintenance records. ADDITIONAL COSTS: Dedicated 120V 60A electrical line estimated cost: $500 EQUIPMENT REQ#: EQ09-050 ACCOUNT#: 471-3600-564000-300 08/14/2009 09:50 7724644683 THURMANS PAGE 01/02 Phone (772) 464-4077 SAM 8, VONNIE WATERS Home (772) 464-3531 0 Owners r � THuRMAIN"s 2775 North U.S_ 1 Fort Pierce, Florlda 34946 c, �L Date _ 114e ,/a w Name _r�r G_- OG rt Address prs 0 0o pede, '9a ov �fooG INFORMED OF PERMIT & TIE DOWN REQUIREMENTS Received ORl4 7C75 . PF.'itiT7/!i; 1- NEARY 'M P COUNTY F LORI D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Grants/Disaster Recovery Department ITEM NO. VI-11 DATE: 9/15/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: A` William Hoeffner A10 Grants/D. Recovery Director South Florida Water Management District St. Lucie River Issues Team Program — Grant Application See attached memorandum. Drainage Maintenance MSTU-Stormwater Management Account # 102001-3725-563006-42512 PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to submit a grant application to the South Florida Water Management District St. Lucie River Issues Team Program requesting funds of $25,000 for the North Fork Water Quality Monitoring Project. COMMISSION ACTION: (X) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) P/ OMB Director Dan McIntyre Budget Analyst Originating Dept. ( ) l/ Public Works Director i If m Hoeffner Marie Gouin t Tawonna Johnson D nald West COUNTY F L O R 1 D A Grants/Disaster Recovery Department MEMORANDUM TO: Board of County Commissioners FROM: William Hoeffner, Grants/Disaster Recovery Department Director DATE: September 15, 2009 SUBJECT: South Florida Water Management District St. Lucie River Issues Team Program — Grant Application ITEM NO. VI-11 Background: This agenda item is a request for the Board's authorization to submit a grant application to the South Florida Water Management District St. Lucie River Issues Team Program. The funding request of $25,000 is for the implementation of the North Fork Water Quality Monitoring Project. This grant opportunity requires a 50% matching contribution. St. Lucie County Public Works Department is including a cash contribution of $13,300 from the Drainage Maintenance MSTU-Stormwater Management Account # 102001-3725-563006-42512 and in -kind services of $11,700. Public Works will also manage the project activities. The proposed North Fork Water Quality Monitoring Project will establish and maintain 15 sampling locations to monitor water quality along the upper reaches of the North Fork of the St. Lucie River. This proactive effort will a) track levels of bacteria in the water; b) collect data to identify future water - quality projections; c) advise the public of issues of concern; and d) support sound management and stormwater policy decisions. The proposed North Fork Water Quality Monitoring project will be implemented as a collaborative effort between the University of Florida IFAS Extension and St. Lucie County. This project will further expand the research network established by other governmental agencies in the St. Lucie River area. Recommendation Board authorization to submit a grant application to the South Florida Water Management District St. Lucie River Issues Team Program requesting funds of $25,000 for the North Fork Water Quality Monitoring Project. AGENDA REQUEST �M- COUNTY F LORI MR- -'� I D A ITEM NO. VII-A DATE: September 15, 2009 REGULAR [ ] PUBLIC HEARING [ x ] CONSENT[ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Ordinance No. 09-025 - Amending Section 11.05.11(A)(2) of the Land Development Code - Requirement for Permit; Exemptions BACKGROUND: See CA No. 09-1058 PREVIOUS ACTION: Permission to advertise was granted by Board of County Commissioners on July 7, 2009. The revision was heard by the Planning and Zoning Commission on August 20, 2009 and approved 5-1. A copy of the minutes are attached. . RECOMMENDATION CONCLUSION: No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, October 6, 2009 at 6:00 p.m. or as soon thereafter as may be heard. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [}� OTHER: NO ACTION REQUIRED Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: ` [ ]Management li Budget: [ ]Purchasing: Daniel S. McIntyre [ ] Road 8 Bridge.: [) Parks Et Recreation Director [ ] Solid Waste Mgr_ [ ]Finance: (check for copy only, if applicable) Effective 5/96 INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 09-1058 DATE: September 8, 2009 SUBJECT: Ordinance No. 09-025 - Amending Section 11.05.11(A)(2) of the Land Development Code - Requirement for Permit; Exemptions BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No. 09-025, which, if adopted, would revise the guidelines for removal of earth in excess of one hundred (100) cubic yards. This Ordinance was heard by the Planning Et Zoning Commission (the "%Z") on July 7, 2009. It was the recommendation of the PEtZ that the Board of County Commissioners (the "Board") approve the proposed ordinance. However, there was discussion as to whether the amount of one hundred (100) cubic yards should be increased. The primary purpose of this ordinance is to ensure that there will be a public hearing before the Board, with the Board having the ability to limit the effects of the removal of earth on the adjacent properties. Ordinance No. 09-025 will accomplish the following: 1. Require a mining permit for removal of any earth in excess of one hundred (100) cubic yards. 2. Provide exemptions to the mining permit requirement. 3. Require a public hearing and action before the Board for all off -site removal of material in excess of one hundred (100) cubic yards. RECOMMENDATION/CONCLUSION: No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, October 6, 2009 at 6:00 p.m. or as soon thereafter as may be heard. KMS/cb Respectfully submitted, Katherine Mackenzie -Smith Assistant County Attorney ORDINANCE NO. 09-025 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO REVISE SECTION 11.05.11(A)(2) "REQUIREMENT FOR PERMIT; EXEMPTIONS"; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE WHEREAS, WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. 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 99-05 July 20, 1999 99-015 July 02, 1999 99-16 September 7, 1999 99-018 November 2, 1999 00-10 June 13, 2000 00-011 June 13, 2000 00-12 June 13, 2000 00-013 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 05-07 January 18, 2005 05-013 November 8, 2005 05-16 August 16, 2006 05-023 September 20, 2005 06-17 May 30, 2006 06-018 May 30, 2006 06-030 September 12, 2006 06-047 December 5, 2006 Underlined passages are added. -1- 6#raek-4hrangh passages are deleted. 07-011 February 6, 2007 07-015 May 1, 2007 07-032 November 6, 2007 07-041 September 4, 2007 07-055 November 20, 2007 08-004 March 11, 2008 08-008 June 17, 2008 08-012 September 9, 2008 08-025 September 16, 2008 09-003 January 20, 2009 09-013 May 19, 2009 3. On August 20, 2009, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. On August 20, 2009, the Local Planning Agency/Planning and Zoning Commission voted to recommend that the Board of County Commissioners approve the proposed ordinance. 4. On , this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on , 2009 5. On , this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on , 2009. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Chapter XI "ADMINISTRATION AND ENFORCEMENT" is hereby amended to read as follows: 11.00.00 ADMINISTRATION AND ENFORCEMENT Sections 11.00.01 through Section 11.05.10 remain unchanged. Section 11.05.11 MINING PERMITS is hereby amended to read as follows: 11.05.11. Mining Permits. A. Requirement for Permit; Exemptions 1. Except as provided in this Section, no mining or excavation operation shall be conducted in the unincorporated areas of St. Lucie County without a permit from the Board of County Commissioners. As used in this Section, the terms "mining" and "excavation operation" include any operation that entails the excavation or removal of earth in excess of one hundred (100) cubic yards_ , Underlined passages are added. -2- 6#rnel fhrengh passages are deleted. 2. activiies�-The following activities shall be exempt from the mining permit requirement provided that all applicable federal state and local permits and/or authorizations have been obtained and the removal of the material remains on -site and is required to support development on -site: a. Removal of material for +nstaili>ng installing utilities; or, b. Removal of material from a site for the construction or removal of Any InstaRing foundations for any building or other structure_ Of or, C. Removal of material for digging Digging drainage or mosquito control ditches and canals by authorized units and agencies of government; or, d. Removal of material for digging Digging drainage or mosquito control ditches and canals by private persons when construction is permitted by all authorizing agencies, if any, and when the excavated material is not removed from the involved tract of land; or, e. Removal of material for existing agricultural operations: or e-f. Removal of material -Exeaya for accessory uses of land, such as paFk-lets— septic tanks, graves, etc., that are designed to be filled and graded upon completion of excavation; or fig_ Removal of material Excavating for a swimming pool when construction is permitted by all authorizing agencies. h. Removal of material for development in which the material is being excavated to provide on -site stormwater management and/or on - site fill for elevating roads houses buildings, sidewalks, driveways parking areas or other features customarily associated with on -site development; however, the property owner shall submit the following for the County Engineer's approval: Underlined passages are added. _3_ S#Ptiek #hretigh passages are deleted. 1. A sketch plan indicating the size, shape and location of the proposed excavation amount and disposition of excavated material. 2. Set back of 25 feet from any adjacent property line. All off -site removal of material in excess of one hundred 000) cubic yards shalt require a public hearing and action before the Board of County Commissioners in accordance with the provisions of Section 11.00.03. The public hearing held on the application for removal of materials in excess of 100 cubic yards shalt be in accordance with Section 11.00.04. In reviewing the request for removal of material in excess of 100 cubic yards, the Board of County Commissioners shall consider the report of the Growth Management Director to determine whether the removal meets the standards in Section 11.07.03(B) - Effects on Adjacent Properties. Action. Within a reasonable time of the conclusion of the public hearing, the Board of County Commissioners shall approve, approve with conditions, or deny the application for removal of material 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 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 Growth Management Director in accordance with Section 11.00.04fl. Revocation of Permission to Removal Material. In addition to any other penalty and remedy for violation of this Code, it shall be a condition of every removal of material approval that such approval may be revoked for: Violation of any condition imposed upon such approval, and Upon complaint and proof of adverse effect on adjacent properties. The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides written consent to the revocation to the Growth Management Director, the Director shall revoke the permit and notify the Board of County Commissioners of the revocation. The remainder of Section 11.05.11 remains unchanged. Underlined passages are added. -4- r✓trwek-#hrangh passages are deleted. PART B. 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 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 ordinance. If this ordinance or any provision thereof shalt 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 filing with the Department of State. 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 Underlined passages are added. -5- reugk passages are deleted. 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 C through H shall not be codified. PASSED AND DULY ADOPTED this day of , 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. '6' 6irnek #Hredgh 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 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 St. Lucie County Planning and Zoning Commission/Local Planning Agency Commission Chambers, 3`d Floor, Roger Poitras Annex August 20, 2009 Regular Meeting 6:00 P.M. A compact disc recording of this meeting, in its entirety, has been placed in the file along with these minutes as part of the record. In the event of a conflict between the written minutes and the compac disc, the compact disc shall control. I. Call to Order Chairman Mundt called the meeting to order at 6:05 p.m. A. Pledge of Allegiance B. Roll Call Craig Mundt ................................. Chairman Barry Schrader ............................Vice Chair Brad Culverhouse, Arrived 6:12 ... Commission Member Stephanie Morgan ....................... Commission Member Britt Reynolds .............................. Commission Member Tod Mowery ............................ Commission Member Members Absent Edward Lounds ............................ Excused Absence Kathryn Hensley .......................... Excused Absence Pamela Hammer .......................... Excused Absence Susan Caron ................................ Excused Absence Staff Present Mark Satterlee ............................. Director, Growth Management Robin Meyer................................Assistant Director, Growth Management Heather Young ............................Assistant County Attorney Katherine Mackenzie -Smith......... Assistant County Attorney Diana Waite.................................Sr. Planner, Growth Management Linda Pendarvis ........................... Planner, Growth Management Michael Brillhart ........................... Capital Improvement Manager Dawn Milone................................ Recording Secretary C. Announcements Mr. Satterlee stated that the next Planning & Zoning Commission Meeting will be held on Thursday, September 24, 2009. D. Disclosures 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Chairman Mundt welcomed Tod Mowery, Commissioner Dzadovsky`s new appointee to the Planning & Zoning Commission. II. Minutes Review the minutes from the July 23, 2009 regular meeting, for approval. Chairman Mundt stated a few corrections were passed on to the recording secretary. These corrections have been made. Ms. Morgan motioned to approve the minutes... Vice Chair Schrader Seconded. The motion carried unanimously. III. Public Hearings A. Ordinance No. 09-025 Requirement for Permit; Exemptions An ordinance amending the St. Lucie County Land Development Code to revise Section 11.05.11 (A)(2) "Requirement for permit; Exemptions"; providing for conflicting provisions; providing for applicability; providing for severability; providing for filing with the Department of State; providing for codification and providing an effective date. Ms. Mackenzie -Smith, Assistant County Attorney stated that the purpose for this ordinance is to amend the requirements for a mining permit or moving a lot of excess earth off site. The proposed ordinance would require that most excavation or removal of earth in excess of one hundred (100) cubic yards would require a mining permit and or a public hearing. Chairman Mundt opened the public hearing. No one spoke. Chairman Mundt closed the public hearing. The Commission questioned what one hundred (100) cubic yards would equate to. Mr. Satterlee stated that the current code states one hundred (100) cubic yards which would equate to approximately five (5) average truck loads of material. The Commission questioned staffs reasoning for this ordinance. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Satterlee explained that staff is starting to see situations where people are moving materials off site. The amount of material being moved off site could potentially be millions of cubic yards and thousands of trucks loads of materials without addressing the impact that the activity would have on adjacent property owners. Stating that it might not be mining, but it could still have a high impact on surrounding property owners. Mr. Satterlee stated that recently there was a project that someone wanted to excavate a thirty two (32) acre lake and potentially remove up to one point two mill ion(1,200,000) cubic yards of material on a proposed four (4) lot subdivision(this project would of imposed upon the adjacent property owner for over a year or two (2). The Commission and staff discussed if one hundred (100) cubic yards was a modest estimation for the maximum allotted removal of material before requiring a public hearing. Chairman Mundt asked Mr. Satterlee how many applications he anticipated he would receive in a year regarding this issue. Mr. Satterlee stated, depending on the scope and scale of development and what they were planning to do with the material, probably less than ten (10). Vice Chair Schrader motioned that the commission approve the ordinance as written and pass it on to the Board of County Commissioners. 26 Mr. Culverhouse seconded. 27 28 Mr. Reynolds — yes 29 Ms. Morgan — no 30 Mr. Mowery- yes 31 Mr. Culverhouse — yes 32 Vice Chair Schrader — yes 33 Chairman Mundt — yes 34 35 The motion carried 5-1 with Ms. Morgan dissenting. 36 37 B. Village Shoppes at Sheraton: PNRD 620081488 38 Petition of T.E.A. Properties Company for a Change in Zoning from the CN 39 (Commercial, Neighborhood) Zoning District to the PNRD (Planned Non — 40 Residential Development) Zoning District and Preliminary Planned Non — 41 Residential Development Site Plan approval for the project to be known as The 42 Village Shoppes at Sheraton PNRD. 3 - mom , POO i CCOUNTY F L O R I D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Growth Management Department ITEM NO. :VU- -g DATE: 09/15/2009 REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASI -JD (X ) CONSENT ( ) PRESENTED BY: Larry Szynkowski, AICP Senior Planner Petition of St. Lucie Self Storage, LLC for St. Lucie Business Park Storage Preliminary/Final PNRD (Planned Non - Residential Development) Site Plan. See attached memorandum. N/A PREVIOUS ACTION: December 14, 1988 - BOCC approved change in Zoning District to the PNRD. November 17, 1989 — BOCC approved replat, including Lot #1. February 6, 1990 — BOCC approved site plan for Lots #1- #4 and Lots #11- #13. April 7, 2009 — BOCC remanded petition back to DRC for building height and mass reduction. RECOMMENDATION: Board adoption of Resolution No.09-008 granting St. Lucie Business Park Storage Preliminary/Final PNRD. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Sionatures County Attorney ( ) l County Surveyor Daniel S. McIntyre Ron Harris County Engineer Originating Dept. A4P _--Michael Powley '-� "; 6A ark Sattee ERD ( ) aren Smith c6UNTY F LORI D A Growth Management Department MEMORANDUM TO: Board of County Commissioners THROUGH: a e, V'.owth Management Director FROM: Larry Szynkowski, AICP, Senior Planner DATE: September 15, 2009 SUBJECT: Petition of St. Lucie Self Storage, LLC for St. Lucie Business Park Storage Preliminary/Final PNRD (Planned Non - Residential Development) Site Plan. ITEM NO. VII - B Background: The applicant applied for a Major Site Plan for a 108,029 square foot, six -story building on May 8, 2006. The application was being processed as a Major Adjustment. On May 5, 2008 after going through the Development Review Committee process, Staff determined that the proposed building was not in substantial conformity with the original St. Lucie Business Park Final PNRD Site Plan. That final PNRD Site Plan approved a one-story building with 26,670 square feet on Lot #1. As a result, the applicant agreed to reapply and revise the original PNRD approval. On January 15, 2009, the Planning & Zoning Commission (P&Z) held a public hearing on the new Preliminary/Final PNRD (Planned Non -Residential Development) Site Plan. At that meeting no members of the public spoke against the petition and no objections were received by the Growth Management Department via the mail. After hearing the presentation by staff and additional comments from the applicant's agent, the P&Z concluded that a chain link fence was inappropriate as a screen for the residential development to the west. The P&Z recommended that a masonry wall be constructed with 60% of the landscape material planted on the outside of the wall facing the residential units. The P&Z voted nine to zero to recommended adoption of the Draft Resolution No. 09-008 with four added conditions. Subsequent to the P&Z hearing neighboring residents began to inquire about how the landscaping would be enhanced to screen the proposed project. As a result, the BOCC continued the Item at the February 17, 2009 meeting to March 3, 2009 to allow time for the applicant to resolve the landscape requirements on the western property line. At the March 3, 2009 BOCC public hearing, it was revealed that the drainage swales needed to be better maintained. Staff determined that there was a code enforcement issue on the existing property, which needed to be addressed prior to the BOCC considering amending the PNRD. St. Lucie Self Storage, LLC Preliminary/Final PNRD September 15, 2009' Page 2 Therefore, the BOCC continued the public hearing to April 7, 2009. Approving any additional development prior to cleaning out the swale, would negatively impact the capacity of the Master Drainage Plan. The Lake Lucie Community Development District (CDD) is required to properly maintain the existing drainage facilities approved as part of the original PNRD. The drainage swale is not County owned and it runs side by side to the drainage swale on the Spanish Lakes property. The Board held another public hearing on April 7, 2009. At that time, the applicant proposed a six story, 104,369 square feet, self -storage building with a footprint of 17,796 square feet on Lot #1. This Board remanded the application back to the Development Review Committee for further review. The Board instructed the applicant to reduce the impact of the building by lowering its height and reducing its massing. The Code Compliance Division issued a Notice of Violation, to St. Lucie Self Storage, LLC, St. Lucie Business Park PNRD, and the Spanish Lakes Riverfront PUD. All these parties are responsible for the maintenance of the swales, on both sides of the property line. After the April 7, 2009 meeting, Lots # 1, 2, 6, 7, 8 were still in violation and the owners were given until August 13, 2009 to comply with the direction to clear the swales. The swales are now in compliance. On June 19, 2009 the applicant's agent submitted a revised PNRD site plan and landscape plan with an eight -foot high masonry wall to the west and a four-story, 88,270 square foot self storage building with a footprint of 22,670 square feet. TABLE 1 PNRD SITE PLAN BUILDING HEIGHT FOOTPRINT SO FT GROSS FLOOR AREA SQ FT PRIOR PLAN 6 story,60 ft 17,796 104,369 REVISED PLAN 4 story,40 ft 22,670 88,270 DIFFERENCE -2 stories,-20 ft + 4,874 -16,099 A Development Review Committee (DRC) meeting was held on August 13, 2009, and the applicant was directed to: Comply with Code Enforcement direction to clean out the swale. 2. Submit a revised landscape plan and mitigation plan. 3. Correct square footage figures on the Site Plan for impervious areas and building square footage. 4. Provide updated architectural elevations. 5. Provide a rendering of the view from the homes to the west. 6. Hold another meeting with neighbors on the revised plans and document neighborhood participation. St. Lucie Self Storage, LLC Preliminary/Final PNRD September 15, 2009 Page 3 The first four items listed above were provided on August 26, 2009. The rendering of the view of the building from the west was provided on August 27, 2009. Staff recommended to the applicant's Engineer and Attorney to hold another meeting with the neighbors. However, the applicant chose not to hold another meeting with the neighbors, but did mail a set of revised plans to the Homeowners Association President. The August 27, 2009 cover letter from the applicant to the HOA is attached to this memorandum. The PNRD Site Plan presented to this Board in April 2009 is compared in TABLE 2 with the PNRD Site Plan corrected per Development Review Committee and Resubmitted on August 26, 2009. The paved area is reduced by 7,022 square feet, but 4,874 square feet of that space is used for a larger building footprint as shown in TABLE 1. Therefore, the pervious area was increased by 2,148 square feet. TABLE 2 site Plan . Paved Parking & Total Landscaping Versions Loading Area sq ft Impervious & Open Space & quantk Area s -ft sq ft April 2009 19,206 square ft: 39,782 22,067 Site Plan 27 spaces; 3loadin areas August 2009 12,184 square ft: 37,634 24,215 Revised 14 spaces; Site Plan 2 loading areas Difference -7,022 square ft -2,148 +2,148 -7 spaces -1 loading area The Development Review Committee also provided the following conditions of approval. 1. No development permits shall be issued until complete sets of sealed constructible final engineering plans, supporting calculations and survey data for the site work and offsite improvements are approved by the Office of the County Engineer, Public Works Department, Utilities Department, Environmental Resources Department, Growth Management Department, Fire Department, and any other agency that may be determined by the Director of Growth Management to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. 2. Prior to the issuance of a Certificate of Occupancy, the developers, their successors or assigns, shall either construct a 5-foot wide sidewalk along the development frontage on Business Park Drive in accordance with Section 7.05.04, or execute an agreement to pay a fee - in -lieu of construction for sidewalks or multi -purpose paths and remit to the County the required funds within 60 days after receiving final site plan approval. The acceptable method of payment shall be a certified check payable to St. Lucie County. A copy of the standard "Agreement" can be obtained by visiting the St. Lucie County Public Works Department website at: http://www.stiucieco.gov/public works/index.htm. St. Lucie Self Storage, LLC Preliminary/Final PNRD September 15, 2009- Page 4 3. The developers, their successors or assigns, shall be required to have a traffic signal warrant study conducted at the intersection of Business Park Drive and South US-1 between 180 days and 240 days after the issuance of a certificate of occupancy. If a signal is warranted by that study, the developers, their successors or assigns, shall design and install the traffic signal in coordination with FDOT. 4. Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m., seven days per week. 5. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an improvement agreement acceptable to Environmental Resources Department covering the cost of all required landscaping, irrigation, tree mitigation, tree relocation, and related improvements shown in the site plan. A copy of this agreement can be obtained by visiting the SLC Environmental Resources Department website at: http://www.stiucieco.org/Environmental Resources Department/index.htm. 6. The applicant will comply with any state and federal agency regulations and requirements. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided Environmental Resources Department with copies of any required federal and state permits. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to SLC for review and approval as required by the LDC. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. Recommendation: Board adoption of Resolution No.09-008 granting St. Lucie Business Park Storage Preliminary/Final PNRD. Attachments Is cc: Norman Schulman, St. Lucie Self Storage, LLC Randy Rogers, Friscia Engineering Ron Harris, St. Lucie County Surveyor Michael Powley, St. Lucie County Engineer Christopher Lestrange, Code Compliance Manager Amy Mott, Supervisor Environmental Resources Department File BOARD OF COUNTY COMMISSIONERS BOCC Hearing Date: September 15, 2009 Tuesday@ 6PM GM File Number PNRD 06-008 Applicant St. Lucie Self Storage, LLC Property Location Business Park Drive 610 feet West of US Highway 1 Future Land Use & Zoning IND (Industrial) & PNRD (Planned Non - Residential Development) Staff Recommendation Board adoption of Resolution No.09-008 granting St. Lucie Business Park Storage Prelimi- nary/Final PNRD . Previous Action December 14, 1988 BOCC approved change in Zoning District to the PNRD. November 17, 1989 approved replat, including Lot #1. February 6, 1990 approved site plan for Lots #1- #4 and Lots #11413. April 7, 2009, remanded peti- tion back to DRC for building height and square footage reduction. Project Staff Larry Szynkowski, AICP St. Lucie Business Park Storage Preliminary/Final (PNRD) Site Plan 0 1-S'�T1ML�l11C 111 E61JNTY F LORI D A- 40 AGENDA ITEM No. Location: West side of Business Park Drive, 610 feet west of the intersection of US Highway 1 and Business Park Drive Project Description Petition of St. Lucie Self -Storage, LLC for a new Preliminary and Final PNRD (Planned Non -Residential De- velopment) with a 4-story, 88,270 square foot self storage building on a footprint of 22,670 square feet. Previously, a request for a major ad- justment to Lot #1 of an existing PNRD was presented for a 6-story, 104,369 sf building. The Planning & Zoning Commission recommended approval. The Board of County Com- missioners found that it was not in substantial conformity to the original site plan and remanded the petition back to DRC to reduce the height and square footage of the building. The petition has been revised with a 4 -story, 88,270 sf building; with 14 parking spaces and 2 loading zones. Recommended Board Action Board adoption of Resolution No.09-008 granting St. Lucie Business Park Storage Preliminary /Final PNRD (Planned Non -Residential Development) Site Plan approval with conditions. Notice Requirements: Public hearing Notice was sent to adjacent property owners within 500 feet of the subject site (see above map), published in the local newspaper and posted on site. Further details are found in the at- tached staff report or at the Growth Management Department. Phone: 772.462.6456 E-mail: szynkowl@stlucieco.org I RESOLUTION NO. 09-008 2 File Number: PNRD 06-008 3 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. 5 LUCIE COUNTY GRANTING APPROVAL FOR A PRELIMINARY AND 6 FINAL PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT) SITE 7 PLAN FOR THE PROJECT KNOWN AS ST. LUCIE BUSINESS PARK 8 STORAGE PLANNED NON-RESIDENTIAL DEVELOPMENT LOCATED IN 9 THE PNRD (PLANNED NOW RESIDENTIAL DEVELOPMENT) ZONING 10 DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA. 11 12 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 13 testimony and evidence, including but not limited to the staff report, has made the following 14 determinations: 15 16 1. St. Lucie Self Storage, LLC, presented a petition for a Preliminary/Final PNRD 17 (Planned Non -Residential Development) Site Plan approval for the project to be known 18 as St. Lucie Business Park Storage Planned Non -Residential Development for 19 property located on Lot #1, St. Lucie Business Park on Business Park Drive, 610 20 feet west of the intersection of US Highway #1 and Business Park Drive in the PNRD 21 (Planned Non -Residential Development) Zoning District consisting of: 22 23 o a four-story, 88,270 square -foot, self -storage building on a footprint of 22,670 24 square feet ; 25 o 12,184 square feet of paved area for 14 parking spaces and loading area; 26 o 2,780 square feet of existing paved driveway; 27 o 37,634 square feet is the total impervious area of the project; and 28 o 24,215 square feet of open space and landscaping. 29 30 2. On April 7. 2009, this Board held a public hearing on the petition of St. Lucie Self 31 Storage, LLC, for a Preliminary/Final PNRD (Planned Non -Residential Development) 32 Site Plan approval for the project to be known as St. Lucie Business Park Storage 33 Planned Non -Residential Development, after publishing a notice of such hearing in the 34 St. Lucie News Tribune and notifying by mail all property owners within 500 feet of the 35 subject property. This Board remanded the petition to the Development Review 36 Committee (DRC) with the direction to reduce the height, size and mass of the 37 building. 38 39 3. The Development Review Committee has reviewed the site plan for the proposed 40 project and found it to meet all technical requirements and to be consistent with the 41 general purpose, goals, objectives and future land use maps of the St. Lucie County 42 Comprehensive Plan and the Code of Ordinances of St. Lucie County. 43 44 4. On January 15, 2009, the St. Lucie County Planning and Zoning Commission held a 45 public hearing on the petition of St. Lucie Self Storage, LLC, for a Preliminary/Final 46 PNRD (Planned Non -Residential Development) Site Plan approval for the project to be 47 known as St. Lucie Business Park Storage Planned Non -Residential Development, Page 1 Resolution No. 09-008 September 15, 2009 File No. PNRD 06-008 I after publishing a notice of such hearing in the St. Lucie News Tribune and notifying by 2 mail all property owners within 500 feet of the property boundaries at least 10 days 3 prior to the hearing, and recommended the Board of County Commissioners approve 4 the subject petition, for the property depicted on the attached map as Exhibit "A" and 5 described in Part "B" below. 6 7 5. The proposed project is consistent with the standards of the St. Lucie County Land 8 Development Code for Planned Non -Residential Development Preliminary and Final 9 Site Plan. 10 11 6. The proposed project will not have an undue adverse effect on adjacent property, the 12 character of the neighborhood, traffic conditions, parking, utility facilities or other 13 matters affecting the public health, safety and general welfare. 14 15 7. All reasonable steps have been taken to minimize any adverse effect of the proposed 16 project on the immediate vicinity through building design, site design, landscaping and 17 screening. 18 19 8. The proposed project will be constructed, arranged and operated so as not to interfere 20 with the development and use of neighboring property, in accordance with applicable 21 district regulations. 22 23 9. The proposed project will have water and sanitary sewer service provided by Port St. 24 Lucie Utility Systems Department. 25 26 10. The applicant has applied for and received a certificate of capacity, a copy of which is 27 attached to this order as Exhibit A, as required under Chapter V, St. Lucie County 28 Land Development Code. 29 30 31 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 32 County, Florida: 33 34 A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the 35 Preliminary/Final PNRD (Planned Non -Residential Development) Site Plan to be 36 known as St. Lucie Business Park Storage Planned Unit Development, is hereby, 37 approved as shown on the site plan drawings for the project prepared by Friscia 38 Engineering on September 21, 2005, last revised on August 6, 2009 and date stamped 39 received by the St. Lucie County Growth Management Department on August 26, 40 2009, subject to the following conditions: 41 42 1. No development permits shall be issued until complete sets of sealed constructible final 43 engineering plans, supporting calculations and survey data for the site work and offsite 44 improvements are approved by the Office of the County Engineer, Public Works 45 Department, Utilities Department, Environmental Resources Department, Growth 46 Management Department, Fire Department, and any other agency that may be 47 determined by the Director of Growth Management to be necessarily involved in the 48 review and approval of the constructible final engineering plans for the site work and 49 offsite improvements. The determination of whether or not plans submitted by the 50 applicant constitute a complete set of constructible plans shall be made by the Page 2 Resolution No. 09-008 September 15, 2009 File No. PNRD 06-008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. 2. Prior to the issuance of a Certificate of Occupancy, the developers, their successors or assigns, shall either construct a 5-foot wide sidewalk along the development frontage on Business Park Drive in accordance with Section 7.05.04, or execute an agreement to pay a fee -in -lieu of construction for sidewalks or multi -purpose paths and remit to the County the required funds within 60 days after receiving final site plan approval. The acceptable method of payment shall be a certified check payable to St. Lucie County. A copy of the standard "Agreement" can be obtained by visiting the St. Lucie County Public Works Department website at: hftp://www.stiucieco.gov/public—works/index.htm. The developers, their successors or assigns, shall be required to have a traffic signal warrant study conducted at the intersection of Business Park Drive and South US-1 between 180 days and 240 days after the issuance of a certificate of occupancy. If a signal is warranted by that study, the developers, their successors or assigns, shall design and install the traffic signal in coordination with FDOT. 4. Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m., seven days per week. 5. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an improvement agreement acceptable to Environmental Resources Department covering the cost of all required landscaping, irrigation, tree mitigation, tree relocation, and related improvements shown in the site plan. A copy of this agreement can be obtained by visiting the SLC Environmental Resources Department website at: http://www.stiucieco.org/Environmental Resources DepartmenVindex.htm. 6. The applicant will comply with any state and federal agency regulations and requirements. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided Environmental Resources Department with copies of any required federal and state permits. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to SLC for review and approval as required by the LDC. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. B. The property on which this PNRD Preliminary/Final Site Plan approval is being granted is described as follows: LOT 1, ST. LUCIE BUSINESS PARK, LESS THE SOUTH 19 FEET, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGES 9 AND 9A, PUBLIC RECORDS OF ST. LUCIE COUNTY. SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, PARCEL CONTROL NUMBER: 3426-702-0002-000/6 CONTAINING 1.42 ACRES LOCATION: The west side of Business Park Drive, 610 feet west of the intersection of US Highway #1 and Business Park Drive Page 3 September 15, 2009 Resolution No. 09-008 File No. PNRD 06-008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 C. The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on September 15, 2011, unless the developer has obtained building permits for the site plan described in Part A or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. D. Preliminary/Final PNRD (Planned Non -Residential Development) Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, St. Lucie Self Storage. LLC, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United Stated Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part B. E. A Certificate of Capacity #2795, a copy of which is attached to this Resolution as Exhibit A, was granted by the Director of Growth Management on August 28, 2009, which certificate shall remain valid for the period of Site Plan approval or any extension granted thereto. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. F. The St. Lucie County Director of Growth Management 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. G. The Director of Growth Management shall coordinate the issuance of further site Development Permits. No final site construction authorizations or site Development Permits shall be issued until all requirements for such permits are met. H. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize commencement of any on -site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and applicable code requirements must be met to the satisfaction of the County before final site construction permits are issued. A copy of this Order shall be attached to the site plan drawings described in Part A, which shall be placed on file with the St. Lucie County Growth Management Director and mailed, return receipt requested to the developer and agent of record as identified on the site plan application. The conditions set forth in Part A are an integral nonseverable part of the Preliminary/ Final PNRD (Planned Non -Residential Development) Site Plan. If any condition set forth in Section A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. Page 4 September 15, 2009 Resolution No. 09-008 File No. PNRD 06-008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 K. The effective date of this resolution shall be the date of adoption contained herein. Page 5 September 15, 2009 Resolution No. 09-008 File No. PNRD 06-008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 After motion and second, the vote on this resolution was as follows: Chair Paula Lewis XXX Vice -Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this 15th day of September 2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA m ATTEST Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Is G:\PROJECT FILES\St. Lucie Business Park Storage\BOCC\2009\9-15-09\Revised Resolution 09-008 Page 6 September 15, 2009 Resolution No. 09-008 File No. PNRD 06-008 U Z a (J Q) / w `r cu dyunoo aagoyoaa-yp V e 1 al 2 Y Z bl� 3NIdatV`dCL CU U LL (D 3AV 0(]Vbd 130 o ,N c d� Q NI Z31bOO m z O > �1 E j Q NI `dN0130bd8 O .: w z S a > �_ o z_ Nl b2i8WdH IV S_ ir- N '< LU LU ON a) ._ S o0 0 nor m a �� , `• � o ♦ • a O U) W Y 1 • ❑ ❑ m 1 bd Nbdd SSAisnB � N U) 1 1 ❑ C N 1 1 �❑ .c 1 �1005 m �kvm znb O�d1NVS a _ O i� <v ♦ �\O •.. �C�-.•� N - �3 GP�\��O PNPOvo do c S m m 0-0 O CO ° +.• (P O •O- (n N O) 0 CU U Q Q J L O y O N O U) L- /d2L ca 0 0 -1 �2� CD 0 � bl03NId0NdS Z o N �-3AV � OCIV'dd 130 0 N N I jq Z ^ Q m 0 ? 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U JO a o O co U .r f-% O O 7 L ?7 �O Lo m � �2� 1 1 U �, W St Lucie County Certificate of Capacity Date 8/28/2009 Certificate No. 2795 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Prelimin & Final PNRD Number of units 0 Number of square feet 88,270 2. Property legal description & Tax ID no. 342670200020006 On Business Park Drive 610 feet w/of US Hwy 1 St Lucie Business Park Storage 3. Approval: Building St Lucie Business Park Resolution No. 09-008 Letter 4. Subject to the following conditions for concurrency: Owner's name Ronald Schuman Address 12375 W Sample Rd Coral Springs FL 33065 6. Certificate Expiration Date 9/15/2011 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed 0,Date: 8/28/2009 Growth Management Director St Lucie County, Florida , Friday, August 28, 2009 Page 1 of 2 Environmental Resources Department Agenda Item Companion Report TO: Board of County Commissioners THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Jennifer Evans, Environmental Resources Departmen!3 DATE: September 8, 2009 SUBJECT: St Lucie Business Park Storage Preliminary/Final PNRD Site Plan Application (PNRD 06-008) Environmental Resources Department (ERD) worked closely with Growth Management, as well as other members of the Development Review Committee regarding this item. The ERD final report and conditions of approval have been incorporated into the attached backup materials. ERD supports Growth Management's recommendation of approval with conditions as outlined in the attached resolution. iinature - 1 - 08/31/2009 16:39 5214 STLUCIECOUNTY PAGE 01/01 officersCode Enforcement Division 11 1 of Compliance This property for the purpose of this form will be known as case # i 1) This case was in violation of St. Lucie County Codes. On (&Y), 0q_(daoc), 0q ,(yap') I m Ct-S8C--r- Code Emfmment Officer inspected the above mention case location and found the property to be in compliance with the Code & Compiled Laws and Land Development Codes of St. Lucie County. During my inspection, I found the violations of the below listed sections: ri.orl. to bave been corrected and the property to be in compliance with St. Lucie County Codes. Accordingly, it is determined this property is in compliance as of this date. Code Fnforcement Ufbcer/supervisor illRuden McClosky August 27, 2009 Wynne Building Corporation Attention: Mr. Matthew Wynne 8000 South US 1 Suite 402 Port St. Lucie, FL 34952 Spanish Lakes Riverfi-ont Home Owners Association, Inc. Attention: Ms. Anne D. Mortenson, President 47 Camino Del Rio Port St. Lucie, FL 34952 Re: St. Lucie Business Park Storage Dear Mr. Wynne and Ms. Mortenson: 145 NW CENTRAL PARK PLAZA SUITE 200 PORT ST. LUCIE, FLORIDA 34986 (772)873-5910 FAX: (772) 873-3110 NOREEN.DREYERLRUDEN.COM CERTIFIED MAIL RETURN RECEIPT REQUESTED tCJBV 28 2009 Please find enclosed copies of a revised Final Site Plan, Landscape Plan and Elevations for the St. Lucie Business Park Storage project located on Business Park Drive in the St. Lucie Business Park PNRD. The project has been revised at the April 7th direction of the County Commission when they remanded the project back to the Development Review Committee for further consideration. The County Commission directed the staff and the applicant to work to reduce the height and total square footage of the proposed building. The staff and the applicant have been meeting to revise the plans and in particular to reduce the height of the building. The enclosed plans reflect changes that have been made from the set of plans that were considered by the County Commission on April 7th. The most significant changes include the reduction in the height of the building from 6 stories and 60 feet to 4 stories and 40 feet and the reduction in total square footage from 104,369 square feet to 88,270 square feet. This was accomplished by reconfiguring the site, increasing the building footprint, and reducing the paved area including a reduction in the number of parking spaces and loading zones. RM:0713256:2 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ROCA RATON - I1. 1AUDFRDAIE • MIAMI • NA VI ES • ORIANDo • PORI S(. II;CIE • SARASOTA - Si. PET ERSRURG • TAII AHASSEE • IAMPA • WESI PRIM REACH Page 2 To buffer the building from residences in Spanish Lakes, the 8 foot high masonry wall and all the enhanced landscaping along the project's west property line have been maintained. This landscaping includes 21 sabal palms, 12 live oak trees, and 5 mahogany trees in addition to the required 8 dahoon holly trees and the row of hedges on each side of the wall. At the time of planting, the oak and mahogany trees will be 18-20 feet high with a 4.5 inch diameter which exceeds the minimum code required size of 12-14 feet high with a 2.5 inch diameter. The applicant wishes to be a good neighbor and these plans are being provided to you for your in and for review by you and residents and members of the Spanish Lakes Rivertront Home Owners Association Inc. and Wynne Building Corporation. Please make the plans available to interested residents and members of the Association for their review. We have been advised by County staff that the revised plans will most likely be scheduled for consideration by the County Commission on September 15, 2009; however, this date is not certain and if you are interested you should contact the County directly for further information. If you have any questions or comments please contact me at the address, phone or fax number at the top of this letter. ;ierely, Noreen S. Dreyer NSD/pw Enclosures cc: (all w/enclosures) Board of County Commissioners Mark Satterlee, Growth Management Director Norman Schulman Peter Spirk Randy Rodgers, P.E. R%M:6718256:2 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BOCA RATON • I I. IAUDFRI)AI F - MI•ANII • NAPIF.S -OR IANANUO • PORI SI.I U( IF • SARASOIA • 51. PEIERSBURC • IAI IAHASSEE • TAMPA • WEST PALM BEACH 7COUNTY F L 0 R I D A Environmental Resources Department Staff Report TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director FROM: Jennifer Evans, Environmental Planning Coordinator- TV0& DATE: August 27, 2009 SUBJECT: St Lucie Business Park Storage Preliminary/Final PNRD Site Plan Application (PNRD 06-008) Background This 1.42 acres project site is located off Business Park Drive. The site consists of open land with scattered native trees and exotic vegetation. There are no wetlands or listed species located within the proposed development site. Findings The applicant proposes to construct a multi -story storage facility which will impact 371 inches of native slash pines meeting the mitigation thresholds as outlined in Land Development Code 6.00.05(D). These impacts will be mitigated through the preservation of 73 inches of native trees onsite, an additional 114 inches of native tree plantings onsite, and donation of 482 inches of native trees to the St Lucie County Jail Nursery. The landscape plan revised August 12, 2009 has been reviewed and determined to be consistent with Land Development Code by the Environmental Resources Department. Additionally, the 114 inches of surplus mitigation plantings have been primarily located along the western project boundary to provide maximum buffering to the neighboring residential community. The proposed site plan is not expected to result in any adverse environmental impacts. Recommendations Staff supports the recommendation of approval of the St. Lucie Business Park Storage project with the Conditions of Approval contained herein. - 1 - Conditions of Approval 1) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an improvement agreement acceptable to Environmental Resources Department covering the cost of all required landscaping, irrigation, tree mitigation, tree relocation, and related improvements shown in the site plan. A copy of this agreement can be obtained by visiting the SLC Environmental Resources Department website at: http://www.stlucieco.org/EnvironmentalResources Department/index.htm. 2) The applicant will comply with any state and federal agency regulations and requirements. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided Environmental Resources Department with copies of any required federal and state permits. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to SLC for review and approval as required by the LDC. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. -2- BOCC Regular Meeting Minutes April 7, 2009 the amount of $25,000 (80% FDOT share) with a 20% local match of $6,250 for a total project cost of $31,250 to fund the LED lighting upgrade for the new runway project at St. Lucie County International Airport, and authorize the Chair to designee to execute the same. 2. Request approval of the Second Amendment to Work Authorization 14 for professional services by Masteller and Moler, Inc. for a lump sum amount not to exceed $36,800 for the design, bidding and construction services on the second phase of the Airport West Commerce Park Sanitary Sewer project at the St. Lucie County International Airport. Consider staff recommendation to approve the Second Amendment to Work Authorization 14 for professional services by Masteller and Moler, Inc. for a lump sum amount not to exceed $36,800 for the design, bidding and construction services on the second phase of the Airport West Commerce Park Sanitary Sewer project at the St. Lucie County International Airport, and authorize the Chair or designee to execute same. 3. Budget Resolution No. 09-075 establishing an Airport fund to accept proceeds from the sale of Airport land to the Port for use as a spoil site for the Taylor Creek Restoration project. Consider staff recommendation to approve Budget Resolution No. 09-075 establishing the Airport fund to accept the proceeds from the sale of Airport land to the Port for use as a spoil site for the Taylor Creek Restoration project, and authorize the Chair or designee to execute same. H. GROWTH MANAGEMENT Consider staff recommendation to authorize staff to advertise proposed Ordinance No. 09-015 for a public hearing before the Board of County Commissioners on April 28, 2009 beginning at 9:00 a.m. or as soon thereafter as may be heard. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. GROWTH MANAGEMENT The continuation of the petition of St. Lucie Self Storage, LLC for Preliminary/Final PNRD (Planned Non - Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage PNRD located in Lot #1 St. Lucie Business Park. The project is located on Business Park Drive, 610 feet West of US-1, and across US-1 from Mediterranean Avenue in a PNRD Zoning District. Draft Resolution No 09-008 is attached. Pursuant to Section 11.02.05.F of the LDC, the DRC staff stands by the previous determinations that this proposed Major Adjustment to a Final PNRD Site Plan is not in substantial conformity to the previously approved Final PNRD Site Plan for the St. Lucie Business Park and therefore recommends that this application be remand back to the Development Review Committee to revise the proposed building to reduce the overall height, size and mass of the building. B. GROWTH MANAGEMENT C. GROWTH MANAGEMENT Petition of "Selvitz Road Properties LLC" for an Amendment to the Official Zoning Atlas Consider staff recommendation to adopt Draft Resolution No. 09-009 denying the request. St. Lucie Board of County Commission Page 4 Printed 41812009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 St. Lucie County Planning and Zoning Commission/Local Planning Agency Commission Chambers, 3rd Floor, Roger Poitras Annex January 15, 2009 Regular Meeting 6:00 P.M. A compact disc recording of this meeting, in its entirety, has been placed in the file along with these minutes as part of the record. In the event of a conflict between the written minutes and the compact disc, the compact disc shall control. I. CALL TO ORDER Chairman Caron called the meeting to order at 6:08 p.m. A. Pledge of Allegiance B. Roll Call Susan Caron ...........................Chairman Craig Mundt ...........................Vice Chairman Bryan Beaty ...........................Board Member (Mr.Beaty arrived at 6:39 p.m. Brad Culverhouse ...................Board Member (Mr. Culverhouse left at 7:50 p.m.) Pamela Hammer .....................Board Member Edward Lounds ......................Board Member Stephanie Morgan ...............Board Member Britt Reynolds ........................Board Member Barry Schrader .......................Board Member Kathryn Hensley ....................Ex-Officio Members Absent None Others Present Mark Satterlee........................Director, Growth Management Dept. Robin Meyer ..........................Assistant Director, Growth Management Dept. Heather Young .......................Assistant County Attorney Larry Szynkowski ..................Senior Planner Jeffery Johnson..................Senior Planner C. ANNOUNCEMENTS None. D. DISCLOSURES None. E. Election of Officials 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Mrs. Hammer nominated Mr. Mundt for Chairman of the Planning & Zoning Commission. Ms. Caron seconded. Ms. Young read the ballots. The motion carried unanimously. Mr. Lounds nominated Mr. Schrader for Vice Chair of the Planning & Zoning Commission. Mr. Culverhouse seconded. Mr. Mundt nominated Mrs. Hammer Mrs. Hammer respectfully declined. Ms. Young read the ballots. The motion carried unanimously. II. MINUTES Review the minutes from the November 20, 2008 regular meeting, for approval. Mr. Lounds motioned approval of the minutes with corrections. (These corrections have been made). Mr. Culverhouse seconded and the motion carried unanimously. III. PUBLIC HEARINGS A. St. Lucie County Attorney's Office: Ordinance No. 09-001 (FKA 08- 034) - Amending Land Development Code to Regulate Changeable Message Signs. Petition of St. Lucie County to adopt Ordinance No. 09-001 (FKA 08- 034) which, if adopted, would define "changeable message signs" and add changeable message signs to the list of prohibited signs. The Ordinance proposes to prohibit changeable message signs because of the negative effects (distractions) on the driving public. 2 I Ms. Young explained that staff is proposing Ordinance No. 09-001 (FKA 08-034) which 2 would do two things. The first is to add to the definition section of the LDC a definition 3 of changeable message signs; second, add changeable message signs to the list of 4 prohibited signs under the sign chapter, (Chapter nine of the LDC). The Ordinance is 5 proposed to prohibit such signs because of the distraction they pose for motorists. 6 7 Ms.Young, Assistant County Attorney presented this item explaining, this item is the 8 continuation of the public hearing from the November 20, 2008 meeting. Ms. Young 9 answered several questions the Commission raised at the November 20, 2008 Planning & 10 Zoning Meeting. 11 12 Ms. Young addressed what the surrounding counties do regarding changeable message 13 signs. Changeable message signs are described as signs which change messages more 14 that once in a twenty four hour period, by electronic, mechanical or other means remotely 15 or automatically controlled. 16 17 This ordinance would change the list of prohibited signs by including signs emitting fire 18 or smoke. 19 20 Ms. Young did not find that any counties actually addressed this type of sign although a 21 number of the other counties have the same prohibition that St. Lucie County has on 22 animated signs. 23 24 She explained that this draft ordinance is based on one similar to one that was adopted 25 recently in Leon County. 26 27 She feels the county would be proactive in addressing this issue now. 28 29 Chairman Mundt asked the commission if there were any questions for staff. 30 31 The commission had a lengthy discussion. The questions asked were essentially the same 32 questions asked at the November 20, 2008 meeting. 33 34 Ms. Morgan requested a professional sign person be at the next meeting to answer the 35 commission's questions. 36 37 38 Chairman Mundt opened the public hearing. 39 40 No one from the public spoke. 41 42 Ms. Morgan motioned to continue the hearing on this item to a date certain March 43 19, 2009 at 6:00 p.m. or as soon thereafter. 44 45 Mr. Schrader seconded. 46 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Roll Call Mr. Beaty — yes Mr. Reynolds — yes Mr. Lounds — yes Ms. Hammer — no Mr. Culverhouse — yes Ms. Caron —yes Vice Chair Schrader — yes Ms. Morgan — yes Chairman Mundt — yes The motion passed 8-1 for the motion with Mrs. Hammer dissenting. !� B. St. Lucie Self Storage, LLC PNRD 06-008 Petition of St. Lucie Self Storage, LLC for Preliminary and Final PNRD (Planned Non - Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage Planned Unit Development located in Lot #1 St. Lucie Business Park on Business Park Drive, 610 feet West of US -1, and across US-1 from Mediterranean Avenue in a PNRD Zoning District. Draft Resolution No 09-008. Mr. Szynkowski, Senior Planner explained that on December 14, 1988, Resolution No.88-365 granted the existing St. Lucie Business Park PNRD Zoning District with a conceptual site plan. On December 14, 1988, Resolution No.88-365 granted the existing St. Lucie Business Park PNRD Zoning District with a conceptual site plan. On November 17, 1989, a replat was approved. On November 17, 1989, a replat was approved with 13 lots including Lot #1. On February 6, 1990, Resolution No. 90-27 granted a site plan for Lots # 1- #4 and # 11- # 13. That 1990 site plan approved four (4) buildings, on seven (7) lots within 8.99 acres, including one (1) building that crossed over Lot #1 and Lot #2 combined, and is a 26,670 square -foot, one-story building with a shared driveway. Subsequently in 1999, a 10,000 square foot building was built on Lot #2, without reference to the underlying PNRD site plan approval. The project is proposing a new Preliminary/Final Site Plan approval for a PNRD (Planned Non- Residential Development) Site Plan for the project to be known as St. Lucie Business Park Storage Planned Unit Development for a six -story, 104,369 square - foot, self -storage building. This would be built on lot one of St. Lucie Business Park on 1.42 acres, located 600 feet west of US 1 and across from Mediterranean Ave. on the east side of US 1 and 19,206 square feet of pavement. The construction would consist of the following: El I The 1" floor would be 16,864 square feet self -storage, plus 932 square feet of office 2 space; Floors 2 thru 5 would be 17,796 square feet of self- storage; the 61` floor would be 3 15,389 square feet of self -storage; and a paved area would have 27 parking spaces and a 4 36-foot by 55-foot loading area for large vans. 5 6 Mr.Szynkowski informed the commission that there seems to be an inconsistency (which 7 staff cannot account for) in the 1989 replat and the site plan that was created in 1990. He 8 feels the reason for this is that there were two different Planning Agencies that were 9 private in nature that developed each of these projects. 10 11 On October 23, 2008, the agent for the applicant held a Neighborhood Meeting with the 12 residents of Spanish Lakes Riverfront Leasehold Estates PUD. Approximately 80 13 residents attended in addition to the underlying property owner. The applicant has tried 14 to work together with the neighbors to provide an acceptable landscape buffer, 15 lighting restrictions and hours of operation that are not objectionable. The agreed upon 16 hours of operation are 6 am to 10 pm. The landscape buffer was agreed to be a chain -link 17 fence with slats, and opaque landscape material planted on both sides of the fence. Staff 18 recommends an 8-foot high masonry wall or fence with a hedge on both sides and 60% of 19 the required landscape materials planted on the exterior of the wall, facing the residential 20 area. 21 It was also agreed that no outdoor storage of boats or RV vehicles would be allowed on 22 the west side of the building. The residents were in agreement that this use is low 23 intensity commercial without any windows or exterior lighting. Together with the 24 recommended accommodations, there were no further objections from the neighbors. 25 26 Mr. Szynkowski went on to explain the code calls for substantial conformity (which 27 there was none). This is the reason the applicant and agent elected to come back with a 28 new Preliminary and Final PNRD. 29 30 Staff is concerned about the height and floor area (bulk of the building) even with the 31 increased landscaping. The proposed increase in landscaping does meet and exceeds 32 code in the LDC landscaping per Section7.09.04. 33 34 Chairman Mundt asked the commission if there were any questions for staff. 35 36 The commission was concerned with light pollution, noise and that the fence should be 37 an eight foot masonry wall. 38 39 Mr. Szynkowski incorporated a Power Point Presentation in his address to the Planning 40 & Zoning Commission. 41 42 Chairman Mundt opened the public hearing. 43 44 Noreen Dryer, with the Law firm of Ruden McClosky representing the applicant feels 45 this is a much better plan than originally approved. The use being proposed is of very low 46 impact and meets and exceeds all requirements of the county. She stated that there has 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 been much discussion with the owners, Property Owners Association and with neighbors surrounding this proposed project. The concerns addressed were; outside storage of boats and trailers in the back parking area, lighting, drainage and fencing. All issues that were of concern have been met including the masonry wall that will be built in lieu of a chained link or wood fence. Norman Schulman, applicant, addressed the commission stating that parking would only be in the designated parking area. Freight elevators will be used in case any emergency does arise. The sixth floor is smaller than the other floors due to the way the code is written and to make a nice pitched roof on the building. Randy Rodgers, with Frisicia Engineering addressed the commission in regards to how the tractor trailers would pull into the building. Mr. Rodgers explained the ninety degree angle is the easiest way for the tractor trailers to enter the proposed project. Mrs. Hammer suggested the applicant or agent look into the possibility of a new system for irrigation. This system measures the moisture of the ground. The system detects if the ground is wet enough then the sprinklers would not come on. Mr. Lounds stated this system is called a tensiometer, which are available at irrigation supply stores. Tensiometers can be set to trigger the irrigation system when the soil moisture gets below a certain level to activate the system. It is the better way to control irrigation watering because it is based on the true soil moisture and not the moisture in the air as most of the old controllers do. The applicant agreed to look into this state of the art process as a possible option. Mrs. Hammer thanked staff for the great work in the preparation of the resolution (page 2, line 12, A), stating the information in this paragraph is the best addition she has seen in all her years on the board. She also thanked Frisicia Engineers stating, "this was one of the most complete and correct plans that she has ever seen". Mr. Lounds, for the record, cautioned the applicant and agent about the five or six pine trees that are staying on the property and being protected by barriers. He was concerned about the sensitivity involved in manipulating around the pine trees. Mr. Schulman stated he was very aware of this issue and all precautions will be taken. Ms. Caron requested that Ms. Dryer submit to staff the information (conditions) she compiled from the meetings with the Wynn Corporation and the owners, residents, and 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 neighbors in order for staff to get this information to the Board of County Commissioners. Mr. Beaty wanted to make sure the owners, residents and neighbors understood (and are very clear) that a six story building is taller than the Lawnwood Regional Medical Center. Ms. Dryer stated they do know that it is a six story building; she did not mention it would be taller than the Lawnwood Regional Medical Center. The building will have sprinklers and comply with the Fire Department and Sheriffs Office concerns of Radio Amplifications (emergency responders being able to use their communication radios inside the building). The commission requested dumpster pick up during the day. Mr. Schulman agreed. Mr. Reynolds bought to the attention of staff that this project is located within Fire Station # 12 not Station 41. Mr. Schrader motioned after considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.02.05, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners adopt a resolution granting approval of the Preliminary/Final PNRD (Planned Non - Residential Development) site plan for the project known as St. Lucie Business Park Storage PNRD located in lot #1 of the PNRD (Planned Non - Residential Development) Zoning District, with the mentioned conditions as agreed upon; a masonry eight foot fence along the western side of the property, no outside storage, the additional landscaping as recommended by staff, and hours of operation between 6 a.m. and 10 p.m.. Because it is a low impact development it does meet the need of the surrounding area and most importantly it meets the concerns of the neighbors. Mr. Reynolds seconded. Roll Call Ms. Caron — yes Mr. Culverhouse — yes Ms. Hammer — yes Mr. Lounds — yes Ms. Morgan - yes Mr. Beaty — yes Mr. Reynolds — yes Vice Chair Schrader - yes 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Chairman Mundt - yes The motion carried unanimously Mr. Culverhouse addressed Chairman Mundt stating; regrets and apologized that he had to leave. C. St Lucie County PNRD 1020081529 Petition of St. Lucie County to grant an amendment to change the zoning from AR —1 (Agricultural, Residential —1 du/acre) to the PNRD (Planned Non — Residential Development) Zoning District and Preliminary and Final PNRD Site Plan Approval for the project to be known as Treasure Coast Research and Education Park Core Research Campus — Phase I. Draft Resolution No. 09-002 Mr. Satterlee, Director of Growth Management informed the Commission that this petition is a preliminary step to help expedite the development of the plan when it begins. Mr. Johnson, Senior Planner noted a couple of corrections in the item itself that will be made before the item goes before the County Commission. On Page nine of the staff report under number three there is an error that will be cleaned up. The site plan does not incorporate the two existing institutional facilities and second, referring to the resolution Condition of Approval # four that references a master association and restrictive covenants will be removed. He stated that after discussions with our County Attorney's Office it was recommended that this condition was not needed. Growth Management staff has been working very closely with the Treasure Coast Education Research and Development Authority on this proposal. Early this week staff made a presentation and the Authority supported the proposal with no requested changes. The purpose of this land development petition by St. Lucie County accomplishes 2 main objectives in order to aid the future development of the Research Park. 1_ Establishes underlying regulations for the Park 2. Facilitates planned, orderly development along with an expedited review process First, it changes the underlying zoning from AR-1, Agricultural Residential to PNRD, Planned Non Residential in order to be consistent with the Research and Education Park Overlay zoning requirements in our Land Development Code. The zoning overlay requirements in our code have performance standards or regulations, and specify the types of permitted uses that will assure superior and quality development of the Research Park. Second, the newly designated underlying PNRD zoning district will facilitate planned, orderly development of the Park that is consistent with the framework and design 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 elements in the Treasure Coast Research Park Conceptual Master Plan, which will in turn expedite the site plan review and approval process. Furthermore, the PNRD designation allows for flexible and creative design approaches to development that are not normally found under a straight zoning designation, which will encourage an environment of stable character that is compatible with the surrounding land uses. As you may be aware, back on August 12th of last year, the Board of County Commissioners approved the Treasure Coast Research Park Conceptual Master Plan that establishes the development framework for this park. This plan divided the 1, 650 acre park into four (4) phases. The zoning change and site plan represents the I" phase consisting of approximately162 acres (highlighted in dark green) called the Core Research Campus, located at the SW intersection of Picos Road and Kings Highway. As mentioned, the property is currently zoned AR-1, Agricultural Residential, with a future land use designation of SD or Special District. The current zoning and land use are incompatible. The only underlying zoning district option available to implement the Special District land use designation as per our overlay zoning district requirements in the land development code is the proposed PNRD zoning district. The proposed site plan before you this evening implements the overlay zone and PNRD requirements in our code and is consistent with the Research Park Master Plan. The plan creates a single lot for future development that is approximately 31 acres in size located in the southeast corner of the campus that can accommodate up to 339,000 square feet of uses. Access to this lot will be provided by a new, four (4) lane divided main entry road from Graham Road @Kings Highway and full utilities. Tract A, (approximately three [3] acres in size) is located to the south of the main entrance and will provide for common storm water retention, landscaping and signage for the park. The remaining +/-127 acres is identified as "future development" that will transform and grow with the development of the Park and will support approximately 1.8 million square feet of use. A concurrency deferral affidavit for this site plan is requested .This will defer the certificates of public facilities reservation until future site plans (with proposed uses and buildings) are submitted to the County for site plan review and approval. At that time these projects will be required to reserve capacity via concurrency evaluation pursuant to our code requirements. The review of site plans will be expedited through the County's site plan review process within ten (10) business days. It should be noted that these individual site plans will be required to be consistent with the Treasure Coast Research Park Conceptual Master Plan elements and concepts with a focus on building design, green building standards, sustainability, storm water management and traffic and pedestrian circulation elements, just to name a few. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 When the individual site plans are submitted to the County, it is anticipated that staff along with the applicant will be making a presentation before Treasure Coast Education Research Development Authority for their blessing prior to Development Review Committee certification and County Commission approval (this includes all plan documents — the site plan, landscape plans, storm water retention plans, architectural building design and signage review just to name a few). Mr. Mundt asked the commission if there were any questions for staff. Mrs. Hammer asked if this means it would never come to the Planning & Zoning Board. Mr. Johnson stated that Mrs. Hammer was correct. Ms. Caron questioned the annexation between the county and the city (Ft. Pierce) in regards to this project. Mr. Satterlee stated that the county and the city are in negotiations regarding annexations. He also stated; that half this project is within the cities envisioned annexation territory. Mr. Satterlee and Dan McIntyre, County Attorney will be attending the City of Ft. Pierce Council Meeting on January 20, 2009, encouraging them to defer annexation of properties until a broader agreement can be worked out. Ms. Hensley stated that this site is all government owned property. Chairman Mundt opened the public hearing. No one spoke. Mr. Beaty motioned after considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Sections 11.02.07 and 11.06.03, St. Lucie County land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of St. Lucie County, for an amendment to the official zoning atlas to change the zoning from the AR-1, Agricultural Residential (1 du/acre) Zoning District to the PNRD, Planned - Non Residential Development Zoning District and Preliminary/Final PNRD site plan approval for a project known as Treasure Coast Research & Education Park Core Campus — Phase 1. Mr. Lounds seconded. Roll Call Vice Chair Schrader - yes Mr. Reynolds — yes 10 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 Ms. Morgan — yes Ms. Hammer — yes Ms. Caron — yes Mr. Lounds — yes Mr. Beaty — yes Chairman Mundt - yes D. Growth Management Department, Chapters 10, 11 & 12 of the St. Lucie County Land Development Code. Mr. Meyers and the Commission discussed how to achieve a final draft version of the chapters for public distribution. It was determined that Chapter 10 would be discussed first, Chapter 12 second and Chapter 11 last. The Planning & Zoning Workshop for Chapter 10 was tentatively scheduled for Monday, February 2, 2009. Staff will e-mail the Planning & Zoning Commissioners a definite date. IV. OTHER BUSINESS Mr. Myers, as promised updated the commission on the status of the Mellon Patch Inn. V. ADJOURN There being no further business, the meeting was adjourned at 8:45 p.m. 11 7.02.01 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 7.02.00. PLANNED NON-RESIDENTIAL DEVELOPMENT 7.02.01. Purpose. The Planned Non -Residential Development (PNRD) District is intended to achieve non- residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. Permit creative approaches to the development of non-residential land reflecting changes in the technology of land development; B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; C. Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and D. Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. 7.02.02. Permitted Uses. The following general guidelines shall be used in determining the permitted use possibili- ties in any Planned Nonresidential Zoning Development: A. For properties located in any Residential or Agricultural classified land use area: Any permitted, conditional or accessory use, including any standards, conditions and requirements for those uses, as identified in the Commercial, Neighborhood (CN); Commercial, Office (CO); Institutional (I) Zoning Districts, and in the Agricultural land use classified areas only, any non-residential permitted or accessory use identified in the Agriculture-1 (AG-1), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts of this Code. Telecommunication towers must comply with the requirements of Section 7.10.23. The general standards, conditions and requirements, as found in this Code, that pertain to conditional and accessory uses shall be used in the determination of the compatibility of the proposed use(s) with the surrounding land uses in the review of the Planned Nonresidential Development. All applications for Planned Nonresidential Development shall include a complete identification of all planned uses and activities. B. For properties located in any Commercial or Industrial classified land use area: Any permitted, conditional or accessory use, including any standards, conditions and requirements for those uses, as identified in the Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial, General (CG); Industrial Light (IL); Industrial Heavy (IH), Utility (U) and (I) Institutional zoning districts, and any non-residential St. Lucie County Land Development Code 7:14 Adopted May 19, 2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.02.03 permitted or accessory use identified in the Agriculture-1 (AG-1), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts of this Code. Telecommunication towers must comply with the requirements of Section 7.10.23. The general standards, conditions and requirements, as found in this Code, that pertain to conditional and accessory uses shall be used in the determination of the compatibility of the proposed use(s) with the surrounding land uses in the review of the Planned Nonresidential Development. All applications for Planned Nonresidential Development shall include a complete identification of all planned uses and activities. 7.02.03. Standards and Requirements. Standards and requirements for a Planned Non -Residential Development shall be as follows: A. Minimum Size. The minimum lot size requirements for a Planned Non -Residential Development shall be as follows: 1. Any Planned Non -Residential Development in a Residential Land Use classifi- cation shall comply with the minimum lot requirements in the Commercial Neighborhood (CN) Zoning District. 2. Any Planned Non -Residential Development in a Commercial, Industrial or Mixed Use Land Use classification shall comply with the minimum lot requirements in the Commercial General (CG) Zoning District. 3. All Planned Non -Residential Development shall be under common ownership or control. B. Dimensional Requirements. Minimum dimensional requirements shall be in accor- dance with Table 7.10 in Section 7,04.01, provided, however, that the Board of County Commissioners may condition approval of a Planned Non -Residential Development upon compliance with more stringent or restrictive dimensional requirements in order to ensure compatibility with surrounding land uses, to mitigate impact on the environment and natural resources, to ensure public safety and to ensure compliance with the St. Lucie County Comprehensive Plan; and, Any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995, the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply. C. Public Facilities. 1. The Planned Non -Residential Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other utility systems in order to ensure compatibility with surrounding land uses, to mitigate impact on the environment and natural resources, to ensure public safety and to ensure compliance with the St. Lucie County Comprehensive Plan. St. Lucie County Land Development Code 7:15 Adopted May 19, 2009 7.02.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 2. The minimum size of all water mains used, or intended for use, in fire protection activities is six (6) inches. Actual water main requirements will be determined by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. 3. The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eight (S) inches. Actual water main requirements will be determined by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. The maximum number of fire hydrants that may be located on any dead end water main is one (1). 4. Fire hydrants shall be provided at a minimum spacing of one (1) every six hundred (600) feet unless otherwise approved by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. D. Raffic and Pedestrian Circulation. 1. Every use permitted in a Planned Non -Residential Development shall have access to a public street either directly or through an approved private road, vehicular accessway, a pedestrian way, or other area dedicated to public or private use. 2. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedes- trian traffic. Minor streets within the Planned Non -Residential Development shall not be connected to streets outside the development so as to encourage their use by through traffic. 3. The proposed Planned Non -Residential Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. 4. Streets in a Planned Non -Residential Development may be dedicated to public use or retained under private ownership. Said streets and associated improve- ments shall comply with all pertinent County regulations and ordinances, however, variations to the standard minimum right-of-way widths may be considered as part of the Planned Non -Residential Development if it is shown to the satisfaction of the County Commission, that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. 5. Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. 6. All roads and streets shall intersect at an approximate ±5° angle of ninety (90) degrees unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. St. Lucie County Land Development Code 7:16 Adopted May 19, 2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.02.03 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. 8. The intersection of any two (2) local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty (660) feet, as measured from centerline to centerline. 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 greater than five hundred one (501) feet in length. The length of a dead-end street shall be measured along the centerline of the street from 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 the dead end roadway is five hundred (500) feet or less in length, a "Y" or "T" type of turn around may be approved. 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, unless otherwise approved through the review of the Planned Unit Devel- opment. 10. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of ten (10) feet from any exterior building walls, except for security gate houses or similar security structures located in a private street or road right-of-way. 11. Access points on all collector or arterial streets serving a Planned Non - Residential Development shall be located and spaced so that traffic moving into and out of the arterial streets does not cause traffic congestion. E. Parking and Loading. General Provisions. a. The number, type, and location of parking spaces shall be determined at the time of final Planned Nonresidential Development plan approval. The determination of the number of spaces required shall be based on Section 7.06.02 of this Code. The number of parking spaces required by this section may be reduced based on substantial competent evidence that the reduced number of spaces is adequate for the proposed use or that parking may be shared by proximate uses that operate at different times or on different days. b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(B)(4) of this Code. St. Lucie County Land Development Code 7:17 Adopted May 19, 2009 7.02.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 2. Off Street Parking and Loading. Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code, and the following standards: a. Off-street parking and loading areas shall be designed to provide travelways between adjacent uses while discouraging through traffic. b. Off-street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges, dense planting, or changes in grades or walls. 3. On Street Parking. In Planned Non -Residential Developments, on street parking may be used so long as the road on which the on -street parking is proposed lies entirely within the limits of the defined Planned Nonresidential Development and such parking would not contravene any other provision of this Code or the St. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards: a. The minimum size of a parking stall shall be as follows: parallel 8 feet X 23 feet angled 10 feet X 18 feet handicapped (parallel) 12 feet X 23 feet handicapped (angled) 12 feet X 18 feet b. Handicapped parking spaces shall be appropriately marked. C. Access for emergency fire vehicles shall be in accordance with NFPA standards. d. No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of three hundred sixty (360) square feet. F. Lighting. All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. G. Landscaping and Natural Features. 1. Native trees and vegetation and other natural features shall be preserved to the extent practicable. 2. All sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable. 3. Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. H. Open Space Standards. 1. For development projects of less than ten (10) acres, a minimum of twenty percent (20%) of the gross area of land to be committed to a Planned Non - Residential Development must be for use as common open space, which may include parks, recreation areas, bicycle and pedestrian paths and facilities, St. Lucie County Land Development Code 7:18 Adopted May 19, 2009 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.02.03 marinas, swimming beaches, common open space, common landscaping or planting areas, or other areas of public purpose other than street or road rights -of -way, utility easements, excluding exclusive stormwater treatment facil- ities, and parking areas. For development projects of ten (10) acres or more, a minimum of thirty-five percent (35%) of the gross area of land to be committed to a Planned Non - Residential Development must be for use as common open space, which may include parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping or planting areas, or other areas of public purpose other than street or road rights -of -way, utility easements, excluding exclusive stormwater treatment facil- ities, and parking areas. At the request of the developer, and subject to the approval of the Board of County Commissioners, use of recreational facilities may be offered to the general public. A minimum of fifteen percent (15%) of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required thirty-five percent (35%) common open space, For each acre of preserved native habitat above the required minimum fifteen percent (15%) that is preserved in its original state, credit shall be given at a rate of one hundred fifty percent (150%) per acre towards the remaining common open space requirement. All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Nonresidential Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space requirement subject to the requirement that fifteen percent (15%) of any existing native habitat on the property must be included as part of the required thirty-five percent (35%) common open space. As part of the Final Planned Nonresidential Development submission process, the developer or petitioner for the Planned Nonresidential Development shall provide for one (1) of the following: a. The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Nonresidential Development; or, b. A phased conveyance of the land to be used for common open space to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improve- ments that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Nonresidential Development. St. Lucie County Land Development Code 7:19 Adopted May 19, 2009 7.02.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE 2. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the requirements of this Code. 3. All land dedicated for common open space shall be physically part of the Planned Non -Residential Development. I. Phasing. 1. A Planned Non -Residential Development may be developed in more than one (1) stage or phase. 2. If a Final Development Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. The final stage or phase shall be completed within ten (10) years of the date of final development plan approval. Any extension of the above requirement is subject to approval by the Board of County Commissioners unless otherwise amended by the Board of County Commissioners. J. Signs. 1. Signs within any Planned Non -Residential Development located in a Residential or Agriculturally classified land use area shall comply with the provisions of Chapter 9 applicable to the Commercial Neighborhood (CN) Zoning District; provided, however, that the Board of County Commissioners may condition approval of a Planned Non -Residential Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. 2. Signs within any Planned Non -Residential Development located in a commer- cially or industrially classified Land Use Area shall comply with the provisions of Chapter IX applicable in the Commercial General (CG), Zoning District; pro- vided, however, that the Board of County Commissioners may condition approval of a Planned Non -Residential Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. St. Lucie County Land Development Code 7:20 Adopted May 19, 2009 W� -S. F.- .J e - . t rF AIM L _ } N V O y O co O) Cl) O (f1 N N N O O V O N I- m N W (O (O V) N N (� w (n (n in O m (n O m O) M M (p O O co Co (p O) N V N (O V O (l7 LO O) O N- V V M M V N Cl) Cl) M (D V Cl) M N M 'I. M M M M M M M M V V M M d (n Z LL LL LL LL LL LL LL LL LL LL LL LL LL d d N d y d 3 a)N N y D N 7 3 L 7 p 7 d 7 Z 7 d m d m 'C ` 7 3 J J J J y J J c c J J d (n (n V7 m(n O(n O.-N C C CNN v�a.ao oap> apinaz a. com0a.a_ C) M N N O (n O V O O O O VJ O H U y y m t L— U N C m C � O W x L � (/J to m y O EU �L> M N(n� �U > >> >> d 7UNVI m yO��OOn o c0 m n O n��ao JNN0 O N V N MU)O NN N O O) . co(O a h CO (n N N CO CO N o c O ` L o E m (n O o a o J O L X = N It x N y H C C H 0 o J cz <n y cp cl C LL O p J U J m y Y J J c 0)m W ... aE U f.- c cn C N a Y d cm o C c L a O N c m d p U d a) m y m _d N� 2 a c C) 05 L c —° ao d y+ `o ° o y m 3 (m d h a O Q U J~ > LL W a J om a (n - m m d C V 4) d J= C a) d d y m (a m l9 d d (6 4 o J J J C a' �m o6S ��iza'a'(ncn(nf- L O O O V m O (n O O O O O O I- O V M O O O O O O (O , (f) O O M O r� M O O O O O O V M O O M Il_ O O 0 V 0 cn f0 O (O O 0 0 M V co O O (p O 0 0 U) N O O O (n O O 0 0 0 0 V N V O O OD (O m 0 M N 0 co r' co V O (O 00 N O W 00 O 0 0 0 0 0 0 0 0 CD 0 0- O N 0 CD O 0 N 0 N 0 0 O � 0 d (1� 0 0 � (n 00 u� (A 0 (O 0 0 to � 0 0 (1� (!) 0 n 0 0 O N 1- 0 0 � V N N N V d V N N V N N V N N N A V a M V V M M V V M M V Q M V V M M V V M M V M V V A 0 V V M M Deanna Givens From: Lawrence Szynkowski Sent: Monday, August 31, 2009 11:36 AM To: Deanna Givens Subject: Mailing recipients for SLBP Storage BOCC Mtg Deanna Please see below: Ms. Anne D. Mortenson, President 47 Camino Del Rio Port St. Lucie FL 34952 Rev. Bernard Sheffield 199 Camino Del Rio Port St. Lucie FL 34952 Can you please read the January P&Z Minutes for people who are interested in the Storage Project. Thank you, Larry Szynkowski, AICP Senior Planner Growth Management Department St. Lucie County 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 772-462-2822 Fax 772-462-1806 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 1 BOARD OF COUNTY COMMISSIONERS August 31, 2009 Joe Smith 1800 Anywhere Dr. Anywhere, FL 34982 ST. COUNTY LuCI E FLO R I D A St. Lucie Business Park Storage — PNRD 06-008 GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that St. Lucie Self Storage, LLC has petitioned St. Lucie County to grant approval for a New Preliminary/Final PNRD (Planned Non -Residential Development) site plan for the project known as St. Lucie Business Park Storage Planned Non -Residential Development located in the PNRD (Planned Non -Residential Development) Zoning District for the following described property: Location: Lot#1 St. Lucie Business Park on Business Park Drive, 610 feet West of US Highway 1 and Across US Highway 1 from Mediterranean Avenue South. Legal Description: LOT 1, ST. LUCIE BUSINESS PARK, LESS THE SOUTH 19 FEET, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 9A, PUBLIC RECORDS OF ST. LUCIE COUNTY. SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, CONTAINING 1.42 ACRES PARCEL CONTROL NUMBER: 342670200020006 The public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on Tuesday, September 15, 2009, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy strongly encourages your input and comment at the public hearing of this matter before the Board of County Commission, rather than by contact outside of the scheduled public hearing. We encourage you to speak at these public hearings, or provide written comments for the record. The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772) 462-1428. 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 Administrator —Faye W. Outlaw, MPA Website: www.co.st-lucieftus 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 GROWTH MANAGEMENT PHONE: (772) 462-2822 FAX: (772) 462-1581 If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-2822 or email szynkowlgstlucieco.org if you have any questions, and refer to the project name and number listed above. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Paula A. Lewis, Chair Form No. 07-19 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA September 15, 2009 NOTICE OF PRELIMINARY/FINAL PNRD SITE PLAN APPROVAL The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following by resolution: RESOLUTION NO. 09-008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING APPROVAL FOR A NEW PRELIMINARY/FINAL PNRO (PLANNED NON-RESIDENTIAL DEVELOPMENT) SITE PLAN FOR THE PROJECT KNOWN AS ST. LUCIE BUSINESS PARK STORAGE PLANNED NON-RESIDENTIAL DEVELOPMENT LOCATED IN THE PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT) ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA. APPLICANT: St Lucie Self Storage, LLC FILE NUMBER: PNRD 06-008 LEGAL DESCRIPTION: LOT 1, ST LUCIE BUSINESS PARK, LESS THE SOUTH 19 FEET, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 9A, PUBLIC RECORDS OF ST LUCIE COUNTY. SECTION 26, TOWNSHIP 36 SOUTH, RANGE40 EAST, CONTAINING 1.42 ACRES PARCEL CONTROL NUMBER: 342670200020006 LOCATION: Lot #1 St Lucie Business Park on Business Park Drive, 610 feet West of US Highway 1 and across US Highway 1 from Mediterranean Avenue South PURPOSE: The petitioner is proposing a 4-story, 88,270 square foot, self -storage building, with a shared driveway w q N swis,p�p.m pm— Uista . mi 111 pp—l�I.a' ff m d \51 ;ado POrt st The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, Septemberl5, 2009, beginning at 6:00 p.m. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Growth Management Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Growth Management Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call 772/462-2822 or TDD 772/462-1428 if you have any questions or require additional information. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. 11 it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at 772/462-1777 or T.D.D. 772J462-1428. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ PAULA A. LEWIS, CHAIR PUBLISH DATE: August 28, 2009 Agenda Request To: Board of County Commissioners Submitted By: Growth Management Department SUBJECT: Item Number VII -A, Meeting Date: Consent Regular Public Hearing Leg. [ ] 04/07/2009 L] I ] Quasi -JD [X ) P vented y Sa Ma k tterlee, Al Growth Management Director The continuation of the petition of St. Lucie Self Storage, LLC for Preliminary/Final PNRD (Planned Non - Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage PNRD located in Lot #1 St. Lucie Business Park. The project is located on Business Park Drive, 610 feet West of US-1, and across US-1 from Mediterranean Avenue in a PNRD Zoning District. Draft Resolution No 09-008 is attached. BACKGROUND: The Growth Management Department recommended a continuance to the April 7, 2009 public hearing for the petition of St. Lucie Business Park Storage to allow enough time to resolve the Master Drainage Plan and the maintenance of the existing drainage swale facilities. The Code Compliance Division has issued eight Notice of Violations to all of the property owners on both sides of the property line. They have all been given until April 30, 2009 for the swale be cleaned out. The applicant on Lot #1 is proposing a 6-story, 104,369 square feet, self -storage building with a footprint of 17,796 square feet. 1. On December 14, 1988, Resolution No.88-365 granted the St. Lucie Business Park PNRD Zoning District, 2. On November 17, 1989, a replat was approved for 13 lots, including Lot #1. 3. On February 6, 1990, Resolution No. 90- 27 granted a site plan for Lots #1- #4 and #11413. The 1990 site plan depicted 4 buildings constructed on Lots 1-4 and Lots 11-13, totaling 102,162 square feet. The 1990 site plan approved a total of 102,162 square feet and showed a one- story, 26,670 square foot warehouse shown as "Building 2" to be built on Lots #1 & #2. That structure was never erected. Moreover, a 10,000 square foot building was constructed on Lot #2 in 2000, by Noland Properties, Inc. Therefore, the proposed building size is not in substantial conformity with the existing site plan and would exceed the floor area by 77,699 square feet. Pursuant to Land Development Code Section 11.02.05.F.2, the petitioner is required to request a New Preliminary/Final PNRD Site Plan approval. Form No. 07-07 FUNDS AVAILABLE: N/A PREVIOUS ACTION: On December 14, 1988, through Resolution No. 88-365 this Board granted a change in zoning to PNRD. On November 17, 1989 this Board approved a replat. On February 6, 1990 through Resolution No. 90-27 this Board approved the site plan for Lots #1- #4 and Lots #11-#13. On January 15, 2009, The Planning & Zoning Commission by a vote of 9 to 0 recommended adoption of the Draft Resolution No. 09-008 with four added conditions, On February 17, 2009 this Board continued the Item to March 3, 2009 to allow time for the applicant to resolve the landscape requirements on the western property line. On March 3, 2009 this Board continued the Item to April 7, 2009 to allow for time to resolve the issues of the Master Drainage Plan for the entire St. Lucie Business Park PNRD. RECOMMENDATION: Pursuant to Section 11.02.05.F of the LDC, the DRC staff stands by the previous determinations that this proposed Major Adjustment to a Final PNRD Site Plan is not in substantial conformity to the previously approved Final PNRD Site Plan for the St. Lucie Business Park and therefore recommends that this application be remand back to the Development Review Committee to revise the proposed building to reduce the overall height, size and mass of the building. COMMISSION ACTION: CONCURRENCE: ❑ APPROVED DENIED 1:1 OTHER Ch County Attorney Daniel S. McIntyre County Engineer: MN/P Michael Powley Form No. 07-07 Faye W. Outlaw, MPA County Administrator Coordination/ Signatures E.R.D.: County Surveyor: �j1i�jf Jennife vans Ron Harris Other: Other: County Commission Review: 04/07/09 File Number: PNRD-06-008 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Board of County Commissioners THROUGH: M r�r, Growth Management Director FROM: Kristin Tetsworth, Planning Manager DATE: April 7, 2009 SUBJECT: The continuation of the petition of St. Lucie Self Storage, LLC for Preliminary/Final PNRD (Planned Non -Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage PNRD located in Lot #1 St. Lucie Business Park. BACKGROUND: On December 14, 1988, through Resolution No. 88-365 this Board granted a change in zoning to PNRD. On November 17, 1989 this Board approved a replat. On February 6, 1990 through Resolution No. 90-27 this Board approved the site plan for Lots #1- #4 and Lots #11413. Lot #1 was approved for a 26,670 square foot, one story building. May 8, 2006 the applicant applied for a Major Site Plan for a 108,029 square foot, six story building. The application was being processed as a Major Adjustment. May 5, 2008 After going through the Development Review Committee process, Staff determined that the proposed building is not in substantial conformity with the approved Final PNRD Site Plan and Resolution 90-27 approved on February 6, 1990. The St. Lucie Land Development Code requires that Growth Management Staff bring the application before the Board of County Commissioners to make the determination of "substantial conformity", and that the Board may then remand the application back to the Development Review Committee, requiring the submittal of a New Preliminary/Final PNRD Site Plan. 11.02.05. F. MAJOR ADJUSTMENTS Any other adjustment to the approved final site plan shall be a major adjustment and shall be granted only upon application to and approval by the Board of County Commissioners, which may grant approval for major adjustments only after a public hearing and upon finding that any proposed changes in the approved Final Planned Development Site Plan will be in substantial conformity with the original approval. 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 adjustments are not in substantial conformity with the original approval, then it shall refer the request to the Community Development Director for initiation of a new Preliminary Site Plan, in accordance with the provisions of Section 11.02.05(A) of this Code. The applicant's representative met with Growth Management and determined the best course of action was to proceed directly to the Planning and Zoning Commission with a New Preliminary/Final PNRD Site Plan. Staff has been clear from the beginning that this is a Planned Development and as such all of the requirements of Section 7.10.24 Community Architectural Standards must be exemplified in the new site plan. The PNRD zoning district is held to a higher standard for overall site design, including the provision of open space, integration of landscape elements, architectural design, compatibility and conformity to the previously approved Final Site Plan and Property Owners Association. When it was approved, a Master Drainage Plan was put into effect allowing for the centralization and common utilization of drainage swales and stormwater retention ponds, common open space and the like. Otherwise each individual lot would have been required to comply with on -site drainage retention and provide a pond on site, thereby reducing the square footage of any buildings. GM Staff encourages and is in support of Planned Developments for some of these reasons. However, when these properties are sold individually, full disclosure of the POA is required by Florida Statute. Each owner also pays into a Community Development District for the overall maintenance of common areas and facilities. Staff has made every effort to advise the property owner, as well as the agent, what the concerns and issues are. Throughout the DRC process, Staff discussed the possibility of increasing the footprint and simultaneously reducing the height with the project engineer. However, the recommendations of staff were not implemented. The site was not redesigned. The Agent wanted to move forward to be put on an Agenda despite the findings and determinations of staff that this proposed building created concerns over the size and mass of the building and exceeds the previously approved square footage threefold. Before scheduling the Item on the next Planning & Zoning Commission Agenda, Staff advised the Agent to conduct a neighborhood meeting. This will be a Code requirement of all applications when the new LDC revisions are adopted, therefore it has become a practice and policy of GM to require these meetings. In October 2008, a neighborhood meeting was conducted. The applicant made modifications to the exterior lighting, hours of operation were limited by a condition of approval, a traffic signal warrant study will be required, and the landscaping along the property line shared with the residential uses to the west will be enhanced with additional landscaping and trees. The residents, through the Wynne Building Corporation, requested a chain link fence with slats in it. On January 15, 2009, The Planning & Zoning Commission held a public hearing and all of the issues were presented by staff. There were no members of the public there to speak out against the petition. There were no objections sent to the Growth Management Department by mail. After hearing the presentation by staff and additional comments from the applicant's Agent, the Commission concluded that a chain link fence with slats was inappropriate as a buffer for the residential and recommended that a masonry wall be constructed with 60% of the landscape material planted on the outside of the wall adjacent to the residential units. This was a condition of approval to be added to the Resolution that would be presented to the BOCC. Further, there were 3 additional conditions added which were a result of the neighborhood meeting. The Planning and Zoning Commission, therefore, recommended adoption of the Draft Resolution No. 09-008 with four added conditions, by a vote of 9 to 0. It was only after the Planning and Zoning Commission public hearing that individual residents began to inquire regarding how the landscaping would be enhanced. On February 17, 2009 this Board continued the Item to March 3, 2009 to allow time for the applicant to resolve the landscape requirements on the western property line. Additionally, at the previous public hearing on March 3, 2009, it was revealed that the drainage swales needed to be cleaned out. Therefore, the second continuance to today's hearing date was at the recommendation of Growth Management. Staff has determined that this is a Code enforcement issue on an existing property, which needs to be cleared up prior to the BOCC considering additional development within this previously approved PNRD. Approving any additional development will negatively impact the capacity of the Master Drainage Plan. It is the responsibility of the Lake Lucie CDD to properly maintain the existing drainage facilities which were approved as an integral part of the original PNRD for the overall Business Park. This is not a County owned drainage Swale and it lays side by side to another drainage Swale on the Spanish Lakes property. Since the last meeting, the Code Compliance Division has issued eight Notice of Violations which include seven lots in the St. Lucie Business Park PNRD as well as the Spanish Lakes development owned by the Wynn Corporation. Once the County was made aware of the problem, all of the parties on both sides of the property line have been noticed of the violations and have been given until April 30, 2009 to clean out all of the drainage swales. Further, the Development Review Committee deliberated on this property again, on March 19, 2009 to ensure that there are no further outstanding issues. Pursuant to Section 11.02.05.F of the LDC, the DRC staff stands by the previous determinations that this proposed Major Adjustment to a Final PNRD Site Plan is not in substantial conformity to the previously approved Final PNRD Site Plan for the St. Lucie Business Park and therefore recommends that this application be remand back to the Development Review Committee to revise the proposed building to reduce the overall height, size and mass of the building. Please contact this office if you have any questions on this matter. SUBMITTED: 1; L- Mark Satterlee, AICP Growth Management Director Attachment KT/lap cc: Norman Schulman, St. Lucie Self Storage, LLC Randy Rogers, Friscia Engineering Ron Harris, St. Lucie County Surveyor Michael Powley, St. Lucie County Engineer Christopher Lestrange, Code Compliance Manager Environmental Resources Department Agenda Item Companion Report TO: Board of County Commissioners FROM: Jennifer Evans Environmental Resources Department DATE: March 31, 2009 RE: St Lucie Self Storage DEPARTMENT COORDINATION ERD worked with Growth Management, as well as other members of the Development Review Committee, regarding this project. ERDINPUT ERD input has been provided in the attached staff report and supporting materials. ERD RECOMMENDATION ERD supports Growth Managements recommendation to remand this application back to the Development Review Committee for revision. si ature BOARD OF COUNTY COMMISSIONERS Notice of Violation St. Lucie County Code Compliance Division WYNNE BUILDING CORP 8000 S US HWY 1 STE 402 PORT ST LUCIE, FL 34952 PUBLIC WORKS DEPARTMENT 3/25/2009 Case number: 62223 1. Pursuant to Article III of Chapter 1-2 of the Code of Ordinances of Saint Lucie County, Florida, you are hereby notified that the following violations appear to exist on the property described below: BEHIND ST LUCIE BUSINESS PARK PORT ST LUCIE, FL 34952 Tax ID number:342711100020005 Legal description: Please see attached Violation description: Please see attached 2.The violatlon must be corrected by:4/12/2009 3. Failure to correct the violation may result in the scheduling of a public hearing before the St. Lucie County Code Enforcement Board. The Board is empowered to levy a fine not to exceed $250.00 per day for each day the violation continues past the date set for compliance. A fine not to exceed $500.00 per day may be levied for a repeat violation. The fine(s) may become a lien upon the real or personal property of the violator. The Board may impose additional fines to cover costs incured in enforcing the rnrias 4. When you have corrected the violation(s) or should you require any additional information regarding this notice, please contact the St. Lucie County Code Compliance Division at (772) 462-1571. Melissa Brubaker Code Compliance Phone:(772) 462-1571 Fax:(772) 462-5214 If you need assistance in complying with a Code Enforcement Violation due to age, health, financial burden, etc., we may be able to help through our Community Service Department with groups such as the N' Team. You may reach the Community Service Department at (772) 462 - 1777. Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Ft Pierce, FL 34982 Public Works: (772) 462-1571 FAX (772) 462-5214 Violations found on case 62223 Ordinance 7.07.08 SLC LDC FAILURE TO MAINTAIN STORMWATER MANAGEMENT SYSTEMS Finding PLEASE CLEAR THE BACK SWALE TO ALLOW FOR THE UNOBSTRUCTED FLOW OF STORMWATER. ALSO PLEASE CALL ENVIRONMENTAL AT 462-2526 FOR AN EXEMPTION PERMIT. Wednesday, March 25, 2009 Page I of I M1 Property Appraiser - St.Lucie County, FL Page 1 of 1 Wynne Building Corp Record: 1 of 6 Property Identification Site Address: 157 CAMINO DEL RIO Sec/Town/Ramie: 27 :36S :40E Map ID: 34/27N Zoning: AR-1 Ownership and Mailing Owner: Wynne Building Corp Address: 8000 S US Hwy 1 Ste 402 Port St Lucie FL 34952 PROPERTY RECORD CARD <<Prev Next» Spac.Assmnt Taxes Exemptions Permits Home Print ParcellD: 3427-111-0002-000-5 �VUCIE CpG� Account #: 115459 `tea Land Use: CitylCnty; ST. LUCIE COUNTY Legal Description 27 36 40 ALL THAT PART LYING E ANDN OF ST LUCIE RIVER AND W OF US 1 (219.60 AC) (OR 254-1990, 2013) Sales Information Assessment 2008 Final Total Land and Building Date Price Code Deed Book/Page 2008 Final: 18255400 Land Value: 9270700 Acres: 69.6 1/1/1900 0 J Assessed: 18265400 Building Value: 8984700 Ag.Credit: 0 Finished Area: 19828 SgFt Exempt: 0 Taxable: 18255400 Taxes: 347785.42 BUILDING INFORMATION Exterior Features View: HoofCover: - HoofStruct: ExtTypc: MHPK - MH Parks YearBlt: 1983 Frame: Grade. C - C Et1YrBlt: 1983 PrimeWall: StoryHghl: 0010 - 1 Story NoA)nitx 615 SecWall: Interior Features BedRooms: 735 'Electric: - PnnlntWall: FullBalh: 0 FleatType: Avgl lVFt: 1/26ath: 0 HeatFuei: - Prm,Flors: - % A/C: 0 % Heated: 0 %Sprinkled: 0 Special Features and Yard Items Land Information Type Y/S Oty. Units Oual. Cond. YrBlt, No, Land Use Typo Measure Depth CURB - CEMENT CURB Y 1 650 GD AV 2001 1 2800- 130 -Site 615 PRKG/MOBILE ASP1 - ASP1 HIGH Y 1 277848 AV AV 1983 2800- 2 530 -Acres PRKG/MOBILE 36.5 3 2800- 500 -Acres 31.6 PRKG/MOBILE More... 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?prclict=342711100020005 3/25/2009 BOARD OF COUNTY COMMISSIONERS Notice of Violation St. Lucie County Code Compliance Division NOLAND PROPERTIES INC % TAX ADMINISTRATOR NEWPORT NEWS VA 23607 PUBLIC WORKS DEPARTMENT 3/17/2009 Case nurnber: 62149 1. Pursuant to Article III of Chapter 1-2 of the Code of Ordinances of Saint Lucie County, Florida, you are hereby notified that the following violations appear to exist on the property described below: 8227 BUSINESS PARK DR PORT ST LUCIE, FL 34983 Tax ID number:342670200030003 Legal description: Please see attached Violation description: Please see attached 2.The violation must be corrected by:4/10/2009 3. Failure to correct the violation may result in the scheduling of a public hearing before the St. Lucie County Code Enforcement Board. The Board is empowered to levy a fine not to exceed $250.00 per day for each day the violation continues past the date set for compliance. A fine not to exceed $500.00 per day may be levied for a repeat violation. The fine(s) may become a lien upon thereal or personal property of the violator. The Board may impose additional fines to cover costs incured. in enforcing the nnriac 4. When you have corrected the violation(s) or should you require any additional information regarding this notice, pleas contact the St. Lucie County Code Compliance Division at (772) 462-1671. Melissa Brubaker Code Compliance Phone:(772) 462-1571 Fax:(772) 462-5214 if you need assistance in complying with a Code Enforcement Violation due to age, health, financial burden, etc., we may be able to help through our Community Service Department with groups such as the N' Team. You may reach the Community Service Department at (772) 462 -1777. Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles,consiga traduccion inmediatamente. 2300 Virginia Avenue, Ft Pierce, FL 34982 Public Works: (772) 462-1571 FAX (772) 462-5214' t-'j,'11? -90 2009 =tiY.�� I 1 � d' ?t��Ic;�1111ta0 Violations found on case 62149 Ordinance 7.07.08 SLC LDC FAILURE TO MAINTAIN STORMWATER MANAGEMENT SYSTEMS Finding PLEASE CLEAR THE BACK SWALE TO ALLOW FOR THE FLOW OF STORMWATER Tuesday, March 17, 2009 Page I of I Property Appraiser - St.Lucie County, FL Page 1 of 1 Noland Properties Inc Record: 1 of 1 Property Identification Site Address: 8227 BUSINESS PARK DR Sec/Town/Range: 26 :36S :40E Map ID: 34126S Zoning: PNRD Ownership and Malting Owner: Address: 80 29th St Sales Information Date Price 6/2/1999 100000 PROPERTY RECORD CARD <<Prev Next» Spec.Assmnt Taxes Exemptions Permits Home Print ParcellD: 3426-702-0003-000-3 C CtEQOG Account #: 129339''+. "- Land Use; LGHT MNFCT City/Cnty: ST. LUCIE COUNTY Legal Description Noland Properties Inc ST LUCIE BUSINESS PARK S 19 FT OF LOT 1 AND LOT 2-LESS S % Tax Administrator 12 FT- (0.97 AC) (OR 1229-1315) Newport News VA 23607-0971 Assessment2008 Final Total Land and Building Code Deed Book/Page 2008 Final: 679900 Land Value: 203900 Acres: 0.97 00 WD 1229 / 1315 Assessed: 679900 Building Value: 476000 Ag.Credit: 0 Finished Area: 9838 SgFt Exempt: 0 Taxable: 879900 Taxes: 12952.86 BUILDING INFORMATION Exterior Features View: RoofCover: SM - Sheet Metal RoofStruct: BR - BarJst/Rigid ExtType: INDF - INDUS-FLEX YearBlt: 2000 Frame: SO40 - Grade: Y_C - Commer C EffYrBIC 2000 PrimeWall: CM - Corr Metal StoryHght: 0010 -1 Story No.Unils: 1 SecWall: BS - CB Stucco Interior Features BedRooms: 0 Electric: MX - MAXIMUM PrminiWall: DW - Drywall FullBath: 0 HeatType: FHA - FrcdHotAir AvgHUFI: 1/28ath: 0 HeatFuel: ELEC - Electric Prm.Flors: CG - CONC GRD %A/C: 15 %Heated: 15 . %Sprinkled: 100 Special Features and Yard Items Land Information Type Y/S Oty. Units Clual, Cond. YFBIL No. Land Use Type Measure Depth CURB - CEMENT CURB Y 1 110 AV AV 2000 1 4100-LGHT MNFCT A -Sq Feet 42480 ASP1 - ASP1 HIGH Y 1 12086 AV AV 2000 CNCS - CONCRET HIGH Y 1 2004 AV AV 2000 OHD - OHD AVG Y 1 324 AV AV 2000 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED httl)://www.paslc.org/pre.asp?prclid=342670200030003 3/13/2009 BOARD OF COUNTY COMMISSIONERS Notice of Violation St. Lucie County Code Compliance Division ADAMS RANCH INC 26003 ORANGE AVE FT. PIERCE, FL 34979 PUBLIC WORKS DEPARTMENT 3/1712009 Case number: 62152 1. Pursuant to Article III of Chapter 1-2 of the Code of Ordinances of Saint Lucie County, Florida, you are. hereby notified that the following violations appear to exist on the property described below: 8281 BUSINESS PARK DR PORT ST LUCIE, FL 34983 Tax ID number:342670200060004 Legal description: Please see attached Violation. description: Please see attached 2.The violation must be corrected by:4/l/2009 3. Failure to correct the violation may result in the scheduling of a public hearing before the St. Lucie County Code Enforcement Board. The Board is empowered to levy a fine not to exceed $250.00 per day for each day the violation continues past the date set for compliance. A fine not to exceed $500.00 per day may be levied for a repeat violation. The fine(s) may become a lien upon the real or personal property of the violator. The Board may impose additional fines to cover costs incured in enforcing the nnrlac 4. When you have corrected the violation(s) or should you require any additional information regarding this notice, please contact the St. Lucie County Code Compliance Division at (772) 462-1571. M 21 A Z-'L &L 4 Melissa Brubaker Code Compliance Phone:(772) 462-1571 Fax:(772) 462-5214 If you need assistance in complying with a Code Enforcement Violation due to age, health, financial burden, etc., we may able to help through our Community Service Department with groups such as the N' Team. You may reach the Community Service Department at (772) 462 -1777. Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Ft Pierce, FL 34982 Public Works: (772) 462-1571 FAX (772) 462-5214 Violations found on case 62152 Ordinance 7.07,08 SLC LDC FAILURE TO MAINTAIN STORMWATER MANAGEMENT SYSTEMS Finding PLEASE CLEAR THE BACK SWALE TO ALLOW THE WATER TO FLOW. Tuesday, March 17, 2009 Page I of 1 Property Appraiser - St.Lucie County, FL Page 1 of 1 PROPERTY RECORD CARD I. Adams Ranch Inc Record: 1 of 1 <<Prev Next» Spec.Assmnt Taxes Exemptions Permits Home Print Property Identification k�ylCJE �i0 Site Address: 8281 BUSINESS PARK DR ParcellD: 3426-702-0006-000-4 See/TownlRange: 26 :36S :40E Account #: 129341 Map ID: 34126S Land Use: WRHSNG DIST Zoning: PNRD City/Cnty: ST. LUCIE COUNTY Ownership and Mailing Legal Description Owner: Adams Ranch Inc ST LUCIE BUSINESS PARK LOTS 5 AND 6 (1.88 AC) (OR 1627-2129) Address: 28003 Orange Ave Fort Pierce FL 34979-2909 Sales Information Assessment 2008 Final Total Land and Building Date Price Code Deed Book/Page 2008 Final: 1325900 Land Value: 393100 Acres: 1.88 12/12/2002 1250000 01 WD 1627 / 2129 Assessed: 1325900 Building Value: 932800 2/11/2002 1027300 01 WO 1491 / 0561 Ag.Credit: 0 Finished Area: 16928 SgFt 1/1/1900 0 ! Exempt: 0 Taxable: 1325900 Taxes: 25259.86 BUILDING INFORMATION Exterior Features View: RoofCover: SM - Sheet Metal RoofStruct: TR - Steel Rigid ExtType: INDD - INO-DISTRIB YearBlt: 1996 Frame: Grade: Y_B - Commer B EffYrBit: 1996 PrimeWalt CM - Corr Metal StoryHght: HF13 - 13 Ft Add HI No.Units: SecWall: BS - CS Stucco Interior Features BedRooms: 0 Electric: MX-MAXIMUM PrmintWall: FuilBath: 1 HeatType: FHA - FrcdHotAir AvgHt/FI: STD 1/2Bath: 0 HeatFuel: ELEC - Eieciric Prm.Flors: CG - CONC GRD %A/C: 7 %Heated: 7 %Sprinkled: 100 Special Features and Yard Items Land Information Type Y/S Qty, Units Qual. Cond. YrBlt. No. Land Use Type Measure Depth ASP2 - ASP2 LOW Y 1 30034 AV AV 1996 1 4800-WRHSNG DIST XI =Sq Feet 81893 OHD - OHO AVG S 1 1344 AV AV 1996 CURB - CEMENT CURB Y 1 850 AV AV 1996 FEN6 - CHAINLINK 6' Y 1 178 AV AV 1996 CURB - CEMENT CURB Y 1 168 AV AV 1996 WAL3 - CBSWaIl6"Blk Y 1 72 AV AV 1996 CNCR - CONCRET RAMP Y 1 1560 AV AV 1996 CNC2 - CONCRETE LOW Y 1 4264 AV AV 1996 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED httn•//unxrunaclr, nra/nrr. asn9nrr.liri=Aa?.6702)0O 6000A 1/12/�MO BOARD OF COUNTY COMMISSIONERS Notice of Violation St. Lucie County Code Compliance Division ST LUCIE BUSINESS PARK LLC 2240 WOOLBRIGHT RD #300 BOYNTON BEACH, FL 33426 PUBLIC WORKS DEPARTMENT 3/19/2009 Case number: 62176 1. Pursuant to Article III of Chapter 1-2 of the Code of Ordinances of Saint Lucie County, Florida, you are hereby notified that the following violations appear to exist on the property described below: ST LUCIE BUSINESS PARK LOT 7 PORT ST LUCIE, FL 34983 Tax ID number: 342670200080008 Legal description: Please see attached Violation description: Please see attached 2.The violation must be corrected by:4/10/2009 3. Failure to correct the violation may result in the scheduling of a public hearing before the St. Lucie County Code Enforcement Board. The Board is empowered to levy a fine not to exceed $250.00 per day for each day the violation continues past the date set for compliance. A fine not to exceed $500.00 per day may be levied for a repeat violation. The fine(s) may become a lien upon the real or personal property of the violator. The Board may impose additional fines to cover costs insured in enforcing the rnrla5 4. When you have corrected the violation(s) or should you require any additional information regarding this notice, please contact the St. Lucie County Code Compliance Division at (772) 462-1571. (V� ax,�&w Melissa Brubaker Code Compliance Phone:(772) 462.1571 Fax:(772) 462-5214 If you need assistance in complying with a Code Enforcement Violation due to age, health, financial burden, etc., we may be able to help through our Community Service Department with groups such as the N' Team. You may reach the Community Service Department at (772) 462 -1777. Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Ft Pierce, FL 34982 Public Works: (772) 462-1571 FAX (772) 462-52141,": ;�, no 2909 Violations found on case 62176 Ordinance 7.07.08 SLC LDC FAILURE TO MAINTAIN STORMWATER MANAGEMENT SYSTEMS Finding PLEASE CLEAR THE BACK SWALE TO ALLOW FOR THE FLOW OF STORMWATER. ALSO PLEASE CALL ENVIROMENTAL AT 462-2526 TO OBTAIN AN EXEMPTION PERMIT. Thursday, March 19, 2009 Page 1 of 1 Property Appraiser - St.Lucie County, FL Page 1 of 1 PROPERTY RECORD CARD St Lucie Business Park Lic Record: 1 of 1 «Prev Next» Spec.Assmnt Taxes Exemptions Permits Home Print Property Identification Site Address: BUSINESS PARK DR ParcellD: 3426-702.0008.000.8yCJE SeclTown/Range: 26 :36S :40E Account #: 129343 Map ID: 34/26S Land Use: VCNT INDUS Zoning: PNRD Clty/Cnty: ST. LUCIE COUNTY Ownership and Matting Legal Description Owner: St Lucia Business Park Lic ST LUCIE BUSINESS PARK LOT 7 (1.37 AC) (OR 1807-2363) Address: 2240 Woolbright Rd #300 Boynton Beach FL 33426 Sales Information Assessment 2008 Final Total Land and Building Date Price Code Deed Book/Page 2008 Final: 286600 Land Value: 286600 Acres: 1.37 11/25/2002 100 02 WD 1807 / 2363 Assessed: 286600 Building Value: 0 5/11/1999 2700000 02 WD 1222 / 2592 Ag,Credit: 0 Finished Area: 0 SgF1 Exempt: 0 Taxable: 286600 i Taxes; 5460:03 ! BUILDING INFORMATION No sketch val: able .vat lib 1 Exterior Features View: RoofCovec RootStrucC ExtType: YearBlt: Frame: Grade: EffYrBit: PrimeWail: StoryHght: No.Units: SecWall: Interior Features BedRooms: Electric: PrinlntWall: FullBath: HeatType: AvgHt/Fi: 1 /2Bath: HeatFuel: Prm,Fiors: /oA/C: %Heated: %Sprinkled: Special Features and Yard Items Land Information Type Y/S Qty, Units Qual. Cond. YrBlt. No. Land Use Type Measure Depth j 1 4000-VCNT INDUS XI -Sq Feet 59703 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. httn://W W W.naslc.OrIZ/nrc.asn?Drclid=342670200080008 3/19/2009 BOARD OF COUNTY COMMISSIONERS Notice of Violation St. Lucie County Code Compliance Division ST LUCIE PALM CENTER LLC 2240 WOOLBRIGHT RD STE #300 BOYNTON BEACH, FL 33426 PUBLIC WORKS DEPARTMENT 3/19/2009 Case number: 62178 1. Pursuant to Article III of Chapter 1-2 of the Code of Ordinances of Saint Lucie County, Florida, you are hereby notified that the following violations appear to exist on the property described below: ST LUCIE BUSINESS PARK LOT 8 PORT ST LUCIE, FL 34983 Tax ID number:342670200090005 Legal description: Please see attached Violation description: Please see attached 2.The violation must be corrected by:4/10/2009 3. Failure to correct the violation may result in the scheduling of a public hearing before the St. Lucie County Code Enforcement Board, The Board is empowered to levy a fine not to exceed $250.00 per day for each day the violation continues past the date set for compliance. A fine not to exceed $500.00 per day may be levied for a repeat violation. The flne(s) may become a lien upon the real or personal property of the violator. The Board may impose additional fines to cover costs incured in enforcing the rnriaS 4. When you have corrected the violation(s) or should you require any additional information regarding this notice, please contact the St. Lucie County Code Compliance Division at (772) 462-1571. Melissa Brubaker Code Compliance Phone:(772) 462-1571 Fax:(772) 462-5214 If you need assistance in complying with a Code Enforcement Violation due to age, health, financial burden, etc., we may be able to help through our Community Service Department with groups such as the N' Team. You may reach the Community Service Department at (772) 462 -1777. Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Ft Pierce, FL 34982 Public Works: (772) 462-1571 FAX (772) 462-52141`<, f r ?0 2009 Violations found on case 62178 Ordinance 7.07.08 SLC LDC FAILURE TO MAINTAIN STORMWATER MANAGEMENT SYSTEMS Finding PLEASE CLEAR THE BACK SWALE TO ALLOW FOR THE FLOW OF STORMWATER. ALSO PLEASE CALL ENVIROMENTAL AT 462-2526 TO OBTAIN A EXEMPTION PERMIT. Thursday, March 19, 2009 Page I of I Property Appraiser - St.Lucie County, FL Page 1 of 1 PROPERTY RECORD CARD St Lucie Palm Center Lie Record: 1 of i <<Prev Next» Spec.Assmnt Property Identification Taxes Exemptions Permits Home Print �Clf C Site Address: BUSINESS PARK DR ParcellD: 3426-702-0009-000-5 �� -. QL" Sec/Town/Range: 26 :36S :40E Account #: 129344 Map ID: 34/26S Land Use: VCNT 1NDUS Zoning: PNRD City/Cnty: ST. LUCIE COUNTY I Ownership and Mailing Legal Description Owner: St Lucie Palm Center LIc ST LUCIE BUSINESS PARK LOT 8 (1.64 AC) (OR 2120-97) Address: 2240 Woolbright Road Ste 300 Boynton Beach FL 33426-6363 Sales Information Assessment 2008 Final Total Land and Building Date Price Code Deed Book/Page 2008 Final: 342900 Land Value: 342900 Acres: 1.64 12/7/2004 90000 03 WD 2120 / 0097 Assessed: 342900 Building Value: 0 11/25/2002 100 02 WD 1807 / 2363 Ag.Credit: 0 Finished Area: 0 SgFI 5/11/1999 2700000 02 WD 1222 / 2592 Exempt: 0 Taxable: 342900 Taxes: 8532.83 BUILDING INFORMATION NDetc Avail-� ble .NoImage 'Ia:bl Exterior Features View: RoofCover: RoolStruct: ExiType: YearBlt: Frame: Grade: EI1YrBlt: PrimeWall: StoryHght: No.Units: SecWall: Interior Features BedRooms: Electric: PrmintWall: FullBath: HeatType: AvgHUFI: 1/26ath: HeatFuel: Prm.Flors: %A1C, %Heated; %Sprinkled: Special Features and Yard Items Land Information Type Y/S Oty. Units Oual. Cond. YrBlt, No. Land Use Type Measure Depth 1 4000-VCNT INDUS XI -Sq Feet 71436 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=342670200090005 3/19/2009 BOARD OF COUNTY COMMISSIONERS Notice of Violation St. Lucie County Code Compliance Division ST LUCIE BUSINESS PARK LLC 2240 WOOLBRIGHT RD # 300 BOYNTON BEACH, FL 33426 PUBLIC WORKS DEPARTMENT 3/19/2009 Case number: 62180 1. Pursuant to Article I I I of Chapter 1-2 of the Code of Ordinances of Saint Lucie County, Florida, you are hereby notified that the following violations appear to exist on the property described below: ST LUCIE BUSINESS PARK LOT 11 PORT ST LUCIE, FL 34983 Tax ID number:342670200120009 Legal description: Please see attached Violation description: Please see attached 2.The violation must be corrected by:4/10/2009 3. Failure to correct the violation may result in the scheduling of a public hearing before the St. Lucie County Code Enforcement Board. The Board is empowered tor levy a fine not to exceed $250.00 per day for each day the violation continues past the date set for compliance. A fine not to exceed $500.00 per day may be levied for a repeat violation. The fines) may become a lien upon the real or personal property of the violator. The Board may impose additional fines to cover costs incured in enforcing the aortas ' 4. When you have corrected the violation(s) or should you require any additional information regarding this notice, please contact the St. Lucie County Code Compliance Division at (772) 462-1571. Melissa Brubaker Code Compliance Phone:(772) 462-1571 Fax:(772) 462-5214 If you need assistance In complying with a Code Enforcement Violation due to age, health, financial burden, etc., we may be able to help through our Community Service Department with groups such as the N' Team. You may reach the Community Service Department at (772) 462 -1777. Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Ft Pierce, FL 34982 ,i t;,. Public Works: (772) 462-1571 FAX (772) 462-5214 `"� Violations found on case 62180 Ordinance 7.07.08 SLC LDC FAILURE TO MAINTAIN STORMWATER MANAGEMENT SYSTEMS Finding PLEASE CLEAR THE BACK SWALE TO ALLOW FOR THE FLOW OF STORMWATER. ALSO PLEASE CALL ENVIROMENTAL AT 462-2526 TO OBTAIN A EXEMPTION PERMIT. Thursday, Marcia 19, 2009 Page I of I Property Appraiser - St.Lucie County, FL Page 1 of 1 PROPERTY RECORD CARD St Lucie Business Park Llc Record: 1 of 1 <<Pr+ev Next » . Spec.Assmnt Taxes Exemptions Permits Home Print Property Identification Site Addross: BUSINESS PARK DR ParcellD: 3426.702.0012-000-9�1�atE�GG Seclfown/Range: 26:36S:40E Account*: 129347 v, Map ID: 34/26S Land Use: VCNT INDUS Zoning: PNRD City/Cnty: ST. LUCIE COUNTY Ownership and Melling Legal Description Owner: St Lucie Business Park Llc ST LUCIE BUSINESS PARK LOT 11 (1.50 AC) (OR 1807-2363) Address: 2240 Woolbrlght Rd #300 Boynton Beach FL 33426 Sales Information Assessment2008 Final Total Lend and Building Date Price Code Deed Book/Page 200B Final: 313100 Land Value: 313100 Acres: 1.5 11/25/2002 100 02 WD 1807 / 2363 Assessed: 313100 Building Value: 0 5/11/1999 2700000 02 WD 1222 / 2592 Ag.Credit: 0 Finished Area: 0 SgFt Exempt: 0 Taxable: 313100 Taxes: 5964.9 BUILDING INFORMATION o etch. Available ',0 [rae . Available Exterior Features View: RoofCover: RootStruct: ExlType: YearBit: frame: Grade: EffYrBlt: PrimeWall: StoryHght: No.Units: Seowall: Interior Features BedAooms: Electric: PrmintWall: FullBath: HeatType: AvgHt/Fi: 1/26ath: HealFuet: Prm.Flors: %A/C: %Heated: %Sprinkled: Special Features and Yard Items Land Information Type Y/S Oty, Units Qual. Cond. YrSit. No. Land Use Type Measure Depth 1 4000-VCNT INDUS 302 -Sq Feet 65228 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=342670200120009 3/19/2009 BOARD OF COUNTY COMMISSIONERS Notice of Violation St. Lucie County Code Compliance Division ST LUCIE BUSINESS PARK LLC 2240 WOOLBRIGHT RD # 300 BOYNTON BEACH, FL 33426 PUBLIC WORKS DEPARTMENT 3/19/2009 Case number: 62181 1. Pursuant to Article III of Chapter 1-2 of the Code of Ordinances of Saint Lucie County, Florida, you are hereby notified that the following violations appear to exist on the property described below: ST LUCIE BUSINESS PARK LOT 12 PORT ST LUCIE, FL 34983 Tax ID number:342670200130006 Legal description: Please see attached Violation description: Please see attached 2.The violation must be corrected by:4/10/2009 3. Failure to correct the violation may result in the scheduling of a public hearing before the St. Lucie County Code Enforcement Board. The Board is empowered to levy a fine not to exceed $250.00 per day for each day the violation continues past the date set for compliance. A fine not to exceed $500.00 per day may be levied for a repeat violation. The fine(s) may become a lien upon the real or personal property of the violator. The Board may impose additional fines to cover costs incured in enforcing the noriac 4. When you have corrected the violation(s) or should you require any additional information regarding this notice, please contact the St. Lucie County Code Compliance Division at (772) 462-1571. Melissa Brubaker Code Compliance Phone:(772) 462-1571 Fax: (772) 462-5214 If you need assistance in complying with a Code Enforcement Violation due to age, health, financial burden, etc., we may be able to help through our Community Service Department with groups such as the N' Team. You may reach the Community Service Department at (772) 462 -1777. Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Ft Pierce, FL 34982 Public Works: (772) 462-1571 FAX (772) 462-5214 1'. "T + 2 0 2909 Violations found on case 62181 Ordinance 7.07.08 SLC LDC FAILURE TO MAINTAIN STORMWATER MANAGEMENT SYSTEMS Finding PLEASE CLEAR THE BACK SWALE TO ALLOW FOR THE FLOW OF STORMWATER. ALSO PLEASE CALL ENVIROMENTAL AT 462-2526 TO OBTAIN A EXEMPTION PERMIT. Thursday, March 19, 2009 Page 1 of 1 Property Appraiser - St.Lucie County, FL Page 1 of 1 St Lucie Business Perk Lie Record: 1 of 1 Property Identification Site Address: BUSINESS PARK DR SeclTown/Range: 26 :36S :40E Map ID; 34/26S Zoning: PNRD Ownership and Mailing Owner: St Lucie Business Park LIc Address: 2240 Woolbrtghl Rd #300 Boynton Beach FL 33426 PROPERTY RECORD CARD <<Prev Next» Spec.Assmnt Taxes Exemptions Permits Home Print ParceAD; 3426-702.0013.000.6 � Gy, Account #: 129348 y �- ":2 Land Use: VCNT INDUS City/Cnty: ST. LUCIE COUNTY 't Legal Description ST LUCIE BUSINESS PARK LOT 12 (1.17 AC) (OR -1807-2363) Sales information Assessment 2D08 Final Total Land and Building Date Price Code Deed Book/Page 2008 Final: 245400 Land Value: 245400 Acres: 1.17 11125/2002 100 02 WD 1807 / 2363 Assessed: 245400 Building Value: 0 5/11/1999 2700D00 02 WD 1222 / 2592 Ag.Credit: 0 Finished Area: 0 SgFI Exempt: 0 Taxable: 245400 Taxes: 4675.14 I BUILDING INFORMATION No Sketch No: Imag .vailab l Available Exterior Features View: RoofCover. - RoofStruct: ExlType: YearBlt: Frame: Grade: EflYrBlt: PrimeWail: StoryHght: No.Unils: SecWallh Interior Features BedRooms: Electric: PrmintWall: FuliBalh: HeatType: AvgHt/FI: 1 /2Balh: HeatFuel: Prm.Flors: % A/C: %Heated: %Sprinkled; Special Features and Yard Items Land Information Type Y/S Qly. Units Quai. Cond. Yrelt, No. Land Use Type Measure Depth 1 4000-VCNT INDUS 302 -Sq Feet 51117 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?prr-lid=342670200130006 3/19/2009 1 I - BOARD OF COUNTY COMMISSIONERS Notice of Violation St. Lucie County Code Compliance Division ST LUCIE SELF STORAGE LLC 12375 W SAMPLE RD CORAL SPRINGS, FL 33065 PUBLIC WORKS DEPARTMENT 3/19/2009 Case number: 62182 i i 1. Pursuant to Article III of Chapter 1-2 of the Code of Ordinances of Saint Lucie County, Florida, you are hereby notified that the following violations appear to exist on the property described below: ST LUCIE BUSINESS PARK LOT 1 PORT ST LUCIE, FL 34983 Tax ID number:342670200020006 Legal description: Please see attached Violation description: Please see attached 2.The violation must be corrected by:4/10/2009 3. Failure to correct the violation may result in the scheduling of a public hearing before the St. Lucie County Code Enforcement Board. The Board is empowered to levy a fine not to exceed $250.00 per day for each day the violation continues past the date set for compliance. A fine not to exceed $500.00 per day may be levied for a repeat violation. The fines) may become a lien upon the real or personal property of the violator. The Board may impose additional fines to cover costs incured in enforcing the r:ntlac ' 4. When you have corrected the violation(s) or should you require any additional information regarding this notice, please contact the St. Lucie County Code Compliance Division at (772) 462-1571. elissa Brubaker Code Compliance Phone:(772) 462-1571 Fax:(772) 462-5214 If you need assistance in complying with a Code Enforcement Violation due to age, health, financial burden, etc., we may be able to help through our Community Service Department with groups such as the N' Team. You may reach the Community Service Department at (772) 462 -1777. Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Ft Pierce, FL 34982 kl Public Works: (772) 462-1571 FAX (772) 462-5214,, 0 2009 Violations found on case 62182 Ordinance 7.07.08 SLC LDC FAILURE TO MAINTAIN STORMWATER MANAGEMENT SYSTEMS Finding PLEASE CLEAR THE BACK SWALE TO ALLOW FOR THE FLOW OF STORMWATER. ALSO. PLEASE CALL ENVIROMENTAL AT 462-2526 TO OBTAIN A EXEMPTION PERMIT. Thursday, March 19, 2009 Page I of I Property Appraiser - St.Lucie County, FL Pagel of 1 PROPERTY RECORD CART? St Lucie Self Storage LLC Record: 1 of 1 <<Prev Next» Spec.Assmm Taxes Exemptions Permits Home Print Property Identification )CIE47 Site Address: BUSINESS PARK DR ParcellD: 3426-702-0002-000-6-- o G� SecrTown/Range: 26 :36S :40E Account #: 129338`` Map ID: 34126S Land Use: VONT INDUS Zoning: PNRD City/Cnty: ST. LUCIE COUNTY - Y'- W. Ownership and Melling Legal Description Owner: St Lucie Self Storage LLC ST LUCIE BUSINESS PARK LOT 1-LESS S 19 FT- (1.42 AC) (OR Address: 12375 W Sample Rd 2528.2773) Coral Springs FL 33065 Sales Information Assessment 2008 Final Total Land and Building Date Price Code Deed Book/Page 2008 Final: 371100 Land Value: 371100 Acres: 1.42 3/29/2006 433000 00 WD 2528 / 2173 Assessed: 37.1100 Building Value: 0 11/25120002 100 02 WD 1807 / 2363 Ag.Credit: 0 Finished Area: 0 SgFt 5/11/1.999 27000DO 02 WO 1222 / 2592 Exempt: 0 Taxable: 371100 I Taxes: 7069.86 BUILDING INFORMATION No SketchNo'a Available Avail, le Exterior Features View: RoofCover. Roo(Struct: ExtType: YearBlt: Frame: Grade: EffYrBlt: PrimeWall: StoryHght: - No.Units: SecWail: Interior Features BedRooms: Electric: PrmintWall: FuliBath: HeatType: AvgHt/Fll 1/2Bath: HeatFuel: Prm.Fiors: %A/C: %Heated: % Sprinkled: Special Features and Yard Items Land Information Type Y/S Qty, Units Qual. Cond. YrBll. No. Land Use Typo Measure Depth 1 4000-VCNT INDUS XI -Sq Feet 61849 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. httn'//W W W.naslc.orf?/prc.asp?prelid=342670200020006 3/19/2009 BOARD OF COUNTY COMMISSIONERS December 17, 2008 St. Lucie Business Park, LLC. 2240 Woolbright Road #300 Boynton Beach, FL 33426 Dear Sir: GROWTH MANAGEMENT Because of the pending application for a Major Final PNRD Site Plan application of the St. Lucie Buslness Park, it has come to our attention that several lots within your Planned Non-residential Development (PNRD) on Business Park Drive are not in compliance with the approved, existing .. site plans for these lots. On Lots #3 and #4, there are supposed to be ten (10) trees along the right of way (Business Park Drive) alternating between laurel oak and mahogany. Presently there are five (5) palm trees In front of the building. There shall be five (5) mahogany trees on the south side of the south parking driveway where there are four (4) trees now. There shall be thlrteen (13) mahogany trees on the landscaped buffer along the west property line where there are only eight (8) trees now inside the opaque, 8-foot high fence. That west buffer is not maintained, but shall be per Code. On Lot #10, there are required six (6) trees on the west side of the lot along Business Park Drive where there is only a berm. There are to be six (6) trees fifty feet apart, required on the north side where one tree appears to be missing, There are five trees required on the south side of the building where there are no trees now: one (1) on each the east and west side of the parking area; and one (1) tree on each of the three (3) interior landscape areas in the parking area. Per the Site Plan, the required trees shall be sable palm, laurel oaks or eucalyptus and 6 feet in height with 5 feet of clear, clean wood trunk, with an average 20 feet of spread. If you wish to substitute live oaks for the laurel oaks, the live oaks and all adjacent mahogany trees will need to be 12' to 14' x 5', with a 2 %2" DBH. Please make the necessary landscape corrections to the developed Lots #3, #4, and #10 within sixty (60) days of the date of this letter. On Lots #11, #12, and #13 per the Site Plan, there shall be laurel oaks and mahogany trees alternated every thirty (30) feet along the right of way (Business Park Drive.) On the east side of Lots #11, #12, and #13, there shall be mahogany trees every fifty (50) feet. On the south side of Lot #11, there shall be there shall be mahogany trees every fifty (50) feet. Please provide a timeline or phasing schedule for the landscaping on Lots #11, #12, and #13. Any lack of progress on these latter three lots may cause the existing site plan for these three lots to lapse. If you have any further questlons, please contact our office at (772) 462-2822. Sincerely, Kristin Current Planning Manager cc; Christopher Lestrange, Building Official Amy Mott, Environmental Resources Manager CHRIS DZADOVSKY, District No. I . DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. S County Administrator - Douglas M. Anderson Webalte: y(yuwstlucleco.aoy 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 GROWTH MANAGEMENT - Phone (772) 462-2822 FAX (772) 462-1581 Agenda Request To: Board of County Commissioners Submitted By: Growth Management Department SUBJECT: Item Number VII-C Meeting Date: 03/03/2009 Consent [ ] Regular j ] Public Hearing IX ] Leg. [ ] Quasi -JD ( ] qenled ByMatterlee, IC Growth Management Director The continuation of the petition of St. Lucie Self Storage, LLC for Preliminary/Final PNRD (Planned Non - Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage PNRD located in Lot #1 St. Lucie Business Park. The project is located on Business Park Drive, 610 feet West of US-1, and across US-1 from Mediterranean Avenue in a PNRD Zoning District. Draft Resolution No 09-008 is attached. BACKGROUND: The St. Lucie County Growth Management Department is recommending a continuance to the April 6, 2009 public hearing for the petition of St. Lucie Business Park Storage for the purpose of allowing enough time to resolve the Master Drainage Plan and the maintenance of the existing drainage swale facilities. Staff is recommending the swale be cleaned out prior to this Item being presented to the BOCC. The petitioner is proposing a 6-story, 104,369 square feet, self -storage building with a footprint of 17,796 square feet. 1. On December 14, 1988, Resolution No.88-365 granted the St. Lucie Business Park PNRD Zoning District. 2. On November 17, 1989, a replat was approved for 13 lots, including Lot #1. 3. On February 6, 1990, Resolution No. 90- 27 granted a site plan for Lots #1- #4 and #11-#13. The 1990 site plan depicted 4 buildings constructed on Lots 1-4 and Lots 11-13, totaling 102,162 square feet. The 1990 site plan approved a total of 102,162 square feet and showed a one- story, 26,670 square foot warehouse shown as "Building 2" to be built on Lots #1 & #2. That structure was never erected. Moreover, a 10,000 square foot building was constructed on Lot #2 in 2000, by Noland Properties, Inc. Therefore, the proposed building size is not in substantial conformity with the existing site plan and would exceed the floor area by 77,699 square feet. Pursuant to Land Development Code Section 11.02.05.F.2, the petitioner is required to request a New Preliminary/Final PNRD Site Plan. FUNDS AVAILABLE: NIA Form No. 07-07 PREVIOUS ACTION: On December 14, 1988, through Resolution No. 88-365 this Board granted a change in zoning to PNRD. On November 17, 1989 this Board approved a replat. On February 6, 1990 through Resolution No. 90-27 this Board approved the site plan for Lots #1- #4 and Lots #11-#13. On January 15, 2009, The Planning & Zoning Commission by a vote of 9 to 0 recommended adoption of the Draft Resolution No. 09-008 with four added conditions. On February 17, 2009 this Board continued the Item to March 3, 2009 to allow time for the applicant to resolve the landscape requirements on the western property line. RECOMMENDATION: Staff is requesting that this petition be continued -to April 6, 2009, at 6:00 PM or as soon thereafter. COMMISSION ACTION: CONCURRENCE: APPROVED DENIED 171 OTHER Faye W. Outlaw, MPA County Administrator County Attorney Daniel S. Mclnt re County Engineer: my Michael Powley Coordination/ Signn t�� Y Y E.R.D.: Count Surveyor: J��rrr�-Evans�rny�- Other: aOther: Ron Harris Form No. 07-07 County Commission Review: 03/03/09 File Number: PNRD-06-008 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Board of County Commissioners THROUGH: Mark Sa C Growth Management Director FROM: Kristin Tetsworth, Planning Manag DATE: February 20, 2009 SUBJECT: The continuation of the petition of St. Lucie Self Storage, LLC for Preliminary/Final PNRD (Planned Non -Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage PNRD located in Lot #1 St. Lucie Business Park on Business Park Drive, 610 feet West of US-1, and across US-1 from Mediterranean Avenue in a PNRD Zoning District. This Item was originally scheduled for the February 17, 2009, public hearing at which time Ms. Noreen Dreyer, on behalf of the developer, requested that this petition be continued to the March 3, 2009 public hearing to address the landscape concerns of the adjacent property owners. However, the applicant has still not resolved all of the issues regarding the questions raised on the Master Drainage Plan for the St. Lucie Business Park as a whole. Staff is not ready to move this Agenda Request forward, until the drainage swale is cleaned out, because this is an existing code violation. This is a Code Enforcement issue on an existing property, which needs to be cleared up prior to going before the BOCC. Approving additional development with additional impacts will negatively impact the capacity. It is the responsibility of the CDD to properly maintain the existing drainage facilities which were approved as an integral part of the original PNRD approval for the overall Business Park. Please refer to the attached emails verifying that the applicant was put on notice regarding this issue. The St. Lucie County Growth Management Department is recommending a continuance to the April 6, 2009 public hearing for the petition of St. Lucie Business Park Storage for the purpose of allowing enough time to resolve the Master Drainage Plan and the maintenance of the existing drainage swale facilities. Please contact this office if you have any questions on this matter. SUBMITTED: . "'2L 0. \Mum Mark Satterlee, AICP Growth Management Director Attachment KT/Jap cc: Norman Schulman, St. Lucie Self Storage, LLC Randy Rogers, Friscia Engineering Ron Harris, St. Lucie County Surveyor Michael Powley, St. Lucie County Engineer Christopher Lestrange, Code Compliance Manager Amy Mott, Supervisor Environmental Resources Department File Kristin Tetsworth From: Kristin Tetsworth Sent: Friday, February 20, 2009 9:27 AM To: 'Dreyer, Noreen' Cc: Mike Halter; Christopher Lestrange; Mark Satterlee; Robin Meyer Subject: RE: St. Lucie Business Park Storage Ms. Dreyer, Based on the information I received this morning from Mike Halter, we will be requesting another continuance for this item until the drainage swale is cleaned out. Worst case.:.SFWMD could get involved and the St Lucie Business Park would be heavily fined at $10,000 a day. St. Lucie County Code-Enfo(cement will get involved to get the canal cleaned out because it is th respZ)n1IbilrtTtW-S*t-- " Lucie Business Park to maintain that drainage swale which is critical to the efficiency of the overall Master Drainage Plan. We do not want to agree to move this Agenda Request forward, allowing the drainage Swale to be cleaned out as a "Condition of Approval" because this is an existing code violation. This is a Code Enforcement issue on an existing property. Approving additional development with additional impacts will negatively impact the capacity. It is the responsibility of the CDD to properly maintain the existing drainage facilities. Therefore, we will be requesting a continuance on March 3, 2009 to be heard on April 6, 2009. KrLStivt -retswoYth PLsAv�vu mnttiat3er St, t ue%e CoO"Vtuu C,rowtk Ma LC3e)evuetn.t 2300 VtYrr tA. a Avev ue Ft. P%erce, F-tori.cia 34902 Y-J 2.4f,2.&455 From: Dreyer, Noreen[mailto:Noreen. Dreyer@ruden.com] Sent: Monday, February 09, 2009 2:30 PM To: Chris Dzadovsky Cc: Kristin Tetsworth Subject: FW: St. Lucie Business Park Storage - Commissioner Dzadovsky Resending with only the drainage aerial attached. IRS Circular 230 Disclosure: Please note that the views expressed herein or in any attachments hereto are not intended to constitute a "reliance opinion" under applicable Treasury Regulations, and accordingly are not intended or written to be used, and may not be used or relied upon, for the purpose of (i) avoiding tax -related penalties that may be imposed by the Internal Revenue Service, or (ii) promoting, marketing or recommending to another party any tax -related matters addressed herein. Noreen S. Dreyer Attorney 145 N.W. Central Park Plaza Suite 200 Port St, Lucie, FL 34986 Direct 772-873-59101 Fax 772-873-3110 Noreen.Dreyer@ruden.com I www.ruden.corn NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954-764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. From: Dreyer, Noreen Sent: Monday, February 09, 2009 2:02 PM To: Commissioner Chris Dzadovsky Cc: Kristen Tetsworth; Randy Rodgers (frisciaeng-randy@comcast.net); NSchulman@sentry-selfstorage.com; Pspirk@styriallc.com Subject: St. Lucie Business Park Storage - Commissioner Dzadovsky Commissioner Dzadovsky, Pursuant to a request from Kristen Tetsworth, please see the below response from Randy Rodgers, the project engineer, to your questions regarding the drainage and the entry road for St. Lucie Business Park Storage. If you have further questions, please do not hesitate to contact me or Randy. Thank you. Noreen From: Randy Rodgers [mailto:frisciaeng-randy@comcast.net] Sent: Friday, February 06, 2009 5:53 PM To: Dreyer, Noreen Subject: Re: St. Lucie Business Park Storage - Commissioner Diadovsky Noreen, The drainage is part of a master stormwater drainage that includes the entire St. Lucie Business Park subdivision. The master drainage system is comprised of a series of swales, inlets, culverts, and a wet detention area (a lake). The master drainage system addresses all water quality pre-treatment issues by using the swales in conjunction with the lake to provide the required pretreament and the water quantity is provided by the lake for flood control and storage volume prior to a controlled discharge into the North Fork of the St. Lucie River. Each individual lot within the Business Park is required to convey all stormwater to the the master drainage system (i.e. - not discharge to a location outside of the subdivision) by means of swales that direct the stormwater into the inlets, culverts, and finally the lake. There is a minimum berm elevation that surrounds the Business Park to ensure that all stormwater is contained within the subdivision and is not discharged offsite prior to being routed through the master drainage system. The project will require a Permit Modification to the existing South Florida Water Management District Permit. I have attached an aerial of the Business Park with arrows that show the drainage patterns within the park, as well as the route that the stormwater takes to get to the St. Lucie River. Keep in mind that the outfall route is permitted by SFWMD and has ben in place since the park was contructed. The entry road, Business Park Drive, was dedicated to St. Lucie County on the plat of this subdivision. According to the plat, Business Park Drive is the maintenance responsibility of St. Lucie County. Please see dedication No. 2. A copy of the plat is attached for your use. If you have further questions, let me know. Randy HOMEOWNERS PETITION TO CANCEL THE EXTENSION FOR THE CONSTRUCTION OF THE STORAGE BUILDING SOUTH OF OUR PARK N<YCc.z�— /c Cd; G/ 'xj�--G� �1� �L'2.'I:/�`v Cif.- i �� c .1 li I a` i To: Submitted By: SUBJECT: BACKGROUND FUNDS AVAILABLE Form No. 07-07 Agenda Request Board of County Commissioners Growth Management Department Item Number VII - C Meeting Date: 02/17/2009 Consent [ ] Regular [ ] Public Hearing IX ] Leg. [ ] Quasi -JD [ ] e e By Mar Satterlee, P Growth Management Director The continuation of the petition of St. Lucie Self Storage, LLC for Preliminary/Final PNRD (Planned Non - Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage PNRD located in Lot #1 St. Lucie Business Park. The project is located on Business Park Drive, 610 feet West of US-1, and across US-1 from Mediterranean Avenue in a PNRD Zoning District. Draft Resolution No 09-008 is attached. The St. Lucie County Growth Management Department received a letter on February 5, 2009 requesting a continuance for the petition of St. Lucie Business Park Storage until March 3, 2009. The petitioner is proposing a 6-story, 104,369 square feet, self -storage building with a footprint of 17,796 square feet. 1. On December 14, 1988, Resolution No.88-365 granted the St. Lucie Business Park PNRD Zoning District. 2. On November 17, 1989, a replat was approved for 13 lots, including Lot #1. 3. On February 6, 1990, Resolution No. 90- 27 granted a site plan for Lots #1- #4 and #11413. The 1990 site plan depicted 4 buildings constructed on Lots 1-4 and Lots 11-13, totaling 102,162 square feet. The 1990 site plan approved a total of 102,162 square feet and showed a one- story, 26,670 square foot warehouse shown as "Building 2" to be built on Lots #1 & #2. That structure was never erected. Moreover, a 10,000 square foot building was constructed on Lot #2 in 2000, by Noland Properties, Inc. Therefore, the proposed building size is not in substantial conformity with the existing site plan and would exceed the floor area by 77,699 square feet. Pursuant to Land Development Code Section 11.02.05.F.2, the petitioner is required to request a New Preliminary/Final PNRD Site Plan. N/A PREVIOUS ACTION: On December 14, 1988, through Resolution No. 88-365 this Board granted a change in zoning to PNRD. On November 17, 1989 this Board approved a replat. on February 6, 1990 through Resolution No. 90-27 this Board approved the site plan for Lots #1- #4 and Lots #11-#13. On January 15, 2009, The Planning & Zoning Commission by a vote of 9 to 0 recommended adoption of the Draft Resolution No. 09-008 with four added conditions. RECOMMENDATION: Staff is requesting that this petition be continued to March 3, 2009, at 6:00 PM or soon thereafter. COMMISSION ACTION: CONCURRENCE: APPROVED DENIED OTHER Faye W. Outlaw, MPA County Administrator County Attorney Daniel S. McIntyre County Enqineer: Ms a Michael Powley Coordination/ Sig atures E.R.D.: AAAA County Surveyor: A61''11-1 4,6 o Other: Other: Ron Harris Form No. 07-07 County Commission Review: 02/17/09 File Number: PNRD-06-008 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management Director( r_r FROM: Kristin Tetsworth, Planning Manager DATE: February 5, 2009 SUBJECT: The continuation of the petition of St. Lucie Self Storage, LLC for Preliminary/Final PNRD (Planned Non -Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage PNRD located in Lot #1 St. Lucie Business Park on Business Park Drive, 610 feet West of US-1, and across US-1 from Mediterranean Avenue in a PNRD Zoning District. Staff has received a letter, dated February 5, 2009, from Ms. Noreen Dryer on behalf of the developer requesting that this petition be continued to the March 3, 2009 public hearing at 6:00 PM or soon thereafter. The purpose of the continuance is to allow for time to address a new request from the neighboring property owner for revisions to the landscape plan. Please contact this office if you have any questions on this matter SUBMITTED: 70z� Mark Sattlee, AICP Growth Management Director Attachment KT/lap cc: Norman Schulman, St. Lucie Self Storage, LLC Randy Rogers, Friscia Engineering Ron Harris, St. Lucie County Surveyor Michael Powley, St. Lucie County Engineer Christopher Lestrange, Code Compliance Manager Amy Mott, Supervisor Environmental Resources Department File OIIRuden McClosky February 5, 2009 Mr. Mark Satterlee, Director St. Lucie County Growth Management 2300 Virginia Avenue Fort Pierce, FL 34982 Re: St. Lucie Business Park Storage Dear Mr. Satterlee: 145 NW CENTRAL PARK PLAZA SUITE 200 PORT ST. LUCIE, FLORIDA 34986 (772)873-5910 FAX: (772) 873-3110 NOREEN. DREYER®RUDEN.COM Via E-Mail Only I understand that the above -referenced matter is currently scheduled for consideration by the Board of County Commissioners at their meeting of February 17, 2009. On behalf of the applicant, I respectfully request a continuance of this hearing to the March 3, 2009 meeting. We are requesting this continuance so that we can address a recent request from our neighboring property owner for some revision to the landscape plans. Thank you very much for your continued assistance. Sincerely, Noreen S. Dreyer NSD/pw cc: (Via E-Mail) Robin Meyer, Assistant Growth Management Director Norman Schulman, St. Lucie Self Storage, LLC Peter Spirk, St. Lucie Self Storage, LLC Randy Rodgers, P,E, Friscia Engineering PSL 48395:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. RArA RATAN • rARAr AC - FT I AIIIIFRnA1F • MIAAII A NAPIFC - owi ANnn -PORT tT IIIr1F • tAR—OTA • U PFTFR"119 ; A TAIIANAkUP - TAMP. - WFGT P4IN.1 FFA!'M Board of County Commissioners GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM PRELIMINARYWINAL PNRD 06-008 1 2 TO: Boar��; my I sioners 3 4 THROUGH: Mark SaICP, r M r ictor 5 Kristin Tetsworth, Current Planning Managey,,,� 6 7 FROM: Larry Szynkowski, AICP, Senior Planner 8 9 DATE: January 26, 2009 10 11 SUBJECT: Petition of St. Lucie Self Storage, LLC for a New Preliminary/Final PNRD 12 (Planned Non- Residential Development) Site Plan approval for the project to be 13 known as St. Lucie Business Park Storage PNRD 14 15 LOCATION: Lot #1, St. Lucie Business Park on Business Park Drive, 610 feet west of US - 16 Highway #1 and across US - Highway #1 from Mediterranean Avenue South 17 in the PNRD (Planned Non -Residential Development) Zoning District. 18 19 ZONING DISTRICT: PNRD (Planned Non -Residential Development) 20 21 FUTURE LAND USE: IND (Industrial) 22 23 PARCEL SIZE: 1.42 acres 24 25 EXISTING SITE PLAN: The existing Final Site Plan, approved on February 6, 1990, includes a 26 26,670 square -foot, one-story building on Lots #1 and #2 of the St. 27 Lucie Business Park PNRD. The applicant is proposing a new 28 Preliminary/Final PNRD to increase the floor area of the building by 29 87,699 square feet and increase the height of the building to a six -story 30 structure. 31 32 PROPOSED USE: The applicant is proposing a six -story, 104,369 square -foot, self -storage 33 building with one office, and 19,206 square feet of pavement consisting 34 of the following: 35 36 The 1st floor is 16,864 square feet self -storage, plus 932 square 37 feet of office space; 38 Floors 2 through 5 consist of 17,796 square feet each of self- 39 storage; 40 ❖ The 6th floor is 15,389 square feet of self -storage ; and 41 ❖ A paved area with 27 parking spaces and a 36-foot by 55-foot 42 loading area for large vans. I FIRE/EMS STATION: Fire Station #12 (Walton Road) is located approximately 2 miles to the 2 southeast of the site. 3 4 5 On January 15, 2009 the Planning and Zoning Commission held a public hearing on the petition 6 of St. Lucie Self Storage, LLC for a New Preliminary/Final PNRD (Planned Non- Residential 7 Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage 8 PNRD. The Commission discussed the eight (8) foot opaque fence to be located in the landscape 9 buffer along the west property line and recommended the fence be changed to a masonry wall_ 10 Also, the Commission wanted no lights in excess of the security lights on the exterior walls at a 11 maximum height of six (6) feet. In regard to their concern for flooding on Santa Clara Street to the 12 west, the petitioner's engineer stated that the stormwater drainage would flow to the east, not 13 west. The hours of operation were discussed and recommended at 6:00 a,m. to 10:00 p.m. seven 14 days per week. 15 16 The Commission voiced a concern on the effect of the six (6) story building on the neighbors in 17 the Spanish Lakes Riverfront Leaseholders Planned Unit Development. The floor area of the 6'h 18 story was reduced by 2,407 square feet in order to comply with the building height definition in 19 Section 2.00.00 of the St. Lucie County Land Development Code. The building would block the 20 sunshine considerably from two houses during the morning hours. 21 22 After a question by a commissioner about emergency communications, the petitioner stated that 23 masonry block post -tension flooring would allow two-way radio transmission through the building. 24 The Commission recommended the petitioner install an up to date irrigation system that adapted 25 to the water content of the ground and order the dumpster pick-up time amenable to the nearest 26 neighbors. Security of the building was discussed. The petitioner stated that customers would only 27 have access to a specific floor. Regarding the visual effect of the site, the Commission would not 28 want any boats, recreational vehicles, or trailers stored outside of the building. 29 30 The Commission recommended approval of the New Preliminary/Final St. Lucie Business Park 31 Storage PNRD ) Planned Non -Residential Development with four additional conditions: 32 33 1. Prior to approval by this Board of the Preliminary/Final Site Plan shall be modified to 34 note that there will be no outdoor storage of any kind. 35 36 2. Prior to approval by this Board of the Preliminary/Final Site Plan shall be modified to 37 note that there shall be no exterior lighting except for security light packs that shall be 38 placed no higher than six feet from grade on the building walls. 39 40 3. Prior to approval of the Preliminary/Final Site Plan and Landscape Plan shall be 41 modified to include an eight -foot masonry wall along the west property line with a ten 42 foot landscaping buffer having 60% of the landscaping outside of the wall and 40% of 43 the landscaping inside of the wall. The landscaping shall include the appropriate type 44 and size of hedges and trees with one tree for each thirty feet and a fraction thereof. 45 46 4. Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m., seven days per 47 week. 48 49 50 51 St. Lucie Business Park Storage LLC New Preliminary/ Final PNRD Site Plan Page 2 of 3 PNRD 06-008 I SUMMARY 2 3 Although the proposed project meets the PNRD height dimension according to the Code's 4 Building Height definition and the Dimensions Table 7-10 in Section 7.04.01, staff has a concern 5 about the effect of a six -story building adjacent to a residential Planned Unit Development even 6 with increased landscaping. Staff has obtained from the petitioner a commitment of twenty-one 7 (21) additional sabal palm trees with heights from 18 feet to 22 feet in height for added buffering 8 on the west side of the building facing the residential area and strategically located, to provide a 9 visual buffer that will exceed code minimum. This is in addition to the required 10-foot buffer on 10 the west property line including ten dahoon holly trees, a hedge, and an 8-foot opaque wood 11 fence. 12 13 Concerns of the neighbors to the west in Spanish Lakes Riverfront Leasehold Estates should be 14 considered in addition to the property owners in St. Lucie Business Park. Staff has mailed notice 15 letters to property owners within 500 feet of the site. Any responses to these letters received will 16 be attached to this report. 17 18 RECOMMENDATION: 19 20 The Preliminary/Final St. Lucie Business Park Storage PNRD Site Plan, as proposed and 21 conditioned herein, is consistent with the goals and objectives of the St. Lucie County 22 Comprehensive Plan; is in conformance with the St. Lucie County Land Development Code, 23 Section 11.02.05.; and exceeds the Section 7.09.04.C. of that Code. Staff has reviewed this 24 petition for a New Preliminary/Final PNRD Site Plan. Although this proposed PNRD Site Plan 25 includes a six -story building that causes concerns, staff supports approval since it does meet 26 Code for building height and setbacks and exceeds the Code in additional landscape screening. 27 Staff has also considered that market trends have changed in the past 19 years and the more 28 recent enormity of foreclosures in the local housing market likely produced further demand for 29 storage facilities for household goods. 30 31 Based on the above findings, staff recommends that the Board of County Commissioners adopt Draft 32 Resolution No. 09-088 approving New Preliminary/Final PNRD (Planned Non- Residential 33 Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage 34 PNRD (Planned Non- Residential Development) with eleven (11) limiting conditions. 35 36 Please let this office know if you have any questions on this matter. 37 38 39 SUBMITTED: 40 41 Il _ 42 T 43 Kristin Tetsworth 44 Planning Manager 45 46 C Norman Schulman, St. Lucie Self Storage, LLC 47 Randy Rogers, Friscia Engineering 48 Ron Harris, St. Lucie County Surveyor 49 Michael Powley, St. Lucie County Engineer 50 Christopher Lestrange, Code Compliance Manager 51 Amy Mott, Supervisor Environmental Resources Department 52 File St. Lucie Business Park Storage LLC New Preliminary/ Final PNRD Site Plan Page 3 of 3 PNRD 06-008 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. 09-008 File Number: PNRD 08-008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A PRELIMINARY/ FINAL PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT) SITE PLAN FOR THE PROJECT KNOWN AS ST. LUCIE BUSINESS PARK STORAGE PLANNED NON-RESIDENTIAL DEVELOPMENT LOCATED IN THE PNRD (PLANNED NON- RESIDENTIAL DEVELOPMENT) ZONING, DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. St Lucie Self Storage, LLC, presented a petition fora Preliminary/Final PNRD (Planned Non -Residential Development) Site Plan approval for the project -to be known as St. Lucie Business Park Storage Planned` Unit Development for property located on Lot #1, St. Lucie Business Park on Business Park Drive, 610 feet west of US -1 and across US-1 from.. Mediterranean Avenue in the PNRD (Planned Non - Residential Development) Zoning District consisting of: o a six -story, 104,369 square -foot, self -storage building on a footprint of 17,796 square feet 0 19,206 square feet of paved area for 27 parking spaces and loading area; 0 2,780 square feet..of existing paved driveway; and 0 22,067 square feet�of. open space and landscaping o total impervious square footage of the project is 39,782 square feet. 2. The, -Development Review. Committee has reviewed the site plan for the proposed project and found it to meet,.all technical requirements and to be consistent with the ,,general purpose, goals, objectives and future land use maps of the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County. 3. The proposed project is consistent with the standards of the St. Lucie County Land Development Code for Planned Non -Residential Development Preliminary and Final Site Plan. 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. Page 1 February 17, 2009 Resolution No. 09-008 File No. PNRD 06-008 1 6. The proposed project will be constructed, arranged and operated so as not to interfere 2 with the development and use of neighboring property, in accordance with applicable 3 district regulations. 4 7. The proposed project will have water and sanitary sewer service provided by Port St. 5 Lucie Utility Systems Department. 6 7 8. The applicant has applied for and received a certificate of capacity, a copy of which is 8 attached to this order as Exhibit A, as required under Chapter V, St. Lucie County 9 Land Development Code. 10 11 12 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 13 County, Florida: 14 15 A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the 16 Preliminary/Final PNRD (Planned Non -Residential Development) Site Plan to be 17 known as St. Lucie Business Park Storage Planned .Unit Development, is hereby, 18 approved as shown on the site plan drawings for the project prepared by The Friscia 19 Engineering on September 21, 2005, last revised. on January 26, 2009 and date 20 stamped received by the St. Lucie County Growth Management Department on 21 January 28, 2009, subject to the following conditions: 22 23 24 1. No development permits shall be issued until complete sets of sealed 25 constructible final engineering'.plans; .supporting::calculations and survey data 26 for the site work and offsite improvements are approved by the Office of the 27 County Engineer, Public Works Department, Utilities Department, Environmental 28 Resources Department, Growth Management Department, Fire Department, and 29 any other'agency thatmay be determined by the Director of Growth Management 30 to be neaesearily involved in the review and approval of the constructible final 31 engineering plans: for the site work and offsite improvements. The determination 32 of whether or not plans submitted by the applicant constitute a complete set of 33 constructible plans'shall be made by the departments involved in the plan review 34 within five business days of the date the plans are received in the Department of 35 Growth Management. 36 37 2.' .Prior to issuance of a vegetation removal permit for any portion of the St. Lucie 38 Business Park Storage site, the developers, their successors or assigns, shall 39 deliver to St. Lucie County Environmental Resources Department a total of 540.5 40 Inches,'of natl4e trees measuring a minimum of 2.5 inches in diameter each (i.e.; 41 216, 2." trees). 42 43 3. Prior to`the issuance of a vegetation removal permit for the St. Lucie Business 44 Park Storage site, the developers, their successors or assigns, shall clearly 45 delineate all trees to be preserved and/or protected. Delineation shall be by 46 either the placing of silt fencing, safety fencing or similar type of materials. 47 Flagging shall not be used except to guide the Installation of the fencing 48 materials. All land clearing activities shall be in accordance to the specific 49 conditions and standards outlined in the vegetation removal permit. Upon 50 installation, the Environmental Resource Division shall inspect the installed 51 fencing prior to issuance of the land -clearing permit. 52 Page 2 February 17, 2009 Resolution No. 09-008 File No. PNRD 06-008 1 4. Prior to the issuance of a Certificate of Completion, the developers, their 2 successors or assigns, shall be required to provide all side perimeter buffer 3 areas between non-residential and single family or two family residential uses, 4 The buffer areas shall be landscaped with a masonry wall of at least eight (8) 5 feet in height that forms a continuous screen between the uses. All masonry 6 walls shall be landscaped with a continuous hedge along both the inside and 7 outside base of the wall or fence. One tree shall be planted along the wall or 8 fence for each thirty (30) linear feet or major fraction thereof of the length of the 9 wall or fence. Tree plantings shall be alternated so that at least 60% of the 10 required number of trees is located on the outside of, the wall or fence. The 11 remaining 40% of the required perimeter tree plantings shall be located on the 12 inside face of the wall or fence. 13 14 5. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant 15 shall execute an improvement agreement for all, required landscaping and tree 16 mitigation, including on -site and off -site preservation and/or. relocation. 17 18 6. Prior to the issuance of a Certificate of Completion, the developers, their 19 successors or assigns, shall construct a 5=foot wide sidewalk' along the 20 development frontage on Business `Park Drive in accordance 'with Section 21 7.05.04. 22 23 7. Prior to the issuance of a Certificate of Completion the developers, their 24 successors or assigns, shall 'be required to have a,traffic signal warrant study 25 conducted at the intersection of Business Park Drive.and'South US-1. If a signal 26 is warranted by that study, \the developers, their successors or assigns, shall 27 design and install the traffic signal. 28 29 8. The Preliminary/Final Site Plan shall be modified to note that there will be no 30 outdoor,storage of any kind. 31 32 9. The 'PreliminarylFinal; Site Plan shall be modified to note that there shall be no 33 exterior lighting except for security; light packs that shall be placed no higher 34 than six feet from grade on the building walls. 35 36 10. The Preliminary/Final,,-Site Plan and Landscape Plan shall be modified to include 37 an eight -foot masonry wall along the west property line with a ten foot 38 landscaping,, buffer having 60% of the landscaping outside of the wall and 40% of 39 the landscaping'.Inside-of the wall. The landscaping shall include the appropriate 40 type and size of hedges and trees with one tree for each thirty feet and a fraction 41 thereof. 42 43 11. Hours of, operation of the self storage building shall be limited to between 6:00 44 a.m. and 10:00 p.m., seven days per week. 45 46 47 B. The property on which this Major Site Plan approval is being granted is described 48 as follows: 49 50 LOT 1, ST. LUCIE BUSINESS PARK, LESS THE SOUTH 19 FEET, ACCORDING TO THE 51 PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGES 9 AND 9A, PUBLIC RECORDS 52 OF ST. LUCIE COUNTY. 53 54 SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, Page 3 Resolution No. 09-008 February 17, 2009 File No, PNRD 06-008 1 2 PARCEL CONTROL NUMBER: 3426-702-0002-000/6 3 4 CONTAINING 1.42 ACRES 5 6 LOCATION: The west side of Business Park Drive, 610 feet west of US Highway #1 7 and across US Highway #1 from Mediterranean Avenue South 8 9 C. Preliminary/Final PNRD (Planned Non -Residential Development) Site Plan approval 10 granted under this Resolution is specifically conditioned to, the requirement that the 11 petitioner, St. Lucie Self Storage LLC including any successors in interest, shall 12 obtain all necessary development permits and construction authorizations from the 13 appropriate State and Federal regulatory authorities, including .but not limited to; the 14 United Stated Army Corp of Engineers, the Florida'. Department of Environmental 15 Protection, and the South Florida Water Management District, prior'to the issuance of 16 any local building permits or authorizations to,.commence development` activities on the 17 property described in Part B. 18 19 D. A Certificate of Capacity, a copy of which is attached to this Resolution. as Exhibit A, 20 was granted by the Director of Growth Management on January 27, 2009, which 21 certificate shall remain valid for the period of Site Plan approval or any extension 22 granted thereto. If this order expires or otherwise terminates, the Certificate of 23 Capacity shall automatically terminate. 24 25 E. The St. Lucie County Director of 'Growth -Management is hereby authorized and 26 directed to cause the notation of this resolution to be made on the Official Zoning Map 27 of St. Lucie County. Florida, and to make natation of reference to the date of adoption 28 of this resolution,, 29 30 F. The Director of, Growth Management shall coordinate the issuance of further site 31 Development Permits. No final site construction authorizations or site Development 32 Permits shall be issued until all requirements for such permits are met. 33 34 G. This resolution shall. be recorded in the Public Records of St. Lucie County. The 35 recording of this .resolution . does not authorize commencement of any on -site 36 development activities without obtaining such further development permits as may be 37 required:,. All applicable! conditions of approval as set forth above, and applicable code 38 requirements must be met to the satisfaction of the County before final site 39 construction permits are issued. 40 41 H. A copy of this Order shall be attached to the site plan drawings described in Part A, 42 which shall be placed on file with the St. Lucie County Growth Management Director 43 and mailed, return receipt requested to the developer and agent of record as identified 44 on the site plan application. 45 46 I. The conditions set forth in Part A are an integral nonseverable part of the Preliminary/ 47 Final PNRD (Planned Non -Residential Development) Site Plan. If any condition set 48 forth in Section A is determined to be invalid or unenforceable for any reason and the 49 developer declines to comply voluntarily with that condition, the site plan approval 50 granted by this resolution shall become null and void. Resolution No. 09-008 Page 4 February 17, 2009 File No. PNRD 06-008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 J K. The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on February 17, 2011, unless an extension has been granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. The effective date of this resolution shall be the date of adoption contained herein. After motion and second, the vote on this resolution was as follows: Page 5 February 17, 2009 Resolution No. 09-008 File No. PNRD 06-008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Chair Paula Lewis XXX Vice -Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX A TTC 6 T Is GAPROJECT FILES\St. Lucie Business Park Storage Page 6 February 17, 2009 APPROVED AS TO FORM AND CORRECTNESS County Attorney Resolution No. 09-008 File No. PNRD 06-008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 • Certificate of Capacity Page 7 February 17, 2009 Resolution No. 09-008 File No. PNRD 06-008 St Lucie County Certificate of Capacity Date 12/17/2009 Certificate No. 2795 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Prelimin & Final PNRD Number of units 0 Number of square feet 104,369 2. Property legal description & Tax ID no. 342670200020006 On Business Park Drive 610 feet w/of US Hwy 1 St Lucie Business Park Storage St Lucie Business Park 3. Approval: Building Resolution No. 09-008 Letter 4. Subject to the following conditions for concurrency: Owner's name Ronald Schuman Address 12375W Sample Rd Coral Springs FL 33065 6. Certificate Expiration Date 2/17/2011 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. f' Signed` Date: 2/2/2009 Growth Management Director St Lucie County, Florida Monday, February 02, 2009 Page I of 2 1 2 3 4 5 6 7 8 9 10 11 • General Location Map • Subject Area Map Page 8 February 17, 2009 Resolution No. 09-008 File No. PNRD 06-008 co 0 0 djunoo sagoyoaayo PN RD-06008 Preliminary/Final PNRD (Planned Non -Residential Development) Site Plan to be /known as St. Lucie Business Park Storage PNRD V POt0 vN �OSL OAS REFORMAtN �P �S vN O�ypOV P �9,p y—HIDALGO LN- O 1.5O0�\SPvN Ilk/ <p� !Z fn �i GUAVALN- P \ GOLF' DR O� N u+ %'flo Z !' 9! 7. 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CPUB - Conservation Public r ■ 500' notification area pNRD -Planned Non -Residential Development Map revised December 29, 2008 a ■ ■ PNRD-06008 Land Use St. Lucie Business Park Storage V �C'OS�c1 60 '0 REFORMA LN JP� COC ''O 20 O 9y HIDALGO LN— ONV1 O GUAVA LN GOLF DR � N CPUB QO�.�pJ;�'N ANDALUSIA LN RUI � /� v COM y��—ANTIGUALN Q F •■ ■■ 3 `" �� J � S 06 COM N o CI ■ GPV f t ■ a !ND + � U 4 � 3 �e � ao • N R N -� U oy '+�•a ■ z •�� n m Ny '74 R/C R/C NC D ❑ .000�4 0 D n 0 a 0 0 10 R/C a° CPUB FALIE DR, ❑❑o❑a Q �Q c�po0�a -�,�pOo��pQQ t7flfl CO CPUB - Conservation Public IND - Industrial N ® Subject parcel COM -Commercial"�'°"" t ■ RU - Residential Urban (5 du/ac)•F�<��T.�9.�. r ' 500' notification area R/C - Residential/Conservation (I du/5 ac) Map revised December29, Zoos 45...r �, �" �' ;:r,.. �. t iN. 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LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA FEBRUARY 17, 2009 NOTICE OF PROPOSED PRELIMINARY/ FINAL PNRD SITE PLAN The SL Lucie County Board of County Commissioners proposes to consider the adoption of the following by resolution. RESOLUTION NO. 09-008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA. GRANTING APPROVAL FOR A NEW PRELIMINARY/ FINAL PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT) SITE PLAN FOR THE PROJECT KNOWN AS ST. LUCIE BUSINESS PARK STORAGE PLANNED NON-RESIDENTIAL DEVELOPMENT LOCATED IN THE PNRD (PLANNED NOW RESIDENTIAL DEVELOPMENT) ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA. APPLICANT: St. Lucie Sell Storage, LLC FILE NUMBER: PNRO 00-008 LEGAL DESCRIPTION: LOT 1, ST. LUCIE BUSINESS PARK, LESS THE SOUTH 19 FEET, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 9A, PUBLIC RECORDS OF ST. LUCIE COUNTY. SECTION 28, TOWNSHIP 36 SOUTH, RANGE 40 EAST, CONTAINING 1.42 ACRES PARCEL CONTROL NUMBER: 3428702DO020006 LOCATION: Lot #1 St. Lucie Business Park on Business Perk Drive, 010 feet West of US Highway 1 and across US Highway 1 from Mediterranean Avenue South. PURPOSE: The petitioner Is proposing a 6-story, 104,369 square foot, self -storage building, which Is a modificalfon to the existing site plan approval that allows lot a 26,670 square toot one-story building and a shared driveway. The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida On Tumde_y. February 1T- 20DB beginning at 6:00 P.M. or as soon thereafter as possible. All Interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Growth Management Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file Is available for review at the Growth Management Department offices located at 2300 Virginia Avenue, 2- Floor, Fort Pierce, Florida, during regular business hours. Please call 7721482-2822 or TOD 772/462-1428 if you have any questions or require additional information. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO Section 28e.0106- Florida Statutes. Its person decides to appeal anydecision medeby the Board of CountyCommissioners with respect to any matter considered at a meeting or hearing, he or she wit need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which reootd includes the testimony and evidence upon which the appeal is to be based. Upon the request or any parry to the proceeding, Individuals testifying during a hearing will be sworn in. Any party to the proceeding wit be granted an opportunity to cross-examine any individual testifying during a hearing upon request- It it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Senices Director at least forty-eight (48) hours prior to the meeting at 772/462-1777 or T.D.D. 772/462.1428, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ PAULA A. LEWIS, CHAIR PUBLISH DATE: February 3, 2009 BOARD OF COUNTY COMMISSIONERS January 30, 2009 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 St, Lucie Business Park Storage PNRD 06-008 GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that St. Lucie Self Storage, LLC has petitioned St. Lucie County to grant approval for a New PreliminarylFinal PNRD (Planned Non -Residential Development) site plan for the project known as St. Lucie Business Park Storage Planned Non -Residential Development located in the PNRD (Planned Non -Residential Development) Zoning District for the following described property: Location: Lot#1 St. Lucie Business Park on Business Park Drive, 610 feet West of US Highway 1 and Across US Highway 1 from Mediterranean Avenue South. Legal Description: LOT 1, ST. LUCIE BUSINESS PARK, LESS THE SOUTH 19 FEET, ACCORDING TO THE PLAT THEREOF, AS RECORDED 1N PLAT BOOK 28, PAGE 9A, PUBLIC RECORDS OF ST. LUCIE COUNTY. SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, CONTAINING 1.42 ACRES PARCEL CONTROL NUMBER: 342670200020006 The public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on Tuesday, February 17, 2009, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy strongly encourages your input and comment at the public hearing of this matter before the Board of County Commission, rather than by contact outside of the scheduled public hearing. We encourage you to speak at these public hearings, or provide written comments for the record. The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-2822 or at szkykowl@stiucieco.gov if you have any questions, and refer to project name and number listed above. CHRIS DZADOVSKY, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator —Faye W. Outlaw, MPA Website: www.co.st-lucie.fl.us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 GROWTH MANAGEMENT PHONE: (772) 462-2822 FAX: (772) 462-1581 Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Paula A. Lewis, Chair Wynne Building Corporation 8000 South US 1, Suite 402 Port St. Lucie, FL 34952 (772)878-5513 September 16, 2008 Ms. Noreen Dreyer Ruden McClosky 145 NW Central Park Plaza Suite 200 Port St, Lucie, FL 34986 Reference: St. Lucie Business Park Storage Dear Ms. Dreyer: We have reviewed the Site Plan for the St, Lucie Business Park Storage Facility and have some conditions, which we feel will enable this project to properly harmonize with our mobile home community. They are: 1. A comprehensive drainage plan needs to be designed and implemented, so as to prevent any runoff from entering our community. 2. Lighting needs to be shielded from Spanish Lakes Riverfront 3. Additional shielding and landscaping should be provided to more appropriately minimize the proposed dumpster facility's impact. 4. A prohibition needs to be adopted and enforced, with appropriate signage, preventing storage of vehicles or boats in the parking areas. 5. A fence, with associated landgcaping, needs to be erected on the western perimeter, so as to visually obscure the facility from our residents. (Minimum height 6') Please provide us with more detailed plans, illustrating your landscaping plans on the west property perimeter. Regards, ; Harvey A. Newman Vice President HAN:sm Al s JAN 2 n ?009 459 N.W. Puma Vista Blvd. - Port S't, Lode, FL 349B3 - (772) 340-4990 , Fax (772) 340-7996 Er -al: frisaaeng0bon cest.net October 3, 2008 Ms. Noreen Dreyer Ruden McClosky 145 NW Central Park Plaza, Suite 200 Port St. Lucie, FL 34986 Re: St. Lucie Business Park Storage Wynne Building Corporation Comments Dear Ms. Dreyer: We received the letter that you forwarded to our office from the Wynne Building Corporation, the owner of the Spanish Lakes Mobile Home Community located to the west of the project, regarding their review of the project. The following responses correspond to the comments provided in the letter: 1. All stormwater runoff will be directed away from the Spanish Lakes development. Stormwater will be collected and discharged into the St. Lucie Business Park drainage system. Road swales direct runoff to a lake at the south end of the St. Lucie Business Park, which discharges into a ditch that is connected to the North Fork of the St. Lucie River. No Stormwater runoff will be directed offsite to the west of the project. 2. It is agreed, and also a requirement of the St. Lucie County Land Development Regulations, that all lighting adjacent to residential land uses shall be shielded to direct light away from the residential uses. A note has been added to the site plan indicating this requirement. 3. The dumpster enclosure will be shielded from the residential uses to the west by the following barriers: — A continuous hedge running along the western property line comprised of ninety-five (95) Green Buttonwood plantings placed approximately 2' from the property line. These plantings will be 24" tall with an 18" spread at the time of planting. — Eight (8) Dahoon ]-lolly trees located at 30' intervals running along the western property line placed approximately 3' from the property line. These trees will be 12'-14' in height with a spread of 5' at the time of planting, — An 8' high opaque wood fence running the entire length of the western property line approximately 5' from the property line. — A continuous hedge running along the inside of the 8' high fence comprised of ninety-five (95) Green Buttonwood plantings. These plantings will be 24" tall with an 18" spread at the time of planting. A 17' wide grassed swale area. AN 28 2109 OCT 0 6 2008 Site Funs - Water & Wastewater System Design • Drainage Plans • Permitting .3uden McClosk� A continuous hedge around the dumpster enclosure comprised of seventeen (17) Japanese Yew plantings. These plantings will be 24" tall with an 18" spread at the time of planting. One (1) Live Oak tree that will be 12'-14' in height with a spread of 5' at the time of planting. A six-foot high masonry dumpster enclosure surrounding three sides of the dumpster with 6' high gates on the fourth side for the opening located on the east side of the dumpster enclosure. We feel the above measures will provide an adequate buffer between the dumpster enclosure and the residential uses to the west. Please see the project landscape plan for a visual reference for the placement of the buffer along the project's western side. Ms. Noreen Dreyer, of the law firm Ruden McClosky, will address this comment directly. Please see the response to comment 3 above. In addition to the measures indicated, except for the masonry wall for the dumpster enclosure, ten (10) Sabal Palm trees will be installed along the western -most edge of the project parking area. These trees will be 18'-20' in height at the time of installation. Refer to the project landscape plan for a visual reference for the placement of the buffer along the project's western side, If you have anyNuestions, please call. Sincerely, T. Friscia, P.E. Attachments: 1. Site Plan 2. Landscape Plan cc: File 05863rm.doc P. Spirk (w/o att) f=-Fz;-Z� I C!/� From; Susan Magee [mailto:sue@spanishlakes.com] On Behalf Of Harvey Newman Sent: Monday, October 27, 2008 2:48 PM To: Dreyer, Noreen Subject: St, Lucie Business Park Storage Facility Noreen, Thank you for keeping us informed about the meeting at Spanish Lakes Riverfront. One of our partners suggested that you might want to consider building the fence between Riverfront and the Storage Facility out of chain link with interwoven aluminum slats. This would reduce future maintenance needs, which are inherent with a wood fence. Susan Magee for Harvey Newman Executive Assistant Wynne Building Corporation 800o South US 1, Suite 402 Port St. Lucie, FL 34952 sueQspanishiakes.com Phone: (772) 878.5513 x110 Fax: (772) 878-0224 JAN 2q " 2009 1 of 1 1/21/2009 3:17 PM 111Ruden ,McClosky 145 NW CENTRAL PARK PLAZA SUITE 200 PORT ST. LUCIE, FLORIDA 34986 (772)873.5910 FAX:1772) 8733110 NOREEN.DREYERORUDEN.COM October 21, 2008 Re: October 23rd Spanish Lakes Riverfront Homeowners Association meeting; Special Presentation at 7:00 pin regarding St. Lucie Business Park Storage Dear Property Owner or Resident: Prior to the start of the October 23`d Spanish Lakes Riverfront Homeowners Association meeting, there will be a presentation of a proposed development in St. Lucie Business Park, located on vacant land east of the intersection of Camino Del Rio and Galicia and lots 191, 193 and 195 in Spanish Lakes Riverfront. As an owner and/or resident of Spanish Lakes Riverfront within 500 feet of the proposed development, we wanted to extend a special invitation to you to attend the presentation to learn more about this project. The presentation will provide an overview of the proposed development and provide an opportunity for you to ask questions that you may have about the development. I hope that you will be able to attend the meeting, which is scheduled for October 23'd at 7:00 p.m. at the Spanish Lakes Riverfront clubhouse (immediately preceding the regular Association meeting). Should you have any questions prior to, or after, the meeting please contact me. Sincerely, Noreen S. Dreyer NSD/tjw cc: St. Lucie Self Storage, LLC PSL:47560:2 JAN 281009 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BOCA RATON • CARACAS • ET• LAUDERDALE • MIAMI • NA➢LES • ORUVDO I PORT ST. LUCIE • SARASOTA • ST. PETERSBURC: • TALEAHASSEE • TAMPA • WEST PALM BEACH Cas '1 : :DClS use ,very i i h�Yi�1:i E 5iC0�' e. o.r.w.a j>� HISY MICIN DI1F51 t � 1F,ed Paper p"�'"ID xci ;-Easy Peal F�etufe � ��' _ : O � H1 1r'; ®d �°It� 5160 Dianne C. Tonghini Grace LaPlace Resident/Owner 187 Camino Del Rio 14 Juan Carlos Lane 210 Camino Del Rio Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resident/Owner Resident/Owner 208 Camino Del Rio 182 Camino Del Rio 180 Camino Del Rio Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resident/Owner Resident/Owner 178 Camino Del Rio 176 Camino Del Rio 174 Camino Del Rio Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resident/Owner Resident/Owner 172 Camino Del Rio 170 Camino Del Rio 168 Camino Del Rio Port St, Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resident/Owner Resident/Owner 166 Camino Del Rio 164 Camino Del Rio 162 Camino Del Rio Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resident/Owner Resident/Owner 160 Camino Del Rio 158 Camino Del Rio 173 Camino Del Rio Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resident/Owner Resident/Owner 175 Camino Del Rio 177 Camino Del Rio 177 Camino Del Rio Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resident/Owner Resident/Owner 179 Camino Del Rio 181 Camino Del Rio 183 Camino Del Rio Port St, Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resident/Owner Resident/Owner 185 Camino Del Rio 189 Camino Del Rio 191 Camino Del Rio Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resident/Owner Resident/Owner 193 Camino Del Rio 195 Camino Del Rio 197 Camino Del Rio Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St, Lucie, FL 34952 Etiquettes fadles 6 peier A Consultez la feuille www.avery.com Utilisez le gabarit AVERY® 51600 Sens de chargement d`instruction 1-800-GO-AVERY AS3AV-OJ-008•t uoihnjlsui,p tuo:'/Jane•nnn M alllna; el za�lnsuo:) tesident/Owner .99 Camino Del Rio 'ort St. Lucie, FL 34952 Zesident/Owner '.05 Camino Del Rio 'ort St. Lucie, FL 34952 ZesidentlOwner 21 I Camino Del Rio 'ort St. Lucie, FL 34952 Zesident/Owner 217 Camino Del Rio Port St. Lucie, FL 34952 Resident/Owner 5 Juan Carlos Lane Port St. Lucie, FL 34952 Resident/Owner 11 Juan Carlos Lane Port St. Lucie, FL 34952 Resident/Owner 5 Florencia Lane Port St. Lucie, FL 34952 Resident/Owner 2 Florencia Lane Port St. Lucie, FL 34952 Resident/Owner 8 Florencia Lane Port St. Lucie, FL 34952 Resident/Owner 5 Galicia Lane Port St. Lucie, FL 34952 2uawabjey) ap suaS p09tS @,kli3/1t11laegec al zasrllin ♦ salad e salpe, sa4ar&44 Resident/owner Resident/Owner 201 Camino Del Rio 203 Camino Del Rio Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner 207 Camino Del Rio Port St. Lucie, FL 34952 Resident/Owner 213 Camino Del Rio Port St. Lucie, FL 34952 Resident/Owner 2 Elena Drive Port St. Lucie, FL 34952 Resident/Owner 7 Juan Carlos Lane Port St. Lucie, FL 34952 Resident/Owner 1 Florencia Lane Port St. Lucie, FL 34952 Resident/Owner 7 Florencia Lane Port St. Lucie, FL 34952 Resident/Owner 4 Florencia Lane Port St. Lucie, FL 34952 Resident/Owner 1 Galicia Lane Port St. Lucie, FL 34952 Resident/Owner 2 Galicia Lane Port St. Lucie, FL 34952 Resident/Owner 209 Camino Del Rio Port St. Lucie, FL 34952 Resident/Owner 215 Camino Del Rio Port St. Lucie, FL 34952 Resident/Owner 4 Elena Drive Port St. Lucie, FL 34952 Resident/Owner 9 Juan Carlos Lane Port St. Lucie, FL 34952 Resident/Owner 3 Florencia Lane Port St. Lucie, FL 34952 Resident/Owner 9 Florencia Lane Port St. Lucie, FL 34952 Resident/Owner b Florencia Lane Port St. Lucie, FL 34952 Resident/Owner 3 Galicia Lane Port St. Lucie, FL 34952 Resident/Owner 4 Galicia Lane Port St. Lucie, FL 34952 T ®0915 ®A�3nti0j� Taanieed load Ase3 Jo; jaded paad('''taays uo►tsul ag T10�®09t5 3ttndW31 etiay asp slaRel Iead AM f IUIRAd-09-009-L UOlhnjlSUI'p w0w4jane•MMM aJJina; el zalJnsuo,) Zesident/Owner i Galicia Lane ?ort St. Lucie, FL 34952 Zesident/Owner 3 Santa Fe Lane ?ort St. Lucie., FL 34952 Resident/Owner Santa Fe Lane Port St. Lucie, FL 34952 Resident/Owner 6 Santa Fe Lane Port St. Lucie, FL 34952 Resident/Owner I Santa Cruz Way Port St.,Lucie, FL 34952 Resident/Owner 4 Santa Cruz Way Port St. Lucie, FL 34952 Resident/Owner I0 Santa Cruz Way Port St. Lucie, FL 34952 Resident/Owner 16 Santa Cruz Way Port St. Lucie, FL 34952 luewa6m4) ap suas Q09LS 4&,12J3AV jp8ge6ai zassum r jaJad a salpe; seuanbil� Resident/Owner Resident/Owner 8 Galicia Lane 1 Santa Fe Lane Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner 5 Santa Fe Lane Port St. Lucie, FL 34952 Resident/Owner 2 Santa Fe Lane Port St. Lucie, FL 34952 Resident/Owner 8 Santa Fe Lane Port St.. Lucie, FL 34952 Resident/Owner 3 Santa Cruz Way Port St. Lucie, FL 34952 Resident/Owner 6 Santa Cruz Way Port St. Lucie, FL 34952 Resident/Owner 12 Santa Cruz Way Port St. Lucie, FL 34952 Resident/Owner 7 Santa Fe Lane Port St. Lucie, FL 34952 Resident/Owner 4 Santa Fe Lane Port St. Lucie, FL 34952 Resident/Owner 10 Santa Fe Lane Port St. Lucie, FL 34952 Resident/Owner 2 Santa Cruz Way Port St. Lucie, FL 34952 Resident/Owner 8 Santa Cruz Way Port St. Lucie, FL 34952 Resident/Owner 14 Santa Cruz Way Port St. Lucie, FL 34952 T Tajnleaj Jaad Rse3 jo; jaded paa3T 009L5 3VIM31 band ash ®09L5®sJl��t%� �, 1 leayS uo1unitsuJ aaS �� v stace®laad lse3 St. Lucie Business Park Storage Summary of Meeting with Spanish Lakes Residents Thursday, October 23, 2008, 7:00 PM A meeting was held on October 23, 2008 at the Spanish Lakes Riverfront clubhouse, just prior to the Spanish Lakes Riverfront Homeowners Association regular monthly meeting, to provide an overview of the proposed development plans for St. Lucie Business Park Storage to interested persons. All residents and/or owners of Spanish Lakes Riverfront within approximately 500 feet of the proposed development (82 addresses) were invited by letter. Approximately 75 persons were in attendance. A copy of the site plan and landscape plans were presented, and the applicant provided a brief Power Point presentation. The following questions or issues were addressed: • Location - many attendees were misinformed as to the location of the project, believing that it was proposed to be built within Spanish Lakes and/or that access would be through Spanish Lakes. Their concerns were addressed when they understood the correct location. • Lighting — did not want tall lights directed into Spanish Lakes. The proposed light height of 6 feet and directed downward was acceptable. • Height — one person raised a concern about the height of the building, although he lives along the river, and not near the site. • Environmental impact — no environmentally sensitive land is on the site. • Drainage — One person was concerned about drainage along Santa Clara in Spanish Lakes which has a tendency to flood; however drainage from the project is directed east, away from Spanish Lakes. • Hours of operation — did not want 24 hour access; advised residents that access hours would be limited to between 6 AM to 10 PM • Privacy — residents advised that there would be no windows along west side of building, overlooking Spanish Lakes At the conclusion of the meeting a copy of the site plan was left with the Association President, and she was requested to let us know if any additional concerns or questions were raised. Thus far none have been received. PSL:47722:1 JAN 26 2009 Agenda Request To: Planninq and Zoninq Commission Submitted By: Growth Management Department Item Number M-2, Meeting Date: 01-15-2009 Consent [ ] Regular ( ] Public Hearing [ X ] Leg. j ] Quasi -JD [ X ] owttted By Mkag'Fe�t rector SUBJECT: Petition of St. Lucie Self Storage, LLC for Preliminary/Final PNRD (Planned Non - Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage PNRD located in Lot #1 St. Lucie Business Park on Business Park Drive, 610 feet West of US-1, and across US-1 from Mediterranean Avenue in a PNRD Zoning District. Draft Resolution No 09-008. BACKGROUND: The petitioner is proposing a 6-story, 104,369 square feet, self -storage building with a footprint of 17,796 square feet. ►On December 14, 1988, Resolution No.88-365 granted St. Lucie Business Park PNRD Zoning District. ►On November 1.7, 1989, a replat approved 13 lots including Lot #1. ►On February 6, 1990, Resolution No. 90- 27 granted a site plan for Lots #1- #4 and #11413. On that 1990 site plan, four (4) buildings, which crossed lot lines, were approved. That site plan has a one-story, 26,670 square foot warehouse shown as Building 2 that crosses Lots #1 & #2. There is a 10,000 square foot building constructed on Lot #2 in 2000 by Noland Properties, Inc. The proposed building size is not in substantial conformity with the 1990 Site Plan and would exceed the existing Site Plan by 87,699 square feet. Pursuant to Land Development Code Section 11.02.05.F.2, the petitioner is requesting a new Preliminary/Final PNRD. FUNDS AVAILABLE: N/A PREVIOUS ACTION: The change in zoning to PNRD was granted December 14, 1988 by Resolution No.88-365, A Replat was approved November 17, 1989. A site plan was approved for Lots #1- #4 and #11413 February 6, 1990 by Resolution No. 90- 27. RECOMMENDATION: Recommend to the Board of County Commissioners to adopt Draft Resolution No. 09-008 granting a Preliminary/Final PNRD Site Plan to be known as St. Lucie Business Park Storage PNRD. Planning and Zoning: 0 APPROVED OTHER Form No. 07-28 = DENIED 1 2 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Planning & Zoning Commission Review: January 15, 2009 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM PNRD 06-008 TO: Planning and Zoning Commission THROUGH: Robin M sistant Growth Management Director Kristin a worth, Current Planning Managi'� FROM: Larry Szynkowski, AICP, Senior Planner DATE: December 15, 2008 SUBJECT: Petition of St. Lucie Self Storage, LLC for a new Preliminary/Final Site Plan approval for PNRD (Planned Non- Residential Development) Site Plan for the project to be known as St. Lucie Business Park Storage Planned Unit Development. LOCATION: Lot #1, St. Lucie Business Park on Business Park Drive, 610 feet west of US - Highway #1 and across US - Highway #1 from Mediterranean Avenue in the St. Lucie Business Park PNRD (Planned Non -Residential Development) Zoning District. ZONING DISTRICT: PNRD (Planned Non -Residential Development) FUTURE LAND USE: IND (Industrial) PARCEL SIZE: 1.42 acres EXISTING PNRD SITE PLAN: No -On December 14, 1988, Resolution No.88-365 granted the existing St. Lucie Business Park PNRD Zoning District with a conceptual site plan. ►On November 17, 1989, a replat was approved with 13 lots including Lot #1. ►On February 6, 1990, Resolution No. 90-27 granted a site plan for Lots #1- #4 and #11- #13. That 1990 site plan approved four (4) buildings, on seven (7) lots within 8.99 acres, including one (1) building that crossed over Lot #1 and Lot #2 combined, and is a 26,670 square -foot, one-story building with a shared driveway. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Subsequently in 1999, a 10,000 square foot building was built on Lot #2, without reference to the underlying PNRD site plan approval. PROPOSED USE: The applicant is requesting a new Preliminary/Final Site Plan approval for a PNRD (Planned Non- Residential Development) Site Plan for the project to be known as St. Lucie Business Park Storage Planned Unit Development for a six -story, 104,369 square -foot, self -storage building with one office, and 19,206 square feet of pavement. The construction would consist of the following: ❖ The 1"t floor would be 16,864 square feet self -storage, plus 932 square feet of office space; ❖ Floors 2 thru 5 would be 17,796 square feet of self - storage; ❖ The 6th floor would be 15,389 square feet of self -storage ; and ❖ A paved area would have 27 parking spaces and a 36-foot by 55-foot loading area for large vans. SURROUNDING ZONING: North: CG (Commercial General) South: PNRD (Planned Non -Residential Development) East: PNRD (Planned Non -Residential Development) West: PUD (Planned Unit Development) SURROUNDING FUTURE LAND USES: North: COM (Commercial) South: IND (Industrial) East: IND (Industrial) West: RU (Residential Urban) 5du/acre SURROUNDING LAND USES: North: Vacant South: Noland Properties, Inc. Light Industrial East: Vacant Lot #13 in St. Lucie Business Park PNRD West: PUD Spanish Lakes Riverfront Leaseholder Estates FIRE/EMS PROTECTION: Fire Station #1 (Walton Road) is located approximately 2 miles to the southeast of the site. UTILITY SERVICE: The property has adjacent water and sanitary sewer by Port St. Lucie Utilities. TRANSPORTATION IMPACTS: RIGHT-OF-WAY ADEQUACY: Business Park Drive private ROW is 60 feet wide; US Highway #1 ROW is 200 feet wide SCHEDULED IMPROVEMENTS: None St. Lucie Business Park Storage Page 2 of 11 Preliminary & Final Site Plan Major Adjustment to a PNRD January 15, 2009 I TYPE OF CONCURRENCY 2 DOCUMENT REQUIRED: Certificate of Capacity 3 4 5 6 ANALYSIS 7 8 9 PRELIMINARY/ FINAL PNRD SITE PLAN: 10 11 Pursuant to St. Lucie County Land Development Code Section 11.02.05.F major adjustments to 12 an approved planned development must be found to be in substantial conformity with the original 13 approval. If the application is deemed not to be in substantial conformity, then a new Preliminary 14 Site Plan application must be initiated. 15 16 The proposed new Preliminary/Final PNRD Site Plan to allow a building on Lot #1 is consistent 17 with the replat of November 17, 1989. However, if this proposal was submitted as a major 18 adjustment, the permitted floor area of the proposed building would represent an increase of 19 87,699 square feet. In addition, the height of the building would be increased to a six -story 20 structure. Considering that the proposed six -story building with 104,369 square feet of floor area 21 would not be in substantial conformity with the PNRD Site Plan for Lots #1 thru #4 and Lots #11 22 thru #13 (7 lots) of St. Lucie Business Park, a new Preliminary/Final PNRD Site Plan is being 23 requested for approval pursuant to St. Lucie County Land Development Code Section 11.02.05.A. 24 and B. 25 26 Therefore, the applicant met with the Growth Management Director and it was determined that the 27 applicant would proceed to the Planning and Zoning Commission with the new Preliminary/Final 28 PNRD site plan application. 29 30 31 A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN 32 33 The use of the proposed building is consistent with Resolution No. 88-365 St. Lucie 34 Commerce (Business) Park — PNRD in Exhibit B, Section 3.3.112 (2) Permitted Uses (jj) (OR 35 BOOK 619 PAGE 1788) that allows, as a permitted use, household goods warehousing and 36 storage, mini -warehouses. That resolution refers to a conceptual site plan. The PNRD was 37 developed over time, lot by lot over the past eighteen years. 38 39 The proposed building is consistent with the height and floor area square footage as 40 permitted in Table 7-10 of the Land Development Code which includes the minimum property 41 development regulations. The self -storage facility is a permitted use and fulfills a demand in 42 the community for personal storage space. The new building would share the access driveway 43 with the light industrial use, Noland Properties, Inc., on the south. But there would be separate 44 parking and loading spaces determined by the Code Section 7.06.00. 45 46 This new Preliminary/Final PNRD Site Plan is consistent with Comprehensive Plan Policy 47 1.1.8.11 encouraging the use of industrial and commercial designated lands within the urban 48 service area. Therefore, the new Preliminary and Final PNRD Site Plan, as proposed and 49 conditioned herein is consistent with the goals and objectives of the St. Lucie County 50 Comprehensive Plan, and the St. Lucie County Land Development Code Standards of Site St. Lucie Business Park Storage Preliminary & Final Site Plan Major Adjustment to a PNRD Page 3 of 11 January 15, 2009 I Plan Review Section 11.02.05 and exceeds the requirements of the General Landscaping 2 Section 7.09.04. 3 4 The architectural style conforms to the Community Architectural Standards pursuant to 5 Section 7.10.24.H. and utilizes the following five elements in the design of the building: 6 7 1) Predominantly vertical, rectangular windows 8 2) Square Columns 9 3) Canopy 10 4) Portico/Porte Cochere 11 5) Frieze/medallion 12 13 Additionally, lighting will be limited to only six feet above ground, and there will not be any 14 windows facing the residential to the west. 15 16 17 B. EFFECT ON NEARBY PROPERTIES 18 19 On October 23, 2008, the agent for the applicant held a Neighborhood Meeting with the 20 residents of Spanish Lakes Riverfront Leasehold Estates PUD. Approximately 80 residents 21 attended in addition to the underlying property owner. The applicant has tried to work 22 together with the neighbors to provide an acceptable landscape buffer, lighting restrictions and 23 hours of operation that are not objectionable. The agreed upon hours of operation are 6 am to 24 10 pm. The landscape buffer was agreed to be a chain -link fence with slats, and opaque 25 landscape material planted on both sides of the fence. Staff recommends an 8-foot high 26 masonry wall with a hedge on both sides and 60% of the required landscape materials planted 27 on the exterior of the wall, facing the residential. It was also agreed that no outdoor storage of 28 boats or RV vehicles would be allowed on the west side of the building. The residents were in 29 agreement that this use is a low intensity commercial use without any windows or exterior 30 lighting. Together with the recommended accommodations, there were no further objections 31 from the neighbors. 32 33 The maximum height allowed in the PNRD Zoning District, per Section 7.04.01 Table 7-10, is 34 60 feet. Section 2.00.00 Figure 2-11 further defines the maximum height as the average 35 distance between the roof ridge (66'9") and the eave (51'6"). In this proposal, that average 36 height would be 59 feet 1 inch. This building height is consistent with the above Code Section. 37 The height and mass of the building would be mitigated to reduce any adverse effect on the 38 view of the residents to the west in Spanish Lakes Riverfront Leasehold Estates PUD 39 (Planned Unit Development.) The distances between the proposed building and the nearest 40 homes are between 115 to 130 feet. The orientation, buffering and landscaping provide 41 mitigation as follows. 42 43 The proposed building orientation is designed so that the access to the building would face 44 south toward the light industrial use, Noland Properties, Inc. Three trees, 12 to 14 feet in 45 height would be planted (2 laurel oak, 1 dahoon holly) and one pine tree preserved within the 46 south parking area, Landscape buffers would be created on three sides of the perimeter: 47 48 Also proposed for the west property line would be an 8-foot high opaque fence facing the 49 residential use. The height of the building will not interfere with the development or use of the 50 neighboring properties. St. Lucie Business Park Storage Preliminary & Final Site Plan Major Adjustment to a PNRD Page 4 of 11 January 15, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 To the immediate north there is a vacant commercial property that contains over three acres of wetland and uplands. That parcel to the north does not directly affect this development petition. But, if developed, that site would likely be required to provide over three (3) acres upland and wetland preserve. That preserve would be adjacent to the Spanish Lakes Riverfront Leasehold Estates PUD. C. ADEQUACY OF PUBLIC FACILITIES The building and its use will comply with the Standards of the St. Lucie County Land Development Code Chapter V, Adequate Public Facilities. The property has water and sewer service available. The applicants shall comply with the requirement to pay impact fees as a commercial use per the present Impact Fee Ordinance. A certificate of capacity will be necessary since the PNRD Site Plan will exceed the normal square footage and the self storage would be a commercial use, not light industrial as the other uses in the Business Park. The proposed building is expected to create traffic into and out of the site via US-1 and Business Park Drive. The applicant shall be required to show that the transportation network was analyzed and will operate at the adopted level of service after construction of the proposed facilities. The applicants would be required have a traffic signal warrant study conducted at the intersection of Business Park Drive and South US-1 approximately 90 days after the issuance of a certificate of occupancy. If a signal is warranted by the study, the applicant would be required to design and install the traffic signal. The petitioner would be required to provide a 5-foot sidewalk for the width across their frontage on Business Park Drive, as it is shown on the proposed plan. The proposed use of mini -warehouse differs from the warehouse use in the number of vehicle trips that are generated, the day of the week, and time of the peak hour trip generation. The mini -warehouse, or self -storage has peak hours between 1 p.m. and 5 p.m. throughout the week. The existing use of a warehouse would generate trips during the normal morning and evening peak hours mostly during the week with few trips on the weekend. There would be, generally, twice as many trips as a warehouse than with four times the floor area of a self - storage facility. The proposed building would not affect transportation capacity, but would likely affect the efficiency of the traffic signal at U.S. Highway 1 and Business Park Drive. Type of Use Weekday Weekday Weekday Saturday Saturday Sunday Sunday Employees ave. # of trips peak times peak hr trips ave. # of trips peak hr trips ave. # of trips peak hr trips ave. # of trips Warehouse 26,670 sf 132 7-9aml 4-6p 70167 33 3 21 2 39 Self- storage 104,369 ,sf. 258 1 pm- 5pm 30 242 41 184 31 4 Source: Trip Generation; Institute of Transportation Engineers, 6"' Edition, Vol. 1, pp. 188, 21b; Trips are determined per 1,000 square feet of floor area; ave. = average; sf = square feet. St. Lucie Business Park Storage Page 5 of 11 Preliminary & Final Site Plan Major Adjustment to a PNRD January 15, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 D. ADEQUACY OF FIRE PROTECTION Fire Station #1 (Walton Road) is located approximately 2 miles to the southeast of the subject property. The building is proposed to be constructed of reinforced masonry exterior walls with a post -tensioned concrete floor. The roof system is proposed with standing -seam metal roofing over steel trusses at pitched roof areas. This would reduce flammability. The building footprint was adjusted in order to provide acceptable access for the Fire District vehicles. The Fire Marshall approved this project on February 1, 2007, regarding access and proximity of fire hydrants. E. ADEQUACY OF SCHOOL FACILITIES This project is non-residential and therefore not evaluated for adequacy of school facilities. F. ENVIRONMENTAL IMPACT Per Section 11.02.09 (A) (5), an Environmental Reconnaissance Level Field Assessment was submitted on August ,F6, 2006 and found not to contravene applicable provisions of the St. Lucie County Comprehensive Plan. A tree mitigation plan for all impacts was received for the proposed construction and reviewed by the St. Lucie County Environmental Resources Department (ERD). ERD requires that prior to issuance of a vegetation removal permit for any portion of the St. Lucie Business Park Storage site, the developers, their successors or assigns, shall deliver to St. Lucie County Environmental Resources Department a total of 540.5 inches of native trees measuring a minimum of 2.5 inches in diameter each (i.e. 216 trees with 2.5" diameters). The applicant provided a landscape plan prepared, signed, and sealed by a registered Florida Landscape Architect for the project which meets all of the requirements of sections 7.09.03 and 7.09.04 of the SLC Land Development Code. Since the property to the west of this site is residential, Growth Management requires that this property meet Section 7.09.04 E. "Landscaped buffer areas between non-residential and single family or two family residential uses. " This Section requires all side and rear yard perimeter buffer areas between non-residential and single family or two family residential uses shall be landscaped with a masonry wall or opaque wood fence of at least eight (8) feet in height that forms a continuous screen between the uses. All masonry walls or opaque wood fences shall be landscaped with a continuous hedge along both the inside and outside base of the wall or fence. One tree shall be planted along the wall or fence for each thirty (30) linear feet or fraction thereof of the length of the wall or fence. Tree plantings shall be alternated so that at least 60% of the required number of trees is located on the outside of the wall or fence. The remaining 40% of the required perimeter tree plantings shall be located on the inside face of the wall or fence. The applicant has proposed landscaping on three sides of the site perimeter. The west 30 feet facing Spanish Lakes PUD will be planted as follows below: St. Lucie Business Park Storage Preliminary & Final Site Plan Major Adjustment to a PNRD Page 6 of 11 January 15, 2009 1 Five (5) dahoon holly (12'-14' height) trees, and ninety-five green buttonwood shrubs 2 (2' height), 3 4 ❖ An eight (8') foot opaque wood fence to be constructed facing west toward the 5 residential, and three dahoon hollies (12'-14' height) and an additional ninety-five 6 green buttonwood shrubs (2' height) planted on the inside of the fence per Section 7 7.09.04 (E) 8 9 ❖ Twenty-one (21) sabal palm trees (18', 20', and 22' height) will be planted between 10 the fence and the parking area. This number of trees is twice the number required by 11 Section 7.09.04.C. 12 13 On the east toward Business Park Drive, the landscaping varies from 25 to 100 feet in width 14 and includes seven (7) live oak and seven (7) sabal palm trees, plus fifty-eight (58) 15 cocoplums and twenty-five (25) myrsine shrubs per Section 7.09.04 (A). 16 17 On the north perimeter, the landscaping will have depth of 20 feet and include two (2) 18 mahogany trees, two (2) sabal palms, and twenty-two (22) cocoplums and fifty (50) sweet 19 viburnum shrubs, plus four (4) existing pine trees will be preserved. 20 21 The parking islands will be planted with one (1) live oak, four (4) laurel oaks, and two (2) 22 dahoon holly trees, plus two (2) existing pine trees will be preserved per Section 7.09.04 (C). 23 24 SUMMARY 25 26 The project is located on the west side of Business Park Drive, approximately 610 feet west of 27 US-1 and across US-1 from Mediterranean Avenue in the St. Lucie Business Park PNRD 28 (Planned Non -Residential Development) Zoning District. The existing Final PNRD Site Plan was 29 approved on February 6, 1990, for 102,162 square feet of floor area on four (4) lots, including a 30 one-story building on Lots #1 and #2 with 26,670 square -feet of floor area and with a. shared 31 driveway to the south. The new Preliminary/Final PNRD Site Plan supports a six -story, 104,369 32 square -foot, self -storage building with one office and 19,206 square feet of pavement consisting 33 of: 34 35 ❖ A 1st floor with 16,864 square feet of self -storage, plus 932 square feet of office space; 36 ❖ Floors 2 through 5 with 17,796 square feet each of self -storage; 37 ❖ The 6th floor with 15,389 square feet of self -storage; and 38 ❖ A paved area with 27 parking spaces and a 36-foot by 55-foot loading area for large 39 vans. 40 This would increase the allowed floor area by 87,699 square feet and the mass of the building 41 from a one-story to a six -story structure over the previous PNRD Site Plan. 42 43 Although the proposed project meets the PNRD height dimension according to the Code's 44 Building Height definition and the Dimensions Table 7-10 in Section 7.04.01, staff has a concern 45 about the effect of a six -story building adjacent to a residential Planned Unit Development even 46 with increased landscaping. Staff has obtained from the petitioner a commitment of twenty-one 47 (21) additional sabal palm trees with heights from 18 feet to 22 feet in height for added buffering 48 on the west side of the building facing the residential area and strategically located, to provide a 49 visual buffer that will exceed code minimum. This is in addition to the required 10-foot buffer on St. Lucie Business Park Storage Preliminary & Final Site Plan Major Adjustment to a PNRD Page 7 of 11 January 15, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 the west property line including ten dahoon holly trees, a hedge, and an 8-foot opaque wood fence. Concerns of the neighbors to the west in Spanish Lakes Riverfront Leasehold Estates should be considered in addition to the property owners in St. Lucie Business Park. Staff has mailed notice letters to property owners within 500 feet of the site. Any responses to these letters received will be attached to this report. Staff recommends the tree mitigation requirement of a total of 540.5 inches of native trees measuring a minimum of 2.5 inches in diameter each be a condition of the resolution approving this project. The change to a commercial use requires that the new use meets traffic concurrency and that commercial impact fees be paid. After the storage business is in operation, the applicant shall also be required to conduct a signal warrant study at the intersection of Business Park Drive and South US-1. If a signal is warranted, the developers shall design and install the traffic signal. This St. Lucie Business Park Planned Non -Residential Development (PNRD) was originally approved in 1988 and is almost 50% built -out. It should be noted that the condition of the common components within the overall PNRD is evidenced by deferred maintenance. The landscaping along the western property boundary line has not been well maintained. There is a chain link fence rather than the masonry wall or opaque fence that is required by the present Land Development Code. The landscaping on all sites is required to be kept up to the present code and well maintained. A letter was recently sent to St. Lucie Business Park, LLC, about maintaining the landscaping. The St. Lucie Business Park LLC. representative has stated that they will improve the lots under their ownership that are built -out, and will enforce the Code requirements as new lots are sold and built on. The current owner also advised Staff that there is an old agreement that was created for sharing costs for the interior roadway, a copy of which will be provided. RECOMMENDATION: The new Preliminary/Final St. Lucie Business Park Storage PNRD Site Plan, as proposed and conditioned herein, is consistent with the goals and objectives of the St. Lucie County Comprehensive Plan; is in conformance with the St. Lucie County Land Development Code, Section 11.02.05., and exceeds the Section 7.09.04.0 and 7.10.24.H. Staff has reviewed this petition for a new Preliminary/Final PNRD Site Plan. Although this proposed PNRD Site Plan includes a six -story building that causes concerns, staff supports approval since it does meet and exceed Code requirements with additional landscape screening. Staff recommendation for the Planning and Zoning Commission is to move this petition forward and recommend to the Board of County Commissioners to adopt Draft Resolution No. 09-008 granting a Preliminary/Final PNRD Site Plan for a project to be known as St. Lucie Business Park Storage PNRD subject to the following conditions: No development permits shall be issued until complete sets of sealed, constructible, final engineering plans, supporting calculations and survey data for the site work and offsite improvements are approved by the Office of the County Engineer, Public Works Department, Utilities Department, Environmental Resources Department, Growth Management Department, Fire Department, and any other agency that may be determined by the Director of Growth Management to be necessarily involved in the St. Lucie Business Paris Storage Page 8 of 11 Preliminary & Final Site Plan Major Adjustment to a PNRD January 15, 2009 review and approval of the constructible final engineering plans for the site work and 2 offsite improvements. The determination of whether or not plans submitted by the 3 applicant constitute a complete set of constructible plans shall be made by the 4 departments involved in the plan review within five business days of the date the plans 5 are received in the Department of Growth Management. 6 7 2. Prior to issuance of a vegetation removal permit for any portion of the St. Lucie Business 8 Park Storage site, the developers, their successors or assigns, shall deliver to St. Lucie 9 County Environmental Resources Department a total of 540.5 inches of native trees 10 measuring a minimum of 2.5 inches in diameter each (i.e.; 216, 2.5" trees). 11 12 3. Prior to the issuance of a vegetation removal permit for the St. Lucie Business Park 13 Storage Site, the developers, their successors or assigns, shall clearly delineate all trees 14 to be preserved and/or protected. Delineation shall be by either the placing of silt 15 fencing, safety fencing or similar type of materials. Flagging shall not be used except to 16 guide the installation of the fencing materials. All land clearing activities shall be in 17 accordance to the specific conditions/standards outlined in the vegetation removal 18 permit. Upon installation, the Environmental Resource Department prior to issuance of 19 the land -clearing permit shall inspect the installed fencing. 20 21 4. Prior to the issuance of a certificate of occupancy, the developers, their successors or 22 assigns, shall be required to provide all side perimeter buffer areas between 23 non-residential and single family or two family residential uses. The buffer areas shall be 24 landscaped with a masonry wall or opaque wood fence of at least eight (8) feet in 25 height that forms a continuous screen between the uses. All masonry walls or opaque 26 wood fences shall be landscaped with a continuous hedge along both the inside and 27 outside base of the wall or fence. One tree shall be planted along the wall or fence for 28 each thirty (30) linear feet or major fraction thereof of the length of the wall or fence. 29 Tree plantings shall be alternated so that at least 60% of the required number of trees is 30 located on the outside of the wall or fence. The remaining 40% of the required perimeter 31 tree plantings shall be located on the inside face of the wall or fence. 32 33 5. Prior to the issuance of any building permit the developers, their successors or assigns, 34 shall either construct a 5-foot wide sidewalk along the development frontage on 35 Business Park Drive in accordance with Section 7.05.04, or provide sufficient security in 36 accordance with Section 11.04.00 of the St. Lucie County Land Development Code for 37 the construction. 38 39 6. The developers, their successors or assigns, shall be required have a traffic signal 40 warrant study conducted at the intersection of Business Park Drive and South US-1 at 41 approximately 90 days after the issuance of a certificate of occupancy. If a signal is 42 warranted by that study, the developers, their successors or assigns, shall design and 43 install the traffic signal. 44 45 7. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall 46 execute an improvement agreement for all required landscaping and tree mitigation, 47 including on -site and off -site preservation and/or relocation. 48 49 50 St. Lucie Business Paris Storage Preliminary & Final Site Plan Major Adjustment to a PNRD Page 9 of 11 January 15, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Please let this office know if you have any questions on this matter. SUBMITTED: Robin M er, ssl n irector GrowthManagement Department cc Ronald Schuman Randy Rogers, Friscia Engineering Ron Harris, St. Lucie County Surveyor Michael Powley, St. Lucie County Engineer Amy Mott, Environmental Resources Manager Christopher Lestrange, Building Official File Attachments St. Lucie Business Park Storage Page 10 of 11 2009 Preliminary & Final Site Plan Major Adjustment to a PNRD January 15, I Suggested motions to recommend approval/denial of this requested conditional use: 2 MOTION TO APPROVE: 3 4 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, 5 6 INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN 7 8 SECTION 11.02.05, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE 9 10 THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE 11 12 COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION GRANTING 13 14 APPROVAL OF A PRELIMINARY/FINAL PNRD (PLANNED NON - RESIDENTIAL 15 16 DEVELOPMENT) SITE PLAN FOR THE PROJECT KNOWN AS ST. LUCIE BUSINESS PARK 17 18 STORAGE PNRD LOCATED IN LOT #1 OF THE PNRD (PLANNED NON - RESIDENTIAL 19 20 DEVELOPMENT) ZONING DISTRICT, BECAUSE... 21 22 [LIST REASON(S)] 23 24 MOTION TO DENY: 25 26 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, 27 28 INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN 29 30 SECTION 11.02.05, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE 31 32 THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE 33 34 COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION DENYING 35 36 APPROVAL OF A PRELIMINARY/FINAL PNRD (PLANNED NON - RESIDENTIAL 37 38 DEVELOPMENT) SITE PLAN FOR THE PROJECT KNOWN AS ST. LUCIE BUSINESS PARK 39 40 STORAGE PNRD LOCATED IN LOT #1 OF THE PNRD (PLANNED NON - RESIDENTIAL 41 42 DEVELOPMENT) ZONING DISTRICT, BECAUSE... 43 44 [LIST REASON(S)] St. Lucie Business Park Storage Preliminary & Final Site Plan Major Adjustment to a PNRD Page 11 of 11 January 15, 2009 1 2 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO. 09-008 File Number: PNRD 06-008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A PRELIMINARY/ FINAL PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT) SITE PLAN FOR THE PROJECT KNOWN AS ST. LUCIE BUSINESS PARK STORAGE PLANNED NON-RESIDENTIAL DEVELOPMENT LOCATED IN THE PNRD (PLANNED NON- RESIDENTIAL DEVELOPMENT) ZONING. DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. St. Lucie Self Storage, LLC, presented a petition for a Preliminary/Final PNRD (Planned Non -Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage Planned Unit Development for property located on Lot #1, St. Lucie Business Park on Business Park Drive, 610 feet west of US -1 and across US-1 from, Mediterranean Avenue in the PNRD (Planned Non - Residential Development) Zoning District consisting of: o a six -story, 104,369 square -foot, self -storage building on a footprint of 17,796 square feet ; 0 19,206 square feet of paved area for 27 parking spaces and loading area; 0 2,780 square feet of existing paved driveway; and 0 22,067 square feet of, open space and landscaping o total impervious square footage of the project is 61,849 square feet. 1. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet all technical requirements and to be consistent with the general purpose, goals, objectives and future land use maps of the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County. 2. The proposed project, is not consistent with the standards of the St. Lucie County Land Development Code for Planned Non -Residential Development Final Site Plan. 3. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety and general welfare. 4. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 5. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. Page 1 February 17, 2009 Resolution No. 09-088 File No. PNRD 06-008 1 6. The proposed project will have water and sanitary sewer service provided by Port St. 2 Lucie Utility Systems Department. 3 4 7. The applicant has applied for and received a certificate of capacity, a copy of which is 5 attached to this order as Exhibit A, as required under Chapter V, St. Lucie County 6 Land Development Code. 7 8 9 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 10 County, Florida: 11 12 A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the 13 Preliminary/Final PNRD (Planned Non -Residential Development) Site Plan to be 14 known as St. Lucie Business Park Storage Planned.Unit Development, is hereby, 15 approved as shown on the site plan drawings for the project prepared by The Friscia 16 Engineering on September 21, 2005, last revised on April 4, 2008 and date stamped 17 received by the St. Lucie County Growth. Management Department on April 8, 2008, 18 subject to the following conditions: 19 20 21 1. No development permits shall be issued until complete sets of sealed 22 constructible final engineering plans, supporting calculations and survey data 23 for the site work and offsite, improvements are approved by the Office of the 24 County Engineer, Public Works Department, Utilities, Department, Environmental 25 Resources Department, Growth Management Department, Fire Department, and 26 any other agency that may be determined by the Director of Growth Management 27 to be necessarily involved in the review and approval of the constructible final 28 engineering plans, for, the site work and offsite improvements. The determination 29 of whether or not plans submitted 'by the applicant constitute a complete set of 30 constructible plans shall be made by the departments involved in the plan review 31 within five' -business.days of the date the plans are received in the Department of 32 Growth Management. 33 34 2. Prior to issuance of a.vegetation removal permit for any portion of the St. Lucie 35 Business .Park Storaae'site; the developers, their successors or assigns, shall 36 deliver to St. Lucie County Environmental Resources Department a total of 540.5 37 inches of native, trees.measuring a minimum of 2.5 inches in diameter each (i.e.; 38 '216, 2.5" trees). 39 40 3. Prior to the issuance of a vegetation removal permit for the St. Lucie Business 41 Park. Storage. site, the developers, their successors or assigns, shall clearly 42 delineate' all trees to be preserved and/or protected. Delineation shall be by 43 either the" placing of silt fencing, safety fencing or similar type of materials. 44 Flagging shall not be used except to guide the installation of the fencing 45 materials. All land clearing activities shall be in accordance to the specific 46 conditions and standards outlined in the vegetation removal permit. Upon 47 Installation, the Environmental Resource Division shall inspect the installed 48 fencing prior to issuance of the land -clearing permit. 49 50 4. Prior to the issuance of a certificate of occupancy, the developers, their 51 successors or assigns, shall be required to provide all side perimeter buffer 52 areas between non-residential and single family or two family residential uses. Page 2 February 17, 2009 Resolution No. 09-088 File No. PNRD 06-008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 The buffer areas shall be landscaped with a masonry wall or opaque wood fence of at least eight (8) feet in height that forms a continuous screen between the uses. All masonry walls or opaque wood fences shall be landscaped with a continuous hedge along both the inside and outside base of the wall or fence. One tree shall be planted along the wall or fence for each thirty (30) linear feet or major fraction thereof of the length of the wall or fence. Tree plantings shall be alternated so that at least 60% of the required number of trees is located on the outside of the wall or fence. The remaining 40% of the required perimeter tree plantings shall be located on the inside face of the wall or fence. 5. Prior to the issuance of any building permit the developers,,their successors or assigns, shall either construct a 5-foot wide sidewalk along the development frontage on Business Park Drive in accordance with Section 7.05.04, or provide sufficient security in accordance with Section 1.1.04.00 of the St. Lucie County Land Development Code for the construction. 6. The developers, their successors or assigns, shall be required to have a traffic signal warrant study conducted at the intersection of Business. Park Drive and South US-1 at approximately 180 days_ after the issuance of a. certificate of occupancy. If a signal is warranted by that study, the developers, their successors or assigns, shall design and install the traffic signal. 7. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall execute an improvement agreement for all required landscaping and tree mitigation, including on -site and off -site preservation andlor relocation. B. The property on which this Major Site 'Plan approval is being granted is described as follows: LOT 1, ST. LUCIE BUSINESS PARK, LESS THE SOUTH 19 FEET, ACCORDING TO THE PLAT THEREOF; AS' RECOR6ED IN PLAT BOOK 28, PAGE 9A, PUBLIC RECORDS OF ST. LUCIE COUNTY. SECTION 26, TOWNSHIP.36 SOUTH, RANGE 40 EAST, PARCEL CONTROL NUMBER: 3426-702-0002-000/6 CONTAINING 1.42 ACRES LOCATIONThe west side of Business Park Drive, 610 feet west of US Highway #1 and across US Highway #1 from Mediterranean Avenue C. Preliminary/Adjustment to the Final PNRD (Planned Non -Residential Development) Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, St. Lucie Self Storage, LLC, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to; the United Stated Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part B. Page 3 February 17, 2009 Resolution No. 09-088 File No. PNRD 06-008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 D. A Certificate of Capacity, a copy of which is attached to this Resolution as Exhibit A, was granted by the Director of Growth Management on December 17, 2008, which certificate shall remain valid for the period of Site Plan approval or any extension grated thereto. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. E. The St. Lucie County Director of Growth Management 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. F. The Director of Growth Management shall coordinate the issuance of further site Development Permits. No final site construction."authorizations or. site Development Permits shall be issued until all requirements for such permits are met.. G. This resolution shall be recorded in the., Public Records of St. LucieCounty. The recording of this resolution does not authorize commencement of, any on -site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and applicable code requirements must be met to the satisfaction of the County before final site construction permits are issued. H. A copy of this Order shall be attached to the site plan drawings described in Part A, which shall be placed on file with the St. Lucie County Growth Management Director and mailed, return receipt requested to,. the developer and agent of record as identified on the site plan application. I. The conditions set forth in "Part A are an integral nonseverable part of the Major Adjustment to the Final,,/PNRD ; PNRD (Planned ,Non -Residential Development) Site Plan. If any condition set forth in'. ;Section A is determined to be invalid or unenforceable for any reason and the. developer .declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. J. The .approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on February 17, 2011, unless an extension has been granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land, Development Code. K. The effective date of this resolution shall be the date of adoption contained herein. Page 4 February 17, 2009 Resolution No. 09-088 File No. PNRD 06-008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 After motion and second, the vote on this resolution was as follows: Chair Paula Lewis XXX Vice -Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XX)C PASSED AND DULY ADOPTED this 17th day' of February 2009. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman Is GAPROJECT FILES\St, Lucie Business Park Storage Page 5 February 17, 2009 APPROVED AS TO FORM AND CORRECTNESS County Attorney Resolution No. 09-088 File No. PNRD 06-008 U 11 EXHIBIT V) C CD Q a co m O �_ � � �� may' �`• m N M CL O U -- � eo � RIyO� � • • o y6p0�y � 1t�d10 c � IU vwj uPk�' v S IAS S S` •m PMB ocw1Y B m v lcvl PAIS Will •Pel IS yod J y ••N P1j ouMoq ouyo '3 m asw4s•J p AmH c IN A -Id Iwo w Pil •louWaS R -P U •ny uouaw3 t� Qy V' P uo1•u40p J P?! uol•uyof` � •pi`J Q4°�° 1� GdA ° Pa w• waN 3 C eoa -14S Pb Z a 2 3 .1 jouvIo Iop•aH Y ! N b e V Pb IPOH I -PI J P M•uS Pb uowwo leu•D YZ10 _ 2 i V 6 V O 1•u•o CZ-3 a 9 Alunoo aagoyoaayp PNRD-06008 Preliminary/Final PNRD (Planned Non -Residential Development) Site Plan to be/k�nown as St. Lucie Business Park Storage PNRD V S\p.Gos�N Sod°� REFORMA LN 0 P O Eye°�sO, '$ G°a°°yP�O \ P o 7�, Ok—HIDALGO LN- GUAVALN- G� } N GOLF DR o� ems' G o 2 ANDALUSIALN O V� y; q ANTIGUA LN O� Flf •�■■ ■ J > o • CD�• < o O Q w g J • u� • o ■ GPI\GAP � LU ■ Ij ■ 1 ,7k 3 Y • Z W + N a, <O '� —9 y' w <Z •� ■■ ■ 55 1� N �m y �y 7 N n ❑C1C!❑❑❑�0❑�o❑d�0❑o �%, NATALIE DR _ ❑❑❑❑❑9 ❑UL►❑❑❑❑❑Q 0C3 pO q poop p�,i,00 poL` �poo��Oflflfl � �0g Cy�00 ❑ fi�:O o iJVOpOd� 13 Oil Q Opv�J 000�0 �DDP11❑11C} O 00�°�O ❑0❑❑❑❑d❑❑❑OL? --FLORENCE DROnEIRO❑ ® Subject parcel N ■ GrrvMJingp.u.,r,/ D� �r ■ ■ 500' notification area ■ ■ ■ ■ ■ Map revised January 6, 2009 1+3 tag W41 4 o 0��I! ® �,o ,.�t l �5� ��,te�� ,� �� vv 1s A pp � .�d- ..� ILLLJL •/` Olt� ► k '�' 1 3p V Ail �Op� t MAO qFL lit IJUP� �� '�- ", { ' � •was , t � a � , �'vv � _ � A � a Maio � L:)r,it i[�ilsitais IJi iUliL3�ri,t �.r � I EXHIBIT u S 11 St Lucie County Certificate of Capacity Date 12/17/2008 Certificate No. 2795 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Prelimin & Final Major Adjustment to PNRD Number of units 0 Number of square feet 104,369 2. Property legal description & Tax ID no. 342670200020006 On Business Park Drive 610 feet w/of US Hwy I St Lucie Business Park Storage 3. Approval: Building St Lucie Business Park Resolution No. 09-008 Letter 4. Subject to the following conditions for concurrency: Certificate be valid for same period as Res No 09-008;approved construction plans; 540.5 " of native trees to ERD; protect preserve trees; perimeter buffers before CO; 5' SW BP Dr; Tr signal warrnt study 90 days post CO Owner's name Ronald Schuman Address 12375W Sample Rd Coral Springs FL 33065 6. Certificate Expiration Date 2/17/2011 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed a Date: 12/17/2008 Growth Management Director St Lucie County, Florida Wednesday, December 17, 2008 Page 1 of 2 ATTACHMENTS 1. Section 11.02.05 of the SLC Land Development Code Review of Planned Developments 2. Application of St. Lucie Self Storage - SPMJ 06-008 3. Resolution No.88-365 Granting Rezoning and Preliminary and Final Plan for PNRD as St. Lucie Commerce Park 4. Resolution No. 90-27 Granting Site Plan Approval for St. Lucie Business Park, Lots 1-4 and 11-13 5. Cross Easement for shared driveway - 05/26/1999 6. Developer Meeting with property owners - 09/13/2006 ATTACHMENT 1 SECTION 11.02.05 OF THE SLC LAND DEVELOPMENT CODE REVIEW OF APPLICATIONS FOR PRELIMINARY AND FINAL SITE PLANS FOR PLANNED DEVELOPMENTS 11.02.05 REVIEW OF APPLICATIONS FOR PRELIMINARY AND FINAL SITE PLANS FOR PLANNED DEVELOPMENTS A. REVIEW OF PRELIMINARY SITE PLANS r 1. An application for a PrelhWnary and Final Site Plan shall be submitted to the Community Development Director in a form established by the Director along with an applicable fee as established in Section 11.12.00. 2. Within twenty (20) working days of receipt of a Preliminary Site Plan, the Director's hall: a. Determine that the application is complete and direct the application -to the Development Review Committee for further review; or b. `Determine that the Information is incomplete -and inform the applicant in writing of the missing components. The applicant may submit an amended plan within thirty (30) working days_without payment of any additional fee, but if more than thirty(30) days have elapsed, must thereafter initiate a new application and pay an additional fee as identified In Section 11.12.00 of this Code. An opplication.- iall be determined do be complete only if the required submittals of Section 11.02.10 are provided. 3. The Development Review Committee shall review the application for Preliminary Site Plan and determine whether the application complies with the requirements of.this Code -within. twenty (20) working days: • In reviewing the application and snaking a determination of compliance, the' Development Review Committee shall use the staridards in Section 11.02.07. 4. After the.completion'of the review by the Development Review Committee, .the Chairman of the Development Review Commjttee shall: i a. Rbcommend that the Community Development Director determine that the application complies with the standaids of Section 11.02.07; or b. Inform the Community Development Director in writing of the deficiencies of the application. The applicant shall notify the Community Development Director within thirty. (30) working days of this notice of deficiency of his intent to address4he 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 Developme0t Review Committee pursuant to Section 11.02.03-A.3 and A. 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. 3. 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 St lode Carey Lad DsystoprnerA cods Adopted A&q;w11,19W 11 - 19 Revised ThrMVh 06f15104 Zoning Commission. 6. The Development Review Committee shall issue a written report, to the Community. Development Director setting forth findings and conclusions supporting a recommendation to the Planning -and Zoning Commission for approval, approval with conditions, or denial of the Preliminary Sile Plan.. 7. Upon notification from the Development Review Committee -that the Preliminary Site Plan is complete, the Community D. evelopmentOirecior shall.ptace the application for preliminary site plan approval on the next Planning and Zoning Commission agenda in accordance with the procedures. set out in Section 1.1.00.03. 8. The Community Development Director shall Issue a written report to the Planning and Zoning Comrnission-citing:the recommendations of. the. Development Review Committee 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. Plan 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. 1©. Within a reasonable time of .the.hearing, not to -ex ceed 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 SaeciPon 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. 12. Withln•a reasonable time of the `conclusion of the public hearing, the Board of.County. Commissioners will approve, approve with conditions or lileny the application or will direct the Comithrinity Development Director to Issue a Preliminary Site Plan approval, with such conditions as may be•necessany. B. REVIEW OF FINAL. SITE PLANS 1. The -applicant shall submit a Finai.Site.Plan:and'supporting documentation for review prior to the expiration of the Preliminary Development Order in a form established by the Community Development Director, 2. Within twenty (20) -working days of receipt of the Final Site Plan, the Community. Development Director shall: st Lufe co► dy Land DrvaiopnW* Code Adopted August 1;199D 11-20 Revised yhrmigh bLSM&D4 a. Determine that the Final Site Plan is complete and direct the application to the Development Review Committee for further review; or, b. Determine that the information is incomplete and. inform the applicant in writing of the Missingcomponents. The applicant may submit a revised Final Site Plan within thirty (30).working days without payment of a reapplication fee, but, it more than thirty'. (30) days have elapsed before the applicant resubmits the application, the applicant shall'be required to re -initiate the review process and pay an additional fee, as identified in Section 11.12.OD. An application shall be determined to be complete only if the required submittals of Section 11.02.10 are provided_ 3. The Community Development Director shall review the Final Site Plan and determine whether the proposal is In substantial conformity with the approved Preliminary Site Plan within twenty (20) working days. 4. Once a determination of conformity is made, the Community Development Director shall place the application for Final Site Plan approval on the Board of County Commissioners agenda in accordance with the procedures set out in Section 11.00.03. 5. The Community Development Director shall issue a written report setting forth findings and conclusions supporting a recommendation to the Board of County Commissioners for approval, approval with conditions, or denial of the Final Site Plan. 6. Substantial Conformity: A Final Site Plan will not be deemed to be in substantial conformity with the approved Preliminary Site Plan it it: a: Departs by more than ten (10) percent from the maximum density or grou;id coverage; or b. Changes by more than ten (10) percent the floor area to be devoted to any:residen , Hal or non-residential use; or C. -Decreases by more than ten 00) percent the area provided for public and private. open space, or changes the general location of'such area; or d Relocates approved circulation elements toihe extent that would decrease their functionality, adversely affect surrounding lands and circulation elements, or reduce. their effectiveness as buffers or amenities; or e. Significantly afters the arrangement'of land uses within the development; or f. Significantly alters the character of the development proposed in the Preliminary Site Plan; or g. is not consistent with the St. Lucie County Comprehensive Plan. sL Wei• Canty Land tbr.toymeir cods 11 - 21 RevisedThmugh 05M"Al Adopted August 1,1990 7.. After the review and recommendation, of the. Community Development Director, the Board of County Commissioners shall conduct a public hearing on the Final Site Plan to determine whether itis insubstantial conformity with the approved Preliminary Site Plan. The public hearing shall.be. in accordance with the procedural requirements of this. Chapter. lithe Board .of ,County Commissioners deierminea..that the Phial • Site Plan Is in substantial conformity . with the approved . Preliminary' Site Plan, it will ` direct the Community Development Director to issue a Final Development. Order; will. such conditions as may be necessary. If the Board of County Commissioners determines that the Final Site Plan is not in substantial conformity with the approved Preliminary Site Plan, it shall deny the Final Site Plan. 8. -Notification of the Board of County Commissioners' rlecision.shall be mailed to ail parties and filed with the Community Development Director, in accordance with Section 11.00,04(F). 9. Approval of the Final Site Plan by the Board of County Commissioners, together with the acceptance of all conditions associated with that approval, shall constitute a certified. Final Planned Development Site Plan. 10. Upon approval of -the Final Site Plan, the Board of County. Commissioners shall direct the Community Development Director to amend the Official Zoning Atlas to reflect Planned Unit Development (PUD), Planned.Non-Residential Development (PNRD) or Planned Mixer: Use Development (PMUD) zoning for the approved development. C. PROJECT PHASING Phasing of Planned Developments :shall be in accordance.with Sections 7.0i .03(K) and 7.02.03(1). D. APPEALS Any finalaction including approval or denial of the preliminary PUD site .plan by the Board of County Commissioners made in accordance with the provisions of this Section may be appealed as provided In Section 11.11:00: E. MINOR ADJUSTMENTS The. Community Devefo*ent Director. may .pulhorize minor adjustm�nis to an approved Final Planned Development She Plan. Such minor adjustments shag bet consistent with the intent and purpbse of theSt.,Lucia County Comprehensive Pian,Jhe standards and requirements of this Code, artd•the development as approved, and shall be the minimum necessary to overcome the particular difficulty. Such minor adjustments shall be limited. to the folipwing: Increasing any dimension of any one (1), primary structure or structures by not more than twenty-five (26) percent; or 2. Altering the location of any one (1) structure or group.of structures collectively by not more than one hundred (100) feet providedthat the relocetlon does not result In any encroachment Into an area or areas designated as preserved or otherwise protected, ,without the applicant providing substantial evidence that the preserved or otherwise SL Lode Cour*y LAW D*vdopnW* Colo Adopled August 1. IM 11 - 22 Revised ThW16 i b&M F protected area is no longer needed or has been equitably compensated for, or %. 3. increasing the net density o1 any one (1). singe or phase by rbore than ten (10) percent, or 4. Alteringthe location of any primary circulation element by not more than fifty (50) feet. Relocation of any primary. circulation,element by more than f ifty (50), feet will be considered a major adjustment unless the relocation results in a reduction in impervious surface area; or, 5. Altering the location.of any open space by not more than one hundred (100) feet; or, 8. Reducing the total amount of open space by not more than ten (10) percent or reducing the yard area or open space assoclated with any single structure by not more than ten (10) percent. In no case shall the total amount of open space be permitted to be less than the minimum amount of open space required under the planned development district regulations, -unless otherwise varied by the Board of Adjustment or as may be permitted by the other provisions of this. Code; or 7. Altelfng-the*location, type, or quality of.landscaping elements; or, 8. Reducing the gross density or intensity of the approved development. Notice of the authorization of such minor adjustments shall be provided to the Board of County commissioners. MAJOR ADJUSTMENTS. 1.. Any other adjustment to the approved final site plan shall be a major adjustment_and shall be granted only upon, application to and approval by the Board of County Commissioners, which may grant approval -for major adjustments only after a public. hearing and upon finding that any.proposed changes in the approved Final Planned Development Site Plan will be insubstantial conformity with the original approval,. 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. It .the Board o1 County Commissioners determines that the major. adjustments are not in substantial conformity with the original approval, then it shall refer the request to the Community Development Director for initiation of a new Preliminary..- Site .Plan. in accordance with the provisions of Section 1 i.02.05(A) of this Code. st Lode CCU* Laid Develop"M Cods 11 . 23 Revised Through 0511"4 pdWWAugust 10990 ATTACHMENT 2 APPLICATION SPMJ 06-008 OF ST. LUCIE SELF STORAGE, LLC OFFICE USE ONLY: DATE FILED: SP NUMBER: J tJX_+ 6 Cv REVIEW FEE: RECEIPT NO: RESOLUTION NO: CONCURRENCY FEE: RECEIPT NO: CERT. CAPACITY NO: ST. LUCIE COUNTY GROWTH MANAGEMENT 2300 Virginia Ave Fort Pierce, FL 34982 772-462-2822 APPLICATION FOR MINOR/MAJOR SITE PLAN AND CERTIFICATE OF CAPACITY DIRECTIONS FOR SUBMITTAL Please complete the requested information and submit all items to the St. Lucie County Growth Management Department, 2300 Virginia Avenue, Ft. Pierce, FL 34982. The proper non-refundable application fee must accompany all applications. For additional details on the information necessary for a submission of a site plan, please refer to Section 11.02.00, St. Lucie County Land Development Code. For assistance in submitting the application, please contact the St. Lucie County Growth Management Department, Planning Division. REVIEW FEES AND THRESHOLD FOR REVIEW Minor Site Plan Major Site Plan Required Review Fee $400.00 Less than 10 Acres $700.00 10-50 Acres $850.00 More than 50 Acres $1000.00 = $5/acre over 50 Acres Concurrency Fee $200.00 $400.00 Review Thresholds Residential Development Residential Development Single Family 3 to 10 Lots Single Family >10 Lois Multi Family < 50 Units Multi Family =>50 Dwelling Units Non -Residential Non -Residential General Non -Residential 6,000-24,999 sf General Non-Residential =>25,000 sf Drive-thru Facility <24,999 sf Commercial Lodging < 6 units Fuel Dispensing Uses <24,999 SF Commercial Lodging < 6 units Plat Fee (no improvements) $250.00 $250.00 Site Plan Extension $200.00 $200.00 Type of Site Plan (please check one) Minor Site Plan = Major Site Plan M Submission of Application Initial submission shall include the following: 1) One (1) original of the completed site plan application. r 2) Twenty (20) copies of the site plan graphics. (24 inches by 36 inches sheets) 26115 {! .1 J5 3) Twenty (20) copies of the landscape plan. 4) Twenty (20) copies of the required boundary and topographic survey 5) Five (5) copies of the Transportation Impact Report (if applicable). 6) Five (5) copies ofthe Environmental Impact Report (if applicable). 7) Five (5) copies of the Preliminary Drainage Data. 8) Two (2) copies of Aerial. 9) One (I) copy of the St Lucie County Property Appraiser Tax Map (Scale 1:200) with property under petition highlighted. All applications for Site Plan approval must be completed and filed with the department before 4:30 PM each business day to meet applicable filing deadlines. For an application submission to be determined complete, all required materials must be present at the time of submission. Project Information Location/Site Address Business Park Drive Site Plan Name St. Lucie Business Park Storage 342670200020006 Property Tax ID Number LOT 1, ST. LUCIE BUISNESS PARK, LESS THE SOUTH 19 FEET, ACCORDING TO THE PLAT THEREOF, Legal Description AS RECORDED IN PLAT BOOK 28, PAGE 9A, PUBLIC RECORDS OF ST, LUCIE COUNTY (attach extra sheets if necessary) Section 26 Township 37 South Range 40 East Parcel Size Acres 1.420 Square Footage 61,849 Zoning District PNRD Land Use Classification Indusrial Construction of a six -story, 108,029 s.f. office/mini-storage building and the addition of 19,206 s.f, of pavement to an existing 2,780 s.f. of existing pavement on 1.420 acres in St. Lucie County. Description of Project Residential Number of Residential [❑] Units/Subdivided Lots [Z] Commercial Total Square Footage ialZr to t of Type of Construction [❑] Industrial Total Square Footage (Check all appropriate boxes) ]aj Please specify Number and size of outparcels (if applicable) N/A St. Lucie County Application for Minor/Major Site Plan Checklist Have you shown or provided the following required information? Boundary & Topographic Information: (Refer to Section 11.02.09(A)(2), St. Lucie County Land Development Code) Yes No Aerial Photograph (subject property highlighted?) ✓ Location Sketch Boundary/Topographic Survey Positive Outfall Floodplain Drainage Basin Boundaries ✓ Preliminary, SFWNID Permit Data ✓ Site Plan Information: (Refer to Section 11.02.09(A)(3), St Lucie County Land Development Code) Yes No Yes No Location, Dimension & Setbacks for all buildings ✓ Parking and loading areas ✓ Identification of maximum buildable area under review ✓ Water/Wastewater Facilities ✓ Identification of all easements ./ Identification of all drainage facilities ✓ Identification of adjacent driveways r Location of all streets ✓ Location of all open saces I Landscaping Plan ✓ Lighting Plan ✓ Phasing Plan ✓ Transportation Impact Report ✓ Environmental Impact Report ✓ Vegetation Removal Plan ✓ Sea Turtle Protection Plan ✓ If you have answered NO to any item above, please explain why in the space below: Not FROM :FRISCIA ENGINEERING FAX NO. :7723407996 Apr. 27 2006 04:10PM P2 SPECIAL NOTICE (PLEASE MEAD BEFORE SIGNING ACKNOWLEDGMENTS BELOW) site plan approval. All riate ts Ust be Met Pf'(W SWbmission of this application does not constitute it the appropriate Fg of ill hority• `fi t-ucic Cou ty serves the ghtto rc4aest add'i i nai t4 this projtct hoittg presented for approval information to ensure a complete review Of this project. ACKNt)W LEDGMF;N'►''S Applicant Information (Property Dtyetopnr) Natno: St. T.uaie Self Stow. LLC Address: 12375 W. Sample Rd. C'ornt Springs, VL 33n65 Phone: 561 a77-4165 !?axt 954-:441 1449 Agent 1nrm7nation Name: J�sept+ T. Frisela, P.E. Address: 6 S1 $W Whiunorc Drive Port St. Lucie, PI, 34984 phone 772-340-4990 Trx: 772-340-7996 Property Owner Pfortnstion This rtPplicati will n(tl he consid4olivapplication mplcle withoat the nolorized signature or IN" a ner or , whieh shall serve ny all aCknnwtcdgm t of the sutxnlaeie �for site plan approval. The property owner's signature below sh»il alvo stave as authorization t'Rr tho 8bov 'applicant ar agent }rehalf of�said property ownor. - f i s St, Lucie Self Store e. LI — - Pmpertyl er ign>.turg' r property Owner Namp (Pleast Print) F r r f 12379W- Sample Rood Norman Schulman % r Ma11inR Address:l Coral $prinb's, PL 33a65 _. Phone. 561-477.416,5 r t STATE OF �QBI�A/ COUNTY OF FJ i The foregoing insirturcnt was acknowledgW Wore inc this produccd Army Elmore (Ttffl$'missio❑ #DD381169 Expires: DF.C, 21, 2008 Thu-� �onding (eo., Inc„ Si(tru+ture *N0(o.ry 1�pc nr Print jams ofNotary NotaryPuMir. Title Commission Niurnher (Sari) OFFICE USE ONLY Project Reviewer: DRC RevieW: Approval ')ale. Comments; ATTACHMENT 3 RESOLUTION NO. 88-365 GRANTING PRELIMINARY AND FINAL DEVELOPMENT PLAN APPROVAL FOR ST. LUCIE COMMERCE PARK - PNRD, AND CHANGING THE ZONING 1;5t ��) RESOLUTION NO. 88-365 FILE NO: RZ-88-056 A RESOLUTION GRANTING PRELIMINARY AND FINAL DEVELOPMENT PLAN APPROVAL FOR THE PROJECT KNOWN AS ST. LUCIE COMMERCE PARK - PNRD, AND CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. LL County, Florida, has made the following determinations: [Cie I. St. Lucie Investment Corp., presented a petition for a change in zoning from CG (Commercial General) to PNRD (PLa ned Non -Residential District) for the property described in Section A below. 2. St. Lucie Investment, Corp., presented a petition for Preliminary and Final Planned Unit Development approval for the St. Lucie Commerce Park - PNRD located on that property described in Section A below. 3. The Site Plan Technical Review Committee has revi the site plan for the proposed. Planned Unit Development project and has found it to meet all technical requirements, and to be consistent with the future land use maps from the St. Lucie County Growth Management Policy Plan. 4. The proposed project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Zoning Ordinance, the St. Lucie County Growth Management Policy Plan, and the Code of Ordinances of St. Lucie County. "R soon 619PAA7 5. The proposed project will not have an undue adv rse effect on adjacent property, the character of the neighbor od, traffic conditions, parking, utility facilities, or other ma ters affecting the public health, safety, and general welfare. 6. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vici ity through building design, site design, landscaping, and screen,'ng. 7. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 8. The proposed project will bo served by adequate pudic fac$li.ties and services. 9. The applicant has obtained from the St. Lucie County - Fort Pierce Fire Prevention Bureau,written confirmation that water supply, evacuation facilities, and emergency accesses are satisfactory to provide adequate fire protection. 10. The St. Lucie County Planning and Zoning Commiss on,. held a public hearing on the petition for a change in zoning and Preliminary Plan approval, after publishing notice at 1 ast fifteen (15) days prior to the hearing and notifying by mail owners of property within five hundred feet (5001) of the sub'ect property, and has recommended that the Board approve the hereinafter described request for change in zoning classifica ion from CG (Commercial General) to PNRD (Planned Non-Residen ial BOOK 619 PAGE1781 Ll District) and grant Preliminary Plan approval for the pro rty described in Section A below. 11. On December 14, 1988, this Board held a public hea ing on the petition, after publishing a notice of such hearing in the Fort Pierce News Tribune on November 22, 1988, and notifying by mail, all owners of property within 500 feet of the sub ect property. 12. The proposed zoning change is consistent with the St. Lucie County Growth management Policy Plan and has satisfied the standards of review set out in Section 5.3.300. of the St. L cie County Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Board of Co my Commissioners of St. Lucie County, Florida: A. The Zoning Classification for that property describe as follows: SEE ATTACHED EXHIBIT A owned by St. Lucie Investment Corp. be and the same is hereby, changed from CG (Commercial General) to PNRD (PLanned on - Residential District) B. Pursuant to Section 3.3.124 and 5.1.300 of the St. Lucie County Zoning Ordinance, the Planned Unit Development/Site Plan for the proposed project to be known as St. Lucie Commerce BOOK 619 PAcE17 i Park, be, and the same is hereby, approved as shown on the site plan, drawings for the project prepared by Culpepper & Terpe ing, Inc., dated September 29, 1988, (three sheets), date sta ped received by the St. Lucie County Community Development Dire for on December 14, 1988, subject to the following limi ing conditions: 1. Prior to the issuance of any Certificate of Occupancy for the initial primary structure, the developer of the property, St. Lucie Investment Corp., including any successor thereof, shall install all required Perim ter landscaping. It shall be the responsibility of the developer, or any successor thereto, to maintain his landscape buffer in a healthy and clean manner, in perpetuity. 2. All development within the area described in Part A of this resolution is subject to site plan approval prio to the issuance of any building permits, regardless of principal structure size. C. Pursuant to Section 3.3.124(3)(b)(i) of the St. L County Zoning Ordinance, only those uses/activities in the attached EXHIBIT B are to be permitted in this develop ent project. Prior the issuance of any zoning compliance or om her form of business authorizations, for any use identifie as "Conditional," all provisions of Section 5.4.000 of the St. L cie County Zoning Ordinance shall be complied with. D. The St. Lucie County Community Development Directo is hereby authorized and directed to cause the changes to be mad on the Official Zoning Map of St. Lucie County, Florida, and to ake notation of reference to the date of adoption of this resolut on. BOOK R9 PAcE17831 E. This Planned Non -Residential Development/Site Plan approval shall expire on December 14, 1990, unless a building permit is issued, or an extension granted in accordance with the provisions of Section 3.3.121(11), of the St. Lucie County Zoning ordinance. F. The conditions set forth in Section B are an integral and nonseverable part of the Planned Non -Residential Development/Site Plan approval granted by this resolution. if any condition set forth in Section B is determined to be inv lid or unenforceable for any reason and the developer decline to comply voluntarily with that condition, the Planned on - Residential Development/Site Plan approval granted by this resolution shall become null and. void. G. A copy of this resolution shall be attached to the Planned Non -Residential Development/Site Plan drawings described in Section B, which the plan shall be placed on file with the St. Lucie County Community Development Director. After motion and second, the vote on this resolution was follows: Chairperson Judy Culpepper Vice -Chairperson Havert L. Fenn Commissioner Jack Krieger Commissioner R. Dale Trefelner Commissioner Jim Minix ABSENT AYE AYE AYE AYE 800K 619 PACE 1 ! 84 as 0 s ax 619 PACEI 785 DESCRIPTION A parcel of land comprised of Lot 8 and a portion of Lots 5, 6, and 7, all in Block 3 in Section 26,' Township 36 South, Range 4 East, of Subdivision entitled PLAT NO. 1 SAINT LUCIE GARDENS as recorded in Plat Book I at Page 35 of the Public Records of St. Lucie County, Florida, TOGETHER WITH all that portion of the Northwest 1/4 of the Southwest 1/4 of said Section 26, if any, lying adjacent to and West of said Lots 7 and.8 and adjacent to and North of that portion of said Lot 7 as contained within the total parcel as hereinafter described; the total parcel being geometrically described as follows: From the POINT OF BEGINNING (P.O.B.), being the Northwest corner of the Southwest 1/4 of said Section 26, run thence S 890 40' 29 E along the North line of the Southwest 1/4 of said Section 26,_ distance of 532.85 feet to a point, said point being-16cated N 8 40' 29" W of and 418.77 feet distant from the intersection of th Westerly right--of-way line of a 200 foot wide right-of-way for U.S. Highway No. 1 and the North line of the Southwest 1/4 of said Section 26; thence run S 000 00' 33" E, a distance of 401.0 feet; thence run S 620 28' 23" W. a distance of 20.82 feet to the Easterly line of a 33 foot wide A.T. & T. easement;.thence run along the Easterly lane of said A.T. & T. easement as follows: S 470 18' 25" E, a distance of 16.77 feet; thence run 310 09' 08" E, a distance of 622.74 feet; thence run S 280 20' 08' E, a distance of 281.78 feet; thence tun .S 27.0261 47" E, a distance of 138.89 feet to the intersection of the Easterly line of said A.T. & T. easement and the South line of the, Northwest 1/4 of the Southwest 1/4 of said Section 26, said intersection point being N 890 41' 14" W of and 271.72 feet distant .from the Southeast corner of said Lot 5; thence departing from the Easterly line of said A.T. & T. easement, run N 890 411 14" W along the South line of the Northwest 1/4 of the Southwest 1/4 o said Section 26, being the South line of said Lots 5, 6 and 8, a distance of 1047.50 feet to the West line of said Section 26; thence run N 00 0021 06' E along the West line of said Section 26, a distance of 1323_55 feet to the POINT OF BEGINNING. The herein described parcel contains 21.621 acres by calculation of this description. Subject to existing easements, rights -of -way, restrictions,. reservations, and recorded plats of record_ ' 619 PA'al786 U EY.tITIT . Sec. 3.3,000 ST, LUCIE COUNTY CODE (b iilecLric transmission rights•ul=way. (c N,ib pipeline rights -of -way. (d) G ., Pressure control stations. (e) Irri),•ttion distribution chennuls. (f) Pipeli 'rights -or -way and pressure control stations. (g) Pbstuls vices. (h) Protective unctions and their related activities. 0) Radio transt 'sting stations and towers. 0) Railroad right or -way (excluding switching and niarshalling yards). (k) Rapid rail lrunst and street railway rights•uf•way, (1) Telephune relay to ers (microwave). (m) Television transmittt • stations and relay towers. (8) Accessory uses' (u) Drainage. ri1;hts•of•way. (b) )luting pieces, (c) Motor vehicle parking. (d) Sewage pressure control stations. (e) Sewage treatment, plants. (1) Swimming pools. (g) Water p1pulille rights -or -way. 00 Water pressure control stations. (i) Water storage. O Water treatment plums (purilicutiun), Section 3.3,112. CCCominerc'iul, General, variety or commcrct -d to serve n population over a )urge market.ar a, which do not impose undesirable noixe, vibra tau; offensive effects n (2) Permitted uses: (n) Accounting auditing and bookkeeping services. (b) Advertising services. (d) Animal hospital services. (c) Apparel repair, alteration and cleaning pick-up services; shoe repair services. (1) Arcades (video and mechnnical). F. , (tQ Armltttlrc rewinding services, ! Oil Automobilc and truck rental services. (i) Beouty and barber services. SFp n SV pp. No. 1:1 1_._.. 1GH0 80ox 19 PACFJ C] APPENDIX A --ZONING RECULATiONS Sec, 0.( 0) Business associations. (k) Business and management consulting services: (1) Bowling. (m) Civic, social and fraternal ussociutions. (n) Commercial printing. (01 Consurner and mercantile credit reporting >crviccs; adjustmom and colic Lion services. (p) Contract construction services (office and interior storage only). (q) Culturui activities and nature exhibitions. (r) Dental labor;itory srrvices, (s) Denlul scrvicus, (t) Detective and prutcctive scrvicus, (w) Duplicating, mailing and stenographic services. (x) Eating places. (y) Educational and scientific resenrch services. (z) Electrical ropnir services, (ua) Employment services. (bb) Engineering and architectural services, (cc) Equipment rental and lensing services. (dd) Executive legislative and judicial functions. (ce) Financial, insurance and real estate services. (M Funeral and crematory service~, (gg) Gasoline service stations. ((i) Nighway and street rights -or -way, W) Iiousehold goods warehousing and storage, mini"warehouses. (kk) Ice skating. (ll) Labor unions and similar labor organizations. (nn) Legal services, (oo) Legitimate theaters. (pp) Medical clinic, outpatient services. (qq) Medical laboratory sorvices. (rr) Miniaturq golf., , (ss) Mobile food vendors (voting places, fruits and vegetables —retail). (tt) Motion picture thonters. (uu) Motor vehicle repair services (excluding body repair). (vv) Motor vehicle parking. (ww) Motor vehicle wash suryices. (xx) News syndicate services, r •. $epp. No. 14 SrP 0 i • 1tif3l i BOOK619 PACE17�8 Sec. 3.3,000 ST. LUCRE, COUNTY CODL (zz) Photofinishing services. (aaa) Pholographic.services (including commercial). (bbb) Physicians' services. (ddd) Postal services. (eee) Professional membership organizations. (fM Protective functions and their related activities. (ggg) Racquet sports, (hhh) Radio and television repair services. (iii) Radio and television broadcasting studios, (only combined systems). U) Radio broadcasting studios (only). (kkk) Research, development and testing services. (111) Retail trade: (i) Antiques, _ (i0 Apparel and uccessories. (iii) Automotive, marine craft, and accessories, (iv) Bakeries. (v) Books and stationery. (vi) Building materials, hardware and farm equipment. (vii) Cameras and photographic supplies. (viii) Candy, nuts and confectionery, (ix) Ceramics and pottery, (x) Dairy products. (xi) DeparLment stores. (xii) Direct selling organizations. (xiii) Drugs and proprietary, (xiv) Dry goods and gerneral merchandise. (xv) Elms rind poultry, (xvi) Farm and gnrdeii supplies. (xvii) Fish and scafoods. (xviii) Florists. (xix) Fruits and vegetables. (xx) Furniture, home furnishings and equipment, (xxi) Central stores. (xiii) Cifts, novelties and souvenirs. Nxiii) Crocvries (with ur without me:tt). (xxiv) Jewelry, (xxv) Limited price variety stores. (xxvi) Mail order houses. (xxvii) Meats. (xxviii) Newspapers and ma((azines. (xxix) Optical goods. SCr q 0 1988 Supp, No. 14 1682 aaox 619 PACf I E APPENDIX A-7.ONINO REGULATIONS (xxx) Secondhand merchandise. (xxxi) Sporting goods and bicycles. (xxxii) Tobacco products. (mmm) Rcupholstery and furniture repair service. (nnn) Roller skating. (000) Special training; and schooling, (PPP) Swimming areas. (qqq) Taxicab transportation. (rrr) Telegraph mossage centers. (sss) Telegraph transmitting; and receiving stations (only). ULQ Telephone exchange stations. (uuu) Telephone relay towers (microwave). (vvv) Television broadcasting studios (only). (www) Trading stamp sarviccs. (xxx) Transportation ticket services, (yyy) Travelarranging services. (zzz) Urban planning services. (aaaa) Veterinarian services. (bbbb) Watch, clock and jewelry repair services. (ccce) Welfare and charitable services. Set{ 3.3:000 r+ r ►tiiaLf {M (4` Dimensional reguloha .- 'mensional requirenunts shnll be in occordan with Table 1 in Section 3.2.400, (5) O/jstrcel Parking and loadirli,� rrquircrnen[s OIT•strou and loading requir men Ls arc subject to Section 3.2.500. (7) Conditional uses SUPP. No. 14 of dult establishment, established religious facility, *�*S school, u , public or private P ay!•round, public park, or any area in zoning; district R•1, Rli•2; RS•2, ltS 3 I - h9Ji•5, Rhi•5, Rh1•.11, RM•18, RVP, PUD, or i MD, ki) for purposes of the distance ations set forth in subparagfraph G) bove, the measurement shill be made by ex in); a straight line from the main entrance of the building of Lhe adult l'sLablisJlll to: a. The main entrance or the building uceupied by .jl her adult stab, lishment or any established rclig;iuus facility, or eorrftt�-drrtrie•t. 1G83 800i( 619 PAGE L 790 1 Sec. 3'3'000 ST. LUCIE COUNTY CODC (c) Dwelling and other building services. (d) Electricity regulating substations. (e) )electric transmission rights-of•way. (g) Gus pipeline rights -or -way. (h) Gas pressure control stations. (j) Irrigation distribution chnnnels. (k) Motor vehicle repair services (including body repair). (1) Pipeline rights -or -way and pressure control stations, (m) Public assembly, miscellaneous purpuses. (n) Radio transmitting staUons"" -ee, o#*. 4.7�^ RetviHrode: 44*i—�F7rmw�L (r) Sports assembly. (s) Television transmitting stations aog-rdle,�. (8) Accessory uses,' (a) Drainage rights -of -way, (b) Drinking places (alcoholic beveruges), accessory ,to an eating place n—i social and fraternal organizations. (c) Detached single-family dwelling (for security purposes). (d) Horticultural services. (e) Manufacturing: 6) Bakery products. ((i) Candy and other confectionery products. (i(i) Chocolate and cocoa products, CO Retail trade: W Fuel and ice. (ii) Undistilled alcoholic beverages (accessory to retail sale of food). (9) Sewage pressure control stations. (11) Sewage treatment plant9. G) Water pipeline rights -of -way. (j) Wuter pressure control stations. (k) Water storage. (1) Water treatment plants (purification). (Ord. No. 86-15, Pt. A, 6•25.8G; Ord. No. 86.59, Pt, A, 10.7.86; Ord. No. 87.14, N. A, 1.2 II ' SOP. No.14 1Gs4 - n coax619 PA�rJ791 civic, -87) 04 APITNUIX A-_/ONING HECULATIONS I-- Scc. LOOU dixtilled alcoholic Ucvcrag (accessory to rt ail sate of food). (n Sowngc p :guru c•untrol staiiuns, ((1) ScwaUr trou(tlk lunts. N Wnter pipclin� rights .w•y (i) Wutcr pressure control slaty r 0) Water storage. (k) Water treatment plants (purification). r • r• Section 3.3.114. jLlndustriol LtbAt. Supp• No, 1$ SEo fn4� titar,.t BO' 619 PACF1792 APPENDIX A —ZONING 12LGULATIONS (2) Permitted uses: (a) Automobile and truck rental services. (b) Contract construction services. (d) Electric transmission rights -of -way, M )~qurpmcnt rental and leasing services. (g) Fishing activities and relnled activities. (h) Freight forwarding services, (i) Gas pipeline rights.or•way. 0) Gas pressuro control stations. (k) Gasoline service stations. (1) Gas utility pipelines, rights-or•way and substations. (m) Highway and street righls.of•way. (n) Historic and monument sites. fb3—ben akery products. fill) Ur rugcs. (iv) Droon and brushes. (v) Commune Lion equipment. (vi) Confectionery nd related products. (vii) Costume jewelry, stume novelties and notions. (viii) Dairy products, (ix) laectricul lighting and w 'n{; c<luipment. (x} Eluccronic components and a essorics. (xi) Fabricated structural metal pro ts. (xii) Household appliances. (xiii) Ice. (xiv) Jowe)ry, silverware and plated ware. {xv) Lamp shades. (xvi) Miscellaneous plastic products. (xvii) Mobile homes and accessories. (xviii) Morticians' goods, (xix) Musical instruments and purls. Nx) Orlice computing and uccountinl; machines. (xxi) Pens, pencils and other oflice and artists materials. Supp. No. 12 1687 3.3.000 SEP 3 o w ; COPAA1tJi;liY Ui1;v... .-,i i / 890K 4S1 9 PdCf 1 Sec. 3.3.000 ST. LUCIE COUNTY CODE and supplies, walchus and clucks. n (xxv) 1 o and television rucuiving sets, except communication types. (xxvi) SiOG4 •Ind fire control equipment. (xxvii) Signs and a •rtiying tlispl:,ys. (xviii) Small arms. (xxix) Toys, amusements, spu g and athletic goods. (r) Merchandise and vonding machine operators. (s) Millwork. (Q Motion picture production and distribution services. (u) Motor freight transportation. (v) Motor vehiclo repair and services. (w) Motor vehicle parking. (x) News syndicate services. (y) Other business service. N) Other electric utilities. (aa) Other gas utilities. (bb) Other pipeline and transmission rights -of --way and pressure control stations. (cc) Other transportation and servicos and urrangements. (dd) Other utilities. (eu) Packing and crating services, M) Photo finishing services. (gg) Printing and publishing. (hh) Radio and television broadcasting studios, only (combined systems). 60 Radio broadcasting studios (only). W) Railroad rights•of•way. (kk) Rapid ruil transit and street rail rights -of -way, 01) Repair services. Onm) Research and development, and testing services, (nn) Ship, boat building and repairing. less than forty -rive (45) feet. (oo) Sorting, grading and packaging services. (PP) Taxicab transportation. (qq) Tele6•raph message centers. (rr) Television broadcasting studios (only). (ss) Warehousing and storage, excluding stockyards. Rt) Water utilities and irrigation. (uu) Wholesale trade: (i) Motor vehicle and automotive equipment. Becr, wine, and distilled alcuholic beveragos. (60 Cotton. (iv) Drugs, chemicals and allied products, (v) Dry goods and apparel. U Supp. No. 12 1688 �i,' SEP 3 0 ''B 619 PAGF179 'n APPENDIX A —ZONING REGULATIONS (vi) Electrical goods. (vii) Furniture and home furnishings. (viii) Grain. (ix) Groceries and related products. (x) hardware, plumbing and heating equipment, and supplies, (xi) Xidus, skins and raw furs. (xii) Leaf tobacco, (xiii) Lumber and other building materials. (xiv) Machinery, equipment, and supplies. (xv) Paper and paper products. (xvi) Tobacco and.tobacco products. (xvii) Wool and mohair. e. 3.3.000 (4) Dimensional regulaGu . mensional requirements shall be in accord nce with Table l in Section 3.2.400. (5) Off-street parking and loading requiremems. Off -stye ing and loadin requirc. monts are subject to Section 3.2.500. \�. (7) Conditional uses, ( •*�t;r1+f+Hti-�;.r'+"!-t+k..oLC.Galdr. ing and preserving of fruits, vegetables, and seafood. Co\Gra,�n (cng.and finishing of textiles (except woof fabrics and knit goods). (dport Landing/takeoff pads, (cifacturing: of and shot cut stock and Rndings. re d and narrow woven fabrics and other small wares (cotton, m ibers silk and wool). ut sto o and alone products. elt goo (except woven fuits and hats). ootwear ( cept rubber). urniture an fixtures. rain mill pro cts. (viii) Handbags and o er personal leather goods. (ix) Industrial leather citing and packing. (x) Knit goods. (xi) Lace goods. (xii) Leather and sheep -lined -iel clothing. ode (xni) Leather gloves and mitten o�izc (xiv) Luggage.(X lot --1 I SEPlL S PP No. 12 30 16A0 -...,. BOOK 619 PACE1 Sec, 3,3,000 ST. LUCIE COUNTY CODC (xvi Other fabricated metal products, manufacturing; NEC. (xviii) they food preparations and kindred products, NLC. (xix) O or leather products, NEC. (xx) Othl lumber and wood products, except furniture, (xxi) Other o inunca and accassorios. (xxii) Other text a goods, (xxiii) Other trnnsp lalion equipment. (xxiv) Padding and up Istery filling. (xxv) Processing waste a recovering fibers and flock. (xxvi) Tire card and fabric. (xxvil) Tobacco products manufa • uring. (xxviii) Wood containers. (xxix) Yarns and threads. M Marine terminals (freight). (h) Other combined radio and television communication, NEC. W Other communication, NEC. W Other marine craft transportation, NEC. (n) Other transportation, communication and utiiilios. (p) Radio transmitting stations e.ed .t" (q) Telephone relay towers (microwave), (r) Television transmitting stations wwl n.lj&y Lerwurti (s) Wholesale. M Other farm products, NEC. (i0 Other wholesale trade, NEC. (8) Accessory uses subject to the requirements ojSection 3.2,100, including. (a) Cc -generation facilities. (b) Fueling facilities, (d) ' One detached Single-family dwelling for security purposes per property. (e) One mobile home for security purposes per property, M Retail trade accessary to the primary mrwovw�mt,4&oj i oog-t".wholesaling use. (9) Sewage treatment plants. (h) Sewage sludge drying beds. M Sewage pressure control stations. (Ord, No. 86-45, Pt. A, 6.25.86) supp. No. 12 1G90 9403,15 '89 17 P12:04 ST. -- ll' SEP 3 0, Ily ATTACHMENT 4 RESOLUTION NO. 90-27 GRANTING SITE PLAN APPROVAL �bR ST. LUCIE BUSINESS PARK, LOTS 1-4 AND 11-13 May 20 05 02:22p 5 6 Lucie Counts 5F 462-1581 F.14 1028435 �1 DMON _ C320i of wit CoInt ant 1' a 3 --� RESOLUTION N0. 90-27 B y Tots] ?5.,, ya ^..I►�} A RESOLUTION GRANTING SITE PLAN APPROVAL FOR A PROJECT KNOWN AS ST. LUCIE BUSINESS PARK, LOTS 1-4 and 11-13 7 WHEREAS, the Board of County Commissioners of St. Lucie 8 County, Florida, has made the following determinations: 9 1. A four ! 41 building retail /indu qtr, al r-mmn1 AX I 10 project has been proposed for location in the St. Lucie 11 Business Park S/D, which project is to be known as St. 12 Lucie Business Park - Lots 1-4 and 11-13. 13 2. The Development Review Committee has reviewed the 14 site plan for the proposed project and has found it 15 to meet all technical requirements, and to be 16 consistent with both the existing zoning and the 17 future land use maps from the St. Lucie County 18 Comprehensive Plan_ 19 3. The proposed project, does not require .the 20 preparation of a traffic impact report. 21 4. The proposed project is consistent with the 22 general purpose, goals, objectives, and standards of the 23 St. Lucie County Zoning Ordinance, the St. Lucie County 24 Comprehensive Plan, and the Code of Ordinances of St. 25 Lucie County. 26 5. The proposed project will not have an undue 27 adverse effect on adjacent property, the character of 28 the neighborhood, traffic conditions, parking, utility as 679 PACE1758 May 20 05 C2:23p 561-462-1581 15 1 2 3 4 5 6 7 8 9 10 11 12 13 24 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S* Lucie County 0 10 facilities, or other matters affecting the public health, safety and general welfare. 6. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 7. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. &. The proposed project will be served by adequate public facilities and services. 9. The applicant has obtained from the St. Lucie County - Fort Pierce Fire Prevention Bureau written confIrmation that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection_ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 5.1.300 of the St. Lucie County zoning Ordinance, the site plan for the proposed project to be known as St. Lucie Business Park - Lots 1-4 and 11-13, be, and the same is hereby, approved as shown on the site .plan drawings for the project prepared by Kidley & Associates, dated December 11, 1989, and date stamped received by the St. Lucie County Community Development Director on December 22, WK 679 FAcE1759 May 20 05 02:23p Lucie County 56' 462-1581 p.16 1 1989, subject to the following conditions: 2 3 1. All fire protection systems required within these structures shall be completed, tested, 4 inspected and certified operational by the Fire Marshal inrior to the ismluarce of an" 5 Certificate of Occupancy, for any portion of 6 this project. 2. Commencing the first peak season, following i}}e 'i Ort.�ni.o n; i-io -F rc.+ 1'. 4 1 .7: ... .. �. .....-.w: J- .s. L. .. developer of St. Lucie Business Park shall be 8 required to conduct a traffic signal warrant study at the intersection of Business Park 9 Drive and South US #I. If a signal is found to be warranted, the developer shall be 10 responsible for the construction, installation, and, upon remitting, 11 Po quest, the conveyance of the signal to the appropriate 12 governmental entity, construction of the signal shall include all, roadway alteration work as may be required by the Florida Department of 13 Transportation and St. Lucie County. 14 The first monitoring report shall be due on 15 April 1, 1990, and an every April 1st there after, until one year following the issuance of the last Certificate of Occupancy in the 16 subdivision known as St. Lucie Business park. 17 3. All perimeter landscaping shall be installed so as to permit the free flowing movement of 18 vehicles. No obstructions such as, but not 19 limited to, trees, sigma, and light posts, shall be located within five feet of the edge of any 20 vehicle travelway. 21 4. The terms and conditions of Resolution 88-365 are incorporated as a part of this development 22 approval. This condition is specifically intended to include the .list of authorized uses, as 23 recorded in OR Book 616, Pages 1793 thru 1796. 5. No building permits shall be issued for Buildings 24 #2 or #4 until such time as St. Lucie County is provided copies all legally recorded 25 and enforceable documentation abandoning the indicated AT&T easement traversing the site 26 plan. 27 6. Unless otherwise noted at the time of building perm i f a r�ri 1 i Kati nn . tl+o 28 + determination of this projects required Road l I sB 679 Puri 760 May 20 05 02;23p Lucie County SF 462-1581 . i • .17 1 Impact Fees shall be the GENERAL INDUSTRIAL rate. If the general industrial rate is remitted at 2 that time, no zoning compliance or other business authorizations will be granted to any use 3 determined to be primarily retail or otherwise representative of a General Commercial 4 type use, unless the corresponding difference i.n Road Impact Fees is remitted to St. Lucie 5 County. The amount of any future remittance is to be determined by the prevailing fee schedule 6 in effect at the time of application for zoning compliance or authorization, and not 7 retroactive to the date of building permit issuance. 8 9 B. The property on which this development will take 10 place is described as follows: 11 LOTS 1 THRU 4 AND LOTS 11 TBRU 13, 12 St. Lucie Business Park SJD 13 14 C. This site plan shall expire on February 6, 1991, 15 unless a building permit is issued or a site plan 16 approval extension granted in accordance with Section 17 5.1.300(9), St. Lucie County Zoning Ordinance. 18 7) _ ThA nnnrii i-inncz npt in fiprf-i nn A a,rsm an 19 J integral and nonseverable part of tha ci.f-o nian Annrnval 20 - 21 -- granted by this resolution. If any condition set 22 forth in Section A is determined to be invalid or 23 unenforceable for any reason and the developer declines 24 to comply voluntarily with that condition, the site plan 25 approval granted by this resolution shall become null and void. 26 27 B. 28 This approval is of a conceptual site plan and BOOK 679 PACE 761 May 20 05 02:24p Lucie County 5C 462-1581 p.IS 1 shall become final upon submission of detailed building 2 and landscape plans. Such plans shall comply with 3 all applicable County ordinances, regulations, and 4 requirements, and shall include written verification 5 from the public or private utility. intending to serve 6 the project that sufficient capacity exists 7 water/wastewater, in that utility system to meet thi 8 demands of that development. in the event of a 9 private utility, this statement: of verification must 10 be accompanied by a concurring statement from the 11 Florida Department of Environmental Regulation. 12 13 F_ A copy of this resolution shall be attached to 14 the site plan drawings described in Section A, which plan 15 shall be on file with the St_ Lucie County Community 16 Development Director. 17 18 After motion and second, the vote on this resolution was 19 as follows. 20 Chairman R. Dale Trefelner AYE 21 Vice -Chairman Havert Fenn, AYE 22 Commissioner Judy Culpepper ABSENT 23 Commissioner Jim Minix ABSENT 24 Commissioner Jack Krieger AYE 25 26 1 PASSED AND DULY ADOPTED this 6th day of February, 1990. 27 28 e gook 679 PAcE, 762 May 20 05 02:24p 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Lucie County 5C 462-1561 p.19 i )A D OF COUP COMMISSIor '. LUCIE COUNTY, FLORIDA CHAIRMAN S TO FORM END Rf �CTNESS : /i r1 . A 1028435 0 27 All .21 a. F;o "E. CUpf, AS P� i vN o ,, C•i - r IA:r v ssoox 679 PAof 1763 rnwtJwl 127.SH' >< r - o , D 0 0 0 _I Q f 0 -�- OeJY 57' 02'-- R= 110,00' 1 L= IJ1.77' J r, •-� (• " o ;a� ST. LUCFE 8'Ub`tt3ESS PARK B�` (.xF,urr �rd:Y.cn/PYTrin OrM h_JNa St. Lucie County, Florida(551 rot mP+rt 1.1l/e —.fi 1.1 ar..q Ne •~rr SL610Wm WA ror,n, Florly 33s01 SI1B Plan (107)660 -5517 0z'd t8ST-Z9b �S Pqunoo aeon- dbZ:ZO SO 02 Pew ATTACHMENT 5 CROSS EASEMENT FOR SHARED DRIVEWAY OR BOOK 1225 PAGE 1314 - 05/26/1999 000 M N N Mr.w JOMM NDlIisitr Clerk of the Circuit Court - St. Lucie County File NtMor:1722937 OR BOOK 1.225 PAGE 1314 Recorded: 05-26-99 12:16 P.M. TbbkO-Mp *m dbr. DOU4IAS L OONANO 0011114 FFne/ & hW m Art PFase, R.34MIRl asn+�laox I FUR DRIVEWAY 7M WDMUM Mlldll rod entail bid JL diV dJ&AV—. IM. by and hrotem Sr. UKIEDf AMME frCORP. Or LUMAodtOML APPIONANI, 7RtMUlymDPRLINDTRUSr AORFPAl1NTTRMNO. Wl (UA). 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C�er,Yle�lui� i � � ! tea• � !�� J ■kid P. der, a Vls i11t m d sL tob i lm- daa a ft m!mdm lltro a.odltio�so�ac.e.e.�oia/ 1ldealoa Im." jkix �f`W u+ir i pw-71-l9'!! 17'" -- - r _ v5 t� 1 r v OR BOOK 1225 PASS 1317 ESP A TO QObBlASINYP !OR UWVBWAY 7lrpope<gr1®ep�paillpidRabed a�dd�ykYd it be iRdle(toAl EdoRs tYtlNtt>! hAR1I ORIYY SCALE : 1 -4Q' NSNTMJX Ar -------------- IIi UI{NI► tl1LpR (RiR MAT) "W& MUM 1RK OI LOT I •r rr0�-Mwzw (►OI ti� �OaI ,1L� NORTH IS Mw•Oi THE $OATH 19* Of LOT 1 210' PROPOM almosw► UNK- s n ---------------- .______ 3r 011YYK UNa01T (1(A MQ ■/a air � a.ae �� -- - � AM " C-7r.A... ACOM MUMM NWAM MR R1WAM CASTER aoouUwNwt�+at�i sNR � a/I�r,oe, Nti01T N� N;�R JrtKI ff!♦4 RLL � ax MI-N�-7g1 GOIIINICAT101 Nlp, u. �3M /A RNl 1'.101 N Or 1 wsa�w�m.�arvara � OR BOOK 1225 PAGE 1318 MMMIRTOOMMUM i1'MLItMWAv Sr. UIOi M�71�if Ot11' AND LDu6 � Ae�67vi1l� TA[5188 '�+� aavQa wblea�rrb�.mbeanee�ln.arlae,rs�b beaxa. �I fMtft 0ARR ORIvi SCALE : 1'-40' CDITQI" W -- __.r.--- .____ •. -- -- -- ,v uTurveAxYc�rlra n+q rrfr OROKAI 10UM LRW 0/ tAT I Aw ww+wpww i (rok PLAN A+ NORTH 13' 0;0 river vw • -m OF THE SOUTH 37 r 4. wr.. vw wry MM W w OF LOT 1 4T0' i r�aroSEn c�eot�r �+t ^t EAXMMT aM ftAT) TNr fA NOR A =mY yVoj�.N1 wUM RUM .F"-. ► a� r �r�e sw= MO 09074p'im AV= LA9OIT !IQ NWAW M 1101AM CASH IN I ON I C•hMi► Wq / r0lb Amm ME • • qA• L�1fl/1GAON M0. L1. qN M/A MR f .1y 1 d 1 ji �h�wlr•»Nt•VYtl► � ATTACHMENT 6 DEVELOPER'S MEETING WITH PROPERTY OWNERS 09/13/2006 o Invitation to the meeting o List of those invited o Meeting notes STAGE L. C. MCELROY 772-464.7700 x. 6708 smcelroy@deanmead.com September 1, 2006 OwnerName» AddressLinel» uAddressLine2» uCityStateZIP» Re: Meeting Invitation from St. Lucie Self Storage, LLC Dear Property Owner You are receiving this letter because the St. Lucie County Property Appraiser's records indicate that you own property in or near the St. Lucie Business Park in Port St. Lucie, Florida. You are invited to attend a presentation by St. Lucie Self Storage, LLC, one of your neighboring property owners, about their plans for developing their parcel into a first-class self -storage facility. An informal meeting will be held on September 13, 2006 at 6:00 p.m. The meeting will take place at the Holiday Inn located at 10120 S. Federal Hwy., Port St Lucie, Florida. Representatives of St. Lucie Self Storage will be present to discuss their development plans and to answer questions about their new facility. The plans presently call for a six (6) story stucco building. The bottom level will include office space and meeting rooms. The upper levels will be devoted to self -storage units. Plans will be available for your review at the meeting. _Please share this invitation with any tenants you may be leasing the property to at this time. Please call my office at (772) 464-7700 or email me at smcelroy(a4dea=ead.com to let me know if you will be able to attend this meeting. Sincerely, Stacie L. Carpenter McElroy SLCM: OwnerName Adams Ranch, Inc. Addy's Cafe and Bakery, Inc. Aerosoft Technical Services, Inc. Alan Bucchino Atlantic Mortgage Funding, Inc. Best Financial Services, LLC Beverly A Martino Desert Vipers of Florida, Inc. EMGI LLC Indian River National Bank Infinity International Group of Florida LLC Joseph G Miller, Trustee Josephine L Cameron / Sarah Y Richeson Killavaney Property Company Majesty Florida Limited Partnership Mark Stevens / Ginette Stevens Mehan & Fernandez Realty Corp. Mohan & Fernandez Realty Corp. Noah Blum Noland Properties„ Inc.. Normand Properties, LLC Pellerin Insurance Agency, Inc. PSL Professional Center, LLC R,A.A. Properties LLC R.V. Howard and Associates, Inc. Reb Oil Leasing, Inc. RIGS Inc. Robert J Carell Sharyn B Stolzenberg-Cora SMG Company, LLC Sovran Acquisition Ltd. Partnership St. Lucie Business Park L.L.C. St. Lucie Investment Corp St. Lucie Palm Center L.L,C. Tescor Properties L.L.C. William G Pembroke AddressLinel 26003 Orange Avenue 208 Ramie Lane 4200 N AIA #1113 8265 W 18th Ave 8491 S US Highway 1 10302 S Federal Highway, Suite 161 30 McIntosh Court 8259 S US Highway l 21063 Bella Vista Circle 958 20th Place 8507 S Federal Highway 5500 Orange Ave Post Office Box 777 110 Bridge Road Post Office Box 31276 164 NE Elm Terrace 8521 S US Highway 1 8737 Bally Bunion Road 900 Virginia Ave Suite 10 c/o Tax Administrator 8489 S Federal Highway #16 569 NE Lima Vias c/o Leeward Realty Group 8229 S US Highway 1 8495 S US Highway 1 Post Office Box 3120 c/o Roland B Verfaillie 8267 S Federal Highway 598I SW 37thTerrace 7305 Elyse Circle 6467 Main Street 2240 Woolbright Road #300 2601 Biscayne Blvd 2240 Woolbright Road #300 8479 SE Federal Highway 8517 S US Highway I AddressLine2 80 29th Street 6698 S US Highway I 8241 S US Highway I CityStateZIP Fort Pierce, Florida 34979-2909 Port St. Lucie, Florida 34952 Fort Pierce, Florida 34949 Hialeah, Florida 33014-3266 Port St. Lucie, Florida 34952 Port St. Lucie, Florida 34952 Malveme, New York 11565-1024 Port St. Lucie, Florida 34952 Boca Raton, Florida 33428 Vero Beach, Florida 32960 Port St. Lucie, Florida 34952 Fort Pierce, Florida 34947-1309 Fort Pierce, Florida 34954-0777 Tequesta, Florida 33469 St. Louis, Missouri 63131 Jensen Beach, Florida 34957 Port St. Lucie, Florida 34952 Port St. Lucie, Florida 34986 Fort Pierce, Florida 34982 Newport News, Virgina 23607-0971 Port St. Lucie, Florida 34952 Jensen Beach, Florida 34957 Port St. Lucie, Florida 34952 Port St. Lucie, Florida 34952 Port St, Lucie, Florida 34952 Stuart, Florida 34995-3120 Port St. Lucie, Florida 34952 Port St. Lucie, Florida 34952-2859 Dania Beach, Florida 33312 Port St. Lucie, Florida 34952 Buffalo, New York 14221-5890 Boynton Beach, Florida 33426 Miami, Florida 33137-4532 Boynton Beach, Florida 33426-6363 Port St. Lucie, Florida 34952 Port St. Lucie, Florida 34952 BOARD OF COUNTY COMMISSIONERS December 30, 2008 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 St. Lucie Business Park Storage PNRD 06-008 GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that St. Lucie Self Storage, LLC presented a petition to St. Lucie County to grant approval for a Preliminary / Final PNRD (Planned Non -Residential Development) Site Plan for the project known as St. Lucie Business Park Storage Planned Non- Residential Development, for the following described property: Location: Lot #1 St. Lucie Business Park on Business Park Drive, 610 feet West of US Highway 1 and across US Highway 1 from Mediterranean Avenue. Legal Description: LOT 1, ST. LUCIE BUSINESS PARK, LESS THE SOUTH 19 FEET, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 9A, PUBLIC RECORDS OF ST. LUCIE COUNTY. SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, CONTAINING 1.42 ACRES PARCEL CONTROL NUMBER: 342670200020006 The Planning and Zoning Commission public hearing on the petition will be held at 6.00 AM., or as soon thereafter as possible, on Thursday, January 15, 2009, County Commissioner's Chambers, St Lucie County Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy strongly encourages your input and comment at the public hearing of this matter before the Planning and Zoning Commission and County Commission, rather than by contact outside of the scheduled public hearing(s). We encourage you to speak at these public hearings, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-2822 if you have any questions, and refer to the project name and number listed above. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION /S/ SUSAN CARON, CHAIRMAN Form No. 07-12 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. S County Administrator - Douglas M. Anderson Website: www.stlucieco.gov 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 GROWTH MANAGEMENT - Phone (772) 462-2822 FAX (772) 462-1581 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA JANUARY 15, 2009 NOTICE OF PROPOSED PRELIMINARY / FINAL PNRD SITE PLAN The St. Lucie County Planning and Zoning Commits - Eton is scheduled to rovlew and make mcommendations regarding the following item petitioned by the applicant for edopdon by the Board of County Commissioners of St. Lucie County, Florida, by resolution. RESOLUTION NO.09.008 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF ST. LUCIE COUNTY GRANTING APPROV- AL FOR A PRELIMINARY I FINAL PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT) SITE PLAN FOR THE PROJECT KNOWN AS ST LUCIE BUSINESS PARK STORAGE PLANNED NON-RBSIDENTIAL DEVELOP- MBNT LOCATED IN THE PNRD (PLANNED NON- RESr- DENTIAL DEVELOPMENT) TONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA, APPLICANT: St. Lucie Self Storage, LLC FILE NUMBER: PNRD 06-009 LEGAL DESCRIPTION: LOT 1, ST. LUCIE BUSI- NESS PARK, LESS THE SOUTH 19 FEET, ACCORD- ING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 9A, PUBLIC RECORDS OF ST, LUCIB COUNTY. SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, CONTAINING 1.42 ACRES PARCEL CONTROL N UMBER- 342670200020006 LOCATION: Lot 01 St. Lucie Business Park on Busi- ness Park Drive, 610 feet Wrest of US Highway I and across US Highway I from Mediterranean Avenue, PURPOSE, The petitioner is Proposing a 6-story, 104,369 square foot, self- storage building, which is a modification to this existing site plan approval slut allows for a 26,670 square foot cme tory building and a shared 16--y. The Planning and Zoning Commission PUELIC HEAR- ING on this item will be held in the Commission Cham- bers, Roger Poittas Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avcnve, Port Pierre, Florida on Thursday. iamtaey IS. 2009. lw ginning at 6:00 P-Mr or as soon therceftet es poscibic. All uaereatcd persona. will be given an opportunity to be heard. Wrilecn comments received in advance of the public hearing will also be considered. Written comments to the Planning and Toning Commission should be received by the Growth Man- agement Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Growth Management Department offices located at 2300 Virginia Avenue, 2nd Floor, Pon Pierce, Florida, during regular businershours. Pleas"11772/462-2822orTDDT121462-1428 if you have any questions or require additional information. The St. Lucie County Planning and Zoning Commission has li the power to review and recommend to the St. Lucie Coon- ty Board of County Commissioners, for approval or disap provat, any applications within their Area of responsibility. The Proceedings of the Planning and Zoning Commission are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person docides to appeal any decision made by the Planning and Zoning Commission with respect to any maser comidered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the pro- ccedings is made, which record includes the testimony and cvi- demo upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing wilt be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it bcwmcs nor- cssary, a public hearing may be continued to a dat�ccrtain.' Anyone with a disability requiring accommodation to at- tend this meeting should contact tiw Ss. Lucie County Co., .unity Services Director at least Pony -eight (48) boom prior to the mewing at 7721462-1777 or T,D.D, 7721462-1429. PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/SUSAN CARON, CHAIRMAN PUBLISH DATE: January 5, 2009 ITEM NO. VII-C J DATE: 09/15/09 • I . A AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI -JD (X ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Waite, AICP SUBMITTED BY: Growth Management Department Senior Planner SUBJECT: Resolution No. 09 — 066, Preliminary Planned Unit Development for the Shinn Road Equestrian Estates project. (File No.: PUD 06-002) BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 16, 2009 — Planning and Zoning Commission recommendation of approval, with conditions. RECOMMENDATION: Board continuance of the Preliminary Planned Unit Development for Shinn Road Equestrian Estates to a date certain (TBD.) COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER - Approve 5-0 Motion to Faye W. Outlaw, MPA continue to November 3, 2009 County Administrator Coordination/Signatures i County Attorney ( ) County Surveyor Daniel S. McIntyre County Engineer ( ) my� Michael Powley Originating Dept. ( ) Mark Satt ee Ron Harris ERD ( ) lta en Smith r— k` Growth Management Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mar e, I�A�trector - FROM: Diana Waite, AICP, Senior Planner for Oki Kara Wood, Planning Manager DATE: September 15, 2009 SUBJECT: Resolution No. 09 — 066, Preliminary Planned Unit Development for the Shinn Road Equestrian Estates project. (File No.: PUD 06-002) ITEM NO. VII-C Background: Since advertising the public hearing on the subject petition staff has determined that additional time is needed to review and prepare the proposed AG PUD for your consideration. The subject property is 532.2 acres located on Shinn Road, approximately 1.5 miles north of Okeechobee Road, extending west to Header Canal. The Future Land Use designation and the Zoning District are both AG — 5 (Agriculture — 1 du/5 acres). The applicant is proposing an agricultural planned unit development of 106 single-family lots. Recommendation Board continuance of the Preliminary Planned Unit Development for Shinn Road Equestrian Estates to a date certain (TBD.) AGENDA REQUEST COUNTY 4 F L 0 R I D R TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. XHr DATE: September 15, 2009 REGULAR [XX] PUBLIC HEARING [] CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Conveyance of Three Foot (3') Strip of Land to City of Fort Pierce - Jetty Park BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 09- 271. COMMISSION ACTION: CONCURRENCE: [X] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 '} Review and Approvals County Attorney: L/ U Management & Budget Daniel 5. McIntyre Originating Dept. Public Works Dir: Finance: (Check for copy only, if applicable) Faye W. Outlaw, MPA County Administrator urchasing: _ County Eng.: Eff. 5/96 7CiNTY O R 1 D A -A INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-1105 DATE: September 3, 2009 SUBJECT: Conveyance of Three Foot (3') Strip of Land to City of Fort Pierce Jetty Park BACKGROUND: Attached to this memorandum is a copy of a letter from Frank Fee III, Esquire, concerning a three foot (3') strip of land owned by the County adjacent to Jetty Park. A map depicting the 3' strip of land is attached. As indicated by Mr. Fee, the County owns the 3' strip of land by virtue of a sale from North Hutchinson Services. The City of Fort Pierce has requested that the County convey the 3' strip to the City. The Board has previously approved exchanging Jetty Park for parcels owned by the City along Virginia Avenue and 23rd Street. Section 125.38, Florida Statutes, authorizes the County to convey or lease property not needed for a County purpose to a municipality for a nominal price. If the County elects to proceed under this Statute, the Board must adopt a resolution setting out the purpose for which the property is to be used and the price to be paid. Attached to this memorandum is a copy of draft Resolution No. 09-271, authorizing the sale of the 3' strip to the City of Fort Pierce for $1.00. RECOMMENDATION/CONCLUSION : Staff recommends that the Board adopt Resolution No. 09-271. ully submitted Daniel S. McIntyre County Attorney , DSM/caf Attachments FRANK H. FEE, III FRANK H. FEE, IV of FEE S FEE, P.L. JOSEPH J. DeROSS, JR. of JOSEPH J. DeROSS, JR., P.A. Writer's E-Mail ffee(�,feed erossfee. com Daniel S. McIntyre, Esquire St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982-5652 FEE, DeROSS & FEE, P.L. ATTORNEYS AT LAVA/ _ 2 M An Affiliation of Professional Associations 500 VIRGINIA AVENUE, SUITE 200 FORT PIERCE, FLORIDA 34982 FRED FEE (I888-1939) FRANK FEE (1913-1983) SINCE 1905 TELEPHONE (772)461-5020 TELECOPIER (772) 468-8461 March 28, 2006 Re: County / City Exchange Jetty Park for Lawnwood Dear Dan: As you are probably aware, the former Days Inn motel property on the inlet has been demolished, and the Easterly one acre of the property conveyed to the City of Fort Pierce to be added to the City's existing ownership adjacent to Jetty Park now owned by the County. At the request of both the County and the City, Treasure Coast Title has issued title insurance commitments for the proposed exchanges of Jetty Park for Lawnwood property owned by the City. The Jetty Park property is described accurately to depict the intended land, but is not a legally satisfactory description for Chicago Title as title insuring underwriter. It is my understanding either the County of the City is doing a survey of this property so it can be better described in the title commitment and deed of conveyance. In addition to the Jetty Park property, the recent City acquisition of the Days Inn property references a three foot strip of land lying immediately West of the East line of Lot 1, Fort Pierce Beach Subdivision as extended up to the inlet ownership of the USA. The three foot strip was acquired in 1992 from North Hutchinson Services at the same time the County acquired its utilities property adjacent to the Sands Condominium Development on the North island. A copy of the deed is enclosed. Parcel H describes the three foot strip. I believe the three foot strip originally contained the water line to the old North Beach Water Company that originally ran under the inlet providing City water to Fort Pierce Shores and other developed areas of North Hutchinson Island. ! .l^. r Daniel S. McIntyre, Esquire August 31, 2009 Page 2 I bring this to your attention as the City is aware of the three foot strip and believes it should be conveyed along with the County's Jetty Park property. It seems to me the County has no further interest in the strip and should want to include it in the Jetty Park exchange description. By copy of this letter, JoAnn Riley is informed of the situation. When you have had opportunity to review please advise if the three foot strip should not be included by description in the exchange title insurance commitment and ultimate County deed to Jetty Park. Thanks. FHF:Ilb Encs. cc: JoAnn Riley Very truly yours, 5�— �� Frank H. Fee, III FEE, DeROSS & FEE, P.L. An Affiliation of Professional Associations h« he 3 -o0 DOUGLAS WON Dx Amm S SL Lu:N C"ty Doi tax s1/20.0 crr c" w,.t rWW $/ar ea, - 0-" ON, 1425-232-0001-000/9 2401-401-0039-000/7 Tax ID Ntmsber& WARRANTY DEED 1188319 THIS NARRANTY DEED made the I& day of u , 1992, HUTCHiNSON SBRVICES, a Florida general partnership, heIIORTH hereinafter called the grantor, to ST. LUCIE COUNTY, Florida, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter called the grantees WrnMSBTHs That the grantor, for and in consideration of the sun of ten dollars ($10.00) and other valuable considera- tions, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confissts unto the grantee, all that certain land situate in St. Lucie County, Florida, via: See attached Exhibit •A• which is incorporat- ed herein by specific reference. TOGeTRBR with all the tenements, he taments and appurte- nances thereto belonging or in anywise a ining. To HAVE AND To NOW, the same in f s forever. AND the grantor hereby covenants as that the grantor is lawfully seised of said land in fee e; that the grantor has good right and lawful authority to 1 and convey said land= that the lands comengf are f from liens and encumbrances; that the grantory warrants the title to said land and will defend the t the lawful claims of all persons whomsoever. IN wITNBSS WMREOF, the said gr s hereunto set its hand and seal the day and ye t itten. Attests (: j rrida HUTCHINSON SBRVICBS, General Partnership, t„Les, 'e4 Ivan S. Novick go, Inc. a General Partner Assistant Secreta Bys Ivan S. Novick Vice President 2905 North All► ;Z7 Port Pierce, Florida 34949 t aly )g.h.\swd.ap GAstt B/18/ 3„0795 FACE2403 sun of FLORIDA ) count of �} ) �Q The fore oin instruaent oyes acknowledged before as this _ TL day of �►� , 1992, by Ivan S. Novick as vice President for M, Inc., a Florida corporation, on behalf of the corporation. Be is personally known to ae or has producadqe_ _ as identification and has not taken an oath. fir Agy c• dQ .f. notary Pumiq MANT.4 S • n� gy Ca�isnio Bspires This Instrument Prepared Sys Robert D. Antista, Inquire, 2540 Blairstone Pines Drive, Tallahassee, Florida 32301. 110795 PJ2404 2ARCEL I COMM LACING at the Northwest corner of Section 25, Township 34 South, Range 40 Bast, St. Lucia County, Florida. Thence South 00004*190 Nest on an assumed bearing along the Nest line of said Section 25 a distance of 1321.00 feet to the North line of Government Lot 2 in said Section 25 and the POINT OF BBGINNING of that certain parcel hereinafter described; thence Borth 89051'29" Bast along the North line of said Government Lot 2 a distance of 251.60 feet to the Westerly right -way line of State Road A-1-A; thence South 1 8'27" Bast a distance of 303.75 feet; thence Son 657,59" East a distance of 355.38 feet; the last nrses form the Westerly right -of -ray line o Stat Road A-1-A; thence South 80°50'40" Nest a of 5.69 feet; thence North 114,131S1" est a a of 94.00 feet; thence North 79°59'22" Nest a ' tance of 170.46 feet; thence No 18"5% 47" at a distance of 272.56 feet; - e h 16029 7- hest a distance of 284.24 fee to t North line of Government Lot 4 in Sect 26, hip 34 South, Range 40 East; thence No °5 9- Bast along the North line of said Gavernme t 4 distance of 43.79 feet to the POINT OF BEG U of Lot in Block 4 f Fort in the ty of Ft. fierce thereof on la in at RecorCda . Styr ir�q a ortheast corner o an nce Pest along the 1, 3 fast; inq f the Bast States ofthrns of Fortrun said East 3 f Pierce Beach Subdivision, according to the platk 4, Page 56, PublicFlorida, ALSO, comment f said Lot 1, Block 4, North line of said Lotthence run North parallel line of Lot 1 to the 1 America, being the Son Pierce inlet; thence h line of the lands of the United States of America, a distance of 3 feet swie or less to a point due North of the Point of Beginning; thence run south to the Point of Beginning. 1188319 72 � 18 P3:26 nhs\nb6.129 OOb.n.• r.r n0795 PA92405 South Jett Park Subject parcel O—mNanp�rnrrn�Prpmlmrn! 0 50 100 Feet September 2009 S « af' F � DISCLAIMER akes no vrorranly. �epre-=ntat�on cU ten es6of n�'e. cwra eremThe reader sheu ld Ndl fpranyreason..St.L.- fkclaimsanyiepresematlnnsaudwa 1, s. fRagon M rnplced n tl finercnantablity rycula BUT St Lua C ty spaP aswme 't Nxyerten Ims. u'n n�na vidMt.garc5ess cfhew sed'w25An} ,f apcn talten M nM t" by any (erspn ny i+rtxmat�areaaa wmanea RESOLUTION NO. 09-271 A RESOLUTION AUTHORIZING THE SALE OF LAND BETWEEN ST. LUCIE COUNTY, FLORIDA AND THE CITY OF FORT PIERCE OF PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA, FOR $1.00; AUTHORIZING THE CHAIRMAN OF THE COUNTY COMMISSION TO EXECUTE DEEDS AND OTHER INSTRUMENTS TO EFFECTUATE SAID SALE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Fort Pierce is the owner of property located adjacent to South Jetty Park and more commonly described as the "Days Inn parcels"; and WHEREAS, St. Lucie County is the owner of a three foot (3') strip of property more particularly described in PART A below, which is not needed for County purposes; and WHEREAS, St. Lucie has clear title to the property described below in PART A and has agreed to convey said property by County Deed, to the City; and WHEREAS, the City of Fort Pierce wishes to purchase the County -owned parcel as described in PART A below, for recreation purposes to assist in the City's proposed development of South Jetty Park; and WHEREAS, the Board of County Commissioners of St. Lucie County has determined that a sale of the property described below in PART A to the City of Fort Pierce serves a valid public purpose for the citizens of St. Lucie County; and WHEREAS, pursuant to Section 125.38, Florida Statutes, the Board of County Commissioners of St. Lucie County is authorized and empowered to sell property described below in PART A to the City of Fort Pierce; and WHEREAS, the Board of County Commissioners of St. Lucie County deems the above described sale of property to be in the best interest of the citizens of St. Lucie County; and WHEREAS, the Board caused the above described sale of property to be agendoed for Board discussion at the Board's regular meeting held on September 15, 2009. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: -1- Section 1: Findings The findings set out above are hereby adopted as findings of the Board. Section 2: Sale Authorized The property described below in PART A shall be sold to the City of Fort Pierce for $1.00. PART A East 3 f eet of Lot 1 in Block 4 of Fort Pierce Beach Subdivision in the City of Ft. Pierce, according to the plat thereof on file in Plat book 4, Page 58, Public Records of St. Lucie County, Florida, ALSO, commencing at the Northeast corner of said Lot 1, Block 4, and run thence West along the North line of said Lot 1, a distance of 3 feet; thence run North paralleling an extension of the East line of Lot 1 to the lands of the United States of America, being the South right of way line of Fort Pierce inlet; thence run Easterly along said South line of the lands of the United States of America, a distance of 3 feet more or less to a point due North of the Point of Beginning; thence run south to the Point of Beginning. The sale is subject to: 1. A reverter clause in the deed from the County and the City requiring that the property in PART A must be used for a public purpose or the property will revert to the prospective Grantor. Section 3: Authority of Chairman of Board of County Commissioners The Chairman of the Board of County Commissioners of St. Lucie County is hereby authorized to execute any and all deeds or other instruments necessary to effectuate the sale authorized by this Resolution. Section 4: Severability In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the resolution shall not be -2- offected and it shall be presumed that the St. Lucie County Board of County Commissioners did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the Board of County Commissioners would have enacted the remainder of this resolution without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. Effective Date This Resolution shall be effective upon adoption by the Board of County Commissioners for St. Lucie County. After motion and second, the vote on this resolution was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Chris Craft XXX Commissioner Doug Coward XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this 15th day of September 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS, BY: -3- County Attorney IL" I IN COt1NTY F L o R I D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Utilities Department ITEM NO. IX DATE: 09/15/2009 REGULAR (X) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) PRESENTED BY: Laurie Waldie Utility Director Approval of Resolution #09-098 adopting the St Lucie County Water & Wastewater Master Plan Update. See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 12, 2006 - BOCC approved the Work Authorization with LBFH, Inc. (later acquired by Boyle and now AECOM Water) for the preparation of an updated Water and Wastewater Master Plan. RECOMMENDATION: Board approval of Resolution #09-098 adopting the St Lucie County Utilities Water & Wastewater Master Plan Update. COMMISSION ACTION: CONCURRENCE: (X) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X) OMB Director ( ) it'l Budget Analyst Dan McIntyre Originating Dept. ( X) a ERD ( ) Laurie Waldie C0" U NTY FLO R 1 DA-44 TO: Board of County Commissioners FROM: Laurie Waldie, Utility Director •�,� DATE: September 15, 2009 Utility Department MEMORANDUM SUBJECT: Approval of Resolution #09-098 adopting the St Lucie County Water & Wastewater Master Plan Update. ITEM NO. IX Background: The first St Lucie County Water & Wastewater Master Plan was completed in November of 1991. Between 1991 and 1999 St Lucie County Utilities (SLCU) acquired the Bryn Mawr and North Hutchinson Island (NHI) water & wastewater utilities; sold the utilities located in Port St Lucie to the City; constructed the 0.5 million gallon a day NHI wastewater plant; put into service the 1.6 million gallon a day wastewater treatment plant located on South Hutchinson Island; and acquired the Holiday Pines Water and Wastewater Utility located in north St Lucie County. An updated Master Plan was completed in 2000 to reflect these changes. Another update to the SLCU Water & Wastewater Master Plan occurred in 2004. St Lucie County subsequently went through a period of increased growth and a new Master Plan study was requested in 2006 to provide updated system information, present future growth projections and recommend the future infrastructure needs of the utility system. While growth has since slowed considerably, the recent Master Plan update assesses the current utility system, and then looking forward, provides the County with an outline of the infrastructure the system will require whenever growth accelerates. Recommended capital improvements are included, however, they will be used as guidelines with the projects addressed on an "as needed" basis depending on customer growth. It is not likely, given the current economic conditions, that the projects noted for completion by 2012 will occur. As the Board's policy is for "growth to pay for growth" developers' contributed capital and utility Connection Fees will be the main funding sources. The Board is asked to adopt the results of the Master Plan study. An executive summary is included in the attached Master Plan Update. Slides that provide a synopsis of the master plan are also provided. Recommendation Board approval of Resolution #09-098 adopting the St Lucie County Utilities Water & Wastewater Master Plan Update. ATTACHMENT A ST. LUCIE COUNTY, FLORIDA FINALIZATION OF WATER, WASTEWATER AND RECLAIMED WATER RATE AND CONNECTION FEE STUDY SCOPE OF SERVICES BACKGROUND Commencing in early 2008, CDM initiated the water, wastewater and reclaimed water rate and connection fee study for the St. Lucie County Water and Sewer District Utilities Enterprise System, comprising the service areas of Lakewood Park/HEW, North County, and North Hutchinson Island. During the remainder of 2008, intensive effort focused on reducing operating costs and other categories of revenue requirements to minimize the required increases in rates. This effort was iterative in nature, and,required many months of analysis and effort. As a result, implementation of the rate increase was deferred until early 2009, and an across-the-board increase was ultimately implemented to provide for revenue sufficiency. Restructuring to achieve consolidation of rates was deferred until this finalization of the rate study. The following is the scope of services to complete this effort. Task 1— Initial Project Meeting The initial task will be a brief meeting with St. Lucie County (County) staff to initiate this rate study finalization project. Task 2 - Data Collection and Review CDM will request, obtain and review recent historical customer data, projected growth data and Fiscal Year 2010 detailed line item revenue and expenditure budget data. Upon receipt of requested data, CDM will review the information and advise the County as to any remaining data needs. Task 3 - Projection of Customer Base and Future Demands Based on growth projections furnished or sanctioned by the County, CDM will project the customer base for each service provided, by existing customer class. CDM will also project potable water demands, billable wastewater flows and reclaimed water demands by customer class. CDM will develop these projections for the Fiscal Years 2009 through 2013. Task 4'— Development and Projection of Revenue Requirements Based on the Fiscal Year operating budget, CDM will classify and project revenue requirements for each service. The following individual revenue components of the revenue requirements will be considered: A-1 a2427.doc ■ Direct operating expenses ■ Indirect operating expense allocations ■ Debt service for outstanding indebtedness, including consideration of the $10 million Note. (Two alternatives will be considered, one with and one without a loan from the General Fund to service the note.) ■ Allowances for renewal and replacement requirements ■ Capital expenditures. (Only capital expenditures fundable from connection fees will be included, with no issuance of any additional debt.) Task 5 - Projection of Operating Revenues at Existing Rates From the projections of growth in customer base and demands from Task 3, CDM will project operating revenues at existing rates, to include the adopted October 1, 2009 five percent rate increase. Projections will be made separately for the water system and the wastewater system. Because the key goal of this finalization study is to unify the disparate rates of the service areas, CDM will select a single, unified rate structure for the water system, the wastewater system and the reclaimed water system to be applied to all customers. CDM will project the revenues from this converged rate structure. Task 6 — Operating Pro Forma Projections Based on the results of the preceding tasks, CDM will project the annual operating revenues, operating expenses, net operating revenues, debt service coverage, other revenue requirements from operations, and annual surpluses/(deficits). Task 7— Prepare Draft Report Upon completion of the preceding tasks, CDM will prepare a draft report setting forth all analyses, findings and recommendations. CDM will provide the County with three copies of the draft report. Task 8 — Participate in Public Workshop Upon completion of the draft report, CDM will prepare for and participate in a public workshop to describe the development of the converged rates and the impacts on the monthly billings of the various customers. Task 9 — Prepare Final Report Upon receipt of comments concerning the draft report, and from the feedback received from the public workshop, CDM will prepare the final project report setting forth all analyses, findings and recommendations. CDM will provide the County with fifteen copies of the final report. Task 10—Attend Meetings and Presentation During the course of the project, CDM will attend meetings with County staff to discuss progress and review the draft report. A total of two meetings including the formal presentation are included in the budget allowance for this study in addition to Tasks 1 and 8. A-2 112427.doc Task 11- Contingency Because some uncertainty exists as to additional meetings, etc. that may be found desirable during the course of the project, CDM is including a budget contingency in the amount of $5,000 to be used only upon the explicit written authorization of the Utilities Director. SCHEDULE CDM will deliver three copies of the draft report to the County for review and comment within two months after receipt of the requested data. CDM will deliver fifteen copies of the final report within four weeks of receipt of comments from the County and the public workshop. OTHER SERVICES NOT INCLUDED IN THIS SCOPE OF SERVICES This work authorization does not include: ■ Review of the Ft. Pierce Utilities Authority bulk rate for water or wastewater ■ Evaluation of alternative rate structures in addition to a converged, unified rate structure. ■ Preparation of the resulting rate ordinance. ■ Statutory notification to rate payers. ■ Manipulation of data received from the BANNER system (assume that format received will be useable by CDM). A-3 i12427.doo EXHIBIT B-1 ST. LUCIE COUNTY, FLORIDA WATER, WASTEWATER AND RECLAIMED WATER RATE AND CONNECTION FEE STUDY PROJECT BUDGET PROJECT DESCRIPTION: Finalization of Water, Wastewater and Reclaimed Water Rate and Connection Fee Study Labor Category Hours Rate Total Officer 1 $180 $ 180 Principal/Associate 56 $155 $ 8,680 Professional11 16 $110 $ 1,760 Professional 0 $ 90 $ - Staff Support Services 24 $ 75 $ 1,800 Project Administration 4 $ 65 260 428 TOTAL LABOR $12,680 OTHER DIRECT COSTS $450 OUTSIDE PROFESSIONALS $0 TOTAL ESTIMATED COST - WITHOUT CONTINGENCY LUMP SUM 1� 3;130 CONTINGENCY - UPPER LIMIT ONLY AS AUTHORIZED 15,000 B-1 jt2427.dx RESOLUTION NO. 09-098 A RESOLUTION ADOPTING THE 2008 ST. LUCIE COUNTY WATER AND WASTEWATER MASTER PLAN UPDATE TO INCLUDE UPDATES TO THE 2004 WATER AND WASTEWATER MASTER PLAN FOR ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The first St. Lucie County Water and Wastewater Master Plan was completed in November, 1991. At that time, St. Lucie County owned and operated the regional water and wastewater utilities serving the City of Port St. Lucie. These utilities had been recently acquired by the County from General Development Utilities. The 1991 Water and Wastewater Master Plan was a comprehensive document that addressed water supply and wastewater management on a county -wide basis. Utility planning was provided for all areas of St. Lucie County that were outside the Fort Pierce Utilities Authority (FPUA) service area, including the City of Port St. Lucie. 2. Between 1991 and 1999, the role of St. Lucie County as a utility service provider changed and expanded. 3. These changes in the utility structure of St. Lucie County rendered much of the 1991 Water and Wastewater Master Plan outdated or irrelevant. In order to address these changes, St. Lucie County Utilities authorized LBFH, Inc. to develop a new (updated) water and wastewater Master Plan. The updated Master Plan (St. Lucie County Utilities Water and Wastewater Master Plan, August 2000) addressed what was then the current status of utilities throughout the county to provide meaningful planning for water and wastewater utilities within the present St. Lucie County Utilities service areas. 4. In February of 2004, another update of the Master Plan was completed. The purpose of that document was to incorporate the findings of the North County Water and Wastewater System Expansion Feasibility Study. into the Master Plan in orderto reflect changes in service areas and water and wastewater facilities. The resulting report was a St. Lucie County Utilities Water and Wastewater Master Plan that was in concurrence with the Expansion Feasibility Study. 5. On June 15, 2004, this Board adopted Ordinance No. 04-023 which created a Special Water and Sewer District within the unincorporated area of St. Lucie County; adopted a Utility District Charter setting forth the purpose of the District; establishing the organization and duties of the District Governing Body; setting forth powers of the District; providing for consistency with the Comprehensive Plan; providing for Severability; and providing for an effective date. 6. Since the 2004 Master Plan Update, significant growth and change has occurred within the St. Lucie County service area. 7. The 2008 St. Lucie County Water and Wastewater Master Plan Update provides current information on St. Lucie County Utilities treatment, distribution, collection, and storage facilities, as well as projections for future growth within St. Lucie County Utilities mainland service area and North and South Hutchinson Island. 8. This Plan Update also includes a Comprehensive Capital Improvement Plan, which details the upgrades, expansions, and improvements to the system that will be necessary to meet the water and wastewater demands of the growing community for the next twenty years. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that this Board does hereby adopt the 2008 St. Lucie County Water and Wastewater Management Plan Update to include updates to the 2004 Water and Wastewater Management Plan. After motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XX Vice -Chair Charles Grande XX Commissioner Chris Dzadovsky XX Commissioner Doug Coward XX Commissioner Chris Craft XX PASSED AND DULY ADOPTED this 15t' day of September, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 9/8/2009 Objectives of the Master Plan Update • Provide information on SLCU's treatment, distribution, collection, and storage facilities • Present projections for future growth within the mainland service areas, as well as North Hutchinson Island • Recommend a comprehensive Capital Improvements Plan for the 5-, 10-, and 20- year planning horizons 9/8/2009 Background of the Master Plan Update • November 1991 — First Water and Wastewater Master Plan completed • August 2000 — updated Master Plan including changes to SLCU utility structure • 2004 — second update to the Master Plan, which incorporated the findings of the North County Water and Wastewater System Expansion Feasibility Study • 2008 — Update to Master Plan, which includes information on significant growth and change that was observed and projected within the SLCU service area 2008 Master Plan Report preparation occurred when St. Lucie County was experiencing normal, then explosive, and recently very little growth and development. Throughout the time period in which the 2008 Master Plan was being prepared, development patterns and projections changed. The County experienced periods of both high and low growth. The 2008 Master Plan is a "living" document, and the recommendations should be reassessed and adjusted frequently to reflect the changing climate of water and wastewater needs in the county. K 9/8/2009 c rw. ees q•a Q:D SLCU Service Areas: FOR- PIERCE:0 • North Hutchinson Island • Mainland Service Areas: • Northern �* �� • Central • Southern .-South Hutchinson Island FORT ST. LUCIE J n ; Population Projections Mainland Service Area Projections Service Area Connected Population 2008 2012 2017 2027 Northern 3,374 15,821 48,968 80,059 Central 0 8,852 20,384 41,962 Southern 0 6,292 18,703 32,508 Existing and Buildout Populations — NHI and SHI Service Area Existing Buildout Population Population North Hutchinson Island 6,580 7,700 South Hutchinson Island 6,000 14,994 3 9/8/2009 Connected Water Demands and Wastewater Flows (mgd) Service Area 2007 2012 2017 2022 2027 Northern Water 0.351 1.740 5.386 7.594 8.806 Wastewater 0.281 1.392 4.309 6.076 7.045 Central Water 0.000 0.974 2.242 3.447 4.616 Wastewater 0.000 0.779 1.794 2.758 3.693 Southern Water 0.000 0.692 2.057 3.094 3.576 Wastewater 0.000 0.554 1.646 2.475 2.861 North Hutchinson Island Water 0.891 0858 0.893 0.928 1.093 Wastewater 0.658 0.686 0.714 0.742 0.770 B.u.d un population growth calculated in 2(N)7 5- to 20-Year Recommended Capital Improvements for Water • 650,000 linear feet of water main • 2.0 mgd regional water treatment plant (Northern) • Two expansions of the Holiday Pines WTP (Northern) • Additional water storage (Northern) • Regional water treatment plant (Southern) • 1.0 mg of potable water storage (Central) • Storage and pumping facilities (NHI) • Interconnect with City of Vero Beach (NHI) • Water main replacement (NHI) 11 9/8/2009 ua.aw •alk vlr- CEmhh L•i•. I / coxwy clrE +T" h +Y^ i`i � LEGE61i � -maw~ 2 ■ u�ua a. a.. n. �., .. E.MM rea T—W 4., � 'yW.fK f-vw >wIW. la rdfl[ knyD 4 L ■ payers f-M' BJM M!s" 1 ni` '-Iw1�Mn/lw � Ml..u.... gcp.r f-Yw aar a.r r y.a �p.n gepw.. H:_Ym run le.n 1 D Sy.bn Y.ara Mitt =V¢w a \ 1 area ?j}--rc7-.>rr------, � Daafa,.nf �1 M Mw .ak .. MIAFe Ya.: Mwa DaMFae Northern Service Area Water System — 5- to 20-Year Improvements ---------------------------------- � --_ '' --- sw+ ono• .a �.._ ;D�> Ell" n....„.I: =.^I^^•d 5-rs »vas. Tr4 i Ro.o.ad 5-aal 5d4 Yaa e �\ O�fpmMsnfa. hpa. _ •ulw.n.+> � 1 \\ � � k `�,�d ® Txu.c+fn>mci•�im�i`�cw.�oer 1 1 Central Service Area Water System — 5- to 20-Year Improvements 5 9/8/2009 i I I Ea.eey Yw.r h.men rW.• J ■ auq s-v.a 9Jy r.r.i j� vxw ic- wRM vow wakr Awesn tnrrar. �rve Ire.2 t 1 lwe�.PN - x uwnlRnM- � 1 I �' �Lr one no,ekr I I I Southern Service Area Water System — 5- to 20-Year Improvements 5- to 20-Year Recommended Capital Improvements for Wastewater • 590,000 linear feet of force main • 2.5 mgd regional wastewater treatment plant (Northern) • Wastewater treatment plant expansion (Northern) • Repump facility (Northern) • Regional wastewater treatment plant (Southern) • Repump facility (Central) • Expansion of wastewater treatment facility (NHI) 0 Expansion of wastewater collection systems (NHI) n. 9/8/2009 L i 9 � E.iaR 'w �ooT ® E.— faan•mr hearrrar. %ort Faca .-war Wn ® RgmM vePv.V Snaeon Pnp^+M Sri Iasaenr+r PRPaaN •0-eq Fewe .4 Prq>a1 10- q Ferce Wt WereaW SMar Yaprm h^.rt y � DpnMp d ProararE� �San+c Mw EanfaeeE pewkprwa (rofen. SL[ 4aaU Wn �_ (wa TaW a-1 M pawxp ar,�'r name rn! wry; y� Y! M 4ea eaawe SerMca 4ao BovrJory Northern Service Area Wastewater System — 5- to 20-Year Improvements ------------------------------- c-u ;.aa �wn.r cmap r ^yyRT �.atM+Ar ru_nL wi ♦ rt' N: w]aM. 1NF WOR Ir,[nTD 11MT ♦ .a' N 1M1l pE P[dia[^ f ewd:6 PllMery:l M M[ RVTP4 anv "afl[n: aa[aa K:a:a[ .s �.vNIEL •�' N TO aK.E ni :.�acm a. •<• N \\ 4 1 1 1 �rrrun n`,a}\ � � ■ E.rrov nr aar..a,rr nwamn.n \ ® E•rT9 aer..Mr inac+me a1n \\y.�15. gepr< ]n-raa Emma Wr aed ,Gila 1 m.as a� ^;^�� `naYar r AaM ;a^rrdYf•hnrA u�vw�r+ri a� (�a4�1- Paaaaaanant yr r a•!n) r r Tranr-. .m �.� \ Wa..n awe wma Bosm1' Central Service Area Wastewater System — 5- to 20-Year Improvements 7 9/8/2009 U „ 1 / � e 1 r I I f _ r I N I © PVoW �W Tiwmw+ Naw re,e,M i( 1 �( I } 1 h+m.l DnbMM 1 1 1 •+mnr I 1 Southern Service Area Wastewater System — 5- to 20-Year Improvements Estimated C I P Costs Estimated Cumulative Costs for Recommended Capital Improvements — Water Service Area 5-year(2012) 1 0-year (2017) 20-year(2027) Northern $52,723,000.00 $91,751,000.00 $101,959,000.00 Central $9,438,000.00 $24,882,000.00 $34,166,000.00 Southern $5,500,000.00 $54,439,000.00 $61,699,000.00 North Hutchinson Island $2,917,000.00 $500,000.00 -- Estimated Cumulative Costs for Recommended Capital Improvements — Wastewater Service Area 5-year (2012) 10-year (2017) 20-year (2027) Northern $32,217,400.00 $63,639,400.00 $63,639,400.00 Central $15,840,000.00 $28,204,000.00 $34,056,000.00 Southern $3,828,000,00 $52,492,000.00 $53,922,000.00 North Hutchinson Island $15,135,000.00 -- -- n