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Home My WebLink AboutAgenda Packet 11-03-2009U N i6ihali nii[if iii tini tliwiill#ilii iiiieii iri initta ttfiin�ii i ii >i ii7� ` , . tl ai 'i1 i`il a t ` ��i i i �� it F i�� r� �i t M4,111 November 3, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 11/03/2009 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed Qrior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. I& November 3, 2009 r 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucle.fl.us www.stlucieco.org 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 October 27, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. There are no proclamations/presentations scheduled for the November 3, 2009 meeting. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 5 B. COUNTY ATTORNEY Parcel I.D. No. 3415-501-0009-010-7 — City of Port St. Lucie — Utility Easement and Temporary Access and Construction Easement Consider staff recommendation to approve the Utility Easement and Temporary Access and Construction Easement in favor of the City of Port St. Lucie, authorize the Chair to execute the Utility Easement and Temporary Access and Construction Easement and direct staff to record the documents in the Public Records of St. Lucie County, Florida. C. PUBLIC WORKS Special Assessment Notice of Intent for 2010 Consider staff recommendation to approve authorization to advertise 31 public hearings to consider use of the uniform method of collection special assessments to be held at the Board's regular day meeting on December 8, 2009, as outlined in the agenda memorandum. C. PUBLIC WORKS CONTINUED 2. Lakewood Park Phase 1 Consider staff recommendation to approve of Change Order No. 2 with American Engineering and Development Corp. in the amount of $58,054 for Lakewood Park Phase 1 canal control structures, and authorization for the Chair to sign contract documents as approved by the County Attorney. 3. Walton Road Widening (US 1 to Village Green Drive) Consider staff recommendation to approve of Change Order No. 1 to the contract with Felix Associates in the amount of $63,429.76 for the Walton Road Widening project (US 1 to Village Green Drive) and authorization for the Chair to sign documents as approved by the County Attorney. D. GRANTS/DISASTER RECOVERY Severe Repetitive Loss Pilot Program — Revised Grant Applications Consider staff recommendation to approve authorization to sign and submit additional required information (Attachments 1-5) to the Florida Department of Emergency Management/Federal Emergency Management Agency. Cultural Affairs Mini -Grant Program Consider staff recommendation to approve to postpone the FY09/10 Cultural Affairs Mini - Grant Program until an Arts and Cultural Alliance community -wide survey and strategic plan are completed. 3. Art in Public Places Contract, Ravenswood Pool Area Murals Consider staff recommendation to approve of a specialist agreement authorizing the artist to implement the proposed Ravenswood pool area murals. Midway Road Widening, 251h Street to Florida Turnpike Bridge — Grant Application Consider staff recommendation to approve authorization to submit an application to the U.S Department of Transportation, Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grants program. E. INVESTMENT FOR THE FUTURE Central Services — Contract to install roof on the Old Courthouse Consider staff recommendation to approve to enter into contract with J.A. Taylor Roofing to remove and install new roofing on the Old Courthouse in the amount of $49,860 and authorize the Chair to sign the documents as approved by the County Attorney. "TRIT001111 Airport West Commerce Park Sanitary Sewer Grant Consider staff recommendation to approve of FDEP Grant No. LP8991 Amendment 2 for the Airport West Commerce Park Sanitary Sewer and authorization for the Chair to sign the document as approved by the County Attorney. F. AIRPORT CONTINUED f 2. Budget Resolution No. 09-307, Florida Department of Transportation (FDOT) Joint Participation Agreement, Stormwater Pollution Prevention Plan (SWPPP) Consider staff recommendation to approve of Budget Resolution No. 09-307 establishing the fund for the FDOT grant for the Stormwater Pollution Prevention Plan Update in the amount of $80,000, with a local match share of $20,000, and authorization for the Chair to sign the document as approved by the County Attorney. 3. Budget Resolution No. 09-308, Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA), Taxiway A and B Rehabilitation Consider staff recommendation to approve of Budget Resolution No. 09-308 establishing the fund for the FDOT grant for the Taxiway A and B Rehabilitation projects in the amount of $71,250, with a local match of $71,250, and authorization for the Chair to sign the document as approved by the County Attorney. G. MOSQUITO CONTROL 1. Acceptance of grant from Florida Inland Navigation District (FIND) Consider staff recommendation to approve to accept the FIND grant. Authorization for the Chair to execute the agreement with FIND, as approved by the County Attorney. 2. Acceptance of grant from National Association of Counties Consider staff recommendation to approve to accept the NACO grant. Authorization for the Chair to execute the agreement with NACO, as approved by the County Attorney. END OF CONSENT AGENDA PUBLIC HEARINGS VII. A. GROWTH MANAGEMENT Annual update to the Comprehensive Plan Capital Improvements Element (CIE) for FY 2009/10-FY 2013/14 Consider staff recommendation to approve adoption of Ordinance 09-029 updating the Capital Improvements Element for FY 2009/10-FY2013/14. B. 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 adoption of Resolution No. 09-066 denying the Preliminary Planned Unit Development for Shinn Road Equestrian Estates, as outlined in the agenda memorandum and attachments. END OF PUBLIC HEARINGS IN Vill. COUNTY ATTORNEY Airport West Commerce Park - Consider Adoption of Proposed Resolution No. 09-304 Waiving Competitive Bid/Proposal Process for Lease with Project Can Do and Approving Proposed Lease Agreement Consider staff recommendation to adopt proposed Resolution No. 09-304, as drafted. IX. ADMINISTRATION PULLED PRIOR TO MEETING'- Legislative Issue Requests Consider staff recommendation to approve authorization to submit five Legislative Issue Requests and one Letter of Support to the St. Lucie County Legislative Delegation, as outlined in the attached memorandum. X. ANNOUNCEMENTS The 241h Annual Muster at the National Navy SEAL Museum will take place November 51h -7tn Events include aerial demonstrations, free open house and more. For more information please visit www.navysealmuseum.com or call (772) 595-5845. The National Navy SEAL Museum is located at 3300 North A1A, North Hutchinson Island - Fort Pierce. The St. Lucie County International Airport will host its annual "Airport Day" on Saturday, November 7, 2009 from 9:00 a.m. to 1:00 p.m. This event is held in conjunction with the 241h Annual Muster at the National Navy SEAL Museum. For more information please call 772-462-1732. 3. "The St. Lucie Transportation Planning Organization (TPO) will host a public workshop for the 2035 St. Lucie -Martin Regional Long Range Transportation Plan Update on Saturday, November 7, 2009, 10:00 am to 3:00 pm, at the Port St. Lucie Civic Center, 9221 SE Civic Center Place, Port St. Lucie. Refreshments will be served. For more information, contact Dana Little at 772-221-4060 or Neelam Fatima at 772462-1593." 4. 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. 5. The Board of County Commissioners will hold the 2009 Strategic Planning Session on Thursday, November 12, 2009 from 8:00 a.m. to 5:00 p.m., Friday, November 13, 2009 from 1:00 p.m. to 4:00 p.m. and Monday, November 16, 2009 from 1:00 p.m. to 4:00 p.m. at the Havert L. Fenn Center in Room B. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 17, 2009 at 9:00 a.m. in the County Commission Chamber. 7. The St. Lucie County Environmental Resources Department and Sustainability Advisory Committee will be holding a "Waste to Wealth" workshop on Nov. 19th from 1:00 p.m. until 4:00 p.m. at the St. Lucie County Commission Chambers, Roger Poitras Annex building, 2300 Virginia Avenue, Fort Pierce. Please call 772-785-5833 or visit www.stlucieco.orq/erd for more information. 8. The St. Lucie County Legislative Delegation will hold its annual delegation meeting on Friday, November 20, 2009 from 9:00 a.m. until 2:00 p.m., at the St. Lucie County Commission Chambers, Roger Poitras Annex Building, 2300 Virginia Avenue, Fort Pierce. There will be a break for lunch. 9. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, November 24, 2009 at 1:30 p.m. in Conference Room #3. X. ANNOUNCEMENTS CONTINUED 10. County offices will be closed on Thursday, November 26, 2009 and Friday, November 27, 2009 to observe Thanksgiving. 11. The Board of County Commissioners will hold the Biannual Joint meeting with the Treasure Coast Education & Research Development Authority on Monday, December 14, 2009 at 1:00 p.m. in Room 219 of the University of Florida / WAS Center located at 2199 S. Rock Road, Fort Pierce, FL 34945 12. County offices will be closed on Thursday, December 24, 2009 and Friday, December 25, 2009 to observe Christmas. 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: October 27, 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, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Marie Gouin, OMB/Purchasing Director, Don West, Public Works Director, Diana Lewis, Airport Director, Jim David, Mosquito Control Director, Beth Ryder, Community Services Director, Mark Satterlee, Growth Management Director, Millie Delgado -Feliciano, Athena Adams, Deputy Clerks INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the October 20, 2009 meeting. It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve the minutes of the meeting held October 20, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 09-298 proclaiming the month of November as "ALZHEIMER'S DISEASE AWARENESS MONTH" in St. Lucie County, Florida Consider staff recommendation to adopt the attached Resolution No. 09-298 as drafted. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 09-298, and; upon roll call, motion carved unanimously. Pastor, Ted Rice was present to accept the proclamation. B. Joseph E. Smith, Clerk of the Circuit Court, presented the Excess Fees to the Board of County Commissioners in the amount of $108,393.49. V. GENERAL PUBLIC COMMENT Major David Littlefield, Civil Air Patrol, addressed the Board regarding their lease at the St. Lucie County International Airport. He addressed the utilities cost and the fact there was discussion regarding installing a separate meter for their establishment. The cost of this meter would be $4,800. He asked the Board to consider not expending the $4,800 and consider their cost for utilities is approximately $1200 per year. Com. Coward stated he would like additional background information on this issue before expending $4,800 and also see if there was a way the county could assist. The Airport Director stated she would provide a report to the Board. VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve the Consent Agenda as amended, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 56 and 4. B. COUNTY ATTORNEY St. Lucie Transportation Planning Organization — Interlocal Agreement for Administrative Support Services The Board approved the proposed Interlocal Agreement with the St. Lucie Transportation Planning Organization for administrative support services, and authorized the Chair to sign the agreement. 2. Donation of Property — Mr. & Mrs. Pransky — Parcel ID 2412-802-0193-000/2 - Re -Plat of Surfside Plaza Unit 1— Resolution 09-305 The Board accepted the Warranty Deed, authorized the Chair to sign Resolution No. 09- 305 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY CONTINUED 3. Amendment of Contract #1940 with the State of Florida Division of Forestry dated June 21,1988 The Board approved the proposed Amendment and authorized the Chair to sign the Amendment. 4. Approve a Second Amended Agreement between St. Lucie County and Satellite Tracking of People, LLC. In lieu of incarceration, this company provides Global Position Satellite (G.P.S.) electronic monitoring technology, enabling the County Pretrial Program to track criminal defendants and offenders via satellite. The Board approved the Second Amendment to the June 22, 2007 Agreement. C. ENVIRONMENTAL RESOURCES Second amendment to JMWA contract The Board approved of the second amendment to contract #C09-01-047 and authorized the Chair to sign documents as approved by County Attorney. 2. Amendment to Building Green Generations, Inc. contract The Board approved the first amendment to contract # C09-03-089 and authorized the Chair to sign documents as approved by County Attorney. D. PUBLIC SAFETY Interlocal Agreement with the Region 5 Domestic Security Task Force for the 700 MHz Digital Radio System. The Board approved the Interlocal Agreement with the Region 5 Domestic Security Task Force for the 700 MHz Digital Radio System and authorized the Chair to sign documents as approved by the County Attorney. E. PUBLIC WORKS 1. Unsafe Structure, 1901 North 41st Street, Ft. Pierce, FL 34947 The Board approved advertising a public hearing to be scheduled for the next available night meeting following four consecutive weeks of advertising. 2. Unsafe Structure, 355 Smallwood Avenue, Ft. Pierce, FL 34982 The Board approved advertising a public hearing to be scheduled for the next available night meeting following four consecutive weeks of advertising. 10/2.1/09 FZABWARR F, J TITLE 001 001181 001184 001188 001191 001430 001436 001501 001503 001504 001505 101 101:002 101003 10l'004 101006 102 102001 107 107001 107002 107003 107006 1 ?05 13u 130101 130204 130207 140 140360 183 183001 183004 183006 189201 310001 316 318 401 418 451 458 461 471 478 479 491 505 General Fund ST. LUCIE COUNT - BOARD WARRANT LIST #56- 19-OCT-2009 TO 21-OCT-2009 FUND SUMMARY FTA Section 5307 Operating & Capita CDBG'07 Section 112/MPO/Fhwa/Planning 2007 FTA Sec 5309 Buses 06/07 Replcmnt & Upgrade E911 Phone Systm INTACT Inspired Network to Achieve CSBG 2008-2M9 Dept of Health and H DHS/CERTComm Emergency Response Tm Dept Homeland -Citizen Corps Program FDCA Emerg. Mgmt Prep & Assist FY09 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev SLC Public Transit MSTU FTA Operating and Capital Assist FDOT - Intermodal Facility Grant FDOT Fized Route Grant Airport Fund FDEP Airport W Commerce Prk Sewer Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFC Hurricane Housing Recovery Pla Impact Fees -Library County Capital County Capital -Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund EXPENSES 267,702.55 80.00 50,095.17 1, 613.43 140.00 1, 019, 393. 06 1,538.33 6,229.56 7,491.64 4,250.00 3, 134.01 215.17 1, 989.20 63,896.23 139.63 18,707.94 1,782.57 3,243.S2 139, 999.29 9, 637.00 27,694.01 253.72' 9,061.60 183.35 145,053.39 44,091.00 70,710.80 43,153.10 43,883.43 17,995.10 8,115.50 186.80 211.45 1,136.38 691.54 311.75 29,172.25 5, 057 . 13 44,636.43 8,457.94 47, 723.15 10,116.71 37,404.89 164, 646.98 20,490.52 96,519.23 733.09 523,616.51 PAGE PAYROLL 3,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 300.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 10/Zl/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST 456- 19-OCT-2009 TO 21-OCT-2009 FUND SUMMARY FUND TITLE EXPENSES 611 Tourist Development Trust-Adv Fund 68.24 625 Law.Library 5,966.62 GRAND TOTAL: 3,008,620.91 PAGE 2 PAYROLL 0.00 0.00 3,300.00 10/23/09 ST. LUCIE COUNTY -BOARD PAGE 1 FZABWARR FUND TITLE WARRANT LIST # 4- 22-OCT-2009 TO 23-OCT-2009 FUND SUMMARY 001 General Fund 001113 CDBG'Supp Disaster Recovery Subgran 001188 Section 112/MPO/Fhwa/Planning 2007 001194 U.S. Dept of Housing & Community 001505 FDCA Emerg. Mgmt Prep & Assist FY09 001821 SFWMD Watershed Centerpiece Exhibit 101 Transportation Trust Fund 101002 Transportation Trust/80% Constitut. 101003 Transportation Trust/Local Option 101004 Transportation Trust/County Fuel Tx 102 Unincorporated Services Fund 102001 Drainage Maintenance MSTU 102809 Paradise Park Phase 2 SFWMD 105 Library Special Grants Fund 107 Fine & Forfeiture Fund 107001 Fine & Forfeiture Fund -Wireless Sur 107002 Fine & Forfeiture Fund-E911 Surchar 107003 Fine & Forfeiture Fund-800 Mhz Oper 107006 F&F Fund -Court Related Technology 140 Airport Fund 140001 Port Fund 140360 FDEP Airport W Commerce Prk Sewer 160 Plan Maintenance RAD Fund 183 Ct Administrator-19th Judicial Cir 215 Sales Tax Revenue Bonds I&S Fund 217 State Revenue Sharing Bonds I&S Fnd 396 Lennard Road 1 - Roadway Capital 401 Sanitary Landfill Fund 418 Golf Course Fund 451 S. Hutchinson Utilities Fund 461 Sports Complex Fund 471 No County Utility District-Operatin 491 Building Code Fund 505 Health Insurance Fund 611 Tourist Development Trust-Adv Fund 301 Bank Fund GRAND TOTAL: 11 EXPENSES PAYROLL 108,897.23 33,200.00 3,240.00 0.00 200.43 0.00 1,458.00 0.00 4,147.60 0.00 7,000.00 0.00 1,617.50 0.00 9,984.20 0.00 3,771.51 0.00 147.86 300.00 924.36 0.00 202.40 0.00 1,443.84 0.00 3,039.58 0.00 94,961.30 0.00 10,884.00 0.00 276.56- 0.00 3,791.53 0.00 1,884.96 0.00 3,669.78 0.00 148.80 0.00 14,774.65 0.00 12,154.90 0.00 3,470.93 0.00 1,000.00 0.00 1,000.00 0.00 594.00 0.00 41,957.91 0.00 10,483.55 0.00 768.14 0.00 4,651.80 0.00 2,296.52 0.00 6,543.35 0.00 70,531.62 0.00 10,- 0.27 ...8.6.__ ............... 0__.00 26, 922.29 0.00 468,315.84 33,500.00 F. COMMUNITY SERVICES 1. Acceptance of Federal Transit Administration (FTA) 5307 FY 2009 Grant The Board approved acceptance of FTA 5307 FL 90-X704 in the amount of $1,469,589, approved Budget Resolution No. 09-289 and sub -grant agreement with Council on Aging of St. Lucie, Inc, and authorized the Chair to sign documents as approved by the County Attorney. Neighborhood Stabilization Program Resolution 09-306 The Board approved Resolution No. 09-306 and authorized the Chair to sign necessary documents as prepared by the County Attorney. 3. Neighborhood Stabilization Program (NSP) Modification The Board approved Modification One to the NSP grant, and authorized the Chair to sign necessary documents as approved by the County Attorney. 4. Bid award for Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation/Replacement Bids Consider staff recommendation to approve the bid awards for one rehabilitation and three replacement housing projects under the St. Lucie County CDBG DRI Grants, and authorization for the Chair to sign documents as approved by the County Attorney. THIS ITEM WAS PULLED PRIOR TO THE MEETING. 5. Acceptance of Outside Agency Contracts The Board approved the outside agency agreements and authorized the Chair to sign documents as approved by the County Attorney. 6. Permission to advertise for after-hours childcare vendor The Board approved advertising for Invitation to Bid for an after-hours childcare program in support of parents being able to gain or maintain employment or attend post secondary education. 7. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Modification The Board approved Modification Six to the CDBG DRI grant, and authorized the Chair to sign necessary documents as approved by the County Attorney. G. SHERIFF'S OFFICE Law Enforcement Impact Fees for budget year 2009 The Board approved the Sheriffs request and transfer of funds in the amount of $436,300. END OF CONSENT AGENDA PUBLIC HEARINGS VII. There are no public hearings scheduled for October 27, 2009. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. ADMINISTRATION Children's Services Council Consider staff recommendation to select three nominees from the seven applicants for submission to the Office of the Governor for consideration for the Children's Services Council's vacancy. Upon tally of the votes, the following nominees were selected by the Board of County Commissioners Chris Hams Candice Loupe Queen S. Townsend IX. SUPERVISOR OF ELECTIONS Funding for Mandate of Voting Equipment Consider staff recommendation to request that support be shown for an extension of the requirement until 2016. It was moved by Com. Coward, seconded by Com. Grande, to approve staff recommendation, and; upon roll call, motion carried unanimously. X. COUNTY ATTORNEY Airport Industrial Park — Lease Agreement with Aero Shade Technologies, Inc. Consider staff recommendation to approve the proposed lease agreement with Aero Shade Technologies, Inc., and authorize the Chair to sign the agreement. The Assistant County Attorney addressed this item and advised the Board in her discussions with Aero Shade Technologies, they as well as EAA had agreed to share access to the taxiway. The Airport Director address the meeting she had with EAA to discuss this issue and stated EAA has some concerns regarding the taxiway. They also discussed alternatives. Com. Coward stated he would like this issue resolved. Mr. Jim Wetzel, President, EAA addressed the Board with his concerns and stated he felt they had not been treated fairly. He questioned the language in the lease agreement where it does not indicate what they would be doing and if they were going to completely rebuild. He stated Aero Shade did not have to do anything but fix what presently exists. He would not have a problem with this issue if they had stated in the lease they would be tearing the structures down and rebuilding from the slab up and felt this should be made part of the lease agreement. He requested the words "rebuild existing" be removed from the document. The Assistant County Attorney advised the Board Aero Shade would not be receiving any incentives for this lease agreement and they have provided a schedule for the phases of construction. Com. Craft stated the primary function of the Airport Industrial Park is to provide jobs and there are guidelines they must follow and he believes they should not place a dollar figure on this issue. The Assistant County Attorney alluded to the default clause in the lease agreement. The Airport Director stated the appraised value was included in the Request for Proposal. She advised the Board the land was also appraised there was no discount given. Mr. Nagg, EAA requested the Board discuss the property line and felt it was important they have assurance they will have the ability to use the property the remainder of their lease. He also questioned why the county had not requested information regarding a business plan and bank information. Mr. Manchek, Aero Shade Technologies, addressed the Board and advised them they had not made the determination as yet if it would be more feasible to knock down the buildings and start over or use the skeletons of the remaining structures. He is in the process of hiring an engineering firm to determine the best way to construct. He also advised the Board he expects to double his sales in the next 12 months and triple their sales in the next 24 months. He advised the Board they would be utilizing on the east side until the building on the west side is completed and then they would move into the new building while the other is being constructed. Com. Dzadovsky stated he would like to see a minimum investment requirement stated in the lease and also add a clause regarding the sharing of the taxiway along with language indicating that there would not be any obstruction i.e. fence placed on the property that would hinder the use for EAA. Com. Craft reiterated his recommendation that a dollar figure should not be placed in this issue. Com. Coward stated he believes there should be terms of capital investments included in order to have a long term commitment so they can be held to it and if they do not full fill their contract the county should have the ability to re -address the use. Com. Grande recommended attaching their letter proposal to the lease as exhibit one. Com. Lewis stated she had not seen the letter which indicated a dollar amount and she would rather use the language in the "Purpose" section of the agreement indicating the phases of construction of the buildings. She does not wish to include a dollar amount. Com. Coward alluded to the problems the county had encountered with past lease agreements and believes they should have a safe guard in place. The Assistant County Attorney recommended adding language before the phase in schedule indicating "an estimated minimum investment as set forth in the "CH. lease proposal attached to and incorporated as exhibit Com. Craft requested staff provide minimum standards and types of buildings and hangers to be built rather than just dollar figures in any future lease agreements and also include language regarding taxiways. Mr. Nagg, EAA provided a diagram of the property indicating the area of concern. He expressed concern where any kind of an obstruction could be utilized such as an automobile. Com. Dzadovsky recommended language be added stating a fence will not be constructed. The Assistant County Attorney stated she would provide the language regarding this issue. Mr. Lee Roman, member of EAA addressed the Board and the jobs he felt would be replaced. He stated there were approximately 125 members presently using the facilities. Mr. Wetzel requested simple language be added stating they would not place anything in the way that would obstruct their use of the area. Mr. Harry Newburn, EAA member addressed the Board and stated the taxpayers needed to be reassured and questioned why Aero Shade was purchasing products off shore and not buying American. Com. Coward reiterated the bid process and the fact this item was competitively bid. It was moved by Com. Grande, seconded by Com. Coward to approve staff recommendation, with the additions of exhibit "C" and reference thereto a condition they not impede the North South Taxiway, and; upon roll call, motion carried unanimously. XI. COUNTY ATTORNEY Contracts for Sale and Purchase — Harmony Heights Stormwater Improvements — Stephanie Butler — Parcel 1431-801-0150-000/2 — Karon Butler — Parcel 1431-801-0149-000/2 Consider staff recommendation to approve the Contracts for Sale and Purchase from Stephanie Butler and Karon Butler, authorize the Chair to sign the Contracts, direct staff to proceed with the closings and record the Warranty Deeds in the Public Records of St. Lucie County. It was moved by Com. Grande, seconded by Com. Coward to approve staff recommendation, and; upon roll call, motion carried unanimously. XII. BOARD OF COUNTY COMMISSIONERS The County Commissioners provided updates on the various Boards/Committees. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court i,fiiitl3iiii#itllfliilii31 November 3, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 11/03/2009 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 prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further, discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting 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. November 3, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org 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 Ap Approve the minutes from the October 27 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. There are no proclamations/presentations scheduled for the November 3, 2009 meeting. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA l y ecR6e0 / h d4zlle /-n 5 A. WARRANTS Approve warrant list No. 5 B. COUNTY ATTORNEY Parcel I.D. No. 3415-501-0009-010-7 — City of Port St. Lucie — Utility Easement and Temporary Access and Construction Easement Consider staff recommendation to approve the Utility Easement and Temporary Access and Construction Easement in favor of the City of Port St. Lucie, authorize the Chair to execute the Utility Easement and Temporary Access and Construction Easement and direct staff to record the documents in the Public Records of St. Lucie County, Florida. C. PUBLIC WORKS Special Assessment Notice of Intent for 2010 Consider staff recommendation to approve authorization to advertise 31 public hearings to consider use of the uniform method of collection special assessments to be held at the Board's regular day meeting on December 8, 2009, as outlined in the agenda memorandum. C FBI E F PUBLIC WORKS CONTINUED 2. Lakewood Park Phase 1 Consider staff recommendation to approve of Change Order No. 2 with American Engineering and Development Corp. in the amount of $58,054 for Lakewood Park Phase 1 canal control structures, and authorization for the Chair to sign contract documents as approved by the County Attomey. Walton Road Widening (US 1 to Village Green Drive) Consider staff recommendation to approve of Change Order No. 1 to the contract with Felix Associates in the amount of $63,429.76 for the Walton Road Widening project (US 1 to Village Green Drive) and authorization for the Chair to sign documents as approved by the County Attorney. GRANTS/DISASTER RECOVERY Severe Repetitive Loss Pilot Program — Revised Grant Applications Consider staff recommendation to approve authorization to sign and submit additional required information (Attachments 1-5) to the Florida Department of Emergency Management/Federal Emergency Management Agency. Cultural Affairs Mini -Grant Program Consider staff recommendation to approve to postpone the FY09/10 Cultural Affairs Mini - Grant Program until an Arts and Cultural Alliance community -wide survey and strategic plan are completed. 3. Art in Public Places Contract, Ravenswood Pool Area Murals .Consider staff recommendation to approve of a specialist agreement authorizing the artist to implement the proposed Ravenswood pool area murals. 4. Midway Road Widening, 25th Street to Florida Turnpike Bridge — Grant Application Consider staff recommendation to approve authorization to submit an application to the U.S Department of Transportation, Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grants program. INVESTMENT FOR THE FUTURE Central Services — Contract to install roof on the Old Courthouse Consider staff recommendation to approve to enter into contract with J.A. Taylor Roofing to remove and install new roofing on the Old Courthouse in the amount of $49,860 and authorize the Chair to sign the documents as approved by the County Attorney. AIRPORT Airport West Commerce Park Sanitary Sewer Grant Consider staff recommendation to approve of FDEP Grant No. LP8991 Amendment 2 for the Airport West Commerce Park Sanitary Sewer and authorization for the Chair to sign the document as approved by the County Attorney. F. AIRPORT CONTINUED r 2. Budget Resolution No. 09-307, Florida Department of Transportation (FDOT) Joint Participation Agreement, Stormwater Pollution Prevention Plan (SWPPP) Consider staff recommendation to approve of Budget Resolution No. 09 307 establishing the fund for the FDOT grant for the Stormwater Pollution Prevention Plan Update in the amount of $80,000, with a local match share of $20,000, and authorization for the Chair to sign the document as approved by the County Attorney. 3. Budget Resolution No. 09-308, Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA), Taxiway A and B Rehabilitation Consider staff recommendation to approve of Budget Resolution No. 09-308 establishing the fund for the FDOT grant for the Taxiway A and B Rehabilitation projects in the amount of $71,250, with a local match of $71,250, and authorization for the Chair to sign the document as approved by the County Attorney. G. MOSQUITO CONTROL 1. Acceptance of grant from Florida Inland Navigation District (FIND) Consider staff recommendation to approve to accept the FIND grant. Authorization for the Chair to execute the agreement with FIND, as approved by the County Attorney. 2. Acceptance of grant from National Association of Counties Consider staff recommendation to approve to accept the NACO grant. Authorization for the Chair to execute the agreement with NACO, as approved by the County Attorney. END OF CONSENT AGENDA PUBLIC HEARINGS VII. A. GROWTH MANAGEMENT Annual update to the Comprehensive Plan Capital Improvements Element (CIE) for FY 2009/10-FY in 2013/14 Consider staff recommendation to approve adoption of Ordinance 09-029 updating the Capital Improvements Element for FY 2009/10-FY2013/14. B. p GROWTH MANAGEMENT 11 �� I �� CGnI,n� �c Cf� �;�QM C C�aS SCt i' CUI Resolution No. 09-066, Prelim/ inary Planned Unit Development for the Shinn Road Equestrian rt'Cr'k d-e Estates project. (File No.: PUD 06-002) Consider staff recommendation to approve adoption of Resolution No. 09-066 denying the Preliminary Planned Unit Development for Shinn Road Equestrian Estates, as outlined in the agenda memorandum and attachments. END OF PUBLIC HEARINGS cowa� — )zcd�0Js�c�-yes �w15 � yes Vlll. COUNTY ATTORNEY Q Airport West Commerce Park - Consider Adoption of Proposed Resolution No. 09-304 Waiving Competitive Bid/Proposal Process for Lease with Project Can Do and Approving Proposed Lease Agreement Consider staff recommendationto adopt proposed Resolution No. 09-304 as drafted. p IX.., ADMINISTRATION `\ Q PULLED PRIOR T0, MEETING - Legislative Issue Requests �� onsider staff recommendation to approve authorization to submit five Legislative Issue Requests and one Letter of Support to the St. Lucie County Legislative Delegation, as outlined in the attached memorandum. X. ANNOUNCEMENTS The 24th Annual Muster at the National Navy SEAL Museum will take place November 5th -7th. Events include aerial demonstrations, free open house and more. For more information please visit www.navysealmuseum.com or call (772) 595-5845. The National Navy SEAL Museum is located at 3300 North Al A, North Hutchinson Island - Fort Pierce. 2. The St. Lucie County International Airport will host its annual "Airport Day" on Saturday, November 7, 2009 from 9:00 a.m. to 1:00 p.m. This event is held in conjunction with the 24th Annual Muster at the National Navy SEAL Museum. For more information please call 772-462-1732. 3. 'The St. Lucie Transportation Planning Organization (TPO) will host a public workshop for the 2035 St. Lucie -Martin Regional Long Range Transportation Plan Update on Saturday, November 7, 2009, 10:00 am to 3:00 pm, at the Port St. Lucie Civic Center, 9221 SE Civic Center Place, Port St. Lucie. Refreshments will be served. For more information, contact Dana Little at 772-221-4060 or Neelam Fatima at 772462-1593." 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. The Board of County Commissioners will hold the 2009 Strategic Planning Session on Thursday, November 12, 2009 from 8:00 a.m. to 5:00 p.m., Friday, November 13, 2009 from 1:00 p.m. to 4:00 p.m. and Monday, November 16, 2009 from 1:00 p.m. to 4:00 p.m. at the Havert L. Fenn Center in Room B. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 17, 2009 at 9:00 a.m. in the County Commission Chamber. The St. Lucie County Environmental Resources Department and Sustainability Advisory Committee will be holding a "Waste to Wealth" workshop on Nov. 19th from 1:00 p.m. until 4:00 p.m. at the St. Lucie County Commission Chambers, Roger Poitras Annex building, 2300 Virginia Avenue, Fort Pierce. Please call 772-785-5833 or visit www.stlucieco.om/erd for more information. 8. The St. Lucie County Legislative Delegation will hold its annual delegation meeting on Friday, November 20, 2009 from 9:00 a.m. until 2:00 p.m., at the St. Lucie County Commission Chambers, Roger Poitras Annex Building, 2300 Virginia Avenue, Fort Pierce. There will be a break for lunch. 9. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, November 24, 2009 at 1:30 p.m. in Conference Room #3. X. ANNOUNCEMENTS CONTINUED t 10. County offices will be closed on Thursday, November 26, 2009 and Friday, November 27, 2009 to observe Thanksgiving. 11. The Board of County Commissioners will hold the Biannual Joint meeting with the Treasure Coast Education & Research Development Authority on Monday, December 14, 2009 at 1:00 p.m. in Room 219 of the University of Florida / IFAS Center located at 2199 S. Rock Road, Fort Pierce, FL 34945 12. County offices will be closed on Thursday, December 24, 2009 and Friday, December 25, 2009 to observe Christmas. 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. CONSENT AGENDA ITEMS a 10/30/09 FZABWARR FUND TITLE 001 001113 001176 001180 001184 001188 001442 001503 001505 001509 001510 001511 101 101002 101003 101004 101006 102 102001 102807 102809 105 107 107001 107002 107006 107153 107157 107205 111 113 114 116 117 119 120 122 123 126 127 128 130 136 138 139 140 140135 140335 ST. LUCIE COUNTY - BOARD WARRANT LIST # 5- 26-OCT-2009 TO 30-OCT-2009 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran FTA Section 5303 F/Y06 US Dept Housing HUD Shelter Plus Gr CDBG 07 Section 112/MPO/Fhwa/Planning 2007 FCTD Planning Grant Agreement DHS/CERTComm Emergency Response Tm FDCA Emerg. Mgmt Prep & Assist FY09 US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU SFWMD Lakewood Park Stormwater Impr Paradise Park Phase 2 SFWMD Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund -Court Related Technology USDOJ Edward Byrne JAG FY07 USDOJ Edward Byrne Mem Justice 2008 Juvenile Justice & Delinquency Prev River Park I Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting SLC Public Transit MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund FAA Security Fencing & Runway 9L/27 Parallel Runway Design-9L/27R EXPENSES 275,162.64 88,850.59 127.03 40.73 11,307.00 701.69 28.43 132.31 8, 187.67 10,832.00 88.56 88.56 14,843.69 39, 397.50 4, 921 .92 13,024.16 11, 632.50 13,830.41 1,083.49 35,133.30 2,841.43 144.50 60,238.67 88.89 88.88 66, 091 . 64 14,695.85 24,666.14 158.85 2,884.58 240.67 1, 141.10 586.96 146.19 905.96 181.63 1, 044. 97 370.14 126.83 382.34 510.98 166.48 1, 787.70 263.00 769.91 3,348.83 190,182.49 10,009.61 PAGE PAYROLL 558,089.76 2,948.82 1, 660.50 532.48 0.00 9,172.54 371.54 0.00 0.00 0.00 1, 157.60 1,157.60 38,780.12 45,944.33 17,040.78 16,490.07 0.00 78,061.67 5,568.97 0.00 7,276.22 0.00 149,365.51 1,122.83 1,122.83 8,736.95 0.00 0.00 2, 076.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,176.18 0.00 0 .00 0.00 14,841.82 0 .00 0.00 1 10/30/09 FZABWARR FUND TITLE ST. LUCIE COUNTY - BOARD WARRANT LIST # 5- 26-OCT-2009 TO 30-OCT-2009 FUND SUMMARY FDOT Upgrade Airport Lights & Signa Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP 2007/2008 FHFA SHIP 2008/2009 Home Consortium FHFC Hurricane Housing Recovery Pla Impact Fees -Library Impact Fees -Parks County Capital County Capital -Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund SLC Art in Public Places Trust Fund Bank Fund EXPENSES 1,518.00 116.52 4, 928.62 1, 847.95 160.00 846.80 1.40 164.09 102.51 2,093.92 315.23 328,885.72 5,070.00 1, 160, 756. 50 31,551.56 15,999.58 14,301.02 40.97 3,289.46 10,799.03 100.71 113.33 2,868.64 502,504.16 1,300.63 153.09 62,000.00 219, 683. 64 PAGE PAYROLL 0.00 1,523.20 3,019.20 3, 009.49 0.00 5, 404 .72 18.46 2,144.80 1,340.00 2,010.00 0.00 0.00 0.00 0.00 58,296.54 20,022.24 3, 468 . 97 535.67 16,714.98 7, 891.41 1,316.90 1,481.03 33,675.31 1, 186.40 2,228.39 2,001.06 0.00 0.00 GRAND TOTAL: 3,284,992.48 1,130,984.09 2 10/30/09 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR VOID LIST# 5- 26-OCT-2009 TO 30-OCT-2009 FUND: 001 - General Fund CHECK INVOICE VENDOR TOTAL 09799971 I1000161 Internal Revenue Service 51.63 FUND TOTAL: 51.63 0 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B1 DATE November 3, 2009 REGULAR[ J PUBLIC HEARING( ] CONSENT [xx] PRESENTED BY: SUBMITTED BY (DEPT.); County Attorney Jo Ann Riley Property Acquisition Manager SUBJECT: Parcel I.D. No. 3415-501-0009-010-7 City of Port St. Lucie Utility Easement and Temporary Access and Construction Easement BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: On June 25, 2002, the Board of County Commissioners conceptual approval of the purchase of the FDOT Parcel No. 100 for Lennard Road Right -of -Way. On October 15, 2002, the Board of County Commissioners approved the purchase of FDOT Parcel No. 100 for Lennard Road Right -of -Way. RECOMMENDATION: Staff recommends that the Board approve the Utility Easement and Temporary Access and Construction Easement in favor of the City of Port St. Lucie, authorize the Chair to execute the Utility Easement and Temporary Access and Construction Easement and direct stoff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [x] County Attorney: Daniel 5. McIntyre [x] Originating Dept: _Jig, - JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [ ] Road and Bridge: [x] County Engineer; Mike Pow [ ] Mosquito Control: [ ] Environmental: 5:\ACQ\WP\JoAnn\FDOT Parcel 100\P5L Easement Agenda Request.wpd Q INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: November 3, 2009 SUBJECT: Parcel I.D. No. 3415-501-0009-010-7 City of Port St. Lucie Utility Easement and Temporary Access and Construction Easement BACKGROUND: On June 25, 2002, the Board of County Commissioners conceptual approval of the purchase of the FDOT Parcel No. 100 for Lennard Road Right -of -Way. On October 15, 2002, the Board of County Commissioners approved the purchase of FDOT Parcel No. 100 for Lennard Road Right -of -Way. The City of Port St. Lucie has requested a Utility Easement and Temporary Access and Construction Easement to loop their recently completed 12" water line on the South side of Easy Street. We have attached the Utility Easement and Temporary Access and Construction Easement along with the sketch and legal descriptions for your review and approval. The County Engineer has no objections to granting the proposed Easement and Temporary Access and Construction Easement. RECOMMENDATION: Staff recommends that the Board approve the Utility Easement and Temporary Access and Construction Easement in favor of the City of Port St. Lucie, authorize the Chair to execute the Utility Easement and Temporary Access and Construction Easement and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, "T� Ann Riley Property Acquisition Manager 5:\ACQ\WP\JoAnn\FDOT Parcel 100\P5L Easement Agenda Memo.wpd LU U) --SUNSHI NE- BLVD LU LU Lu BALDWIN LN WOODS ISLAND cin C) 1� 'LU 774 0 SUNSHINE LVO, Lu� UJ URO IT I rip' A V) L HII CC` JA'l 1 117, -44 4-41 t FYI "M 1 NDRIX I 'EJONYULLON 1p, . . . . . . ..... L' IS14 MA A t/ Prepared by and return to: EASEMENT Port St. Lucie Utility Systems Dept. 900 SE Ogden Lane, Port St. Lucie, FL 34983 PROPERTY APPRAISERS PARCEL ID (FOLIO) NUMBER(S): 3415-501-0009-010-7 Y,powAffWen 6y These Presents, that the undersigned, ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby conveys and grants to the City of Port St. Lucie, Florida, (located at 121 SW Pori St. Lucie Blvd., Port St. Lucie, FL 34982), a municipal corporation under the laws of the State of Florida, the privilege and easement for the installation maintenance, operation, repair, replacement or renewal of their municipal -owned water, sewer, and reclaimed water utilities, in, under, upon, along, over and across the following -described land in St. Lucie County, Florida, to wit: See attached Utility Easement Access to the above strip of land over the adjoining lands of the GRANTORS is hereby granted. The GRANTEE may cut or trim trees, bushes and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of said utilities. Patrolling said easement shall not constitute grounds for a claim for damage. The GRANTORS reserve the use of said strip of land for any use not inconsistent herewith, but no buildings or structures shall be erected or placed on said strip of land by GRANTORS. The rights herein granted may be assigned in whole or in part. The GRANTEE will indemnify and save the GRANTOR harmless from any damages, injuries, losses, claims, demands or costs proximately caused by the sole fault or negligence of the GRANTEE in the installation, maintenance, operation, repair, replacement or renewal of said utilities and the equipment and facilities connected therewith, over and across said strip of land. Provided, however, that regardless of whether any such obligations are based on a tort, contract, statute, strict liability, negligence, product liability or otherwise, the obligations of the CITY OF PORT ST. LUCIE under this indemnification provision shall be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover damages in tort and were subject to Section 768.28, Florida Statutes, as that section existed at the inception of this Contract, and that the maximum amount of indemnity to be paid under this provision, for a single claim or occurrence by any one person, shall not exceed the sum of $100,000.00 for any claim or judgment, or portions thereof, subject to the maximum sum of $200,000.00 as the result of all claims and judgments arising out of the same incident or occurrence. The GRANTOR hereby covenants and warrants that it owns the said land and has the right to grant this easement. In Witness Whereof, the GRANTOR has caused these presents to (Corporate Seal) be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized this day of 2009. ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Grantor DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA SIGNED, SEALED AND DELIVERED IN OUR PRESENCE AS WITNESSES: Witness Signature Paula Lewis, Chair 2300 Virginia Avenue Fort Pierce, Florida 34982 Printed Witness Signature Witness Signature APROVED AS TO FORM AND CORRECTNESS: Printed Witness Signature Daniel S. McIntyre, County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE I hereby certify that on this day before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Paula Lewis known to me to be the Chair, and the Deputy Clerk of the Board of County Commissioners, St. Lucie County, Florida, the entity in whose name the foregoing instrument was executed, and that they acknowledged executing the same for such entity, freely and voluntarily, under authority duly vested in them by said entity, and that the seal affixed thereto is the true department seal of said entity, the I relied upon the following form of identification of the above -named person: Florida Driver's License, and that an oath was not taken. RUBBER STAMP NOTARY SEAL Witness my hand and official Seal in the County and S aforesaid this _ day of , A.D. 2009. Notary Signature s Printed �N EXHIBIT "A" LEGAL DESCRIPTION Being a portion of Lot 7, Block 1 of the plat of MODEL LAND COMPANY SUBDIVISION OF SECTION 15—T 36S R40E, Plat Book 1, Page 41A, Public Records of St. Lucie County, Florida, being more particularly described as follows; Being the West 20.00 feet of that parcel of land referenced in Official Records Book 1713, Page 1805, Public Records of St. Lucie County, Florida, Containing 0.164 acres, more or less. (Right—of—way and Baseline information for U.S. Highway No. 1 was taken from plans prepared by Florida Department of Transporation Right —of —Way Map Section No. 94010-2500 (Sheet 9 OF 31) Jar�i s A _� Fowler Prof ssloln,dl S4`i i� 6r`; nd Ci a}�per Florida Cert'rficatv 43� u OF UTILITY EASEMENT 2 Signature Date Sheet 1 of 2 File: 08-237s&d CULPEPPER & TERPENING, INC ue—slc2.dwg CONSULTING ENGINEERS I LAND SURVEYORS Date: 10-20-2009 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 (T PHONE 772-464-3537 FAX 772-464-9497 Tech: GLM wwwxt-engxom STATE OF FLORIDA CERTIFICA710N Nu. LB 4286 N '0 M M 1i I am LO n 120.0' 120.0' Q LO w� w 0 0 N o�w 00 c� vZ Q U 3 M um a7 w o_ O SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY WEST 20.0' GRAPHIC SCALE 50 0 25 50 (IN FEET I inub - 50 & BLOCK 1, PART OF LOT 7; MODEL LAND COMPANY SUBDIVISION 15-36-40 PLAT BOOK 1, PAGE 41 A ST. LUCIE COUNTY PARCEL ID 3415-501-0009-010-7 OFFICIAL RECORDS BOOK 1713, PAGE 1805, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, O.R.B. = OFFICIAL RECORDS BOOK (D) = DEED BEARINGS SHOWN HEREON ARE ASSUMED AND RELATIVE TO THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 (STATE ROAD 5) HAVING A BEARING OF SOO'17'27"E SOUTH LINE LO Sheet 2 of 2 I I File: 08-237s&d CULPEPPER & TERPENING, INC SKETCH OF DESCRIPTION ue-slc2.dwg Date: 10-20-2009 CONSULTING ENGINEERS I LAND SURVEYORS OF 2980 SOUTH 251h STREET FORT PIERCE, UTILITY EASEMENT Tech: GLM FLORIDA 34981 y„ PHONE 772-464-3537 FAX 772-464-9497 w"v�V.Ct-engxom STATE OF FLORIDA CERTIFICATION N. LB 4286 Prepared by and return to: Port St. Lucie Utility Systems Dept. 900 SE Ogden Lane, Port St. Lucie, FL 34983 PROPERTY APPRAISERS PARCEL ID (FOLIO) NUMBER(S): d1Fi_5n1-on n9-010- KnowAlC9Wen 6y rl�ese Tresents, that the undersigned, EMPORARY ACCESS & CONSTRUCTION EASEMENT ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby conveys and grants to the City of Port St. Lucie, Florida, (located at 121 SW Port St. Lucie Blvd., Port St. Lucie, FL 34982), a municipal corporation under the laws of the State of Florida, the privilege and temporary access and construction easement for the purpose of access to and installation of public utility improvements, in, under, upon, along, over and across the following -described land in St. Lucie County, Florida, to wit: See attached Temporary Access and Construction Easement Premises Access to the above strip of land over the adjoining lands of the GRANTORS is hereby granted. The GRANTEE may cut or trim trees, bushes and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation of said utility improvements. Patrolling said easement shall not constitute grounds for a claim for damage. This Temporary Access and Construction Easement shall expire one year from the date of execution or upon completion of the public utility construction, whichever occurs first. The GRANTEE will indemnify and save the GRANTOR harmless from any damages, injuries, losses, claims, demands or costs proximately caused by the sole fault or negligence of the GRANTEE in the installation, maintenance, operation, repair, replacement or renewal of said utilities and the equipment and facilities connected therewith, over and across said strip of land. Provided, however, that regardless of whether any such obligations are based on a tort, contract, statute, strict liability, negligence, product liability or otherwise, the obligations of the CITY OF PORT ST. LUCIE under this indemnification provision shall be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover damages in tort and were subject to Section 768.28, Florida Statutes, as that section existed at the inception of this Contract, and that the maximum amount of indemnity to be paid under this provision, for a single claim or occurrence by any one person, shall not exceed the sum of $100,000.00 for any claim or judgment, or portions thereof, subject to the maximum sum of $200,000.00 as the result of all claims and judgments arising out of the same incident or occurrence. The GRANTOR hereby covenants and warrants that it owns the said land and has the right to grant this easement (Corporate Seat) CLERK In Witness Whereof, the GRANTOR has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized this day of 2009. ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Grantor SIGNED, SEALED AND DELIVERED IN OUR PRESENCE AS WITNESSES: Witness Signature Printed Witness Signature Witness Signature Printed Witness Signature STATE OF FLORIDA COUNTY OF ST. LUCIE BOARD'OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Paula Lewis, Chair _ 2300 Virginia Avenue Fort Pierce, Florida 34982 APROVED AS TO FORM AND CORRECTNESS: Daniel S. McIntyre, County Attorney I hereby certify that on this day before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Paula Lewis known to me to be the Chair, and the Deputy Clerk of the Board of County Commissioners, St. Lucie County, Florida, the entity in whose name the foregoing instrument was executed, and that they acknowledged executing the same for such entity, freely and voluntarily, under authority duly vested in them by said entity, and that the seal affixed thereto is the true department seal of said entity, the I relied upon the following form of identification of the above -named person: Florida Driver's License, and that an oath was not taken. RUBBER STAMP NOTARY SEAL Witness my hand and otticral seal in the uc aforesaid this _ day of Notary Signature and State last 2009. Printed Signature EXHIBIT "A" LEGAL DESCRIPTION Being a portion of Lot 7, Block 1 of the plot of MODEL LAND COMPANY SUBDIVISION OF SECTION 15—T 36S R40E, Plat Book 1, Page 41A, Public Records of St. Lucie County, Florida, being more particularly described as follows; Being the East 20.00 feet of the West 40.00 feet of that parcel of land referenced in Official Records Book 1713, Page 1805, Public Records of St. Lucie County, Florida, Containing 0.164 acres, more or less. (Right—of-way and Baseline information for U.S. Highway No. 1 was taken from plans prepared by Florida Department of Transporation Right —of —Way Map Section No. 94010-2500 (Sheet 9 OF 31) Ja s Fowler Pr ssiona► PCt",rve_'Rr an,d= Mapper Florida"-C_ertiticof'-'No; . 435 ON OF TEMPORARY ACCESS AND CONSTRUCTION EASEMENT Signature Date Sheet 1 of 2 File: 08-237s&d CULPEPPER & TERPENING, INC tce—slc.dwg CONSULTING ENGINEERS I LAND SURVEYORS Date: 4-20-2009 - 2980 SOUTH 25th STREET j FORT PIERCE, FLORIDA 34981 PHONE 772-464-3537 FAX 772-464-9497 Tech: GLM xvww.ct-eng.com STATE OF FLORIDA CERTIFICATION No. LB 4286 CV t0 to n w io rn M SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY 120.0' z -42 H dX v 120.0' W z J W a WEST 40.00' GRAPHIC SCALE 50 0 25 50 � N Li r O O IN FEET ) 1 inoh 60 tt. V) EAST 20.00' a w BLOCK 1, PART OF LOT 7, MODEL LAND COMPANY SUBDIVISION 15-36-40 w o PLAT BOOK 1, PAGE 41 A o N ST. LUCIE COUNTY PARCEL ID 3415-501-0009-010-7 a U.)a o OFFICIAL RECORDS BOOK 1713, CO o PAGE 1805, Q Ln 3 P,PUBLIC RECORDS OF C6 ST. LUCIE COUNTY, FLORIDA, a 0 O.R.B. =OFFICIAL RECORDS BOOK (D) = DEED BEARINGS SHOWN HEREON ARE ASSUMED AND RELATIVE TO THE EAST RIGHT—OF—WAY LINE OF U.S. HIGHWAY NO. 1 (STATE ROAD 5) HAVING A BEARING OF S00'17'27"E SKETCH OF DESCRIPTION File: 08— tce53C g U Date: 4-20-2009 OF o o TEMPORARY ACCESS AND CONSTRUCTION EASEMENT Tech: GLM 0 L Sheet 2 of 2 CONSULTING ENGINEERS I LAND SURVEYORS 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 PHONE 772-464-3537 FAX 772-464-9497 unvxv.ct-eng.com STATE OF FLORIDA CERTIFICATION No. LB 42B6 0 ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works - Engineering SUBJECT: Special Assessment Notice of Intent for 2010 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101001-4115-549000-400 Advertising VI-C1 11 /03/09 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Barbara Guettler MSBU Assistant PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to advertise 31 public hearings to consider use of the uniform method of collection special assessments to be held at the Board's regular day meeting on December 8, 2009, as outlined in the agenda memorandum. COMMISSION ACTION: (X APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Signatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney ( ) OMB Director Budget Analyst Daniel McIntyre Marie Gouin Originating Dept. ( ) —� W' County Engineer ald West Iffichad Powley k Department Name MEMORANDUM TO: Board of County Commissioners THROUGH: Donald B. West, Public Works Director fW. FROM: Barbara Guettler, MSBU Assistant Engineering DATE: November 3, 2009 SUBJECT: Special Assessment Notice of Intent for 2010 ITEM NO. VI-C1 Backaround: One of the funding methods available for the capital improvements and essential services listed below is through non -ad valorem special assessments levied on specially-benefitted properties within the proposed special assessment districts and collected using the uniform method pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt resolutions expressing its intent to use the uniform method commencing in November, 2010. The resolutions must be considered at a duly advertised public hearing held prior to January 1, 2010. The resolution, which will be provided before the public hearing, does not in any way obligate the County to levy the special assessments; rather, it simply preserves the County's option to use the uniform method of collection if a special assessment is levied. The Board is considering the creation of, or has created, the following special assessment districts: 1. Canoe Creek MSBU - proposed - potable water/fire protection 2. Kings/Indrio MSBU - proposed - roadway widening 3. Lakewood Park 2 MSBU - proposed - potable water/fire protection 4. Lakewood Park 3 MSBU - proposed - flood protection enhancement 5. North Lennard Road 1 MSBU - created 6/6/00 - roadway 6. North Lennard Road 2 MSBU - created 6/6/00 - potable water/fire protection 7. North Lennard Road 3 MSBU - created 6/6/00 - wastewater 8. Rainbow Drive 1 MSBU - proposed - potable water/fire protection 9. Rainbow Drive 2 MSBU - proposed - wastewater 10. River Hammock MSBU - proposed - potable water/fire protection 11. South Hutchinson Island Beach Restoration MSBU - proposed - beach restoration 12. Towns Villages and Countryside - proposed - infrastructure 13. River Park 1 SLD - proposed - street lighting 14. River Park 2 SLD - propsed - street lighting 15. Harmony Heights 1 SLD - proposed - street lighting 16. Harmony Heights 2 SLD - proposed - street lighting 17. Sheraton Plaza SLD - proposed - street lighting 18. Sunland Gardens SLD - proposed - street lighting 19. Sunrise Park SLD - proposed - street lighting November 3, 2009 Item No. VI-Cl Page 2 20. Paradise Park SLD - proposed - street lighting 21. Holiday Pines SLD - proposed - street lighting 22. The Grove SLD - proposed - street lighting 23. Blakely SubdivisionSLD - proposed - street lighting 24. Indian River Estates SLD - proposed - street lighting 25. Queens Cove SLD - proposed - street lighting 26. Palm Grove SLD - proposed - street lighting 27. Southern Oaks Estates SLD - proposed - street lighting 28. Meadowood SLD - proposed - street lighting 29. Palm Lake Gardens SLD - proposed - street lighting 30. Kings Highway Industrial Park SLD - created - street lighting 31. Pine Hollow SLD - created - street lighting Recommendation: Board authorization to advertise 31 public hearings to consider use of the uniform method of collecting special assessments to be held at the Board's regular day meeting on December 8, 2009, as outlined in this agenda memorandum. ITEM NO. VI — C2 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works Administration Lakewood Park Phase 1 See attached memorandum. DATE: 11 /03/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY?rt Donald B. West Public Works Di 102807-3725-563000-425047 SFMWD — Grant for Lakewood Park Storm Water Improvements, Stormwater Management. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Change Order No. 2 with American Engineering and Development Corp. in the amount of $58,054 for Lakewood Park Phase 1 canal control structures, and authorization for the Chair to sign contract documents as approved by the County Attorney. COMMISSION ACTION: (�Q APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coord Mation/Sin natures County Attorney ( ) OMB Director Budget Analyst Daniel McIntyre Marie Gouin Originating Dept. ( ) w ' ERD ( ) Do Id B. West Karen Smith Public Works Administration MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director ' DATE: November 03, 2009 SUBJECT: Lakewood Park Phase 1 ITEM NO. VI — C2 Background: This project involves replacement of the three primary water control structures with adjustable outfalls to provide maximum flexibility for stormwater management under varying conditions. The primary goals of this stormwater improvement project are flood control and groundwater recharge, accomplished by managing canal stages at optimum levels under variable conditions. The construction plans for Lakewood Park Phase 1 were advertised for bids on March 15, 2009 and the contract was awarded to American Engineering and Development Corp. The project was advertised for bids prior to obtaining the permits due to a grant deadline of September 30, 2009. Final permits were obtained on July 24, 2009, after modifications to the drawings were required by the Fort Pierce Farms Water Control District (FPFWCD). Fort Pierce Farms Water Control District was not willing to permit operable gates on the new structures, so the design was approved with fixed weir controls. The Lakewood Park subdivision has strict limitations on allowable discharge that are tied to the original storm water permits that were approved in 1988. FPFWCD had concerns that discharge limitations could easily be exceeded with the installation of operable gates. The County's objective for the Lakewood Park project is to replace the functionally obsolete water control structures with new structures. The ability to raise the gates and store additional water during the dry season is also important. This will provide for groundwater re -charge and will minimize drawdown in the internal lake system of Lakewood Park. After construction commenced, staff continued discussions with the FPFWCD about the operable gates. Operable gates on the new structures are a desirable feature, to provide maximum flexibility for storm water management under variable conditions. The ability to provide pre -storm drawdown of the water in the Lakewood Park canals will maximize storage volume and provide enhanced flood protection during the wet season. FPFWCD has agreed to allow the County to install the desired operable gates. An operations agreement between County and FPFWCD will guarantee that the permit limitations for Lakewood Park will not be violated. November 3, 2009 Item No. VI —C2 Page 2 The Contractor has submitted the attached proposal (Attachment "A") as Change Order No. 2, (Attachment "B") to construct the project with the operable gates at an additional cost of $58,054. Funds are available in the grant to pay for the construction modifications. Previous Action: March 1, 2005 — BOCC approval of Work Authorization #16 with Hazen & Sawyer for design of Lakewood Park Phase 1 Improvements in the amount of $149,190. February 13, 2007 — BOCC approval of grant contract with South Florida Water Management District for Phase 1 construction in the amount of $250,000. April 28, 2009 — BOCC award of construction contract to American Engineering and Development Corp. in the amount of $116,870. August 25, 2009 — BOCC approval of change order no. 1 with American Engineering and Development Corp. in the amount of $16,871. Recommendation: Board approval of Change Order No. 2 with American Engineering and Development Corp. in the amount of $58,054 for Lakewood Park Phase 1 canal control structures, and authorization for the Chair to sign contract documents as approved by the County Attorney. Attachment "A" — Change Order Proposal from American Eng & Dev Corp Attachment "B" — Change Order No. 2 & Spreadsheet (2 Pages) Attachment "B" X Attachment A A l' ex can Engi ewing & AFDC PROJECT NO: 09-831 �.M' De%,Wopment' HCSS No. 831EP02 CoTF30Tation CHANGE ORDER PROPOSAL TO: St. Lucie County Public Works CHANGE ORDER NO. 02 Attn: Don West 7300 Virginia Avenue DATE: September 2, 2009 Fort Pierce, FL 34982-5652 PROJECT: Lakewood Park AEDC Job #: 09-831 The following change order is in response to the conformed set of plans dated July/2009. This change order is exclusive of the additional cost for the added size of the Eastwood and Seminole canal structures as covered in change order proposal #01-111. Please note that Whips is asking for up to 4 weeks for shop drawing preparation and up to 12 weeks for fabrication. Once released to start shops they can give a more accurate time frame. Description Eastwood Canal Price includes Whips Slide Gate, grate revision, additional fill for increase in size of structure, additional Rubble Rip Rap for increase in size of structure, and Labor and Equipment. Seminole Canal Price includes Whips Slide Gate, grate revision, and Labor and Equipment. Bond Premium Ouantity Unit The contract duration for this work will be increased by LS ric Extension $40,204.00 $40,204.00 LS $17,275.00 $17,275.00 Subtotal 1% THE PARTIES HEREBY AGREE to modify the Contract by the herein Change Order, which becomes part of the Contract. All work is to be performed under the terms and conditions of the Contract unless otherwise agreed in writing. Facsimile signatures are binding as originals. ACCEPTED: American Engineering & Development Corp. Don West (ST. Lucie County) By: LIM Name: JJ Kopelakis Name: Title: Proiect Manasaer Title: $ 75 479.00 $575.00 $58,054.00 126 Days AM 858,054.00 O:\Contracts\Job Files\09831 - Lakewood Park Phase I\Change Orders\831-02 (revised plans dated July 2009).doc EXECUTIVE OFFICE • 11765 W. OKEECHOBEE ROAD • HIALEAH GARDENS, FL 33018 (305) 825-9800 • (888) 522-8160 • FAX: (305) 825-9806 WEST PALM BEACH BRANCH 0 15075 CORPORATE RD. NORTH JUPITER, FL 33478 • (561) 242-9770 • FAX: (561) 242-9680 t CHANGE ORDER ST. LUCIE COUNTY PROJECT: Lakewood Park Storm Water System Improvements TO (Contractor): American Engineering & Development Corp 11765 West Okeechobee Rd Hialeah Gardens, FL. 33018 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) SEE ATTACHMENT B —SPREADSHEET Attachment "B" CHANGE ORDER NUMBER: 2 INITIATION DATE: 7/27/09 CONSULTANTS PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: C-09-04-246 CONTRACT DATE: 4/28/09 Theoriginal (Contract Sum) was................................................................................................................................... $116,870 Net change by previous authorized Change orders........................................................................................................ $ 16,871 The (Contract Sum) prior to this Change Order was...................................................................................................... $116,870 The (Contract Sum) will be (increased) bythis Change Order....................................................................................................................................................... $58,054 The new (Contract Sum) including this Change Order will be...................................................................................... $191,795 The Contract Time will be (changed) by..................................................................................................................... ( 126) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 2/27/10 Funds Available: Account Number 102807-3725-563000-425047 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: St. Lucie County Public Works St. Lucie County Public Works Architect/Engineer 2300 Virainia Ave.. Ft. Pierce, FL 34982 2300 Virginia Ave.. Ft. Pierce. FL 34982 Address Address By: Donald B. West, P.E., P/W Dir. Date: By: Donald B. West, P.E., P/W Dir. Date: Agreed To: Authorized: St. Lucie County 2300 Virginia Ave., Ft. Pierce, FL 34982 American Engineering & Development Coro. Approved as to Form and Correctness: Contractor 111765 West Okeechobee Rd., Hialeah Gardens FL 33018 By: County Attorney Date: Address By: John R. Sunderman, VP Date: Page 1 N C a� E a� O L. CL E V1 Ilr t� t}Q E O co a v N O �* � G J Q �O a0 LO N � O O emsco - O � 661 � ti o � � Go�� w. ooco O N co U V r C d E O U U coo d 0 � c otS c�'o aEi CV Wo C C O z Z •� N O — .�N W I U U C V 0 N m a v C9 C9 m N hi c moo_ o v)inIr oa— $� �m N d O I ++ V 2 ; i i U Z Q O O Ln O O N ti a ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works/Engineering Division SUBJECT: Walton Road Widening (US 1 to Village Green Drive) BACKGROUND: See attached memorandum. VI-C3 11 /3109 PUBLIC HEARING { ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Michael Powley, P.Emifin County Engineer TV FUNDS AVAILABLE: County Capital - Transportation Bond 318-4113-563000-464 PREVIOUS ACTION: August 11, 2009 - Awarded bid to Felix Associates in the amount of $4,222,347.65 for construction of the Walton Road Widening project (US 1 to Village Green Drive), awarded Construction Management Services to Culpepper & Terpening, Inc. in the amount of $442,000, and awarded construction materials testing to Dunkelberger Engineering and Testing, Inc. in the amount of $102,550. REOMMENDATION: Board approval of Change Order No. 1 to the contract with Felix Associates in the amount of $63,429.76 for the Walton Road Widening project (US 1 to Village Green Drive) and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ()0 APPROVED ( ) DENIED _ ( ) OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (x) OMB Director (x) ,✓ Budget Analyst Daniel McIntyre a ie Gouin Originating Dept. ( x) w - D ald West Walton Rd. C01 Felkag County Engineer (x) JdP 'i3Nrq Michael Powley \J F Page 1 of 2 .. ........... COUNTYEngineering Division i MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director�, FROM: Michael Powley, County Engineer MVP DATE: November 3, 2009 SUBJECT: Walton Road Widening (US 1 to Village Green Drive) ITEM NO. VI-C3 Background: The County has awarded the construction contract to Felix Associates, and construction is approaching 50% completion. Culpepper & Terpening, Inc. is assisting St. Lucie County with the construction management and with administering the County Local Stimulus provisions. It is necessary to adjust the quantities of our work items to address changes to the plans necessitated by unforeseen conditions or County direction. The attached Change Order No. 1 and spreadsheet (Attachment A) present these items. Adjustment of plan quantities is necessary for proper record keeping and to assure proper payment to the contractor. The unforeseen conditions are related to constructing the underground improvements. Despite our best efforts coordinating very closely with Port St. Lucie Utilities regarding the size and locations of their facilities, modification of our plans is still necessary. This is a frequent occurrence during underground construction. County -directed changes are much different, though they too are generally due to unforeseen conditions. An example is a fence to be constructed along the west side of the new retention pond. The neighbor to the west is an adult assisted -living facility. The manager of this business has requested this fence as a safety measure because some of his patients suffer Alzheimer's disease and dementia. After our fence construction, which will only be constructed on public property, the facility intends to construct a short length of similar fence on its property to connect to ours, thereby securely enclosing their grounds. Likewise, based on the behavior of the motorists crossing in or around our project, it is evident that we need to add additional Variable Message Signs (VMS) to ensure motorists understand how to maneuver our construction site, as well as access the businesses affected. Total cost of these changes, in the amount of $63,429.76, will be paid for with the project contingency. Recommendation: Board approval of Change Order No. 1 to the contract with Felix Associates in the amount of $63,429.76 for the Walton Road Widening project (US 1 to Village Green Drive) and authorization for the Chair to sign documents as approved by the County Attorney. Page 2 of 2 Attachment "A" CHANGE ORDER ST. LUCIE COUNTY PROJECT: WALTON RD. (U.S. #1 TO VILLAGE GREEN DR.) CHANGE ORDER NUMBER: 1 (name, address) TO (Contractor): Felix Associates, LLC 851 SW Darwin Blvd. Port St. Lucie, FL 34953 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A — Yes) SEE ATTACHED EXHIBIT "A" INITIATION DATE: 10/19/09 CONSULTANTS PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: C09-08-335 CONTRACT DATE: 8/11109 Theoriginal (Contract Sum) was........................................................................................................................... $4,222,347.65 Net change by previous authorized Change orders.............................................................................................................. $ -0- The (Contract Sum) prior to this Change Order was............................................................................................. $4,222,347.65 The (Contract Sum) will be increased bythis Change Order................................................................................................................................................. $63,429.76 The new (Contract Sum) including this Change Order will be.............................................................................. $4,285,777.41 The Contract Time will be increased by......................................................................................... (4) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 1/11/10 Funds Available: Account Number 318-4113-563000-464 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: St. Lucie County, Engineering Division Architect/Engineer 2300 Virginia Ave.. Ft. Pierce FL 34982 Address 10/19/09 By: John Frank, P.E., Sr. Project Engr. Date Agreed To: Felix Associates, LLC Contractor 851 SW Darwin Blvd_., Port St. Lucie FL 34953 Address By: Date —1— Approved: Public Works Department St. Lucie County Department 2300 Virginia Ave.. Ft Pierce FL 34982 Address 10/19/09 By: Donald B. West, P.E. P/W Dir. Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By: Date Approved as to Form and Correctness County Attorney iJ Project: Walton Road (US-1 to Village Green Drive) CHANGE ORDER #1 Contractor Felix Notice to Proceed Date: 11-Aug-09 Additional Time: 4 days Complete Date 1/11/2010 Substantial P4"9522-2 SIDEWALK CONC (6" THICK)(DRIVEWAY) SY 548.00 $32.60 $17,W4.80 114 526-1-2A PAVERS SF 261.00 $3.45 $900.45 3 1 A 425-5-1 ADJUST EXISTING MANHOLE RIM AND COVER EA 4.00 $800.00 $3,200.00 147 1050-11-224 12" PVC WATER MAIN (F&I) LF -252.00 $27.40 ($6,904.80) 148 1050-11-224 12" PVC WATER MAIN RJ (F&I) LF 349.00 $31.90 $11,133.10 145 1050-11-224 10" PVC FORCE MAIN (F&I) LF -22.00 $27.00 ($594.00) 146 1050-11-224 10" PVC FORCE MAIN RJ (F&I) LF 22.00 $83.00 $1,826.00 151 1050-11-425 24" DIP WATER MAIN RJ (F&I) LF 20.00 $170.00 $3,400.00 152 1050-15-004 LOWERING OF EXISTING 12' HPDE/PVC FORCE MAIN LF 50.00 $109.00 $5,450.00 153 1050-16-004 REMOVE AND DISPOSE OF 8" PVC WATER MAIN LF 79.00 $5.30 $418.70 154 1050-1&004 REMOVE AND DISPOSE OF 8" PVC FORCE MAIN LF 15.00 $5.30 $79.50 156 1050-16-004 REMOVE AND DISPOSE OF 10" AC FORCE MAIN LF 37.00 $5.30 $196.10 157 1050-16-004 REMOVE AND DISPOSE OF 12" PVC WATER MAIN LF 213.00 $5.30 $1,128.90 1 57A 1050-16-004 REMOVE AND DISPOSE OF 12" PVC FORCE MAIN LF 19.00 $5.30 $100.70 159 1050-16-005 REMOVE AND DISPOSE OF 24" PVC WATER MAIN LF 30.00 $5.30 $159.00 160 1050-16-005 REMOVE AND DISPOSE OF 20-24" STEEL CASING LF 63.00 $5.30 $333.90 162 1055-11-414 10" 45-DEGREE BEND (F&I) EA 4.00 $467.001 $1,868.00 163 1055-11-414 12" 45-DEGREE BEND (F&I) EA 7.00 $478.00 $3,346.00 164 1055-11-414 10" 90-DEGREE BEND (F&I) EA -4.00 $450.00 ($1,800.00) 168A 1055-11-424 12" TEE EA 2.00 $740.00 $1,480.00 171 1055-114" 10" SOLID SLEEVE (F&I) EA 1.00 $830.00 $830.00 172 1055-11-444 12" SOLID SLEEVE (F&I) EA 1.00 $1,067.00 $1.067.00 175 1055-15 ADJUST EXISTING VALVE BOX EA 4.00 $240.00 $960.00 175A 1080-210 RELOCATE 2" DOUBLE WATER SERVICE EA 1.00 $2,084.00 $2,084.00 i;OR 5 SLAB AT S-10 LS 1 1.00 $355.00 $355.00 C:OR 8 THRUST BLOCK CONFLICT AT 72" RCP LS 1.00 $1,842.91 $1,842.91 C OR 10 FENCE 4' VINYL CLIP LF 310.00 16.75 $5,192.50 COR 12 VARIABLE MESSAGE BOARDS DV 270.00 $23.10 $6,237.00 CnR 13A VARIABLE MESSAGE BOARDS - Set-up,Relocate, Remove EA 15.00 $8&00 $1,275.00 TOTAL i63,4Ze./0 -2- t ITEM NO. VI-D1 DATE: 11/3/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Roberta Breene SUBMITTED BY: Grants/Disaster Recovery Department Grants/Resource Developer SUBJECT: Severe Repetitive Loss Pilot Program — Revised Grant Applications BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 21, 2009 — BOCC approval to withdraw and re -submit three applications. May 13, 2008 — BOCC approval to submit eight applications. RECOMMENDATION: Board authorization to sign and submit additional required information (Attachments 1-5) to the Florida Department of Emergency Management/Federal Emergency Management Agency. COMMISSION ACTION: (xj APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Si natures County Attorney W OMB Director W i Daniel McIntyre Budget Analyst W Originating Dept. W Central Services W Director illi m Hoeffner Environmental W Resources Director x' y , 04- Marie Gouin �A�11 a onna Johnson 9L14-- Roger Shinn (Z:�� - Smith Grants/Disaster Recovery MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner el Grants/Disaster Recovery Director FROM: Roberta Breene Grants/Resource Developer DATE: November 3, 2009 SUBJECT: Severe Repetitive Loss Pilot Program — Revised Grant Applications ITEM NO. VI-D1 Background: The Severe Repetitive Loss (SRL) Pilot Program provides funding to reduce or eliminate the long- term risk of flood damage to severe repetitive loss structures insured under the National Flood Insurance Program (NFIP). Under various conditions and qualifications, the program will elevate the structure; acquire and relocate or demolish; or reconstruct on -site. If the property is acquired, it must remain as open space in perpetuity. Three of the seven participating properties will be mitigated through acquisition, three through elevation and one though reconstruction. FEMA will provide 90% of the cost. The homeowner will be responsible for 10%. The three properties to be acquired are on private roads. In addition to location -specific Deed Recitals (Attachment 1), the required FEMA Model Deed Restriction Language (Attachment 2) will be used. The Environmental Resource Department will oversee the open space. Acquisition requires that both the property owner and St. Lucie County sign: (1) a Statement of Voluntary Participation for Acquisition of Property for Purpose of Open Space (Attachment 3, A, B, C); (2) a Statement of Assurances (Attachment 4); and (3) a Model Consultation Agreement (Attachment 5). The Model Consultation Agreement also will be used with the three elevation and one reconstruction projects. Funds Available: No County cash funds would be required. However the County would provide project management and fiscal oversight managing the elevation, reconstruction, or acquisition and demolition of these structures. FEMA will provide 5% or the total project cost as management and oversight reimbursement to the County. Recommendation: Board authorization to sign and submit additional required information (Attachments 1- 5) to the Florida Department of Emergency Management/Federal Emergency Management Agency. Attachment 1 Severe Repetitive Loss Pilot Program St. Lucie County Board of County Commissioners Deed Recitals October 13, 2009 Below are two proposed deed recitals relating to the private road access affecting the three properties pursuing acquisition mitigation under the Severe Repetitive Loss Program. The first is to be used for any lot or all lots fronting on Wild Orchid Lane, a private road easement connected to Hatcher Street, and the second is to be used for any lot or lots fronting on Isola Bella Drive. These recitals are to be used in addition to the FEMA Model Deed Restriction language. 1. The hereinabove described land is conveyed SUBJECT TO AND TOGETHER WITH a non-exclusive, private easement for ingress and egress in favor of the authorized agents of Grantee only, over and upon Wild Orchid Lane as described in Easement Deed dated April 12, 1979, recorded in O. R. Book 307 at page 2139. No public access is conveyed by this Deed and the private easement is governed by a Road Maintenance Agreement dated August 6, 2001, recorded in O. R. Book 1425 at page 1121, each recording reference being as to the Public Records of St. Lucie County, Florida. 2. The hereinabove described land is conveyed SUBJECT TO AND TOGETHER WITH a non-exclusive private easement for ingress and egress in favor of the authorized agents of Grantee only, over and upon Isola Bella Drive, the described private easement appearing in that certain Corrective Easement Affidavit made by Alfred Savinelli, President of Isola Bella, Inc., a Florida corporation, dated November 26, 1973, recorded in O. R. Book 221 at page 2499 of the Public Records of St. Lucie County, Florida. No public access is conveyed by this Deed, and the private easement conveyed hereby is subject only to the use of the owners of residential lots in the unrecorded Plat of Isola Bella. SRL Rev Working_Deed Recitals and Restriction Language rab 10/20/2009 4:22 PM Attachment 2 Severe Repetitive Loss Pilot Program St. Lucie County Board of County Commissioners FEMA Model Deed Restriction October 13, 2009 In reference to the property or properties ("Property") conveyed by the Deed between [property owner] participating in the federally -assisted acquisition project ("the Grantor") and St. Lucie County, ("the Grantee"), its successors and assigns: WHEREAS, the Severe Repetitive Loss Pilot Program ("SRL" ), as authorized under Sections 1361(A) of the National Flood Insurance Act of 1968 (NFIA, or "the Act"), 42 USC 4011 et seq., as amended by the National Flood Insurance Reform Act of 1994 (NFIRA); Public Law 103-325, and the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004, Public Law 108- 264, identifies the use of SRL funds for uses that reduce flood damages to properties insured under the National Flood Insurance Program ("NFIP"); WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; Whereas, the State of Florida, Division of Emergency Management has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency (TEMA") and has entered into a mitigation grant program Grant Agreement dated [date] with FEMA and herein incorporated by reference; making it a mitigation grant program grantee. Whereas, the Property is located in St. Lucie County and St. Lucie County participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; Whereas, St. Lucie County, acting by and through the St. Lucie County Board of County Commissioners, has applied for and been awarded federal funds pursuant to an agreement with the State of Florida, Division of Emergency Management dated [date] ("State -Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; Now, therefore, the grant is made subject to the following terms and conditions: SRL Rev Working_Deed Recitals and Restriction Language rab 10/20/2009 4:22 PM 1. Terms. Pursuant to the terms of the Severe Repetitive Loss Pilot Program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: i. A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii. A public rest room; or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d. Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this SRL Rev Working_Deed Recitals and Restriction Language rab 10/20/2009 4:22 PM section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does not include authority to control and enforce the terms and conditions of this section. iii. If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the State or Tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years on [date], the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60-day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. SRL Rev Working_Deed Recitals and Restriction Language rab 10/20/2009 4:22 PM ii. FEMA, its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. This agreement may be amended upon signatures of FEMA, the State, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. [Signed by Grantor(s) and Grantee, witnesses and notarization in accordance with local law.] Grantor's Signature Date Name (printed or typed) Grantee's Signature Date Grantee's Name Grantee's Title SRL Rev Working_Deed Recitals and Restriction Language rab 10/20/2009 4:22 PM O.M.B. No. 1660-0103 Expires August 31, 2011 DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY Statement of Voluntary Participation for Attachment 3A Acquisition of Property for Purpose of Open Space FEMA's Hazard Mitigation Assistance Programs THIS AGREEMENT is made and entered into this on (date) , by and between (name of Sub grantee) St. Lucie Co. Board of County Commissioners , hereinafter referred to as "Subgrantee," and (property owner) Gloria H. Thompson aka Gloria Hidalgo , hereinafter referred to as "Seller." The parties agree as follows: 1. Seller affirms that I/we own the property located at (legal address) 2502 Isola Bella Drive, Fort Pierce, FL 34981 hereinafter referred to as "property." 2. Subgrantee has notified Seller that the Subgrantee may wish to purchase the referenced property, and, if Seller agrees to sell, Seller must permanently relocate from property. 3. Subgrantee has identified that the purchase offer valuation of the property as of (date) Aug. 17, 2008 is $ 340,000 , as determined by appropriate valuation procedures implemented by Subgrantee and based on FEMA acquisition requirements provided in 44 C.F.R. Part 80, and relevant program guidance as documented below (e.g., Pre -Disaster Mitigation, Hazard Mitigation Grant Program, Flood Mitigation Assistance). FY 2009 Severe Repetitive Loss (Pre -Event Fair Market Valta 4. Subgrantee has notified the Seller that neither the State nor the Local Government will use its eminent domain authority to acquire the property for open -space purpose if the Seller chooses not to participate, or if negotiations fail. 5. Subgrantee has notified Seller that if the Seller agrees to sell the property to the Subgrantee the transaction is voluntary and the Seller is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, which are available to property owners who must sell their properties involuntarily. 6. Subgrantee affirms that it has provided the notifications and explained the information described in the preceding paragraphs to the seller, and property identified above is not a part of an intended, planned, or designated project area where all or substantially all of the property within the area is to be acquired within specific time limits. 7. This Agreement shall expire on (date of closing) December 31, 2009 Property to the Sub grantee by that date. Property Owner Signature Property Owner Signature u grantee's Authorized Agent Signature , unless Seller has voluntarily sold PAPERWORK BURDEN DISCLOSURE NOTICE Date Public reporting burden for Property Owners Voluntary Participation Statement is estimated to average 1 hour per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data and completing and submitting the form. You are not required to respond to this collection of information unless it displays a valid OMB control number. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC, 20472, and Paperwork Reduction Project (1660-0103). Note: Do not send your completed form to this address. FEMA Form 81-112, OCT 08 O.M.B. No. 1660-0103 Expires August 31, 2011 DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY Attachment 3 B Statement of Voluntary Participation for Acquisition of Property for Purpose of Open Space FEMA's Hazard Mitigation Assistance Programs THIS AGREEMENT is made and entered into this on (date) , by and between (name of Sub grantee) St. Lucie Co. Board of County Commissioners , hereinafter referred to as "Subgrantee," and (property owner) Lorraine C. Holmes hereinafter referred to as "Seller." The parties agree as follows: 1. Seller affirms that I/we own the property located at (legal address) 3768 Wild Orchid Lane, Fort Pierce, FL 34981 , hereinafter referred to as "property." 2. Subgrantee has notified Seller that the Subgrantee may wish to purchase the referenced property, and, if Seller agrees to sell, Seller must permanently relocate from property. 3. Subgrantee has identified that the purchase offer valuation of the property as of (date) Aug. 17, 2008 is $ 205,000.00 , as determined by appropriate valuation procedures implemented by Subgrantee and based on FEMA acquisition requirements provided in 44 C.F.R. Part 80, and relevant program guidance as documented below (e.g., Pre -Disaster Mitigation, Hazard Mitigation Grant Program, Flood Mitigation Assistance). FY 2009 Severe Repetitive Loss (Pre -Event Market Value) 4. Subgrantee has notified the Seller that neither the State nor the Local Government will use its eminent domain authority to acquire the property for open -space purpose if the Seller chooses not to participate, or if negotiations fail. 5. Subgrantee has notified Seller that if the Seller agrees to sell the property to the Subgrantee the transaction is voluntary and the Seller is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, which are available to property owners who must sell their properties involuntarily. 6. Subgrantee affirms that it has provided the notifications and explained the information described in the preceding paragraphs to the seller, and property identified above is not a part of an intended, planned, or designated project area where all or substantially all of the property within the area is to be acquired within specific time limits. 7. This Agreement shall expire on (date of closing) December 31, 2009 Property to the Sub grantee by that date. Property Owner Signature Property Owner Signature Su grantee's Authorized Agent ignature , unless Seller has voluntarily sold PAPERWORK BURDEN DISCLOSURE NOTICE Date Public reporting burden for Property Owners Voluntary Participation Statement is estimated to average 1 hour per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data and completing and submitting the form. You are not required to respond to this collection of information unless it displays a valid OMB control number. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC, 20472, and Paperwork Reduction Project (1660-0103). Note: Do not send your completed form to this address. FEMA Form 81-112, OCT 08 O.M.B. No. 1660-0103 Expires August 31, 2011 DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY Attachment 3 C Statement of Voluntary Participation for Acquisition of Property for Purpose of Open Space FEMA's Hazard Mitigation Assistance Programs THIS AGREEMENT is made and entered into this on (date) , by and between (name of Sub grantee) St. Lucie Co. Board of County Commissioners , hereinafter referred to as "Subgrantee," and (property owner) William E. Shultz and Caroline J. Shultz , hereinafter referred to as "Seller." The parties agree as follows: 1. Seller affirms that I/we own the property located at (legal address) 3768 Wild Orchid Lane, Fort Pierce, FL 34981 , hereinafter referred to as "property." 2. Subgrantee has notified Seller that the Subgrantee may wish to purchase the referenced property, and, if Seller agrees to sell, Seller must permanently relocate from property. 3. Subgrantee has identified that the purchase offer valuation of the property as of (date) Aug. 17, 2008 is $ 265,000.00 , as determined by appropriate valuation procedures implemented by Subgrantee and based on FEMA acquisition requirements provided in 44 C.F.R. Part 80, and relevant program guidance as documented below (e.g., Pre -Disaster Mitigation, Hazard Mitigation Grant Program, Flood Mitigation Assistance). FY 2009 Severe Repetitive Loss (Pre -Event Fair Market Valid 4. Subgrantee has notified the Seller that neither the State nor the Local Government will use its eminent domain authority to acquire the property for open -space purpose if the Seller chooses not to participate, or if negotiations fail. 5. Subgrantee has notified Seller that if the Seller agrees to sell the property to the Subgrantee the transaction is voluntary and the Seller is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, which are available to property owners who must sell their properties involuntarily. 6. Subgrantee affirms that it has provided the notifications and explained the information described in the preceding paragraphs to the seller, and property identified above is not a part of an intended, planned, or designated project area where all or substantially all of the property within the area is to be acquired within specific time limits. 7. This Agreement shall expire on (date of closing) December 31, 2009 Property to the Sub grantee by that date. Property Owner Signature Property Owner Signature Subgrantee's Authorized Agent Signature , unless Seller has voluntarily sold PAPERWORK BURDEN DISCLOSURE NOTICE Date Public reporting burden for Property Owners Voluntary Participation Statement is estimated to average 1 hour per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data and completing and submitting the form. You are not required to respond to this collection of information unless it displays a valid OMB control number. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC, 20472, and Paperwork Reduction Project (1660-0103). Note: Do not send your completed form to this address. FEMA Form 81-112, OCT 08 Attachment 4 Severe Repetitive Loss Program St. Lucie County Board of County Commissioners Statement of Assurances Sub -Applicant: St. Lucie County Board of County Commissioners State: Florida As the duly authorized representative of the sub -applicant, I certify that the sub -applicant: 1. Will ensure that participation by property owners is voluntary. The prospective participants have been informed in writing that participation in the program is voluntary, and that the Sub -applicant will not use its eminent domain authority to acquire their property for the project purposes should negotiations fail; 2. Will ensure that each property owner will be informed, in writing, of what the Sub -applicant considers to be the fair market value of the property. The Sub -applicant will use the Model Statement of Voluntary Participation to document this and will provide a copy for each property owner after award; 3. Will accept all of the requirements of the FEMA grant and the deed restrictions governing the use of the land, as restricted in perpetuity to open -space uses. The Sub -applicant will apply and record a deed restriction on each property in accordance with the language in the FEMA Model Deed Restriction. The community will seek FEMA approval for any changes in language differing from the Model Deed Restriction; 4. Will ensure that land will be unavailable for the construction of flood damage reduction levees and other incompatible purposes, and is not part of an intended, planned, or designated project area for which land is to be acquired by a certain date; 5. Will demonstrate that it has consulted with the US Army Corp of Engineers regarding the subject land's potential future use for the construction of a levee system, and will reject future consideration of such use if it accepts FEMA assistance to convert the property to permanent open -space; 6. Will demonstrate that it has coordinated with its State Department of Transportation to ensure that no future, planned improvements or enhancements to the Federal aid systems are under consideration that will affect the subject property; 7. Will remove existing structures within 90 days of settlements; 8. Post grant award will ensure that a property interest is conveyed only with prior approval of the FEMA Regional Director and only to another public entity or to a qualified conservation organization pursuant to 26 CFR 1.170A-14; 9. Will submit every three years to the Grantee, who will then submit to FEMA Regional Director, a report certifying that it has inspected the subject property within the month preceding the report and that the property continues to be maintained consistent with the provisions of the grant. If the subject property is not maintained according to the terms of the grants, the Grantee and FEMA, its representatives, designated authorities, and assigns are responsible for taking measures to bring the property back into compliance; and 10. Will not seek or accept the provision of, after settlement, disaster assistance for any purpose from any Federal entity with respect to the property, and FEMA will not distribute flood insurance benefits for that property for claims related to damage occurring after the date of the property settlement. As the duly authorized representative of the applicant, I hereby verify that the applicant will comply with the identified assurances and certifications. Paula A Lewis Chair St. Lucie County Board of County Commissioners Type Name of Authorized Agent, Title Signature Date Attachment 5 Severe Repetitive Loss (SRL) Pilot Program Model Consultation Agreement [Information required to complete the Model Consultation agreement can be found in the Hazard Mitigation Assistance program guidance] Applicant [State/Territory/Tribe]: Subapplicant [State -level agency/local government (i.e. City/County)/Indian tribal government] : Property Owner(s): Property Address: NFIP Policy Number: Repetitive Loss Number: This Model Consultation Agreement documents the consultation process and interaction between you and the local government. The consultation process may involve an initial meeting and follow-up meetings as necessary to complete the consultation process. Meeting dates shall be documented and initialed by you and the [State and/or City/County] on the last page of this form. The SRL property owner(s) acknowledge(s) being informed and notified by the [State and/or City /County] that: 1. The SRL program is a voluntary program. The Applicant or Sub -applicant will not use its power of eminent domain to acquire the property during or after negotiations, and the property is not part of an intended, planned, or designated project area for which the land is to be acquired by a certain date, and/or where there is an intention to use the property for any public or private future use inconsistent with the open space deed restrictions and FEMA acquisition requirements. This agreement may be used instead of the Notice of Voluntary Interest Statement. 2. Your property appears on the FEMA SRL Property List, and [State and/or City/County] may include your property in an application for mitigation assistance from FEMA under the SRL program. The [State and/or City/County] has provided you with specific National Flood Insurance Program (NFIP) claims information, which may include losses that occurred prior to your ownership of the property in order to explain their inclusion on the SRL list. This information is available from the FEMA Regional Office or State NFIP coordinator. Contact information is attached for your convenience. 4. For acquisition projects, you must maintain an NFIP insurance policy on your SRL structure from the time of application until property transfer is complete, in order to qualify for assistance. For all mitigation activities except for the sale of your property, an NFIP policy must be maintained for the life of the property. 5. For an acquisition, the [State and/or City/County] will obtain a copy of the original deed and any deeds of trust for the property from you. This information will be verified through a title search, which will identify names and addresses of other persons, financial institutions, and/or other public or private entities with a recorded interest on the property. 6. FEMA funds cannot duplicate amounts available to you from other sources. You need to identify any other sources of funds that may reasonably be available to you for the mitigation activity, to compensate in whole or part for the value of the property, or to address any property damage, such as applicable insurance policies, other assistance, legal claims or third party legal obligations. If such amounts become available to you even after the mitigation offer is made (e.g. after the property is acquired, elevated, reconstructed, and flood proofed) the amounts you received from FEMA are still considered a duplication of benefits, and you must inform the [State and/or City/County] and repay such duplicated amounts. If a duplication in benefits has been identified, please list the source and amount of duplication here: 7. The [State and/or City/County] official has discussed the project types available to you and your preferences were: S. The [State and/or City/County] will decide on the properties and project activity types that will be submitted in their application. The [State and/or City/County] will decide whether to include your property in an application, and will decide the project activity type that will be offered to you should grant funds be awarded for this project. The [State and/or City/County] decision is based on a combination of factors including your preferences, cost effectiveness, technical feasibility, and the State and local government legal, land -use, and contractual requirements. 9. The [State and/or City/County] will make a formal offer to you only if SRL program funds are awarded for this project. 10. For propeLty acquisition, in accordance with 44 CFR 80.15(c) and program guidance, the [State and/or City/County] will identify the highest estimated purchase offer amount available to the property owner. This estimate includes estimated property value; any anticipated additions (e.g. supplemental housing payments) and deductions (duplicated benefits or costs borne by you); and the methodology used to determine the property value (i.e. current market value, pre -event market value, outstanding loans, original purchase price). Estimated Property Value: 2 Methodology used to determine property value (current market value, pre -event market value, outstanding loans, or original purchase price): Estimated Additions: Estimated Deductions: Estimated Total Purchase offer amount: Estimated Federal / non -Federal Cost Share (75 / 25 or 90 / 10): Estimated cost borne by property owner: Any second mortgages or home equity loans taken out following the initial consultation meeting will not be included in the purchase offer. In order to receive pre -event market value, you will be required to certify that you are either a National of the United States or qualified alien before the mitigation offer is made. 11. For mitigation activities other than acquisition, [State and/or City/County] may identify estimated costs for various mitigation activities: Activity type: Estimated total activity cost: Estimated Additions: Estimated Deductions: Estimated Total Mitigation Offer (Including estimated additions and deductions): Estimated Federal / non -Federal Cost Share (75 / 25 or 90 / 10): Estimated cost borne by property owner: 12. The final mitigation offer may be adjusted to meet all program regulatory and guidance requirements and to ensure no duplication of benefits (see number six above), as determined by the [State and/or City/County], once grant funds for the SRL project application are approved by FEMA. 13. The Sub -applicant will advise the property owner of the estimated timeframe for implementing various project types and whether the property must be vacated during project implementation. 14. For propelly acquisition or relocation projects: • All existing buildings must be removed by relocation or demolition within 90 days of settlement; and • The acquired land will be deed restricted in perpetuity and managed by the [State and/or City/County] or an acceptable third party organization. 15. If you decline the final offer of mitigation made under the SRL program, your property will be subject to an increase in the flood insurance premium rate. 16. You may appeal insurance premium rate increase that results from declining an SRL program mitigation offer based on criteria listed at 44 CFR Part 79.7 (d) and in program guidance. 17. The increased insurance premium rate resulting from declining a mitigation offer will continue even if the SRL program ends. 18. Any mitigation offer made under the SRL program remains open and available to you as long as the SRL program exists and funds are available. 19. All information related to you and/or your property that is collected during this consultation process shall be protected consistent with the Federal Privacy Act and similar State and local laws and ordinances. 20. Any SRL mitigation grant funds received directly or indirectly are generally not taxable for your Federal income tax purposes. However, you may want to consult with a tax advisor with respect to any potential State, local or other tax implications. Signature of SRL Property Owner(s) or Authorized Representative(s) Signature of SRL Property Owner(s) or Authorized Representative(s) Signature of Applicant or Subapplicant's Authorized Representative(s) Date Date Date The local government and property owner will initial and date below to document each meeting related to the Consultation. Homeowner(s) Homeowner(s) Local Government Official(s) Local Government Official(s) Date Date 4 AGENDA REQUEST ITEM NO. VI D2 DATE: 11/03/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT I ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: William Hoeffner SUBMITTED BY: Grants/Disaster Recovery Director SUBJECT: Cultural Affairs Mini -Grant Program BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Not applicable. PREVIOUS ACTION: 9/23109 — Board designation of the Arts and Cultural Alliance as the local arts agency and approval of funding for a community -wide survey and strategic plan. RECOMMENDATION: Board approval to postpone the FY09110 Cultural Affairs Mini -Grant Program until an Arts and Cultural Alliance community -wide survey and strategic plan are completed. COMMISSION ACTION: (X) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Signatures County Attorney ( ) Daniel McIntyre Grants/Disaster ( ) Recovery ,William Hoeffner CONCURRENCE: Faye W. Outlaw, MPA County Administrator St. Lucie County Grants/Disaster Recovery Department • MEMORANDUM TO: Board of County Commissioners FROM: William Hoeffner, Grants/Disaster Recovery Director DATE: November 3, 2009 SUBJECT: Cultural Affairs Mini -Grant Program ITEM NO. VI D2 Background: The Grants/Disaster Recovery Department administers a cultural affairs "mini -grant" program that provides grants of $1,000 to $2,000 to non-profit organizations in support of arts/cultural programs and projects. Due to recent economic conditions, grants have predominantly been in the amount of $1,000 during the past two years. The total of grants given is approximately $25,000 per year. Applications for the mini -grant program are customarily accepted in November of each year and the funds are allocated in January or February of the following calendar year. The primary source of funding for the mini -grant program is a County general fund allocation. Funding for the mini -grant program is also supplemented by funds received by the County from the sale of .Florida "State of the Arts" license tags. On September 22, 2009; the Board designated the Arts and Cultural Alliance of St. Lucie (ACA) as the local arts agency for St. Lucie County, a designation which allows the ACA to receive and expend funds from the State of the Arts license tag program. The Board also approved funding for the ACA to complete a community -wide survey of arts and culture in St. Lucie County and to develop a strategic plan for cultural affairs programming. Staff recommends that the mini -grant program for FY09/10 be postponed until the community -wide survey is completed and until the strategic plan is developed. With the benefit of the community -wide survey and recommendations within the strategic plan, the Board could then choose whether to proceed with the mini -grant program, re -structure it or utilize the funding for other purposes. Pending approval of the Board, an announcement would be sent to agencies regarding the postponement of the program. Recommendation: Board approval to postpone the FY09/10 Cultural Affairs Mini -Grant Program until an Arts and Cultural Alliance community -wide survey and strategic plan are completed. ITEM NO. VI — D3 DATE: 11/03/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: William Hoeffner SUBMITTED BY: Grants/Disaster Recovery Director SUBJECT: Art in Public Places Contract, Ravenswood Pool Area Murals. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Art in Public Places Contracted Services Account #665-7310-534000-700. (X) PREVIOUS ACTION: The Board approved the AiPP Plan on 2/24/09 and an Amendment on 7/14/09 RECOMMENDATION: Approval of a specialist agreement authorizing the artist to implement the proposed Ravenswood pool area murals. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coo rdMation/Sianatures County Attorney (X) Management & Budget() Daniel McIntyre Originating Dept. (X) Management & Budget illiam Hoeffner Mare Gouin Robert O'Sullivan S ST. LUCIE COUNTY GRANTS /DISASTER RECOVERY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: William Hoeffner, Grants and Disaster Recovery Director DATE: November 3, 2009 SUBJECT: Art in Public Places Contract, Ravenswood Pool Area Murals. ITEM NO. VI — D3 Background: The Ravenswood Pool Murals Project was approved by the Board of County Commissioners (BOCC) in the Art in Public Places Annual (AiPP) Plan on November 25, 2008. After fourteen responses to a St. Lucie County Call to Artists, the AiPP Ravenswood Pool Subcommittee and the AiPP Committee approved commissioning Lori Quinlan, an artist from Port St. Lucie, for the project. The proposal included painting a mural on the entire Ravenswood pool outside restroom, shower walls along with painting trim and the main entrance building. A rendering of the mural is attached (Attachment 1). The County Attorney's office has prepared a specialist agreement (Attachment 2) for $5,000 to cover all of the materials and labor for the AiPP project. Even though this agreement is for less than $25,000 and within the approval limits of County Administrator, AiPP Guidelines require BOCC review and approval of individual AiPP projects. Recommendation Approval of specialist agreement authorizing the artist to implement the proposed Ravenswood pool area mural. c N c Cl 04 SPECIALIST AGREEMENT THIS AGREEMENT, made and entered into this day of , 2009, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County", and LORI ANN QUINLAN, hereinafter referred to as the "Specialist". WHEREAS, the County desires to engage the services of the Specialist to (short description of services) make improvements, including a mural, to the Ravenswood Pool area, as described in the Specialist's Proposal, attached hereto; and, WHEREAS, the Specialist is willing to provide such services to the County; NOW, THEREFORE, the parties agree as follows: 1. The Specialist shall be responsible for preparing, priming, painting and sealing of the walls to ensure the highest quality mural for the restroom facility and associated buildings at the Ravenswood Pool area as described in the Specialist's Proposal, attached. 2. The Specialist shall coordinate the time she will work at the site with the County's Aquatic and Safety Coordinator to complete the job at the Ravenswood Pool, Port St. Lucie, Florida. 3. The Specialist shall complete reports and provide other documentation as required by the County to confirm adequate progress and satisfactory completion of services. 4. The Specialist shall supply his or her own equipment, email address, etc. unless otherwise approved by the County Administrator. 5. The Specialist is an independent contractor and is not an agent or employee of the County for the purpose of services provided under this Agreement. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the County and Specialist, its employees, agents, subcontractors, or assigns, during or after performance of this Agreement. The Specialist shall take the whole responsibility of the work and shall bear all losses resulting to it, on account of the amount or character of the work or because of any other causes whatsoever. 6. The County will compensate the Specialist in a total amount not to exceed five thousand dollars ($5,000) for services provided pursuant to this Agreement. Compensation shall be made after services have been rendered. Requests for payment may be submitted by the Specialist when work is completed, as agreed to by the County. Such requests for payment shall include all information required by the County to process payment. In the event of partial performance, Specialist shall be compensated for services provided based upon the agreed upon rate. 7. The Specialist shall and will forever hold harmless the County from and against all negligent and/or gross negligent acts which arise out of or in connection with the performance of this Agreement which causes any liabilities, claims, recoveries, costs, and expense because of loss of, or damage to, property, or injury to or the death of any person. The Specialist hereby acknowledges that the payment made under this Agreement includes specific consideration for the indemnification provided herein. 8. The Specialist shall be responsible for knowing and fulfilling all reporting requirements of the Tax Equity and Fiscal Responsibility Act of 1982, and all other federal, state, and local laws, rules and regulations. Form 1099 will be issued annually to report this payment. 9. The term of this Agreement shall be from the date written above until September 30, 2010. Either party may terminate this Agreement without cause upon seventy-two (72) hour written notice to the other party. 10. The County reserves the right to freely assign this Contract. The Specialist, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. In addition, the Specialist shall not have the right to assign any or all of its rights and interests under this agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the County. For purposes of this paragraph, a transfer of substantially all of its assets shall be deemed to occur when the owner(s) of more than 50% of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without County's prior written consent shall be deemed a default subject to the remedies provided herein. 11. All notices required in this Agreement shall be sent by certified mail, return receipt requested, to the following address, unless otherwise specified by a party: As to County: With copies to: St. Lucie County Administrator St. Lucie County Grants and Disaster Recovery 2300 Virginia Avenue, Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 As to Specialist: Lori Ann Quinlan 532 SE Kerrigan Terrace Port St. Lucie, FL 34983 12. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 13. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date as indicated below: WITNESSES: WITNESSES: Witness #1 Witness #2 ST. LUCIE COUNTY, a political Subdivision of the State of Florida BY: DEPARTMENT DIRECTOR DATE BY: COUNTY ADMINISTRATOR DATE APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY BY: Lori Ann Quinlan DATE TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Grants/Disaster Recovery Department ITEM NO. VI-D4 DATE: 1113/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Roberta Breene Grants/Resource Developer Midway Road Widening, 25th Street to Florida Turnpike Bridge — Grant Application See attached memorandum. See attached memorandum. PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to submit an Investmelntation to the U.S Generati g Economecartment of Recovery Transportation, Transportation (TIGER) Discretionary Grants program. COMMISSION ACTION: (x) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney W CONCURRENCE: Faye W. Outlaw, MPA County Administrator ,.'VCoordination/Signatures I OMB Director Daniel McIntyre Originating Dept. (X) &1*1riam oeffner Budget Analyst Public Works Director County Engineer (X) TYA) Marie Gouin W 4:0 Robert O'Sullivan W W . Don West W Mike lbowley Grants/Disaster Recovery MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner Grants/Disaster Rediery Director FROM: Roberta Breene %?-46 Grants/Resource Developer DATE: November 3, 2009 SUBJECT: Midway Road Widening, 25th Street to Florida Turnpike Bridge — Grant Application ITEM NO. VI-D4 Background: This item requests Board authorization to submit a grant application to the U.S Department of Transportation, Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grants program for funding not to exceed $30,564,536 (71%) toward the $43,064,536, construction cost of widening Midway Road (CR 712) between S.25th Street and the Florida Turnpike (Attachment 1). Midway Road is one of St. Lucie County's critical east -west routes and is a vital evacuation route for disaster events such as hurricanes or threats from the nearby nuclear power plant. The 2.2-mile roadway section between 25th Street and Florida's Turnpike is two lanes wide, with no sidewalks or bicnie lanes. Widening this section to a divided, four -lane highway would ease traffic flow between 25t Street and • the Florida Turnpike Bridge, thus easing a bottleneck that could be catastrophic during an emergency. The widening project is a priority in the county's Long -Range Transportation Plan and Capital Improvement Program. The total project cost is anticipated to include: • Design and engineering $ 2,500,000 • Project Development and Environment (PD&E) Studies $ 250,000 • Pond site and right-of-way acquisition $12,000,000 • Construction* $29 163 972 Total Cost $43,064,536 * 2006 construction costs of $24,424,367.68 have been increased by 3% per year for a scheduled mid -year 2012 construction start date. There are two issues of note: 1. This Midway Road project is not federalized, which means that it is proceeding without officially following the federal process. If the TIGER funding is approved, the project will need to be federalized. However, the County has taken an innovative approach since the project's inception in that the County has proceeded with the project with the goal of federalizing it. A consultant's review suggests that the County has done nothing to jeopardize the federal process and has made every effort to date to proceed in a manner . that would allow and facilitate the project's becoming federalized. Discussions are currently under way with the Florida Department of Transportation (FDOT) toward the goal of federalizing the project and meeting all National Environmental Policy Act Requirement (NEPA) requirements. (NEPA requires federal agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions.) 2. Due to the desired change to federalize the project, the lengthy. This will move the beginning construction dat Funds Available: e St. Lucie County is requesting $30,564,536 (71 %) and is providing $12,500,000 (29%) in matching funds for the project: Account # 318-4113-563000-4118 County Capital -Transportation Bond (Midway Road -West of Turnpike Bridge East 25th Street) $ 5,713,726 Account # 101006-4116-Various - 4118, Transportation Trust/Impact Fees $ 6,786,274 Total $12,500,000 Recommendation: Board authorization to submit an application to the U.S Department of Transportation, Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grants program. Attachment 1 W O a / z W IS 4;SZ 4;noS V p� uesua6aor ti �..i V •PSI uasualsijyo V O A-' -pa uuna o a• a c 3 I '• c i ~ t C O N b tb0 •, W Pb uNue� 'id auuy d•.�r off, d a S ._ O O , N (n LU O E i o LL E O 3 o •. ITEM NO. DATE: AGENDA REQUEST REGULAR INVESTMENT FOR THE FUTURE PUBLIC HEARING LEG. QUASI -JD CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don McLam SUBMITTED BY: Central Services Assistant Director SUBJECT: Contract to install roof on the Old Courthouse BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1931-546200-15010 Maintenance Projects -Central Services PREVIOUS ACTION: September 15, 2009 - BOCC approval to reallocate FY 08/09 funds for various maintenance projects, including roof repair. RECOMMENDATION: Board approval to enter into contract with J.A. Taylor Roofing to remove and install new roofing on the Old Courthouse in the amount of $49,860 and authorize the Chair to sign the documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER -� - --� Approved 5-0 Faye W. Outlaw, MPA County Administrator County Attorney ( x ) CoordinatioNSi natures OMB Director Budget Analyst Dan McIntyre Contract Coordinator Originating Dept. ( x) Qum Roger A. Shinn H \AGENDA - 351 ERD b`A� s Marie Gouin Robert O'Sullivan Melissa Simberlund (Name) Central Services MEMORANDUM TO: Board of County Commissioners THROUGH: Roger A. Shinn, Director FROM: Don McLam, Assistant Director Central Services - -lv Z DATE: November 3, 2009 SUBJECT: Contract to install roof on the Old Courthouse ITEM NO. VI-E Background: The Old Courthouse roof was replaced after Hurricane Irene (1999). Since that time, on an as needed basis, intermittent repair work has been done on the roof. The roof is now at the point that it needs to be replaced. Staff sent out requests for quotes to several vendors for the roof replacement project. The lowest quote received was from J.A. Taylor Roofing in the amount of $49,860. J.A Taylor Roofing is located in Ft. Pierce (St. Lucie County). Investment For the Future funds in the amount of $50,000 were budgeted FY 08/09 to replace the roof on the Old Courthouse and staff is seeking approval to enter into contract with J.A. Taylor Roofing and move forward with this project. Recommendation: Board approval to enter into contract with J.A. Taylor Roofing to remove and install new roofing on the Old Courthouse in the amount of $49,860 and authorize the Chair to sign the documents as approved by the County Attorney. io ITEM NO. VI-F1 DATE: 11 /03/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:� Diana D. Lewis SUBMITTED BY: Airport Airport Direct SUBJECT: Airport West Commerce Park Sanitary Sewer Grant BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140360-4220-563000-48004 FDEP Grant —Airport West Commerce Park Sewer 140-4220-563000-48004 Infrastructure PREVIOUS ACTION: October 7, 2008 - Board approved the State Financial Assistance Agreement for the Florida Department of Environmental Protection (FDEP) Grant No. LP8991 for the Airport West Commerce Park Sanitary Sewer. October 3, 2009 — Board approved Amendment 1 to revise line item costs without changing the total budget on Exhibit A of the grant. RECOMMENDATION: Board approval of FDEP Grant No. LP8991 Amendment 2 for the Airport West Commerce Park Sanitary Sewer 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 ( ) OMB Director ( ) Budget Analyst Dani I McIntyre Marie Gouin Heather Young Patty Marston Originating Dept. ( ) (Name) Utilities ( ) Laurie Waldie Airport MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Director DATE: November 3, 2009 SUBJECT: Airport West Commerce Park Sanitary Sewer Grant ITEM NO. VI-F1 Background: In June 2008, a $788,000 Florida Department of Environmental Protection (FDEP) grant originally intended for the Airport Industrial Park could not be used and was re -appropriated through the State Legislature to the Airport West Commerce Park (AWCP) sanitary sewer project. In October 2007, the Board approved the execution of the State Financial Agreement No. LP8991 for this re -appropriated grant. The Board approved Amendment 1 in October 2009, which was required to qualify for reimbursement of revised costs for engineering services, equipment purchase, and construction. Exhibit A for the grant was modified although no change was made to the original project estimate of $1,269,430. The attached Amendment 2 is to extend the time for the grant from December 31, 2009 to December 31, 2010 to ensure there is sufficient time to complete the Phase 2 AWCP Sanitary Sewer project that is currently underway and is to be completed by the end of January 2010. The attached Amendment 2 will need to be returned to FDEP for execution after the Board's approval and signature by the Chair. Recommendation Board approval of FDEP Grant No. LP8991 Amendment 2 for the Airport West Commerce Park Sanitary Sewer and authorization for the Chair to sign the document as approved by the County Attorney. STATE FINANCIAL ASSISTANCE AGREEMENT DEP AGREEMENT NO. LP8991 ST. LUCIE COUNTY AMENDMENT NO.2 THIS AGREEMENT as entered into on the 13th day of October, 2008, and amended on the 9th day of October, 2009, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and ST. LUCIE COUNTY (hereinafter referred to as the "Grantee" or "Recipient") is hereby amended. WHEREAS, the Grantee has requested an extension of the term of the Agreement in order to complete the project as planned; and, WHEREAS, it has been determined that an extension of time to complete the project would be in the best interest of the State; and, WHEREAS, additional changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 2. is hereby revised to change the completion date of the Agreement from December 31, 2009, to December 31, 2010. 2. Attachment A, Project Work Plan, is hereby amended to include Attachment A-2, Revised Project Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A, Project Work Plan, shall hereinafter refer to Attachment A, Project Work Plan, Attachment A-1, Revised Project Work Plan and Attachment A-2, Revised Project Work Plan. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP8991, Amendment No. 2, Page 1 of 2 This Amendment 2 to State Financial Assistance Agreement LP8991 shall be executed in two or more counterparts, either of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Department has caused this amendment to the State Financial Assistance Agreement to be executed on its behalf by the Deputy Director of the Department and the Grantee has caused this amendment to be executed on its behalf by its Authorized Representative. The effective date of this amendment shall be as set forth below by the Deputy Director of the Department of Environmental Protection, Division of Water Resource Management. ST. LUCIE COUNTY By: Chairman Date: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Deputy Director Division of Water Resource Management Date: Tommy Williams, DEP Grant Manager *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. List of attachments/exhibits included as part of this Amendment: Specify Type Letter/Number Description (include number of pages Attachment A-2 Revised Project Work Plan (1 page) DEP Agreement No. LP8991, Amendment No. 2, Page 2 of 2 f ATTACHMENT A-3 REVISED PROJECT WORK PLAN Please complete this form with as much detail as possible GRANTEE/PROJECT INFORMATION: Grantee: ST. LUCIE COUNTY Project Title: St. Lucie Airport West Commerce Park DEP Grant #: LP8991 II. FUNDING PLAN: No Change in FundinLy Plan Category of Expenditure 2008-2009 LP Grant Funds Provided 2008-2009 Match Required Total 2008-2009 Funding Professional Services Construction & Demolition Land Equipment Other (Specify) Total III. SCOPE OF WORK: No Change in Scope IV. PROJECT MILESTONES: Change to Ending Date. (i.e. timelines, contracts, if funded in prior year(s) where is the project now) If the scope of work includes construction: Estimated Construction start date: Estimated scope of work completion date: December 31, 2010 V. LOCAL MATCH & OTHER GRANT FUNDS: No Change in Match, etc ITEM NO. VI-F2 DATE: 11 /03/09 �COUNTY AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lew' SUBMITTED BY: Airport Airport Director SUBJECT: Budget Resolution No. 09-307, Florida Department Transportation (FDOT) Joint Participation Agreement, Stormwater Pollution Prevention Plan (SWPPP) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Pending BOCC approval. PREVIOUS ACTION: October 6, 2009 — Board approved Resolution No. 09-296 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement for the SWPPP Update. RECOMMENDATION: Board approval of Budget Resolution No. 09-307 establishing the fund for the FDOT grant for the Stormwater Pollution Prevention Plan Update in the amount of $80,000, with a local match share of $20,000, and authorization for the Chair to sign the document as approved by the County Attorney. COMMISSION ACTION: (jo APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Sianatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney ( ) OMB Director ( ) 7 �+ Budget Analyst 15arNel McIntyre 1 qMrdie Gouin Heather Young Patty Marston Originating Dept. ( ) (Name) ERD ( ) (Name) AIRPORT MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Dire DATE: November 3, 2009 SUBJECT: Budget Resolution No. 09-307, Florida Department Transportation (FDOT) Joint Participation Agreement, Stormwater Pollution Prevention Plan (SWPPP) ITEM NO. VI-F2 Background: The Airport originally prepared a Stormwater Pollution Prevention Plan (SWPPP) in 1997 to comply with the requirements of the National Pollution Discharge Elimination System and the Clean Water Act Amendments of 1987. The SWPPP identifies potential pollution sources at the Airport and proposes stormwater management controls and best management practices designed to reduce or eliminate pollutants entering the stormwater system. The Airport received a NPDES Multi -Sector General Permit, Section S, on May 5, 2006. This permit is good until May 4, 2011. The SWPPP must be periodically updated to include changes to the airport facilities and incorporate annual inspection results. In October 2009, the Board accepted the FDOT Joint Participation Agreement for $80,000 to update the SWPPP. A 20% match for the FDOT grant or $20,000 is also required. The attached Budget Resolution 09-307 establishes the fund for this project. Recommendation Board approval of Budget Resolution No. 09-307 establishing the fund for the FDOT grant for the Stormwater Pollution Prevention Plan Update in the amount of $80,000, with a local match share of $20,000, and authorization for the Chair to sign the document as approved by the County Attorney. 0 RESOLUTION NO. 09-307 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation through a Joint Participation Agreement, in the amount of $80,000, as funding for the Stormwater Pollution Prevention Plan (SWPPP) Update at the St. Lucie County International Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 3rd day of November, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 140366-4220-334411-400 FDOT-Transportation $80, 000 APPROPRIATIONS 140366-4220-531000-400 Professional Services $80,000 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX X Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 3RD DAY OF NOVEMBER 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY r ITEM NO. VI-F3 C2 DATE: 11/03/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lewis SUBMITTED BY: Airport Airport Direct :4��2 SUBJECT: Budget Resolution No. 09-308, Florida Department Transportation (FDOT) Joint Participation Agreement (JPA), Taxiway A and B Rehabilitation BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Pending BOCC approval. PREVIOUS ACTION: October 13, 2009 — Board approved Resolution No. 09-294 accepting the FDOT JPA for the Taxiway A and B Rehabilitation project. RECOMMENDATION: Board approval of Budget Resolution No. 09-308 establishing the fund for the FDOT grant for the Taxiway A and B Rehabilitation projects in the amount of $71,250, with a local match of $71,250, and authorization for the Chair to sign the document as approved by the County Attorney. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Signatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney ( ) OMB Director 116, *n 0 rA Budget Analyst Daniel McIntyre Marie Gouin Heather Young Patty Marston Originating Dept. ( ) (Name) ERD ( ) (Name) AIRPORT MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Director DATE: November 3, 2009 SUBJECT: Budget Resolution No. 09-308, Florida Department Transportation (FDOT) Joint Participation Agreement (JPA), Taxiway A and B Rehabilitation ITEM NO. VI-F3 Background: Taxiway A parallels Runway 10R/281- and is 6,500 feet in length and 35 to 50 feet wide. The original 4,500 foot section of this taxiway was last resurfaced in 1985. The 1,500 feet of the taxiway that was added when the runway was extended in 1990 has not been resurfaced since it was built. Taxiway B is a parallel taxiway associated with Runway 14/32. This taxiway is 4,400 feet in length and 50 feet wide, and was last resurfaced in 1985. In October 2007, a pavement inspection was conducted by the Florida Department of Transportation (FDOT). The inspection results showed that both taxiways were in fair to poor condition, with sections of Taxiway B listed as very poor. It has been over 20 years since these taxiways were last milled and paved, and the pavement has reached its useful life. It is planned to apply for a 95% Federal Aviation Administration (FAA) grant in May 2010 for this estimated $2,850,000 project. FDOT has already provided a 2.5% grant to match this FAA grant. In October 2009, the Board accepted the FDOT Joint Participation Agreement for the 2.5% match of the FAA grant for the rehabilitation project, or $71,250. A 2.5% local match of the same amount is also required. The attached Budget Resolution 09-308 establishes the fund for this FDOT grant. Recommendation Board approval of Budget Resolution No. 09-308 establishing the fund for the FDOT grant for the Taxiway A and B Rehabilitation projects in the amount of $71,250, with a local match of $71,250, and authorization for the Chair to sign the document as approved by the County Attorney. RESOLUTION NO. 09-308 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation through a Joint Participation Agreement, in the amount of $71,250, as funding for the Rehabilitation of Taxiways A and B at the St. Lucie County International Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 3rd day of November, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 140367-4220-334411-104601 APPROPRIATIONS 140367-4220-563005-104601 FDOT-Transportation Infrastructure -Consulting Engineer After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 3RD DAY OF NOVEMBER 2009. ATTEST: $71,250 $71,250 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA L1.0 CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI - G1 COUNTY F LORI DA-.440 TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Mosquito Control 11 /03109 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: James R. David Director ° Acceptance of grant from Florida Inland Navigation District (FIND) See attached memorandum FUNDS AVAILABLE: 187-7240-599330-700 Florida Boating Improvement Program Reserves 145-6230-531000-600 Professional Services PREVIOUS ACTION: March 24, 2009 - BOCC approval of Florida Inland Navigation District (FIND) grant application July 14, 2009 — BOCC approval of use of local FBIP Reserves as match for a FIND grant for the Little Mud Creek Park boat ramp project RECOMMENDATION: Board acceptance of the FIND grant. Authorization for Chair to execute the agreement with FIND, as approved by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB/Purchasing Director Budget Analyst Daniel S. McIntyre Originating Dept. ( ) Ja es R. David Central Services Marie Gouin eA Tawonna Johnson Donald McLa Mosquito Control MEMORANDUM TO: Board of County Commissioners FROM: James R. David, Mosquito Control Director Mosquito Control DATE: November 3, 2009 SUBJECT: Acceptance of grant from Florida Inland Navigation District (FIND) ITEM NO. VI — G1 Background: FIND has awarded a grant in the amount of $40,000 to St. Lucie County for construction of the Little Mud Creek boat ramp. The local match has been approved to come from the local FBIP Reserves, in the amount of $47,500. The Mosquito Control District has already expended $33,800 for permitting and engineering activities on the project, and proposes to commit in -kind funds ($12,500) towards permit modification and compliance costs, and towards restoration activities in the vicinity of the ramp that meet the mitigation and monitoring requirements of the project ($10,000). Previous Action March 24, 2009 - BOCC approval of Florida Inland Navigation District (FIND) grant application July 14, 2009 — BOCC approval of use of local FBIP Reserves as match for the FIND grant Recommendation Board acceptance of the FIND grant. Authorization for Chair to execute the agreement with FIND, as approved by the County Attorney. Jot ►wc. ry a J Y.; F l O R 1 0 A `3 R1r•r Pu* 1� Z. Em Source MicrosoWStreets and Trips; Copyrighto 2005 S Kimley-Hom and Associates, Inc. nCopyright 2009 Kimley-Horn and Associates, me ;0521 S.W. village Center Drive, Suite 103 Port Saint Lucie, FL 34987 Phone:772-345.3800 Fax:772-286 0138 www,kimley-horn.com Project Site A r r a n t i c o c e a n n}•�MM p�ACh Oc•an Bras• PM rarcn Rir•r Snore• M. Sturt 7 t Project Site A t 0 c e + n LOCATION MAP LITTLE MUD CREEK ST. LUCIE COUNTY FLORIDA NOT-osc,+ie PROJECT NO 0472070g1 May 2009 FIGURE TO: SUBMITTED BY: SUBJECT: BACKGROUND: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Mosquito Control VI - G2 11/03/09 PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) PRESENTED BY: James R. David Director Acceptance of grant from National Association of Counties (NACO) See attached memorandum FUNDS AVAILABLE: 145-6230-531000-600 Professional Services 145832-6230-599300-600 Reserves — SFWMD IRL License Plate Grant 2009 PREVIOUS ACTION: June 16, 2009 — BOCC approval of grant application RECOMMENDATION: Board acceptance of the NACO grant. Authorization for Chair to execute the agreement with NACO, as approved by the County Attorney. COMMISSION ACTION: X) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Signatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney ( ) OMB/Purchasing ( ) Director Budget Analyst Daniel S. McIntyre Marie Gouin t Tawonna Johnson Originating Dept. ( ) Other ( ) Ja 'R. David Mosquito Control MEMORANDUM TO: Board of County Commissioners FROM: James R. David, Mosquito Control Director Mosquito Control DATE: November 3, 2009 SUBJECT: Acceptance of grant from National Association of Counties (NACO) ITEM NO. VI — G2 Background: NACO has awarded a grant in the amount of $50,000 to St. Lucie County for restoration activities on Spoil Island SL-3. Those activities include removal of exotic plants, planting of native plants, reconnection of a small wetland on the island and watering maintenance of the plants. The local match is derived from the Indian River Lagoon License Plate Grant ($15,185), contractual services which the Mosquito Control District used to get the permits and which are needed for bid scope development ($25,465), monitoring and permit compliance ($8,650), and in -kind logistical support ($700). Previous Action June 16, 2009 — BOCC approval of grant application Recommendation Board acceptance of the NACO grant. Authorization for Chair to execute the agreement with NACO, as approved by the County Attorney. 7GOWIMPFUTZ COUNTY F L O R I D A AGENDA REQUEST ITEM NO. VII-A DATE: 11 /03/09 REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart suj� SUBMITTED BY: Growth Management Department Capital Improvements Manager SUBJECT: Annual update to the Comprehensive Plan Capital Improvements Element (CIE) for FY 2009/10 — FY 2013/14. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board adoption of Ordinance 09-029 updating the Capital Improvements Element for FY 2009/10 — FY 2013/14. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( )Q Budget Analyst Daniel S. McIntyre Marie Gouin M Robert ' ullivan County Engineer ( ) k"\�p Parks & Rec. ( ) ichael owley Debra Brisson .j Originating Dept. ( ) Mark Satterlee Other ( ) 1 C6m-� O' CINTY ._ . F L Q R I D A Growth Management MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, Growth M�11� r FROM: Michael Brillhart, Capital Improvements ManagerN/3 DATE: November 3, 2009 SUBJECT: Annual Update to the Comprehensive Plan Capital Improvements Element (CIE) for FY 2009/10 - FY 2013/14 ITEM NO. VII-A Background: In 1990, the Board of County Commissioners enacted Ordinance No. 90-01, adopting the St. Lucie County Comprehensive Plan, Capital Improvements Element (CIE). Chapter 163.3177(3)(a)(6)(b)1, F.S. requires an annual update to the Capital Improvements Element. The procedure for updating the CIE is through a plan amendment that requires only one adoption public hearing with the Board of County Commissioners and is exempt from the twice a year Comprehensive Plan amendment cycle administered by the State Department of Community Affairs (DCA). Attached to this memorandum is a copy of proposed Ordinance No. 09-029 which would amend the St. Lucie County Comprehensive Plan, Capital Improvements Element for FY 2009/10 - FY 2013/14. Substantive changes to this fiscal year's CIE Update are shown on pages 15 through 29 of Exhibit A with capital project deletions shown in strip -h-and additions or cost modifications shown in underline. Among the most notable changes between the adopted FY 2008/09 - 2012/13 CIE and the proposed FY 2009/10 - 2013/13 Update include the following: • Completion of improvements to MLK/Dreamland Park during FY 08/09. • Elimination of funding in the amount of $110,786,682 during FY 2011/12 for the reconstruction of 1-95 between Okeechobee Road and Indrio Road. • Completion of a new flight training runway and taxiways at the St. Lucie International Airport during FY 2008/09. • Proposed funding in the amount of $28.5 million for a new North County wastewater treatment plant and $25 million for a water treatment plant in FY 2013 and 2014. Previous Action: November 25, 2008 - BOCC adopted Ordinance No. 08-036 amending the comprehensive plan Capital Improvements Element for FY 2008/09 - FY 2012/13 in consideration of the annual update requirement. April 28, 2009 - BOCC adopted Ordinance No. 09-015 amending Ordinance 08-036 and the accompanying CIE update through substantive changes in the revised "Revenue Sources" table shown on page 12 of the update based upon final revisions to the State 5-Year Transportation Work Program during FY 2008/09 — FY 2012/13. Recommendation: Board adoption of Ordinance 09-029 updating the Capital Improvements Element for FY 2009/10 — FY 2013/14. ORDINANCE NO. 09-029 AN ORDINANCE AMENDING ORDINANCE NO. 90-01, AS AMENDED, BY ADOPTING THE CAPITAL IMPROVEMENTS PLAN AND CAPITAL IMPROVEMENTS ELEMENT OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN, AN EXEMPT LARGE SCALE AMENDMENT; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County enacted Ordinance No. 90-01, adopting the 1990 St. Lucie County Comprehensive Plan, which was subsequently amended in accordance with State Law; and WHEREAS, the amendment of the Capital Improvements Element is exempt from the twice yearly large scale amendment process under Section 163.3187(1)(f ), Florida Statutes, which requires an annual update to the Capital Improvements Element; and WHEREAS, the Board has followed the procedures set forth in Section 163.3187(1)(f), Florida Statutes; and WHEREAS, the Board has followed the procedures set forth in Sections 163.3177(3)(b)2, Florida Statutes, stating that Capital Improvements Element amendments adopted after the effective date of this act [July 1, 2005] shall require only a single public hearing before the governing board which shall be an adoption hearing as described in S. 163.3184(7). Such amendments are not subject to the requirements of s. 163.3184(3)-(6).. WHEREAS, the Board has substantially complied with the procedures set forth in the Implementation Element of the Comprehensive Plan regarding public participation; and WHEREAS, on November 3, 2009, the Board held a public hearing with all required public notice for the purposes of hearing and considering the recommendations and comments of the general public prior to final action on the Comprehensive Plan amendments set forth herein; and WHEREAS, the Board hereby finds that the Comprehensive Plan, as amended by this ordinance, is internally consistent with and compliant with the provisions of State law 1 including, but not limited to, Part II, Chapter 163, Florida Statutes, the State Comprehensive Plan, and the Strategic Regional Plan of the Treasure Coast Regional Planning Council; and WHEREAS, the Capital Improvements Element must be financially feasible with committed and planned revenues for capital improvements during fiscal years 2009/10 through 2013/14 that will ensure adequate capacity based upon the demands of future growth. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Legislative Findings. The above recitals are true and correct in form and include legislative findings which are a material part of this Ordinance. Section 2. Text Amendment. The text of the Comprehensive Plan is hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by this reference, and as noted in the following table: Ordinance Amendment Amended LPA Hearing BCC Hearing Exhibit Topic Elements Date Date Capital Improvements Capital Not Required 11/03/09 A Element-2009 Improvements Update Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Transmittal. The County Growth Management Director is hereby directed to ensure that this Ordinance and all necessary supporting data and analysis and other relevant documents are forwarded within ten (10) working days to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, and other agencies in accordance with Section 163.3184, Florida Statutes, and Rule 9J-011(5), Florida Administrative Code. Section 5. Effective Date. This ordinance shall take effect upon filing a copy of this ordinance with the Florida Department of State by the Clerk of the Board of County Commissioners; provided, however, that the effective date of the Comprehensive Plan amendments set forth herein shall be twenty-two (22) days after the Florida Department of Community Affairs* publication of a notice of intent to find the Comprehensive Plan amendments in compliance if no affected party challenges the Comprehensive Plan amendments, or if an affected party challenges the Comprehensive Plan amendments, when a final order is issued by the Florida Department of Community Affairs or the Administration Commission determining that the amendments are in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders or development permits, if dependent upon an amendment, may be issued or commence before an amendment has become effective. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team. An adopted amendment whose effective date is delayed by law shall be considered part of the adopted plan until determined to be not in compliance by final order of the Administration Commission. Then, it shall no longer be part of the adopted plan unless the Board adopts a resolution affirming its effectiveness in the manner provided by law, Section 6. Adoption. After motion and second the vote on this ordinance was as follows: Chair Paula A. Lewis XX Vice Chair Charles Grande XX Commissioner Doug Coward XX Commissioner Chris Craft XX Commissioner Chris Dzadovsky XX PASSED AND DULY ADOPTED this 3rd day of November, 2009. 3 ATTEST: DEPUTY CLERK s:\otty\ordnance\2009\09-029.doc BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: al COUNTY ATTORNEY Exhibit A ANNUAL CAPITAL IMPROVEMENTS ELEMENT (CIE) UPDATE FY 2009110 - FY 2013114 ' CIE ANNUAL UPDATE FY 09/10 —13/14 Contents age Map of St. Lucie Count 2 Purpose of the Capital Improvements Element (CIE) Annual Update .............................3 ............................................... Adopted Goals and Objectives..•.................................4 Relationship to Other Elements..................................................................................4 BackgroundData...............................................................................................................4 Differences between the FY 08/09 — 12/13 and FY 09/10 — 13/14 CIE Update......... 4 PopulationEstimates..................................................................................................5 Deminimus Impacts Report .......................................................................................5 Analysisof Needs......................................................................................................6 FinancialFeasibility............................................................................................................7 Committed Years One Through Three.......................................................................8 Committed and/or Planned Years Four and Five........................................................8 RevenueSources.......................................................................................................8 Public Facilities Level of Service for Required Elements................................................9 Levelof Service Table.................................................................................9 Level of Service Achieved or Maintained..................................................................10 Summary of Capital Improvement Projects....................................................................11 Revenue Summary 12 13 Summary of Capital Expenditures............................................................................ Schedule of Capital Improvements...........................................................................14 Drainage..................................................15 ................................................................ PotableWater..........................................................................................................16 ............................................. Sanitary Sewer............................................................17 Solid Waste..................................18 ............................................................................ Parksand Recreation...............................................................................................19 Transportation .................................................................................. ........................20 - County Roads..................................20 ........................................................... - St. Lucie International Airport ......................................................................21 - Port of Fort Pierce.......................................................................................22 - State Roads................................................................................................23 - Mass Transit ................................. ..............................................................28 Schools....................................................................................................................29 A MIO e • CIE ANNUAL UPDATE FY 09/10 -13/14 Z r U zl.4-5 .-. '.:.I W 3 I N Pam' � W - �� i_ ' S}E �t �/ p'ffi'n� ,� •+ sN^°�"e Sua P� kE i y s s I , _... '-w £ i— o � w� � — • 7 `�.°ae_.•.. � Pie enn s uob �_ •i 1 � f � T, 9 � p7B'k`JtlRdS'.r 1 ! P M � V A I tPi' 1 8 a l 0 I � I � I I o I I wg � I Qo I � II I! ------------ ------------— --------------- I ----------------- c 1 -------------------------- c .puno� aapoyoaaHp U T UPDATF, FV 69i1 n _ Purpose of the Capital Improvements Element (CIE) Annual Update The Capital Improvements Element (CIE) annual update for FY 2009/10 — 2013/14 represents the County's amendment to the capital project schedule of the currently adopted CIE including the addition of the new fifth year (FY2013/14). The amended schedule includes projects that are needed to meet future demands of development in accordance with Section 163.3202 (2)(g), Florida Statutes. This CIE update contains the financially feasible 5 year schedule of capital improvements necessary to maintain the adopted level of service for the concurrency related public facilities identified within the St. Lucie County Comprehensive Plan. These facilities include: drainage, potable water, sanitary sewer, solid waste, parks and recreation, transportation and schools (Section 163.3189, Florida Statutes). The purpose of this Element is to "identify the need for, and program the provisions of necessary public facilities at the time that those facilities are needed as new developments are completed" (adopted St. Lucie County Capital Improvements Element, revised 2002). Each capital improvement identified within the updated CIE schedule is included within the County's adopted Comprehensive Plan. The process in developing the CIE demonstrates that a reasonable, measurable, affordable plan to reduce, eliminate or prevent facility deficiencies within the specified time frame has been established. The costs for projects may be paid for or contracted for in phases which are required to meet the adopted level of service standards as provided for within the Comprehensive Plan. This CIE annual update reflects the County's Five Year Capital Improvements Program (CIP) for the FY 2009/10 — 2013/14 timeframe. A statement of financial feasibility is demonstrated through the identification of both committed revenue and planned revenue anticipated to undertake project expenditures as shown within the 5 year schedule. The Capital Improvements Element is required to be updated annually to reflect the project improvements necessary to ensure adequate capacity and concurrence with new development in consideration of the new fifth (5th) year of the capital improvement program. In addition, the improvement schedule for each Element also includes projects which may reduce existing deficiencies, provide for necessary replacement and meet future demand in accordance with Rule 9J-5.016(1) (a) Florida Administrative Code. It should be noted that not all of the revenue necessary to construct each project to 100% completion during the 5-year period may be available. As such, a site development's eligibility for Proportionate Fair Share (PFS) mitigation cannot be based solely upon the placement of a capital project within the CIE update. 3 Adopted Goals and Objectives The following goals and objectives were adopted as part of the Comprehensive Plan Capital Improvement Element in 1990 and are used in the preparation of the FY 2009/10 — 2013/14 CIE Update. GOAL 11.1: TO PROVIDE PUBLIC FACILITIES NECESSARY TO ACHIEVE AND MAINTAIN ADOPTED LEVEL OF SERVICE STANDARDS CONCURRENT WITH DEMAND THROUGH FISCALLY SOUND CAPITAL IMPROVEMENT PROGRAMMING AND BUDGETING. Objective 11.1.1: Define types of facilities, establish standards for level of service for each type of public facility, and determine what capital improvements are needed in order to achieve and maintain standards (as well as repair or replace existing public facilities). Objective 11.1.3: Within the County's financial capability, provide needed capital improvements for repair or replacement of obsolete or worn out facilities, eliminating existing deficiencies, and meeting the needs of future development and redevelopment caused by previously issued and new development orders. Relationship to Other Elements The Capital Improvements Element Update provides a summary of the needed capital facilities during the next five years as identified in the other Elements of the Comprehensive Plan. This includes those projects necessary to correct existing level of service deficiencies while providing for future needs. Deficiencies were determined by comparing the current facilities to the adopted level of service standards. Goal 11.1 and Objective 11.1.1 of the CIE serve as a basis for ensuring concurrence between the level of service with each Element and the required programming of projects within the CIE Update. Background Data Differences between the FY 08/09 — 12/13 and FY 09/10 — 13/14 CIE Update This document serves as the annual update to the FY08/09 — 12/13 CIE Update adopted by St. Lucie County in November of 2008. Among the major project differences from the previous CIE Update include the following: 1. The completion of South 25th Street from Edwards Road to Midway Road 2. The installation of Indian River Estates Pump Station 3. Completion of new flight training runway at the Airport 4. Completion of Avenue J. pedestrian bridge 5. Completion of improvements to MLK/Dreamland Park 9 CIE ANNUAL UPDATE FY 09/10 —13/14 6. Completion of phase 1 sanitary sewer improvements at Airport West Commerce Park Population Estimates (Countywide): The population estimates for year 2009 and 2010 are based upon data compiled by the University of Florida's Bureau of Economic and Business Research (BEBR). The estimates for years 2010-2030 take into consideration a 1 % annual population increase. Estimates Year 2009: 272,864 Year 2010: 272,864 Year 2015: 286,507 Year 2020: 300,832 Year 2025: 315,874 Year 2030: 331,667 The projected location of future population growth on a countywide basis is consistent with the Traffic Analysis Zone (TAZ) zonal data used within the adopted St. Lucie TPO Year 2030 Regional Long Range Transportation Plan (RLRTP). Both residential based trip origination data and non-residential trip destination data were projected in conjunction with land use designations reflected on the adopted Future Land Use Map (FLUM). The population estimates are consistent with future residential dwelling unit projections multiplied by the average number of persons per dwelling unit for this area. De minimus Impacts Report A summary of new residential and non-residential building construction permits for 2009 is provided below through the month of September. Each residential lot was platted prior to 1990 and represents a de minimus (below maximum service volume) impact upon the roadway network. Concurrency mitigation was not required for any of the non- residential developments. Development did not impact roadway facilities that were operating above the 100% maximum service volume and, therefore, the impacts are de minimus in accordance with Section 163.3180(6), F.S. Month Single Family Permits Commercial Permits October 6 3 November 1 5 December 2 1 January 1 3 February 2 1 March 3 0 April 3 0 May 1 0 June 4 1 July 2 0 August 3 5 September 2 1 Analysis of Needs The determination of facility needs within each Element considers the level of service, required repairs or renovations that reflect new system capacity, and new growth demands for projects. A relative priority of need among facility types has been indicated through the extent of improvements scheduled within this CIE update. Due to recent reductions in local ad -valorem tax revenues based upon the passage of the voter approved State Amendment #1 in January 2008 together with reductions in sales tax, it will be more difficult to fund capital projects using local resources. Sufficient funding needed to implement transportation improvements to sustain level of service on the roadway network during the FY 2009/10 — 2013/14 timeframe will be compromised. Reductions in motor fuel tax receipts will also affect the programming of transportation projects. As such, roadway projects have been prioritized in consideration of available funding. The County will continue to take advantage of non -local revenue sources when available as earmarked for specific capacity enhancements, new facilities, and repairs and renovations. Projects funded and programmed within the CIE are consistent with and supports the Future Land Use Element as well as Goal 11.1, Objective 11.1.1, and Objective 11.1.3 of the Capital Improvements Element. The projects summarized in the Schedule of Capital Improvements have been previously identified in the following Elements within the adopted St. Lucie County Comprehensive Plan: drainage, potable water, sanitary sewer, solid waste, parks & recreation, transportation and schools. Each project has been prioritized in consideration of available 5 year funding. The analysis of needs for each Element is summarized below. Drainage: the drainage improvement needs as identified and prioritized within the CIE schedule are determined through an analysis of the required storm -water management resources necessary to maintain a 10 year/24 hour storm event within adjacent primary basin and outfall areas. This analysis is consistent with the County's involvement in maintaining National Pollutant Discharge and Elimination System (NPDES) standards administered by the United States Environmental Protection Agency (EPA) and the State Department of Natural Resources and directly linked to the impacts of land development activity upon the adjacent surface water system. Potable Water the improvement needs for potable water is consistent with the 10-Year Water Supply Facilities Work Plan for St. Lucie County in concurrence with the South Florida Water Management District. The analysis for potable water demand is based upon the need to provide 110 gallons per capita/per day of capacity in consideration of population growth. As shown on the project schedule for potable water, the County is Z N CIE ANNUAL UPDATE FY 09/10 —13/14 now emphasizing project funding for capacity improvements related to the North County service area. Sanitary Sewer: the improvement needs for sanitary sewer considers the 10-Year Water Supply Facilities Work Plan for St. Lucie County. The demand for each project directly correlates to the need to provide 100 gallons per capital/per day of capacity for each ERD. As shown on the project schedule for sanitary sewer, the County is emphasizing project funding for capacity improvements related to the North Hutchinson Island waste water treatment plant. Solid Waste: the existing solid waste facility has sufficient capacity to meet the 9.31 pounds per capita/per day demand over the next five years. The County does not have any capital improvements programmed at the facility during the CIE Update for FY 09/10 — 13/14. Parks and Recreation: the County is required to provide a minimum level of service standard of 5 acres of regional park land area for every 1,000 residents. The analysis of needs takes into consideration the parkland area (in acres) available for both active and passive recreational activities. As such, many of the projects within the County's capital improvements program include the expansion of recreation opportunities at existing parks and recreational facilities. Transportation: the analysis of needs for roadways are tied to the adopted peak hour/ direction level of service "E" standard for county roads and a peak hour/direction level of service "D" standard for state roads. Traffic count data is collected annually and used in the County's roadway level of service analysis. Mass transit improvement needs are based upon ridership data and headway times for the current year and five year forecast as determined by Community Transit Inc. of the Treasure Coast. Typically there is limited annual funding available to the transit authority through ridership fares and, therefore, mass transit is dependent upon state and federal funding for capital such as the acquisition of buses. Schools: the analysis of needs for school facilities were determined using a 100% capacity for all schools level of service standard required by the Florida Department of Education. This includes an analysis of current student enrollments at each school and a review of total facility classroom space district -wide divided by the number of students that attend schools within the district. The projects identified within the schedule were taken directly from the St. Lucie County School District's 5-Year Work Program. Financial Feasibility St. Lucie County has prepared this CIE annual update as a demonstration of financial feasibility for its adopted five year capital improvements plan and to provide assurance 7 N q CIE ANNUAL UPDATE FY 09/10 —13/14 of available revenue through committed and planned sources to implement the schedule of capital improvements. This update is being transmitted to State Department of Community Affairs in accordance with Section 163.3177 (3)(b), F.S., which states that "the expenditures for capital projects do not exceed the amount of revenue programmed or planned for during the 5 year period". Sufficient revenue has been committed in the first three (3) years to provide for the expenditure of project funding during FY 09/10 — 11/12. Funding for FY 12/13 — 13/14 includes both committed and planned revenues. Each capital project identified within this CIE shall have a minimum cost of $25,000 as referenced within the adopted and revised Capital Improvements Element (2002). However, most of the capital project costs that add system capacity from new development demand will exceed $50,000 based upon current day costs. A public facilities capital improvement may include design and land acquisition as part of the total project construction cost. For purposes of this CIE, a capital improvement cost shall include infrastructure, facilities and equipment "which are large scale and high in cost... generally nonrecurring and may require multi -year financing" in accordance with Rule 9J-5.003(12), Florida Administrative Code. The adopted County Capital Improvements Program (CIP) and State DOT Work Program representing FY 2009/10 — 2013/14 may contain non -capacity enhancing projects necessary for the continuation of on -going infrastructure priorities. As such, there is not an equivalent total project cost comparison between the CIE, CIP and State DOT Work Program. Committed Years 1-3 (FY 2009110 — 2011112) - funding under the first three years of the CIE represents the funding that is committed and currently available from specific funding sources and is included as part of the first three years of the St. Lucie County Capital Improvement Program (CIP) or the State's Five Year Work Program. Committed and/or Planned Years 4-5: (FY 2012113 2013114) - funding during years four through five represents both committed (currently available and programmed) funding and/or planned funding (currently not available but will be committed once the specific revenue source has been secured during the 5 years of this CIE update). Revenue Sources St. Lucie County shall use the following revenue sources in order to meet the demands for projects identified within each facility Element: • ad valorem taxes • impact fees • utility connection fees and user rates • state revenue sharing • one-half cent sales tax • franchise fees • gas taxes (constitutional gas tax, local option gas tax, county gas tax, motor fuel rebate) • state and federal revenues • bond proceeds • MSBU and MSTU State and federal revenue sources for transportation improvements and mass transit include the state transportation trust fund, state TRIP funds, the Federal Highway Administration (FHWA) highway trust fund, and Federal Transit Administration (FTA) trust funds. Public Facilities Level of Service for Required Elements A summary of the level of service for each Element identified within the adopted St. Lucie County Comprehensive Plan is provided below. The list of projects identified in the Schedule of Capital Improvements depicts those projects that will need additional capacity (exceeds or will exceed the acceptable level of service standard) as a result of future growth sometime during the FY 09/10 — 13/14 time frame. Level of Service Table Public Facility Level of Service Service Area Drainage 10 year/24 hour storm event Countywide, by basin Potable Water 110 gallons per capita per day Unincorporated areas Sanitary Sewer 100 gallons per capita per day Unincorporated areas Solid Waste 9.31 pounds per capita per day at landfill Countywide Parks & Recreation 5 acres of regional park/1,000 population Countywide Transportation Local collectors = D peak hour/direction Countywide County arterials = E peak hour/direction Countywide State roads = D peak hour/direction Countywide Mass Transit = < 30 minute headways Countywide Schools 100% of program capacity for all schools; 90% of FISH capacity for Title 1 schools Countywide It should be noted that not every capital facility deficiency or existing backlog roadway can be funded for improvements over the next five years. The improvements programmed during the first three (3) years have committed funding. However, funding 9 r 2 i' CIE ANNUAL UPDATE FY 09/10 -13/14 during years four (4) and five (5) may be either committed or planned for based upon anticipated revenue forecasted by the County and State. In addition, some capital projects identified within the schedule may have only limited funding in the CIE Update necessary to fully implement the capacity improvement. As such, these roadways are ineligible to receive proportionate fair share funding from developments that could impact the facility. Funding completion for such projects may take place in the new fifth year of future CIE annual updates. Level of Service Achieved or Maintained The level of service standard adopted by the County for each Element will be maintained or achieved during FY 09/10 — 13/14 through the capital improvements committed and/or planned for in this Update. Each project will ensure that the minimum level of service standard required to achieve concurrency and financial feasibility will be met. Drainage — improvements that are identified and prioritized within the CIE schedule have been determined through an analysis of required storm -water management resources necessary to maintain a 10 year/24 hour storm event. This effort is consistent with the County's involvement in maintaining National Pollutant Discharge and Elimination System (NPDES) standards. The capital projects reflected within the schedule will allow the 10 year/24 hour storm event level of service to be maintained in areas where current surface water management practices are in place and achieved in areas where storm water/drainage projects are programmed over the next 5 years. Potable Water — the potable water improvements schedule is consistent with the 10- Year Water Supply Facilities Work Plan for St. Lucie County adopted in concurrence with approval by the South Florida Water Management District. Each project considers the population growth based demand capacity required to meet the County's 110 gallons per capita/per day level of service standard. Sanitary Sewer — the sanitary sewer improvements schedule is compatible with the 10- Year Water Supply Facilities Work Plan adopted for St. Lucie County. Each project considers the population growth based demand capacity required to meet the County's 100 gallons per capita/per day level of service standard. Solid Waste — the existing solid waste facility has sufficient capacity to meet the demand based upon 5 year growth projections. The 9.31 pounds per capita/per day capacity level of service standard at the landfill will be maintained during the 5 year window such that no capital improvements need to be programmed as part of this CIE Update. 10 CIE ANNUAL UPDATE FY 09/10 —13/14 Parks and Recreation — the requirement to provide 5 acres of regional park land per 1,000 population has been maintained and achieved through the programming of the parks and recreational capital improvements shown in the schedule. Many of the projects in the schedule include the expansion of both passive and active recreation opportunities at existing facilities. Transportation (County Roads) - the maintenance or achievement for traffic on county roadways in consideration of growth demand is based upon a peak hour/direction level of service "E" standard as adopted within the Comprehensive Plan. Projects programmed by the County will maintain or achieve the level of service "E" standard (maximum service volume for "E") in consideration of population growth during the 5 year horizon. Transportation (State Roads) - the maintenance or achievement for traffic on state roadways in consideration of growth demand is based upon a peak hour/direction level of service "D" standard as adopted within the Comprehensive Plan. Projects programmed by the State DOT will maintain or achieve the level of service "D" standard (maximum service volume for "D") in consideration of population growth during the 5 year horizon. Transportation (Mass Transit) - the capital improvements programmed by the State DOT for implementation by Community Transit Inc. of the Treasure Coast will assist in maintaining or achieving the < 30 minute headway level of service standard for bus operations. Schools - school facility needs as reflected within the schedule for the 5 year time frame is consistent with the requirement to provide sufficient classroom and school site facility to maintain and achieve the 100% capacity level of service standard required for all schools as determined by the Florida Department of Education. The capital projects shown in the schedule will provide the school facility capacity to meet current student enrollment projections for the 5 year window and is consistent with the St. Lucie County School District's 5-Year Work Program. Summary of Capital Improvement Projects The capital improvements depicted within the schedule of capital projects, as shown on pages 14 — 24, will maintain the adopted level of service standards for the following Elements: drainage, potable water, sanitary sewer, solid waste, parks and recreation, transportation and schools A capital facility within the schedule may become deficient anytime during the 5 year time frame of this annual update prior to implementation of the improvement. 11 CIE ANNUAL UPDATE FY 09/10 -13/14 Revenue Summary A summary of the revenue projections by source for the FY 09/10 - 13/14 timeframe is shown below. REVENUE SOURCES FUND FY09/10 FY 10/11 FY 11/12 FY 12/13 13/14 TOTAL Drainage: MSBU 6,345,683 0 0 0 0 6,345,683 FH WA 1,006,022 0 0 0 0 1,006,022 LOFT 386,933 0 0 0 0 386,933 Potable Water: Interest 522,958 169,000 491,400 2,938,000 2,376,400 6,497,758 Loan Proceeds 3,195,855 871,000 2,532,600 15,142,000 12,247,600 33,989,055 Fees 232,426 39,000 113,400 678,000 548,400 1,611,226 Revenue Sha ring 697,277 78,000 226,800 1,356,000 1,096,800 3,454,877 Util ity Cha rges 1,162,129 143,000 415,800 2,486,000 2,010,800 6,217,729 Sanitary Sewer: Interest 280,852 58,500 949,000 3,549,000 2,275,000 7,112,352 Loan Proceeds 1,447,469 301,500 4,891,000 18,291,000 11,725,000 36,655,969 Fees 64,812 13,500 219,000 819,000 525,000 1,641,312 Revenue Sha ring 129,624 27,000 438,000 1,638,000 1,050,000 3,282,624 Utility Charges 237,645 49,500 803,000 3,003,000 1,925,000 6,018,145 Parks & Recreation: Impact Fees 790,347 0 0 25,500 0 815,847 Service Fees 511,401 0 0 16,500 0 527,901 MSTU 1,162,276 0 0 37,500 0 1,199,776 Loans & Bonds 21185,078 0 0 70,500 0 2,255,578 County Transportation: T. Trust Fund 188,160 49,019 2,736,172 49,019 0 3,022,370 LOFT 1,881,597 473,852 1,013,397 473,852 66,986 3,909,684 Impact Fees 30,575,958 751,627 2,736,172 751,627 0 34,815,384 Revenue Sharing 14,111,981 179,737 1,925,454 179,737 0 16,396,909 Gas Tax 282,240 179,736 1,722,776 179,736 66,985 2,431,473 Airport 9,450,796 2,385,720 1,345,720 2,855,720 2,676,720 18,714,676 Port 2,202,000 0 2,617,000 0 1,167,157 5,935,157 State Transportation: FDOT Fund. 68,713,854 28,671,800 34,588,304 26,680,000 65,051,000 223,704,958 Tra ns it 12,410,000 0 0 0 0 12,410,000 School: Advalorem 29,320,794 2,695,790 27,961,409 0 0 59,977,988 1/2 Sales Tax 6,899,009 505,461 6,579,155 0 0 13,983,625 Interest 5,174,257 505,461 4,934,366 0 0 10,614,084 Bond Proceeds 22,421,780 2,864,276 21,382,254 0 0 46,668,310 Impact Fees 13,798,018 1,179,408 13,158,310 0 0 28,135,736 CarryForward 94,861,374 9,098,289 90,463,385 0 0 194,423,048 Total 332,650,600 51,290,176 224,243,874 81,219,691 104,757,848 794,162,189 12 Summary of Capital Expenditures A summary of the total project expenditures for all of the capital projects indentified within this CIE update is represented below. The expenditures are funded through various local, state and federal revenue sources as listed on Page 9. Expenditures ELEMENT FY 10 FY 11 FY 12 FY 13 FY 14 TOTAL Drainage 7,738,638 0 0 0 0 7,738,638 P . Water 5,810,645 1,300,000 3,780,000 22, 600, 000 18, 280, 000 51, 770, 645 S. Sewer 2,160,402 450,000 7,300,000 27, 300, 000 17, 500,000 54, 710, 402 Solid Waste 0 0 0 0 0 0 Parks & Rec 4,649,102 0 0 150,000 0 4,799,102 County Rds 47,039,936 1,633,971 10,133,971 1,633,971 133,971 60,575,820 Airport 9,450, 796 2,385,720 1,345,720 2,855,720 2,676,720 18, 714, 676 Port 2,202,000 0 2,617,000 0 1,116,157 5,935,157 State Roads 68,713,854 28,671,800 34,588,304 26,680,000 65,051,000 223,704,958 Mass Transit 12,410,000 0 0 0 0 12,410,000 Schools 172,475,227 16,848,685 164,478,879 0 0 353,802,791 Total 332,650,600 51, 290,176 224, 243, 874 81, 219, 691 104, 757, 848 794,162,189 13 `M Now CIE ANNUAL UPDATE FY 09/10 -13/14 Schedule of Capital Improvements 14 CIE ANNUAL UPDATE FY 09/10 - 13/14 Drainage Project # Project Title FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 3725-3112 Platts Creek Mitigation 100,000 3725-3631 10-Mile Creek 60,239 250;90A 250,09A 3725-425047 Lakewood Park Culvert Replacement 734,019 3725-425056 Indian River Estates Drainage Plan 312,503 200,890 299;AA0 3725-42507 Harmony Heights Drainage Impvmts 113,081 3725-42511 Paradise Park Drainage Improvements 2,300,000 3725-42512 NPDES Phase II Project 53,533 20G,900 2QQ,999 3725-4257 Orange Avenue Canal 354,653 3725-4258 White City Canals D, F and G 163,776 3725-4265 Sunland Gardens Drainage 150,000 3725-425056 Indian River Estates Drainage Plan 157,513 3725-42507 Harmony Heights Drainage Improvements 113,081 3725-425047 Lakewood Park Culvert Replacement 234,019 3725-4258 White City Canals D, F and G 54,798 3725-42511 Paradise Park Drainage Improvements 854,374 3725-4258 White City Canals D, F and G 108,978 3725-425056 Indian River Estates Drainage Plan 154,990 4113-3112 Platts Creek Mitigation 327,466 41131-425047 A 1 1 llz_'] 1 1 7i 1 7 Lakewood Park Culvert Replacement CrAAk 99,201 227,4656 4117-42518 PlattA Mitigation NPDES Phase II Project 53,533 3725-42511 Paradise Park Drainage 762,925 3725-43034 Orange Avenue E C-54 Culvert 350,000 3725-4322 Carlton RD E C-24 Culvert 150,000 3725-4918 Canal 103 (1-95 to Recover) 56,671 4115-3808 Lakewood Park Drainage 750,000 41131-43035 Midway Road Cross Drain 100,000 41131-43037 C-23 OutFall E Carlton Ranch 150,000 41131-4323 Glades Cutoff Over C-24 150,000 Total 9,296,819 650,000 650,000 Deletions are shown in 616ke threegi+; additions/changes are shown in Underline. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 15 CIE ANNUAL UPDATE FY 09/10 - 13/14 Potable Water Project # Project Title FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 44i6 3816 3600-35103 Rock Road Water Main 66,908 320,000 320,000 3600-35104 U.S. Highway 1 Water Main 22,700 225,000 3600-35105 Indrio Road Water Main Phase 2 1,000,000 2,000,000 3600-35106 Range Line Road Water Main Interconnect 2,500,000 3600-35210 N. County Deep Injection Well 70,000 3,500,000 3,500,000 3600-35211 N. County Aquifer Wells 1,000,000 700,000 3600-3616 N. County Water Treatment Plant 250,000 13,000,000 11,750,000 3600-3634 1 Million Gallon Tank@ Fairgrounds 1,300,000 3600-3640 Brine Line at Holiday Pines 150,000 75,000 500,000 3600-3641 Water Interconnect - Kings Hwy./Picos Rd. 50,000 3600-3914 Holiday Pines Water Plant Expansion 909,375 3602-300 N. Hutchinson System Improvements 120,000 260,000 4b0 9A0 200,000 3602-362027 N. Hutchinson Lift Station Improvements 30,000 30,000 30,000 30,000 3602-3638 N. Hutch. 1 Million Gallon Tank 900,000 900,000 4115-3804 Indian River BSBU-Potable Water 3,138,155 3600-093603 N. County Main Extension 100,000 100,000 3600-093604 N County Fairground Feeder 650,000 3600-093605 N County St. Lucie Blvd Main 650,000 3600-093606 N County Kings Highway Main 650,000 3600-093607 N County Indrio Main 1,100,000 Total 2,472,075 4,688,155 3,930,000 22,800,000 18,280,000 Deletions are shown in Strike through; additions/changes are shown in Underline. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 16 CIE ANNUAL UPDATE FY 09/10 - 13/14 Sanitary Sewer Project # Project Title FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 3600-49 N. GGURty SeweF Expan6ioR 4 &1 4,97-6,7-96 333,783 !,G04,409 3600-200 3600-3615 Ailrpelrt Water4eww Systme ImpirGvemeA16f�8888 260,000 15,500,000 13,000,000 N. County Wastewater Plant 3600-3646 Indrio Road Force Main 1,000,000 2,000,000 3602-3636 N. Hutch. Wastewater Plant Expansion 609;989 3,600,000 3,500,000 3,500,000 3602-3639 N. Hutchinson Force Main Expansion 300,000 3,500,000 3,500,000 4200-48004 Airport West Sewer 611,350 3600-093602 Emerson Ave Force Main 200,000 3600-093602 N. County WW Main Extension 100,000 100,000 3600-093602 N. County Midway Force Main 2,000,000 3600-093602 US1 Force Main Ext. 873,132 3600-093602 N. County Main Extension 200.000 150,000 300,000 200,000 200,000 Total 1,684,482 1,200,000 7,300,000 27,300,000 17,500,000 Deletions are shown in StcikethFo N; additions✓changes are shown in Underline. The funding amount programmed during FY 09/10.13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 17 CIE ANNUAL UPDATE Solid Waste FY 09/10 - 13/14 Project # Project Title FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 There are no public funded improvements programmed for Solid Waste during FY 2009110 - 2013114 The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 18 CIE ANNUAL UPDATE FY 09/10 - 13/14 Parks & Recreation Project # Project Title FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 7420-7655 New Fairgrounds Capital Improvement 7210-75009 Lawnwood Rec Area Maint Improvements 7210-7664 St Lucie Village Heritage Trail 7210-7692 Lakewood Park Traffic Decel & Turn Lane 7210-3631 10-Mile Creek 7210-7610 South Causeway Improvement Project 7210-7690 Boys & Girls Club Rec. Facility 7210-7696 ADA Special Needs Park 7210-7697 Martin Luther King Jr./Dreamland Park 7216-760046 Lincoln Park Community Center Improve. 7240-7601 Northport Improvements 7420-76550 New Fairgrounds Capital Imp II 7210-7610 South Causeway Improvement Project 7210-760018 Dan McCarty Parking Lot 7210-760046 Lincoln Park Community Center Improve. 7240-2614 Gymnasium/Special Needs Shelter 7420-7655 New Fairgrounds Capital Imp 7420-76550 New Fairgrounds Capital Imp II 7210-7698 Summerlin Boat Dock 1930-2614 Gymnasium/Special Needs Shelter 1930-26141 Gymnasium/Special Needs Shelter 7210-75012 Walton Community Center 7240-76022 Ravenswood Pool 7420-7803 Fairgrounds Wastewater Expansion - Tank 96,968 Baseball Restrooms/Concession 400,447 Land Acquisition 300,000 Emerson Sidewalk 201,210 Trail & Campsite Improvements 150,000 Design & Permitting 202,382 100,000 375,000 Soccer Field, Interactive Fountain - Grant Match 59,053 46,350 River Park Marina Environmental Mitigation 67,766 Arena Restrooms/Concession & Office Bldg 72,204 Design & Permitting- FIND Grant Match 166,202 Soccer Field Improvements 265,000 59,000 101,620 Wastewater Expansion - Tank 96,968 Arena Restrooms/Concession & Office Bldg 65,897 Expansion of T Dock- Find Grant Match 100,000 Renovations 2,343,019 Renovations 369,713 Improvements 50,000 Refurbishment 102,038 FEMA Refurbishment 67.321 TOTAL 5,858,158 0 0 0 0 Deletions are shown in 84cike threugh; additions/changes are shown in Underline. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 19 CIE ANNUAL UPDATE FY 09/10 - 13/14 Transportation -County Roads Funding Current Total Cost Project # Project Title FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 09' - 11' "` Los. Estimate'.' 4112-4906 Unincorportated Bike Paths/Sidewalks 550,267 550,267 N/A 4113-4101 Phase I Prima Vista (US1-RioMar) 79,153 79,153 N/A 4113-4122 Midway Rd/S. 25th to Turnpike 7,850,000 7,850,000 E 4113-4123 Kings Hwy@Orange Ave Intersect Imp 2,500,000 2,500,000 D 4113-4169 Lennard Rd. R/W Acquisition 411,292 411,292 E 4113-4176 Kings Hwy and Angle Road Study 4,236,478 4,236,478 D 4113-4178 Kings Hwy (SR 70to U.S.1) 725,000 725,000 D 4113-43106 St. James Drive Sidewalk 55,000 55,000 3464144 Kings Hwy/Indrio Rd. Signal -Modify 3,464,144 3,464,144 D 4113-470 Sidewalks & Bikepaths 1,077,197 1,077,197 N/A 4113-4700 Juanita Avenue Sidewalk/Bike Paths 1,400,000 1,400,000 C 4113-4702 Angle Road Sidewalk 1,485,843 1,485,843 C 4115-4502 N Lennard Road MSBU 103,291 103,291 E 4115-4123 Kings Hwy@Orange Ave Intersect Imp 172,263 172,263 D 4115-4410 1-95@W Midway Rd Interchnge (E Side) 202,526 202,526 E 4116-41003 Jenkins Rd (End Wal-Mart to Edwards) 1,312,525 1,312,525 N/A 4116-41011 Walton Rd (Village Green-Lennard) 1,800,871 1,800,871 D 4116.4104 Midway (U.&1-25th) 147,823 147,623 F 4116-4108 S. 25th St. -Phase 1 1,095,157 1,095,157 C 4116-4109 S. 25th St. -Phase 2 300,000 304,130 4116-4118 Midway Rd-W of Trnpk Erg E to S.25thSt 5,270,131 5,863,421 E 4116-4122 Midway Rd/S. 25th Turnpike 700,000 700,000 4116-4123 Kings Hwy@Orange Ave Intersect Imp 167,253 2-,699,990 167,253 D 4116-4164 Glades Rd & Selvitz 732,387 732,387 C 4116.4165 Midway Rd. & Weatherbee Rd 469900 2.sg9;99g E 4116-4169 Lennard Rd. R/W Acquisition 3,661,605 3,661,605 N/A 4116-4172 Lennard Road Phase 2 2,000,000 2,000,000 E 4116-4174 Kings Hwy Widening (Angle to SR 70) " 1,500,000 1,500,000 D 4116-4176 Kings Hwy and Angle Road Study " 250,000 6,500,000 250,000 D 4116-44001 Kings Hwy/Indrio Rd. Signal -Modify " 152,380 3,500,000 152,380 D 4116-440015 Midway & Selvitz Signals 100,000 100,000 E 4116-440016 Kings Hwy at St. Lucie Blvd 1,500,000 1,500,000 4-,600.00 1,500,000 4,500,000 D 4116-44011 Angle Rd/Ave Q Intersection 275,000 275,000 C 4116.4700 Juanita Avenue Sidewalk/Bike Paths 100,000 100,000 N/A 4116-4906 Unincorportated Bike Paths/Sidewalks 413,416 413,416 N/A 4116-4908 North Hutchinson Isle Bike Paths 110,189 110,189 N/A 4116-1905 Road Improvements 5,135,767 1,767,321 1,767,321 1,767,321 1,767,321 12,205,051 4116-464 Walton / US1 to Village Green 339,808 4116-466 Juanita Avenue Improvements 100,000 4113-41003 Jenkins Rd (End Wal-Mart to Edwards) 1,600,000 4113-4119 River Branch E. of S. 25th St. 385,570 Total 53,612,336 3,267,321 11,767,321 3,267,321 1,767,321 73,681,620 ' - the Level Of Service (LOS) will improve to a LOS "D" or better condition with each improvement Kings Highway is a State arterial with an adopted LOS "D" standard funding within the 5 -year timeframe may not represent the total construction cost necessary to implement the project 8,500,000 13,250,000 13,000,000 13,000,000 6,500,000 4,000,000 Deletions are shown in SKtke4krengh; additions/changes are shown in Underline. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process 20 CIE ANNUAL UPDATE FY 09/10 -13114 Transportation -St. Lucie International Airport Project # Project Title Phase Fund FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 4220-48006 Construction Runway 9U27R CST 164,704 251,720 251,720 251,720 251,720 4220-480061 Construction Runway 9U27R CST 526,693 4220-480062 Construction Runway 9U27R CST 3,275,706 4220-480062 Construction Runway 91J27R DSN 237,628 4220-48015 Runway Rehab 132,769 4181741 Rehab Taxiway CST 2,850,000 4182741 Rehab Taxiway CST 2,428,000 4182711 Micro surface Runway CST 1,290,000 4207591 Customs Building CST 1,374,000 1,094,000 4207611 Construction Apron CST CST 760,000 1,314,000 1,,000 4239601 Construction Taxiway 550,000 550 4257261 Rehab Taxiway CST TOTAL 9,615,500 2,385,720 1,345,720 2,855,720 2,676,720 Note: Capacity enhancement projects at the Airport were not identified within the FY 2008109 - 2012/13 CIE Annual Update. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 21 ,��=emu CIE ANNUAL UPDATE FY 09/10 - 13/14 Transportation -Port of Ft. Pierce Project # Project Title Phase Fund FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 4315-46502 North Entrance to Port 4315-465016 Property Acquisition 4315-094650 Spoil Site Construction 4315-4657 Taylor Creek Improvement 4315-46506 Port Dredging 4259001 Taylor Creek Improvement 4259691 Port Dredging CST ACQ CST 760,000 837,557 278,600 CST 1,750,000 CST 867,000 CST 760,000 CST 682.000 Total 2,202,000 0 2,617,000 0 1,116,157 Note: Capacity enhancement projects at the Port were not identified within the FY200a/09 - 2012113 CIE Annual Update. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 22 CIE ANNUAL UPDATE FY 09/10-13/14 Transportation -State Roads Current Project 8 Project Title Phase Fund FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 LOS' I 4 PP 91H 438,600 PE L-9 k,330,999 P-9 TRIP 4-;330,900 230626E KINGS HWY FQA114 'Or, OVERPASS TO IPIDPIQ PO4D. APP I ANIFS PE 91H 2O0�00 PE L4 -= 4;636,909 P6 TRIP a;635;800 KINGS HWY FR SR-70 @ TPK TO S. OF 1- 2302562 95 OVERPASS, ADD LANES PE DIH 130,000 D PE LF 2,570,000 SR-70 FR OKEECHOBEE C/L TO MP 2302622 5.871, ADD LANES RRU NHAC 29,626,000 168,000 B RRU NHAC 62;763,609 SR-70 FR MP 5.860 TO MP 10.216, ADD 2302623 LANES RRU NHAC 292,000 292,209 CST NHAC 24,783,000 68,,660,079 ST. LUCIE COUNTY SE ENHANCEMENT 2302802 PROGRAM, IMPROVEMENTS CST SE Q9,688 693,000 711,000 N/A W. MIDWAY RD, FR S 25TH ST. TO US- 2314402 1, ADD LANES PE HPP 305,000 F ROW DSF ROW EB ROW LFF ROW XA 6,416,000 ROW XL 10,593,000 SSA 3,368,729 SR At FT. PIERCE TO SR5 - 2302971 RECONSTRUCT CST 7,088,000 1,881.000 INDRIO ROAD / I - 2303384 95 TO EMERSON PE 1,444,000 ST LUCIE SIGNAL MAINTENANCE 8 OP 4047421 ON STATE HIGH., TRAFFIC SIGNALS OPS DDR 142,000 149,000 155,000 157,000 162,000 N/A FT PIERCE SIGNAL SYS TRAFFIC SIGNAL OPERATIONS, TRAFFIC 4066102 SIGNALS OPS IDS 110,000 116,000 121,000 N/A FT PIERCE SIGNAL SYS TRAFFIC SIGNAL OPERATIONS, TRAFFIC 4066103 SIGNALS OPS IDS 126,000 132,000 N/A Deletions are shown in StFikeihFeugh; additions/changes are shown in Underline. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 23 CIE ANNUAL UPDATE 9x ...>,.z...r FY 09/10-13/14 Transportation -State Roads Cont. Current Project 8 Project Title Phase Fund FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 LOS ST LUCIE CO SIGNAL SYS ENHANCED OPERATIONS, TRAFFIC SIGNAL 4097302 UPDATE CST DDR 50,000 50,000 50,000 N/A PT ST LUCIE SIGNAL SYS, ENHANCED OPERATIONS, TRAFFIC SIGNAL 4097313 UPDATE CST DDR 82,000 86,000 N/A LENNARD RD. FR WALTON ROAD TO 4102621 SILVER OAK DR, ADD LANES CST XU G04600 6'Q4;Z'690 13,460,000 E SR-70 FR KINGS HWY TO JENKINS RD, 4107171 ADD LANES PE DDR 19 000 C CST GMR 24,546.000 CROSSTOWN PARKWAY -THIRD ENV CROSSING FR MANTH LANE TO US-1, 4108441 PD&E EMO STUDY PE BRAC 11,026,000 N/A PE 1,750,000 ROW 10, 300,000 ROW ROW ROW ROW ROW 21,428, 000 4174321 INDIAN RIVER DRIVE REHABILITATION PE 49000 C CST 4,000,000 1-95 FR OKEECHOBEE RD TO INDRIO RD, ADD LANES & REHABILITATE 4130461 PVMNT PE DI 270,000 1,800,000 D RRU EBNH 9S8 a-19;786,,672 US-1 FR S. OF EMIL RD TO TAYLOR 4138471 CREEK BRIDGE, RESURFACING CST EB 207,000 D INC DDR 312,000 KINGS HWY FR E OF SP LK BLVD TO 4152931 SR-5/US-1, RESURFACING CST DIH 143,085 D CST DS 1,609,921 OKEECHO RD FR E. OF 10 MI CREEK 4152981 TO E. OF TPK BRIDGE, RESURFACING CST XA 454,000 B PT ST LUCIE FR TPK TO PETUNIA AVE, 4153021 RESURFACING CST DS 2,043,186 D INC DS, 3,193,000 55,000 EMERSON AVE FR COUNTYLINE 4180411 SOUTH, SIDEWALK CST SE 192,200 N/A EST L4- 307,800 Deletions are shown in Strike -through; additionstchanges are shown in Underline. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 24 CIE ANNUAL UPDATE FY 09110-13/14 Transportation -State Roads Cont. Current Project # Project Title Phase Fund FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 Los I SR-AlA FR MARTIN CO LINE TO MP 4196531 3,08, RESURFACING CST XA 4,381,000 C SR -Al A FR MP 3.08 TO MP 5.70, 4196532 RESURFACING CST XA 2,366,000 C SR-AlA FR MP 3.08 TO MP 5.07, 4196533 RD/SLOPE PROTECTION CST DDR 4,468.000 C 1-95 FR MP .739 TO MP 15.379, 4197151 RESURFACING CST EBNH 1,025,000 D INC EBNH I-95 FR MP 0.000/6,018 TO MP 4197152 .739/7.131, RESURFACING CST EBNH 3,452,000 D SR-AlA BRIDGE # 940085, BRIDGE- 4213141 REPAIR CST BRRP 2,072,000 C ST JAMES DR FR OXBOW ENVIRONTL CTR TO RIVER'S EDGE ELEM SCH, 4221711 BIKE LANE/SIDEWALK CST LF 120,000 C CST SE 201,000 ANGLE RD-ORANGE AVE NORTH 53RD 4221991 ST, SIDEWALK LAR ACSE 441,000 C 1-95 FR MARTIN C/L TO SR-70, 4226812 PDBFJEMO STUDY FIDE NHAC 2,900,000 C SR-AlA FR OCEAN HARBOUR DR TO 4228421 INDIAN RIVER C/L , SIDEWALK CST DS 1,002,000 N/A ST LUCIE CO PED/SIDEWALK RESERVE 4228701 FOR MPO, SIDEWALK CST DDR 98 000 200,000 N/A US-1 FR MP 20.89 TO SLC LINE, 4229541 RESURFACING CST DDR 1,378,000 B SR-70 FR JENKINS RD TO US-1, 4229561 RESURFACING CST DS 8,732,000 C KINGS HWY FR INDRIO RD TO E. OF SP 4229571 LK BLVD/MP9.5, RESURFACING CST DDR 2,747,000 D ORANGE AVE FR WEST OF 1-95 TO 4.5 4230221 MILES, SAFETY PROJECT PE HSP 300,000 N/A CST HRRR 1,000,000 CST HSP 1,931,304 Deletions are shown in Sfcikeihreugh; additions/changes are shown in Underline. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. W CIE ANNUAL UPDATE FY 09/10-13/14 Transportation -State Roads Cont. Current Phase Fund FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 LOS I Project N Project Title SR -Al AFR EMERGENCY CROSSING TO COUNTY LINE ST LUCIE, 4 306,000 C 4230341 RESURFACING CST DDR N/A 4231151 SR-5 @ PORT ST LUCIE BLVD, SAFETY PE DIH 11,000 CST HSP 623,000 13TH ST FR VIRGINIA AVE TO AVE O., N/A 4231961 SIDEWALK CST SR2S 676,848 WEATHERBEE RD FR US-1 TO MIDWAY N/A 4231971 RD, SIDEWALK CST SR2S 1,099,200 14TH ST BRIDGE OVER MOORE'S CREEK, PEDESTRIAN SAFETY 4238151 IMPROVEMENT CST LF 696000 4241431 KINGS AT INDRIO ADD TURN LANES ROW LF 3,818.000 ROW TRIP 3,818,000 424764 KINGS (ORANGE .& SR70) RESURFACE PE 323,000 2,030,000 CST USt - SIDEWALK MARTIN CO. & PSL 125.000 4257741 BLVD CST 4263731 SR 70 - JENKINS TO US1 PEDESTRIAN CST 920.000 KINGS HWY - INDRIO & SPANISH 4263732 LAKES BLVD - FED CST 1,809,000 MIDWAY - US1 TO S. 25TH ST 9,758,000 4251521 RESERVE CST 4259681 TREASURE COAST BIKE TRAIL CST 1,600,000 W ESTMORELAND - BAKERSFIELD TO 4262041 CAMBRIDGE CST 1,754,000 4262051 13TH ST - ORNAGE TO AVENUE I CST 2,400.000 4262091 JUANITA AVE BRIDGE REPLACEMENT CST 2,889,000 4263841 SW CALIFORNIA- SIDEWALK CST 150,000 Deletions are shown in StfikeaHredgh; additions/changes are shown in Underline. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 26 RXIMM WE CIE ANNUAL UPDATE SUM FY 09/10-13/14 Transportation -State Roads Cont. Project p Project Title Phase Fund FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 OLEANDER - SUNRISE TO VIRGINIA - 4263851 BIKE LANE CST 575,000 Total 73,761,354 163,095,557 117,308,710 88,607,798 66,051,000 Phase PE = design ROW = right-of-way acquisition CST = construction RRU = rehabilitation OPS = traffic signal operations INA = inspection INA = inspection DBS = federal highway construction FIDE = project development and environmental adopted Level Of Service for State Arterials is Peak Hour/Direction "D". Each project will either achieve or maintain a LOS "D" or better condition Deletions are shown in &4ke4hse00; additions/changes are shown in Underline. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 27 .. - CIE ANNUAL UPDATE • FY 09110 - 13/14 Transportation -Mass Transit Project # Project Title Phase Fund FY 2010 FY 2011 FY 2012 FY 2013 FY 2014j CAPITAL ASSISTANCE -CAPITAL 4134941 FOR FIXED ROUTE CAP FTA 9,003,000 4243881 PURCHASE BUSES CAP FTA 418,000 4910-400 INTERMODAL FACILITY 320,000 418841 PURCHASE BUSES CAP FTA 486,000 4243882 PURCHASE BUSES CAP FTA 226,000 4264021 CAP FTA 1,957,000 Total 12,410,000 Deletions are shown in Srrike threugl+; additions/changes are shown in Underline. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionat share eligibility will be made by the County during the site development application process. em CIE ANNUAL UPDATE FY 09/10 - 13/14 Schools Project Title FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 New High School AAA 107,685,358 New High School BBB 118,723,107 New K8 School FF (Old BB) 15,948,685 45,755,772 (Southbend) New K8 School GG (Old CC) 64,789,869 Add 6-8 to PSLE New K8 Allapattah Flats (School EE) Total 172, 475,227 15,948,685 164,478,879 The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 29 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA NOVEMBER 3, 2009 NOTICE OF PROPOSED COMPREHENSIVE PLAN TEXT CHANGE TO THE CAPITAL IMPROVEMENTS ELEMENT The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following by Ordinance: ORDINANCE NO. 09-029 AN ORDINANCE AMENDING ORDINANCE NO. 90-01, AS AMENDED, BY ADOPTING THE CAPITAL IMPROVEMENTS PLAN AND CAPITAL IMPROVEMENTS ELEMENT OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN, AN EXEMPT LARGE SCALE AMENDMENT; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT: ST LUCIE COUNTY PURPOSE: To provide an annual update to the Capital Improvements Element of the Comprehensive Plan as required by Chapter 163.3177 (3) (a) (6) (b) 1, F.S. LOCATION OF AFFECTED PROPERTY: UNINCORPORATED ST. LUCIE COUNTY 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, NOVEMBER 3, 2009, beginning at 6:00 P.M. or as soon thereafter as possible. Action can be taken at this meeting, or the item can be continued to a future date and time. 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. Please call 772/462-2822 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 St. Lucie County 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. 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 Risk Manager at least forty-eight (48) hours prior to the meeting at 772/462-1546 or T.D.D. 772/462-1428. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ PAULA A. LEWIS, CHAIR OCTOBER 22, 2009 GROWTH MANAGEMENT DEPARTMENT (Administration) MEMORANDUM TO: Board of County Commissioners Faye Outlaw, MPA, County Administrator Lee Ann Lowery, Assistant County Administrator FROM: Michael Brillhart, Capital Improvement Manager 2-3 DATE: November 3, 2009 SUBJECT: Modified Pages in the FY 2009/10 — 2013/14 CIE Update Specific pages to the attached Annual Capital Improvements Element (CIE) Update for FY 2009/10 — FY 2013/14 as referenced in Exhibit A have been modified. All of the modifications are specific to pages within the "Schedule of Capital Improvements" section beginning on page 14. These modified pages include changes to the capital improvement schedules for drainage, sanitary sewer, parks & recreation, county roads and state roads as shown on modified pages: 15, 17, 19, 20 and 27. The modifications are highlighted in "gray shade". Only those pages mentioned above within the schedule of capital improvements have been modified and the remainder of the Annual CIE Update remains unchanged. The original CIE Update that was distributed last week should be replaced with this modified CIE. Staff wishes to apologize for any inconvenience to you based upon these changes. `C06UNTY A z4 . 4 F L,O R I D A - A AGENDA REQUEST ITEM NO. VII-A DATE: 11/03/09 REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart WR SUBMITTED BY: Growth Management Department Capital Improvements Manager SUBJECT: Annual update to the Comprehensive Plan Capital Improvements Element (CIE) for FY 2009/10 — FY 2013/14. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board adoption of Ordinance 09-029 updating the Capital Improvements Element for FY 2009/10 — FY 2013/14. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/SiA/ gnatures County Attorney ( ) OMB Director ( ) Budget Analyst Daniel S. McIntyre County Engineer ( ichael owlet' Originating Dept. ( ) Mark Satterlee Mal Marie Gouin Robert ullivan Parks & Rec. ( ) Debra Brisson Other ( ) c4 N T Y ` F; L G R, 1 p A TO: Board of County Commissioners Growth Management MEMORANDUM THROUGH: Mark Satterlee, Growth Metor FROM: Michael Brillhart, Capital Improvements ManagerNd DATE: November 3, 2009 SUBJECT: Annual Update to the Comprehensive Plan Capital Improvements Element (CIE) for FY 2009/10 — FY 2013/14 ITEM NO. VII-A Background: In 1990, the Board of County Commissioners enacted Ordinance No. 90-01, adopting the St. Lucie County Comprehensive Plan, Capital Improvements Element (CIE). Chapter 163.3177(3)(a)(6)(b)1, F.S. requires an annual update to the Capital Improvements Element. The procedure for updating the CIE is through a plan amendment that requires only one adoption public hearing with the Board of County Commissioners and is exempt from the twice a year Comprehensive Plan amendment cycle administered by the State Department of Community Affairs (DCA). Attached to this memorandum is a copy of proposed Ordinance No. 09-029 which would amend the St. Lucie County Comprehensive Plan, Capital Improvements Element for FY 2009/10 — FY 2013/14. Substantive changes to this fiscal year's CIE Update are shown on pages 15 through 29 of Exhibit A with capital project deletions shown in strike thm „h and additions or cost modifications shown in underline. Among the most notable changes between the adopted FY 2008/09 — 2012/13 CIE and the proposed FY 2009/10 — 2013/13 Update include the following: • Completion of improvements to MLK/Dreamland Park during FY 08/09. • Elimination of funding in the amount of $110,786,682 during FY 2011/12 for the reconstruction of 1-95 between Okeechobee Road and Indrio Road. Completion of a new flight training runway and taxiways at the St. Lucie International Airport during FY 2008/09. Proposed funding in the amount of $28.5 million for a new North County wastewater treatment plant and $25 million for a water treatment plant in FY 2013 and 2014. Previous Action: November 25, 2008 — BOCC adopted Ordinance No. 08-036 amending the comprehensive plan Capital Improvements Element for FY 2008/09 — FY 2012/13 in consideration of the annual update requirement. April 28, 2009 - BOCC adopted Ordinance No. 09-015 amending Ordinance 08-036 and the accompanying CIE update through substantive changes in the revised "Revenue Sources" table shown on page 12 of the update based upon final revisions to the State 5-Year Transportation Work Program during FY 2008/09 — FY 2012/13. Recommendation: Board adoption of Ordinance 09-029 updating the Capital Improvements Element for FY 2009/10 — FY 2013/14. ORDINANCE NO. 09-029 AN ORDINANCE AMENDING ORDINANCE NO. 90-01, AS AMENDED, BY ADOPTING THE CAPITAL IMPROVEMENTS PLAN AND CAPITAL IMPROVEMENTS ELEMENT OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN, AN EXEMPT LARGE SCALE AMENDMENT; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County enacted Ordinance No. 90-01, adopting the 1990 St. Lucie County Comprehensive Plan, which was subsequently amended in accordance with State Law, and WHEREAS, the amendment of the Capital Improvements Element is exempt from the twice yearly large scale amendment process under Section 163.3187(1)(f), Florida Statutes, which requires an annual update to the Capital Improvements Element, and WHEREAS, the Board has followed the procedures set forth in Section 163.3187(1)(f), Florida Statutes, and WHEREAS, the Board has followed the procedures set forth in Sections 163.3177(3)(b)2, Florida Statutes, stating that Capital Improvements Element amendments adopted after the effective date of this act [July 1, 2005] shall require only a single public hearing before the governing board which shall be an adoption hearing as described in s. 163.3184(7). Such amendments are not subject to the requirements of s. 163.3184(3)-(6).. WHEREAS, the Board has substantially complied with the procedures set forth in the Implementation Element of the Comprehensive Plan regarding public participation; and WHEREAS, on November 3, 2009, the Board held a public hearing with all required public notice for the purposes of hearing and considering the recommendations and comments of the general public prior to final action on the Comprehensive Plan amendments set forth herein; and WHEREAS, the Board hereby finds that the Comprehensive Plan, as amended by this ordinance, is internally consistent with and compliant with the provisions of State law 1 including, but not limited to, Part II, Chapter 163, Florida Statutes, the State Comprehensive Plan, and the Strategic Regional Plan of the Treasure Coast Regional Planning Council; and WHEREAS, the Capital Improvements Element must be financially feasible with committed and planned revenues for capital improvements during fiscal years 2009/10 through 2013/14 that will ensure adequate capacity based upon the demands of future growth. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Legislative Findings. The above recitals are true and correct in form and include legislative findings which are a material part of this Ordinance. Section 2. Text Amendment. The text of the Comprehensive Plan is hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by this reference, and as noted in the following table: Ordinance Amendment Amended LPA Hearing BCC Hearing Exhibit Topic Elements Date Date Capital Improvements Capital Not Required 11/03/09 A Element-2009 Improvements Update Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Transmittal. The County Growth Management Director is hereby directed to ensure that this Ordinance and all necessary supporting data and analysis and other relevant documents are forwarded within ten (10) working days to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, and other agencies in 2 accordance with Section 163.3184, Florida Statutes, and Rule 9J-011(5), Florida Administrative Code. Section 5. Effective Date. This ordinance shall take effect upon filing a copy of this ordinance with the Florida Department of State by the Clerk of the Board of County Commissioners; provided, however, that the effective date of the Comprehensive Plan amendments set forth herein shall be twenty-two (22) days after the Florida Department of Community Affairs-► publication of a notice of intent to find the Comprehensive Plan amendments in compliance if no affected party challenges the Comprehensive Plan amendments, or if an affected party challenges the Comprehensive Plan amendments, when a final order is issued by the Florida Department of Community Affairs or the Administration Commission determining that the amendments are in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders or development permits, if dependent upon an amendment, may be issued or commence before an amendment has become effective. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team. An adopted amendment whose effective date is delayed by law shall be considered part of the adopted plan until determined to be not in compliance by final order of the Administration Commission. Then, it shall no longer be part of the adopted plan unless the Board adopts a resolution affirming its effectiveness in the manner provided by law, Section 6. Adoption. After motion and second the vote on this ordinance was as follows: Chair Paula A. Lewis XX Vice Chair Charles Grande XX Commissioner Doug Coward XX Commissioner Chris Craft XX Commissioner Chris Dzadovsky XX PASSED AND DULY ADOPTED this 3rd day of November, 2009. 3 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR s:\atty\ordnance\2009\09-029.doc APPROVED AS TO LEGAL FORM AND CORRECTNESS: 0 COUNTY ATTORNEY Exhibit A ANNUAL CAPITAL IMPROVEMENTS ELEMENT (CIE) UPDATE FY2009110 - FY2013114 t �� Rii—'� e CIE ANNUAL UPDATE FY 09/10 —13/14 Contents Page Mapof St. Lucie County......................................................................................................2 Purpose of the Capital Improvements Element (CIE) Annual Update .............................3 Adopted Goals and Objectives...................................................................................4 Relationship to Other Elements..................................................................................4 BackgroundData...............................................................................................................4 Differences between the FY 08/09 — 12/13 and FY 09/10 — 13/14 CIE Update......... 4 PopulationEstimates..................................................................................................5 Deminimus Impacts Report .......................................................................................5 Analysisof Needs......................................................................................................6 FinancialFeasibility............................................................................................................7 Committed Years One Through Three.......................................................................8 Committed and/or Planned Years Four and Five........................................................8 RevenueSources.......................................................................................................8 Public Facilities Level of Service for Required Elements................................................9 Levelof Service Table.................................................................................9 Level of Service Achieved or Maintained..................................................................10 Summary of Capital Improvement Projects....................................................................11 Revenue Summary ...........•••......._•.....12 Summary of Capital Expenditures............................................................................13 Schedule of Capital Improvements...........................................................................14 Drainage..................................................................................................................15 PotableWater..........................................................................................................16 SanitarySewer.........................................................................................................17 SolidWaste..............................................................................................................18 Parksand Recreation.... .......................... ........................... - ... ............................... 19 Transportation..........................................................................................................20 - County Roads.............................................................................................20 - St. Lucie International Airport ......................................................................21 - Port of Fort Pierce.......................................................................................22 - State Roads................................................................................................23 - Mass Transit...............................................................................................28 Schools....................................................................................................................29 1 CIE ANNUAL UPDATE FY 09110 -13114 Z 0 U z r ' d _ e . o @ -•--•- --, • ..�— +oaf � - _ ro s{ i S r _ g �•M � � • `iYu n-- - �. 1'3 i-- m `m a,p`�i,4ci� 1 �„' j ��'ne �%�•o, i � i C fU �i"� � � 1�"uae'tctxc�` ' I g oe .loowas — oovsr� ._ 1 I � on`R�loidii' ie:df aI � I I w I l � ! , — � I it J :`— —-------- -----`---'— —'— --- — ----- — —------------ ---------- ------------' �it—D aagoVoaagO t& 3a + r f.rp IMI CIE ANNUAL UPDATE FY 09/10 —13/14 Purpose of the Capital Improvements Element (CIE) Annual Update The Capital Improvements Element (CIE) annual update for FY 2009/10 — 2013/14 represents the County's amendment to the capital project schedule of the currently adopted CIE including the addition of the new fifth year (FY2013/14). The amended schedule includes projects that are needed to meet future demands of development in accordance with Section 163.3202 (2)(g), Florida Statutes. This CIE update contains the financially feasible 5 year schedule of capital improvements necessary to maintain the adopted level of service for the concurrency related public facilities identified within the St. Lucie County Comprehensive Plan. These facilities include: drainage, potable water, sanitary sewer, solid waste, parks and recreation, transportation and schools (Section 163,3189, Florida Statutes). The purpose of this Element is to "identify the need for, and program the provisions of necessary public facilities at the time that those facilities are needed as new developments are completed" (adopted St. Lucie County Capital Improvements Element, revised 2002). Each capital improvement identified within the updated CIE schedule is included within the County's adopted Comprehensive Plan. The process in developing the CIE demonstrates that a reasonable, measurable, affordable plan to reduce, eliminate or prevent facility deficiencies within the specified time frame has been established. The costs for projects may be paid for or contracted for in phases which are required to meet the adopted level of service standards as provided for within the Comprehensive Plan. This CIE annual update reflects the County's Five Year Capital Improvements Program (CIP) for the FY 2009/10 — 2013/14 timeframe. A statement of financial feasibility is demonstrated through the identification of both committed revenue and planned revenue anticipated to undertake project expenditures as shown within the 5 year schedule. The Capital Improvements Element is required to be updated annually to reflect the project improvements necessary to ensure adequate capacity and concurrence with new development in consideration of the new fifth (5th) year of the capital improvement program. In addition, the improvement schedule for each Element also includes projects which may reduce existing deficiencies, provide for necessary replacement and meet future demand in accordance with Rule 9J-5.016(1) (a) Florida Administrative Code. It should be noted that not all of the revenue necessary to construct each project to 100% completion during the 5-year period may be available. As such, a site development's eligibility for Proportionate Fair Share (PFS) mitigation cannot be based solely upon the placement of a capital project within the CIE update. 3 Adopted Goals and Obiectives The following goals and objectives were adopted as part of the Comprehensive Plan Capital Improvement Element in 1990 and are used in the preparation of the FY 2009/10 — 2013/14 CIE Update. GOAL 11.1: TO PROVIDE PUBLIC FACILITIES NECESSARY TO ACHIEVE AND MAINTAIN ADOPTED LEVEL OF SERVICE STANDARDS CONCURRENT WITH DEMAND THROUGH FISCALLY SOUND CAPITAL IMPROVEMENT PROGRAMMING AND BUDGETING. Objective 11.1.1: Define types of facilities, establish standards for level of service for each type of public facility, and determine what capital improvements are needed in order to achieve and maintain standards (as well as repair or replace existing public facilities). Objective 11.1.3: Within the County's financial capability, provide needed capital improvements for repair or replacement of obsolete or worn out facilities, eliminating existing deficiencies, and meeting the needs of future development and redevelopment caused by previously issued and new development orders. Relationship to Other Elements The Capital Improvements Element Update provides a summary of the needed capital facilities during the next five years as identified in the other Elements of the Comprehensive Plan. This includes those projects necessary to correct existing level of service deficiencies while providing for future needs. Deficiencies were determined by comparing the current facilities to the adopted level of service standards. Goal 11.1 and Objective 11.1.1 of the CIE serve as a basis for ensuring concurrence between the level of service with each Element and the required programming of projects within the CIE Update. Background Data Differences between the FY 08/09 — 12/13 and FY 09/10 — 13/14 CIE Update This document serves as the annual update to the FY08/09 — 12/13 CIE Update adopted by St. Lucie County in November of 2008. Among the major project differences from the previous CIE Update include the following: 1. The completion of South 25th Street from Edwards Road to Midway Road 2. The installation of Indian River Estates Pump Station 3. Completion of new flight training runway at the Airport 4. Completion of Avenue J. pedestrian bridge 5. Completion of improvements to MLK/Dreamland Park 4 CIE ANNUAL UPDATE FY 09/10 13/14 6. Completion of phase 1 sanitary sewer improvements at Airport West Commerce Park Population Estimates (Countywide): The population estimates for year 2009 and 2010 are based upon data compiled by the University of Florida's Bureau of Economic and Business Research (BEBR). The estimates for years 2010-2030 take into consideration a 1 % annual population increase. Estimates Year 2009: 272,864 Year 2010: 272,864 Year 2015: 286,507 Year 2020: 300,832 Year 2025: 315,874 Year 2030: 331,667 The projected location of future population growth on a countywide basis is consistent with the Traffic Analysis Zone (TAZ) zonal data used within the adopted St. Lucie TPO Year 2030 Regional Long Range Transportation Plan (RLRTP). Both residential based trip origination data and non-residential trip destination data were projected in conjunction with land use designations reflected on the adopted Future Land Use Map (FLUM). The population estimates are consistent with future residential dwelling unit projections multiplied by the average number of persons per dwelling unit for this area. De minimus Impacts Report A summary of new residential and non-residential building construction permits for 2009 is provided below through the month of September. Each residential lot was platted prior to 1990 and represents a de minimus (below maximum service volume) impact upon the roadway network, Concurrency mitigation was not required for any of the non- residential developments. Development did not impact roadway facilities that were operating above the 100% maximum service volume and, therefore, the impacts are de minimus in accordance with Section 163.3180(6), F.S. Month Single Family Permits Commercial Permits October 6 3 November 1 5 December 2 1 January 1 3 February 2 1 March 3 0 April 3 0 May 1 0 June 4 1 July 2 0 August 3 5 September 2 1 5 f CIE ANNUAL UPDATE FY 09110 — 13114 Analysis of Needs The determination of facility needs within each Element considers the level of service, required repairs or renovations that reflect new system capacity, and new growth demands for projects. A relative priority of need among facility types has been indicated through the extent of improvements scheduled within this CIE update. Due to recent reductions in local ad -valorem tax revenues based upon the passage of the voter approved State Amendment #1 in January 2008 together with reductions in sales tax, it will be more difficult to fund capital projects using local resources. Sufficient funding needed to implement transportation improvements to sustain level of service on the roadway network during the FY 2009/10 — 2013/14 timeframe will be compromised. Reductions in motor fuel tax receipts will also affect the programming of transportation projects. As such, roadway projects have been prioritized in consideration of available funding. The County will continue to take advantage of non -local revenue sources when available as earmarked for specific capacity enhancements, new facilities, and repairs and renovations. Projects funded and programmed within the CIE are consistent with and supports the Future Land Use Element as well as Goal 11.1, Objective 11.1.1, and Objective 11.1.3 of the Capital Improvements Element. The projects summarized in the Schedule of Capital Improvements have been previously identified in the following Elements within the adopted St. Lucie County Comprehensive Plan: drainage, potable water, sanitary sewer, solid waste, parks & recreation, transportation and schools. Each project has been prioritized in consideration of available 5 year funding. The analysis of needs for each Element is summarized below. Drainage: the drainage improvement needs as identified and prioritized within the CIE schedule are determined through an analysis of the required storm -water management resources necessary to maintain a 10 year/24 hour storm event within adjacent primary basin and outfall areas. This analysis is consistent with the County's involvement in maintaining National Pollutant Discharge and Elimination System (NPDES) standards administered by the United States Environmental Protection Agency (EPA) and the State Department of Natural Resources and directly linked to the impacts of land development activity upon the adjacent surface water system. Potable Water the improvement needs for potable water is consistent with the 10-Year Water Supply Facilities Work Plan for St. Lucie County in concurrence with the South Florida Water Management District. The analysis for potable water demand is based upon the need to provide 110 gallons per capita/per day of capacity in consideration of population growth. As shown on the project schedule for potable water, the County is Co emphasizing project funding for capacity improvements related to the North County service area. Sanitary Sewer: the improvement needs for sanitary sewer considers the 10-Year Water Supply Facilities Work Plan for St. Lucie County. The demand for each project directly correlates to the need to provide 100 gallons per capital/per day of capacity for each ERD. As shown on the project schedule for sanitary sewer, the County is emphasizing project funding for capacity improvements related to the North Hutchinson Island waste water treatment plant. Solid Waste: the existing solid waste facility has sufficient capacity to meet the 9.31 pounds per capita/per day demand over the next five years. The County does not have any capital improvements programmed at the facility during the CIE Update for FY 09/10 — 13/14. Parks and Recreation: the County is required to provide a minimum level of service standard of 5 acres of regional park land area for every 1,000 residents. The analysis of needs takes into consideration the parkland area (in acres) available for both active and passive recreational activities. As such, many of the projects within the County's capital improvements program include the expansion of recreation opportunities at existing parks and recreational facilities. Transportation: the analysis of needs for roadways are tied to the adopted peak hour/ direction level of service "E" standard for county roads and a peak hour/direction level of service "D" standard for state roads. Traffic count data is collected annually and used in the County's roadway level of service analysis. Mass transit improvement needs are based upon ridership data and headway times for the current year and five year forecast as determined by Community Transit Inc. of the Treasure Coast. Typically there is limited annual funding available to the transit authority through ridership fares and, therefore, mass transit is dependent upon state and federal funding for capital such as the acquisition of buses. Schools- : the analysis of needs for school facilities were determined using a 100% capacity for all schools level of service standard required by the Florida Department of Education. This includes an analysis of current student enrollments at each school and a review of total facility classroom space district -wide divided by the number of students that attend schools within the district. The projects identified within the schedule were taken directly from the St. Lucie County School District's 5-Year Work Program. Financial Feasibility St. Lucie County has prepared this CIE annual update as a demonstration of financial feasibility for its adopted five year capital improvements plan and to provide assurance 7 CIE ANNUAL UPDATE FY 09/10 -13/14 of available revenue through committed and planned sources to implement the schedule of capital improvements. This update is being transmitted to State Department of Community Affairs in accordance with Section 163.3177 (3)(b), F.S., which states that "the expenditures for capital projects do not exceed the amount of revenue programmed or planned for during the 5 year period". Sufficient revenue has been committed in the first three (3) years to provide for the expenditure of project funding during FY 09/10 — 11/12. Funding for FY 12/13 — 13/14 includes both committed and planned revenues. Each capital project identified within this CIE shall have a minimum cost of $25,000 as referenced within the adopted and revised Capital Improvements Element (2002). However, most of the capital project costs that add system capacity from new development demand will exceed $50,000 based upon current day costs. A public facilities capital improvement may include design and land acquisition as part of the total project construction cost. For purposes of this CIE, a capital improvement cost shall include infrastructure, facilities and equipment "which are large scale and high in cost... generally nonrecurring and may require multi -year financing" in accordance with Rule 9J-5.003(12), Florida Administrative Code. The adopted County Capital Improvements Program (CIP) and State DOT Work Program representing FY 2009/10 — 2013/14 may contain non -capacity enhancing projects necessary for the continuation of on -going infrastructure priorities. As such, there is not an equivalent total project cost comparison between the CIE, CIP and State DOT Work Program. Committed Years 1-3 (FY 2009110 — 2011112) - funding under the first three years of the CIE represents the funding that is committed and currently available from specific funding sources and is included as part of the first three years of the St. Lucie County Capital Improvement Program (CIP) or the State's Five Year Work Program. Committed and/or Planned Years 4-5: (FY 2012113 — 2013I 4) - funding during years four through five represents both committed (currently available and programmed) funding and/or planned funding (currently not available but will be committed once the specific revenue source has been secured during the 5 years of this CIE update). Revenue Sources St. Lucie County shall use the following revenue sources in order to meet the demands for projects identified within each facility Element: • ad valorem taxes • impact fees • utility connection fees and user rates • state revenue sharing • one-half cent sales tax • franchise fees • gas taxes (constitutional gas tax, local option gas tax, county gas tax, motor fuel rebate) • state and federal revenues • bond proceeds • MSBU and MSTU State and federal revenue sources for transportation improvements and mass transit include the state transportation trust fund, state TRIP funds, the Federal Highway Administration (FHWA) highway trust fund, and Federal Transit Administration (FTA) trust funds. Public Facilities Level of Service for Required Elements A summary of the level of service for each Element identified within the adopted St. Lucie County Comprehensive Plan is provided below. The list of projects identified in the Schedule of Capital Improvements depicts those projects that will need additional capacity (exceeds or will exceed the acceptable level of service standard) as a result of future growth sometime during the FY 09/10 — 13/14 time frame. Level of Service Table Public Facility Level of Service Service Area Drainage 10 year/24 hour storm event Countywide, by basin Potable Water 110 gallons per capita per day Unincorporated areas Sanitary Sewer 100 gallons per capita per day Unincorporated areas Solid Waste 9.31 pounds per capita per day at landfill Countywide Parks & Recreation 5 acres of regional park/1,000 population Countywide Transportation Local collectors = D peak hour/direction Countywide County arterials = E peak hour/direction Countywide State roads = D peak hour/direction Countywide Mass Transit = < 30 minute headways Countywide Schools 100% of program capacity for all schools; 90% of FISH capacity for Title 1 schools Countywide It should be noted that not every capital facility deficiency or existing backlog roadway can be funded for improvements over the next five years. The improvements programmed during the first three (3) years have committed funding. However, funding I h+ ' CIE ANNUAL UPDATE FY 09/10 -13/14 during years four (4) and five (5) may be either committed or planned for based upon anticipated revenue forecasted by the County and State. In addition, some capital projects identified within the schedule may have only limited funding in the CIE Update necessary to fully implement the capacity improvement. As such, these roadways are ineligible to receive proportionate fair share funding from developments that could impact the facility. Funding completion for such projects may take place in the new fifth year of future CIE annual updates. Level of Service Achieved or Maintained The level of service standard adopted by the County for each Element will be maintained or achieved during FY 09/10 — 13/14 through the capital improvements committed and/or planned for in this Update. Each project will ensure that the minimum level of service standard required to achieve concurrency and financial feasibility will be met. Drainage — improvements that are identified and prioritized within the CIE schedule have been determined through an analysis of required storm -water management resources necessary to maintain a 10 year/24 hour storm event. This effort is consistent with the County's involvement in maintaining National Pollutant Discharge and Elimination System (NPDES) standards. The capital projects reflected within the schedule will allow the 10 year/24 hour storm event level of service to be maintained in areas where current surface water management practices are in place and achieved in areas where storm water/drainage projects are programmed over the next 5 years. Potable Water — the potable water improvements schedule is consistent with the 10- Year Water Supply Facilities Work Plan for St. Lucie County adopted in concurrence with approval by the South Florida Water Management District. Each project considers the population growth based demand capacity required to meet the County's 110 gallons per capita/per day level of service standard. Sanitary Sewer — the sanitary sewer improvements schedule is compatible with the 10- Year Water Supply Facilities Work Plan adopted for St. Lucie County. Each project considers the population growth based demand capacity required to meet the County's 100 gallons per capita/per day level of service standard. Solid Waste — the existing solid waste facility has sufficient capacity to meet the demand based upon 5 year growth projections. The 9.31 pounds per capita/per day capacity level of service standard at the landfill will be maintained during the 5 year window such that no capital improvements need to be programmed as part of this CIE Update. 10 -alnzi diiu r-cecrearlon —the requirement to provide 5 acres of regional park land per 1,000 population has been maintained and achieved through the programming of the parks and recreational capital improvements shown in the schedule. Many of the projects in the schedule include the expansion of both passive and active recreation opportunities at existing facilities. Transportation (County Roads) - the maintenance or achievement for traffic on county roadways in consideration of growth demand is based upon a peak hour/direction level of service "E" standard as adopted within the Comprehensive Plan. Projects programmed by the County will maintain or achieve the level of service "E" standard (maximum service volume for "E") in consideration of population growth during the 5 year horizon. Transportation (State Roads) - the maintenance or achievement for traffic on state roadways in consideration of growth demand is based upon a peak hour/direction level of service "D" standard as adopted within the Comprehensive Plan. Projects programmed by the State DOT will maintain or achieve the level of service "D" standard (maximum service volume for "D") in consideration of population growth during the 5 year horizon. Transportation (Mass Transit) - the capital improvements programmed by the State DOT for implementation by Community Transit Inc. of the Treasure Coast will assist in maintaining or achieving the < 30 minute headway level of service standard for bus operations. Schools - school facility needs as reflected within the schedule for the 5 year time frame is consistent with the requirement to provide sufficient classroom and school site facility to maintain and achieve the 100% capacity level of service standard required for all schools as determined by the Florida Department of Education. The capital projects shown in the schedule will provide the school facility capacity to meet current student enrollment projections for the 5 year window and is consistent with the St. Lucie County School District's 5-Year Work Program. Summary of Capital Improvement Projects The capital improvements depicted within the schedule of capital projects, as shown on pages 14 — 24, will maintain the adopted level of service standards for the following Elements: drainage, potable water, sanitary sewer, solid waste, parks and recreation, transportation and schools A capital facility within the schedule may become deficient anytime during the 5 year time frame of this annual update prior to implementation of the improvement. 11 h �[I f�E.'°! CIE ANNUAL UPDATE FY 09/10 -13/14 Revenue Summary A summary of the revenue projections by source for the FY 09/10 - 13/14 timeframe is shown below. REVENUE SOURCES 77� FUND FY 09/10 FY 10/11 FY 11/12 FY 12/13 13/14 TOTAL Drainage: MSBU 6,345,683 0 0 0 0 6,345,683 FHWA 1,006,022 0 0 0 0 1,006,022 LOFT 386,933 0 0 0 0 386,933 Potable Water: Interest 522,958 169,000 491,400 2,938,000 2,376,400 6,497,758 Loan Proceeds 3,19S,855 871,000 2,532,600 15,142,000 12,247,600 33,989,055 Fees 232,426 39,000 113,400 678,000 548,400 1,611,226 Revenue Sharing 697,277 78,000 226,800 1,3S6,000 1,096,800 3,4S4,877 Utility Charges 1,162,129 143,000 415,800 2,486,000 2,010,800 6,217,729 Sanitary Sewer: Interest 280,852 58,500 949,000 3,549,000 2,275,000 7,112,352 Loan Proceeds 1,447,469 301,500 4,891,000 18,291,000 11,725,000 36,655,969 Fees,, 64,812 13,500 219,000 819,000 S25,000 1,641,312 Revenue Sharing 129,624 27,000 438,000 1,638,000 1,0S0,000 3,282,624 Utility Charges 237,645 49,500 803,000 3,003,000 1,925,000 6,018,145 Parks & Recreation: Impact Fees 790,347 0 0 25,500 0 815,847 Service Fees 511,401 0 0 16,500 0 527,901 MSTU 1,162,276 0 0 37,500 0 1,199,776 Loans & Bonds 2,185,078 0 0 70,500 0 2,255,578 County Transportation: T. Trust Fund 188,160 49,019 2,736,172 49,019 0 3,022,370 LOFT 1,881,597 473,852 1,013,397 473,852 66,986 3,909,684 Impact Fees 30,575,958 751,627 2,736,172 751,627 0 34,815,384 Revenue Sharing 14,111,981 179,737 1,925,454 179,737 0 16,396,909 Gas Tax 282,240 179,736 1,722,776 179,736 66,985 2,431,473 Airport 9,450,796 2,385,720 1,345,720 2,855,720 2,676,720 18,714,676 Port 2,202,000 0 2,617,000 0 1,167,157 5,935,157 State Transportation: FDOT Fund. 68,713,854 28,671,800 34,588,304 26,680,000 65,051,000 223,704,958 Transit 12,410,000 0 0 0 0 12,410,000 School: Advalorem 29,320,794 2,69S,790 27,961,409 0 0 59,977,988 1/2 Sales Tax 6,899,009 505,461 6,579,155 0 0 13,983,625 Interest 5,174,257 505,461 4,934,366 0 0 10,614,084 Bond Proceeds 22,421,780 2,864,276 21,382,254 0 0 46,668,310 Impact Fees 13,798,018 1,179,408 13,158,310 0 0 28,135,736 Carry Forward 94,861,374 9,098,289 90,463,385 0 0 194,423,048 Total 332,650,600 51,290,176 224,243,874 81,219,691 104,757,848 794,162,189 12 CIE ANNUAL UPDATE FY 09/10 —13/14 Summary of Capital Expenditures A summary of the total project expenditures for all of the capital projects indentified within this CIE update is represented below. The expenditures are funded through various local, state and federal revenue sources as listed on Page 9. Expenditures ELEMENT FY 10 FY 11 FY 12 FY 13 FY 14 TOTAL Drainage 7,738,638 0 0 0 0 7,738,638 P . Water 5,810,645 1,300,000 3,780,000 22,600,000 18, 280, 000 51, 770, 645 S . Sewer 2,160, 402 450,000 7,300,000 27, 300, 000 17, 500, 000 54, 710, 402 Solid Waste 0 0 0 0 0 0 Parks & Rec 4,649,102 0 0 150,000 0 4,799,102 County Rds 47,039,936 1,633,971 10,133,971 1,633,971 133,971 60,575,820 Airport 9,450,796 2,385,720 1,345,720 2,855,720 2,676,720 18, 714, 676 Port 2,202,000 0 2,617,000 0 1,116,157 5,935,157 State Roads 68,713,854 28,671,800 34,588,304 26,680,000 65,051,000 223,704,958 Mass Transit 12,410,000 0 0 0 0 12,410,000 Schools 172,475,227 16,848,685 164,478,879 0 0 353,802,791 [Total 332, 650, 600 51, 290,176 224, 243, 874 81, 219, 691 104, 757, 848 794,162,189 13 kLg'R,7a.: 14WIN W-0, CIE ANNUAL UPDATE FY 09/10 -13/14 Schedule of Capital Improvements 14 CIE ANNUAL UPDATE FY 09/10 - 13/14 Drainage Project # Project Title FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 3725-3631 10-Mile Creek 44,614 250,900 250,909 3725-425047 Lakewood Park Culvert Replacement 227,616 3725-425056 Indian River Estates Drainage Plan 93,830 200,000 200,900 3725-42507 Harmony Heights Drainage Impvmts 104,670 3725-42511 Paradise Park Drainage Improvements 757,284 3725-42512 NPDES Phase II Project 38,233 200,909 209,099 3725-4257 Orange Avenue Canal 354,653 3725-4258 White City Canals D, F and G 113,636 3725-4265 Sunland Gardens Drainage 150,000 3725-425056 Indian River Estates Drainage Plan 154,990 3725-42507 Harmony Heights Drainage Improvements 113,081 3725-425047 Lakewood Park Culvert Replacement 500,000 3725-42511 Paradise Park Drainage Improvements 854,374 3725-425056 Indian River Estates Drainage Plan 154.990 4113-3112 Platts Creek Mitigation 327,466 41131-425047 41.1.24. z Lakewood Park Culvert Replacement ��99,201 3725-42511 Paradise Park Drainage 327,466 2,000,000 3725-43034 Orange Avenue E C-54 Culvert 350,000 3725-4322 Carlton RD E C-24 Culvert 150,000 4115-3808 Lakewood Park Drainage 750,000 41131-43035 Midway Road Cross Drain 100,000 41131-43037 C-23 OutFall E Carlton Ranch 150,000 41131-4323 Glades Cutoff Over C-24 150 000 Total 7,738,638 0 ' Deletions are shown in Stoke througp; additions/changes are shown in Underline, The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 15 3w ` CIE ANNUAL UPDATE - FY 09/10 - 13/14 Potable Water Project # Project Title FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 4ii53 3600-35103 Rock Road Water Main 5;909 320,000 320,000 3600-35104 U.S. Highway 1 Water Main 22,700 225,000 3600-35105 Indrio Road Water Main Phase 2 1,000,000 2,000,000 3600-35106 Range Line Road Water Main Interconnect 2,500,000 3600-35210 N. County Deep Injection Well 70,000 3,500,000 3,500,000 3600-35211 N. County Aquifer Wells 1,000,000 700,000 3600-3616 N. County Water Treatment Plant 250,000 13,000,000 11,750,000 3600-3634 1 Million Gallon Tank@Fairgrounds 500,000 1,300,000 3600-3640 Brine Line at Holiday Pines 150,000 75,000 3600-3641 Water Interconnect - Kings Hwy./Picos Rd. 50,000 3600-3914 Holiday Pines Water Plant Expansion 966,197 3602-300 N. Hutchinson System Improvements 120,000 260,000 450,00 200,000 3602-362027 N. Hutchinson Lift Station Improvements 150,000 30,000 30,000 30,000 30,000 3602-3638 N. Hutch. 1 Million Gallon Tank 900,000 900,000 4115-39007 Indian River BSBU-Potable Water 3,131,748 3600-093603 N. County Main Extension 100,000 100,000 3600-093604 N County Fairground Feeder 650,000 3600-093605 N County St. Lucie Blvd Main 650,000 3600-093606 N County Kings Highway Main 650,000 3600-093607 N County Indrio Main 1,100,000 Total 5,810,645 1,300,000 3,780,000 22,600,000 18,280,000 Deletions are shown in Stoke tpFeugh; additions/changes are shown in Underline. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 16 CIE ANNUAL UPDATE FY 09/10 - 13/14 Sanitary Sewer Project # Project Title FY 2010 FY 2011 FY 2012 FY 20131 FY 2014 86091905 42,791 1,0765,796 333,793 :1;994488 3600 390 6g,.g0g 3600-3615 N. County Wastewater Plant 250,000 15,500,000 13,000,000 3600-3646 Indrio Road Force Main 1,000,000 2,000,000 3602-3636 N. Hutch. Wastewater Plant Expansion 475,920 500,000 3,500,000 3,500,000 3602-3639 N. Hutchinson Force Main Expansion 300,000 3,500,000 3,500,000 4200-48004 Airport West Sewer 611,350 3600-093602 Emerson Ave Force Main 200,000 3600-093603 N. County WW Main Extension 100,000 100,000 3600-093608 N. County Midway Force Main 2,000,000 3600-093642 US1 Force Main Ext. 873,132 3600-093647 N. County Main Extension 200 000 150 000 300,000 200,000 200,000 Total 2,160;462 7,300,000 27,300,000 17,500,000 Deletions are shown in S44k44hre4gh; additions/changes are shown in Underline. The funding amount programmed during FY 09110-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 17 CIE ANNUAL UPDATE Solid Waste FY 09/10 - 13/14 Project # Project Title FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 There are no public funded improvements programmed for Solid Waste during FY 2009110 - 2013114 The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process 18 FY 09/10 - 13/14 Parks & Recreation Project # Project Title FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 7420-7655 New Fairgrounds Capital Improvement 7210-75009 Lawnwood Rec Area Maint Improvements 7210-7664 St Lucie Village Heritage Trail 7210-7692 Lakewood Park Traffic Decel & Turn Lane 7210-3631 10-Mile Creek 7210-7610 South Causeway Improvement Project 7210-107601 River Park Marina 7210-107602 Savannas Park 7210-7690 72489t¢„ Boys & Girls Club Rec. Facility 7216-760046 Lincoln Park Community Center Improve. 7240-7601 I' Northport Improvements 7210-7610 lFfifft South Causeway Improvement Project 7210-760018 Dan McCarty Parking Lot 7210-760046 249,2fi4 a. Lincoln Park Community Center Improve. :7429 7-636'` 7420-76550 ` New Fairgrounds Capital Imp II 7210-7698 Summedin Boat Dock 1930-2614 Gymnasium/Special Needs Shelter 7420-7803 Fairgrounds Wastewater Expansion - Tank 96,968 Baseball Restrooms/Concession 400,447 Land Acquisition 300,000 Emerson Sidewalk 261,210 Trail & Campsite Improvements 0 150,000 Design & Permitting 76,516 ADA Renovations 191,406 ADA Renovations 100,000 100.2 76,000 69-( 46,350 River Park Marina Environmental Mitigation 67,766 Design & Permitting- FIND Grant Match 168,202 Soccer Field Improvements 265,000 59,000 Arena Restrooms/Concession & Office Bldg 65,897 Expansion of T Dock- Find Grant Match 100,000 Renovations 2,343,019 t�wvemeAce. FEMA Refurbishment 67,321 TOTAL 4,649,102 0 0 150,000 0 Deletions are shown in Ste; additions/changes are shown in Underline. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 19 777 CIE ANNUAL UPDATE FY 09A 0 - 13/14 Transportation -County Roads Funding Current Total Cost Project # Project Title FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 09' - 11' - LCs' Estimate "' 4112-4906 4113-4101 4113-4122 4113-4123 41 13-4169 4113-4176 4113-4178 4113-43106 3464144 4113-470 4113-4700 4113-4702 4115-4502 4115-4123 A115A410 41 16-41003 4116-41011 4116-4104 4116-4108 4116-4109 4116-4118 4116-4122 4116-4164 4116-4165 4116-4169 4116-4172 4116-4174 4116-4176 41 16-44001 4116-440015 4116-440016 4116-44011 4116-4700 41 16-4906 4116-490B 41.16-1905- Ill 16-464 4116-466 4113-41003 4113-4119 Unincorporlated Bike Paths/Sidewalks 550,267 550,267 NIA Phase I Prima Vista (US 1-RioMar) 79,153 79,153 N/A Midway Rd/S. 25th to Turnpike 6,415,726 6.416,726 E Kings Hwy@Orange Ave Intersect Imp 1,682,062 1,682,052',1) Lennard Rd. R/W Acquisition 411,655 411,655 E Kings Hwy and Angle Road Study 1,500,060 1,500,000 Q. Kings Hwy (SR 70 to U.S.1) 725,000 725,000 D St, James Drive Sidewalk 61,500 61,500 N/A Kings Hwy/Indrio Rd. Signal -Modify 3,464,144 3,464,144 D Sidewalks & Bikepaths 1,070,297 1,070,297 N/A Juanita Avenue Sidewalk/Bike Paths 1,396,250 1,396,250 C Angle Road Sidewalk 1,479,715 1,479,715 C N Lennard Road MSBU 103291 103,291 E Kings Hwy@Orange Ave Intersect Imp 172,263 172,263 D 1-95@W Midway Rdlnterchnge (E Side) 202,526 202,526 E Jenkins Rd (End Wal-Mart to Edwards) 1,300,000 1,300,000 N/A Walton Rd (Village Green-Lennard) 1:795.267 1,795,267 D Midway (U.S. 1-25th) 119,501.. 119,501 F S. 251h Sl.-Phase 1 1.094,706 1,094,706=C S. 25th St. -Phase 2 300,000 304,130 -C Midway Rd-W of Trnpk Erg E to S.25thSt 1.377-0ff 1,377,083 E Midway Rd/S. 25th Turnpike 700,000 700,000 Glades Rd & Selvitz 732,387 732,387 C Midway Rd. & Weatherbee Rd 153,000 2,099,990 153,000 E Lennard Rd. R/W Acquisition 3661,60 3,661,605 N/A Lennard Road Phase 2 2,000,000 2,000,000 E Kings Hwy Widening (Angle to SR 70) "' 1,500,000 1,500,000 D Kings Hwy and Angle Road Study - 250,000 6,500,000 250,000 D Kings Hwy/Indrio Rd. Signal -Modify " 727.660 3,500,000 727,660 0 Midway & Selvitz Signals 100,000 100,000 E Kings Hwy at St. Lucie Blvd 1,500,000 1,500,000 4'549;989 1,500,000 4,500,000 D Angle Rd/Ave Q Intersection 275,000 275,000 C Juanita Avenue Sidewalk/Bike Paths 100,000 100,000 N/A Unincorponated Bike Paths/Sidewalks 338,416 338,416 N,A North Hutchinson Isle Bike Paths 110,189 110,189 N/A Road lmprovemegt& _ -;3,002,Q70 133,971 133,971 133,971 133;97,1 3,537,954 Il Walton / US1 to Village Green 4,791,898 4,791,898 N/A Juanita Avenue Improvements 100,000 100,000 NIA Jenkins Rd (End Wal-Mart to Edwards) 1,311,745 1,311,745 N/A River Branch E. of S, 25th St. 385,570 385,570 N/A Total 47,039,936 1,633,97-1 10,133,971 1,633,97 133971 =60;575,8?k1 ' - the Level Of Service (LOS) will improve to a LOS "D" or better condition with each improvement - Kings Highway is a State arterial with an adopted LOS "D" standard funding within the 5 -year timeframe may not represent the total construction cost necessary to implement the project Deletions are shown in Sttike4HFOUgh; additions/changes are shown in Underline. 8,500,000 13,000,000 13,000,000 6,500,000 4,000,000 The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process 20 CIE ANNUAL UPDATE FY 09110 - 13/14 Trans portatiorl Lucie International Airport Project # Project Title Phase Fund FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 4220-48006 Construction Runway 9U27R 4220-480061 Construction Runway 9U27R 4220-480062 Construction Runway 9U27R 4220-480062 Construction Runway 9U27R 4220-48015 Runway Rehab 4181741 Rehab Taxiway 4182741 Rehab Taxiway 4182711 Micro surface Runway 4207591 Customs Building 4207611 Construction Apron 4239601 Construction Taxiway 4257261 Rehab Taxiway CST 251,720 251,720 251,720 251,720 CST 526,693 CST 3,275,706 DSN 237,628 132,769 CST 2,850,000 CST 2,428,000 CST 1,290,000 CST 1,374,000 1,094,000 CST 760,000 CST 1,314,000 ,1,875,000 CST 550,000 TOTAL 9,450,796 2,385,720 1,345,720 2,855,720 2,676,720 Note: Capacity enhancement projects at the Airport were not identified within the FY 2008109 - 2012113 CIE Annual Update. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 21 t <, FY 09/10 - 13/14 Transportation -Port of Ft. Pierce Project # Project Title FY 2013 FY 2014 Phase Fund FY 2010 FY 2011 FY 2012 4315-46502 North Entrance to Port CST 837,557 4315-465016 Property Acquisition ACQ 278,600 4315-094650 Spoil Site Construction CST 760,000 4315-4657 Taylor Creek Improvement CST 1,750,000 4315-46506 Port Dredging CST 867,000 4259001 Taylor Creek Improvement CST 760,000 4259691 Port Dredging CST 682,000 Total 2,202,000 0 2,617,000 0 1,116,167 Note: Capacity enhancement projects at the Port were not identified within the FY 2005109 - 2012113 CIE Annual Update. The funding amount programmed during FY 09110-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 22 CIE ANNUAL UPDATE FY 09/10-13/14 Transportation -State Roads Current Project 4 Project Title Phase Fund FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 LOS' 2:025A4 RE 944 42a;600 PE Lmr 4 330,000 Pb TRIP a 320 000 22052�3 PE- 04H 209,009 RE L-F 6,000 Pb TRIP 4-,635,,000 KINGS HWY FIR SR-70 (a, TPK TO S. OF I 2302562 95 OVERPASS, ADD LANES PE DIH 130,000 D PE LF 2,570,000 SR-70 FIR OKEECHOBEE C/L TO MP 2302622 5,871, ADD LANES RRU NHAC 2-9,,325,89 168,000 B RRU NHAC 6276�-,508 SR-70 FR MP 5.860 TO MP 10.216, ADD 2302623 LANES RRU NHAC 292,000 292,20 CST NHAC 24,783,000 59,559,07 ST LUCIE COUNTY SE ENHANCEMENT 2302802 PROGRAM, IMPROVEMENTS CST SE 139,,588 693,000 711,000 N/A W. MIDWAY RD, FIR S. 25TH ST. TO US- 2314402 1, ADD LANES PE HPP 305,000 F ROW DSF ROW EB ROW LFF ROW XA 6,416,000 ROW XL 10,593,000 6'�T 3-368,72@ SR A1A FT. PIERCE TO SR5 - 2302971 RECONSTRUCT CST 7.088.000 1 861,000 INDRIO ROAD / I - 2303384 95 TO EMERSON PE 1,444 000 ST LUCIE SIGNAL MAINTENANCE & OF 4047421 ON STATE HIGH., TRAFFIC SIGNALS OPS DDR 142,000 149,000 155,000 157,000 162,000 N/A FT PIERCE SIGNAL SYS TRAFFIC SIGNAL OPERATIONS, TRAFFIC 4066102 SIGNALS OPS DS 110,000 116,000 121,000 N/A FT PIERCE SIGNAL SYS TRAFFIC SIGNAL OPERATIONS, TRAFFIC 4066103 SIGNALS OPS DS 126,000 132,000 N/A Deletions are shown in 64F ICStt1FOU911; additions/changes are shown in Underline. The funding amount programmed during FY 09110-13114 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 23 FY 09/10-13/14 Transportation -State Roads Cont. Current Project # Project Title Phase Fund FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 LOS ST LUCIE CO SIGNAL SYS ENHANCED OPERATIONS, TRAFFIC SIGNAL 4097302 UPDATE CST DDR 50,000 50,000 50,000 N/A PT ST LUCIE SIGNAL SYS, ENHANCED OPERATIONS, TRAFFIC SIGNAL 4097313 UPDATE CST DDR 82,000 86,000 N/A LENNARD RD. FR WALTON ROAD TO 4102621 SILVER OAK DR, ADD LANES CST XU 6;947'599 9,947,500 13,460,000 E SR-70 FR KINGS HWY TO JENKINS RD 4107171 ADD LANES PE DDR 19 000 C CST GMR 24.546 000 CROSSTOWN PARKWAY -THIRD E1W CROSSING FR MANTH LANE TO US-1, 4108441 PDBE EMO STUDY PE BRAC 11,026,000 N/A PE 1,750,000 ROW 10, 300, 000 ROW ROW ROW ROW ROW 21, 428, 000 4174321 INDIAN RIVER DRIVE REHABILITATION PE 49 000 C CST 4,000.000 I-95 FR OKEECHOBEE RD TO INDRIO RD, ADD LANES 8 REHABILITATE 4130461 PVMNT PE DI 270,000 1999_90g D RRU EBNH Q�_B a-1-B;7-2 US-1 FR S. OF EMIL RD TO TAYLOR 4138471 CREEK BRIDGE, RESURFACING CST EB 207.000 D INC DDR 312,000 KINGS HWY FR E OF SP LK BLVD TO 4152931 SR-5/US-1, RESURFACING CST DIH 143,085 D CST DS 1,609,921 OKEECHO RD FR E. OF 10 MI CREEK 4152981 TO E. OF TPK BRIDGE, RESURFACING CST XA 454,000 B PT ST LUCIE FR TPK TO PETUNIA AVE, 4153021 RESURFACING CST DS 2,,,04i-g5 D INC DS 3,193,000 55,000 EMERSON AVE FR COUNTYLINE 4180411 SOUTH, SIDEWALK CST SE 192,200 N/A EST L-F 207,800 Deletions are shown in Sirke-through; additions/changes are shown in Underline. The funding amount programmed during FY 09/10-13M4 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 24 CIE ANNUAL UPDATE FY 09/10-13/14 .,.A" Transportation -State Roads Cont. Current Project # Project Title Phase Fund FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 LOS SR-A1A FIR MARTIN CO LINE TO MP 4196531 3.08, RESURFACING CST XA 4,381,000 C SR-A1A FIR MP 3.08 TO MP 5,70, 4196532 RESURFACING CST XA 2,366,000 C SR -Al A FIR MP 3.08 TO MP 5.07, 4196533 RD/SLOPE PROTECTION CST DDR 4,468,000 C 1-95 FIR MP 739 TO MP 15.379, 4197151 RESURFACING CST EBNH 1,025,000 D INC EBNH 1-95 FIR MP 0-000/6.018 TO MP 4197152 73917.131. RESURFACING CST EBNH 3,452,000 D SR -Ai A BRIDGE # 940085, BRIDGE- 4213141 REPAIR CST BRRP 2,072,000 C ST JAMES DR FIR OXBOW ENVIRONTL CTR TO RIVER'S EDGE ELEM SCH, 4221711 BIKE LANE/SIDEWALK CST LF 120,000 C CST SE 201,000 ANGLE RD-ORANGE AVE NORTH 53RD 4221991 ST, SIDEWALK LAR ACSE 441,000 C 1-95 FIR MARTIN C/L TO SR-70, 4226812 PD&E/EMO STUDY FIDE NHAC 2,900,000 C SR-AlA FIR OCEAN HARBOUR DR TO 4228421 INDIAN RIVER C/L SIDEWALK CST DS 1.002.000 N/A ST LUCIE CO PED/SIDEWALK RESERVE 4228701 FOR MPO, SIDEWALK CST DDR 98 000 200,000 N/A US-1 FR MP 20.89 TO SLC LINE, 4229541 RESURFACING CST DDR 1,378,000 B SR-70 FIR JENKINS RD TO US-1, 4229561 RESURFACING CST IDS 8,732.000 C KINGS HWY FIR INDRIO RD TO E. OF SP 4229571 LKBLVD/MP9.5,RESURFACING CST DDR 2,747,000 D ORANGE AVE FIR WEST OF 1-95 TO 4.5 4230221 MILES, SAFETY PROJECT PE HSP 300,000 N/A CST HRRR 1,000,000 CST HSP 1,931,304 Deletions are shown in Stfike-through; additions/changes are shown in Underline. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 25 - :a 11- FY 09/10-13/14 Transportation -State Roads Cont. Current Project # Project Title Phase Fund FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 LOS I SR-AlA FIR EMERGENCY CROSSING TO COUNTY LINE ST LUCIE, 4230341 RESURFACING CST DDR 4,306,000 C 4231151 SR-5 @ PORT ST LUCIE BLVD, SAFETY PE DIH 11,000 N/A CST HSP 623,000 13TH ST FIR VIRGINIA AVE TO AVE Q., 4231961 SIDEWALK CST SR2S 678,848 N/A WEATHERBEE RD FR US-1 TO MIDWAY 4231971 RD, SIDEWALK CST SR2S 1,099,200 N/A 14TH ST BRIDGE OVER MOORE'S CREEK, PEDESTRIAN SAFETY 4238151 IMPROVEMENT CST LF 696.000 4241431 KINGS AT INDRIO ADD TURN LANES ROW LF 3,818,000 ROW TRIP 3,818,000 424764 KINGS (ORANGE & SR70) RESURFACE PE 323.000 CST 2,030.000 US1 -SIDEWALK MARTIN CO. & PSL 4257741 BLVD CST 125,000 4263731 SR 70 - JENKINS TO US1 PEDESTRIAN CST 920.000 KINGS HWY- INDRIO & SPANISH 4263732 LAKES BLVD - FED CST 1.809.000 MIDWAY - US1 TO S. 25TH ST 4251521 RESERVE CST 9,758,000 4259681 TREASURE COAST BIKE TRAIL CST 1,600,000 WESTMORELAND - BAKERSFIELD TO 4262041 CAMBRIDGE CST 1.754.000 4262051 13TH ST - ORNAGE TO AVENUE I CST 2,400,000 4262091 JUANITA AVE BRIDGE REPLACEMENT CST 2,889,000 4263841 SWCALIFORNIA- SIDEWALK CST 150.000 Deletions are shown in 51101celipreugh; additions/changes are shown in Underline. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 26 q �T CIE ANNUAL UPDATE FY 09/10-13/14 Transportation -State Roads Cont. Current Project # Project Title Phase Fund FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 LOS OLEANDER - SUNRISE TO VIRGINIA - 4263851 BIKE LANE Phase PE = design ROW = right-of-way acquisition CST = construction RRU = rehabilitation OPS = traffic signal operations INA = inspection INA = inspection DES = federal highway construction PDE = project development and environmental - adopted Level Of Service for Stale Arterials is Peak Hour/Direction "D". Each project will either achieve or maintain a LOS "D" or better condition CST 575,000 Total 68,713,00, 28,671,80(* 34,668,30 26,680,00C 65,051,000 Deletions are shown in StsikeshFough; additions/changes are shown in Underline. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 27 FY 09/10 - 13/14 Transportation -Mass Transit Project # Project Title Phase Fund FY 2010 FY 2011 FY 2012 FY 2013 FY 20141 CAPITAL ASSISTANCE -CAPITAL 4134941 FOR FIXED ROUTE CAP FTA 9,003,000 4243881 PURCHASE BUSES CAP FTA 418,000 4910-400 INTERMODAL FACILITY 320,000 418841 PURCHASE BUSES CAP FTA 486,000 4243882 PURCHASE BUSES CAP FTA 226,000 4264021 CAP FTA 1,957,000 Total 12,410,000 Deletions are shown in S46ke4hFamo; additions/changes are shown in Underline. The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionat share eligibility will be made by the County during the site development application process. 28 p ,, NRF�' Schools CIE ANNUAL UPDATE FY 09/10 - 13/14 Project Title FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 New High School AAA 107,685,358 New High School BBB 118,723,107 New K8 School FF (Old BB) 15,948,685 45,755,772 (Southbend) New K8 School GG (Old CC) 64,789,869 Add 6-8 to PSLE New K8 Allapattah Flats (School EE) Total 172,475,227 15,948,685 164,478,879 The funding amount programmed during FY 09/10-13/14 may not represent the total construction cost for each project. Site development related proportionate fair share eligibility will be made by the County during the site development application process. 29 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA NOVEMBER 3, 2009 NOTICE OF PROPOSED COMPREHENSIVE PLAN TEXT CHANGE TO THE CAPITAL IMPROVEMENTS ELEMENT The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following by Ordinance: ORDINANCE NO. 09-029 AN ORDINANCE AMENDING ORDINANCE NO. 90-01, AS AMENDED, BY ADOPTING THE CAPITAL IMPROVEMENTS PLAN AND CAPITAL IMPROVEMENTS ELEMENT OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN, AN EXEMPT LARGE SCALE AMENDMENT; PROVIDING FOR LEGISLATIVE FINDINGS, PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT. ST LUCIE COUNTY PURPOSE: To provide an annual update to the Capital Improvements Element of the Comprehensive Plan as required by Chapter 163.3177 (3) (a) (6) (b) 1, F.S. LOCATION OF AFFECTED PROPERTY: UNINCORPORATED ST. LUCIE COUNTY 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, NOVEMBER 3, 2009, beginning at 6:00 P.M. or as soon thereafter as possible. Action can be taken at this meeting, or the item can be continued to a future date and time. 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 pnor 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. Please call 772/462-2822 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 St. Lucie County 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. 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 Risk Manager at least forty-eight (48) hours prior to the meeting at 7721462-1546 or T.D.D. 772/462-1428. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ PAULA A. LEWIS, CHAIR OCTOBER 22, 2009 TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Growth Management Department ITEM NO. VII-B DATE: 11/03/09 REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASWD (X ) CONSENT ( ) PRESENTED BY: Kara Wood Planning Manager Resolution No. 09 — 066, Preliminary Planned Unit Development for the Shinn Road Equestrian Estates project. (File No.: PUD 06-002) See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board adoption of Resolution No. 09-066 denying the Preliminary Planned Unit Development for Shinn Road Equestrian Estates, as outlined in the agenda memorandum and attachments. COMMISSION ACTION: APPROVED ( ) DENIED ( } OTHER Motion to continue to December 15, 2009 at 6:00 p.m. or as soon thereafter as it may be heard. County Attorney ( ) County Engineer ( ) Originating Dept. ( ) Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Surveyor ( ) 1i Daniel S. McIntyre Ron Harris tA - 7J'-r 14\1 r Mi ael Pbwley Mark Satterlee ERD ( ) _ \! A �iVeN-eI,r �Y Karen Smith Growth Management TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management DireaTe FROM: Kara Wood, Planning Manager Growth Management DATE: November 3, 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-B Background: This application is a petition of Stiles Development for Preliminary Planned Unit Development approval for a project known as Shinn Road Equestrian Estates. The project proposes 106 single family lots on approximately 532 acres. The subject property is north of Okeechobee Road and NSLRWCD Canal 71, extending from the southwest corner of Shinn Road and NSLRWCD Canal 58 west to Header Canal Road. Immediately to the north and west of the site is the Save the Chimps sanctuary. The subject property has an Agricultural Future Land Use designation. Over the past two years, the Board of County Commissioners has held a number of discussions regarding the interpretation of open space allocation in these types of development. The record of this particular application reflects this discussion history. The original application was submitted in January 2006, but was placed on hold at the applicant's request for approximately one year. The applicant requested in a letter dated July 9, 2007 that the application remain active but on hold "until there is a clearer direction from the County Commission as to how the Ag PUD open space issue should be handled for projects that are in the pipeline." For the Shinn Road Equestrian Estates PUD application, staff finds that the organization of open space on the site plan does not meet the open space criteria established in the Land Development Code and Comprehensive Plan. Staff has noted three general areas of deficiency in the site plan: 1. The design provides inadequate clustering of developed areas. Instead of concentrating proposed lots closer to the main road to reduce infrastructure, lots are proposed to the extents of the property boundaries. 2. The design provides inadequate buffering adjacent to agricultural uses. In some areas, especially the northernmost parcel, lots have as little as 30 feet of buffer proposed on the subject property to protect residents from contiguous agricultural parcels. Shinn Road Equestrian Estates November 3, 2009 Page 2 3. The site plan documents do not have all open space areas labeled. Total open space required for an agricultural PUD is 80%. While the applicant has satisfied this number in the site data, the majority of this open space is located inside private lots and is not specifically labeled on the plan as required by the Code. Subsequent to the public hearing of this project before the Planning and Zoning Commission, the applicant revised the site plan documents to satisfy some of staff's concerns, namely: • The acres to be dedicated for ROW were added to the site plan. • Total Lot Area - decreased by 4.96 acres, but the open space within lots has increased. • Common Open Space - increased from 188.27 acres (35.37%) to 194.5 acres (36.55%). • Total Open Space - increased from 428.97 acres (80.59%) to 466.46 acres (87.64%), 51.09% of the open space is proposed within the lots to be owned and maintained by the homeowners. • The building coverage provisions changed from a percentage of the lot size to square footage of buildable area by lot type. Building coverage, slightly decreased, is used as the basis for determining the project's open space. The open space within the lot is now determined by subtracting the allowable building coverage from the lot size. This only limits the size of structures and buildings. As proposed, there is no limit on impervious areas (paved) within the lots and therefore no lot level open space provided. A note on previous plans that limited the impervious area of each lot to 32,000 SF (77.87 acres total) has been removed from the site plan. • The individual lot lines have been pulled back as needed to provide common open space around the project's perimeter. The buffer is as narrow as 30 feet wide between the proposed residential lot line and the adjacent agricultural lands. A 10' Greenway and Trail Easement has been provided along NSLWCD Canal No. 71 (upper reaches of 10 Mile Creek). o Site Plan revision Note #4 (1/14/09) was removed from the site plan in error. The note indicated revisions based on the 12/17/08 DRC comments. These changes are reflected in the site plan packet submitted by the applicant for the Board of County Commissioners' review and are date stamped July 23, 2009. Also attached to this memorandum is a copy of the overall site plan that staff reviewed prior to the Planning and Zoning Commission hearing; the site data from this plan reviewed by staff and Planning and Zoning is reflected in the attached staff report. Previous Action: February 15, 2007 — The application was scheduled for Planning and Zoning Commission hearing, then pulled from the agenda at the request of the applicant April 16, 2009 — Staff presented this application to the Planning and Zoning Commission for consideration with a recommendation of denial. After much discussion regarding open space in agricultural developments in general, and specifically in the proposed project, the Planning and Zoning Commission voted five to four to recommend approval of the application, with the conditions included in the staff report, to the Board of County Commissioners. September 15, 2009 — The Board of County Commissioners held a public hearing, which was continued to November 3, 2009 at staffs request. Recommendation: Board adoption of Resolution No. 09-066 denying the Preliminary Planned Unit Development for Shinn Road Equestrian Estates, as outlined in this agenda memorandum and attachments. _ - Y Environmental Resources COUNTYDepartment • Companion Report TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Environmental Resources Department Amy Mott, Environmental Regulations Division Manager DATE: October 19, 2009 SUBJECT: Resolution No. 09 — 066, Preliminary Planned Unit Development for the Shinn Road Equestrian Estates project. (File No.: PUD 06-002) Background The Growth Management Department requested Environmental Resources Department (ERD) input on the applicant's request for Preliminary Planned Unit Development approval. ERD coordinated with the applicant and Growth Management during our review. Findings ERD findings have been incorporated into the Growth Management staff report. Recommendations ERD supports the Growth Management recommendation of denial of the proposed Preliminary Planned Unit Development. Sig ture 2 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 RESOLUTION NO. 09-066 FILE NO.: PUD 06-002 A RESOLUTION DENYING PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL FOR A 532.243 ACRE (MORE OR LESS) PARCEL OF LAND LOCATED ON THE WEST SIDE OF SHINN ROAD, APPROXIMATELY 1.5 MILES NORTH OF OKEECHOBEE ROAD, BETWEEN N.S.L.R.W.C.D. CANAL #58 AND N.S.L.R.W.C.D. CANAL #71, WHICH WOULD PERMIT APPROXIMATELY 106 DWELLING UNITS FOR THE PROJ CT KNOWN AS SHINN ROAD EQUESTRIAN ESTATES, MAKING FINDIN F FACT AND DETERMINING CONCLUSIONS OF LAW. WHEREAS, the Board of County Commissioners of St. testimony and evidence, including but not limited to the determinations: Dennis O'Shea of Stiles Development, thr TqeA presented a petition for a Change in Zoni t Zoning District to the PUD (Planned Unit D Estates) Zoning District and Preliminary Plannedfor the project to be known as Shi Road Equestria subdivision consisting of 532.243 and 106 located on the west side of Shinn oximately 1 Road, between NSLRWCD Canal No. 8 a WCD 2. On February 15, 20 County Planning mailed to all pr y o" to the heari to agenda by the req 3.<Dev 7entSite the 31 pu subj th and PI arx Estate pproved, Co Florida, based on the ,report,IlWade the following Lucido & As agent, `(Agricultural 1 / 5 acres) Shinn Ro Equestrian 'elopment Site Plan approval es, a single family residential milt' lots. The property is WN north of Okeechobee o. 71. item wasNfef uled lic hearing by the St. Lucie �ommissiohich d public notice was published and (thin 500 the subject property at least 10 days prior art of thearing, the item was pulled from the munhcant. e Coulylanning and Zoning Commission held a public otice was published and mailed to all property owners ro erty at least 10 days prior to the hearing, and ty Commissioners that Preliminary Planned Unit r the project known as Shinn Road Equestrian conditions. 4. On Septem 5, 09, the Board of County Commissioners of St. Lucie County, Florida, held a earing, of which due public notice was published and mailed to all property owners (thin 500 feet of the subject property at least 10 days prior to the hearing, on the reliminary Planned Unit Development Site Plan for the project known as Shinn Road Equestrian Estates, and continued the public hearing to November 3, 2009. 5. On November 3, 2009, the Board of County Commissioners of St. Lucie County, Florida, resumed the public hearing on the Preliminary Planned Unit Development Site Plan for the project known as Shinn Road Equestrian Estates, and heard and considered additional testimony on the proposed Development Order for this project. File No.: PUD-06-002 10/22/2009 Draft Res 09-066 BOCC 11.03.09.docx Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 FINDINGS OF FACT A. The Development Review Committee has found that the proposed project is not consistent with the goals, objectives and policies of the Future Land Use Element of the St. Lucie County Comprehensive Plan, and does not meet the technical requirement of the St. Lucie County Land Development Code. C C. u The proposed project will have an undue adverse effect on adjacent property, the character of the neighborhood, and other matters affecting the public health, safety, and general welfare. All reasonable steps have not been proposed project on the immediate landscaping and screening. taken to minim vicinity througg The proposed project is not constructed, with the development and use of neight district regulations. NOW, THEREFORE, BE IT RESOL County, Florida, having made the conclusions of law: A. Pursuant to Sec Preliminary PI Estates, as Lucido & ss received by the denies. effect on the site design, not to interfere kLth applicable issioners of St. Lucie makes the following cie CoOW Land Development Code, the cject k own as Shinn Road Equestrian ings for the project prepared by Thomas POOctober 18, 2006 and date stamped anagement on July 23, 2009, is hereby denial is being granted is described as follows: ARTER OF SECTION 30, TOWNSHIP 35 SOUTH, RANGE 39 TH 84 FEET AND LESS THE NORTH 56 FEET AND LESS A THE EAST SIDE BEING 60 FEET ON THE SOUTH LINE AND 79 H LINE AND LESS AND EXCEPT THE FOLLOWING: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; RUN NORTH 00 DEGREES 23'10" WEST, ALONG THE QUARTER SECTION LINE, A DISTANCE OF 2167.61 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 89 DEGREES 59'40" WEST, A DISTANCE OF 290 FEET; THENCE RUN NORTH 00 DEGREES 23'10" WEST, A DISTANCE OF 170 FEET; THENCE RUN SOUTH 89 DEGREES 59'40" EAST, A DISTANCE OF 290 FEET; THENCE RUN SOUTH 00 DEGREES 23'10" EAST, A DISTANCE OF 170 FEET TO THE POINT OF BEGINNING; SUBJECT TO A COUNTY OWNED RIGHT-OF-WAY File No.: PUD-06-002 10/22/2009 Draft Res 09-066 BOCC 11.03.09.docx 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 AS RECORDED IN DEED BOOK 114, PAGE 259, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. PARCEL 2 THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER TOGETHER WITH THE SOUTH ONE-HALF OF SECTION 25, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LESS ROAD AND CANAL RIGHTS OF WAYS. (On the west side of Shinn Road, approximately 1.5 miles between NSLRWCD Canal No. 58 and NSLRWCD Cana e7l.) C. A copy of this Resolution shall be attached to the A, which plan shall be placed on file with the S Director. D. A copy of this Resolution shall be maile rn re and agent of record as identified on the site pl E. This Resolution shall be recorded in the Public Re an I Co requested, keechobee Road, described in Part uvth Management of St. Lucie County. oper File No.: PUD-06-002 10/22/2009 Draft Res 09-066 BOCC 11.03.09.docx Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 After motion and second, the vote on this resolution was as follows: Chair Paula A. Lewis XXX Vice -Chairman Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this 3rd day of Novem ATTEST File No.: PUD-06-002 10/22/2009 CI air COMMISSI01 JNTY, FLORI APPROVED AS TO FORM AND CORRECTNESS County Attorney Draft Res 09-066 BOCC 11.03.09.doex Page 4 I Exhibit A 2 Map 3 4 PUD-06-002 Zoning I Stiles Development - Shinn Road Equestrian Estates AG-5 -5 AG-5 ,o GOLDSMIniiRD �---� A o. AG-5 AG-5 a AG-5 •• o AG-51 ® Subject parcel Zoning N • " AG-5 -Agricultural (1 du/5 ac) . 500 ft notification area +.... I - Institutional Map PlCp d M—h 19, 2009 U File PUD 06 002 Draft Res 09-066 BOCC 11.03.09.docx 10/22/22/2009 Page 5 "IN I- 4::r, I ro Z) o.ctiXzo, Az ro Qj Qj ICU ::r Ch 46-ooQjCL I 41 Qj Cj C." Cb -Aa co aC-4. c -V IZ lca r" Woo CL a4z a CI:z em a, "t:r kn cz Qj M Qj 9.j QjpC.J4- CZ cx ar Qj 4zb qj Qj etCx c: rts --* O " cz A z Qj Qj C C.- alt 4- AZ ra aQL cz cz a- - IL- �e Q aC= -I. re rt7 ai rvz -Ihc ae . C-- Cl. QP eY3 , , CO ro -Q CL cl QL I Al 0 BOARD OF COUNTY COMMISSIONERS Hearing Date: November 3, 2009 GM File Number PUD 06-002 Applicant Stiles Development 300 SE 2nd Street Fort Lauderdale, FL 33301 Agent Lucido & Associates 701 East Ocean Blvd. Stuart, FL 34994 Property Location West side of Shinn Road, north of Okeechobee Road Future Land Use AG-5 (Agricultural 5 - 1 du/5 acres) Zoning AG-5 (Agricultural 5 - 1 du/5 acres) Proposed Zoning PUD (Planned Unit Devel- opment— 1 du/5 acres) Project Staff Kara Wood Planning Manager 772.462.1589 woodk@stlucieco.org TS�W!Rnw___Ri� `. F Shinn Road Equestrian Estates 0 AGENDA ITEM No. VII-B Preliminary PUD Project Description Shinn Road Equestrian Estates Pre- liminary PUD proposes 106 single fam- ily lots on 532.2 acres. The property has an AG-5 Future Land Use desig- nation and zoning district, providing for a maximum of 1 dwelling unit per 5 acres. The site is south and east of the Save the Chimps sanctuary. Background The original application was submitted in January 2006, was put on hold by the applicant in July 2007, then reacti- vated for review in August 2008. The proposed project is required to meet the specific standards for agricultural PUDs outlined in the Comprehensive Plan and Land Development Code. Recommended Board Action Staff recommends approval of Resolu- tion 09-066, denying the Preliminary Planned Unit Development Site Plan for Shinn Road Equestrian Estates. Previous Action • 02/15/07: Application scheduled for P&Z and pulled at applicant's re- quest prior to start of public hearing • 04/16/09: P&Z recommended ap- proval with conditions • 09/15/09: BOCC continued public hearing to 11/03/09 Notice Requirements • A notice of public hearing was sent to adjacent property owners within 500 feet for the P&Z hearing and the BOCC hearing. • A sign is posted on the property with dates and times of scheduled public hearings • An ad was published in the St. Lucie News Tribune for the P&Z hearing and the BOCC hearing. Further details are found in the attached staff report. 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, 3`d Floor, Roger Poitras Annex April 16, 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 Mundt called the meeting to order at 6:07 p.m. A. Pledge of Allegiance B. Roll Call Craig Mundt.......................................Chairman Barry Schrader ...................................Vice Chair Susan Caron .......................................Commission Member Brad Culverhouse...............................Commission Member Pamela Hammer.................................Commission Member Edward Lounds ..................................Commission Member Stephanie Morgan ..............................Commission Member Britt Reynolds ....................................Commission Member John O'Neill.......................................Commission Member Kathryn Hensley................................Ex-Officio Members Absent None Others Present Mark Satterlee....................................Director, Growth Management Kristin Tetsworth ...............................Planning Manager, Growth Management Kara Wood.........................................TVC Manager, Growth Management Heather Young ...................................Assistant County Attorney Heather Lueke....................................Assistant County Attorney Amy Mott ...........................................Environmental Regulation Manager Michael Brillhart ................................Growth Management, Capital Improvements Manager Jennifer Evans....................................Environmental Planning Coordinator - TVC C. Announcements None. D. Disclosures None. 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 II. Minutes Review the minutes from the March 19, 2009 regular meeting, for approval. Mrs. Hammer motioned to approve the minutes with minor corrections. These corrections have been made. Vice Chair Schrader Seconded. The motion carried unanimously. III. Public Hearings E. Shinn Road Equestrian Estates: PUD 06-002 Petition of Stiles Development for a Preliminary Planned Unit Development Site Plan approval and change in zoning from AG — 5 to PUD for 106 single family lots on approximately 532 aces, for a project known as Shinn Road Equestrian Estates. Ms. Wood, Growth Management, TVC Planning Manager explained Agenda Item 3E is an Application for Preliminary PUD Site Plan Approval and Change in Zoning from AG-5 to PUD. At this time, only the preliminary site plan is subject to review; the rezoning will take place only upon approval of Final PUD. The subject property is located approximately 1 1/2 miles north of Okeechobee Road between Shinn Road and Header Canal Road. The zoning of the property and all adjacent properties is also AG-5, with the same maximum density of 1 du/5 acres. The exception is the Fire Station which is zoned Institutional. The property is currently vacant agricultural land, as is most of the surrounding property. Other uses include the Fire Station on the east end of the site, across Shinn Road is a citrus packing plant, to the North of the proposed development is the Save the Chimps sanctuary for rescued chimpanzees. The Shinn Road Equestrian Estate site plan proposes 106 single family lots between 1 and 5 acres each. A total of 80% Open Space is provided, but only 35% of this is outside of private yards. Ms. Wood then compared other approved PUD's with this application: 2 I Shinn Lakes PUD approved November 20, 2007 has 75 lots on 382 acres a total of 72% open 2 space is provided. While this is below the 80% required by code, the organization and use of the 3 open space meets the intent of the code and Comp Plan, and none of the open space is included 4 in private yards. 5 6 Hunter's Run PUD approved May 16, 2007 has 67 lots, 1.75-6.74 acres each, on 407 acres a total 7 of 80% Open Space is provided. While some of the open space is included in private yards, most 8 is common open space with uses consistent with the intent of the code and Comp Plan, such as 9 restored and d hammock. 10 11 Ms. Wood's concerns are that there is no proposal for how this open space would be regulated or 12 maintained consistent with the stated purpose of open space in the Land Development Code. 13 14 Section 7.01.03.I.2.c of the Code outlines that "All areas to be dedicated for open space shall be 15 identified as part of the Preliminary Development Plan for the Planned Unit Development" and 16 the ways in which that open space must be dedicated, conveyed, restricted or maintained. None 17 of these parameters has been outlined by the applicant with this plan. 18 19 The proposed site plan is inconsistent with,AG-5 Land Use Category as described in the 20 Comprehensive Plan, Policy 1.1.2.2 regarding the concentration of development areas to 21 minimize infrastructure, Policy 1.1.2.3 regarding the provision of open space in non-agricultural 22 development, Policy 1.1.2.5 regarding the conversion of agricultural to non-agricultural uses, 23 Policy 1.1.2.6 regarding buffering between agricultural and non-agricultural uses, Section 24 7.01.01, Planned Unit Development Purpose, Section 7.01.03, Planned Unit Development, 25 Standards and Requirements open space standards, setbacks from agricultural land clustering of 26 development 27 28 In staff s analysis, the proposed site plan does not cluster development and provide open space 29 consistent with the language and intent of the Land Development Code and Comprehensive Plan. 30 31 Ms. Wood recommended the Board of County Commissioners deny the application for 32 Preliminary PUD Site Plan Approval and if a recommendation of approval is considered, 28 total 33 conditions have been included in the staff report that staff recommends including in a 34 development order. 35 36 Brian Nolan, Landscape Architect Planner, Lucido and Associates explained that the varying lot 37 sizes allow for paddock, barn and stable areas for residents that wish to have these facilities. 38 There will be approximately eight and one-half miles of equestrian horse trail, a total of one 39 hundred and six lots. Of that twenty seven are approximately one acre, fifty eight are 40 approximately two and one half acres and twenty one lots are approximately five acres that is a 3 1 total of three hundred and twelve lots. Mr. Nolan continued, explaining to the Commission what 2 other uses would be for the property. 3 4 Johnathan Ferguson, Attorney, with the Law Firm of Ruden McClosky talked about the open 5 space issue, which he feels has been contentious over the last few years in the county as to how 6 the open space is to be applied, specifically with agricultural PUD's. 7 8 Mr. Ferguson suggested to staff in his comments and he quotes "that common open space will be 9 dedicated to Home Owners Association and a restrictive covenant will be placed on individual 10 lots suggesting a condition with language similar to the following (negotiable with staff) that 11 would be put on the plat and be part of covenants that would run with the land. The obstructed 12 area of each lot (open space is defined in the Land Development Code (LDC) as unobstructed 13 area, basically any area that is open to the sky). Mr. Ferguson stated there is no quality 14 component of the open space definition in the LDC, making it pervious (open or accessible to 15 reason, feeling, argument, etc.) it is considered open space". With that he is proposing to say "the 16 obstructed area of each lot (that is non open space) shall not exceed the following for each lot 17 size". He went on to state the subparts in his proposal. He thinks when built out this project 18 would probably exceed ninety percent open space. This was his response to staff which states 19 they did not provide a means of guaranteeing that the open space on individual lots would remain 20 (he begged to differ). 21 22 Mr. Ferguson discussed multi use paths and sidewalks within the urban service boundary, (this 23 project is not in the urban service boundary he thinks sidewalks are not required). He feels multi 24 use paths are not required for this project. He then cited Section 7.05.04 part A of the LDC. He 25 feels staff is not reading the cited section correctly. He also spoke about the Greenways and 26 Trails Plan. 27 28 Mr. Ferguson disagrees with staff on the issue of a multi use path (not legally required) along 29 Shinn Road. He feels it is impractical, overly expensive, does not make sense and even if it was 30 something they should do as a developer they would still disagree with staff. 31 32 Mr. Ferguson displayed a Greenways Path map explaining that staff is incorrect about their 33 assessment of the map (he objected to staffs assessment). 34 35 Mr. Ferguson stated his objections with the Environmental Resources Department (ERD) as 36 Canal 71 as being called Ten Mile Creek. He feels staff is using the extra protection built-in for 37 Ten Mile Creek when in his opinion staff should not focus their report on Ten Mile Creek. The 38 focus should be on Canal 71 that dumps into Ten Mile Creek. 39 4 I Mr. Ferguson opposed the requirement that a berm be placed between the subject property and 2 the Chimpanzee. He discussed how twice a day the chimps apparently start howling and 3 screeching and that this noise could be heard for miles. Mr. Ferguson feels adding an additional 4 twelve foot berm on the subject's side of the canal would not reduce the noise level of the 5 chimps, stating the further you are from the noise the less effect it has. The closest lot in the 6 project is thirteen hundred feet from the closest chimpanzee. This would have been addressed in 7 comments to staff but Mr. Ferguson stated it was not in any staff comments that he received. 8 9 He also disagreed with staff s recommendation of denial and many of the conditions included in 10 the resolution feeling they are not merited by the Comp Plan or the LDC. 11 12 Mr. Ferguson in closing thinks the project's site plan meets the intent of the Comp Plan and LDC 13 for an Agricultural Planned Unit Development and an Equestrian Community respectfully 14 requesting the Commission forward to the BOCC with a recommendation of approval. 15 Ms. Wood stated when Mr. Ferguson responded to all of staff s comments in the latest DRC 16 letter he disagreed with all the recommended conditions of the resolution. He also refused the 17 request from the Chimp representatives that a declaration to be made in the HOA documents that 18 the chimp use exists and for the additional buffer. Ms. Wood stated that these requests were 19 refused as well (she received this information anecdotally: based on personal observation, case 20 study reports, or random investigations rather than systematic scientific evaluation: anecdotal 21 evidence.). 22 23 The Commission had a lengthy discussion. 24 25 Issues raised were the request for an open space management plan, maintaining open space, 26 connection with areas, unobstructed open space required in Agricultural PUD's, projects that 27 were approved regarding open space Agricultural PUD's, intent of the language in the Comp 28 Plan and LDC on how the open space should be conveyed on the plan, dedicated, organized and 29 maintained. Also raised were common open space opposed to open space, the buffer between the 30 project and the Chimpanzee Preserve, sidewalk path ways on Shinn Road, Ten Mile Creek as 31 opposed to Canal 71(where does Ten Mile Creek start and end), utilizing Agricultural Property 32 without it becoming an Industrial Site, the need for Equestrian property in St. Lucie County, one 33 way in and one way out, Fire Department standard and rules (measurements), agreements and if 34 this project meets all the requirements in the Comp Plan and LDC. 35 36 Chairman Mundt opened the public hearing. 37 No one spoke. 38 39 Chairman Mundt closed the public hearing. 40 Wi I There was discussion among the Commission, including if any developments had been approved 2 with regards to the open space counting back yards in the last year and one half ( this being a 3 very big issue in the county). There have not been any. 4 5 Mr. Ferguson disagreed. (Hunters Run was approved in May, 2007) 6 7 There was opposition between the Commission Members. 8 9 The recommendation of denial by staff was of great concern to some Commission Members. 10 11 Other Commission Members thought this project would be a great addition in St. Lucie County. 12 13 Ms. Morgan reiterated to Mr. Ferguson "if anyone who plans on purchasing a home in this 14 development would be told about the chimpanzees, the noise, the screaming or whatever and 15 when you go out into an area like that you're going to expect something like that and it's buyer 16 beware". Ms. Morgan then asked "did you not say something like that". 17 18 Mr. Ferguson told Ms. Morgan she was correct. Mr. Ferguson replied, "that anyone buying in 19 that type of area in today's environment, any seller would be crazy not to have full disclosure 20 (Ms. Morgan said "exactly") of anything and everything that might occur in an Ag. Area so yes". 21 22 Ms. Morgan repeated disclosure, disclosure, disclosure and stated she thinks that this is a 23 wonderful project. 24 25 Vice Chair Schrader stated his agreement with the last few comments. The fact that the applicant 26 is willing to give setbacks for the chimpanzees, and this is needed. He went on to say he has 27 heard the word intent about thirty times now based on the twenty eight rules. He also stated he 28 can not work off the intent he can only work off the policies that he is given and he thinks it does 29 match and he does want the covenant if Mr. Ferguson would allow. It would be something Vice 30 Chair Schrader would ask for to maintain the open space including the yards, but otherwise the 31 project is ideal, well suited and need in the area. 32 33 Chairman Mundt asked about the Ag. Land Committee. 34 35 Ms. Caron stated she was the Vice Chair of that committee (Ms. Caron stated at the June 18, 36 2009 Planning & Zoning Meeting "she was the vice chair of the TDR Committee not the Ag. 37 Committee) and the committee went back and forth month after month and the direction from 38 the BOCC actually was changing. Nothing has come to pass on the agreement and yes the 39 committee did make several recommendations to the BOCC which lays in the hands of the 40 BOCC. 41 42 Mr. Mundt then asked Heather Young, Assistant County Attorney if she had taken a look at the 43 staff report and has the County Attorney made a determination. 44 45 Ms. Young replied that they have reviewed the staff report but are not involved in the process of 46 drafting them. Ms. Young went on to say, when making your recommendations you need to Co 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 address whether or not you want to include all twenty eight conditions as part of that recommendation. Mrs. Hammer's biggest concern was designating open space on private lots. She wanted to know who is going to enforce it because the Home Owner's Association (HOA) Board of Directors is not going to go out and tell someone that they can't do something on their lot and that it has to be open space. It's difficult enough when it is Upland Habitat and trying to make home owners follow regulations. Prohibiting a private owner not caring if it is in the covenant or rules and sign on the dotted line it is not going to happen and a HOA is not going to enforce it. This is why Mrs. Hammer believes the intent was to create eighty percent open space thirty five percent of that hunk of space would be common open space and the housing units would be on the rest of the land so that it would be a contiguous area of open space. Mr. Lounds asked if the Building Department reviewed plans for setbacks and such would that not be a red light. Mrs. Hammer replied that they would review it for the county setbacks on that lot they would not review it for the HOA deed requirements. Ms. Wood stated the Building Department would enforce the basic requirements of the code in terms of set backs, lot coverage and maximum impervious area. She presumes the applicant (she stated "reaching here") does not specifically designate on the plan which areas are open space in the lots so in that way a home owner could decide which areas are the built areas and which the open space areas are. Mr. Lounds and Mrs. Hammer discussed how the Building Department enforces basic requirements of the county in zoning district not in a HOA. Mrs. Hammer reiterated different set back requirements. Stating you need to open space; the County Building Department is not going to look at the association's rules and regulations. It would not even matter if you had a strong HOA. At the Building Department applicants have to sign a document that states they have approval of the HOA.The Building Department does not check. Residents have signed that they have approval when they have never gone through the Architectural Review Committees of the local HOA. Mr. Ferguson respectfully disagreed with Mrs. Hammer's opinion. Mrs. Hammer stated this is the experience she has had. Mr. Ferguson stated he hopes that the County Building Department is looking at restrictions on the plats and not letting people build where they are not allowed. The restrictions on the plat are the document the Building Department is supposed to look at and enforce. Mr. Ferguson suggested the restrictions can be on the plat and in the covenants that would run with the land. In this case the Building Department and HOA can enforce the open space requirements. 7 I Mr. Mundt stated he did like the idea. The unfortunate dilemma he is faced with is staff 2 recommendation and the number of objections they have with the project. Without clarification 3 from the BOCC in making allowances, he feels bound by the code and the interpretation that 4 they have from both staff and the legal department. 5 6 There were two motions made: 7 8 Mr. Lounds motioned "that after considering the testimony presented during the public 9 hearing including staff comments I hereby move that the Local Planning Agency 10 recommend that the St. Lucie County Board of County Commissioners grant approval to 11 the application for Preliminary PUD Site Plan Approval for the development known as 12 Shinn Road Equestrian Estates with the considerations and comments by staff in their 13 recommendation to deny as part of my motion, that the comments from the Planning & 14 Zoning Board be included in that motion, and the reason that I move for approval is that I 15 think that we need to move it on to the county, let the County Commissioners make those 16 decisions to resolve the issues that staff has to have and has had to deal with the rules 17 concerning a unit like this, and I might, did I confuse everybody? I think this is a very 18 unique rule, a very unique PUD, it's outside the urban service area, it is designed for 19 equestrian use, it has positive merits, because of rules in our Comp Plan staff has to deny 20 some of those considerations, but I think we need to move it on to the county one way or 21 the other. I feel it is a good reason, I move to approve is that I think it is refreshing. I think 22 this period of time in St. Lucie County we need to have some newer development come 23 before us and I move to approve". 24 25 Mr. Schrader stated, "let me just understand what I am seconding if I can. So what you're 26 saying is we're going to approve with the staffs recommendations of denial and their 27 recommendations for the twenty eight changes or conditions. Is that correct"? 28 29 Mr. Lounds answered no. He replied, "my motion is that we recognize the fact that staff 30 has denied, that there is a great difference between some of the denials that they are asking 31 for because of the uniqueness of the development itself. That we are passing it on with 32 approval for clarification from the BOCC (period). If somebody wants to add something to 33 that to make it clearer. 34 35 Chairman Mundt stated "I would like to have a second then get into discussion if we may". 36 37 Mr. Culverhouse seconded. 38 39 Chairman Mundt opened for discussion. 40 41 Mr. Culverhouse asked Mr. Lounds "if it was his understanding that you're moving the 42 approval of the project (Mr. Lounds answered; correct) but your motion does not include 43 the limiting conditions by staff other than that the BOCC should consider them". 44 45 Mr. Lounds answered; "correct an example of what I'm talking about is the sidewalk 46 pathway area along Shinn Road. To me that is ludicrous and I understand that staff has I got to say because of rules and regulations the paper says I gotta have it, somewhere along 2 the line we don't need it. It's that type of predicament that staff catches themselves in they 3 can not over ride what is in the documents that says they have to use these guidelines. But 4 every now and then a development like this comes before us that says we don't need a path 5 along Shinn Road, if this was on Jenkins Road you bet, I'd be all for putting a path on 6 Jenkins Road put a fence on it so we can keep people off of it, keep the cars off the people. 7 But not on Shinn Road, not on Carlton Road, not on Sneed Road, not on Header Canal 8 Road you're in a different world folks and there's got to be some other considerations so 9 that these developments of this type can move on and get out in the community where these 10 developments for basically other land growing crops, citrus, tomatoes and such have you 11 can still be a semi type Agricultural Development. They aren't calling this an Ag. PUD, but 12 clearly equestrian facilities is agriculture. And I'd rather see this then I would four houses 13 on one acre with five hundred houses in it. Now you know, Chairman I don't know 14 whether I've further confused the issue or not but". 15 16 Chairman Mundt stated "I think we better stop there Mr. Lounds before we get any 17 deeper". 18 19 Ms. Wood stated "for my own clarification what I understood Mr. Lounds to say basically 20 is that the motion is to approve, recommend approval to the BOCC with the recommended 21 conditions that are in the staff report but also with careful consideration about which of 22 those conditions is really appropriate to this project". "Is that essentially what you said? 23 (Mr. Lounds comment is inaudible). Ms. Wood answered alright great thank you". 24 25 Chairman Mundt stated "thank you for the clarification". 26 27 Mr. Culverhouse stated; "I don't know if that's what I understood. I understood the 28 motion was to (and he seconded) motion was to approve the application of Stiles 29 Development for a Preliminary Planned Unit Development approval without the twenty 30 eight conditions being part of the approval but with the request that the BOCC consider 31 the twenty eight recommendations (Mr. Lounds interjected "same type of thing Mr. 32 Culverhouse)". Mr. Culverhouse replied "is that what you mean". Mr. Lounds answered 33 "Yes we're there" 34 35 Chairman Mundt asked "you want the twenty eight conditions considered, but not a part 36 of it". 37 38 Mr. Culverhouse replied "but not a part of it." 39 40 Mr. Mundt replied "is that clear everybody. The motion is to move it with approval to the 41 BOCC with the twenty eight items not as a part of it but to be considered. Is that it Mr. 42 Lounds"? 43 44 Mr. Lounds replied "that's fine with me". 45 0 I Mr. Mundt asked "Madam Chair, Madam Chair, Madam Secretary would you please call 2 the roll". 3 4 Roll Call 5 Ms. Morgan — yes ma'am (Secretary asked "yes to) Ms. Morgan replied "yes 6 to the motion" 7 Ms. Hammer — no 8 Mr. Reynolds — yes ma'am to approve 9 Ms. Caron —no ma'am 10 Mr. O'Neil — no ma'am 11 Mr. Lounds — yes ma'am 12 Mr. Culverhouse — yes ma'am 13 Vice Chair Schrader — no ma'am, "but for the, the only reason I'm no is 14 because this doesn't address keeping the lots open, there was nothing in the motion that 15 required those lots be kept open, otherwise I would vote for it, but in this case no. 16 Mr. Mundt - no ma'am, Chairman Mundt I'm sorry 17 18 Chairman Mundt asked the recording secretary "you're out of sequence, right"? Ms. 19 Milone, Recording Secretary) replied "am I, I don't know, am I missing someone. I think I 20 got everyone. You're last". Mr. Mundt "replied "everybody voted"? 21 22 Mr. Mundt stated "you have five nays and four ayes". 23 Ms. Milone asked Mr. Mundt "what are you, I'm sorry Mr. Mundt. He replied "nay". 24 25 Ms. Milone replied "five nays and four ayes". 26 27 Chairman Mundt repeated "five nays and four ayes, all right thank you". 28 29 Mr. Culverhouse replied "Mr. Chairman". 30 31 Chairman Mundt, "Mr. Culverhouse". 32 33 Mr. Culverhouse stated "My understanding that Mr. Ferguson said they would agree to 34 something being placed so that the lots except for the building, except for the; would be 35 kept open and that they would be covenants with the land and also on the plat, so that 36 would seem to be a, a, or if I could ask Mr. Schrader what would". 37 38 Mrs. Hammer interjected "the point of order is that we already had a vote, the application 39 was denied it would have to be someone on the prevailing side to bring something up again, 40 could we get on to the next step". 41 I Mr. Culverhouse stated "excuse me, excuse me ma'am and I think there was a 2 misunderstanding so I am asking that because my understanding that there was 3 restrictions". 4 5 Mrs. Hammer asked Chairman Mundt "I'd like an opinion from you". 6 7 Chairman Mundt replied "I agreed with Mrs. Hammer that a prevailing side vote would 8 have to bring the issue further". 9 10 Mr. Culverhouse replied "then anyone who voted no could move to reconsider anybody can 11 second it, they don't have to be on the prevailing side and then it can be amended to 12 include, it can be, an amendment can be done to include to address Mr. Schrader's 13 concerns so that it would be ................... 14 15 Chairman Mundt reiterated "that an individual from the prevailing side would have to 16 bring the issue back". 17 18 Vice Chair Schrader stated "and I would like to bring that issue back up because I once 19 again will state that if it will include the fact that they make those covenants and the plat is 20 noted that I would support this motion and that's the only reason I turned it down. My 21 understanding Mr. Chair was that while it was agreed to at no point on the twenty eight 22 recommendations or the first and second didn't include that and that is important to me 23 that we maintain that open whether we call then yards or open space whatever you want to 24 call it. It is very important that we keep that open". 25 26 Chairman Mundt asked if the "twenty eight recommendations as I understand it are not 27 included in the motion". 28 29 Vice Chair Schrader stated "that is correct, what's included, my understanding is that it's 30 reviewed. That's it". 31 32 Chairman Mundt stated "they are to be considered". 33 34 Vice Chair Schrader replied; "considered, correct, okay but in those twenty eight that are 35 going to be considered or were proposed to be considered it does not mention the fact that 36 Mr. Ferguson has agreed to keeping a percent of covered/uncovered ground". 37 38 Ms. Wood asked "just to, I don't know if this clarifies your issue but in my thought that 39 actually was covered in one of the conditions, in condition number fifteen, it says prior to 40 final PUD approval the site plan shall be amended to depict the location of all portions of 11 I the eighty percent required open space and goes on to, you know, clarify how that should 2 be maintained. So that in my view that was taken care of, of that issue and that's what staff 3 was requesting". 4 5 Vice Chair Schrader stated "and okay maybe I misunderstood it because I highlighted that 6 but I'm not asking that the applicant identify where they are going to build stuff. I want to 7 maintain open space, so I misunderstood that to mean this is going to remain open this 8 portion of the yard and you put a map or a colored version up earlier that said this one 9 third will remain open. Well that one third maybe come a barn, what I'm is asking is of 10 that total property I think on the large lots it was seven percent has, is, I think I forgot how 11 it was obstructed or unobstructed was the words used, and that's important to me that 12 percentage not the actual location that's going to be obstructed versus unobstructed". 13 14 Ms. Wood answered "okay". 15 16 Mr. Lounds and Mrs. Hammer simultaneously replied "Mr. Chairman" 17 18 Chairman Mundt answered "Mr. Lounds". 19 20 Mr. Lounds stated "go ahead Ms. Hammer (inaudible)". 21 Ms. Hammer stated, "and my concern is I don't believe I have ever seen an approval of an 22 application where the comments and recommendations from staff were not included and in 23 this case we have twenty eight recommendations and to just blow them off ......(someone 24 interrupted inaudible) That is very frightening. They've always, the motions have always 25 included staff recommendations and in this particular case it was saying just look at them. 26 It did not say included staff recommendations". 27 28 Mr. Culverhouse stated "if Mr. Schrader's comments were a motion for reconsideration I 29 second'. 30 31 Chairman Mundt stated "Mr. Schrader". 32 33 Mr. Schrader answered "they were Mr. Chair". 34 35 Mr. Mundt stated "alright you have the right to introduce another motion and seconded by 36 Mr. Culverhouse. Is there any discussion"? 37 38 Mr. Lounds replied, "Mr. Chairman" 39 40 Chairman Mundt answered "Yes Mr. Lounds". 12 1 2 Mr. Lounds stated "Mr. Schrader would it , Mrs. Hammer, would it help if we include in 3 the motion staffs recommendation of denial as part of the motion with comments from 4 staff and, I mean from the developer and the board or BOCC consideration of the motion. 5 Mrs. Hammer the reason that I'm, that state it that way, I think there are issues that 6 restrict the staff from being able to approve this because of the uniqueness of this type of 7 development and the restrictions that they are faced with in interpretation of the 8 regulations". 9 10 Mrs. Hammer stated "I understand that". 11 12 Mr. Lounds continued stating "and I think that sooner or later the county, BOCC have to 13 address that. I think they have to recognize the fact that there are going to be more 14 developments like this in the agricultural unicorporated area of St. Lucie County and that 15 we need to address those issues". 16 17 Mrs. Hammer stated "and I understand that Mr. Lounds and I wish we could just forward 18 the application with no recommendation to the County Commissioners but what my 19 understanding whether it's right or wrong is that it was eighty percent open space, thirty 20 five percent had to be common the other forty five percent could even be farmed area but it 21 did not come out of the private lots and to have it designated on the private lots I already 22 have experience with how that does not work so that's why I object to the using of the 23 private lots for the............". 24 25 Mr. Lounds asked "did we not do that though as a compromise to Hunters Run, from their 26 open space too". 27 28 Mrs. Hammer answered "but not this much". 29 30 Ms. Caron stated "I believed it was two or three percent". 31 32 Mrs. Hammer stated "it was very minimal percent, not forty five percent, and we're 33 looking at forty five percent being on individual lots". 34 35 Ms. Caron stated " it was a very, very low amount in fact it went back and forth for quite a 36 while and I believe it was certainly less than five percent, it was five percent or less and 37 that's why the BOCC at that point, because everyone really worked towards it because this 38 is a good thing. I have horses I'm an Ag. Person but each individual application I think is 39 considered". 40 13 I Ms. Hammer asked "may I ask the attorney. Heather are we permitted to forward an 2 application without a recommendation or do we have to make a yes or no 3 recommendation". 4 5 Ms. Young replied "it should be a recommendation and at this point you don't have one 6 because the motion failed so you have not yet adopted a motion, one way or another 7 recommending approval or denial, so I think you do need to, someone needs to make a 8 motion whether its to approve, deny, approve with different conditions however you chose 9 10 11 Chairman Mundt stated "I think there was a motion to approve by Mr. Schrader, seconded 12 by Mr. Culverhouse. Is that correct"? 13 14 Mr. Schrader stated "that is correct Mr. Chair". 15 16 Ms. Young asked "for clarification is the motion to approve simply with the condition on 17 the designation of the open space. I think just for staff if you could restate that so we make 18 sure everyone has it. 19 20 Mr. Schrader replied "if you will, staff if you'll take the old motion and include the fact 21 that it includes the percent of open space of and again we can go back to covenants or plats 22 but that that is included. That would be my motion". 23 24 Chairman Mundt asked, "the forty five percent would come off the lots". 25 26 Mr. Schrader stated `that is correct". 27 28 Ms. Morgan stated "it would be noted on the plat" 29 30 Chairman Mundt answered "he understood. Alright, any other discussion?" 31 32 Chairman Mundt stated "we have a motion and a second and we'll ask Madam Secretary 33 to please call the roll. 34 35 Roll Call 36 37 Ms. Morgan —yes ma'am 38 Mr. Lounds — yes ma'am to approve 39 Mr. Reynolds — yes ma'am to approve 40 Ms. Caron —no ma'am and I'm going to have to leave the meeting 41 Mr. O'Neil — no ma'am 14 1 Ms. Hammer — no ma'am 2 Mr. Culverhouse — yes ma'am to approve 3 Vice Chair Schrader — yes to approve 4 Chairman Mundt — no ma'am 6 Chairman Mundt stated, the motion passed 5-4 7 8 Ms. Caron, Mr. O'Neil, Mrs. Hammer and Chairman Mundt dissenting. 9 15 Agenda Request Item Number IIIE Date: 04.16.09 Consent [ ] Regular [ J Public Hearing [ X j Leg. [ ] Quasi -JD [ X ] To: Planning and Zoning Commissioners Pres nted By Submitted By: Growth Management Department Mafk Sa-Iferlee, AICP Growth Management Director SUBJECT: Application of Stiles Development for Preliminary Planned Unit Development approval for a project known as Shinn Road Equestrian Estates. (File No.: PUD 06-002) BACKGROUND: The subject property is located on Shinn Road, north of Okeechobee Road. The subject property totals 532.2 acres and extends from Shinn Road west to Header Canal Road. The Future Land Use and designation and zoning district are both AG — 5 (Agriculture — 1 du/5 acres). The applicant is proposing a development of 106 single-family lots. FUNDS AVAILABLE: N/A PREVIOUS ACTION: February 15, 2007: This item was scheduled for public hearing by the Planning and Zoning Commission. The item was pulled prior to the start of the hearing at the request of the applicant. July 11, 2007: Growth Management received a letter from the applicant requesting that the application be put on temporary hold until there was clearer direction from the County Commission as to how the Ag PUD open space issue should be handled. August 28, 2008: The applicant resubmitted the application and re -activated the review of the PUD. February 19, 2009: The Development Review Committee certified the application to move forward in the public hearing process with a recommendation of denial. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission forward a recommendation of denial to the Board of County Commissioners for the Preliminary Planned Unit Development for Shinn Road Equestrian Estates. LPA ACTION: = APPROVED DENIED 0 OTHER 1 2 TO: 3 THROUGH: 4 FROM: 5 DATE: 6 SUBJECT: 7 RESOLUTION NO.: Commission Review: 04/16/2009 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM Planning and Zoning Commission Mark Satterlee, AICP, Growth Management Direct Kara Wood, Planning Manager1''� April 3, 2009 U Shinn Road Equestrian Estates Preliminary PUD, PUD 06-002 09-066 8 - 9 GENERAL INFORMATION 10 11 APPLICANT: Stiles Development 12 300 SE 2nd Street 13 Fort Lauderdale, FL 33301 14 Tel: 954.627.9195 15 Fax: 954.627.9288 16 17 AGENT: Lucido & Associates, P.A. 18 100 Avenue A, Suite 2A 19 Fort Pierce, FL 34950 20 Tel: 772.467.1301 21 Fax:772.467.1303 22 23 SUBJECT: Petition of Stiles Development for Preliminary Planned Unit 24 Development approval for a project known as Shinn Road 25 Equestrian Estates 26 27 RESOLUTION: Consider Draft Resolution 09-066 denying the petition of Stiles 28 Development for Preliminary Planned Unit Development Site Plan 29 approval for the project known as Shinn Road Equestrian Estates. 30 The petition includes a request for an Amendment to the Official 31 Zoning Atlas to change the zoning from the AG-5 (Agricultural — 5) 32 Zoning District to the PUD (Planned Unit Development) Zoning 33 District. Should the BOCC approve the Preliminary PUD, the change 34 in zoning will not become effective until the property applies for and 35 receives Final Planned Unit Development Site Plan approval. 36 37 FILE SUBMISSION DATE: January 12, 2006 38 39 LOCATION: North of Okeechobee Road and NSLRWCD Canal 71, from the 40 southwest corner of Shinn Road and NSLRWCD Canal 58, west to 41 Header Canal Road :J Subject: Shinn Road Equestrian Estates Preliminary PUD File No.: PUD 06-002 April 3, 2009 Page 2 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 PARCEL IDs.: 2225-111-0002-00011, 2330-300-0000-000/1 PARCEL SIZE: 532.243 acres PROPOSED USE: 106 single-family lots Use Size % of Gross Total Development Area 1 +/- acre lots (27) 27.82 acres 2.5 +/- acre lots (58) 161.21 acres 5 +/- acre lots (21) 123.58 acres Internal Roads 28.36 acres Total Development Area 340.97 acres 64.06% 340.97 acres Open Space Common Open Space 188.67 acres 35.45% 188.67 acres Stormwater Lakes 31.96 acres 6.01 % Open Space in Lots 240.70 acres 45.22% Total Open Space 428.97 acres 80.59% Land Dedication SLCFD 0.70 acres Goldsmith Road ROW 1.01 acres Shinn Road ROW 0.89 acres Total Land Dedication 2.60 acres 0.49% 2.60 acres Total Lot Area 532.24 acres DENSITY: 0.2 du/acre PHASING: No phasing plan is proposed for this project. 1 AAIn "CC: ANn 7nNINr- Future Land Use Zoning Existing Use Subject Parcel: AG-5' AG-52 citrus groves/grazing North: AG-5 AG-5 Save the Chimps/citrus groves South: AG-5 AG-5 citrus groves East: AG-5 AG-5 citrus groves West: AG-5 AG-5 citrus groves 14 15 FIRE/EMS PROTECTION: Fire Station #11 is located on the northeast corner of the parcel 16 boundary along Shinn Road. The applicant has agreed to donate 17 additional land for the future expansion of this facility. 18 19 UTILITY SERVICE: Each proposed lot will be served by individual well and septic 20 AG-5 = Agricultural -5 Future Land Use: maximum density 1 dwelling unit per 5 acres 2 AG-5 = Agricultural -5 Zoning: maximum density 1 dwelling unit per 5 acres Subject: Shinn Road Equestrian Estates Preliminary PUD File No.: PUD 06-002 April 3, 2009 Page 3 of 15 1 CONCURRENCY 2 DOCUMENT REQUIRED: Certificate of Capacity — deferred until Final PUD 3 4 5 BACKGROUND INFORMATION 6 7 The proposed project is a Planned Unit Development in an Agricultural Future Land Use. Over the 8 past two years, the Board of County Commissioners has held a number of discussions regarding 9 the interpretation of open space issues in these types of development. The record of this particular 10 application reflects this discussion history: the original application was submitted in January 2006, 11 but was on hiatus for approximately one year while the applicant stated that they hoped to get a 12 clearer sense of what the County would determine as "open space" as defined in the Land 13 Development Code and Comprehensive Plan. 14 15 When the applicant re -activated the review of the application, staff initiated a meeting to discuss 16 options for resolving the allocation of open space in a way staff could support. In a letter dated 17 November 19, 2008 to Johnathan Ferguson, a representative of the applicant, staff outlined three 18 general options for the site plan: 19 20 1. Redesign the lots and streets so that a clear 80% of the total acreage was dedicated to 21 open space outside of individual lots. The example given of this type of Ag PUD model 22 was Shinn Lakes PUD, approved by the Board of County Commissioners on November 23 20, 2007 (Resolution 07-130). 24 2. Redesign the lots and streets to achieve greater clustering and less roadway 25 infrastructure. Maintaining a smaller percentage of required open space within private 26 lots would be considered only if all open space were accompanied by some type of 27 restrictive easement. The example given of this type of Ag PUD model was Hunter's 28 Run, approved by the Board of County Commissioners on May 15, 2007 (Resolution 29 07-022). 30 3. Maintain the current site design, which contains 45% of required open space within 31 private lots. 32 33 Staff made it clear that we could support either of the first two options, but not the third option that 34 maintained the current site design. The applicant chose to pursue the third option; in this case staff 35 agreed to move the project through the public hearing as quickly as possible with the 36 understanding that we would be recommending denial. 37 38 A summary of the project history is as follows: 39 40 01/12/2006 Application submitted 41 42 01/12/2007 Growth Management received a copy of a letter addressed to the 43 P&Z chair from a law firm representing Save the Chimps outlining 44 concerns over the design of the proposed development. 45 46 02/15/2007 This project was scheduled then pulled from the Planning & Zoning 47 Commission agenda by the applicant. 48 49 07/09/2007 The project's representative sent a letter to the Growth Management 50 Director requesting that the project be put on "temporary hold ... until 51 there is a clearer direction from the County Commission as to how 52 the Ag PUD open space issue should be handled ...." Subject: Shinn Road Equestrian Estates Preliminary PUD April 3, 2009 File No.: PUD 06-002 Page 4 of 15 1 2 08/29/2008 The applicant re -submitted and re -activated the review for the 3 application. 4 5 11/12/2008 Growth Management staff met with the applicant and outlined two 6 alternative site design options that staff would support. Staff followed- 7 up with a letter on 11/19/08 to confirm these alternate options and 8 determine that the current design was inconsistent with the 9 Comprehensive Plan and Land Development Code. 10 11 12/11/2008 The applicant met with the Development Review Committee to 12 discuss draft comments on the revised submittal. 13 14 12/17/2008 Growth Management sent final DRC comments to the applicant. 15 16 01/15/2009 Growth Management received a DRC response letter from the 17 applicant. 18 19 01/27/2009 Growth Management received the final re -submittal package from the 20 applicant. 21 22 02/19/2009 The Development Review Committee met to discuss the revised 23 submittal and agreed to certify the application to move forward to 24 public hearing with a recommendation of denial. 25 26 27 STANDARDS OF REVIEW 28 29 Section 11.02,07, of the St. Lucie County Land Development Code identifies the minimum 30 Standards of Review for all proposed Site Plans. According to this section of the Code, "site plan 31 approval shall be granted only if the applicant demonstrates the following": 32 33 A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN 34 35 The proposed building or use is consistent with the general purpose, goals, objectives, and 36 standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and 37 Compiled Laws of St. Lucie County; and the proposed use complies with all additional 38 standards imposed on it by the particular provisions of this Code authorizing such use and 39 any other requirement of the Code and Compiled Laws of St. Lucie County. 40 41 Staff finds that the proposed application is inconsistent with the St. Lucie County 42 Comprehensive Plan and Code. In staff's analysis, the intent of the language in both sets of 43 regulations require that the minimum 80% required open space be specifically designated 44 and set aside within the proposed development. In this case, the applicant has included 45 over 45% of the required open space within private lots and has not specifically identified 46 these areas on the site plan. 47 48 Staff acknowledges that there has been disagreement by some about the application of 49 "open space" language in the Land Development Code and Comprehensive Plan, but 50 staff's understanding of the regulations and their intent is that generally private yards are 51 not to be included in this open space allocation. In an attempt to make this argument more Subject: Shinn Road Equestrian Estates Preliminary PUD File No.: PUD 06-002 April 3, 2009 Page 5 of 15 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 clearly, specific text that speaks to the source of this understanding has been identified and connected to staff's position. Comprehensive Plan Within the Future Land Use Element of the Comprehensive Plan, areas of concern include the following: AG-5 (Agricultural — 5) Land Use Category The AG-5 land use designation specifies that "Any activity other than crop or food product related production ... in excess of 200 acres should be in conjunction with the establishment of a Community Development District ... for the purpose of providing the necessary infrastructure facilities to support that development." This project has not proposed the formation of a CDD consistent with this provision. Policy 1.1.2.2 "Where any new street, road, or other public or private infrastructure is proposed within the PUD it shall be designed in a manner that provides for the grouping or concentrating of all development areas and activities in order to minimize the cost of providing infrastructure and community services to these areas while maintaining a minimum of 80% Open Space (gross area)." The proposed site plan does not sufficiently concentrate the development area, especially in light of the stated purpose of minimizing infrastructure. Policy 1.1.2.3 Non-agricultural development within the AG-5 land use categories is required to preserve open space, "which is to be defined to include, but not be limited to, agricultural activities such as groves and range land as well as preservation of natural areas." If open space is included within yard areas, the use of these areas clearly does not meet the agricultural or preservation emphasis stated this policy. Policy 1.1.2.5 This policy does not specifically address development criteria, but rather the requirement of the County to "include in its land development regulations a site assessment process to evaluate the potential conversion of existing or designated agricultural land uses to non- agricultural land uses in a rational and orderly manner." Staff believes, however, that the listed criteria still can be applied to this application as it is a conversion of agricultural to non-agricultural use. It is staff's analysis that the proposed conversion does not meet the listed criteria: Such provision shall require as a condition to such conversion that the Board of County Commissioners affirmatively find that the proposed non-agricultural use: a. is compatible with adjacent land uses; b. maintains the viability of continued agricultural uses on adjacent lands; C. contains soils suitable for urban use as defined by the St. Lucie County soil survey; d. is suitable with existing site -specific land characteristics; e. is consistent with comprehensive development plans; f. will have available the necessary infrastructure concurrent with the anticipated demands for development; g. will avoid the extension of the urban services boundary to create any enclaves, pockets, or finger areas; and, h. could not be feasibly located on non-agricultural land. Subject: Shinn Road Equestrian Estates Preliminary PUD File No.: PUD 06-002 April 3, 2009 Page 6 of 15 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 Policy 1.1.2.6 "Provide adequate buffering and/or setbacks between agriculture and non-agricultural uses to protect such agricultural uses from adverse impacts associated with encroachment of non-agricultural development or creation of nuisances by agricultural operations. Insure that Agricultural Best Management Practices are used." The proposed site plan does not provide adequate buffering and setbacks to existing agricultural uses. Land Development Code Within Chapter 7, Development Design and Improvement Standards, of the Land Development Code, areas of concern include the following: Section 7.01.01, Planned Unit Development, Purpose Staff's position is that the proposed site plan does not meet all of the stated purposes of a PUD. Specifically, the proposed project does not 1. "allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs," in that development areas are not sufficiently clustered, 2. "allow design options that encourage an environment of stable character, compatible with surrounding land uses," in that the change in use from agricultural to residential is not sufficiently buffered against adjacent existing incompatible uses, or 3. "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," in that open space and recreation areas are not delineated on the plan to the minimum 80% required in the regulations. Section 7.01.03, Planned Unit Development, Standards and Requirements I. OPEN SPACE STANDARDS Staff's position is that the proposed site plan does not meet the open space standards of a PUD in an agricultural Future Land Use as outlined in this section. Section 7.01.03.1.2.c states that "All areas to be dedicated for open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development." In the proposed plan, more than half of the required open space is included within private yards and not identified as distinct from any areas of those yards not included as open space. This section of the code goes on to require that "As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shall provide for" the dedication or conveyance of the open space to a public or private agency for the maintenance, or a restrictive easement over those portions of the properties that are to be kept as open space. As open spaces are not specifically dedicated on the plan, the applicant has provided for no means to implement any of these options at Final PUD. J. SETBACKS FROM AGRICULTURAL LAND Staff's position is that the proposed site plan does not "provide setbacks from the agricultural land sufficient to protect the function and operation of those uses" as required by this section. K. CLUSTERING OF DEVELOPMENT This section specifies that "Planned Unit Developments in all Future Land Use Categories are required to design the project in a clustered manner." This section further states that "In the Agricultural Land Use Categories clustered development is intended to reduce the cost Subject: Shinn Road Equestrian Estates Preliminary PUD File No.: PUD 06-002 April 3, 2009 Page 7 of 15 1 of required public infrastructure." The applicant has argued that, since the developer will be 2 funding all improvements required by development on the property, there will be no net cost 3 to the County for "public infrastructure." 4 5 Staff again points to standards in Section 7.01.01 and the language of Policy 1.1.2.2 that 6 speak more generally to the requirement for "clustering," "grouping," or "concentrating" 7 development areas "to minimize the cost of providing infrastructure and community services 8 to these areas" or to "result in smaller networks of utilities and streets and thereby lower 9 development costs." These excerpts of the regulatory document do not distinguish between 10 public and private development costs; they speak to the general intent of efficient use of 11 land and services. 12 13 B. EFFECT ON NEARBY PROPERTIES 14 15 1. The proposed building or use will not have an undue adverse effect upon nearby 16 property, the character of the neighborhood, traffic conditions, parking, utility 17 facilities, and other matters affecting the public health, safety, and general welfare. 18 19 The proposed project does not provide sufficient buffering to adjacent agricultural uses, and 20 may therefore have an adverse effect upon nearby property and the character of the 21 neighborhood. In some areas, the site plan provides as little as 30' between property lines 22 and active agriculture, which is insufficient to buffer the activities of the active agriculture 23 properties from impacting the future residents of this project. 24 25 While the applicant has concentrated development away from the northwest corner of the 26 property adjacent to the Save the Chimps site, staff is concerned that this distance alone is 27 insufficient to buffer the residential use from the noise of the animals. Save the Chimps has 28 requested the applicant to provide a berm with planting on the subject property, as they 29 have done on their property in anticipation of any future development being approved. 30 31 Staff has included conditions of approval in our recommendations to address these 32 insufficiencies. 33 34 2. All reasonable steps have been taken to minimize any adverse effect of the 35 proposed building or use on the immediate vicinity through building design, site 36 design, landscaping, and screening. 37 38 As mentioned in the response to #1 above, this has not been accomplished. The applicant 39 should take additional steps to minimize adverse effects of the proposed development on 40 the immediate vicinity by further clustering development areas and increasing landscaping 41 and screening adjacent to existing agricultural uses, including the Save the Chimps site. 42 43 3. The proposed building or use will be constructed, arranged, and operated so as not 44 to interfere with the development and use of neighboring property, in accordance 45 with applicable district regulations. 46 47 As mentioned in the response to #1 and 2 above, this has not been accomplished. The 48 applicant should take additional steps to arrange the site plan of the proposed residential 49 lots so as not to interfere with the uses of neighboring agricultural properties. This should 50 be done in accordance with the applicable regulations for Planned Unit Developments as 51 outlined in Section 7.01.01 and discussed above in Standards of Review, Part A. 52 Subject: Shinn Road Equestrian Estates Preliminary PUD File No.: PUD 06-002 April 3, 2009 Page 8 of 15 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 C. ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. Scheduled Improvements Okeechobee Road (SR 70) is being widened to 6 lanes from the Florida Turnpike to Jenkins Road. These improvements are currently programmed within the State DOT 5-Year Work Program and will mitigate any traffic impacts of this project upon SR 70. Portions of SR 70 between the Okeechobee County Line and the Turnpike are within the State Work Program for construction as a 4-lane facility. Water Supply, Wastewater and Solid Waste Comments from the Health Department on October 6, 2008 indicate that "each proposed lot exceeds the one half (1/2) acre minimum lot size requirement of Chapter 64E-6 FAC ... however, we would suggest, as a precaution, the applicant indicate the dimensions and location of their smallest lot." Staff has included a condition of approval in the Recommendations section below to address this comment. In addition, the Health Department points out that "well and septic tank permits will be based upon the applicable Florida Statute and Florida Administrative Code at the time of application and permits will be issued based upon the information supplied on the applications submitted. We must caution the applicant that any obstructions (i.e. retention ponds, driveways, well setbacks, unusually wide easements, etc) which may be required by other agencies, cannot be exempted from consideration by Florida Administrative Code and Statute." Parks There is no negative net effect on parks level of service resulting from this project. Drainage St. Lucie County Public Works has indicated that a St. Lucie County Stormwater Permit is required in accordance with Sections 7.07.00 and 11.05.07 of the Land Development Code prior to any construction or development activity on site. Also required is a South Florida Water Management District Environmental Resource Permit, and a North St. Lucie River Water Control District drainage connection permit and canal crossing permit. North St. Lucie River Water Control District has stated that an application for permit has not been submitted to date, but that the engineer for the project is coordinating with the District in the pre -application phase. Right -of -Way and Access Required right-of-way proposed for dedication to St. Lucie County by the applicant includes: Road Name Existing R.O.W. Proposed R.O.W Ultimate R.O.W Shinn Road 83-90 feet 20-27 feet 130-160 feet Goldsmith Road 50 feet 35 feet 85 feet Trowbridge Road 60 feet 0 N/A Header Canal Road 22 feet 0 N/A Subject: Shinn Road Equestrian Estates Preliminary PUD File No.: PUD 06-002 April 3, 2009 Page 9 of 15 1 The St. Lucie County Greenways and Trails plan was adopted by the BOCC on May 06, 2 2008. The developer shall be required to construct a 12-foot multiuse path within the right of 3 way of Shinn Road for the limits of the subject parcel. The multiuse path shall be located at 4 the ultimate right of way line. The path may meander to avoid specimen trees. 5 6 Traffic Analysis Summary 7 In reviewing the Traffic Impact Analysis, staff identified the following concerns: 8 9 1. In consideration of the proposed 106 single family lots that would generate 113 p.m. 10 peak hour trips, the applicant is recommending a 30% traffic assignment onto Shinn 11 Road north of the Project. In that Shinn Road is designated as a 2 lane rural facility 12 that currently and primarily serves agriculture related traffic, staff is recommending 13 that the 30% assignment rate be reduced for Shinn and increase the assignment of 14 traffic for SR 70/Okeechobee Road east of the project location. 15 2. With the Kings Highway at Orange Avenue intersection operating at an 16 unacceptable level of service condition, staff is requesting the applicant to include 17 the assignment of project traffic onto this intersection as part of the Traffic Impact 18 Analysis. 19 20 The applicant's January 14, 2009 response letter contradicted the need for the inclusion of 21 the Kings Highway and Orange Avenue intersection as it does not fall within the two mile 22 radius of the project. Staff's revised comments of March 11, 2009 are as follows: 23 24 1. Regarding the study area radius of influence, Section 11.02.09 (4)(b) states that 25 "The Development Review Committee shall require extension of the study area to 26 incorporate collector and arterial roadways and intersections outside of the (2) mile 27 base area if traffic generated by the proposed development potentially would affect 28 levels of service of such roadways and intersections and existing or projected levels 29 of service if such roadways are Level of Service "C" or below". In that this project 30 will impact the deficient Kings Highway at Orange Avenue intersection (see 31 Comment 2. below), County staff is recommending the inclusion of this location for 32 traffic analysis purposes. 33 2. As reflected within the submitted Traffic Impact Report, this project generates 113 34 p.m. peak hour trips. 30% of these trips representing 34 vehicles are assigned to 35 North Shinn Road north of the project. Using a 75% eastbound/ 25% westbound 36 movement distribution for project traffic assigned to Orange Avenue from North 37 Shinn Road yields an assignment of approximately 26 p.m. peak hour trips to 38 Orange Avenue at the Kings Highway and Orange Avenue intersection. This 39 intersection is operating at a deficient level of service and is currently completing the 40 design phase for future improvements. In accordance with Section 5.06.03: 41 Adequate Public Facilities of the Land Development Code, the applicant must 42 ensure that necessary road improvements to provide capacity necessary to maintain 43 adopted level of service are adopted. 44 45 Recommendations to address the identified issues are as follows: 46 1. Staff is recommending that a fair share cost analysis be undertaken by the 47 applicant's traffic engineer. This analysis must determine the number of project trips 48 that will contribute to the intersection group deficiency. County staff can provide an 49 intersection fair share analysis matrix that can be used by the applicant to calculate 50 the fair share. The total intersection construction cost estimate to be used in this 51 analysis is $8,753,456. Subject: Shinn Road Equestrian Estates Preliminary PUD File No.: PUD 06-002 April 3, 2009 Page 10 of 15 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 2. County staff is requesting this analysis be undertaken and can be an addendum to the original submitted TIR. An updated or revised TIR by the applicant is not required. 3. The applicant is requested to use the most current Year 2007 traffic data as part of the analysis. D. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County Bureau of Fire Prevention written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. Comments from the St. Lucie County Fire District indicate that they have an agreement with the applicant that "involves the conveyance of additional property to the existing Fire Station directly adjacent to the project. ... The applicant just needs to submit the formal conveyance of property to the District.... The Fire District is approving this project with the condition that all aspects of the required Developer's Agreement between the Applicant and the Fire District are finalized prior to Commission Approval." Staff has included a recommended condition in the draft resolution to address this issue. E. ADEQUACY OF SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities. The St. Lucie County School Board has approved the proposed project. F. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter V111, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn. St. Lucie County Environmental Resource Department has reviewed the petition and submitted a report on the environmental impacts of the proposed development: Site Description: Habitat, Species & Potential Impacts The 532-acre site is bordered by Shinn Road to the east, Ten -mile Creek (aka North St. Lucie River Water Control District Canal 71 [NSLRWCD C-71]) to the south, NSLRWCD canal to the west, and citrus groves to the north. Ten -mile Creek is a major tributary to the North Fork of the St. Lucie River, and as such, it has been a focus of the Comprehensive Everglades Restoration Plan's efforts toward attenuation and treatment of stormwater flows. Therefore, although the site was along a stretch of Ten -mile Creek not covered by the SLC Land Development Regulation's Shoreline Protection Codes, ERD staff worked with the applicant on ways to reduce high-nutrient/pollutant stormwater runoff from the site. Methods agreed to by the applicant included discussion of Best Management Practices (including the Florida Yards and Neighborhoods Program) within Homeowner's Documents, recommended 300-foot septic set -backs from adjacent canals (particularly Ten -Mile Creek), and provision of educational materials to Homeowners. Subject: Shinn Road Equestrian Estates Preliminary PUD File No.: PUD 06-002 April 3, 2009 Page 11 of 15 1 The site is primarily composed of improved pasture (114 acres), active citrus groves (413 2 acres), and agricultural ditches (3 acres). The following wildlife were observed on -site 3 during ERD's February 10, 2006 site visit: northern harriers, red -bellied woodpecker (with 4 possible active nest in a fence pole), five hooded mergansers in canal, several little blue 5 herons and tricolored herons (both state -listed as Species of Special Concern [SSC]), two 6 otters in an agricultural ditch, an alligator and a white ibis (both state -listed SSC) in an 7 agricultural ditch, and three to five Audubon's crested caracara (Federally threatened) 8 perching and foraging in the pasture on -site and on adjacent lands. Therefore, ERD 9 recommended that species -specific surveys should be conducted for potential caracara 10 nests and that the well -utilized pasture areas should be retained within the proposed 11 equestrian community. Staff also required that the stormwater ponds be planted with native 12 upland and littoral zone vegetation, to compensate somewhat for the agricultural ditches to 13 be filled. The proposed plans include the required littoral and upland buffer planting areas. 14 15 Open Space 16 On December 20, 2006, ERD signed off on the prior submittal (November 3, 2006 GM date- 17 stamped) of Shinn Road Equestrian Estates Preliminary PUD with conditions. This prior 18 submittal was not provided to the BOCC for consideration. The subsequent resubmittal 19 provided on September 15, 2008 differs substantially from the prior ERD-approved version, 20 in that: 21 22 1. Open space proposed outside of individual lots has been decreased by 27.2 acres, 23 representing a 5% decrease in common open space to 35.37%; 24 2. Overall common open space connectivity has been reduced, with increased 25 fragmentation created by proposed roadways and residential lots; and 26 3. Buffering between the proposed residential lots and the adjacent Chimpanzee 27 Sanctuary has been increased from a minimum buffer distance of 500 feet to a 28 minimum of 1,100 feet. 29 30 While ERD is supportive of the increased buffering of the Chimpanzee Sanctuary, the 31 decreased acreage of open space outside of individual lots and the reduced connectivity of 32 the common open space areas cannot be recommended, as the prior submittal achieved 33 the larger, more connected common open space of 40.4% with the same total number of 34 residential lots. Additionally, recently approved Agricultural PUD's have achieved a greater 35 percentage of common open space and/or agricultural open space set -aside than is 36 proposed in this project. For example, Hunter's Run provided 60.7% common open space, 37 and Shinn Lakes provided 53% of the site as an agricultural parcel. 38 39 SLC Comprehensive Plan Policy 8.1.8.5 requires open space areas be maintained. As 40 such, a condition of approval requires that the applicant provide an Open Space 41 Management Plan discussing the proposed management of both the common and lot -level 42 open space lands to ensure they are not inadvertently developed or neglected, losing their 43 habitat or agricultural value. In their January 14, 2009 letter, the applicant stated that an 44 Open Space Management Plan is not required and will not be provided. 45 46 Greenways & Trails 47 Subsequent to our prior review, the BOCC adopted a Greenways and Trails Master Plan, 48 which identifies the need for a connection between Shinn Road and the SFWMD C-23 49 North Reservoir. The proposed equestrian community may benefit from a Greenway and 50 Trail linkage to the potential trails adjacent to the SFWMD C-23/24 Reservoir, if and when 51 the reservoir is opened to equestrian use. Staff has made it a condition of approval that the 52 applicant work with the ERD Greenways and Trails Coordinator to identify a location for a Subject: Shinn Road Equestrian Estates Preliminary PUD File No.: PUD 06-002 April 3, 2009 Page 12 of 15 1 potential trail prior to Final PUD. Provision of an easement for this location would not be 2 required until prior to issuance of a Vegetation Removal Permit or Exemption and only if 3 equestrian use of the trails adjacent to the C-23/24 Reservoir has been confirmed by the 4 SFWMD. Should the SFWMD determine such use will not be allowed any time prior to the 5 Vegetation Removal Permit or Exemption, the applicant will not be required to comply with 6 this condition. 7 8 Conditions of Approval: 9 Prior to the issuance of any St Lucie County permits (i.e. Building Permits, Vegetation 10 Removal Permit, etc.), conditions of approval contained in the Recommendations section 11 below must be met. 12 13 14 RECOMMENDATIONS 15 16 Staff has reviewed this petition and determined that it does not conform to the standards of review 17 as set forth in the Section 11.02.07 of the St. Lucie County Land Development Code. Staff 18 recommends denial of the Preliminary Planned Unit Development Site Plan for Shinn Road 19 Equestrian Estates because: 20 21 1. The proposed site plan is not consistent with the AG-5 (Agricultural — 5) Future Land Use 22 Category, or with Policies 1.1.2.3, 1.1.2.5, and 1.1.2.6 of the Comprehensive Plan. 23 2. The proposed site plan is not consistent with Section 7.01.01, Planned Unit Development, 24 Purpose and Section 7.01.03.1-K, Planned Unit Development, Standards and Requirements 25 of the Land Development Code. 26 3. The proposed site plan will have an undue adverse effect upon nearby property, the 27 character of the neighborhood, and other matters affecting the public health, safety, and 28 general welfare. 29 30 Attached is a copy of Draft Resolution 09-066. If the Board of County Commissioners finds that the 31 application is consistent with the County Land Development Code, Comprehensive Plan and 32 requirements for transportation capacity, staff recommends that the following be included as 33 conditions of approval for the Shinn Road Equestrian Estates Preliminary PUD: 34 35 Property Acquisitions 36 1. Prior to Final PUD approval, the following corrections shall be made and shown consistently on 37 all site and engineering plans: 38 a) NSLRWCD Canal No. 56 label and right-of-way width shall be accurately depicted on all 39 sheets. 40 b) NSLRWCD Canal No. 58 label and right-of-way width shall be accurately depicted on all 41 sheets. 42 c) NSLRWCD Canal No. 57 label and right-of-way width shall be accurately depicted on all 43 sheets. 44 d) NSLRWCD Canal No. 71 label and right-of-way width shall be accurately depicted on all 45 sheets. 46 e) Existing right-of-way widths and proposed dedication for Shinn Road shall be accurately 47 depicted on all sheets. 48 f) Label and existing right-of-way width for Header Canal Road shall be accurately 49 depicted on all sheets. 50 g) Areas to be donated to the St. Lucie County Fire District shall be labeled as "Donation 51 in favor of SLCFD" on all sheets. 52 h) Approved street names shall be labeled on all sheets. 53 Subject: Shinn Road Equestrian Estates Preliminary PUD April 3, 2009 File No.: PUD 06-002 Page 13 of 15 1 Public Works — Engineering 2 2. Prior to Final PUD approval, engineering drawings must specify RCP pipe to be used under all 3 roads. 4 3. Prior to Final PUD approval, all proposed turn lanes must meet FDOT design requirements. 5 4. Prior to Final PUD approval, engineering cross section for each canal crossing must be 6 provided and approved by the County Engineer. 7 5. Prior to Final PUD approval, all improvements in the public right-of-way requiring drainage 8 improvements shall be addressed by the project. 9 10 Public Works — County Surveyor 11 6. The proposed right-of-way donation for Shinn Road and Goldsmith Road shall be conveyed 12 within 60 days after PUD approval in a manner and form acceptable to the County Attorney. 13 7. Prior to Final PUD approval, the developer shall be required to construct a 12-foot multiuse 14 path within the right of way of Shinn Road for the limits of the subject parcel. The multiuse path 15 shall be located at the ultimate right of way line. The path may meander to avoid specimen 16 trees. 17 8. Prior to final plat approval, all improvements shall be constructed or bonded, and all 18 landscaping and mitigation associated with the project shall be guaranteed by a separate bond 19 and agreement. 20 21 Health Department 22 9. Prior to Final PUD approval, the applicant shall indicate the dimensions and location of their 23 smallest lot to ensure that the minimum lot size requirement is met for the provision of well and 24 septic. 25 26 St. Lucie County Fire District 27 10. Prior to Final PUD approval, all aspects of the required Developer's Agreement between the 28 Applicant and the Fire District shall be finalized. 29 30 Zoning 31 11. Prior to Final PUD approval, show dimensions of each lot on site. 32 12. Prior to Final PUD approval, provide agreement for access across the Canals 56, 57, and 58 33 from NSLRWCD. 34 13. Prior to Final PUD approval, indicate location on site plan of any model homes, sales office, or 35 construction trailer. Sales office and model homes have specific parking and landscaping 36 requirements according to Sections 8.02.02 E and 8.02.02 1 of the Land Development Code 37 38 St. Lucie County School Board 39 14. Prior to Final PUD approval, the applicant must demonstrate that the bus turnaround exit meets 40 the minimum lane width requirement of 14 feet in order to achieve adequate area for the bus 41 turnaround and exit. 42 43 Growth Management 44 15. Prior to Final PUD approval, the site plan shall be amended to depict the location of all portions 45 of the 80% required open space. The dedication of or restrictive easement on these land areas 46 shall be outlined as required by the Environmental Resources Department. 47 16. Prior to Final PUD approval, the site plan shall be amended to provide a landscaped berm 48 along the project boundary adjacent to NSLRWCD Canal No. 58. The applicant shall work with 49 staff, in conjunction with representatives of Save the Chimps, to design an appropriate height 50 and landscape materials to sufficiently buffer future residents from activity on the Save the 51 Chimps site. Subject: Shinn Road Equestrian Estates Preliminary PUD File No.: PUD 06-002 April 3, 2009 Page 14 of 15 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 17. Prior to the issuance of a Certificate of Capacity, the Traffic Impact Analysis shall be modified as follows relocate the 30% assignment rate from Shinn Road to SR 70/Okeechobee Road east of the project location. 18. Prior to the issuance of a Certificate of Capacity, the Traffic Impact Analysis shall be modified to include the assignment of project traffic onto the intersection of Kings Highway and Orange Avenue. The applicant's traffic engineer shall undertake a fair share cost analysis to determine the number of trips that will contribute to the intersection group deficiency. Prior to Final PUD approval, the applicant shall pay the Proportionate Fair Share cost of the development impact on the deficient intersection. Environmental Resources Department 19. Prior to final PUD approval, the applicant shall work with the ERD Greenways and Trails Coordinator to identify a location for a potential easement to provide a 10' recreational trail. Provision of an easement for this identified location is required prior to issuance of a Vegetation Removal Permit or Exemption and only if equestrian use of trails adjacent to the C-23/24 Reservoir has been confirmed by the SFWMD. At any time prior to Vegetation Removal Permit or Exemption issuance, should the ERD Director determine that equestrian use of the trails adjacent to the C-23/24 Reservoir will not be allowed by the SFWMD, the ERD Director is authorized to waive this condition. 20. Prior to final PUD approval, the spacing of littoral zone plantings of cordgrass shall be decreased to at least 36" on -center, consistent with the other proposed littoral plantings. 21. Prior to final PUD approval, the applicant shall have either performed caracara surveys in accordance with FWS protocols or shall have provided ERD with correspondence from FWS indicating that such surveys would not be necessary for the site. If surveys are warranted, methods and results shall be provided to ERD per Comprehensive Plan Policy 8.1.12.5. In the event that surveys warrant site plan revisions based on FWS recommendations, such revisions would require SLC review and approval, as per the Land Development Code. 22. 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 ERD 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. 23. Prior to final PUD approval, the applicant shall provide ERD with proposed plans for dedication of common open space areas to a public or acceptable private agency (such as an HOA) and dedication of lot -level open space via a restrictive easement, per Section 7.01.03.1.2.c. 24. Prior to issuance of a Vegetation Removal Permit or Exemption for any portion of the Shinn Road Equestrian Estates PUD site, the developers, their successor or assigns, shall either record an Open Space Management Plan as part of the Homeowners' Association Documents or separately. The Open Space Management Plan shall be acceptable to the ERD Director or designee and address specific common and lot -level open spaces. The Open Space Management Plan, accompanied by the Homeowners' Association Documents, if jointly recorded, along with an affidavit and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, shall be provided to the County Attorney for review and approval. 25. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide a copy of the Homeowners Association guidelines (Homeowners/Property Owners Association or Declaration of Covenants documents) for our review. The guidelines, at a minimum, should specify restrictions on any encroachment into the Open Space Areas as well as restrictions on vegetation removal outside the building pad areas per Comprehensive Plan Policy 8.1.8.5. At a minimum the documents shall include: Subject: Shinn Road Equestrian Estates Preliminary PUD April 3, 2009 File No.: PUD 06-002 Page 15 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. Language which notifies prospective property owners that the association property includes platted open space areas wherein uses are restricted by St. Lucie County Land Development Code; and b. Reference to the Open Space Management Plan. 26. Within 12 months of Final PUD approval, invasive exotics shall be removed throughout the site, including along the entire length of all requested easements. 27. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an improvement agreement acceptable to ERD covering the cost of all required landscaping, irrigation, tree mitigation, tree relocation, and related improvements as shown in the site plan. A copy of this agreement can be obtained by visiting the SLC ERD website at: http://www.stlucieco.org/erd/index.htm. 28. Prior to obtaining a Vegetation Removal Permit or Exemption for each lot, a detailed development plan shall be submitted to determine compliance with LDC 6.00.05A&B as well as lot -level open space requirements. Detailed development plans may include a site plan or building plan, as required by the SLC LDC, for the area proposed for vegetation removal. Tree mitigation for the area proposed for development shall be included and must be approved by ERD prior to issuance of the Vegetation Removal Permit or Exemption. ATTACHMENTS: 1. Maps 2. Draft Resolution 09-066 3. Referenced excerpts from Land Development Code and Comprehensive Plan 4. Application materials, site plans and supporting documents 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 RESOLUTION NO. 09-066 FILE NO.: PUD 06-002 A RESOLUTION DENYING PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL FOR A 532.243 ACRE (MORE OR LESS) PARCEL OF LAND LOCATED ON THE WEST SIDE OF SHINN ROAD, APPROXIMATELY 1.5 MILES NORTH OF OKEECHOBEE ROAD, BETWEEN N.S.L.R.W.C.D. CANAL #58 AND N.S.L.R.W.C.D. CANAL #71, WHICH WOULD PERMIT APPROXIMATELY 106 DWELLING UNITS FOR THE PROJECT KNOWN AS SHINN ROAD EQUESTRIAN ESTATES, MAKING FINDIN F FACT AND DETERMINING CONCLUSIONS OF LAW. WHEREAS, the Board of County Commissioners of St. L Co Florida, based on the testimony and evidence, including but not limited to the st report, made the following determinations: 1. Dennis O'Shea of Stiles Development, thr Thom Lucido & As to agent, presented a petition for a Change in Zoni the A (Agricultural 1 5 acres) Zoning District to the PUD (Planned Unit D Shinn Ro Equestrian Estates) Zoning District and Preliminary Planned evelopment Site Plan approval for the project to be known as Shi It8 ad Equestria tes, a single family residential subdivision consisting of 532.24 and 106 sin mily lots. The property is located on the west side of Shinn oximately 1. north of Okeechobee Road, between NSLRWCD Canal Noa WCD Ca No. 71. 2. On February 15, 20 is item was uled 7RWlic hearing by the St. Lucie County Planning Commissio f which clArpublic notice was published and mailed to all pro y own ithin 500 fe of the subject property at least 10 days prior to the hearin to the art of the p 'c earing, the item was pulled from the agenda by the req f th licant. 3. On A the cie Co anning and Zoning Commission held a public he g, of w e pu otice was published and mailed to all property owners n 500 feet o subJ erty at least 10 days prior to the hearing, and ended to th and o unty Commissioners that Preliminary Planned Unit Dev ent Site PI appr al for the project known as Shinn Road Equestrian Estate aooroved/ ied). 4. On May 19, , th and of County Commissioners of St. Lucie County, Florida, held a public heari hich due public notice was published and mailed to all property owners within 5 eet of the subject property at least 10 days prior to the hearing, on the Preliminary lanned Unit Development Site Plan for the project known as Shinn Road Equestrian Estates, and heard and considered additional testimony on the proposed Development Order for this project. FINDINGS OF FACT �. The Development Review Committee has foun consistent with the goals, objectives and policies the St. Lucie County Comprehensive Plan, a d that the proposed project is not of the Future Land Use Element of nd does not meet the technical File No.: PUD-06-002 4/3/2009 Draft Res 09-066 Page 1 1 2 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 requirement of the St. Lucie County Land Development Code. B. The proposed project will have an undue adverse effect on adjacent property, the character of the neighborhood, and other matters affecting the public health, safety, and general welfare. C. All reasonable steps have not been taken to minimize any adverse effect on the proposed project on the immediate vicinity through building design, site design, landscaping and screening. IL The proposed project is not constructed, arranged and with the development and use of neighboring property, district regulations. NOW, THEREFORE, BE IT RESOLVED by Lucie County, Florida, having made the finding: conclusions of law: M as not to interfere nce with applicable rd of County Coml Set fh above, ma Pursuant to Section 11.02.05 of the St. Lucie Preliminary Planned Unit Devel nt project to be Estates, as depicted on the site awings for th Lucido & Associates, P.A., last vl January received by the St. Lucie County (lowthIflMhoament hereby denied. The property of St. lowing Land Development Code, the Sn as Shinn Road Equestrian e prepared by Thomas 1 09, and date stamped January 27, 2009, and is nted is described as follows: NEWON 30, TOWNSHIP 35 SOUTH, RANGE 39 D LESS THE NORTH 56 FEET AND LESS A E BEING 60 FEET ON THE SOUTH LINE AND 79 5S AND EXCEPT THE FOLLOWING: CO CE AT THE UTHREAST CORNER OF THE SOUTHWEST QUARTER OF SECT[ TOWN IP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FL0RIDA; NO 00 DEGREES 23'10" WEST, ALONG THE QUARTER SECTION LI TANCE OF 2167.61 FEET TO THE POINT OF BEGINNING; THENCE RUN TH 89 DEGREES 59'40" WEST, A DISTANCE OF 290 FEET; THENCE RUN RTH 00 DEGREES 23'10" WEST, A DISTANCE OF 170 FEET; THENCE RUN SOUTH 89 DEGREES 59'40" EAST, A DISTANCE OF 290 FEET; THENCE RUN SOUTH 00 DEGREES 23'10" EAST, A DISTANCE OF 170 FEET TO THE POINT OF BEGINNING; SUBJECT TO A COUNTY OWNED RIGHT-OF-WAY AS RECORDED IN DEED BOOK 114, PAGE 259, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. PARCEL 2 File No.: PUD-06-002 4/3/2009 Draft Res 09-066 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 THE EAST ONE-HALF OF THE NORTHEAST ONE -QUARTER TOGETHER WITH THE SOUTH ONE-HALF OF SECTION 25, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LESS ROAD AND CANAL RIGHTS OF WAYS. (On the west side of Shinn Road, approximately 1.5 miles north of Okeechobee Road, between NSLRWCD Canal No. 58 and NSLRWCD Canal No. 71.) C. A copy of this Resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director. a, D. A copy of this Resolution shall be mailed, return recei nested, to the developer and agent of record as identified on the site plan appli E. This Resolution shall be recorded in the Public R d f St. L ounty. After motion and second, the vote on this resoluf s as fo s: Chair Paula A. Lewis Vice -Chairman Charles Chwde XXX Commissioner Doug Cowa Commissioner Chris Craft Commi ei zadovsky X XXX PASSED AND DULY AD'1§WQM1ftjLday of NJIFy, 2009. ATTEST Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chair APPROVED AS TO FORM AND CORRECTNESS County Attorney File No.: PUD-06-002 4/3/2009 Draft Res 09-066 Page 3 1 2 3 Exhibit A Map PUD-06-002 Zoning Stiles Development - Shinn Road Equestrian Estates MEN ® Subject parcel Zoning N AG-5 -Agricultural (1 du/5 ac) 500 ft. notification area .... I - Institutional Map prepared Mamn 19, 20. File No.: PUD-06-002 4/3/2009 Ir Draft Res 09-066 Page 4 cn N W V c �l A;unoo aagogoaa)/o Li 6 zQ o 0 �� Q e N m Q 0 L d G a a �'l\l V ) 6 1 L < 6 f ^ ca Q2i NNIHS W SS 'ON IVNV5TWMISN cu ■ ■ N ■ ■ N ' ■ W.... ......� ■ ■ 9S�ON��VNVlvOWMISIV O O ■ cu ■ z LO O O . ■ a ■ O ' ■ , � ab13J41�18M02i1 � o cn Qo Z ..:4-1 ......■ Z 1 V ■ Q ■ L O '(DN;IVNVoa4WMlSN LS ■ _ U) U) ■00- 0- o ■ z , N Q— = ■ ■ _O O LO ■ ' > ■ =J Q W ■ ■ ■ Q3�Pt13HiS . vJ �• cE ■■■■■...■.■■. N C O U U Q Q .Q Q M Q VJ^Lo 7 ■ ■ �■ r OFFICE USE ONLY DATE FILED: REVIEW FEE: RECEIPT NO: SP NUMBER: RESOLUTION NO: CONCURRENCY FEE: RECEIPT NO: CERT. CAPACITY NO: ST. LUCIE COUNTY COMMUNITY DEVELOPMENT 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982-5652 56I-462-2822 APPLICATION FOR CHANGE IN ZONING TO PLANNED DEVELOPMENT (PUD, PNRD, PMUD) and CERTIFICATE OF CAPACITY DIRECTIONS Please complete the requested information and submit all items to the St. Lucie County Community Development, 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 adjustment, 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 Department of Community Development, Planning Division. REVIEW FEES and THRESHOLDS PRELIMINARY PLAN FINAL PLAN Required Review Pee Less than 20 acres S 1500.00 $ 500.00 + $5.00 per acre 20 acres to 50 acres S 1,800.60 > 50 acres S 2,000.00+ S 5,00 per acre Concurrency Fee Not required at preliminary stage $400.00 Minimum Size PUD 10 contiguous acres of land under common ownership or control PNRD In Residential Land Use 10,000 square feet minimum lot size (under common ownership or control) In Commercial Land Use 20,000 square feet minimum lot size (under common ownership or control) In Industrial Land Use 20,000 square feet minimum lot size (under common ownership or control) In Mixed Land Use 20,000 square feet minimum lot size (under common ownership or control) PMUD 1 acre of land per proposed land use within a Planned Mixed Use Develo ment under common ownership or control Initial submissions shall include the following: 1. One (1) original of the completed Planned Development application. 2. Fifteen (15) copies of the site plan graphics. 3. Ten (10) copies of the required boundary and topographic survey. 4. Four (4) copies of the traffic impact report (if applicable), 5. Four (4) copies of the environmental impact report (if applicable). 6. Four (4) copies of the landscape plan. 7. One (1) original vegetation removal application with required surveys and photos. 8. One (1) copy of the Preliminary Drainage Data (if available), 9. One (1) copy of the St. Lucie County Property Tax Map (Scale 1:200) with the property under petition highlighted. All applications for a Planned Development must be completed and filed with the Department before 4:30 PM each business day to meet applicable filing deadlines. For an application submission to be determined complete, all required materials must be present at the time of submission. PROJECT INFORMATION oCATION/SITE ADDRESS SE corner of Shinn Road and NSLRWCD Canal 58 UD/PNRD/PMUD NAME Shinn Road Equestrian Estates PROPERTY TAX ID 4 2225-111-0002-000/ 1 2330-300-0000-0000/1 LEGAL DESCRIPTION (attach extra sheets if necessary) Please see the attached legal description SECTION 25 & 30 TOWNSHIP 35S RANGE 39E PARCEL SIZE ACRES 530.4 SQUAREFOOT 23,104,224 ZONING DISTRICT AG-5 AND USE CLASSIFICATION AG-5 DESCRIPTION OF PROJECT project is designed as an Agriculture PUD consistent with the Comprehensive Plan and Land Development Code. The project provides I06 single family lots on 530.4 acres of land. TYPE OF CONSTRUCTION (Check [ �/) RESIDENTIAL NUMBER OF RESIDENTIAL 106 all appropriate boxes) SITS/SUBDIVIDED LOTS [ ] COMMERCIAL TOTALSQUAREFOOTAGE [ j INDUSTRIAL OTAL SQUARE FOOTAGE [ ) OTHER PLEASE SPECIF UMBER AND SIZE OF NA UTPARCELS F APPLICABLE DESCRIBE THE REASON FOR Zoning change is requested to allow development of an Agriculture PUD HE REQUESTED CHANGE IN consistent with the St Lucie County Comprehensive Plan. IZONING 11 IS THE PROPOSED REZONING IN CONFLICT WITH ANY PORTION OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE OR THE ST. LUCIE COUNTY COMPREHENSIVE PLAN? The rezoning will not be in conflict with anv portion of the Land Development Code or the Comprehensive Plan. ST. LUCIE COUNTY APPLICATION FOR PLANNED DEVELOPMENT 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, SF WMD 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, and Setbacks for all ✓ Parking & Loading Areas buildings V/ Identification of maximum buildable area under ✓ Water/Wastewater Facilities review ✓ Identification of all easements ✓ Identification of all Drainage Facilities Identification of adjacent driveways ✓ Location of all streets ✓ Location of all open spaces ✓ Landscaping Plan Lighting Plan ✓ Phasing Plan ✓ Transportation Impact Report Environmental Impact Report ✓ Vegetation Removal Plan Sea turtle Protection Plan ✓ If you answered no to any of the above questions, please explain in the space below: Vegetation removal plan will be submitted at time of building permit application. Seaturtle protection plan is not applicable, the project is located inland of the Atlantic Ocean. The project will not be built in phases. SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of site plan approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this property/project. ACKNOWLEDGMENTS Applicant Information (Property Developer) Name: Stiles Development Agent Information Name: Thomas Lucido & Associates Address: 300 S.E. 2nd Street Address: 100 Avenue A, Suite 2A Fort Lauderdale, FL, 33301 Fort Pierce, FL 34950 Phone: 954-627-9195 Fax; 954-627-9288 Phone: 467-1301 Fax: 467-1303 Property Owner Information This application will not be considered complete without the notarized signature of all Property owners of record which shall serve as an acknowledgment of the submission of this application for site plan approval. The property owner's signature below shall also serve as authgtization flTheaove applicant or agent to act on behalf of said property owner. Property Owner Signature Property Owner Name (Please Print) Mailing Address: 300 SE 2nd Street Fort Lauderdale, FL 33301 Phone: (954) 627-9300 STATE OF FLO DA COUNTY OF The foregoing instrument was acknowledged before me this _ day of �_, 20 01r , by 1 /f�/7/2/S 05h&—' who is personally known to me or who has produced as id ification. Signature ofNotary Patricia Clements OFFICE USE ONLY Project Reviewer: DRC Review: Approval Date: Comments: Type or Print Name of Notary Notary Public Title,,,,,, Patricia 1;larrtellts Commission Number Commission #!)D215188 =" Expires: Jun 14, 2007 Bonded Thru O°,o' Atlantic Bonding Co., Inc.. (Seal) January 6, 2006 St. Lucie County Growth Management 2300 Virginia Avenue Fort Pierce, FL 34982-5652 RE: Shinn Road Equestrian Estates - Owner Authorization Dear Sir or Madam: As the property owner, I hereby authorize Stiles Development/Mark Van Dyke as applicant and Thomas Lucido and Associates as agent, to file, on my behalf, a Site Plan application for the parcel identified by the following tax identification number(s): 2330- 300-0000-0000/1, (150.65 acres). Furthermore, I authorize the same, to be permitted to take this project through the County's rezoning process in order to obtain AG PUD zoning. Thank you for your attention to this matter. Sincere Property Owner Signature S/St. Lucie Property, Ltd Mailing Address: A 300 2nd Street 10th Floor Fort Lauderdale, FL 33301 Dpnnj -E, O l Shea Print owner's name Phone: 25A-b27 9300 The fore oin instrument/'as acknowledge ere -me -this day of , 2006, by v .%��- personall�bwn to me o ho has pr ced as identification. Q em nts 9,0 02 / Notary Signature Print Notary Name Notary Commission Number (Seal) Patricia Clements Commission #DD215188 Expires: dun 14, 2007 Bonded I af'n, Atlantic Bonding Co„ Inc. St. Lucie County Comprehensive Plan Policies Referenced in Staff Report for Shinn Road Equestrian Estates Preliminary PUD FUTURE LAND USE ELEMENT AG-5 Land The AG-5 land use designation is intended for those areas of the County outside the Use Category planned urban service areas associated with agricultural and agricultural -related activities. These areas are recognized for first, being appropriate for the production of citrus, cash crops, or ranching activities. These areas are acknowledged as potentially suitable for limited residential development under the following criteria: • All residential development must be in accordance with applicable standards and restrictions as set forth in the Land Development Regulations; • All residential development proposals in excess of 10 units must be approved through the Planned Unit Development (PUD) process as provided for in the Land Development Regulations; • Any activity other than crop or food product related production, including combinations of properties/uses, in excess of 200 acres should be in conjunction with the establishment of a Community Development District, pursuant to Chapter 190, Florida Statutes, for the purpose of providing the necessary infrastructure facilities to support that development; and, • Residential densities are set at a maximum of .20 units per gross acre (one (1) unit per 5 gross acres). Policy 1.1.2.2 Any application or petition to divide a lot or parcel of record as of January 9, 1990, in the AG-2.5 or AG-5 future land use categories, into more than 8 lots, parcels or tracts, shall be approved only through the planned development process consistent with the other Goals, Objectives and Polices of this Plan, except in those instances where the division of lot or parcel of record as of January 9, 1990, would result in individual parcels or tracts of 20 acres or more in size and no streets roads or other public or private infrastructure are required. If two (2) or more lots, parcels or tracts or combinations of lots parcels or tracts and portions of lots parcels or tracts which are contiguous to other lots parcels or tracts under single or common ownership interest and were of record on January 1, 1990, the lands involved shall be considered to be an undivided parcel for the purposes of this Policy, provided however, that lots, parcels or tracts separated by an ingress/egress, access or roadway easement that was of record on January 1, 1990, but specifically excluding any easement limited to utilities, drainage or other non - access purpose, shall not be considered an undivided parcel for the purpose of this Policy. Where any new street, road, or other public or private infrastructure is proposed within the PUD it shall be designed in a manner that provides for the grouping or concentrating of all development areas and activities in order to minimize the cost of providing infrastructure and community services to these areas while maintaining a minimum of 80% Open Space (gross area). Comprehensive Plan Policies Referenced in Staff Report Shinn Road Equestrian Estates Preliminary PUD Page 1 of 2 Policy 1.1.2.3 All future non-agricultural development within the AG-5 and AG-2.5 future land use categories will be required to preserve open space, which is to be defined to include, but not be limited to, agricultural activities such as groves and range land as well as preservation of natural areas according to the following criteria: a. developments in excess of eight (8) units, or greater than 160 acres in gross area, whichever is more restrictive must retain a minimum of 80% of the project site as open space developments of eight (8) units or less, or involving 160 acres or less in gross area, whichever is more restrictive must retain a minimum of 50% of the project site as open space, provided that this paragraph shall not be applied to avoid the remainder of this policy through further subdivision of land parcels as existed as to record on January 9, 1990. For any planned development project developed within the AG-5 and AG-2.5 future land use categories, a minimum of 35% of the gross project area shall be held in common ownership or management control. Nothing in this Policy is intended to prevent these areas of required common open space from, at the discretion of and acceptance by the appropriate unit of local or state government, being conveyed into public ownership or trust. For any agricultural PUD, equal to or less than 160 acres in gross area or involving eight (8) or less lots or parcels, whichever is more restrictive, the required common open space, may be held in either common or individual interest. Policy 1.1.2.5 The County shall include in its land development regulations a site assessment process to evaluate the potential conversion of existing or designated agricultural land uses to non-agricultural land uses in a rational and orderly manner. Such provision shall require as a condition to such conversion that the Board of County Commissioners affirmatively find that the proposed non-agricultural use: a. is compatible with adjacent land uses; b. maintains the viability of continued agricultural uses on adjacent lands; C. contains soils suitable for urban use as defined by the St. Lucie County soil survey; d. is suitable with existing site -specific land characteristics; e. is consistent with comprehensive development plans; f. will have available the necessary infrastructure concurrent with the anticipated demands for development; g. will avoid the extension of the urban services boundary to create any enclaves, pockets, or finger areas; and, h. Could not be feasibly located on non-agricultural land. Policy 1.1.2.6 Provide adequate buffering and/or setbacks between agriculture and non-agricultural uses to protect such agricultural uses from adverse impacts associated with encroachment of non-agricultural development or creation of nuisances by agricultural operations. Insure that Agricultural Best Management Practices are used. Comprehensive Plan Policies Referenced in Staff Report Shinn Road Equestrian Estates Preliminary PUD Page 2 of 2 C. AG-5 AGRICULTURAL - 5 _ 1. Purpose The purpose of this district is to. provide and protect an environment -suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one dwelling unit per.five (5) gross acres. The number in "()" following each identified use corresponds to the SIC code reference described in Section' 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Agricultural production - crops tot) b. Agricultural production - livestock & animal specialties (w) C. Agricultural services (an d. Family day care homes. (999i = = e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative -Services (HRS) notifies the Board of. County Commissioners at the time .of home. occupancy that the home is licensed by HRS. (gig) f. Fishing, hunting & trapping (09) g. Forestry (on h. Kennels_ pm" ) i. Research Facilities, Noncommercial vm) j. Riding stables. (7999) k. Single-family detached dwellings. (999) j_ Telecommunication towers - subject to the standards of Section 7.10.23, (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. . Landscaping Requirements Landscaping Requirements are subject to Section 7.09.00 7. Conditional Uses a. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance. (,se,) C. Airports and flying, landing, and take -off fields. (ase,) d. Family residential homes located within a radius of one thousand (1,000) feet of another St, Luis county Land Deve)opmerA Code Adopt August T.1 990 3-9 Revised Thtouph 05 15/04 . Ee3 such family residential home. oe9) e. Farm products warehousing and storage. (422vi=) f. Gasoline service stations. (ss41) g. Industrial wastewater disposal. (999) h. Manufacturing: . (1) Agricultural chemicals (2m (2) Food- & kindred products rn) (3) Lumber & wood products, except fumiture (24) i. Mining and quarrying of nonmetallic minerals, except fuels 114) j. Retail trade: (1) Farm equipment and related accessories (999) (2) Apparel & accessory stores (w) k. Sewage disposal subject to the requirements of Section 7.10.13 (9") I. Camps - sporting and recreational (7ost) m. Off -Road Vehicle Parks, except .go-cart raceway operation or rentals (7m), subject to the requirements of Section 7.10.21 (999) n. Outdoor shooting ranges, providing site plan approval: is obtained according to the. provisions of Sections 11.02.07 through 1J.02.09 and Section 7.10.19 of this Code. Accessory Uses: Accessory uses are subject to the requirements of Section 8.00,00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05.. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. C. Guest house subject to the requirements of Section 7.10.04. (999) SL Lucie County Land Development Code Adopted August T. 1990 3-10 " Revised7trooghOSlt5JD4 St. Lucie County Land Development Code Sections Referenced in Staff Report for Shinn Road Equestrian Estates Preliminary PUD CHAPTER 7 DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.01.00 PLANNED UNIT DEVELOPMENT 7.01.01 PURPOSE The Planned Unit Development (PUD) District is intended to achieve 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 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. 7.01.03 STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Unit Development shall be as follows: OPEN SPACE STANDARDS 2. A Planned Unit Development that is proposed in any Agricultural Future Land Use Category shall conform to the following open space standards: a. For any Planned Unit Development, equal to or less than 160 acres in gross area and involving eight (8) or less lots or parcels, a minimum of 50% of the gross land area to be committed to the planned unit development must be for use as open space, of which 35% of the gross land area is to be retained as common open space. For the purpose of this paragraph, open space, in an agricultural PUD, including the required common open space, may include, parks, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common recreation areas , common open space, common landscaping and planting areas, pastures and productive agricultural areas which may be held in either common interest, individual interest, or other areas of public purpose or use other than street, road or drainage rights -of -way, common parking areas and above ground utilities, excluding stormwater treatment facilities. Land Development Code Sections Referenced in Staff Report Shinn Road Equestrian Estates Preliminary PUD Page 1 of 4 For any Planned Unit Development, greater 160 acres in gross area or eight (8) divisions, a minimum of 80% of the gross land area to be committed to the planned unit development must be for use as open space, of which a minimum of 35% of the gross land area is to be retained as common open space which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping and planting areas, or other areas of public purpose or use other than street, road or drainage rights -of -way, above ground utilities, excluding stormwater treatment facilities, and parking areas. b. A minimum of fifty (50) percent of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required open space. For each acre of preserved native habitat above the required minimum 50 percent that is preserved in its original state, credit shall be given at a rate of 150 percent per acre towards the remaining open space requirement. C. All areas to be dedicated for open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total open space requirement, subject to the requirement that 50% of any existing native habitat on the property must be included as part of the required 80% open space. As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shall provide for one of the following: 1. The advance dedication of all open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the 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 Unit Development ; or, 2. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for open space shall be a specific condition of approval for the Planned Unit Development; or, 3. The identification of restrictive easement or plat dedication that would serve to create a perpetual conservation or use restriction easement over those portions of the properties that are to be kept as open space meeting the requirements of this section d. No parcel of land identified for use as a open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Unit Development. Land Development Code Sections Referenced in Staff Report Shinn Road Equestrian Estates Preliminary PUD Page 2 of 4 e. 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 open space requirement, provided that the open space meets the requirements of this Code. J. SETBACKS FROM AGRICULTURAL LAND Planned Unit Developments adjacent to land used for agricultural purposes, or designated for agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan, shall provide setbacks from the agricultural land sufficient to protect the function and operation of those uses from the encroachment of Urban activities or uses. K. CLUSTERING OF DEVELOPMENT Planned Unit Developments in all Future Land Use Categories are required to design the project in a clustered manner. Planned Unit Developments in the Residential, Conservation, Special District or Mixed Use Future Land Use Categories are required to design the project in a clustered manner that will reduce the cost of required infrastructure, provide for large integrated common open space areas, and provide for reduced long term maintenance costs for the community. In the Agricultural Land Use Categories clustered development is intended to reduce the cost of required public infrastructure. 7.04.02 OPEN SPACE REQUIREMENTS A. PURPOSE The purpose of this Section is to provide standards for Open Space and Habitat Preserve areas within the areas designated for Agricultural Land Use under the St. Lucie County Comprehensive Plan. B. GENERAL GUIDELINES The following activities and land uses may be counted toward open space: 1. Passive recreation areas 2. Natural preserves, wetland and upland habitats, including those areas of on -site preservation required by the other provisions of this Code 3. Required landscape and common areas. 4. Playgrounds and active recreation areas, but not including swimming pools, tennis courts and/or other impervious activity areas. 5. Golf courses Land Development Code Sections Referenced in Staff Report Shinn Road Equestrian Estates Preliminary PUD Page 3 of 4 6. Agricultural activities not involving any activities within an enclosed or covered structure. 7. Lakes, ponds, and waterways in private ownership, but available for use by the residents/occupants of the particular development. 8. Stormwater detention and retention facilities providing that no more than thirty (30%) percent of the overall open space requirement shall be satisfied in this manner. C. OPEN SPACE STANDARDS IN AGRICULTURAL AREAS (RESERVED) D. OPEN SPACE STANDARDS IN PLANNED UNIT DEVELOPMENTS Open space requirements, as a percentage of the total site, for all Planned Unit Developments shall be as set forth in Section 7.01.00. Land Development Code Sections Referenced in Staff Report Shinn Road Equestrian Estates Preliminary PUD Page 4 of 4 �1 Date Sent: 3/18/2009 Attention: James A. Beams Sign Up Request Sign # Sign to be installed by Sign Technicians before: Wednesday, April 1, 2009 OR Sign to be ready for pick up before: Tuesday, March 31, 2009 (Pickup hours: 7:00 -11:30or 12:30- 3:00) Please return signed and dated original to Deanna Givens (ext. 6426) at Growth Management. Thank you. St. Lucie County Affidavit of Public Notice I, , do hereby certify that as Agent for the St. Lucie County Board of Commissioners on the following described property: Location of sign Southwest corner of Shinn Road and NSLRWCD Canal 58 (south of fire station # 11 located at 3501 Shinn Rd) I did on , 2009 erect in a conspicuous place on this property the following notice: PUBLIC NOTICE Public Hearing for an application of Stiles Development for a Preliminary Planned Unit Development Site Plan approval and change in zoning from AG-5 to PUD for 106 single family lots on 532 acres, for a project to be known as Shinn Road Equestrian Estates. The Public Hearing for this matter will be held in the County Administration Building, 2300 Virginia Avenue, Fort Pierce, on Thursday, April 16, 2009 @ 6:00 PM or as soon thereafter as possible before the Planning and Zoning Commission and on Tuesday, May 19, 2009 @ 6:00 PM or as soon thereafter as possible before the Board of County Commissioners. PETITIONS ARE AVAILABLE AT THE FRONT DESK IN THE GROWTH MANAGEMENT DEPARTMENT. Signature Date Form No. 07-13 00 O N N N (D N N N (D N (D VN c." 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O (1•! 0 N 0 0 O o 0 N N r O O (D (D N N o M 0 N 0 0 0 0 r 0 0 r 0 0 O 0 0 C ; C 3 O o o o o o 0 o o o o o o 0 0 o o o cc coo cc o 0 o o o 0 o 0 o o o O o O o 0 o o o o o O p O 0 0 0 0 O O 0 o r N o o '- N o 0 M 0 0 r 0 0 0 �" r 0 0 r r 0 0 '- r cc N 0 0 '- O 0 cc r O 0 O N 0 0 r r 0 0 O M 0 0 r �- 0 0 M M 0 0 N r 0 0 .- r 0 0 r 0 0 M r 0 0 .- r 0 0 O O M M C d o v (DD 0 0 iD N v m v r v r 0 ((pp (l c ) d C v ` v N o o (n N N (n (n N N (A (n N o 0 0 (D r M (p o w .- r o o m (n N o (D M N V1 o (n (D N tD �n N v N v N v o o o 0 M O- < n E 'C v N A a N M M N N N N N N N N N N m M M N Mmmmm N NN N N NT N N N M M M M M N N N N N N M N M N M M N N Cl) N N Q Q LL U Nm J R-�2 M v N (D I� W m N N N-mO N N N N r M M N M M M v (n M M (D 1� M M Wr M M v v v v v v v v v v BOARD OF COUNTY COMMISSIONERS Thursday, March 19, 2009 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 ST.LUCRE COUNTY _ F L O R I D A RE: Shinn Road Equestrian Estates, File No. PUD 06-002 GROWTH ., In accordance with the St. Lucie County Land Development Code, you are hereby advised that Stiles Development presented a petition to St. Lucie County for Preliminary Planned Unit Development Site Plan approval and change in zoning from AG-5 to PUD for 106 single family lots on approximately 532 acres, for the following described property: Location: West side of Shinn Road, approximately 1.5 miles north of Okeechobee Road, between NSLRWCD Canal 58 and NSLRWCD Canal 71. The Planning and Zoning Commission public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on Thursday, April 16, 2009, in the County Commission 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 Growth Management Department 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's name and number listed above. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION /S/ CRAIG MUNDT, CHAIRMAN Form No. 07-12 2HRIS 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.stiucieco.00v 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 GROWTH MANAGEMENT - Phone (772) 462-2822 FAX (772) 462-1581 m c m U C cv fa � O o Q UJ t� C C (� (D U07 C _0 Qi c6 E O 0. of C C O � •C (II 3: C ,C (Q U N O O >> L O O E O Q N c^0' f� O co C � O C E O O p O — O � _ O U) C 0 U) C CD O C) .— (� L ap CL c� d o L I ✓: < O _ �+- U Q' C � C ILN Lri 1 Q V Q ab NNI SS 'ON IVNVO OWMISN 9Si'ONLIdNbO�aWMISN ro ■ ■ z ■ ■ J ■ ■ 13JaRJ8M0.b U •♦ 0 0 ■ .■■■ ■■■■.■■ Z Z ■ (•I V ■ Q Q ■ U ■ 1 LS 'ON.IVNV�iOWMISN � ■ ■ J ■ Z ■ In � ■ cn ■ ■ O ■ ■ a2i lb� 'o 2i3ad30,S 6S 'ON IVNV� QV Y J L V'J Q Q ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA April 16, 2009 NOTICE OF PROPOSED PLANNED UNIT DEVELOPMENT The St. Lucie County Planning and Zoning Commission is scheduled to review and make recommendations regarding the following item petitioned by the applicant for adoption by the Board of County Commissioners of St. Lucie County, Florida, by resolution. RESOLUTION NO. 09-D66 A RESOLUTION DENYING PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL FOR A 532.243 ACRE (MORE OR LESS) PARCEL OF LAND LOCATED ON THE WEST SIDE OF SHINN ROAD, APPROXIMATELY 1.5 MILES NORTH OF OKEECHOBEE ROAD, BETWEEN N.S.L.R.W.C.D. CANAL #58 AND N.S.L.R.W.C.D. CANAL #71, WHICH WOULD PERMIT 106 DWELLING UNITS FOR THE PROJECT KNOWN AS SHINN ROAD EQUESTRIAN ESTATES, MAKING FINDINGS OF FACT AND DETERMINING CONCLUSIONS OF LAW. APPLICANT: Stiles Development FILE NUMBER: PUD 06-002 PURPOSE: The purpose of this hearing is to consider an application of Stiles Development for a Preliminary Planned Unit Development Site Plan approval and change in zoning from AG-5 to PUD for 106 single family lots on approximately 532 acres, for a project known as Shinn Road Equestrian Estates. LOCATION: West side of Shinn Road, approximately 1.5 miles north of Okeechobee Road, between NSLRWCD Canal 58 and NSLRWCD Canal 71, LEGAL DESCRIPTION: PARCEL 1 THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LESS THE SOUTH 84 FEET AND LESS THE NORTH 56 FEET AND LESS A STRIP OF LAND ON THE EAST SIDE BEING 60 FEET ON THE SOUTH LINE AND 79 FEET ON THE NORTH LINE AND LESS AND EXCEPT THE FOLLOWING: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST LUCIE COUNTY, FLORIDA; RUN NORTH 00 DEGREES 23'10" WEST, ALONG THE QUARTER SECTION LINE, A DISTANCE OF 2167, 61 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 89 DEGREES 59'40" WEST, A DISTANCE OF 290 FEET; THENCE RUN NORTH 00 DEGREES 23'10" WEST, A DISTANCE OF 170 FEET; THENCE RUN SOUTH 89 DEGREES 59'40" EAST, A DISTANCE OF 290 FEET; THENCE RUN SOUTH 00 DEGREES 23'10" EAST, A DISTANCE OF 170 FEET TO THE POINT OF BEGINNING, SUBJECT TO A COUNTY OWNED RIGHT- OF-WAY AS RECORDED IN DEED BOOK 114. PAGE 259, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. PARCEL2 THE EAST ONE-HALF OFTHE NORTHEAST ONE-QUARTERTOGETHER WITH THE SOUTH ONE-HALF OF SECTION 25, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST LUCIE COUNTY, FLORIDA, LESS ROAD AND CANAL RIGHTS OF WAYS. cas G snip Eq.etovm<ni rr af,inn RoaE Equesiiian Eeialea PUD-06-002 N \ r' yy � � x! E5veka aropeiry aK.a R0 The Planning and Zoning Commission 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 Thuraday. April 16 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 Planning and Zoning Commission should be received by the Growth Management Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Growth Management Department offices located at 2300 Virginia Avenue, 2n° 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 Planning and Zoning Commission has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approval or disapproval, any applications within their area of responsibility. The proceedings of the Planning and Zoning Commission are electronically recorded. PURSUANT TO Section 86 010 Florida taut if a person decides to appeal any decision made by the Planning and Zoning Commission 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. 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, PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /SICRAIG MUNDT, CHAIRMAN PUBLISH DATE: April 2, 2009 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI o Date: November 3, 2009 Regular [X] Public Hearing [ ] Consent[ ] PRESENTED BY: Heather Young `V�- Assistant County Attorney SUBJECT: Airport West Commerce Park - Consider Adoption of Proposed Resolution No. 09-304 Waiving Competitive Bid/Proposal Process for Lease with Project Can Do and Approving the Proposed Lease Agreement BACKGROUND: See C.A. No. 09=1377 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board adopt proposed Resolution No. 09-304, as drafted. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 �Y County Attorney: Daniel S. McIntyre Originating Dept.: Diann Lewis CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signature 7Mgt. & Budget: Purchasing: Marie Gouin Other: Other: illiam Hoeffner Finance (Check for Copy only, if applicable INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1377 DATE: October 23, 2009 SUBJECT: Airport West Commerce Park - Cons.ider Adoption of Proposed Resolution No. 09-304 Waiving Competitive Bid/Proposal Process for Lease with Project Can Do and Approving Proposed Lease Agreement Subject to Federal Aviation Administration Approval BACKGROUND: On October 6, 2009, the Board of County Commissioners adopted Ordinance No. 09-028 which amended Chapter 1-16.2 (Public Property) of the Code of Ordinances and Compiled Laws to create Leasing Standards and Procedures for the Airport West Commerce Park. As provided in Section 125.35, Florida Statutes, the ordinance permits the Board of County Commissioners to waive the competitive bid or proposal requirement for the Airport West Commerce Park subject to public notice and the adoption of a resolution authorizing the waiver. Attached to this memorandum is a copy of proposed Resolution No. 09-304 which was drafted pursuant to Ordinance No. 09-028 for the proposed Commerce Park lessee identified as Project Can Do. As set forth in the resolution, Project Can Do desires to lease Lots 1, 2 and 3, Airport West Commerce Park, Phase I, to construct a manufacturing and research facility for a targeted industry meeting the requirements of Section 1-7.55-2(d)(1) of the Code of Ordinances, namely a medical testing and supply production firm which will employee a minimum of one hundred sixty (160) persons by December 31, 2014 with an average annual wage of sixty thousand and 00/100 dollars ($60,000.00). A portion of the Commerce Park plat showing the location of the lots is also attached. Notice of the Board's intent to consider adoption of the proposed resolution was published in the St. Lucie Tribune on October 21, 2009. In addition to waiving the competitive bid/proposal requirements for the proposed lease, the resolution also provides for the approval of the proposed lease agreement, a copy of which is attached to the resolution as Exhibit "A". The lease provides for Can Do to construct a building with a minimum size of two hundred thousand (200,000) square feet within thirty-six (36) months. The initial lease term will be forty-nine (49) years with an option to renew for an additional forty-nine (49) years subject to approval by the Federal Aviation Administration (FAA). Can Do will be required to pay a security deposit in the amount of twenty-nine thousand nine hundred fifty and 76/100 dollars ($29,950.76). Based upon the fair market value of the property, the initial rental rate will be one hundred nineteen thousand eight hundred three and 00/100 dollars ($119,803.00). Rental payments will be abated for the first eleven (11) years of the lease. This includes the first year of the lease during which the facility will be permitted and constructed. For budget purposes and in accordance with FAA grant assurances, the rental amount will be shown as revenue for the airport and transferred to the General Fund as a credit. On the tenth anniversary of the Lease Commencement Date and each year thereafter, the annual rental rate will be adjusted each year based upon the Consumer Price Index. Every five years, including the rent abatement period, the property will be reappraised and the annual rental rate adjusted based upon fair market of the property. In the event Can Do assigns the lease or subleases the property, the rent abatement will be discontinued. As stated above, Can Do will be required to create a minimum of one hundred sixty (160) new jobs with an annual minimum wage of sixty thousand and 00/100 dollars ($60,000.00) by December 31, 2014. The lease provides for a phased job creation schedule of sixty (60) new jobs by December 31, 2011, an additional sixty (60) new jobs by December 31, 2012 and the remaining forty (40) jobs by December 31, 2014. Can Do intends to apply for a Job Growth Incentive Grant which will further memorialize this obligation. Failure to create and maintain these job levels shall be considered a default under the terms of the Lease. RECOMMENDATION/CONCLUSION Staff recommends the Board of County Commissioners adopt proposed Resolution No. 09-304 as drafted. Respectfully submitted, Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Airport Director Finance Director Grants/Disaster Recovery Director Management and Budget Director 1 RESOLUTION NO. 09-304 2 3 A RESOLUTION WAIVING THE COMPETITIVE 4 BID/PROPOSAL REQUIREMENTS FOR LEASE OF 5 LOTS 1, 2 AND 3, AIRPORT WEST COMMERCE 6 PARK TO A MEDICAL SUPPLY AND TESTING 7 PRODUCTION FIRM PURSUANT TO SECTION 1- 8 16.2-9 (BID/PROPOSAL WAIVER PROCEDURE) OF 9 THE ST. LUCIE COUNTY CODE OF ORDINANCES 10 AND COMPILED LAWS; AUTHORIZING THE CHAIR- 11 OF THE BOARD OF COUNTY COMMISSIONERS TO 12 EXECUTE THE LEASE AGREEMENT ON BEHALF OF 13 THE COUNTY; AND PROVIDING AN EFFECTIVE 14 DATE 15 16 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, 17 has made the following determinations: 18 19 1. On October 6, 2009, the Board adopted Ordinance No. 09-028 which 20 amended Chapter 1-16-2 (Public Property) of the St. Lucie County Code of 21 Ordinances and Compiled Laws to establish alternative leasing standards and 22 procedures for the Airport West Commerce Park located at the St. Lucie County 23 International Airport. 24 25 2. The Board desires to enter into a lease agreement with a medical 26 supply and testing production firm known as "Project Can Do", (the "Lessee), for 27 certain property located in the Airport West Commerce Park. 28 29 3. Use of the alternative leasing procedures for the Airport West 30 Commerce Park will better address the needs of both the County and the Lessee. 31 32 NOW, THEREFORE, BE IT RESOLVED by the Board of County 33 Commissioners of St. Lucie County, Florida: 34 35 1. The Board hereby makes the following findings of fact: 36 1 I A. The Lessee desires to lease the following described Premises 2 from the County: 3 4 Lots 1, 2, and 3, Airport West Commerce Park Phase I, as s recorded in the Plat thereof in Plat Book 60, Pages 31-35 6 of the public records of St. Lucie County, Florida. 7 8 B. The Lessee intends to construct on the above -described 9 Premises a manufacturing and research facility for a targeted 10 industry meeting the criteria set forth in -Section 1-7.55-1(d)(2) of 11 the St. Lucie County Code of Ordinances and Compiled Laws, namely a 12 medical testing and supply production firm which will employ a 13 minimum of sixty (60) persons by December 31, 2011, an additional 14 sixty (60) persons by December 31, 2012, and an additional forty (40) 15 persons by December 31, 2014, with an average annual wage of sixty 16 thousand and 00/100 dollars ($60,000.00). 17 18 C. The Lessee's intended use of the leased premises will significantly 19 enhance economic activity in the County. 20 21 2. Pursuant to Section 1-16.2-9, the Board hereby waives the competitive 22 bid/proposal requirements for the proposed lease of the Premises to the Lessee. 23 24 3. The Board further authorizes the Chair to sign the Lease Agreement, 25 a copy of which is attached hereto and incorporated herein as Exhibit "A", as 26 negotiated by the County Administrator and approved as to legal form and 27 correctness by the County Attorney. 28 29 4. In the event of any conflict between terms and conditions of this 30 resolution and the St. Lucie County International Airport Leasing Policy and 31 Procedure, this resolution shall control. 32 33 5. This resolution shall take effect upon the date of adoption. 34 35 36 1 2 3 4 5 6 7 8 9 10 11 12 L3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 After motion and second, the vote on Resolution 09-304 was as follows: Chair Paula Lewis XX Vice -Chair Charles Grande XX Commissioner Doug Coward XX Commissioner Chris Craft XX Commissioner Chris Dzadovsky XX PASSED AND DULY ADOPTED this XX day of XX, 2009. ATTEST: DEPUTY CLERK 5:\atty\resoltn\2009\09-304.doc BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY. CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: 3 COUNTY ATTORNEY PLOT BOOK 60 ...... an. -m— a N9 5 :ai F LEASE AGREEMENT THIS IS A LEASE AGREEMENT, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Lessor"), and PROJECT CAN DO, ("Lessee"). In consideration of the mutual promises and covenants contained. in this Lease and other good and valuable consideration, the receipt of which is acknowledged, it is agreed between Lessor and Lessee as follows: 1. PREMISES. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, certain real property located at , Fort Pierce, Florida, and more particularly described in Exhibit "A", attached hereto and incorporated herein, ("premises" or "leased premises"). 2. PURPOSE. Lessee agrees to use the premises for a manufacturing production facility. Within thirty-six (36) months of the date written above, the Lessee shall design, permit and construct a building with a 200,000 square feet obtain a certificate of occupancy and/or commence operations on the leased premises. Failure to obtain a certificate of occupancy or commence operations within such period shall be considered a default under Paragraph 16 of this Lease. The use of the leased premised by the Lessee is specifically subject to the rules, regulations, and conditions promulgated by the Lessor, the Federal Aviation Administration or its successor agency, or by St. Lucie County, the State of Florida or any other federal, state, or local agency having ,jurisdiction over the operations of St. Lucie County International Airport and is further subject to the terms, conditions, and regulations imposed by the Lessor, including but not limited to the "St. Lucie County International Airport Leasing Policy and Procedure", a copy of which is attached hereto and incorporated herein as Exhibit "B". In the event of a conflict between the terms and conditions of this Lease and the above- refernced Leasing Policy, the terms and conditions of this Lease shall control. The parties further acknowledge and agree the leased premises were constructed pursuant to U.S. Department of Commerce Financial Assistance Award No. 04-01- 05375 and the use of the leased premises is subject to the terms and conditions of said Award. 1 3. MUTUAL REPRESENTATIONS AND WARRANTIES. Lessee acknowledges that it has made, or had an opportunity to make, a thorough and complete inspection of the leased premises and is fully advised of its condition, nature of construction, if any, and state of repair. Lessee fully accepts the leased premises in its present state of condition. Lessor warrants that Lessor has full authority to enter into this Lease, notwithstanding the foregoing; Lessee may conduct additional site inspections, and may, at Lessee's sole discretion terminate this lease with written notice to Lessor within Sixty (60) days of the Effective Date of this Lease Agreement. 4. INDEMNIFICATION AGAINST CLAIMS. The Lessee is and shall be an independent contractor and operator, responsible to all parties for all of its acts or omissions and the Lessor shall in no way be responsible for such acts or omissions. The Lessee shall and will indemnify and hold harmless Lessor from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupation, management, or control of the leased premises by the Lessee or its -agents, servants, employees, customers, patrons, or invitees, arising out of or in any way connected with the operation or conduct of any business or businesses of the Lessee or its agent, servants, employees, customers, patrons, or invitees, whether on the leased premises or surrounding area, or resulting from injury to person or property, or loss of life or property of any kind or nature whatsoever sustained during the term of this agreement, in or about the leased premises or surrounding area (except for injuries, damages or claims which are the result of the primary negligence of the Lessor and for which the Lessor is legally, directly, and primarily liable). 5. NO LIENS CREATED. Lessee covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of Lessor in and to the property covered by this lease, and that no third person shall ever be entitled to any lien, directly or indirectly derived through or under the other party, or its agents or servants, or on account of any act or omission of any other party, except as allowed in this section and detailed below. All persons contracting with Lessee, or furnishing materials or labor to Lessee, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of the lease. 2 6. Leasehold Mortgages. 1) Lessee, may from time to time during the term of this Lease mortgage, hypothecate, or encumber, in whole or in part, its leasehold estate, subject to Lessor's prior written consent, which shall not be unreasonably withheld or delayed, and which consent shall not be withheld provided in each case that: (a) The holder of the Leasehold Mortgage shall be an Institutional Lender whose lending activities are regulated or supervised by an agency of the federal government or the State of Florida, with a minimum tangible net worth (i.e. net worth less intangible assets such as goodwill, trade names, patent rights and the like) or capital and surplus, at the time of such encumbrance or hypothecation, of at least Twenty Million Dollars ($20,000,000) but in no event less than the minimum net worth required to be maintained by such lender under any applicable regulations of the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or any other applicable federal or state governmental agency; (b) In no event shall Lessor be required to encumber or subordinate its fee title to the Premises or any part thereof or interest therein for any reason; (c) The Leasehold Mortgage shall not prohibit the disposition and application of insurance proceeds and condemnation awards as provided herein; (d) The Leasehold Mortgage shall encumber only the Lessee's interest as Lessee in the Premises and its interest as owner of the Improvements; (e) The Lessee or holder of the Leasehold Mortgage shall promptly deliver to the Lessor, in the manner herein provided for the giving of notice to Lessor, a true copy of the Leasehold Mortgage and any assignment thereof, and shall notify the Lessor of the address of the holder of the Leasehold Mortgage to which notices from the Lessor may be sent; and (f) Until such time as construction of the Improvements contemplated by this lease is complete, all of the proceeds from any loan secured by 3 the Lessee's interest in the Property shall be utilized in connection with the development and construction of such improvements. (2) In the event that Lessee encumbers or hypothecates its interest in this Lease as security for a loan as permitted above, and provided that Lessee delivers written notice to Lessor of the name and address of the lender of such loan, then Lessor hereby agrees that Lessor will give written notice of any default under the terms of this Lease, by registered or certified mail, to such lender at the address contained in such notice. Provided Lessee gives to Lessor written notice of the name and address of such lender as required above, no notice of a default by Lessor to Lessee shall be deemed to have been duly given to Lessee unless and until a copy thereof has been mailed to such lender at the address provided. Such lender, in case Lessee shall be in default under this Lease, shall, within the period and otherwise as herein provided, have the right to remedy such default, or cause the same to be remedied, and Lessor shall accept such performance by or at the instance of such lender as if the some had been made by Lessee. Provided Lessee gives to Lessor written notice of the name and address of such lender as required above, Lessor shall not take any action to terminate this Lease because of any default or breach thereunder on the part of Lessee if such lender (i) within sixty (60) days after mailing of written notice to such lender from Lessor of its intention to terminate the Lease for such default or breach, shall cure such default or breach if the same can be cured by the payment of expenditure of money, or (ii) shall diligently take action to obtain possession of the Premises (including possession by receiver) and to cure such default or breach in the case of a default or breach which cannot be cured unless and until such lender has obtained possession and shall, during such time, pay all rental and all other payments required to be made under this Lease, or (iii) if such default or breach is not so curable under the foregoing subparagraphs (i) or (ii), shall institute and carry forward with due diligence foreclosure or sale proceedings under its mortgage or deed of trust securing such loan and pay all rental and all other payments required to be made under such Lease until such time as Lessee's interest in this Lease shall be sold upon such foreclosure or sale proceedings pursuant to said mortgage or deed of trust; provided, however, such lender shall not be required to continue such action for possession or such foreclosure or sale proceedings if such default or breach shall be cured by Lessee. Upon completion of any such foreclosure or sale proceedings under said mortgage or deed of trust, the purchaser (whether such lender or otherwise) at such sale will be recognized by Lessor as Lessee under the terms of this Lease for all purposes and shall be bound hereby for the remaining term hereof. A lender who acquires title to 0 Lessee's interest in this Lease by acceptance of a deed in lieu of foreclosure shall be deemed a "purchaser" for these purposes. It is acknowledged and agreed by the Lessor and Lessee that bonds or other indebtedness may be issued for purposes of financing or reimbursing the costs of certain development, construction and acquisition of all or a portion of the Lessee Improvements and Equipment. The Lessor acknowledges and agrees that the obligation of the Lessee to repay the bonds or any indebtedness associated therewith, may be secured by a leasehold mortgage from the Lessee to a bond trustee or other lender in a form reasonably acceptable to the Lessor (the "Leasehold Mortgage"),' pursuant to which Lessee shall grant a mortgage to the trustee or lender encumbering Lessee's leasehold estate created by this Lease and any and all of Lessee's right, title and interest in and to this Lease. The parties hereto recognize that, if Lessee so requests, and the bonds or other indebtedness are issued and sold to finance the Lessee Improvements as contemplated herein, it may become necessary to modify or amend this Lease to make the bonds or other indebtedness saleable. The parties hereto agree that in the event the bondholders or the underwriters of the Bonds require modifications or amendments to this Lease (exclusive of economic modifications or amendments), the parties will in good faith consider and, if reasonable and not contrary to the parameters set forth below, negotiate the terms of such modifications and amendments as may be reasonably required by such parties; provided, however, that neither party shall be obligated to agree to any modification or amendment that results in: (i) the creation of any mortgage interest, security interest, lien, or any other encumbrance on Lessor's interest in the leasehold premises other than as provided in paragraph 1)(b) and (d) of this Section 6; or (ii) the Lessor or the Lessee incurring a greater financial obligation, economic burden or financial risk than is set forth herein; or (iii) that places additional obligations or liability on the Lessor or releases Lessee from any obligations or liability hereunder; or (iv) that otherwise deprives a party of the benefit, or deviates from the basis, of their bargain as set forth herein; or (v) that is deemed, in the reasonable judgment of a party, less favorable than the terms hereof. 7. OPERATION COSTS. Lessee agrees promptly to pay when due all of its operating, maintenance and servicing charges and costs, including telephone, gas, electricity, water and sewer, and all other expenses incurred in and use and operation of the leased premises. A Lessee agrees to obtain at its expense all permits and licenses which may be required by any governmental unit. Upon Lessor's request, at reasonable intervals, Lessee shall promptly furnish to Lessor evidence satisfactory to Lessor showing Lessee's compliance with its obligations under this section. Lessee shall be responsible for the payment of any and all ad valorem taxes and other taxes and/or assessments, which may be assessed against the leased premises during the term of this Lease. Lessor and Lessee acknowledge that Lessee intends to apply for a 10 year declining tax abatement for the property and anticipated improvements to be constructed thereon. 8. BANKRUPTCY OF LESSEE. Should Lessee, at any time during the term of this lease, file a voluntary petition in bankruptcy, or permit an involuntary petition in bankruptcy to be filed against it, or institute a composition or any arrangement proceeding under Chapter X or XI of the Chandler Act, or make any assignments for the benefit of its creditors, or should a receiver or trustee be appointed for Lessee's property because of Lessee's insolvency, and the appointment is not vacated within thirty (30) days thereafter, or should Lessee's leasehold interest be levied on and the lien not discharged within thirty (30) days after levy has been made, or should Lessee fail promptly to make the necessary returns and reports required of it by city, state and federal law, or should Lessee fail promptly to comply with all governmental regulations, city, state and federal, and should such failure in any manner jeopardize the rights of Lessor, then, and in such event, and upon the happening of either or any of such events, Lessor shall have the right, at its election, to consider the same a default on the part of Lessee of the terms and provisions of this lease, and, in the event of such default not being cured by Lessee within a period of thirty (30) days from the date of the giving by Lessor of written notice to Lessee of the existence of such default, Lessor shall have the option of declaring this lease terminated, and the interest of Lessee forfeited, or Lessor may exercise any other rights conferred upon it by this lease. The pendency of bankruptcy proceedings or arrangement proceedings, to which Lessee shall be a party shall not preclude Lessor from exercising any of its rights. In the event Lessee, or the trustee or receiver of Lessee's property, shall seek an injunction against Lessor's exercise of any right, such action on the part of Lessee, its trustee or receiver, shall automatically terminate this lease as of the date of the making of such application. In the event the court shall enjoin Lessor from exercising any of its rights, such injunction shall automatically terminate this lease. 0 9. REPAIRS AND MAINTENANCE. Lessee agrees at is expense to keep and maintain the leased premises, including grounds, furnishings, fixtures and personal property, if any, in a good state of repair and condition. Lessee shall comply with any aesthetic standards, which the Lessor may subsequently adopt for its leased properties. Lessee agrees at its expense to make all routine repairs to the leased premises, including electrical, plumbing, sewer, sewer conditions, and all other repairs that may be required to be made, including structural and air conditioner, and Lessee at its expense will keep the building interior, fixtures and equipment in a good state of repair, in good condition and at all times well painted. Lessee at its expense agrees to deliver to Lessor upon the termination of this lease the entire leased premises in a good state of repair and condition, ordinary wear and tear, and damage by the elements or by fire excepted. Lessee shall, throughout the term of this lease, assume the entire responsibility and shall relieve Lessor from all responsibility for all repair and maintenance whatsoever to the premises. Lessee shall keep the premises at all times in a clean and orderly condition and appearance and all of Lessee's fixtures, equipment and personal property which are located on any part of the premises which are open or visible to the general public shall likewise be so kept and maintained. Lessee shall be' responsible for the maintenance and repair of all fuel tanks and utilities service lines that Lessee is using (except common utilities, if any), including, but not limited to, service lines for the supply of water, gas, electricity and telephone service, sanitary sewers and storm sewers. Lessee shall, at all times during the term of this lease, take appropriate anti -erosion measures to prevent or restore erosion caused by Lessee, its agents, employees, or sublessees. In the event the Lessee fails in any material respect to so maintain, clean, repair, replace, rebuild the premises within a period of sixty (60) days after notice from Lessor to do so, or fails in any material respect diligently to pursue to completion such repair, replacement, or rebuilding, then Lessor may, at its option, and in addition to any other remedies which may be available to it, repair, replace, or rebuild all or any part of the premises included in such notice, and cost shall be payable by Lessee immediately upon demand of Lessor. 10. SIGNS AND OBSTRUCTION LIGHTS. Lessee shall have the right to erect, maintain or display any signs or any advertising on the exterior of the leased premises or within the leased premises, provided that such signs and advertising comply with all FAA, local government and airport rules, regulations and ordinances. At its own expense, Lessee shall install any obstruction and/or mitigation lights on 7 the leased premises and any improvements thereon as may be recommended by the Federal Aviation Administration. 11. TERM; TERMINATION. The term of this lease shall begin on November 1, 2009, (hereinafter referred to as the "Lease Commencement Date"), and shall terminate forty-nine (49) years from that date. Delivery of the possession of the premises to Lessee shall be made on the date of this Lease. The Rent Commencement Date shall be the first day of the month following the date of issuance of the certificate of occupancy or its equivalent by the appropriate governmental entity for the manufacturing facility to be constructed by Lessee on the leased premises, or December 1, 2010, whichever is earlier. Subject to the terms of this Section and the approval of the Federal Aviation Administration, Lessee shall have the option to renew the term of this Lease for One (1) term of forty-nine (49) years, to run concurrent with the expiration of the Primary Term. Lessee may exercise each option to renew the term by giving Lessor no less than One Year and no more than Three year's written notice of its intent to extend the term at the end of the then -expiring term. The day that is 365 days prior to the end of the then -expiring term for which the written notice is given as provided herein shall be the "Exercise Date." Within 30 days of the Exercise Date, Lessor shall provide to Lessee, an estimate of the next occurring adjustments to Base Rent as provided by Section 11 of this Lease. Lessee shall have 30 days after Lessee's receipt of Lessor's estimate of such adjustments to withdraw by written notice to Lessor, its exercise of its option to renew. Notwithstanding the foregoing, Lessee may terminate this Lease by providing a three year written notice to Lessor anytime after the seventeenth anniversary of the Rent Commencement Date. In the event that Lessee is unable to secure financing for the leasehold improvements necessary to construct a manufacturing production facility suitable to Lessee's requirements within twelve (12) months from Commencement Date, then Lessee may give written notice to Lessor of its decision to terminate the Lease and upon providing that written notice to Lessor, this Lease shall terminate without further obligation of either party. 0 12. RENT SECURITY DEPOSIT RENT CREDIT AND ANNUAL ADJUSTMENT. The parties acknowledge and agree that the fair market rental rate for the leased premises as of the date of the Lease Agreement is one hundred nineteen thousand eight hundred three and 00/100 dollars ($119,803.00). The parties further acknowledge and agree that the annual rental rate, and any rental rate adjustments, shall be abated for the first ten years of the Lease term. The parties acknowledge and agree the Lessee intends create at least sixty (60) jobs by December 31, 2011, an additional sixty (60) jobs by December 31, 2012, and an additional forty (40) jobs by December 31, 2014 which jobs shall have an annual average wage of sixty thousand and 00/100 dollars ($60,000.00). The parties intend to further memorialize this commitment in a Job Growth Incentive Grant Agreement. The parties further acknowledge and agree the creation of employment opportunities in a targeted industry is a significant factor in the Lessor's agreement to abate the rent as herein provided. Accordingly, the Lessee's failure to create and maintain the jobs as set out above and as may be set out in the Job Growth Incentive Grant Agreement shall be considered a default subject to the provisions of Paragraph 17 On or before the Rent Commencement Date, Lessee shall pay a security deposit in the amount of twenty-nine thousand nine hundred fifty and 76/100 dollars ($29,950.76). Such deposit shall be governed by the procedures set forth in Section 83.49, Florida Statutes. Payment shall be by check made payable to "St. Lucie County and delivered to 2300 Virginia Avenue, Administration Annex, Fort Pierce, Florida 34982, or such other location as directed in writing by Lessor. Lessee shall also pay all applicable sales tax imposed by federal, state and local governments. Beginning upon the tenth anniversary of the Lease Commencement Date and continuing each year thereafter, the Annual Rent shall be adjusted in accordance with the provisions hereinbelow. Said adjustments shall be computed six (6) months prior to the end of the preceding year, as the case may be, with the adjusted Annual Rent to be paid in equal consecutive monthly installments. The annual adjustment to the rental rate shall be determined by multiplying the annual rent then in effect by a fraction, the numerator of which shall be the index figure indicated for the month of June preceding each January 1st of the year of adjustment, such figure to be shown by the Consumer Price Index , the United States City Average All Items and Commodity Groups (1967 = 100), issued by the Bureau of Labor Statistics of the United States Department of Labor, and the 9 denominator of which shall be such Consumer Price Index figure indicated for the month of June preceding each January 1st of the year preceding the year of adjustment. Lessor shall provide Lessee with the new Annual Rent amount and Lessor's calculations to arrive at same within ten (10) days following the aforementioned calculation date. In no event shall the adjusted annual rental rate be less than the initial annual rent rate paid by the Lessee. If the Lease Term commences on a date other than the first day of a month, Lessee is obligated to advance its first payment of gross monthly rent on a pro- rata basis, computed based upon the number of days remaining the month of commencement divided by the total number of days in the month of the Lease's commencement. The rental rate, as stated and adjusted above, shall be subject to fair and non-discriminatory review and adjustment at the end of every five (5) year period from the Lease Commencement Date, including the rent abatement period. The Lessor shall base the adjustment on two appraisals and one review appraisal of the fair market rental value of the real property. The appraisals and review appraisal shall be conducted by appraisers who are designated members of a professionally recognized real estate appraisers' organization. The Lessor and the Lessee shall each be responsible for the selection and compensation of one of the appraisers. The parties shall jointly select the review appraiser and shall each pay one-half of the review appraiser's compensation. When such rental rates are established and approved by appropriate action of the Lessor, this Lease Agreement shall be considered amended, upon written notification by the Lessor to the Lessee of the establishment of the said rental rate applicable to the leased premises. The rental rate shall continue to be subject to yearly adjustment based upon the Consumer Price Index as above provided. 13. INSPECTION OF PREMISES. Lessor or its agents shall have the right to enter the leased premises and the buildings and improvements constructed on them at all reasonable business hours on twenty-four (24) hours notice for the purpose of inspecting the same, or for any other purposes not inconsistent with the terms of this lease. Lessor shall use its best efforts to not disturb the rights or business operations of Lessee or of any subtenants or occupants of the premises, except in the event of an emergency. U At any time and from time to time during reasonable business hours within six (6) months next preceding the expiration of this lease agreement or immediately upon the determination by Lessor of abandonment or a breach of this lease by Lessee, Lessor shall have the absolute right to enter the premises for the purpose of exhibiting and viewing all parts of the same and to place and maintain on the premises "To Let" signs, which signs Lessee shall allow to remain without interference or hindrance. If, during the last month of the term of this lease agreement, Lessee shall have removed all or substantially all of its property from the premises, Lessor may immediately enter, alter, renovate and redecorate the premises. The exercise of any or all of the foregoing rights by Lessor shall not be construed to be an eviction of Lessee nor shall the same be grounds for any abatement of rental or grounds for any claim or demand for damages by Lessee against Lessor, consequential or otherwise. 14. APPROVAL OF CONSTRUCTION. Prior to any construction upon the premises by Lessee, including any alterations, changes or additions, Lessee shall submit to Lessor complete building plans for such proposed construction, and prior to such construction, the written approval of plans must be given by Lessor and the 5t. Lucie County Growth Management Department which approval will not be unreasonably withheld and any other applicable government or agency. 15. CONDEMNATION. If any part of the Premises shall be taken or condemned for a public or quasi -public use, and a part remains which is susceptible of occupation, the rent payable shall be reduced, commencing with the date title shall vest in the condemnor, to the amount determined by multiplying such rent by a fraction, the numerator of which is the areas of the Premises remaining after condemnation, and the denominator of which is the area of the Premises as of the date of condemnation. If Lessee determines that the remaining portion of the Premises is inadequate for the uses contemplated by this Lease, Lessee shall have the option to terminate this Agreement as of the date when title to the part so condemned vests in the condemnor. If all of the Premises shall be so taken, this Agreement shall terminate on the date when title to the Premises vests in the condemnor. If a part or all of the Premises be so taken or condemned, Lessee shall be entitled to that portion of any award for Lessee's loss of buildings and its furniture and fixtures, the cost of removing its property and the loss of the value of its leasehold interest in the land so taken. In the event of such taking, Lessor 11 shall receive such portion of the award as is attributable to its reversionary fee interest in the land and any improvements comprising the Premises. Any portion of any condemnation award which is not specifically apportioned to Lessee, as aforesaid, shall be and become the property and belong to Lessor. 16. DEFAULT IN RENT. Lessee agrees promptly to perform, comply with and abide with this lease, and agrees that time of payment and of performance are of the very nature and essence of it. If any sums of money required to be paid by Lessee to Lessor shall remain unpaid for a period of ten (10) days after its due date and after ten (10) days written notice from Lessor stating that such ten (10) day grace period has expired, then Lessor shall have the following options and privileges: (a) Lessor may declare one (1) year's rental as presently due and payable. Such declaration shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of Lessee to pay rent under the terms of this lease for the period unaffected by the declaration. (b) Lessor may, after notice, terminate the lease. In addition to the options granted above, Lessor may exercise any and all other options available to it, which options may be exercised concurrently or separately with the exercise of the above options. 17. DEFAULT IN OTHER PROVISIONS. If Lessee shall default in the performance of any other term of this lease (except the payment of rent), then Lessor shall send to Lessee a written notice of default, specifying the nature of the default, and Lessee shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this lease shall continue as before. If Lessee shall fail to cure and remedy such default within the applicable time, Lessor shall have the right to declare, by written notice to Lessee, that the lease is in default, and to use all remedies available to Lessor, including, but not limited to, the default in rent, remedies, procedures and rights specified in subsections 16(a) and 16(b) of this lease. If written notice of the default shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default and does 12 so cure such default, Lessor shall not have the right to declare that lease term ended by reason of such default; provided, however, that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the lease term ended and enforce all of its rights and remedies under this lease for any other default not so cured. 18. OWNERSHIP AT TERMINATION. Except as otherwise herein provided, all buildings, structures and fixtures of every kind now existing or hereafter erected, installed or placed on the leased premises are the property of Lessor and shall be left in good condition and repair, ordinary wear and tear by the elements excepted. The Lessee shall satisfy any and all liens on all buildings, structures and fixtures of every kind now existing or hereafter erected, installed or placed on the leased premises prior to the effective date of termination. A fixture is defined as an article which was a chattel, but which, by being physically annexed or affixed to the premises by Lessee and incapable of being removed without structural or functional damage to the premises, becomes a part and parcel of it. For the purposes of this Lease, agricultural operational equipment and fuel tanks shall not be considered fixtures and shall be removed by the Lessee upon termination of the lease. Nonfixture personalty owned by Lessee at the expiration of the term or earlier termination of this lease, for any reason, shall continue to be owned by Lessee, and at the time of such expiration or earlier termination, Lessee at its option may remove all such personalty, provided Lessee is not then in default of any covenant or condition of this lease; otherwise, all such property shall remain on the leased premises until the damages suffered by Lessor from any such default have been ascertained and compensated by the Lessee. Any damage to the premises caused by the removal by Lessee of any such personalty shall be repaired by Lessee forthwith at its expense. 19. INSURANCE. The parties agree to the following provisions pertaining to insurance: a. Fire and Extended Coverage Lessee shall, at all times during the term of this lease and at Lessee's sole expense keep the leased premises insured against loss or damage by fire and hazards customarily insured by extended coverage in an amount greater than or equal to the fair market value of the leased premises. Such insurance shall be obtained from an insurance company licensed and authorized 13 to do business in the State of Florida and shall designate Lessor as an additional named insured. A certificate of such insurance shall be provided by Lessee to Lessor at the time of execution of this lease, specifically providing that the insurance shall not be amended or canceled by the insurer until thirty (30) days advance written notice has been given to Lessor. b. Worker's Compensation Lessee shall carry, maintain and pay for all necessary workman's compensation insurance in its own name, as required by law. C. Liability Insurance The Lessee shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or policies of insurance in a company or companies acceptable to the Lessor, protecting and insuring the Lessor against any and all of the foregoing with coverage.limits of not less than $1,000,000 for bodily injury and property damage as a result of any single occurrence concerning Lessee's operation of the leased premises. The described policies of insurance and all renewals of those policies shall be delivered to and held by the Lessor. The insurance policy shall provide Broad Form Comprehensive General Liability coverage and it shall include personal injury; products and completed operations; and contractual liability specifically insuring this Hold Harmless paragraph. The policy shall further name St. Lucie County as an additional named insured and shall provide a thirty (30) day notice of cancellation or non -renewal and a severability of interest endorsement. A certificate of such insurance shall be provided by Lessee to Lessor at the time of execution of this lease and upon request of the Lessor. d. Damage or Destruction to leased premises 14 Except as otherwise provided in this lease, if the premises or any part of them (including any leasehold improvements), shall be damaged or destroyed, Lessee shall, to the extent of the insurance deductible and insurance proceeds available, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall be applied to payment of the expenses of such repair or replacement, and any excess insurance proceeds shall belong to Lessee. It shall be the Lessee's responsibility to repair or reconstruct the leased premises as appropriate. The Lessee shall be responsible for the payment of any deductible required under its insurance coverage. Any other terms or provisions of this lease agreement pertaining to repair, alteration, construction or reconstruction by Lessee shall be binding upon Lessee in repairing or reconstructing the leased premises. If such a substantial portion of the leased premises is destroyed so that Lessee determines that Lessee cannot reasonably continue to utilize the leased premises until the same are repaired or replaced, then Lessee may elect to either repair or replace the same, .to the extent of the insurance proceeds available, or to abstain from repairing or replacing the some and to terminate this agreement, whereupon any insurance proceeds shall *be paid to the holder of any leasehold mortgage which encumbers the leased premises in an amount equal to the outstanding balance of the loan and the balance of such proceeds, if any shall be paid to Lessor. 20. ASSIGNMENT AND SUBLEASING. Lessee may not sublease the leased premises, or any portion of those premises without the prior approval by the Lessor of the form sublease. Lessee shall not assign this agreement without the prior written consent of the Lessor. If Lessee is a corporation, partnership or other type of business entity other than an individual, there shall be no transfer of the control of such business entity without prior approval of Lessor, which approval shall not be unreasonably withheld. A transfer of control of the business entity shall be deemed to occur when the owner(s) of more than seventy f ive percent (75%) of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. 15 Notwithstanding the foregoing, approval by Lessor of the acquisition of the Lessee by a private entity or public company with a market value in excess of $500,000,000, shall not be deemed an assignment of this lease, so long as all of the responsibilities of the Lessee under the lease remain unchanged. Any attempt to affect a sublease or assignment without Lessor's prior written consent shall be deemed a default subject to the remedies provided herein. In the event the Lessee subleases or assigns the lease, the rent abatement provided for in Paragraph 10 shall terminate as of the effective date of the sublease or assignment. 21. NOTICES. All notices required by law and by this lease to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: Lessor: With copies to: St. Lucie County Administrator St. Lucie County Attorney 2300 Virginia Avenue 2300 Virginia Avenue Administration Annex Administration Annex Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 Lessee: XXX Robert J. Kan jinn XXX 314 Clematis St., Suite 201 XXX West Palm Beach, FL 33401 XXX or to such other addresses) as Lessor or Lessee may designate by writing to the other. The effective date of any notice shall be the date that such notice is received or refused. 22. SEVERABILITY. If any section, subsection, sentence, clause, provision or part of this agreement shall be held invalid for any reason, the remainder of this agreement shall not be affected. 16 23. LEASE NOT EXCLUSIVE. Any term, provision or condition in this lease to the contrary notwithstanding, it is specifically understood and agreed that this lease is not exclusive, and that Lessor shall be entitled to lease to competitors of Lessee within the Lessor's property. 24. NONDISCRIMINATION. Lessee, in exercising any of the rights or privileges granted to it shall not on the grounds of race, color or national origin discriminate or permit discrimination against any persons or group of persons in any manner prohibited by Part 21 of the Regulations of the Secretary of Transportation. Lessor is granted the right to take such action, anything to the contrary in this lease notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. 25. SUBROGATION. Lessor shall have the option, without waiving or impairing any of its rights, to pay any sum or perform any act required of Lessee, and the amount of any such payment and the value of any such performance, together with interest, shall be secured by this lease, and shall be promptly due and payable to Lessor. 26. STANDARD PROTECTION CLAUSES. Lessor reserves the right to itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in the airspace such noise as may be inherent in the operation of aircraft, now known or later used, for the navigation of or flight in airspace, and for use of airspace for landing on, taking off from or operating on the St. Lucie County International Airport. Lessee expressly agrees for itself, its successors and assigns to restrict the heights of structures, objects of natural growth or other obstructions on the leased premises, to such a height so as to comply with Federal Aviation Regulations, Part 77, or any other applicable state, federal, or local regulation. Lessee expressly agrees for itself, its successors and assigns to prevent any use of the leased premises, which would interfere with or adversely affect the operation or maintenance of the St. Lucie County International Airport, or otherwise constitute an airport hazard. 27. INTEREST. All delinquent payments to Lessor shall bear interest at the rate equivalent to the periodic composite of current annual interest rates on five (5) year United States Government agency issues in effect as of the date of 17 delinquency, but not less than ten (10%) per annum. Such interest shall be calculated from the due date after the expiration of any applicable grace period to the date of payment, on a daily basis, and will be due and payable when billed. 28. FORFEITURE. If Lessee shall fail to keep and perform any of the covenants, conditions, and agreements in this lease provided to be performed by Lessee, and such default is not remedied within the grace period provided elsewhere in this lease, Lessor shall have the right to treat such default as intentional, inexcusable and material, and Lessor, by notice in writing transmitted to Lessee, may at its option declare Lessee's interest under this lease ended and without further force. Thereupon, Lessor is authorized to re-enter and repossess the leased premises, and the buildings, improvements and personal property located on them, either with or without legal process, and Lessee does in such event waive any demand for possession of the property, and agrees to surrender and deliver up the leased premises and property peaceably to Lessor. In the event of such forfeiture, Lessee shall have no claim whatsoever against Lessor by reason of improvements made upon the premises, rents paid, or from any other cause whatsoever. The provisions of this paragraph shall not be construed so as to divest Lessor, in the event of such default, of any legal right or remedy which it may have by statutory or common law, enforceable at law, or in equity. It is intended that the provisions of this paragraph shall afford to lessor a cumulative remedy, in addition to such other remedy or remedies as the law afford a Lessor when, the terms of a lease have been breached by a Lessee. 29. NONWAIVER. Failure of Lessor to insist upon the strict performance of any of the covenants, conditions and agreements of this lease in any one or more instances, shall not be construed as a waiver or relinquishment in the future of such covenants, conditions and agreements. Lessee covenants that no surrender or abandonment of the leased premises or of the remained of the term shall be valid unless accepted by Lessor in writing. Lessor shall be under no duty to relet the premises in the event of an abandonment or surrender or attempted abandonment or attempted abandonment of the leased premises by Lessee. Upon Lessee's abandonment or surrender or attempted abandonment or attempted surrender of the premises, Lessor shall have the right to retake possession of the leased premises or any part of them, and such retaking of possession shall not constitute an acceptance of Lessee's abandonment or surrender. m 30. REMOVAL OF LESSEE'S PROPERTY BY LESSOR. If, under the terms of this lease agreement, Lessee is entitled to remove its property from the premises, but shall fail to do so on or before the termination or expiration of the term or on or before the termination or expiration of this lease agreement for any other cause specified herein then Lessor may remove such property and retain the same in its possession, and may sell the same at public auction, the proceeds of which shall be applied first to the expenses of such removal and storage and sale, and the balance paid to Lessee upon the demand of Lessee, providing that the proceeds of such sale exceed the expenses of such removal, storage and sale. 31. QUIET ENJOYMENT. Lessor covenants, warrants and agrees that Lessee shall be entitled peacefully to enjoy, to occupy and to possess the Premises throughout the lease term without interference, hindrance or molestation. Wherever this lease requires Lessors consent or approval such consent or approval will not be unreasonably withheld. 32. RIGHT TO RECORD. Lessee shall have the right at its expense, to record this lease in the Public Records of St. Lucie County, Florida. 33. DATE OF THIS AGREEMENT. Any reference in this lease to the words "date of this agreement" or "date of this lease" shall be deemed to be the date this lease is executed by the party last executing same. 34. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written Agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. Any conflicts between exhibits to this Agreement and this Agreement shall be interpreted in favor of this Agreement. The laws of the State of Florida shall govern all interpretations. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 19 35. VENUE. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The parties shall share the fee of the mediator equally. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 36. ENVIRONMENTAL COMPLIANCE; ENVIRONMENTAL CONTAINMENT AND REMOVAL a. Lessee acknowledges and agrees that the County makes no presentations or warranties whatsoever as to whether any pollutant, or hydrocarbon contamination, hazardous materials, or other contaminates or regulated materials (collectively, "Materials") exist on or in the Premises or the improvements in violation of any federal, state, County or local law, rule or regulation or in violation of any order or directive of any federal, state or local court or entity with jurisdiction of such matter. It shall be the responsibility of the Lessee to make sufficient inspection of the Premises and the improvements to satisfy itself as to the presence or absence of any such Materials. Lessee shall provide the Airport Director, if requested at any time, with a list of all hazardous, bio-hazardous, or other Materials stored, used, generated or disposed of on the Premises. Lessee agrees to comply with all existing and future federal, state, local and County environmental laws, ordinances and regulations, and the requirements of any Development Order covering the Airport, issued to the County pursuant to Chapter 380, Florida Statutes, including without limitation those addressing the following: 1. Proper use, storage, treatment and disposal of Materials, including contracting with a licensed hazardous waste transporter 20 and/or treatment and disposal facility to assure proper transport and disposal of hazardous waste and other regulated Materials; 2. Proper use, disposal and treatment of storm water runoff, including the construction and installation of adequate pre- treatment devices or mechanisms on the Premises, if applicable; 3. Adequate inspection, licensing, insurance, and registration of existing and future storage tanks, storage systems, and ancillary facilities to meet all County, local, state and federal standards, including the installation and operation of adequate monitoring devices and leak detection systems; and 4. Adequate facilities on the Premises for management and, as necessary, pretreatment of industrial waste, industrial wastewater, and regulated Materials and the proper disposal thereof. The release of any Materials on the Premises, or as a result of Lessee's operations at the Airport, that is in an amount that is in violation of any federal, state, County or local law, rule or regulation or in violation of any order or directive of any federal, state, or local court or governmental authority, by Lessee, or any of its sublessees or the officers, employees, contractors, subcontractors, invitees, or agents of Lessee or its sublessees, whether committed prior to or subsequent to the date of execution of this Agreement, shall be, at the Lessee's expense, and upon demand of County or any of its agencies or any local, state, or federal regulatory agency, immediately contained or removed to meet the requirements of applicable environmental laws, rules and regulations. If Lessee does not take action immediately to have such Materials contained, removed and abated, the County or any of its agencies may upon reasonable notice to Lessee (which notice shall be written unless an emergency condition exists) undertake the removal of the Materials; however, any such action by the County or any of its agencies shall not relieve the Lessee of its obligations under this or any other provision of this Agreement or as imposed by law. No action taken by either the Lessee or the County to contain or remove Materials, or to abate a release, whether such action is taken voluntarily or not, shall be construed as an 21 admission of liability as to the source of or the person who caused the pollution or its release. As use in this Agreement, Lessee's operations and Lessee's actions and words of similar import, shall include all actions and inaction by Lessee, by its sublessees, or by any of their officers, employees, contractors, subcontractors, invitees, or agents. As required by law, Lessee shall provide the federal, state, County and local regulatory agencies with notice of spills, releases, leaks or discharges (collectively, Release of Materials on the Premises or on the Airport property which exceeds an amount required to be reported to any local, County, state, or federal regulatory agency under applicable environmental laws, rules and regulations, which notice shall be in accordance with applicable environmental laws, rules and regulations. Lessee shall further provide the Airport Department with written notice within one (1) business day following commencement of same, of the curative measures, remediation efforts and/or monitoring activities to be effected on the Premises. Lessee shall have an updated contingency plan in effect relating to such releases which provide minimum standards and procedures for storage of regulated Materials and other Materials, prevention and containment of spills and releases, and transfer and disposal of regulated Materials and other Materials. The contingency plan shall describe design features, response actions, and procedures to be followed in case of releases or other accidents involving hazardous Materials, bio-hazardous Materials or petroleum products or other Materials. The Lessee agrees to permit entry at all reasonable times, of inspectors of the County and of other regulatory authorities with jurisdiction. The Airport Department, upon reasonable written notice to Lessee, shall have the right to inspect all documents relating to the environmental condition of the Premises, including without limitation, the release of any Materials at the Premises, or any curative, remediation, or monitoring efforts, and any documents required to be maintained under applicable environmental laws, rules and regulations pertaining to the Airport including, but not limited to, manifests evidencing proper transportation and disposal of Materials, environmental site assessments, and sampling and test results. Lessee 22 agrees to allow inspection of the Premises by appropriate federal, state, County, and local agency personnel in accordance with applicable environmental laws, rules and regulations and as required by any development order issued to the County pertaining to the Airport, pursuant to Chapter 380, Florida Statutes. If the County arranges for the removal of any Materials on the Premises that were caused by the Lessee, or any of its sublessees or the officers, employees, contractors, subcontractors, invitees, or agents of Lessee or its sublessees, all costs of such removal incurred by the County shall be paid by Lessee to the County within ten (10) calendar days of County's written demand, with interest at the rate of ten percent (10%) per annum thereafter accruing. Lessee shall not be liable for the release of any materials caused by anyone other than Lessee, or any of its sublessees or the officers, employees, contractors, subcontractors, invitees, or agents of Lessee or any of its sublessees. Nothing herein shall relieve Lessee of its general duty to cooperate with the County in ascertaining the source and, containing, removing and abating any Materials. The Airport Department shall cooperate with the Lessee with respect to Lessee's obligations pursuant to these provisions, including making public records available to Lessee in accordance with Florida law; provided, however, nothing herein shall be deemed to relieve Lessee of its obligations hereunder or to create any affirmative duty of County to abrogate its sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking any other action in accordance with County codes, ordinances, rules and regulations, federal laws and regulations, state and local laws and regulations, development orders and grant agreements. The Airport Department and its employees, contractors, and agents, upon reasonable written notice to Lessee, and the federal, state, local and other County agencies, and their employees, contractors, and agents, at times in accordance with applicable laws, rules and regulations, shall have the right to enter the Premises for the purposes of the foregoing activities and conducting such environmental assessments (testing or sampling), inspections and audits as it deems appropriate. 23 The Lessee hereby agrees that upon any assignment of this Lease, and at anytime during the last year of the term of this Lease, and at anytime during the year following any termination of this Lease, the County shall have the right to require Lessee to conduct an Assessment and Facility Exit Inspection of the Premises, at the Lessee's expense. If documentation warrants, the County shall have the right to require the Lessee to conduct a further assessment of the Premises at the Lessee's expense which may include, but shall not be limited to, soil and water samples. If any assessment or inspection indicates that further actions should be conducted, then the County shall have the right to have such further actions conducted at the Lessee's expense. Nothing herein shall be construed to limit County's right of entry onto the Premises pursuant to other provisions of this Section or of this Agreement, or pursuant to its regulatory powers. Lessee shall reimburse to the County the cost of such assessments and inspections as are chargeable to the Lessee pursuant hereto, within ten (10) calendar days following written demand therefore, with interest at the rate of eighteen percent (18%) per annum thereafter accruing. In the event County shall arrange for the removal of Materials on the Premises that are not the responsibility of the Lessee to correct, and if any such clean-up activities by County shall prevent Lessee from using the Premises for the purposes intended, the rent shall be abated in accordance with Section 30, hereof, from the date that the use of the Premises for its intended purposes is precluded and until the Premises again become available for the Lessee's use. County shall use reasonable efforts to not disrupt Lessee's business, however, in no event shall Lessee be entitled to any amount on account of lost profits, lost rentals, or other damages as a result of County's clean-up activities. The provisions of this Section shall survive the expiration or other termination of this Agreement. 24 IN WITNESS WHEREOF, Lessee has executed this Lease Agreement on this WITNESSES day of , 2009. PROJECT CAN DO BY: STATE OF FLORIDA ) ss COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared , being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that he executed said instrument for the purposes therein expressed on this day of .2009. Personally Known _ Produced Identification Type of Identification Produced 25 Notary Public State of Florida My Commission Expires: IN WITNESS WHEREOF, Lessor has executed this Lease Agreement on this day of , 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY STATE OF FLORIDA ) ) ss COUNTY OF ST. LUCIE ) BEFORE ME, the undersigned authority, personally 'appeared , Chair of the St. Lucie County Board of County Commissioners, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that she executed said instrument for the purposes therein expressed' on this day of , 2009. Personally Known Produced Identification Type of Identification Produced 26 Notary Public State of Florida My Commission Expires: EXHIBIT "A" LEGAL DESCRIPTION OF LEASED PREMISES Lots 1, 2, and 3, Airport West Commerce Park Phase I, as recorded in the Plat thereof in Plat Book 60, Pages 31-35 of the public records of St. Lucie County, Florida. 27 EXHIBIT "B" St. Lucie County International Airport LEASING POLICY AND PROCEDURE 12/12/06 Policy The St. Lucie County Board of County Commissioners (Board), as the governing agency controlling the St. Lucie County International Airport, is responsible for leasing Airport land according to Local, State, and Federal law including, but not limited to, the guidelines and grant assurances of the Federal Aviation Administration (FAA), the Florida Department of Transportation (FDOT), County Code of Ordinances, Land Development Code, and Resolutions adopted by the Board. It is the policy of the Board to lease property on Airport for aviation purposes as a first priority. If there is no aviation purpose that can be identified for a site available for lease, the Board will consider non -aviation or interim proposals. Authority to Lease All leases and subleases require the approval of the Board of County Commissioners. The Board must also approve all amendments to such leases. The Board has in the public interest, the right to: 1. Impose and update from time to time fair and reasonable operating requirements and standards for commercial and non-commercial activities that are conducted on airport property. 2. Impose and adjust from time to time fair and reasonable fees, rents, or other charges, for the privilege of conducting commercial and non-commercial activities upon Airport property, the proceeds of which are to be used to pay for operating, maintenance, and development expenses of the Airport. The rates and fees charged by the Airport are meant to be structured, to make the Airport as self-sustaining as possible, while ensuring fair and reasonable rates. No person, group of people, firm, or corporation shall locate a commercial business activity within the boundaries of the St. Lucie County International Airport without the written approval of, or under the specific terms and conditions of, a lease agreement or other operating agreement with the Board and, as necessary, approval by the Federal Aviation Administration. No one shall enter upon airport property for the purpose of conducting any commercial activity that is competitive to any existing airport tenant without the written approval of the Board, and when necessary, the Federal Aviation Administration. M Land Uses Land uses on the Airport are described in the Airport Master Plan and Airport Layout Plan, which have been developed and periodically updated along with any associated environmental impact documents. These documents are reviewed and approved by the FAA, FDOT, and the Board, following a public review and input process. These documents serve to guide Airport staff in making land use leasing recommendations to the Board for approval. The lease documents specify the allowed uses of airport land and any land use restrictions that may apply. At the Board's sole discretion, interim uses may be permitted if the demand for the highest and best use for the property is delayed due to market conditions. Interim uses would be considered for shorter term leases. Competitive Lease Proposals Airport property identified for aviation uses may be leased without seeking competitive proposals when it is in the best interest of Airport, such as when supporting community aviation needs. This is usually done only when there is a surplus of airport land available for lease, and when not more than one party has expressed an interest in leasing a particular parcel of land. In some instances, lessees that adjoin a vacant parcel may be given the first opportunity to lease the adjoining parcel. Periodic appraisals or market analyses will be used to establish lease rates. The potential tenant is leasing property in an AS IS condition and must use due diligence in investigating the condition of the site or facilities. If more than one party is interested in bidding on a non -aviation (including industrial) lease, competitive proposals may be after establishing a starting rent through an appraisal process or market analysis to set fair market value. If used, this process will involve Board review and selection of the proposal based on financial standing, lease rate, ability to construct in a timely manner, provisions for any unmet aviation segment to serve the general aviation or commercial service needs, and investment in, and appearance of the facilities to be constructed. Operating fees or percentage of gross sales may alternatively be used in determining a rental rate for non -aviation uses such as hotels, rental car facilities, and restaurants. A minimum deposit of three months of rent will be required on the execution of any lease, which can be returned to the Lessee at the end of the lease if the Lessee leaves the property in good condition, normal wear and tear excepted, has removed and appropriately closed all fuel or other storage tanks, and after all rent due is paid. Length of Lease Term To allow the County the greatest flexibility in making land use decisions over time, lease 29 terms are generally limited to the shortest term possible, especially for interim uses. When necessary, fixed -term leases are granted for the minimum number of years to allow a lessee to amortize, and receive a reasonable return on, the lessee's investment in leasehold improvements. A formula to determine term based on investment is to grant one year of lease term for each $5,000 invested per acre of leased land, with an initial term for aviation leases not to exceed 40 years. Accordingly, to qualify for a forty -year term on a 5-acre parcel, a lessee would have to invest $1,000,000 in approved leasehold improvements ($5,000 x 5 acres x 40 years = $1,000,000). The $5,000 per acre per year formula for determining the length of lease term is a minimum requirement. Airport industrial land leases typically have the same minimum investment requirements, at $5,000 per acre per year, with an initial lease term of 40 years. Extensions of term beyond this timeframe may be negotiated subject to the additional investment as noted above. Both aviation and industrial leases will be subject to periodic adjustments to keep pace with the rising cost of land. Lease terms for other non -aviation use properties may have different investment requirements and longer or shorter lease terms based on the proposed use. Leases where there is no investment by the lessee will be on a month -to -month basis, depending on the circumstances. Fair Market Rental It is a policy of the Board, and a requirement of the FAA and FDOT, that the Airport receive fair market value based on the highest and best use when leasing airport land. As noted above, interim land uses may be allowed if the demand for the highest and best use is delayed due to market conditions. Achieving fair market value usually starts with an appraisal requisitioned by the Airport, followed by negotiations between Airport staff and the lessee, or prospective lessee, to reach agreement on terms. The County typically negotiates for a rent based on an 8% return on the appraised value of the land or as recommended by a qualified appraiser based on market conditions. Restaurants, hotels, rental car facilities, and certain other land uses, usually result in rentals based on a percentage of the lessee's gross income, as is customary for such leases. Leases with a term exceeding ten years in length shall provide for renegotiation of rent to market value at ten-year intervals. Annual adjustments based on Consumer Price Index (CPI) or 2 %, whichever is greater, will be required in intervening years to ensure that the value of land leased adjusts accordingly. Lease Contracts and Legal Review County lease contracts are intended to transfer to the lessee the liabilities associated with possession and control of real property regarding compliance with all federal, state and local laws and regulations, including those pertaining to the use, storage and disposal of hazardous materials and maintenance of the facility. All County leases shall be written on a form approved by County Attorney's Office and shall, at a minimum, conform to local/regional standards of tenant responsibility and liability and 30 consistency with all FAA and FDOT guidelines and grant assurances. County leases may contain more restrictive clauses than private sector leases to better protect the public interest. The County requires strict compliance with the Airport's security program and all federal, state and local laws, particularly environmental laws such as hazardous materials management, spill control and counter measures plans, and storm water pollution prevention regulations. Any violations caused by the tenant for failing to comply with any of the federal, state or local laws will be the sole responsibility of the tenant. Lease language may be periodically updated to reflect changes in real estate law and to meet changing economic and other risks associated with the ownership of land. During the term of a lease, lease amendments may be agreed to between the parties to effect changes to the rent or other economic lease provisions, or to update antiquated lease language that no longer protects one or both of the parties as originally intended. Construction of Leasehold Improvements Airport leases typically require the construction of leasehold improvements, which will be owned by the lessee during the term of their lease and which will revert to the ownership of the County at the end of the lease term. Height restrictions, lot -line set backs, parking requirements, building design, quality of construction, and other requirements are controlled by the County Land Development Code, County building code requirements, and FAA design standards. A performance bond may be required to guarantee the timely construction of required leasehold improvements. A potential lessee that has a conceptual approval from the Board has no more than 90 days for a due diligence period prior to entering a lease with the County for the land. This 90-day period should include filing a site plan/conditional use applications, completing an environmental phase 1 audit if desired, and submitting an FAA airspace study. If development does not occur in a timely fashion (18 months), the performance bond and all rights to leasing the property may be forfeited. Exceptions may be allowed by the Board, but this must be based only on reasons beyond the control of the potential lessee. Lease Extensions Existing Tenants and Equity A lease extension may be granted to a tenant who has fully complied with all terms and conditions of the lease, including timely payment of rent, and if granting an extension would be in the best interests of the County. Existing tenants may submit a request for a new lease six months prior to the end of their lease. The County is not obligated to accept such a request, but will consider all proposals, evaluating them in light of the following criteria: • Existing/proposed use must be consistent with Airport Layout Plan, Master Plan, Zoning, Comprehensive Plan, and other relevant land use planning documents. • County must determine that there is no immediate need for the land after the 31 current lease expires. • Lessee must be in good standing (i.e., compliant with existing lease terms including timely payment of rent and other operating fees). • New capital investment shall apply to qualify for a term in excess of the current termination date at current standard (see "Length of Lease Term" above). • County shall determine whether or not the public interest would be better served by allowing the lease to expire so that potential new tenants may participate in a competitive selection process. • If the developments on the site are to revert to County ownership, the County may chose to retain ownership of the facilities and to lease these improvements back to the Lessee with the extended lease term, or the County may require payment for the present value of its reversionary interest in the leasehold improvements. It is the practice of the Airport to negotiate lease extensions when it is in the best interest of the aviation community or when a surplus of land is available for lease and there is no written notice of interest by third parties in bidding on the particular parcel of land covered by the expiring lease. Typically, Airport leases provide that at the end of the lease the improvements will become the property of the County regardless of who originally installed the improvements. If a lease is extended prior to the expiration of its term, the County may require payment for the present value of its reversionary interest in the leasehold improvements. This interest is referred to as Equity. The amount of equity is based on appraising the value of the improvements as of the end of the lease, and discounting that value to a present value. Typically, an appraisal is done by the Airport to establish this value, and negotiation may ultimately be involved to settle on terms acceptable to both the County and the lessee. The County will permit an amortization of the equity it is owed, with interest, over a period of months not to exceed approximately 50% of the extended lease term. The purchase of the County's equity interest by the lessee, whether by cash payment or amortization, may be counted as part of the investment requirement in establishing the length of extended term, as discussed above under "Length of Lease Term". Procedure for Granting a New Lease to an Existing Lessee for a Longer Term At times, part way through an existing lease, a Lessee may express interest in constructing new capital improvements in exchange for an extension of a lease. This can be in the County's best interest because: (1) it provides for new and improved aviation and/or industrial facilities earlier than if Airport was to wait until the lease terminates; (2) it prevents deferred maintenance, which can be common in the final years of a long term lease; and (3) it allows a successful business to continue on at the airport. The initial 32 term for leases is typically 40 years or less. The procedure for a lease extension includes: 1. County receives a written request from Lessee, proposing a new lease. 2. County staff reviews Lessee's proposal to determine if: • Lessee is in good standing and provides a valuable service to the local aviation and/or business community. • The existing or proposed use is appropriate and consistent with the Airport Layout Plan, Master Plan, Zoning, Comprehensive Plan, and any other relevant land use planning documents. • The existing use is an interim use and it may be in the best interest of the County to allow the use to continue until market demand necessitates the change in use at the County's sole discretion. • No written Notice of Interest by other parties to bid on this premises have been received by County. • County has no need for this area upon the termination of the existing lease. 3. If it is determined that it is appropriate to enter into a new lease, County Attorney's Office will draft a written lease amendment to Lessee, subject to Board approval. This proposal will detail the Capital Improvement Requirements and the Equity Payment that may be paid to County for postponement of County's reversionary interest in the property. 4. Upon acceptance by Lessee, the proposal is placed on the agenda for the Board to approve the lease. There is public notice of all items on the Board Agenda and public comment on any item is accepted upon request. 33 -,7T_Tt. j 3101 REVISED INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1377 DATE: October 23, 2009 SUBJECT: Airport West Commerce Park - Consider Adoption of Proposed Resolution No. 09-304 Waiving Competitive Bid/Proposal Process for Lease with Project Can Do and Approving Proposed Lease Agreement Subject to Federal Aviation Administration Approval BACKGROUND: On October 6, 2009, the Board of County Commissioners adopted Ordinance No. 09-028 which amended Chapter 1-16.2 (Public Property) of the Code of Ordinances and Compiled Laws to create Leasing Standards and Procedures for the Airport West Commerce Park. As provided in Section 125.35, Florida Statutes, the ordinance permits the Board of County Commissioners to waive the competitive bid or proposal requirement for the Airport West Commerce Park subject to public notice and the adoption of a resolution authorizing the waiver. Attached to this memorandum is a copy of proposed Resolution No. 09-304 which was drafted pursuant to Ordinance No. 09-028 for the proposed Commerce Park lessee identified as Project Can Do. As set forth in the resolution, Project Can Do desires to lease Lots 1, 2 and 3, Airport West Commerce Park, Phase I, to construct a manufacturing and research facility for a targeted industry meeting the requirements of Section 1-7.55-2(d)(1) of the Code of Ordinances, namely a medical testing and supply production firm which will employee a minimum of one hundred sixty (160) persons by December 31, 2014 with an average annual wage of sixty thousand and 00/100 dollars ($60,000.00). A portion of the Commerce Park plat showing the location of the lots is also attached. Notice of the Board's intent to consider adoption of the proposed resolution was published in the St. Lucie Tribune on October 21, 2009. In addition to waiving the competitive bid/proposal requirements for the proposed lease, the resolution also provides for the approval of the proposed lease agreement, a copy of which is attached to the resolution as Exhibit "A". The lease provides for Can Do to construct a building with a minimum size of two hundred thousand (200,000) square feet within thirty-six (36) months. The initial lease term will be forty-nine (49) years. with an The original proposed lease provided for an option to renew for an additional forty-nine (49) years subject to approval by the Federal Aviation Administration (FAA). The FAA indicated last week it would be unwilling to approve this renewal option Although Can Do has requested the County proceed with the lease without this option at this time it would like to review the other provisions of the lease for possible future amendment in light of the impact of this development on its financing for the project Can Do will be required to pay a security deposit in the amount of twenty-nine thousand nine hundred fifty and 76/100 dollars ($29,950.76). Based upon the fair market value of the property, the initial rental rate will be one hundred nineteen thousand eight hundred three and 00/100 dollars ($119,803.00). Rental payments will be abated for the first elewen-(11) ten 10 years of the lease following the Lease Commencement Date. This includes the first year of the lease during which the facility will be permitted and constructed. For budget purposes and in accordance with FAA grant assurances, the rental amount will be shown as revenue for the airport and transferred to the General Fund as a credit. On the tenth anniversary of the Lease Commencement Date and each year thereafter, the annual rental rate will be adjusted each year based upon the Consumer Price Index. In light of the Board's direction at the October 27, 2009 Informal Meeting, staff is reviewing the rental rate adjustment formula and anticipates bringing an amendment back to the Board to further address this issue Every five years, including the rent abatement period, the property will be reappraised and the annual rental rate adjusted based upon fair market of the property. In the event Can Do assigns the lease or subleases the property, the rent abatement will be discontinued. As stated above, Can Do will be required to create a minimum of one hundred sixty (160) new jobs with an annual minimum wage of sixty thousand and 00/100 dollars ($60,000.00) by December 31, 2014. The lease provides for a phased job creation schedule of sixty (60) new jobs by December 31, 2011, an additional sixty (60) new jobs by December 31, 2012 and the remaining forty (40) jobs by December 31, 2014. Can Do intends to apply for a Job Growth Incentive Grant which will further memorialize this obligation. Failure to create and maintain these job levels shall be considered a default under the terms of the Lease. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners adopt proposed Resolution No. 09-304 as drafted subject to concurrence by the Federal Aviation Administration. Respectfully submitted, Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Airport Director Finance Director Grants/Disaster Recovery Director Management and Budget Director REVISE©LEASE :PAGES LEASE AGREEMENT THIS IS A LEASE AGREEMENT, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Lessor"), and PROJECT CAN DO, ("Lessee"). In consideration of the mutual promises and covenants contained in this Lease and other good and valuable consideration, the receipt of which is acknowledged, it is agreed between Lessor and Lessee as follows: 1. PREMISES. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, certain real property located at , Fort Pierce, Florida, and more particularly described in Exhibit "A", attached hereto and incorporated herein, ("premises" or "leased premises"). 2. PURPOSE. Lessee agrees to use the premises for a manufacturing production facility. Within thirty-six (36) months of the date written above, the Lessee shall design, permit and construct a building with a 200,000 square feetA obtain a certificate of occupancy and/or commence operations on the leased premises. Failure to obtain a certificate of occupancy or commence operations within such period shall be considered a default under Paragraph 46,47 of this Lease. The use of the leased premised by the Lessee is specifically subject to the rules, regulations, and conditions promulgated by the Lessor, the Federal Aviation Administration or its successor agency, or by St. Lucie County, the State of Florida or any other federal, state, or local agency having jurisdiction over the operations of St. Lucie County International Airport and is further subject to the terms, conditions, and regulations imposed by the Lessor, including but not limited to the "St. Lucie County International Airport Leasing Policy and Procedure", a copy of which is attached hereto and incorporated herein as Exhibit "B". In the event of a conflict between the terms and conditions of this Lease and the above - referenced Leasing Policy, the terms and conditions of this Lease shall control. The parties further acknowledge and agree the leased premises were constructed pursuant to U.S. Department of Commerce Financial Assistance Award No. 04-01- 05375 and the use of the leased premises is subject to the terms and conditions of said Award. 1 Lessee agrees to obtain at its expense all permits and licenses which may be required by any governmental unit. Upon Lessor's request, at reasonable intervals, Lessee shall promptly furnish to Lessor evidence satisfactory to Lessor showing Lessee's compliance with its obligations under this section. Lessee shall be responsible for the payment of any and all ad valorem taxes and other taxes and/or assessments, which may be assessed against the leased premises during the term of this Lease. Lessor and Lessee acknowledge that Lessee intends to apply for a 10 year �� tax abatement for the property and anticipated improvements to be constructed thereon. 8. BANKRUPTCY OF LESSEE. Should Lessee, at any time during the term of this lease, file a voluntary petition in bankruptcy, or permit an involuntary petition in bankruptcy to be filed against it, or institute a composition or any arrangement proceeding under Chapter X or XI of the Chandler Act, or make any assignments for the benefit of its creditors, or should a receiver or trustee be appointed for Lessee's property because of Lessee's insolvency, and the appointment is not vacated within thirty (30) days thereafter, or should Lessee's leasehold interest be levied on and the lien not discharged within thirty (30) days after levy has been made, or should Lessee fail promptly to make the necessary returns and reports required of it by ao�r�t';, state and federal law, or should Lessee fail promptly to comply with all governmental regulations, cotntx, state and federal, and should such failure in any manner jeopardize the rights of Lessor, then, and in such event, and upon the happening of either or any of such events, Lessor shall have the right, at its election, to consider the same a default on the part of Lessee of the terms and provisions of this lease, and, in the event of such default not being cured by Lessee within a period of thirty (30) days from the date of the giving by Lessor of written notice to Lessee of the existence of such default, Lessor shall have the option of declaring this lease terminated, and the interest of Lessee forfeited, or Lessor may exercise any other rights conferred upon it by this lease. The pendency of bankruptcy proceedings or arrangement proceedings, to which Lessee shall be a party shall not preclude Lessor from exercising any of its rights. In the event Lessee, or the trustee or receiver of Lessee's property, shall seek an injunction against Lessor's exercise of any right, such action on the part of Lessee, its trustee or receiver, shall automatically terminate this lease as of the date of the making of such application. In the event the court shall enjoin Lessor from exercising any of its rights, such injunction shall automatically terminate this lease. the leased premises and any improvements thereon as may be recommended by the Federal Aviation Administration. 11. TERM; TERMINATION. The term of this lease shall begin on November 1, 2009, (hereinafter referred to as the "Lease Commencement Date"), and shall terminate forty-nine (49) years from that date. Delivery of the possession of the premises to Lessee shall be made on the date of this Lease. The Rent Commencement Date shall be the first day of the month following the date of issuance of the certificate of occupancy or its equivalent by the appropriate governmental entity for the manufacturing facility to be constructed by Lessee on the leased premises, or December 1, 2010, whichever is earlier. The ;rental Lessee may exercise each option to renew the term by giving Lessor no less than One Year and no more than Three year's written notice of its intent to extend the term at the end of the then -expiring term. The day that is 365 days prior to the end of the then -expiring term for which the written notice is given as provided herein shall be the "Exercise Date." Within 30 days of the Exercise Date, Lessor shall provide to Lessee, an estimate of the next occurring adjustments to Base Rent as provided by Section 11 of this Lease. Lessee shall have 30 days after Lessee's receipt of Lessor's estimate of such adjustments to withdraw by written notice to Lessor, its exercise of its option to renew. Notwithstanding the foregoing, Lessee may terminate this Lease by providing a three year written notice to Lessor anytime after the seventeenth anniversary of the Rent Commencement Date. In the event that Lessee is unable to secure financing for the leasehold improvements necessary to construct a manufacturing production facility suitable to Lessee's requirements within twelve (12) months from Commencement Date, then Lessee may give written notice to Lessor of its decision to terminate the Lease and upon providing that written notice to Lessor, this Lease shall terminate without further obligation of either party. N. 12. RENT, SECURITY DEPOSIT, RENT CREDIT, AND ANNUAL ADJUSTMENT. The parties acknowledge and agree that the fair market rental rate for the leased premises as of the date of the Lease Agreement is one hundred nineteen thousand eight hundred three and 00/100 dollars ($119,803.00). The parties further acknowledge and agree that the annual rental rate, and any rental rate adjustments, shall be abated for the first ten years fComm° nc rrtent 0' t The parties acknowledge and agree the Lessee intends create at least sixty (60) jobs by December 31, 2011, an additional sixty (60) jobs by December 31, 2012, and an additional forty (40) jobs by December 31, 2014 which jobs shall have an annual average wage of sixty thousand and 00/100 dollars ($60,000.00). The parties intend to further memorialize this commitment in a Job Growth Incentive Grant Agreement. The parties further acknowledge and agree the creation of employment opportunities in a targeted industry is a significant factor in the Lessor's agreement to abate the rent as herein provided. Accordingly, the Lessee's failure to create and maintain the jobs as set out above and as may be set out in the Job Growth Incentive Grant Agreement shall be considered a default subject to the provisions of Paragraph 17 On or before the Rent Commencement Date, Lessee shall pay a security deposit in the amount of twenty-nine thousand nine hundred fifty and 76/100 dollars ($29,950.76). Such deposit shall be governed by the procedures set forth in Section 83.49, Florida Statutes. Payment shall be by check made payable to "St. Lucie County" and delivered to 2300 Virginia Avenue, Administration Annex, Fort Pierce, Florida 34982, or such other location as directed in writing by Lessor. Lessee shall also pay all applicable sales tax imposed by federal, state and local governments. Beginning upon the tenth anniversary of the Lease Commencement Date and continuing each year thereafter, the Annual Rent shall be adjusted in accordance with the provisions hereinbelow. Said adjustments shall be computed six (6) months prior to the end of the preceding year, as the case may be, with the adjusted Annual Rent to be paid in equal consecutive monthly installments. The annual adjustment to the rental rate shall be determined by multiplying the annual rent then in effect by a fraction, the numerator of which shall be the index figure indicated for the month of June preceding each January 1st of the year of adjustment, such figure to be shown by the Consumer Price Index , the United States City Average All Items and Commodity Groups (1967 = 100), issued by the 0 shall receive such portion of the award as is attributable to its reversionary fee interest in the land and any improvements comprising the Premises. Any portion of any condemnation award which is not specifically apportioned to Lessee, as aforesaid, shall be and become the property and belong to Lessor. 16. DEFAULT IN RENT. Lessee agrees promptly to perform, comply with and abide with this lease, and agrees that time of payment and of performance are of the very nature and essence of it. If any sums of money required to be paid by Lessee to Lessor shall remain unpaid for a period of ten (10) days after its due date and after ten (10) days written notice from Lessor stating that such ten (10) day grace period has expired, then Lessor shall have the following options and privileges: (a) Lessor may declare one (1) year's rental as presently due and payable. Such declaration shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of Lessee to pay rent under the terms of this lease for the period unaffected by the declaration. (b) Lessor may, after notice, terminate the lease. In addition to the options granted above, Lessor may exercise any and all other options available to it, which options may be exercised concurrently or separately with the exercise of the above options. 17. DEFAULT IN OTHER PROVISIONS. If Lessee shall default in the performance of any other term of this lease (except the payment of rent), then Lessor shall send to Lessee a written notice of default, specifying the nature of the default, and Lessee shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this lease shall continue as before. If Lessee shall fail to cure and remedy such default within the applicable time, Lessor shall have the right to declare, by written notice to Lessee, that the lease is in default, and to use all remedies available to Lessor, including, but not limited to, the default in rent, remedies, procedures and rights specified in subsections 16(a) and 16(b) of this lease. If written notice of the default shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default and does 12 C REVISED ITEM NO DATE: IX 11 /03/09 AGENDA REQUEST REGULAR (X ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: William Hoeffner0� SUBMITTED BY: Grants / Disaster Recovery Director SUBJECT: Legislative Issue Requests BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: Legislative Issue Requests for State Funds for SHIP and Transportation Disadvantaged, and Medicaid Nursing Home and Hospital Billings were submitted in each of the past four years. RECOMMENDATION: Board authorization to submit five Legislative Issue Requests and one Letter of Support to the St. Lucie County Legislative Delegation, as outlined in the attached memorandum. COMMISSION ACTION: CONCURRENCE: (: ) APPROVED ( ) DENIED _ QO OTHER--'_' Pulled prior to meeting Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney N o r+ aniel McIntyre Grants / Disaster (X) Recovery. it iam Hoeffner DEPARTMENT TO: FROM: DATE: SUBJECT: ITEM NO. ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY MEMORANDUM Board of County Commissioners William Hoeffneroxl�/, Grants / Disaster Recovery Director November 3, 2009 Legislative Issue Requests In, Background: This agenda item is to secure the Board's authorization to submit five Legislative Issue requests for the following items: 1. Senate Bill 360 2. Support for the Department of Community Affairs 3. Renewable Energy 4. State Trust Fund For SHIP and Transportation Disadvantaged 5. Medicaid Nursing Home and Hospital Billings It is St. Lucie County's practice to secure the approval of the Board of County Commissioners for Legislative Issue Requests at a meeting where public input is permitted. The following are proposed Legislative Issue Requests. 1. Senate Bill 360 Relative to Senate Bill 360, it is recommended the Legislature consider the following: A. Section 12 of SB 360 eliminated the DRI requirement for local governments qualifying as dense urban land areas (DULAs). This exemption removed a critical process for dealing with the extra - jurisdictional impacts created by DRIs. The only apparent remaining mechanism for other jurisdictions to participate in addressing the extra -jurisdictional impacts of large, regionally impactive development is now through Chapter 186.509 Florida Statutes dispute resolution process via the regional planning council. This is problematic for a number of reasons, including: • The mediation process for DRI-scale development through the regional planning council is vague, nonbinding and virtually untested on the Treasure Coast; • Interested jurisdictions will not be notified of large developments in neighboring jurisdictions or be able to review and evaluate impacts until some unknown time in the review process. This will likely lead to more delays and result in more legal action rather than less. The removal of the DRI process to deal with extra -jurisdictional impacts of large-scale development can be rectified in a number of ways, including: • Restoration of the DRI process or portions of the DRI process that deal with extra - jurisdictional impacts — particularly transportation; or • Insertion of requirements that local governments coordinate review of DRI-sized developments with adjoining local governments at the outset of the development review process and address/mitigate issues identified by adjoining local governments created by the proposed development in the development order. B. The legislature should implement the mobility fee concept to replace traffic concurrency. The mobility fee concept should include "vehicle miles traveled" as a disincentive to promoting "leap- frog" development and urban sprawl. 2. _Support for the Department of Community Affairs The legislature should maintain the Department of Community Affairs (DCA). The DCA provides a vital growth management function and helps local governments preserve the quality of life established in our local comprehensive plans. The legislature should not consider sunsetting DCA. 3. Renewable Energy Florida should adopt a Renewable Portfolio Standard (RPS). The RPS would establish meaningful standards for renewable energy alternatives in the state and help promote investment by both public and private sectors. The study by Navigant consulting, recently commissioned by the Florida Public Service Commission (PSC), identifies the most technologically viable renewable energy alternatives in the state. The number one alternative identified in the study is rooftop solar. Florida needs to aggressively pursue and promote rooftop solar and other highly recommended renewable energy technologies. The state should also provide opportunities for private investors and individual homeowners to be a part of the renewable energy solutions of the future. The RPS would create Renewable Energy Credits (REC) thereby stimulating new markets for private solar companies to invest more significantly in Florida. Solar Financing programs should also be created to enable low or no interest loans for individual homeowners to cost-effectively install rooftop solar. Rooftop solar is not only the number one renewable energy technology recommended by the experts in Florida, but widespread installation on individual homes and businesses would help employ the hardest hit job sector in the state (i.e., construction). Large-scale rooftop solar initiatives would also entice solar companies to relocate to Florida and promote further research and manufacturing in the state. St. Lucie County encourages our Legislators to adopt these new renewable energy standards to promote energy independence, much -needed jobs, safeguard the environment, and stimulate the overall economy. 4. Medicaid Nursing Home Billings The Agency for Health Care Administration (AHCA) has proposed increasing the monthly share that the County currently provides for Medicaid Nursing Home billings from $55.00 to $202.00 per month per client. This increase would represent an increase of over 247%. Any increase in the per client share would severely impact the County's budget. The aging population and the population growth have increased the County budget responsibility without any change in the $55.00 share. Therefore, it is very important that the current required level of responsibility remain constant or decreased and not increased. 5. State Housing Initiative Program (SHIP) And Transportation Disadvantaged Trust Fund 12 Two programs that have been funded by Trust Funds that were established through user fees are the State Housing Initiative Program (SHIP) and the Transportation Disadvantaged (TD) program. These two programs provide vital services that assist our most vulnerable citizens with a hand up rather than a hand out. St. Lucie County urges our delegation to only allocate the SHIP and the TD Trust Funds for those two programs and not divert the funds to the general fund. Additionally, the repeal of the cap on the Housing Trust Fund is necessary to keep the SHIP funding as a viable source of funding for housing the elderly, the infirm and our essential workforce. 6. Letter of Support — Fort Pierce Farms Water Control District The Fort Pierce Farms Water Control District has requested the County provide the required letter of support to extend the life of the District, which currently expires in 2017. The Board of County Commissioners (BOCC) supports extending the life of the District to December 31, 2050, contingent upon the execution of an interlocal agreement with the District prior to March 2, 2010. The interlocal agreement will address issues, including but not limited to, providing the BOCC an ex-officio seat on the District governing board, revising district boundaries and the implementation of the Towns, Villages, Countryside Element of the Comprehensive Plan and associated flow way. Recommendation Board authorization to submit five Legislative Issue Requests and one Letter of Support to the St. Lucie County Legislative Delegation, as outlined in this agenda memorandum.