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Agenda Packet 12-15-2009
December 15, 2009�� r A 6:00 P.M. !� BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed 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. December 15, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org lfit tu iI,iii iii #ICI# iii liiiiiiFii tii ii€iilii i i fEiiil ii ii ii[ii fi ii�iiCiCi Iit�� iiif1 iiiiliiiill Charles Grande, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 itiCliitiii�iiEiiiliifiiiliif�i�il�iiiiiliii�tiiiifiilii=i�iiiiiiiiiiii[iii�itiiiiiCi�iii�l�lliiillilill#IiHii�liiii�iilili)ii�iiiiiiiiiiiti'liliii�iiiii[Iiiii7VCiii➢lTliiiii;CiiiiEilitii I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES i. , �. Approve the minutes from the December8, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Presentation by Representative Kevin J.G. Rader B. Annual Christmas Remembrance — Sue Munyan and the 4-H Clubs will make their annual Christmas Remembrance Presentation to the Board. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS ' OC Approve warrant list No. 11 B. COUNTY ATTORNEY 1. Donation of Right -of -Way — Grace Emmanuel Church — 5 feet on Kitterman Road — Resolution No. 09-253 Consider staff recommendation to accept the Special Warranty Deed, authorize the Chairman to sign Resolution No. 09-253 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 2. Donation of Right -of -Way — ECM Group, Inc. — Virginia Avenue Medical Office —10 feet on South 381h Street — Resolution No. 09-360 Consider staff recommendation to accept the Warranty Deed, authorize the Chairman to sign Resolution No. 09-360 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. C. AGRICULTURE Grant Application — Integrated Pest Management (IPM) Field Guide For The Melaleuca Gall Midge Consider staff recommendation to approve to submit an application for the Florida Exotic Pest Plant Council Grant Program, as outlined in the agenda memorandum. No County match. D. MANAGEMENT AND BUDGET Fixed Asset Inventory -Property Record Removal Consider staff recommendation to approve authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. E. GROWTH MANAGEMENT North County Regional Water and Wastewater Treatment Plants Rezoning Consider staff recommendation to approve authorization to advertise for a public hearing before the Planning and Zoning Commission for January 21, 2010; and two public hearings before the Board of County Commissioners on February 16, 2010 and March 2, 2010 as outlined in the agenda memorandum. PUBLIC WORKS Weatherbee Road Sidewalk Design Consider staff recommendation to approve to advertise for Request for Qualifications (RFQs) for Weatherbee Road sidewalk design. 2. Walton Road Widening —Village Green Drive to Lennard Road Consider staff recommendation to approve of Local Agency Program (LAP) Agreement (410256-1-58-01&410256-1-58-02) Supplemental 1 with Florida Department of Transportation (FDOT) to increase the original agreement with additional funding in the amount of $153,640 for widening and landscape enhancement to Walton Road, Village Green Drive to Lennard Road, approval of Resolution No. 09-354, acceptance of Budget Resolution No. 09-359, and authorization for the Chairman to sign. 3. Taylor Creek Improvements, Permanent Spoil Site Construction Consider staff recommendation to approve of Joint Participation Agreement No. 425900- 1-94-01 with Florida Department of Transportation (FDOT) and the Florida Seaport Transportation and Economic Development (FSTED) in the amount of $760,000 for construction of a permanent spoil site at Ridgehaven site, approval of Resolution No. 09- 353 and authorization for the Chairman to sign. G. SHERIFF'S OFFICE Permission to accept the FDLE 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - JAG Countywide. Consider staff recommendation to approve Budget Resolution No. 09-362 and authorize the acceptance of the Florida Department of Law Enforcement (FDLE) 2010 Edward Byrne Memorial Justice Assistance (JAG) Grant (2010-JAGC-STLU-3-4X-145). H. AIRPORT Resolution No. 09-361, Taxiway Shoulders, Drainage and Security Improvements Consider staff recommendation to approve of Resolution No. 09-361 accepting the FDOT Supplemental Joint Participation Agreement in the amount of $34,634.81 with no local match required for the Taxiway Shoulders, Drainage and Security Improvements project and authorization for the Chairman to sign the document as approved by the County Attorney. Amendment to Work Authorization 14, Airport West Commerce Park Sanitary Sewer Consider staff recommendation to approve of the Third Amendment to Masteller & Moler, Inc. Work Authorization 14 for engineering services on the Airport West Commerce Park Sanitary Sewer for a lump sum of $9,455 and authorization for the Chairman to sign the document as approved by the County Attorney. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. PUBLIC WORKS Rosarita Avenue in Paradise Park r uVZ� Consider staff recommendation to approve Ordinance No. 09-030 designating Rosarita Avenue between 25th Street and N. 17th Street (eastbound only) as a one-way roadway. B. GROWTH MANAGEMENT Petition for Thomas Morse for an amendment to t e Official Zoning Atlas Consider staff recommendation to adopt Resolution No. 09-211 granting approval for an —% amendment to the Official Zoning Atlas. C. GROWTH MANAGEMENT, loo �� Llnrinu�- � �I►�I��©' pp Resolution No. 09-066, Preliminary Planned Unit Development for the Shinn Road Equestrian Estates project. (File No. PUD 06-002). Cr + 'ie5 _ o Consider staff recommendation to ado Resolu it on N09-066 denying the Preliminary Planned Unit Development for Shinn Road Equestrian Estates, as outlined in the agenda memorandum and attachments. D. COUNTY ATTORNEY � p Ordinance No. 09-022 - Roads, Parks and Public Buildings Impact Fees �r staff recommendation to adopt Ordinance No. 09-022 and authorize the Chairman to sign Consider p 9 the Ordinance. n . _ Cra END PUBLIC HEARINGS `� ed 15 6 REGULAR AGENDA Vill. GROWTH MANAGEMENT Savanna Club and Lennard Road Consider staff recommendation to approve authorization to initiate the eighth amendment to the Savanna Club DRI development order for the realignment of Lennard Road, as outlined in the attached memorandum. IX. ANNOUNCEMENTS The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, December 22, 2009 at 1:30 p.m. in Conference Room #3. 2. 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 sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: December 8, 2009 Convened: 9:00 a.m. Adjourned:11:55 a.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Paula A. Lewis, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Recreation Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Laurie Case, Utilities Director, Jim David, Mosquito Control Director, Marie Gouin, OMB Director, Diana Lewis, Airport Director, Dennis Wetzel, IT Director, Shai Francis, Finance Director, Mark Satterlee, Growth Management Director, Joseph E. Smith, Clerk of the Circuit Court, Mike Powley, County Engineer, Millie Delgado -Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the November 24, 2009 meeting. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve the minutes of the meeting held November 24, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COMMUNITY SERVICES Proclamation to declare National Philanthropy Day and Shamsher Singh Day Consider staff recommendation to proclaim Sunday, November 15, 2009 as "Philanthropy Day" and Tuesday, December 8, 2009 as "Dr. Shamsher Singh Day" in St. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 09-349, and; upon roll call, motion carried unanimously. B. Joseph E. Smith, Clerk of the Circuit Court, presented the "Certificate of Achievement for Excellence in Financial Reporting," for Comprehensive Annual Financial Report 2008. C. A presentation was made by Susan Buza of 211's regarding the Annual Service Delivery Report; 2008-2009 Perspective V. GENERAL PUBLIC COMMENT None VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 9 and 10 The Board approved Warrant List Nos. 9 and 10. B. COUNTY ATTORNEY Florida Resources, LLC Replacement of Letter of Credit —1— 12/04/0S ST. LUCIE BOARD PAGE FZABWARR WARRANT LIST #10- 28-NOV-2009 TO 04-DEC-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 001113 General Fund CDBG Supp Disaster Recovery Subgran 2,823,095.68 32,088.27 78,817.03 001176 FTA' Section 5303 F/Y06 15,595.50 0.00 0.00 001180 US Dept Housing HUD Shelter Plus Gr 91.77 0.00 001181 FTA Section 5307 Operating & Capita 125.00 0.00 001184 CDBG 07 23,450.20 0.00 001188 Section 112/MPO/Fhwa/Planning 2007 31,224.49 114.32 001436 INTACT Inspired Network to Achieve 669.88 0.00 001442 FCTD Planning Grant Agreement 166.42 0.00 001505 FDCA Emerg. Mgmt Prep & Assist FY09 41.50 0.00 001509 US Dept of Housing CDBG 09 5,416.0.0 0.00 001510 CSBG FY 2009-2010 228.04 001511 ARRA CSBG 2009 2,942.04 0.00 001512 Neighborhood Stabilization Program 293.11 0.00 001513 EITC CSBG T&TA Program 10.28 0.00 101 101002 Transportation Trust Fund 10,955.11 0.00 5,217.49 101003 Transportation-Trust/80o Constitut 45,312.28 38 101004 Transportation Trust/Local Option Transportation Trust/County Fuel Tx 14 601.12 3,103.54 101006 Transportation Trust/Impact Fees 9,834.10 1,178.40 1,170.00 102 102001 Unincorporated ServicesFund 42,637.85 9.61 9,189.0 102809 Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD 32,513.50 32,854.93 180.00 105 Library Special Grants Fund 854.93 46.98 0.00 107 107001 Fine & Forfeiture Fund Fine 3,846, 0.00 5,6. 8116 107002 & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 219. 9.38 55.68 107003 Surchar Fine & Forfeiture Fund-800 Mhz Oper .38 6,351.74 68 55.00 107006 F&F Fund -Court Related Technology0.00 38, 107158 USDOJ Edward Byrne Mem Justice 009 221.18 21.18 0.00 0.00 107205 Juvenile Justice & Delinquency Prev 408.96 0.00 109 Drug Abuse Fund 35.00 111 River Park I Fund 3,282.37 0.00 112 River Park II Fund 653.77 0.00 113 Harmony Heights 3 Fund 258.84 0.00 114 Harmony Heights 4 Fund 563.71 0.00 116 Sunland Gardens Fund 08 0.00 117 Sunrise Park Fund . 157.05 0.00 119 Holiday Pines Fund 0.00 122 Indian River Estates Fund . 1,12929.71 0.00 123 Queens Cove Lighting Dist#13 Fund 401.05 0.00 126 Southern Oak Estates Lighting 134.73 0.00 127 Pine Hollow Street Lighting MSTU 408.63 0.00 128 Kings Hwy Industrial Park Lighting 550.26 0.00 130 SLC Public Transit MSTU 1 0.00 130101 FTA Operating and Capital Assist 99,34.00 9,345.00 0.00 130207 FDOT Fized Route Grant 23,023.77 0.00 136 Monte Carlo Lighting MSTU#4 Fund 1,905.68 0.00 0.00 12/04/09 ST. LUCIE CuQ,,Z - BOARD PAGE FZABWARR WARRANT LIST #10- 28-NOV-2009 TO 04-DEC-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 138 Palm Lake Gardens MSTU Fund 281.71 0.00 139 140 Palm Grove Fund Airport Fund 821.50 0.00 140001 Port Fund 11,956.08 11,f956 08 256.04 140137 FAA Runway Rehab & Security Fencing 6 979.18 72 0.00 140351 Install Access Control System 45,202.67 0.00 140365 FDOT Rehab Runway 1OR/28L 367.32 0.00 142 Port MSBU Development Fund 28,300*03 0.00 150 Impact Fee Collections 0.00 160 Plan Maintenance RAD Fund 700.08 34,221 16 183 Ct Administrator-19th Judicial Cir 4,221.58 58 01.92 300.00 183001 Ct Administrator-Arbitration/Mediat 0.00 183003 Ct Admin.-County Teen Court 180.00 0.00 183004 Ct Admin.- Teen Court 80.00 1,422*59 0.00 185010 FHFA SHIP 2008/2009 0.00 185011 FHFA SHIP 2009/2010 422.52 0.00 189100 Home Consortium 8,000.00 0.00 189201 FHFC Hurricane Housing Recover Pla y 50,322.26 6.45 0.00 310001 Impact Fees -Library 77.p8 310002 Impact Fees -Parks 18.43 0.00 315 County Building Fund 9 13,366 0.00 316 County Capital 1 4 ,3.9 0.00 318 County Capital -Transportation Bond 233,500.00 0.00 401 418 Sanitary Landfill Fund Golf Course Fund 434,756.80 0.00 7,376.72 451 S. Hutchinson Utilities Fund 13,662.79 1,849.47 458 SH Util-Renewal & Replacement Fund 46 40,05*50 1 05. 77.65 461 Sports Complex Fund � 12,561.65 3.70 471 No County Utility District-Operatin 137,280.82 701.93 478 No Cty Util Dist -Renewal & Replace 257.90 187.39 479 No Cty Util Dist -Capital Facilities 7.39 491 Building Code Fund 125.71 64 505 Health Insurance Fund 443,513.32 3,513.32 41.81 505001 Property/Casualty Insurance Fund 142,479.84 1,752.34 1,752.34 611 Tourist Development Trust-Adv Fund 40,267.52 134.24 616 SLC-Cultural Affairs Council 9,888.32 0.00 00 625 Law Library 0.00 630 Tax Deed Overbid Agency Fund 2, 2,2 24.11 0.00 665 SLC Art in Public Places Trust Fund 6 .36 0.00 669 Lake Drive MSBU . 9,420.75 0.00 685 Sunland Gardens MSBU 31,452.08 0.00 686 Greenacres MSBU 13,881.32 0.00 801 Bank Fund 0.00 3,549.95 0.00 GRAND TOTAL: 9,342,642.61 134,346.88 11/25/09 FZABWARR FUND TITLE 001 001113 001176 001180 D01184 )01188 )01436 )01442 )01505 )01510 )01511 )01512 _01 .01002 _01003 .01004 .02 .02001 .02809 .05 .07 07001 07002 07003 07006 07205 30 40 40361 50 60 83 83004 85009 85010 85011 89100 16 10001 15 16 )1 18 51 58 51 71 78 ST. LUCIE COUNTY - BOARD WARRANT LIST # 9- 21-NOV-2009 TO 25-NOV-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 INTACT Inspired Network to Achieve FCTD Planning Grant Agreement FDCA Emerg. Mgmt Prep & Assist FY09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev SLC Public Transit MSTU Airport Fund FDOT - Port of Ft. Pierce Dredging Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court FHFA SHIP 2007/2008 FHFA SHIP 2008/2009 FHFA SHIP 2009/2010 Home Consortium County Capital I&S Impact Fees -Library County Building Fund County Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace EXPENSES 233,834.23 3,054.08 58.67 40.30 28,418.32 715.88 1,073.28 53.07 813.60 88.56 81.73 311.91 18,271.61 16,180.75 1,619.07 8,591.43 6,482.28 3,154.42 1,716.11 3,065.57 37,141.14 138.59 138.61 675.55 48,369.64 889.65 161.44 1,830.86 33,450.00 304.00 18, 949.00 2,719.99 395.36 1.29 149.73 15,700.00 25,122.55 1,202.00 10, 998. 69 8,492.20 8,524.00 83,284.73 7,525.53 15,080.59 39.74 35,846.57 11,461.37 97.56 PAGE PAYROLL 554,717.33 3,244. 60 790.05 532.43 1,635.80 9,700.03 0.00 714.50 0.00 1,157. 60 1,157.60 1, 635.80 36, 670. 40 44,905.78 21,053.73 19,205.36 74,280.57 5, 343. 64 1,824.24 0.00 155, 908.88 1, 790 99 1, 790. 99 0.00 8, 736. 95 2,076.00 2,176.18 15,054.22 0.00 1,523.20 3, 693.22 3,009.49 5,404.72 18.46 2,144.80 0.00 1, 635. 80 0.00 0.00 0.00 0.00 56,804.66 20,955.29 3,448.13 537.35 21,718.98 7,892.52 1,320.25 1 L1/25/09 ST. LUCIE COUNTY - BOARD PAGE 2 'ZABWARR WARRANT LIST # 9- 21-NOV-2009 TO 25-NOV-2009 FUND SUMMARY 'UND TITLE EXPENSES PAYROLL 179 No Cty Util Dist -Capital Facilities 111.36 1,495.77 191 Building Code Fund 3,601.22 33,769.60 i05 Health Insurance Fund 1,228.94 1,186.40 >05001 Property/Casualty Insurance Fund 246.49 3,288.44 )11 Tourist Development Trust-Adv Fund 151.07 2,001.06 )30 Tax Deed Overbid Agency Fund 6,181.90 0.00 )65 SLC Art in Public Places Trust Fund 175.00 0.00 �01 Bank Fund 250,662.61 0.00 GRAND TOTAL: 958,673.84 1,137,951.81 r. The Board approved the acceptance of Letter of Credit No. 5290007769 and release of Letter of Credit number 2006-18. 2. Authorization to enter into an Impact Fee Payment Agreement with Magda Vilarino for delinquent Impact Fees pursuant to Resolution No. 09-114. The Board approved the attached Impact Fee Payment Agreement with Magda Vilarino and sign the Agreement as drafted by the County Attorney's Office. B. COUNTY ATTORNEY CONTINUED 3. After the Fact Revocable License Agreement — John H. Stamm, Jr. — 806 S. 40th Court The Board approved the After the Fact Revocable License Agreement with Mr. Stamm, authorized the Chairman to execute the Agreement and directed Mr. Stamm to record the Agreement in the Public Records of St. Lucie County, Florida. 4. Ordinance No. 10-02 — Amending Section 1-4-26 (Enforcement and Penalties; Mandatory Court Appearance) to Provide for Surcharge pursuant to Section 828.27(4)(b), Florida Statutes, to Fund the Cost of Training for Animal Control Officers The Board approved advertising proposed Ordinance No. 10-02 for public hearing on January 19, 2010 at 6:00 p.m. or as soon thereafter as may be heard. 5. Resolution No. 09-357 — Increase Medical Examiner Cremation Certificate Fee The Board approved Resolution No. 09-357 increasing the Medical Examiner Cremation Certificate Fee. Contract for Sale and Purchase — Harmony Heights Stormwater Improvements — Audrey Powell — Parcel I.D. 1431-801-0131-000/3 The Board approved the Contract for Sale and Purchase from Audrey Powell, authorized the Chairman to sign the Contract, and directed staff to proceed with the closing and recording the Warranty Deed in the Public Records of St. Lucie County. Contract with New Horizon's of the Treasure Coast —Jail Diversion Program The Board approved the contract with New Horizons of the Treasure Coast. The contract will have a retroactive start date of October 1, 2009, incompliance with services rendered since the start of the 2009/2010 budget year. 8. Contract with New Horizons of the Treasure Coast — Mental Health Court The Board approved the contract with New Horizons of the Treasure Coast. The contract will have a retroactive start date of October 1, 2009, incompliance with services rendered since the start of the 2009/2010 budget year. C. ENVIRONMENTAL RESOURCES University of South Florida Contract for a Wetlands Inventory and Evaluation Study The Board approved the contract with the University of South Florida as outlined in the memorandum, and authorized the Chairman to sign documents as approved by the County Attorney. 2. Palm Breezes Club Landscaping Improvement Agreement The Board approved the Landscaping Improvement Agreement with Centex Homes, developers of the Palm Breezes Club Planned Unit Development, in the amount of $12,191.40 and authorized the Chairman to sign the Agreement as approved by the County Attorney. C. ENVIRONMENTAL RESOURCES CONTINUED 3. SL 2617 Fox Telecommunication Tower Landscaping Improvement Agreement -L- The Board approved the Landscaping Improvement Agreement with PJ Development, LLC, developer of the SL 2617 Fox Telecommunication Tower, in the amount of $12,880.00 and authorized the Chairman to sign the Agreement as approved by the County Attorney. 4. Castle Pines Gate House Minor Adjustment Landscaping Improvement Agreement The Board approved the Landscaping Improvement Agreement with the Castle Pines Homeowners' Association developer of the Castle Pines Gate House, in the amount of $3,818.00 and authorized th a Chairman to sign the Agreement as approved by the County Attorney. D. PARKS AND RECREATION American Legion Request to Serve Alcohol The Board approved the American Legion's request to serve alcohol at their "Blessing of Bikes" event at the Indrio School House on December 27, 2009 as outlined in the agenda memorandum. 2. River Park Marina ADA Playground The Board approved the purchase of Game Time ADA accessible playground equipment, safety surfacing and site amenities totaling $125,436.23 for River Park Marina utilizing the U.S. Communities Government Purchasing Alliance National Contract #040376 as outlined in the agenda memorandum and authorized the Chairman to sign documents, as approved by the County Attorney. PUBLIC WORKS Contract for median maintenance on St. James Drive, Midway Road south to Arioso Blvd The Board approved entering into a contract with Gator Lawn Maintenance for the median maintenance on St. James Drive, Midway Road south to Arioso Blvd., in the amount of $33,000 and authorized the Chairman to sign the documents as approved by the County Attorney. Walton Road Widening (US 1 to Village Green Drive) The Board approved Change Order No. 2 to the contract with Felix Associates in the amount of $160,048.70 for the Walton Road Widening project (US 1 to Village Green Drive) and authorized the Chairman to sign documents as approved by the County Attorney. Beau Rivage Drainage Pipes Replacement The Board approved advertising an Invitation to Bid to replace failing drainage pipes at the intersection of I South Shore Road and Everglades Boulevard in Beau Rivage subdivision. F. MOSQUITO CONTROL Acceptance of grant from FishAmerica Foundation (FAF) The Board approved acceptance of the FAF grant, and authorized the Chairman to execute the agreement, as approved by the County Attorney. G. AIRPORT Taxiway C Rehabilitation The Board approved Budget Resolution No. 09-356 and Budget Amendment No. 10-007 establishing the fund for the FDOT grant for the Taxiway C Rehabilitation projects in the amount of $1,942,400 with a $485,600 local match and authorized the Chairman to sign the documents as approved by the County Attorney. ME! Change Order No. 4 for Phase 2 Access Control System The Board approved Change Order No. 4 for Smith Industries, Inc. for the Phase 2 Access Control System project increasing the total project cost by $227,054.04 from $1,020,771.24 to $1,247,825.28 with an increase in the contract time of 98 days to March 26, 2010 and authorized the Chairman to sign the document as approved by the County Attomey. H. INFORMATION TECHNOLOGY Interlocal Agreement between St. Lucie County and Fort Pierce Utilities Authority (FPUA) Attachment A The Board approved the Interlocal Agreement (as shown in Attachment A) for Fort Pierce Utilities Authority (FPUA) and authorized the Chairman to sign documents as approved by the County Attorney. 2. Contract with R & S Integrated Products & Services, Inc. The Board approved entering into a Contract with R & S Integrated Products and Services, Inc. for Laserfiche software support and authorized for the Chairman to sign documents as approved by the County Attorney. GRANTS St. Lucie County Regional History Center — Waiver of Entrance Fees. The Board approved waiving the admission fee to the St. Lucie County Regional History Center from December 12, 2009 thru December 19, 2009 for visitors who donate a new, unwrapped toy to Toys for Tots. GRANTS CONTINUED 2. Silver Line Plastics — Letter of Intent The Board approved having the County Administrator send a Letter of Intent to offer Silver Line Plastics: (1) An Ad Valorem Tax Abatement phased over six years subject to Board approval at a public hearing, Silver Line Plastics making an approximate capital investment in St. Lucie County of $5,000,000 for building improvements and equipment and Silver Line Plastics employing 44 persons at an average hourly wage of $16.40 (Estimated Value of Tax Abatement = $146,250). (2) A Job Growth Incentive Grant of $72,600 to be phased over three years subject to Silver Line Plastics employing 44 persons at an average hourly wage of $16.40. 3. Windstorm Mitigation of Three County Facilities — Grant Application The Board approved submitting a grant application in the amount of $198,873 to the Florida Department of Emergency Management Pre -Disaster Mitigation Program to mitigate three critical County facilities, for windstorm. Indrio Savannas Preserve Habitat Restoration — Grant Application The Board approved submitting a grant application in the amount of $19,278 to the Florida Fish and Wildlife Conservation Commission to improve gopher tortoise and scrub jay habitat in the Indrio Savannas Preserve. 5. Art in Public Places (AiPP) — Agreement for art services for the Zora Neale Hurston Graveside Pillars project. Under the circumstances set out in the memorandum, the Board waived the call for artists and approved the agreement, in a form approved by the County Attorney, with James Liccione for art services in the amount of $12,000 for the Zora Neale Hurston Graveside Pillars project. —4— 6. U.S. Department of Energy, Energy Efficiency and Conservation Block Grant — Grant Application. The Board approved submitting a funding application in an amount not to exceed $5 million to the U.S. Department of Energy, Energy Efficiency and Conservation Block Grant, Retrofit Ramp -Up and General Innovation Fund Programs, and authorized signing the grant application documents. Mr. Davenport, Consultant for St. Lucie County made a power point presentation on this item and expressed the importance of legislation approval of the Renewable Portfolio Standards required. Mr. Matt Durgoblocker, addressed the Board and stated the Board should consider long term large comprehensive planning . He stated his company provides long term Strategic planning for government with grant and stimulus dollars. Mr. Marty Levin, representing Climatdc, addressed the Board and stated they were in the process of reaching out for letters of support from private, civic and public sectors. Mr. Ken Middleton, Stuart business owner addressed the Board and stated he was ready to invest in solar for his business and hoped the Board would move forward so that Martin County may follow. Com. Coward advised the Board of the various appointments he has scheduled with various banks to discuss this issue and hopefully receive support for the initiative. J. MANAGEMENT AND BUDGET 1. Resolution No. 09-352, Changes to Purchasing Manual — Apprenticeship Program The Board approved Resolution No. 09-352, Changes to Purchasing Manual — Apprenticeship Program 2. Fixed Asset Inventory — Property Record Removal The Board approved removing the fixed assets as listed on the attached Property Disposition Forms, from the capital asset inventory of the Clerk of Circuit Court. END OF CONSENT AGENDA PUBLIC HEARINGS VII. A. GROWTH MANAGEMENT Resolution No. 09-213, Petition of Home Dynamics Sedona, LLC for a 12-Month Extension of the Final Planned Unit Development (PUD) project known as Sedona PUD. Consider staff recommendation to adopt Resolution No. 09-213 granting a 12-month extension to the Sedona PUD. Mr. Ken Delatorre, Home Dynamics representative addressed the Board and stated the request for the extension was due to the financing difficulty the company was having. Com. Coward stated he recognized the land use amendments regarding this issue and stated he would prefer the landowner consider possibly going back to the non-residential designation and felt it may be more beneficial to the county as well as the property owner if this was considered. Com. Grande advised the Board he would not support the request for an extension due to the fact the Planning and Zoning Board has denied this project by a vote of 8-0 with one member absent while he was a member of this Board. He wishes to be consistent with his vote. Com. Dzadovsky stated his main concems with this project was the density, the open space and the amenities were undersized for the project. —5— Staff advised the Board of the several revisions requested by the Board of County Commissioners after the Planning and Zoning meeting vote. Com. Coward reiterated his position where he would like to work with the property owner to revert the property back to a non-residential land use. Com. Grande advised the Board his vote would remain unchanged. He recalled this project was first reviewed due to the lack of affordable housing during this time. He believes a community in excess of 300 units will require additional services and this is the kind of development they should not be fostering at this time. Com. Dzadovsky stated had he been a Board member at the time this project came before them, he would would not have voted in favor of it due to the lack of amenities and the density. He still has concerns with the community, however he will support the extension. The Petitioner addressed the Board and advised them of the amenities being provided on the plan. It was moved by Com. Lewis, seconded by Com. Craft. to approve Resolution No. 09-213, and; upon roll call, the vote was as follows; Aye's: Commissioners Lewis, Craft, Dzadovsky, Coward; Nay's: Commissioner Grande, motion to approve carried by a vote of 4 to 1. B — FF. PUBLIC WORKS Special Assessment Notice of Intent for 2010 Consider staff recommendation to adopt Resolution Numbers 09-317 through 09-347, Special Assessment Notice of Intents for 2010 as outlined in the agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. Mr. Paul Scholl, St. Lucie County resident, addressed the Board and requested clarification on the assessment process being proposed. He advised the Board he was opposed to the public notice concept for the street lighting districts. Com. Grande recommended Mr. Scholl schedule time to meet with staff to review the concept and attempt to clarify the confusion. Com. Coward left the meeting at this time for a prior commitment and was not present to vote on any of the following items. Agenda Item Resolution Number Special Assessment VII-B 09-317 Canoe Creek MSBU It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-317, and; upon roll call, motion carried unanimously. VII-C 09-318 Kings/Indrio MSBU It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-318, and; upon roll call, motion carried unanimously. VII-D 09-319 Lakewood Park 2 MSBU It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 09-319, and; upon roll call, motion carried unanimously. VII-E 09-320 Lakewood Park 3 MSBU It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 09-320, and; upon roll call, motion carried unanimously. VII-F 09-321 North Lennard Road 1 MSBU It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-321, and; upon roll call, motion carried unanimously. I� VII-G 09-322 North Lennard Road 2 MSBU It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-322, and; upon roll call, motion carried unanimously. VII-H 09-323 North Lennard Road 3 MSBU It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 09-323, and; upon roll call, motion carried unanimously. VII-I 09-324 Rainbow Drive 1 MSBU It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve Resolution No. 09-324, and; upon roll call, motion carried unanimously. VII-J 09-325 Rainbow Drive 2 MSBU It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-325, and; upon roll call, motion carried unanimously. VII-K 09-326 River Hammock MSBU It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-326, and; upon roll call, motion carried unanimously. VII-L 09-327 South Hutchinson Island MSBU It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-327, and; upon roll call, motion carried unanimously. VII-M 09-328 Towns, Villages, and Countrysides MSBU It was moved by Com. Craft, seconded by Com. Dzadovsky to approve Resolution No. 09-328, and; upon roll call, motion carried unanimously. VII-N 09-329 River Park 1 SLD It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-329, and; upon roll call, motion carried unanimously. VII-O 09-330 River Park 2 SLD It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-330, and; upon roll call, motion carried unanimously. VII-P 09-331 Harmony Heights 1 SLD It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-331, and; upon roll call, motion carried unanimously. VII-Q 09-332 Harmony Heights 2 SLD It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-332, and; upon roll call, motion carried unanimously. VII-R 09-333 Sheraton Plaza SLD It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-333, and; upon roll call, motion carried unanimously. VII-S 09-334 Sunland Gardens SLD It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-334, and; upon roll call, motion carried unanimously. VII-T 09-335 Sunrise Park SLD It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution -7- No. 09-335, and; upon roll call, motion carried unanimously. VII-U 09-336 Paradise Park SLID It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-336, and; upon roll call, motion carried unanimously. VII-V 09-337 Holiday Pines SLID It was moved by Com. Craft, seconded by Com. Dzadvosky, to approve Resolution No. 09-337, and; upon roll call, motion carried unanimously. VII-W 09-338 The Grove SLID It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-338, and; upon roll call, motion carried unanimously. VII-X 09-339 Blakely Subdivision SLID It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-339, and; upon roll call, motion carried unanimously. VII-Y 09-340 Indian River Estates SLID It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-340, and; upon roll call, motion carried unanimously. VII-Z 09-341 Queens Cove SLID It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-341, and; upon roll call, motion carried unanimously. VII-AA 09-342 Palm Grove SLD It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-342, and; upon roll call, motion carried unanimously. VII-BB 09-343 Southern Oaks SLID It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-343, and; upon roll call, motion carried unanimously. VII-CC 09-344 Meadowood SLID It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-344, and; upon roll call, motion carried unanimously. VII-DD 09-345 Palm Lake Gardens SLID It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-345, and; upon roll call, motion carried unanimously. VII-EE 09-346 Kings Highway Industrial Park SLID It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 09-346, and; upon roll call, motion carried unanimously. VII-FF 09-347 Pine Hollow SLID It was moved by Com. Dzadovsky, seconded by Com. Craft, to approver Resolution No. 09-347, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS REGULAR AGENDA No items Board Comments Com. Dzadovsky addressed the Board and provided information on the City of Ft. Pierce Commission meeting he and the County Administrator attended the evening prior. The Ft. Pierce City Manager advised staff he believed there was a different formula for calculating the funds from the MSTU. He believed the city should be receiving $300,000 plus and not the $49,000 as calculated by the county. He also requested information on the audit and where the MSTU dollars have gone. The Board requested information on the legal ramifications for the City should they decide to pull out of the MSTU. Com. Dzadovsky stated the City Manager advised him the administration costs should also be the county's responsibility due to the fact Lawnwood Park is a regional park. Com. Craft requested a detailed memorandum as to where the MSTU dollars are going. The County Administrator stated staff was working on this request and she was committed to providing the necessary reports. She has had discussions with the OMB Director and will have a follow up discussion with the County's Bond Counsel and will be putting the information together and will provide it to the Board for their review as well as information on the revenues generated will be provided to the City of Ft. Pierce. Com. Dzadovsky requested information regarding the possibility of the city's taxes increasing should they pull out of the MSTU. Com. Grande requested this information prior to the two week delay the City Commission approved so that it may be walked through. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court CONSENT AGENDA ITEMS 12/11/0� FZABWARR FUND TITLE 001 001113 001164 001176 001180 001181 001184 001188 001436 001442 001509 001510 001511 001512 101 101002 101003 101004 102 102001 102809 105 107 107001 107002 107003 107006 107205 115 118 121 130 L30102 L40 L40001 L40360 L40362 L50 L 6 0 L83 L83001 L83004 L 83006 L84209 L84211 L84212 L85009 _85010 ST. LUCIE COUNTY - BOARD WARRANT LIST #11- 05-DEC-2009 TO 11-DEC-2009 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran USDOJ Violence Against Women Grant FTA Section 5303 F/Y06 US Dept Housing HUD Shelter Plus Gr FTA Section 5307 Operating & Capita CDBG 07 Section 112/MPO/Fhwa/Planning 2007 INTACT Inspired Network to Achieve FCTD Planning Grant Agreement US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund SLC Public Transit MSTU FTA 5307-ARRA 2009 Capital Projects Airport Fund Port Fund FDEP Airport W Commerce Prk Sewer FDOT Fence Obstruction Lights Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP - Fort Pierce Shore Protection FDEP South SLC Beach Restoration Fort Pierce IMP Implementation FHFA SHIP 2007/2008 FHFA SHIP 2008/2009 IWA20MI06111 633,732.86 78,006.46 13,546.53 57.36 40.14 104.33 122.70 768.10 3, 110.84 46.38 1.42 2,248.30 81.69 291.20 45,151.41 15,661.40 3,442.61 1,739.36 56,526.10 31,245.61 395.51 6,177.23 317,123.06 2,476.72 92.72 3,335.09 644.36 1, 994.76 649.91 898.20 99.36 57.12 35, 355. 40 6,886.86 63.59 7,521.50 45, 801.70 120.40 3,476.52 5, 420.63 480.00 393.01 485.01 4,094.64 69, 605.44 30,305.72 6.98 150.08 PAGE PAYROLL 576,468.73 3, 337 .40 0.00 764.02 532.43 1,406.27 1, 635.80 10,321.42 0.00 527.46 18.56 1,157.60 1,157.60 1, 635.80 38,906.57 49,185.55 21,475.48 16,595.25 77,569.85 5, 652.19 3,277.38 0.00 174,849.14 1,159.95 1,159.95 0.00 8, 736. 95 2,076.00 0.00 0.00 0.00 769. 91 0.00 16,885.03 0.00 0.00 0.00 1,597.44 3, 186. 14 3,009.49 0.00 5,404.72 0.00 0.00 0.00 0.00 92. 70 2,144.80 1 12A1i'09 FZABWARR FUND TITLE 185011 189100 189201 204 234 310001 310002 316 318 401 418 451 458 461 471 478 479 491 505 505001 611 625 665 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #11- 05-DEC-2009 TO 11-DEC-2009 FUND SUMMARY FHFA SHIP 2009/2010 Home Consortium FHFC Hurricane Housing Recovery Pla Communication System I&S Fund Driftwood Manor I&S Fund 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 Law Library SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL: EXPENSES 8,000.00 26,842.31 241.93 750.00 54.10 48,961.81 2,245.87 14,473.67 19,348.92 123,953.56 8,136.03 40,465.55 2,354.47 15,865.69 8,575.72 90.36 82,219.41 3,388.84 407,765.79 3,567.56 156.59 1,550.14 3,100.00 293,936.29 2,546,080.93 PAGE 2 PAYROLL 0.00 1,728.60 241.28 0.00 0.00 0.00 0.00 0.00 0.00 60,517.51 23,802.35 3, 619.24 557.97 18,045.30 8,261.13 1,210.80 1, 694.01 37,098.89 1,379.29 3, 436. 92 2,075.30 0.00 0.00 0.00 1, 196, 366. 17 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Donation of Right -of -Way Grace Emmanuel Church 5 feet on Kitterman Road Resolution No. 09-253 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: N/A ITEM NO. VI-B-I DATE: December 15, 2009 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager PREVIOUS ACTION: March 25, 2004 - Grace Emmanuel Church received site plan approval for two phases of construction. RECOMMENDATION: Staff recommends that the Board accept the Special Warranty Deed, authorize the Chairman to sign Resolution No. 09-253 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVED [ ] OTHER Approved 5-0 [x] County Attorney: t�t Daniel McIntyre [x] Originating Dept: fm(L JoAnn Riley [ ] DENIED Review and Approvals [x] Road and Brid Don Pauley [x] Engineering: M vp Michael Powley CONCURRENCE: Faye W. Outlaw, MPA County Administrator [x] Public Works: 0 Don W t PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: December 15, 2009 SUBJECT: Donation of Right -of -Way Grace Emmanuel Church 5 feet on Kitterman Road Resolution No. 09-253 BACKGROUND: On March 25, 2004, Grace Emmanuel Church received site plan approval for two phases of construction. Grace Emmanuel Church has now applied for a minor adjustment to a minor site plan. Public Works has requested they donate 5 feet of right-of-way on Kitterman Road to St. Lucie County. Attached is a copy of the Special Warranty Deed for the 5 feet of right-of-way on Kitterman Road along with Resolution No. 09-253. RECOMMENDATION: Staff recommends that the Board accept the Special Warranty Deed, authorize the Chairman to sign Resolution No. 09-253 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, J Ann Riley Property Acquisition Manager ft COUNTY`` Right -of -Way Donation on q/s F Attomev & Acautsiuons — OWF er - ij,• - � '� Z>,. � e �� 1�.8 ,i11 �� • .-�f�.�� ,,tit' f. ' _ - ' ;, � * �9�.•� IW 10 AL _ wf '''�5"` _ _6 .add.._ s1+1i'! ..'►,; a „ �• + r KITTTERMAN RD.. r410 ,� +� It+,, • �� a ,,� �r � •,� � , .;� s } . e "'win WOOD NDS DR �� ".,� t, w '� .Ilk � y DENNIS0 N OR _` 1470 SE Huffman Road Port St. Lucie, FL 34952 November 19, 2009 St. Lucie County Board of Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: Stormwater Fee Exemption Grace Emmanuel Church Minor adjustment to Minor Site Plan Dear County Commissioners: Grace Emmanuel Church agrees to donate five feet of right-of-way along Kittermah Road at no cost to the County if the County agrees to waive the $2,000 storm water permit fee. Should you have any questions or require any additional information please contact our representatives at your convenience. (A. Chabab: 878-5079 or Jim McKeegan: 834-8782). Sincerely Pastor Sam Chess Prepared by and Return to: Boston National Title and Escrow, LLC Jared Schle"el 475 NW Prima Vista Blvd. Port St. Lucie, Florida 34983 For official use b�Clerk's office only STATE OF Florida ) SPECIAL WARRANTY DEED COUNTY OF ST LUCIE ) (Corporate Seller) THIS INDENTURE, made this day of) , 2009, between Grace Emmanuel Church, Inc., a Florida non profit corporation, whose mailing address is: 707 Kitterman Road, Port St. Lucie, FL 34982, party of the first part, and Saint Lucie. County, a political subdivision of the State of Florida, whose mailing address is: 2300 Virginia Avenue, Fort Pierce, Florida 34982, party/parties of the second part, WITNESSETH: First party, for and in consideration of the sum of TEN AND NOII 00 DOLLARS ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, aliens, remises, releases, conveys and confirms unto second party/parties, his/her/their heirs and assigns, the following described property, towit: 5' wide right-of-way dedication lying in a portion of the North '/2 of Lot 4, Block 3 of Model Land Company's Subdivision in the Southwest '/, of Section 15, Township 36 South, Range 40 East, according to the plat thereof, as recorded in Plat Book 1, Page 41, Public Records of St. Lucie County, Florida, being more particularly described as follows: Begin at the intersection of the South right of way line of Kitterman Road (being a 60 feet wide right-of- way) and the West line of said Lot 4 (said corner also being the Northeast comer of Lot 8, The Woodlands Subdivision, recorded in Plat Book 20, Page 1, Public Records of St. Lucie County, Florida); thence North 89°57'08" East, along said South right of way line, a distance of 332.83 feet; thence South 00' 11 '52" East, a distance of 5.00 feet; thence South 89°57'08" West a distance of 332.83 feet; thence North 00*11'20" East a distance of 5.00 feet to a point on the existing Southerly right-of-way line of Kitterman Road and the point of beginning. This legal description has been derived from the Right -Of --Way Dedication description prepared by Bloomster Professional Land Surveyors, Inc., dated April 22, 2009 as Job No: 5241-R-O-W prepared for Grace Emmanuel Church. Subject, however, to all covenants, conditions, restrictions, reservations, limitations, easements and to all applicable zoning ordinances and/and restrictions and prohibitions imposed by governmental authorities, if any. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the party of the first part hereby covenants with said patty of the second part, that it is lawfully seized of said land in fee simple: that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the party of the first part. IN WITNESS WHEREOF, first party has signed and sealed these present the date set forth on 2009. Signed, sealed and delivered in the presence of: itness signature - ' 6 � /4ci ; t cy s t Prit )witness name) \ Imes ignatHre 11i>lunil,a �G��h1-r'n��-, Print *itness name State of Florida County of St. Lucie Grace Emmanuel Church, Inc., a Florida non profit corporation e, By: / Print Elam-e: L Title: 7L.—PPC--A,7- (Corporate Sea]) THE FOREGOING INSTRUMENT was acknowledged before me this 9rday of�isf , 2009 by of Grace Emmanuel Church, Inc., a Florida non profit corporation who is personally known to me or who has produced _✓7P. ,- �,�r as identification. N aty Public Print Notary Name My Commission Expires: T/,-% /, y /�2y�d7i- Notary Seal 1 2d�PRY P&" —� " = LUCIA B. RAPOSO ` ` = NOTARY PUBLIC - STATE OF FLORIOA DEED - Special warranty SKY COK, EXPIRES JULY 12, 2011 Closers' Choice COMMISS1f1Id # DD 6g4 ja SKETCH OF DESCRIPTION FOR RIGHT-OF-WAY DEDICATION -i- W J W N. Q1 k W 4 Z Q W O v PUB = FUN/ UP Ct V%NN/NV (P) = PLA TTED (M) = MEASURED STING 60' RIGHT--OF-WA J 32. 92' SOUTH HALF OF LOT 4 LOT 3 SHEET 2 OF 2 SCALE. I' = 40' NOT VALID W HOUT SHEET 1 OF 2 LEGAL DESCRIPTION FOR RIGHT-OF-WAY DEDICATION LEGAL DESCR/PT/ON.- 5' WIDE RIGHT—OF—WAY DEDICATION LYING IN A PORTION OF THE NORTH 112 OF LOT 4, BLOCK 3 OF MODEL LAND COMPANY S SUBDIVISION IN THE SOUTHWEST 114 OF SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 41, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF KITTERMAN ROAD (BEING A 60 FEET WIDE RIGHT—OF—WAY) AND THE WEST L/NE OF SAID LOT 4 (SAID CORNER ALSO BEING THE NORTHEAST CORNER OF L 0 T 8, THE WOODLANDS SUBDIVISION, RECORDED IN PLAT BOOK 20, PAGE 1, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA); THENCE NORTH 89'57'08" EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 352.83 FEET,' THENCE SOUTH 00.11 '52 " EAST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 89.57'08" WEST A DISTANCE OF 332.83 FEET; THENCE NORTH 00°1 1 '20'EAST A DISTANCE OF 5.00 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT—OF-WAY LINE OF KITTERMAN ROAD AND THE POINT OF BEGINNING. CONTAINING: 1664.15 SOUARE FEET OR 0.038 ACRES MORE OR LESS. NOTES- 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEARING BASE OF THIS SKETCH OF LEGAL DESCRIPTION /S A189 57'03'E ALONG THE SOUTH RIGHT OF WAY LINE OF KITTERMAN ROAD. 3. THE INFORMATION WAS PROVIDED BY FIELD LOCATIONS. SURVEYORS CERT/F/C4T/ON.• / HEREBY CERTIFY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE M/N/MUM TECHNICAL STANDARDS AS SET FORTH BY THE FL ORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS /N CHAPTER 61 G 17— 6, FLORIDA STATUTES, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ROSERT BL OOMSTER ✓R. PROFESSIONAL LAND SURVEYOR N0. 4134 STATE OF FLORIDA NOT VALID WITHOUT SHEET 2 OF 2 BLOOMSTER PROFESSIONAL LAND SURVVEEYORS,e NC. LLf791 NORTHEAST DIXIE HIGHWAY JENSEN BEACH, FLORIDA 34957 PHONE 772-334-0868 SKETCH TO ACCOMPANY LEGAL DESCR EPTION PREPARED FOR. GRACE EMMANUEL CHURCH SITE LOCATED: KITTERMAN ROAD Sr LUCIE COUNTY, cLORIDA RESOLUTION NO.09-253 A RESOLUTION ACCEPTING A SPECIAL WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing Special Warranty Deed is duly accepted on behalf of St. Lucie County this 151h day of December, 2009. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY S:\ACQ\WP\Right of Way Donations\Grace Emmanuel Chu rch\Resolution.wpd AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Donation of Right -of -Way ECM Group, Inc. Virginia Avenue Medical Office 10 feet on South 38th Street Resolution No. 09-360 BACKGROUND: FUNDS AVAILABLE: See attached Memorandum N/A ITEM NO. VI-B-2 DATE: December 15, 2009 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager PREVIOUS ACTION: August 12, 2009 — Virginia Avenue Medical Office received minor site plan approval with a condition of donation of 10 feet of right-of-way on South 38`h Street RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed, authorize the Chairman to sign Resolution No. 09-360 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [A APPROVED [ ] OTHER Approved 5-0 [x] County Attorney: Daniel McIntyre [ ] DENIED Review and Approvals [x] Road and Bridg Don Pauley [x] Originating Dept: Jki- [x] Engineering: MVP JoAnn Riley Michael Powley CONCURRENCE: Faye W. Outlaw, MPA County Administrator [x] Public Works: Don We t PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: December 15, 2009 SUBJECT: Donation of Right -of -Way ECM Group, Inc. Virginia Avenue Medical Office 10 feet on South 38th Street Resolution No. 09-360 BACKGROUND: GM-09-010 required ECM Group, Inc. to donate 10 feet of right-of-way on South 381h Street to St. Lucie County as part of their site plan approval for Virginia Avenue Medical Office. Attached is a copy of the Warranty Deed for the 10 feet of right-of-way on South 38th Street along with Resolution No. 09-360. RECOMMENDATION* Staff recommends that the Board accept the Warranty Deed, authorize the Chairman to sign Resolution No. 09-360 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, I - Property Acquisition Manager s7P,aell veru --t COUNTY F l 0. 1. A 1u i An: r LL O N � wzs �_U) LL ~ G�7 '.. O�-o w O N Z O O U Uvzuj O wm: S 11.: ` azF-- SKETCH & LEGAL DESCRIPTION OF 10.00' RIGHT OF WAY DONATION ALONG THE WEST RIGHT OF WAY OF SOUTH 38TH STREET 'i; 5.11J13<6N 72O" R`�'W" (INIPi�O•�� � .� .r_ . �.._�; .� , �...... "LESS It G w A 40 N88"2T12"E r-254.917_ , tiT PARCEL A I EP5II.IN� 0� 1 ,,50' R/WOF 39t� 5fmf — PARCEL C m CD P�tCEL D L() CO co co M O z LEGAL DESCRIPTION: COMMENCING AT THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 114 OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE N88°27'12"E A DISTANCE OF 25.0 FEET; THENCE S03°34'50"E A DISTANCE OF 149.60 FEET; THENCE N88°27'12"E ALONG THE SOUTH RIGHT OF WAY LINE OF VIRGINIA AVENUE A DISTANCE OF 280.85 FEET; THENCE S47033'49"E A DISTANCE OF 20.35 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S47°33'49"E A DISTANCE OF 14.39 FEET TO THE WEST RIGHT OF WAY LINE OF SOUTH 38TH STREET AS LAID OUT AND IN USE; THENCE S03°34'43"E ALONG THE WEST RIGHT OF LINE OF SOUTH 38TH STREET A DISTANCE OF 226.31 FEET; THENCE S88°27'12"W A DISTANCE OF 10.00 FEET; THENCE NO3°34'43"W A DISTANCE OF 236.31 FEET TO THE POINT OF BEGINNING. I a,Fi1NG$ ��° - .. ; CXR B-0 0.3 P:'7 1" P.O.B. 25"' j PROPOSED 10.0' RIGHT OF WAY DONATION TO ST. LUCIECOUNTY AA � 10 LEGEND A/C AIR CONDITIONER I.D. IDENTIFICATION IP. IRON PIPE IR. IRON ROD L.B. LICENSED BUSINESS N.T.S. NOT TO SCALE O.R.B. OFFICIAL RECORDS BOOK P PLAT P.B. PLAT BOOK F.I.R. FOUND IRON ROD P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING 5601 CORPORATE WAY *ASS 10 SURVEYING SUITE WEST PALM BEACH, FL E 210 www.compasssurveying.net PHONE:561.640.4277 FAX:561.640.4261 I TAKING No.117 4, PAGE 1340 co 0 N w w m x z zZ ap Z o LL O w LL. 0p OQ�OJ 0 0- U) 1 P.C.P. PERMANENT CONTROL POINT PG. PAGE PSM PROFESSIONAL SURVEYOR AND MAPPER rRIGHT OF WAY CENTERLINE #AND NUMBER 0 CONCRETE ® COVERED SKETCH & LEGAL DESCRIPTION OF XXX SOUTH 39TH STREET FORT PIERCE, FL. 34981 PREPARED FOR JWL ENTERPRISES, INC. Clyde O. McNeal PSM( #2883 THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER Prepared By and Return To: Merrill Parker Ally Parker Brown Title Insurance Agency 698 SW Port St. Lucie Blvd., #104 Port St. Lucie, FL 34953 Property Appraiser's Parcel I.D. (folio) Number(s) 2420-221-0005-000-0 File No. APB20095172 WARRANTY DEED THIS WARRANTY DEED dated this _h day of December, 2009, by ECM Group, Inc., a corporation existing under the laws of Florida, and having its principal place of business at 3709 Oakridge Lane, Weston, FL 33331, hereinafter called the grantor, to St. Lucie County, a Political Subdivision of the State of Florida, whose post office address is 2300 Virginia Avenue, Ft. Pierce, FL 34982, hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporation) WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells,' aliens, remises, releases, conveys, and confirms unto the grantee, all the certain land situated in St. Lucie County, Florida, viz: SEE ATTACHED EXRMIT "A" Subject to easements, restrictions, reservations and limitations of record, if any. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining. TO HAVE AND TO HOLD the same in Fee Simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2008. wortamy nma (Individual io InWvidun) WARRANTY DEED (Continued) 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 duly authorized, the day and year first above written. ATTEST: Secretary Signed, sealed and delivered in the presence of Witness Print Name State of ;l fUV(',.o�� County of I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and the County aforesaid to take acknowledgement, personally appeared Jerry Jacobson, the President of the Corpol tion name the grantor in the foregoing deed, who is/are personally known to me or who produced ' -( as identification and that they severally acknowledged executin the same freely and voluntarily under the authority duly vested in them by said corporation. �l t WITNESS my hand and official seal in the County and State My Commission Expi res: 7 S 20(0 No Signature Notary Print Name day of December, 2009. f NOTARY PUBLIC.STATE OF FLORIDA Jonathan S. Drath Commission #DD591954 SEP 05, 2010 -"I- D THfl��C BONDING CO., LN1C• BOND EXHIBIT "A" LEGAL DESCRIPTION Commencing at the Northwest corner of the East '/2 of the Northwest'/4 of the Northwest '/4 of Section 20, Township 35 South, Range 40 East; thence N 88 degrees 27' 12" E a distance of25.0 feet; thence S 03 degrees 34'50" E a distance of 149.60 feet; thence N 88 degrees 27' 12" E along the South right of way line of Virginia Avenue a distance of 280.85 feet; thence S 47 degrees 33'49" E a distance of 20.35 feet to the point of beginning; thence continue S 47 degrees 33'49" E a distance of 14.39 feet to the West right of way Iine of South 38v' Street as laid out and in use; thence S 03 degrees 34'43"E along the West right of way line of South 38 h Street a distance of 226.31 feet; thence S 88 degrees 27'12" W a distance of 10.00 feet; thence N 03 degrees 34'43" W a distance of 236.31 feet to the point of beginning. u- >I O :go J V SKETCH & LEGAL DESCRIPTION OF 10.00' RIGHT OF WAY DONATION ALONG THE WEST RIGHT OF WAY OF SOUTH 38TH STREET N tiara 6 ry , r , 27 :' 1-1�1,�::•":_:-'"1LV' R! w_.��Mrf� „,h.�~• s:. ."..• ,'4`.Y',`A`M,+'yy`.4.; .Y. � PARCEL A EPST LINE OE 50' UwOF ` 39th 5mf PARCEL C I • ro, ,n S4f3-T49"E� 20.35% P.O.B./ PROPOSED 10.0' RIGHT OF WAY DONATION TO ST. LUCIECOUNTy. A Hp N ��•� W G °c•' P�tCEL D 10 S88°27'12"W 165.0( 5 CRR°mm"W 1 440.00' q o LEGAL DESCRIPTION: COMMENCING AT THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE N88°27'12"E A DISTANCE OF 25.0 FEET; THENCE S03°34'50"E A DISTANCE OF 149.60 FEET; THENCE N88°27'1TE ALONG THE SOUTH RIGHT OF WAY LINE OF VIRGINIA AVENUE A DISTANCE OF 280.85 FEET; THENCE S47033'49"E A DISTANCE OF 20.35 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S47°33'49"E A DISTANCE OF 14.39 FEET TO THE WEST RIGHT OF WAY LINE OF SOUTH 38TH STREET AS LAID OUT AND IN USE; THENCE S03°34'43"E ALONG THE WEST RIGHT OF LINE OF SOUTH 38TH STREET A DISTANCE OF 226.31 FEET; THENCE S88°27'12"W A DISTANCE OF 10.00 FEET; THENCE NO3°34'43"W A DISTANCE OF 236.31 FEET TO THE POINT OF BEGINNING. A/C I.D. IP. IR. L.B. N.T.S. O.R.B. P P.B. F.I.R. P.O.C. P.O.B. 5601 CORPORATE WAY SUITE 210 *ASS WEST PALM BEACH, FL 33407 www.compasssurveying.net SURVEYING PHONE:561.640.4277 FAX:561.640.4261 EXHIBIT 8 TAKING 10.117 I. PAGE 1340 Co CV N ix w Co X z LLI CD z zou-0 X �wti0 0 Q � -J Ua.Cl) LL 70 rn o o °D LEGEND AIR CONDITIONER IDENTIFICATION IRON PIPE P.C.P. PERMANENT CONTROL POINT IRON ROD PG. PAGE LICENSED BUSINESS pSM PROFESSIONAL SURVEYOR NOT TO SCALE AND MAPPER OFFICIAL RECORDS BOOK RIGHT OF WAY PLAT W CENTERLINE IRON AND FOUND ROD # NUMBER POINT OF COMMENCEMENT C CONCRETE POINT OF BEGINNING COVERED SKETCH & LEGAL DESCRIPTION OF XXX SOUTH 39TH STREET FORT PIERCE, FL. 34981 PREPARED FOR JWL ENTERPRISES, INC. Clyde O. McNeal PSM #2883 THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER 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 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE S 3379739 08/18/2009 at 10:36 AM OR BOOK 3119 PAGE 1233 - 1240 Doc Type: ORD RECORDING: $69.50 GM-09-010 MNSP File No. 620081473 AN ORDER GRANTING APPROVAL FOR A MINOR SITE PLAN PROJECT TO BE KNOWN AS VIRGINIA AVENUE MEDICAL OFFICE WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for site plan approval submitted by Engineering & Construction Services, Inc., reviewed the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. Virginia Avenue Medical Office is a proposed 4,592 square foot medical office on 1.76 acres of property in the CG (Commercial, General) and Institutional Zoning District, located on the south side of Virginia Avenue, approximately 1/2 mile west of South 25th Street, for certain property in St. Lucie County, Florida as described in Part B below. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet technical requirements of the Land Development Code and to be consistent with the St. Lucie County Comprehensive Plan. 3. The project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 4. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 5. The project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 6. The project is to be served by adequate public facilities and services. 7. The applicant has applied for and received a Certificate of Capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. August 12, 2009 Page 1 File No.: MNSP 520081473 GM Order No. 09-010 1 NOW, THEREFORE, BE IT ORDERED: 2 3 A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the 4 proposed Minor Site Plan to be known as Virginia Avenue Medical Office, is hereby 5 approved as shown on the site plan drawings for the project prepared by Engineering 6 Design & Construction Inc., dated August 3, 2007, revised through March 18, 2009, 7 and date stamped received by the St. Lucie County Growth Management Department 8 on April 28, 2009, subject to the following conditions: 9 10 1. The applicant shall within 90 days after receiving final site plan approval convey the 11 required road right of way for South 38th Street. Manner and form of conveyance 12 shall be acceptable to the County Attorney. The sketch and legal description shall 13 be prepared by a Florida licensed surveyor and mapper. 14 2. The developer shall execute a Road Improvement Agreement (Agreement) with St. 15 Lucie County and submit a surety for the proposed public improvements. The 16 amount of surety shall be 115% of the engineer's estimate of probable cost. Form of 17 surety shall be approved by the County Attorney. A St. Lucie County right of way 18 permit shall not be issued until the St. Lucie County Board of County 19 Commissioners has approved the Agreement. 20 3. Forty-five (45) days prior to the commencement of construction for the proposed 21 public improvements the developer's engineer shall submit detailed construction 22 plans for review and approval by the County Engineer. 23 4. Prior to the issuance of a Certificate of Occupancy the applicant shall construct 24 South 38th and South 39th Street from SR 70 to the projects southern property line. 25 All public road construction shall be in accordance with the St. Lucie County/FDOT 26 standards as approved by the County Engineer. 27 5. Prior to the issuance of a building permit, recorded copies of a shared use 28 agreement for the shared storm water detention area shall be submitted and 29 approved by St. Lucie County. 30 6. Prior to approval of a Notice of Vegetation Removal, the applicant shall finalize an 31 improvement agreement acceptable to ERD covering the cost of landscaping and 32 tree mitigation, including on -site tree relocation. A copy of this agreement can be 33 obtained by visiting the SLC ERD website at: http://www.stlucieco.org/erd/index.htm. 34 7. Prior to the ERD 18-month Landscape Inspection, all FLEPPCS listed invasive 35 exotics shall be removed throughout the site. 36 8. The applicant will comply with any state and federal agency regulations and 37 requirements. Prior to approval of a Notice of Vegetation Removal, the applicant 38 shall have obtained and provided ERD with copies of any required federal and state 39 permits, including but not limited to South Florida Water Management District. If 40 federal or state agency compliance requires modification to the development plans, 41 the applicant will promptly modify the plans and submit to SLC for review and August 12, 2009 File No.: MNSP 520081473 GM Order No. 09-010 Page 2 2 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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. 9. Prior to issuance of any construction authorizations, the developer, successors or assigns, shall submit documentation from the St. Lucie County Fire District Development indicating their approval of the project. 10. Prior to the issuance of a building permit, Growth Management Director must review and approve the proposed signage documents for consistency with Land Development Code Section 7.10.24.1. This shall include a site signage plan and elevation for review as required by Section 7.10.24.B.1. 11. Prior to the issuance of a building permit for the "Proposed Addition to Daycare" in the southwest corner of the site, the Growth Management Director must review and approve the elevations of the building for consistency with Land Development Code Section 7.10.24.C-H. 12. Prior to issuance of a building permit for the proposed addition to the day care facility, the applicant, successor or assigns must obtain the Board of County Commissioners approval of a Major Adjustment to the Conditional Use Permit that allows for the building addition. 13. Parcel A and Parcel B are part of a non -conforming lot of record that shall be retained in ownership with adjacent Parcel E or Parcel C, as described in Part B below. These parcels provide ancillary improvements for the medical facility and the may not be separated and treated as buildable lots. 14. Parcel C and Parcel D as described in Part B below shall be retained under unified ownership. The day care facility may only operate in conjunction with the ancillary improvements on Parcel C. B. The property on which this Minor Site Plan approval is being granted is described as follows: Parcel A From the northwest corner of the east 1/2 of the northwest 1/4 of the northwest 1/4 of Section 20, Township 35 South, Range 40 east, St. Lucie County, Florida, run east 25 feet; thence South 149.6 feet to the Point of Beginning; continue south 49.9 feet and thence go east 140 feet; thence proceed north 49.9 feet, and thence proceed west 140 feet to the Point of Beginning; less all road right-of-ways. Parcel B A parcel land in the northeast one -quarter of the northwest one -quarter of the northwest one -quarter of Section 20, Township 35 south, Range 40 east, Saint Lucie County, Florida, being more particularly described as follows: Commencing at the southwest corner of the northeast one -quarter of the northwest August 12, 2009 Page 3 File No.: MNSP 520081473 GM Order No. 09-010 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 one -quarter of the northwest one -quarter of said Section 20; thence northerly along the westerly line of the southwest corner of the northeast one -quarter of the northwest one -quarter of the northwest one -quarter of said Section 20, a distance of 25.00 feet to the northerly right-of-way line of Arnold Road, as laid out and in use; thence easterly along the northerly right-of-way line of said Arnold Road, a distance of 25.00 feet to the Easterly right-of-way line of South 39th Street as laid out and in use; thence northerly along the easterly right -of- way line of said south 39th Street, a distance of 417.81 feet to the northerly line of Parcel "C" of that Warranty Deed from Russell G. Young to Michael A. Lombardi, as recorded in Official Records Book 579, Page 2481, of the public records of Saint Lucie County, Florida and the Point of Beginning; thence continue northerly along the easterly right-of-way line of said South 39th Street, a distance of 8.27 feet to the southerly line of that Warranty Deed from Bryant L. Jennings to Emanuel E. Lombardi, Michael A. Lombardi and Rosalie A. Lombardi, as recorded in Official Records Book 520, Page 1509 of the public records of Saint Lucie County, Florida; thence easterly along the southerly line of said Warranty Deed from Bryant L. Jennings to Emanuel E. Lombardi. Michael A. Lombardi and Rosalie A. Lombardi, as recorded in Official Records Book 520, Page 1509 of the public records of Saint Lucie county, Florida, a distance of 140.00 feet to the westerly line of Parcel "A" of said Warranty Deed from Russell G. Young to Michael A. Lombardi, as recorded in Official Records Book 579, Page 2481; thence southerly along the westerly line of Parcel "A" of said Warranty Deed from Russell G. Young to Michael A. Lombardi, as recorded in Official Records Book 579, Page 2481, a distance of 8.44 feet to the northerly line of Parcel "C" of said Warranty Deed from Russell G. Young to Michael A. Lombardi, as recorded in Official Records Book 579, Page 2481; thence westerly along the northerly line of said Warranty Deed from Russell G. Young to Michael A. Lombardi, as recorded in Official Records Book 579, Page 2481, a distance of 140.00 feet to the Point of Beginning. Parcel C Beginning at the southwest corner of the northeast 1/4 of the northwest 1/4 of the northwest 1/4 of Section 20, Township 35 south, Range 40 east; thence north 25 feet, thence east 25 feet, thence north along the east right of way line of South 39th Street 313.36 feet to the Point of Beginning; thence east 140 feet; thence north 104.45 feet; thence west 140 feet to the east right-of-way line of South 39th street; thence south along the east right-of-way line of South 39th Street, a distance of 104.45 feet to the Point of Beginning, all lying and being in St. Lucie County, Florida. Parcel D Begin at the intersection of the east right-of-way line of South 39th Street (50 feet August 12, 2009 Page 4 File No.: MNSP 520081473 GM Order No. 09-010 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 wide) and the north right-of-way line of Harvey Avenue (50 feet wide) which point is 25 feet east and 25 feet north of the southwest corner of the northeast 1/4 of the northwest 1/4 of the northwest 1/4 of Section 20, Township 35 south, Range 40 east. From said point, run north along the east right-of-way line of South 39th Street 208.90 feet to the POINT OF BEGINNING; thence continuing north along the east right-of-way line of 39th Street 104.46 feet; thence east 140 feet; thence south 104.45 feet; thence west 140 feet to the POINT OF BEGINNING. Said parcel is the same as Lots 5 and 6 of a certain unrecorded Plat of the northwest 1/4 of the northwest 1/4 of Section 20, Township 35 South, Range 40 east. Prepared by J. W. Whitice, County Surveyor. Parcel E The east 165 feet of the west 330 feet of the south 250.45 feet of the north 399.57 feet of the northeast 1/4 of Section 20, Township 35 south, Range 40 east, St. Lucie County, Florida. A Parcel of land in the northwest one -quarter of Section 20, Township 35 south, Range 40 east, St. Lucie County, Florida, being more particularly described as follows: Commencing at the intersection of the north line of the 50.00 foot right-of-way of Arnold Road with the east line of the 50.00 foot right-of-way of 39th Street; thence north 03'34'50" west along the east line of said 39th Street, a distance of 208.90 feet to the point of beginning; thence continue north 03'34'50" west along the east line of said 39th Street, a distance of 232.87 feet; thence north 42'26'11" east a distance of 35.96 feet to the intersection with the south line of the 120.00 foot right- of-way of Virginia Avenue, also known as State Road No. 70; thence north 88'27'12" east along the south right-of-way of said Virginia Avenue, a distance of 114.10; thence south 03.34'50" east, a distance of 258.93 feet; thence south 88'31'23" west, a distance of 140.00 feet to the point of beginning. Containing in all 35,879 square feet or 0.82 acres, more or less. Location: 2306 South 39th Street, Fort Pierce, south of Virginia Avenue. C. The approvals granted by this administrative order shall expire on July 15, 2011, unless an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. D. The Final Site Plan approval granted under this Order is specifically conditioned to the requirement that the property owners, successor and assigns in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities including, but not limited to; the United States August 12, 2009 Page 5 File No.: MNSP 520081473 GM Order No. 09-010 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 Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part A. E. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part A above, all such appeals must be filed in writing with the County Administrator within 30 days of the rendering of this Order, as described in Section 11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. F. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director and mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. G. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Order. If any condition set forth in Section A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this order shall become null and void. H. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. I. This order shall be recorded in the Public Records of St. Lucie County. August 12, 2009 Page 6 File No.: MNSP 520081473 GM Order No. 09-010 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ORDER effective the 12th Day of August, 2009. August 12, 2009 GROWTH MANAGEMENT DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mark Satter ee APPROVED AS TO FORM AND CORRECTNESS: Page 7 File No.: MNSP 520081473 GM Order No. 09-010 EXHIBIT A A p St Lucie County Certificate of Capacity Date 7/10/2009 Certificate No. 2829 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Minor Site Plan GM-09-010 Number of units 0 Number of square feet 7,008 2. Property legal description & Tax ID no. 232022100080001, 242022100060007, 2420221000140006 (part of), 242022100090008, 242022100050( Virginia Avenue, between 38th and 39th Sts Virginia Avenue Medical Office 3. Approval: Building Resolution No. GM-09-010 Letter 7/15/09 4. Subject to the following conditions for concurrency: 14 conditions of approval - See GM-09-010 Owner's name Jerry Jacobson & William Wilson Address 3709 Oakridge In & 8041 SE Orchard Weston & Hobe So FL 33455 6. Certificate Expiration Date 7/15/2011 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development or r(s) is ued for the same property, use and size as described herein. Si¢ned Date: 7/10/2009 Growth Management Director St Lucie County, Florida Friday, July 10, 2009 Page 1 of 2 RESOLUTION NO.09-360 A RESOLUTION ACCEPTING A WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing Warranty Deed is duly accepted on behalf of St. Lucie County this 15' day of December, 2009. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY S:\ACQ\WP\Right of Way Donations\Virginia Avenue Medical\Resolution.wpd ITEM NO. VI-C COUNTY ;> F E Q R t D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Agriculture DATE: 12/15/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X PRESENTED BY: Ken Gioeli Natural Resources Agent Grant Application — Integrated Pest Management (IPM) Field Guide For The Melaleuca Gall Midge Please see attached memorandum. N/A N/A RECOMMENDATION: Board approval to submit application for Florida Exotic Pest Plant Council Grant Program, as outlined in the agenda memorandum. No County match. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director Budget Analyst Dan McIntyre Originating Dept. ( ) ERD ` Anitg Neal, Dir. Marie CG, uin TaWonna Johnson karefi Smith, Dir. -PowlI 7" cou NTy F: L :0 R`,1D A WIN Agriculture MEMORANDUM TO: Board of County Commissioners THROUGH: Anita Neal, County Extension Director �, ' FROM: Ken Gioeli, Natural Resources Agent DATE: December 15, 2009 SUBJECT: Grant Application - Integrated Pest Management (IPM) Field Guide For The Melaleuca Gall Midge ITEM NO. VI-C Background: Melaleuca quinquenervia is a Florida Exotic Pest Plant Council (FLEPPC) Category I invasive plant common in St Lucie County. The gall midge Lophodiplosis trifida Gagne, is the latest host -specific melaleuca biological control agent. This gall midge will impede growth and kill small melaleuca. The Integrated Pest Management (IPM) Field Guide For The Melaleuca Gall Midge, Lophodiplosis trifida Gagne, will enable land managers to learn about and identify the Melaleuca Gall Midge. The grant application to Florida Exotic Pest Plant Council requests $980 to produce and print the IPM Field Guide For The Melaleuca Gall Midge, Lophodiplosis trifida Gagne. No County match required. Previous Action N/A Recommendation Board approval to submit application for Florida Exotic Pest Plant Council Grant Program, as outlined in this agenda memorandum. APPLICANT INFORMATION Contact Person: Ken Gioeli Job Title: Extension Agent III / Natural Resources Agency: University of Florida / IFAS — St Lucie County Cooperative Extension Address: 8400 Picos Road, Ste 101, Fort Pierce, FL 34945 Phone: (772) 462-1660 Email: ktgioeli@ufl.edu PROJECT DESCRIPTION Project Title: IPM Field Guide For The Melaleuca Gall Midge, Lophodiplosis trifida Gagne Project Summary: Melaleuca quinquenervia is a FL EPPC Category I invasive plant. Management strategies include the use of biological agents to halt the spread of melaleuca. This requires biological agents to reduce flower and seed production while increasing sapling mortality. Oxyops vitiosa and Boreioglycaspis melaleucae are successful melaleuca biological agents, but there was a need for additional agents. The gall midge Lophodiplosis trifida Gagne, is the latest weapon in our arsenal. This gall midge will impede growth and kill small melaleuca. The IPM Field Guide For The Melaleuca Gall Midge, Lophodiplosis trifida Gagne, will enable land managers to learn about and identify the Melaleuca Gall Midge. Project budget: Printing (min.1200 color, Tri-fold) $500 Field Guide Development $480 TOTAL $980 Where will the project be located? Melaleuca gall midges are being raised by USDA ARS in Ft Lauderdale. These insects will be distributed throughout the melaleuca invasion range in Central and South Florida. What are the FLEPPC target plant(s)? Melaleuca quinquenervia Who is the target audience? Central and south Florida land managers controlling Melaleuca quinquenervia Describe how you will evaluate success at reaching your target audience. . Measurable Objectives: #1 Approximately A minimum of 1200 color tri-fold "IPM Field Guide For The Melaleuca Gall Midge, Lophodiplosis trifida Gagne, " will be produced for distribution. #2 Field Guides will be distributed to melaleuca biological control agent experts in Central and South Florida. Experts with OF / IFAS and USDA ARS will adopt the use of this Field Guide and will distribute them to members of the general public who request melaleuca biological control agents. Field guides will also be distributed to Cooperative Invasives Species Management Areas (CISMA's). #3. Program participants receiving this Field Guide will be able to properly identify the Melaleuca Gall Midge and its benefits as a biological control agent. Surveys will be used to quantify this objective. Describe collaborating organizations and their contributions. Ken Gioeli University of Florida/IFAS — St Lucie County Cooperative Extension 8400 Picos Road, Ste 101 Fort Pierce, FL 34945 Provide technical information, project design and implementation, product dissemination Paul D. Pratt, Ph.D. Invasive Plant Research Lab USDA/ARS 3225 College Ave. Fort Lauderdale FL 33314 Melaleuca Gall Midge rearing, publication technical information, product dissemination What is your method of implementation?. Task #1: Product Development. University of Florida /IFAS Graphics Dept will produce the graphics package for the IPM Field Guide For The Melaleuca Gall Midge, Lophodiplosis trifida Gagne. Task #2: Printing. Field Guides will be printed by A&T Printers or another printer based on best cost estimates. Cost per Field Guide is subject to current market prices. Task #3: Distribution. Field Guides will be provided to OF/IFAS Extension Agents as well as USDA APHIS melaleuca biological agent experts for distribution to property owners requesting biological control agents. A supply of Field Guides will be provided to Cooperative Invasives Species Management Areas (CISMA's). Task #4: Evaluation. A stratified random sample of Field Guide recipients will be surveyed to determine if they can properly identify the Melaleuca Gall Midge and its benefits as a biological control agent. Describe prior activities that may help you to accomplish this project, if applicable. Ken Gioeli and Paul Pratt are collaborators on the TAME Melaleuca Project. TAME Melaleuca is an areawide pest management program designed to promote long-term, biologically -based management for the invasive melaleuca problem in Florida. The project goal is to demonstrate the effectiveness of an Integrated Pest Management (IPM) approach for controlling melaleuca in the United States and beyond. In addition, Gioeli serves as Education Chair for the Treasure Coast Cooperative Invasives Species Management Area (TC CISMA). What is your timeline for completion? Item Description Month (include Task #) 1 2 3 4 5 6 7 8 9 10 11 12 (Task # 1) X X (Task 42) X X (Task #3) X X X X X X X X X X (Task #4) X X X Summarize your expected results. #1: A graphics package will be developed by the University of Florida / IFAS for the IPM Field Guide For The Melaleuca Gall Midge, Lophodiplosis trifida Gagne. These Field Guides will be printed and made available to invasive plant management experts at the University of Florida / IFAS, USDA ARS and Cooperative Invasives Species Management Areas. #2: Field Guides will be distributed to people throughout the state who request help managing melaleuca. #3: Program participants receiving this Field Guide will be able to correctly identify melaleuca and increase their understanding of the use of biological control agents such as the melaleuca gall midge as a management tool. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget/Purchasing SUBJECT: Fixed Asset Inventory -Property Record Removal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A ITEM NO. VI-D DATE: 12/15/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X PRESENTED BY: Marie M. Gouin Director RECOMMENDATION: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. COMMISSION ACTION: ( APPROVED O DENIED O OTHER Approved 5-0 Coordination/Signatures County Attorney (X) Dan McIntyre Purchasing ( X) 1./f Sandra Morando CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Budget Analyst ( ) (Name) Denrtii`'W etzel TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: December 15, 2009 Office of Management & Budget/Purchasing MEMORANDUM SUBJECT: Fixed asset inventory -property record removal ITEM NO. VI-D Background: Per Section 18.4 of the Purchasing Manual, staff is requesting authorization to remove the fixed assets, as listed on the attached Property Disposition Forms (pages 1-34), from the inventory of various departments of St. Lucie County Board of County Commissioners. The computer equipment being designated as surplus will be used to meet various needs. Some of the computers are being used as spare parts, replacements for remaining Howards and for the nonprofit agency donation program. Recommendation: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. THESE ITEMS WILL BE REMOVE FY 09 PROPERTY BOCC VARIOUS # DEPTS. ITEMS computer 405760 various items 405078 700350 491015 405165 4M5238 405163 500703 500705 500704 405261 102130 405274 " 405268 102131 405262 405263 " 102118 405275 405276 405269 405277 405270 405264 „ 405265 405271 405272 405266 405279 405273 405239 405235 102150 102151 " 102152 405852 102175 102158 102159 102168 " 102161 102164 700365 102165 102166 102168 102169 PROPERTY BOCC VARIOUS # DEPTS. ITEMS computer 405863 various items 405906 203910 " 405864 405907 " 405908 " 405909 405865 405866 405763 406001 405781 405819 " 405915 405834 405835 900129 405839 405836 405840 405916 405919 405917 900130 405841 405833 405918 " 405920 405842 405858 " 405985 406002 " 406003 " 405996 406000 405997 406004 406005 405999 406041 406042 406043 4o6044 4o6049 405806 405803 " 405828 IPROPERT BOCC VARIOUS Y # DEPTS. ITEMS 203904 mosquito fog monitors 203915 fog monitors 203916 fog monitors 203930 fog monitors 203932 fog monitors 203843 fog monitors 203931 fog monitors 203972 fog monitors 204006 fog monitors 204049 fog monitors 204050 fog monitors 500714 102186 " 405847 " 102119 " 500715 405800 " 405856 405799 " 500716 102144 " 500717 405802 " 500718 102186 " 500719 102183 " 500720 102184 " 102173 102105 " 500721 406153 " 500722 203928 " 405857 101194 " 500723 " 102196 " 405851 102190 " 500724 102200 " 500725 " 600288 " 405853 600289 " 102141 to 101104 " 405854 800224 " 102142 491046 to" 405868 102207 " 405869 102174 " 405870 4F2863 " 102143 403805 " 102155 500217 " 700366 102074 " 405871 100030 " 405872 102177 It 700367 " 404454 " 102145 453934 " 102147 405797 " 405875 405794 " 102149 405791 " 405445 405792 " 405446 405793 " 405447 " 900131 " 405448 405795 " 405449 405796 " 405450 405810 " 405451 406019 " 405460 405787 " 405488 to 11405789 " 405880 405801 " 405892 405876 " 405894 405827 " 405808 406011 405895 406013 " 405878 406016 " 405896 406018 " 405897 405802 405889 102144 405921 405877 " 405891 'I 405898 405899 ' 600279 " 405900 " 405883 405879 405884 " 203908 " 203909 " 405859 405860 405910 405911 405903 " 405904 " 405913 405862 4M4471 4M4465 407075 printers 800221 printers 405799 405800 12119 12186 405828 405803 405806 800187 600230 700334 700334A 407937 203826 402532 406028 406024 406022 406029 406023 406036 406025 406031 11 „ ,I „ ,I ,1 „ „ mosquito library cort admin „ „ „ 11 11 , 11 „ II 11 11 radio antenna computer atv printer computers II „ ,I „ 11 II II ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/23/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE Logistic Center 5. PROPERTY RECORD # SEE ATTACHED TRANSFERRING TO OTHER DEPARTMENT? YES NO Q IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q NO Q 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 2001 thru 2005 8. DESCRIPTION OF PROPERTY SEE ATTACHED 9. MAKE HOWARD COMPUTERS AND OTHERS 10. MODEL NUMBER SEE ATTACHED 11. SERIAL NUMBER SEE ATTACHED 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) � us y " 9/23/09 DEPARTMENT HEAAUTHORIZtED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION • J i Logistic Center Inventorty for Surplus as of 9/23/2009 Discription WS # SLC Prop ID Serial Numbers Status 1 Box of Speakers from Com Dev 15" Monitors Impression Boxed Box Power Cables 2 External Axis Boxes 2 External HDD Case 2 7 Bay CD Tower 2 Accelar 1100 Nortel 2 Access Server Boxes 3 Bay ANH Router 4 7 Bay SCSI CD Towers 6 Keyboard Trays Boxed 6 Keyboard Trays Unboxed 8 Howard Docking Stations 8 Howard Docking Stations 8 Scan Partner 620 Scanner 11 Nortel ARN Router 24 : 15" Monitors w. Q; Howard Speaker- Boxed 69 < 19" Plus Monitors 107 PS2 Mouse Old Clrk 137 PS2 Keyboard Old Clrk 17" Howard Monitors Unboxed GX110 GX260 BW2FS11 PC 1931 405760 Formosa 153241 Formosa 178766 IT Built 906648 Optiplex GX110 911772 405078 PC 920138 IT Built 921763 Built PC 967849 IT Built 968007 700350 Dell Inspiron 5000 968170 491015 IT Built 989731 IT Built 991265 Compaq Armada 1750 992031 Parts Formosa 91443235 Formosa 94113108 Formosa 94113113 Formosa 94113117 Formosa 1 94113121 Formosa 1 94113127 Logistic Center Inventorty for Surplus as of 9/23/2009 L Discription WS # SLC Prop ID Serial Numbers Status Formosa 94113132 Howard PC 22019 405165 Howard PC 22020 4m5238 Howard PC 22021 405163 E3600 22633 500703 E3600 22634 500705 E3600 22635 500704 Howard PC 23226 405261 Howard PC 23227 102130 Howard PC 23228 405274 Howard PC 23229 405268 Howard PC 23230 102131 Howard PC 23231 405262 Howard PC 23232 405263 Howard PC 23233 102118 Howard PC 23234 405275 Howard PC 23235 405276 E3600 23237 405269 Howard PC 23238 405277 Howard PC 23239 405270 Howard PC 23241 405264 Howard PC 23243 405265 Howard PC 23244 405271 Howard PC 23245 405272 Howard PC 23246 405266 Howard PC 23248 405279 Howard PC 23250 405273 Howard PC 23700 405239 Howard PC 23701 405235 Howard PC 23883 102150 Howard PC 23884 102151 Howard PC 23885 102152 Howard PC 23886 405852 Howard PC 23888 102170 Howard PC 23891 102175 Howard PC 23894 102158 Howard PC 23895 102159 Howard PC 23896 102168 Howard PC 23897 102161 Howard PC 23900 102164 Howard PC 23902 700365 Howard PC 23903 102165 Howard PC 23904 102166 Logistic Center Inventorty for Surplus as of 9/23/2009 Discription WS # SLC Prop ID Serial Numbers Status Howard PC 23905 102167 Howard PC 23906 102168 Howard PC 23907 102169 E3600 23936 500714 Howard PC 23937 405847 E3600 23938 500715 Howard PC 23940 405856 E3600 23942 500716 E3600 23943 500717 E3600 23944 500718 E3600 23945 500719 E3600 23946 500720 Howard PC 23947 102173 E3600 23948 500721 E3600 23949 500722 Howard PC 23950 405857 E3600 23953 500723 Howard PC 23954 405851 E3600 23956 500724 E3600 23957 500725 Howard PC 23970 405853 Howard PC 23971 102141 Howard PC 23972 405854 Howard PC 23973 102142 Howard PC 23974 405868 Howard PC 23975 405869 Howard PC 23977 405870 Howard PC 23978 102143 Howard PC 23980 102155 Howard PC 23980 700366 Howard PC 23981 405871 Howard PC 23982 405872 Howard PC 23983 700367 Howard PC 23984 102145 Howard PC 23988 102147 Howard PC 23990 405875 Howard PC 23994 102149 E3600 24309 405445 E3600 24312 405446 E3600 24314 405447 E3600 24317 405448 E3600 24325 405449 E3600 24328 405450 Logistic Center Inventorty for Surplus as of 9/23/2009 )TY Discription WS # SLC Prop ID Serial Numbers Status Howard PC 24332 405451 E3600 25054 405460 E3600 25056 E3600 25099 405488 Howard PC 26010 405880 Howard PC 26011 405892 Howard PC 26o13 405894 Howard PC 26o14 4058o8 Howard PC 26015 405895 E3600 26016 405878 Howard PC 26017 405896 Howard PC 26018 405897 Howard PC 26o19 405889 Howard PC 26021 405921 Howard PC 26022 405877 Howard PC 26024 405891 Howard PC 26026 405898 Howard PC 26027 405899 Howard PC 26029 6o0279 Howard PC 26030 405900 Howard PC 26032 405883 Howard PC 26033 405879 Howard PC 26034 405884 Howard PC 26397 203908 Howard PC 26398 203909 Howard PC 26399 405859 Howard PC 26400 405860 Howard PC 26402 405910 Howard PC 26403 405911 Howard PC 26406 405903 Howard PC 26407 405904 Howard PC 26409 405913 Howard PC 26410 405862 Howard PC 26412 405863 Howard PC 26413 405906 Howard PC 26414 203910 Howard PC 26415 405864 Howard PC 26416 405907 Howard PC 26417 405908 Howard PC 26418 405909 Howard PC 26419 405865 Howard PC 26420 405866 Howard PC 26421 Logistic Center Inventorty for Surplus as of 9/23/2009 Discription WS # SLC Prop ID Serial Numbers Status Howard PC 26433 405763 Howard PC 26437 406001 E3600 26441 405781 E3600 Howard PC 26444 Howard PC 26495 405819 Howard PC 26506 405915 Howard PC 265o8 405834 Howard PC 26510 405835 Howard PC 26511 900129 Howard PC 26512 405839 Howard PC 26513 405836 Howard PC 26515 405840 Howard PC 26516 405916 Howard PC 26517 405919 Howard PC 26519 405917 Howard PC 26520 900130 Howard PC 26521 405841 Howard PC 26523 405833 Howard PC 26524 405918 Howard PC 26526 405920 Howard PC 26527 405842 Howard PC 26529 405858 Howard PC 28192 405985 Formosa None Formosa None Howard PC 29438 406002 Howard PC 29443 406003 Howard PC 29444 405996 Howard PC 29445 406000 Howard PC 29447 405997 Howard PC 29449 406004 Howard PC 29450 406005 Howard PC 29457 405999 Howard PC 29501 406041 Howard PC 29504 406042 Howard PC 29506 406043 Howard PC 29508 4o6044 Howard PC 29509 4o6049 IT Built 200204802 Howard PC 26482 405806 Howard PC 26479 405803 Howard PC 26522 405828 Howard PC 32638 102186 Logistic Center Inventorty for Surplus as of 9/23/2009 )TY Discription WS # SLC Prop ID Serial Numbers Status Howard PC 23236 102119 Howard PC 26470 405800 Howard PC 26465 405799 Howard PC 23979 102144 Howard PC 26475 405802 Howard PC 23887 Howard PC 32638 102186 Howard PC 32634 102183 Howard PC 32635 102184 Howard PC 32637 102185 Howard PC 32639 Howard PC 32640 406153 Howard PC 32641 203928 Howard PC 35275 101194 Howard PC 35448 102196 Howard PC 35450 102198 Howard PC 35452 102200 Howard PC 38252 600288 Howard PC 38253 600289 GX260 BW2FS11 Formosa None Formosa None IT Built None IT Built None GX260 BW2FS11 Boxed Howard Software 1st Yr Burster Flatbed Printronix P215 970 101104 3 Part Burster Tower Dell Power Vault 120T Tape Drv. Dell Power Vault 2015 Dell Raid 14 Bay Cd Tower 1364 14 Bay Cd Tower 1365 Remote Sniffer 1526 Fujitsu Flatbed Scanner 491046 5898 Fujitsu Wide Body Scanner Noika IP380 Firewall 102207 9NO24200552 Nortel ASN Router Power Edge EDR 1600 Bay Net 176 102174 102111 DesignJet 650C Plotter 530 4F2863 Intergraph IS80 541 403805 0 Logistic Center Inventorty for Surplus as of 9/23/2009 Discription WS # SLC Prop ID Serial Numbers Status Dell Raid 2 External Axis Boxes 2 External HDD Case 14 Bay Cd Tower 1364 14 Bay Cd Tower 1365 Remote Sniffer 1526 Civic Ctr Control PC 800224 Fujitsu Flatbed Scanner 491046 5898 Fujitsu Wide Body Scanner Noika IP380 Firewall 102207 9NO24200552 11 Nortel ARN Router Nortel ASN Router 137 PS2 Keyboard Old Clrk 107 PS2 Mouse Old Clrk Power Edge EDR 1600 8 Scan Partner 620 Scanner Bay Net 176 102174 102111 DesignJet 650C Plotter 530 41`2863 Intergraph IS80 541 403805 Surf Control Server PC 827 Genicom 3840 Printer 1001 100030 NCR Server 999154 SRV 972574 405959 Dell Powervault 65OF - w/PS 999149 102177 2 7 Bay CD Tower 4 7 Bay SCSI CD Towers 2 Accelar 1100 Nortel Accelar 1200 Main Router 404454 2 Access Server Boxes Bay AN Router 3 Bay ANH Router Baystack 350T 10/100 Switch 4S3934 Added on 9/22/2009 Howard PC 26473 405797 Howard PC 26464 405794 Howard PC 26459 405791 Howard PC 2646o 405792 Howard PC 26463 405793 Logistic Center Inventorty for Surplus as of 9/23/2009 Discription WS # SLC Prop ID Serial Numbers Status Howard PC 26525 900131 Howard PC 26466 405795 Howard PC 26474 405798 Howard PC 26468 405796 Howard PC 26486 405810 Howard PC 29452 4o6oi9 Howard PC 26462 405787 Howard PC 26469 405789 Howard PC 26471 4058o1 Howard PC 23992 405876 Howard PC 26503 405$27 Howard PC 29440 4o6o11 Howard PC 29442 4o6o13 Howard PC 29458 4o6o16 Howard PC 29461 4o6o18 Howard PC 26475 405802 Howard PC 23887 Howard PC 23979 102144 Howard PC 26465 405799 Howard PC 26470 405800 Howard PC 23236 102119 Howard PC 32638 102186 Howard PC 26522 405828 Howard PC 26479 405803 Howard PC 26482 4058o6 Logistic Center Inventorty for Surplus as of 9/23/2009 SLC Prop ID Serial Numbers Status n Discription WS # Nokia IP440 Firewall 695 500217 Surf Control Server PC 827 Raid Array 965 102074 102011 Genicom 3840 Printer 1001 100030 NCR Server 999154 Dell Powervault 650F - w/PS 999149 102177 Accelar 1200 Main Router 404454 Bay AN Router Baystack 350T 10/100 Switch 4S3934 0 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/21/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) i 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE 5. PROPERTY RECORD # I20-3904 TRANSFERRING TO OTHER DEPARTMENT? YES NO j IF YES, DEPARTMENT NAME ' 6. DISPOSING OF YES ) NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY 9. MAKE }ADAPCO 10. MODEL NUMBER 3 11. SERIAL NUMBER 10j 01684 } 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC. DEPARTMEI /f HEALS OR AUtKORIZED PERSON 9/21 /09 DATE THIS FOW IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE..INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ? INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/21/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) I I t 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE ; 5. PROPERTY RECORD # £20-3915 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES (�) NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC. IN 8. DESCRIPTION OF PROPERTY ;MONITOR j 9. MAKE ADAPCO j 10. MODEL NUMBER 13 11. SERIAL NUMBER 1735 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) TR�'DE� I 9/21 /09 DEPARTMENI HEAD OR AUTHORIZED PERSON DATE THIS FOitM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE, JNVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/21/09 1. INVOICE DATE (IF NEW PURCHASE) I 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 1 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE 5. PROPERTY RECORD # 120-3916 P TRANSFERRING TO OTHER DEPARTMENT? YES 0 IF YES, DEPARTMENT NAME 6. DISPOSING OF YES U 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC. N0 mol 8. DESCRIPTION OF PROPERTY MONITOR I { 9. MAKE 'ADAPCO I 10. MODEL NUMBER `3 11. SERIAL NUMBER 11736 3 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) DEPARTMINT HEAD OR AOTHORIZED PERSON 9/21 /09 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/21/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE f E 5. PROPERTY RECORD # 20-3930 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES (�) NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC 8. DESCRIPTION OF PROPERTY 9. MAKE 10. MODEL NUMBER 11. SERIAL NUMBER X] 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) =ems 9/21/09 DEPARTMEN EAD OR AUT ORIZED E SON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. JNVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. %�-- INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/21/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) { 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE 1 I 5. PROPERTY RECORD # 120-3932 , TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES (�) NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC. 8. DESCRIPTION OF PROPERTY jMONITOR 9. MAKE 'ADAPCO 10. MODEL NUMBER 13 11. SERIAL NUMBER' 001857 I I � 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC. DEPARTMEWF HEAD OR AUTHORIZED PERSON 9/21 /09 DATE THIS FOW IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/21/09 1. INVOICE DATE (IF NEW PURCHASE) s t 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE 5. PROPERTY RECORD # 120-3843 i TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES ) NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC. 8. DESCRIPTION OF PROPERTY 9. MAKE 10. MODEL NUMBER 11. SERIAL NUMBER C 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) DEPARTMEtff HEAD OR AUTHOkIZED PERSON 9/21 /09 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. JNVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. /y INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9121/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (►F NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 IF YES, DEPARTMENT NAME 6. DISPOSING OF YES 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC 8. DESCRIPTION OF.PROPERTY 9. MAKE 10. MODEL NUMBER 11. SERIAL NUMBER N0 i I m 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) ----------------------------- 9/21 /09 DEPART HEA OR THORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. JNVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. /3--- INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/21/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) l 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE 5. PROPERTY RECORD # 20-3972 ! 3 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES (�) NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC. QI I E 8. DESCRIPTION OF PROPERTY MONITOR 9. MAKE ADAPCO 10. MODEL NUMBER 3 I 11. SERIAL NUMBER 1001950 I 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC. DEPARTME911 HEAD OR AUTI-nRIZED PERSON 9/21 /09 DATE THIS FOFW IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE..INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/21/09 1. INVOICE DATE (IF NEW PURCHASE) z 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) I 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE E_ 5. PROPERTY RECORD # 120-4006 F TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES e NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY MONITOR 9. MAKE 10. MODEL NUMBERS 11. SERIAL NUMBER 1202022 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD m THIS FO HEAD OR AUTHORIZED PERSON TRADED, ETC. 9/21 /09 DATE IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. -INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. `t 3 INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/21/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES (�) NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY 9. MAKE 10. MODEL NUMBER 11. SERIAL NUMBER 0 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC. -•-�_ •s • ERSON 9/21/09 DATE THIS FOVM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE, JNVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. Ida- INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT F ACQUISITION/DISPOSITION OR TRANSFER OF I TODAY'S DATE 9/21/09 I. INVOICE DATE (IF NEW PURCHASE) i 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # r 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES IF YES, DEPARTMENT NAME NO 6. DISPOSING OF YES (�) NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC 8. DESCRIPTION OF PROPERTY 9. MAKE 10. MODEL NUMBER 11. SERIAL NUMBER 0 12. METHOD OF DISPOSAL (IF DISPOSING OF; JUNK, SURPLUS, SOLD, TRADED, ETC. �n 11, -A DEPART T H A O A THOR PERSON 9/21/09 DATE THIS RM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. -INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. �j INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/21/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES (�) NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC. 8. DESCRIPTION OF PROPERTY 9. MAKE 10. MODEL NUMBER 11.SERIAL NUMBER C 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC. 9/21 /09 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE..INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. -2-0 NTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/21/09 1. INVOICE DATE (IF NEW PURCHASE) l f 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE i 5. PROPERTY RECORD # ;'20-4058A j TRANSFERRING TO OTHER DEPARTMENT? YES 0 IF YES, DEPARTMENT NAME 6. DISPOSING OF YES 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY linzw1cm 10. MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SU DEPARTMENT Hf-AD OR AUTHORIZED PERSON NO SOLD, TRADED, ETC. 9/21 /09. DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORM&PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OFACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 9/21/09 1. INVOICE DATE (IF NEW PURCHASE) I 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # s` 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 IF YES, DEPARTMENT NAME NO 6. DISPOSING OF YES NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY 9. MAKE 10. MODEL NUMBER 11. SERIAL NUMBER 191 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) r 9/21/09 DEPART NT HEAD OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. 0 A WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE, JNVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. :NTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT f.-A r' REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY -n TODAY'S DATE 6/30/09 u 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Tradition Field Sports Complex 4. LOCATION CODE 000045 5. PROPERTY RECORD # 4MM 6,0 0a3c7 TRANSFERRING TO OTHER DEPARTMENT? YES O NO O IF YES, DEPARTMENT NAME 6 DISPOSING OF YES Q 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 1997 8. DESCRIPTION OF PROPERTY ` Reel Mower - Ransomes 9. MAKE 1997 10. MODEL NUMBER sz000373 11. SERIAL NUMBER 12. OF DISPOSAL F DIS�UNK, SURPLUS, SOLD, TRADED, ETC.) Surplus DEPARTMENT HEAD OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. Aj INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY c} as TODAY'S DATE 8/26/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # BOCC, Parks & Recreation, Golf Course, Club House, Assistant Golf Pro's Office 4N - r7aW - s,o-77 4. LOCATION CODE LSGOLF 5. PROPERTY RECORD # 800187 TRANSFERRING TO OTHER DEPARTMENT? YES • NO 0 IT IF YES, DEPARTMENT NAME 6. DISPOSING OF YES 0 NO Q 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 2000 8. DESCRIPTION OF PROPERTY — Desktop Ink Jet Printer 9. MAKE HP 11. SERIAL NUMBER USSCO54839 12. METHOD OF DISPOSAL (IF DISPOSING : JUNK, U L S, SOLD, TRADED, ETC.) Transfer to IT for Parts DEPARTMENT HEAD OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING.r� INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ' TFo '�-Lr �'-(4n� ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1. INVOICE DATE (IF NEW PURCHASE) I 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES C) NO Q IF YES, DEPARTMENT NAME 0-7-& 6. DISPOSING OF YES � NO Q 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) I 8. DESCRIPTION OF PROPERTY SEI— A-7-4C4/11IOC O 9. MAKE 10. MODEL NUMBER 11.SERIAL NUMBER I 12.METHOD ISPOSAL ISPOSING OF: JUNK, DEPARTMENT HEAD OR AUTHORIZED PERSON SOLD, TRADED, ETC. DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE -INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION Nancv Palka From: Celia Garcia [Celia. Garcia@gal.fl.gov] Sent: Monday, September 21, 2009 1:04 PM To: Nancy Palka Subject: RE: Howard PU changed to Dell Hi, - Pro erty Record # 407937 From: Nancy Palka [mailto:palkan@stlucieco.org] Sent: Thursday, September 17, 2009 4:28 PM To: Celia Garcia Subject: Howard PU changed to Dell Hi Celia, I�.xiti A -- You referenced WS#82134 (Howard) please provide me with the Property Record number that was associated with WS#82134 (silver and black Tag). Thank you, Clerk Finance Department Joseph E. Smith, St. Lucie County Clerk of Court (772)462-3586 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. ;2& ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 10/24/07 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) �Y-� — &-1�3C'--S(r,Y-, ''— LCl- 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # MOSQUITO CONTROL DISTRICTS 4. LOCATION CODE MOSQCT ✓ 5. PROPERTY RECORD # 20-3826 ✓ ��c�� TRANSFERRING TO OTHER DEPARTMENT? YES O NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES O NO 7. YEAR A PUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 1999 8. DESCRIPTION OF PROPERTY UTILITY VEHICLE 9. MAKE KAWASAKI 10. MODEL NUMBER MULE 11. SERIAL NUMBER 527779 9�' / Ul 0 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) RPLUS .7 DVARTMENT HEAD OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS, B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION i ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 10/12/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Library THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT z �a REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY Ln TODAY'S DATE 11/23/09 X a�* 1. INVOICE DATE (IF NEW PURCHASE) ra 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Court Administration 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES NO County IT IF YES, DEPARTMENT NAME 6. DISPOSING OF YES 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 2000-2002 8. DESCRIPTION OF PROPERTY Howard Computers 9. MAKE Howard Computers 10. MODEL NUMBER 11. SERIAL NUMBER Qc6' A-MACk4� • e 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) i�?z (Q22 DEPARTMENT HEAD•.. •. DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 10/29/09 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # SLC BOCC - Parks & Recreation Department - Fairwinds 4. LOCATION CODE 5. PROPERTY RECORD # Jerome Adams has the printer- he will be able to provide the #. Sc'Q E)D I TRANSFERRING TO OTHER DEPARTMENT? YES NO Q IT - for parts IF YES, DEPARTMENT NAME 6. DISPOSING OF YES 0 NO O 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY Printer 9. MAKE HPV _ L,ctisss-e'`�- 10. MODEL NUMBER 460ODN 11. SERIAL NUMBER : p Uk3 11- 39 12. METHOD OF DISP SAL (IF DISPOSING O Transfer 9gt T t used for parts. F: JUNK, SURPLUS, SOLD, TRADED, ETC.) DEPARTMENT HEAD OR AUTHORIZED PERSON 10/29/09 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. 1 e-1 INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ITEM NO. VI-E AGENDA REQUEST DATE: 12/15/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: , Kristin Tetsworth� SUBMITTED BY: Growth Management Department Planning Manager SUBJECT: North County Regional Water and Wastewater Treatment Plants Rezoning BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to advertise for a public hearing before the Planning and Zoning Commission for January 21, 2010; and two public hearings before the Board of County Commissioners on February 16, 2010 and March 2, 2010, as outlined in the agenda memorandum. COMMISSION ACTION: (y4 APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) , County Surveyor Daniel S. McIntyre County Engineer ( ) MVP ERD Michael Powley Originating Dept. ( ) Ma < Satterlee Ron Harris ( ) en Smith Growth Management Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management Direct FROM: Kristin Tetsworth, Planning ManageKnerA Larry Szynkowski, AICP, Senior Pla DATE: December 15, 2009 SUBJECT: North County Regional Water and Wastewater Treatment Plants Rezoning ITEM NO. VI-E Background: The Growth Management Department has received an application for an amendment to the Official Zoning Atlas from the Utilities Department for property owned by the County near the St. Lucie County Airport. On December 3, 2009, the Development Review Committee certified the application to move forward to the next step in the development review process. The Planning and Zoning Commission will hear the item on January 21, 2010. In addition, Land Development Code Section 11.00.03 (B) (2) requires any County -initiated amendment to the Official Zoning Atlas affecting ten continuous acres or more have two advertised public hearings by the Board of County Commissioners. The proposed rezoning from the AR — 1 (Agricultural, Residential — 1 du/acre) Zoning District to the U (Utilities) Zoning District for 38 acres of land on the east side of Taylor Dairy Road is necessary to accommodate the proposed North County Regional Water and Wastewater Treatment Plants. Recommendation Board authorization to advertise for a public hearing before the Planning and Zoning Commission for January 21, 2010; and two public hearings before the Board of County Commissioners on February 16, 2010 and March 2, 2010, as outlined in this agenda memorandum. TO: SUBMITTED BY. SUBJECT. BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division Weatherbee Road Sidewalk Design See attached memorandum. ITEM NO. VI-F I DATE: 12/15/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Michael Powley, P.E.��� County Engineer 101113-4115-563000-4165 Florida Department of Transportation Local Agency Program Funding PREVIOUS ACTION: See attached memorandum. REOMMENDATION: Board approval to advertise for Requests for Qualifications (RFQs) for Weatherbee Road sidewalk design. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED G�� ( ) OTHER Faye W. Outlaw, MPA Approved 5.0 County Administrator Coordination/Simatures County Attorney (x) OMB Director (x ) Budget Analyst —,? A c- Daniel McIntyre Marie Gouin Originating Dept. (x) W nald West Weatherbee Road Sidewalk rfq.ag County Engineer ( x) MVp 6 A/n Michael Powley lCOUNTY Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Enginee. 4 jj r DATE: December 15, 2009 SUBJECT: Weatherbee Road Sidewalk Design ITEM NO. VI-F Background: In April 2007, the St. Lucie County Board of County Commissioners approved submission of its first grant application to the Florida Department of Transportation's Safe Routes to School Program. Weatherbee Elementary, located on Weatherbee Road between U.S. Highway 1 and Midway Road, has been determined by the St. Lucie County School District to be its highest priority for a sidewalk (Attachment A). The school is in close proximity to a number of residential areas, including the 1,800-home Indian River Estates Subdivision. The grant was awarded in August 2007, allocating $153,000 in design funding for 2009/2010 and $1.1 million towards construction funding in 2010/2011. Total project cost is estimated at $2,100,000. The Local Agency Program (LAP) involves federal funds and requires selection of the design consultant by an advertised RFQ process. Our continuing services contracts for engineering design cannot be used for this project. Previous Action: April 3, 2007 - Grant application to FDOT — Safe Routes to School Program. May 13, 2008 - Change of the funding schedule from FY 09/10 to FY 10/11 for optimal use of grant funding. March 3, 2009 - Local Agency Program (LAP) Agreement #423197-1-38-01 in the amount of $153,000 for the design and Commission Resolution #09-055. Recommendation: Board approval to advertise for Requests for Qualifications (RFQs) for Weatherbee Road sidewalk design. ATTACHMENT A Safe Route to School for Weatherbee Elementary FDOT Financial Poject ID # 423197-1-38-01 N 0 0.45 0.9 1.8 Miles `Y E cusp April 10, 2007 S °wTw AVE " 0 CT�E"^� w""" °><�u °' GARD AVE '� � f4i+,,,,zv� c$ � OSGEO AVE� j Weatherbee Elementary rcT a±gwvq'wE - ' M'*aiEa W WINDSORAVE U HIALEAH AVE iw. f �° �'i # L.. - NtaNa[ M Awa F s�. w cwaoq GARDENIAAVE M o duac Y 7 ?y,i y S: J ^ z qo„ smME AVE S MAPLEAVE ROSE NAVE O FF wqo ° Maravilt PirIt,AVE MAPLEAVE 1 C � w OSELVNAVE ^ O WISTERIAAVE '` ` , Two Mile Area G ` °°RrEzaw Q1 w ®awa 6 § 1 r rs/utE WwE EL RANCHO DR AZALEAAVE SAVANNAH p� IIIIII■■■■■ Proposed Sidewalks �14 e Y ^ ^ ""W PALM I AVE xay ~ 9'Ase IXORIAAVE 6 i SCh001 M AtNAVE MSE AVE " OMwMEW Btw " HOLLY 1 y� M�AnmGW pvE AVE HOLLYAVE waootw oR t %. � k Parks •� TOgTMWanvE EMLL DR caEElAvooO OR nq Aw wow °a HOWIE OR °IS 3W vmrva /� Signal � w! � auAw IX...sa N. �� Safe Route Sidewalk Project for Weatherbee Elementary School G n AC S RD � w o has a total sidewalk length of T" s°` I� a woo Er.K"°" 10,558 feet or 2 miles. KEYSTONE TER RIO VISTA OR S DIGIOR RD ; UM N Y'^usGIO Nox wwreWo SHARON TER 3awA SOUTHLAND DR DE RD m yi...v r """ GROSE RD DIXIELAND DR ap REV LS LN SKYLARK DR FRA MAR PL RUSSELL LN rn � °q b d WAGNER PL g 1!y N swaaExo DICKSON DR °x FARMERS MAAKETRD B LAVE U ARRELAVE Faith Baptist School SMARKETAVE 9 a. T J ME BL DU (�o Ay FRENCH CREEK W a .. �,. PO m Savannas Recreation Area Q.. PLATTS LN AUMiW p CA O Y �wE P S•0 3 z �+rO DING CREEK LN y�k`k`L� Y f ; y, r TUMBUN KLING RD > m P EGRETAVE w TRACE DR N wLU HERON AVE h & ¢ g JEFFREY LN IBIS AVE Y1-0 H a f ,,� GATOR TRACE �...""«" 91 a r W � I _: E MIDWAY BAVSINGER AVE Mite City Park a > W MIDWAY RD s W tsT 3T `Whits City.School U, o: y al a Co1Bns Park 57 In River u k ReOfYtlon Arla a HN3T T Estates Pirk` $x j INDIANA E G RADL Savannas State Reserve q-W Q �M FLEETWOOD LN OS it. City Elementary y HOSBI ASHLE JEST H ST SEINE TNO ¢ ` I_ TLE _ OWNGSWOOD LN FLOOD J (MELTON m LL o: MOCK LFI DRIFTWOOD LN ANRA ST DR O C, w .EK LN a BUCKEYE BRACK RD SMALLWO AVE g K AVE CO CAMPBELLRD o a u� PHER RIDGE R GOPHI R HILL RD OPHER AVE aro Aavwm, H VWRD COUNTRY GARDENS W w w KEARN YRD MwsgovE uvrt I,ttS =EEU—aw°itL > y A G o k , yT A "oY xFMxsxry TE w pp5r MALLA NaO.O aT Y90n OMR y 0: p Sun,Grev MorrOessori School,gAw uvrt - SAVANNAH ST D _ DR 4 d wonav+ y a+xnru,w d NN.EfUlexw LI `' 1 %r ITEM NO. VI — F2 DATE: 12/15/2009 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT M TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West- SUB MITTED BY: Public Works - Administration Public Works Dir ctor SUBJECT: Walton Road Widening — Village Green Drive to Lennard Road BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101112-4115-563000-41011 - Infrastructure PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Local Agency Program (LAP) Agreement (410256-1-58-01& 410256-1-58-02) Supplemental 1 with Florida Department of Transportation (FDOT) to increase the original agreement with additional funding in the amount of $153,640 for widening and landscape enhancement to Walton Road, Village Green Drive to Lennard Road, approval of Resolution No. 09-354, acceptance of Budget Resolution No. 09-359, and authorization for the Chairman to sign. COMMISSION ACTION: (yv APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordi nation/Sic natures County Attorney ( ) OMB Director V2 Dan McIntyre Marie Gouin Originating Dept. ( ) ERD ( ) Do aid B. West Page 1 of 2 Public Works Department MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director W - DATE: December 15, 2009 SUBJECT: Walton Road Widening — Village Green Drive to Lennard Road ITEM NO. VI — F2 Background: The Walton Road widening project is being constructed in cooperation with the City of Port St. Lucie and consists of the widening of Walton Road from two lanes to four from Village Green Drive to Lennard Road. The project includes signalization, pedestrian and bike features, landscaping and lighting. The Florida Department of Transportation (FDOT) is requesting this Supplemental Agreement to move enhancement funding in the amount of $40,000 from the Okeechobee Road Pedestrian Bridge Landscape Project (FM#410256-1-58-02) to the Walton Road Widening Project. The move of these funds was presented by staff to the Transportation Planning Organization (TPO). The TPO approved the move of these funds and requested FDOT to proceed. In. addition, this Supplemental Agreement will add $113,640 of enhancement funds that were inadvertently omitted from the original agreement. In total, the County will have $153,640 in additional funding to expend on landscape enhancement for the Walton Road widening project. Previous Action: February 17, 2009 - Board approval of Interlocal Agreement with City of Port St. Lucie related to Walton Road Improvements. April 21, 2009 - Board approval of Local Agency Program (LAP) Agreement with FDOT in the amount of $3,574,360 for widening and enhancement of Walton Road — Village Green Drive to Lennard Road. Recommendation: Board approval of Local Agency Program (LAP) Agreement (410256-1-58-01& 410256-1-58-02) Supplemental 1 with Florida Department of Transportation (FDOT) to increase the original agreement with additional funding in the amount of $153,640 for widening and landscape enhancement to Walton Road, Village Green Drive to Lennard Road, approval of Resolution No. 09-354, acceptance of Budget Resolution No. 09-359, and authorization for the Chairman to sign. Page 2 of 2 RESOLUTION NO. 09-354 A RESOLUTION ACCEPTING THE FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT (# 410256-1-58-01 & #410256-1-58-02) FOR WALTON ROAD WIDENING & ENHANCEMENT FROM VILLAGE GREEN TO LENNARD ROAD AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for Walton Road Widening and Enhancement from Village Green Drive to Lennard Road (#410256- 1-58-01 & #410256-1-58-02). 2. The Board should authorize and approve execution of Local Agency Program Supplemental Agreement with the Florida Department of Transportation for the above - referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves Local Agency Program Supplemental Agreement with the Florida Department of Transportation (#410256-1-58-01 & #410256-1-58- 02) for Walton Road Widening and Enhancement from Village Green Drive to Lennard Road. 2. The Board hereby authorizes the Chairman to execute the above -referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on Resolution 09-354 was as follows: Chairman Charles Grande Vice -Chair Doug Coward Commissioner Chris Craft Commissioner Chris Dzadovsky Commissioner Paula Lewis PASSED AND DULY ADOPTED this day of ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY RESOLUTION NO. 09-359 Q 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 in the form of a Local Agency Program Supplement Agreement with the Florida Department of Transportation, funded by the Federal Highway Administration for Walton Road Widening from Village Green Drive to Lennard Road in the amount of $153,640. 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 15th day of December, 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 101112-4115-331130-41011 Federal Highway Administration $153,640 APPROPRIATIONS 101112-4115-563000-41011 Infrastructure $153,640 After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 15T" DAY OF DECEMBER 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY 52"'10.32 PRODUCTION SUPPORT 02MS SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM 1 SUPPLEMENTAL DUNS NO. AGREEMENT FPN 410256.1-58-01 8 410256-1-58-02 CONTRACT NO. desires to supplement the The Th Florida De rtment of Trans nation and St. u i n as identified above. All provisions in the original original Agreement entered into and executed on April 30 2009 Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name Walton Road Widenin Length 0.75 Miles Termini Village Green Drive to Lennard Road Description of Work: Widening the existing facility from two lanes to four lanes. Reason for Supplement: Origin l Agreement. The new FM dd ddit onal $40,000 Orin SE funds to the Origi ala t to an Agreement. The $ 40,000.00 was transferred from #will a from FM # 4180421 SR 70 an a Okeechobee Road. This Supplemental Agreement also adds $113,640.00 of SE funds to FM # 410256-1-58-01 that were inadvertently omitted from the Original Agreement. The breakdown of the Funds is as followed: DDRF — $294,360.00 (9.035%) SE - $470,000.00 (100% SU - $2,669,280.00 (81.93%) LFF — 294,360.00(9.035) County's Responsibility 52"10.92 PRODUCTION SUPPORT 02109 SUPPLEMENTAL NO. 1 DUNS N0. 80-939-7102 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PaRe 2 of 3 LOCAL AGENCY PROGRAM FPN SUPPLEMENTAL 410256-1-58-01 & 410256-1-58-02 AGREEMENT CONTRACT NO. APH40 FUNDING TYPE OF WORK By Fiscal Year Planning 2007-2008 2008-2009 2009-2010 2010-2011 Total Planning Cost (1) PREVIOUS TOTAL PROJECT FUNDS ADTIONAL PROJECT FUNDS CURRENT TOTALTOTFUNDSNCY PROJECT FUNS TOTAL STATE & FEDERAL FUNDS $0.00 $0.00 $0.00 $0.00 $0.00 Project Development & Environment (PD&E) 2007-2008 2008-2009 2009-2010 2010-2011 Total PD&E Cost Design 2007-2008 2008-2009 2009-2010 2010-2011 Total Design Cost Right -of -Way 2007-2008 2008-2009 2009-2010 2010-2011 Total Right -of -Way Cost Construction 2008-2009 DDRF 2008-2010 SE 2008-2009 SU 2010-2011 LFF Total Construction Cost Construction Engineering and Inspection (CEI) 2007-2008 2008-2009 2009-2010 2010-2011 Total CEI Cost Total Construction & CEI Costs TOTAL COST OF THE PROJECT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $294,360 00 $0.00 $0.00 5294,360,00 $0.00 5294.36360.00 S470.0.00 52.669.280.00 $3,433.640.00 5316.360.00 S153.640.00 S470.000.00 $2,669,280 00 294.360.00 $2,669,280.00 S294.360.00 $294,360.00 $3,574.360.00 $153,640.00 $3 728,000.00 $294,360.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,574 360.00 $3,574,360.00 $153,640.00 $153,640.00 $3,728,000.00 $3,728,000.00 $294,360.00 $3,433.640.00 $294,360.00 $3,433,640.00 RESOLUTION NO.09-353 A RESOLUTION ACCEPTING THE FLORIDA PORTS COUNCIL AND FLORDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT (# 425900-1-94-01) FOR TAYLOR CREEK IMPROVEMENTS AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER BY APPROVING IT AS TOF FORM AND CORRECTNESS TE THE AGREEMENT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Ports Council and Florida Department of Transportation have awarded the County funding for Taylor Creek Improvements (#425900-1-94-01). 2. The Board should authorize and approve execution of the Joint Participation Agreement with the Florida Ports Council and Florida Department of Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Joint Participation Agreement with the Florida Ports Council and Florida Department of Transportation (#425900-1-94-01) to provide funding for Taylor Creek Improvements. 2. The Board hereby authorizes the Chairman to execute the above -referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on Resolution 09-353 was as follows: Chairman Charles Grande Vice -Chair Doug Coward Commissioner Chris Craft Commissioner Chris Dzadovsky Commissioner Paula Lewis PASSED AND DULY ADOPTED this day of ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Financial Project No.: Fund: PORT (Object Code: 750005 FLAIR Category: 088794 42590019401 Function: 683 I em-segmen -p ase-sequence Federal No.: Contract No.: CFDA Number: DUNS No.: 80-939-7102 725-030-06 PUBLIC TRANSPORTATION 06/og Page 1 of 14 Org. Code: 55042010429 Vendor No.: VF596000835079 CSFA Number: 55005 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County BOCC - Port of Fort Pierce 2300 Virginia Avenue, Fort Pierce, FL. 34982 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 12/31/2013 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Chapter 311 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Port of Fort Pierce - Taylor Creek Improvements Constructionof a permanent dredge material site for future Taylor Creek dredging projects. and as further described in Exhibit(s) A, B, C & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 525-olo•32 PRODUCTION SUPPORT 02MO Page 3 of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 410256-1-58-01 & 410256-1-58-02 SUPPLEMENTAL DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 APH40 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY St. Lucie County By: Name: Title: Attest: Name: Title: Date: As to form: Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Gerry O'Reilly P.E. Title: Director of Transportation Development Attest: Name: Title: Date: As to form: District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. rA Public Works Department MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director �• DATE: December 15, 2009 SUBJECT: Taylor Creek Improvements, Permanent Spoil Site Construction ITEM NO. VI — F3 Background: In March of 2009, the Board approved the purchase of the Ridgehaven Property from the St. Lucie County Airport by the Port of Fort Pierce for the purpose of constructing a permanent spoil site for future Taylor Creek Dredging. The Joint Participation Agreement (JPA) from Florida Department of Transportation (FDOT) will provide funding for the construction of a permanent spoil site on the Ridgehaven property. FDOT's contribution in the amount of $760,000 is 50% of an estimated project cost of $1,520,000. County match of 50% is required. Previous Action: March 10, 2009 — Board acceptance of Budget Resolution No. 09-076 in the amount of $1,050,000 from Florida Department of Transportation (FDOT) and Florida Seaport and Transportation Economics Development (FSTED) for Taylor Creek Restoration — Phase 2 Dredging. Recommendation: Board approval of Joint Participation Agreement 425900-1-94-01 with Florida Department of Transportation (FDOT) and the Florida Ports Council (FSTED) in the amount of $760,000 for construction of a permanent spoil site at Ridgehaven site, approval of Resolution No. 09-353 and authorization for the Chairman to sign. Page 2 of 2 AGENDA REQUEST ITEM NO. DATE: REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT VI — F3 12/15/2009 (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West W SUBMITTED BY: Public Works - Administration Public Works Dir for SUBJECT: Taylor Creek Improvements, Permanent Spoil Site Construction BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140369-4315-334411-094650 — Spoil Site Construction PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Joint Participation Agreement No. 425900-1-94-01 with Florida Department of Transportation (FDOT) and the Florida Seaport Transportation and Economic Development (FSTED) in the amount of $760,000 for construction of a permanent spoil site at the Ridgehaven site, approval of Resolution No. 09-353 and authorization for the Chairman to sign. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director Dan McIntyre Originating Dept. ( ) � Don Id B. West Page 1 of 2 ERD Marie Gouin 72543" PUBLIC TRANSPORTATION 0601 Page 2 of to 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: in the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or cant' out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 1,520,000.00 This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 760,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the adopted work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding 0 is 0 is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage 0 is 0 is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: n5-o3D-M PUBLIC TRANSPORTATION OW9 Pop 3of14 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedurestprocesses deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. 72&030.06 PUBLIC TRANSPORTATION 06/09 Page 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. in the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. 72"30-06 PUBLIC TRANSPORTATION 06/09 Page 5d14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass -through entities in accordance with Sections .320 (a) and (0, OMB Circular A-133. 2. in the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: In addition, pursuant to Section .320 (0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: 725.030-06 PUBLIC TRANSPORTATION 06/09 Page 5 of 14 3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Participant's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 726-030-06 PUBLIC TRANSPORTATION ONO Pepe 7 Of 10 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd. Fort Lauderdale , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project If: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B 725-030-06 PUBLIC TRANSPORTATION ON9 Pape 8 of 14 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 725.OW-06 PUBLIC TRANSPORTATION 06M Page g of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department In the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project Involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13AO Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 726.030-06 PUBLIC TRANSPORTATION 06109 Page 10 of 14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14A 0 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this. Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 72"30-w PUBLIC TRANSPORTATION MOD Page 11 o114 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will Immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 725-030-06 PUBLIC TRANSPORTATION 05109 Pape 12 of 14 17.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 12131/2013 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 725-030.05 PUBLIC TRANSPORTATIoN 06M Page 13 of 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, Inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Department of Financial Services Hotline, 877-693-5236. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 725-030-05 PUBLIC TRANSPORTATION 06M Page 14 of 14 Financial Project No. Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION TITLE 725-030-06 PUBLIC TRANSPORTATION 06/09 Exhibit D Exhibit FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: • (e.g., What services or purposes the resources must be used for) • (e.g., Eligibility requirements for recipients of the resources) • (Etc...) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements 1. 0 3. !~iL`i4 7*34PI'191*1 State Agency Catalog of State Financial Assistance (Number & Title) Amount Compliance Reggirements 1. 2. 3. Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements 1. 2. 3. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects Included in this exhibit be provided to the recipient. FM NO. 425900-1-94-01 CONTRACT NO. AGREEMENT DATE: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County BOCC — Port of Fort Pierce PROJECT LOCATION: Port of Fort Pierce, FL PROJECT DESCRIPTION: Project consists of construction of a permanent dredge material management site for future Taylor Creek dredging projects. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: Upon receipt of an invoice from the Agency, the Office of Modal Development has (10) ten working days to inspect and approve the goods and services where working days is defined as any day of the week excluding Saturday, Sunday and any legal as designated in Section 110.117, Florida Statutes. SAOMD\4830 Transit\Misc. JPA formsUPA Exbibits.doc FM NO. 425900-1-94-01 CONTRACT NO. AGREEMENT DATED: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County BOCC — Port of Fort Pierce. I. PROJECT COST: II. PARTICIPATION: $1,520,000 Agency Participation In -Kind ( 0 %) $ 0 Cash (St. Lucie County BOCC — Port of Fort Pierce) ( 50%) or $ 760,000 Other (CRA) ( 0 %) $ 0 Maximum Department Participation, Primary (DS) (DDR) (DIM)(PORT)(DPTO) ( 50%) or $ 760,000 Federal Reimbursable (DU)(CM)(DFTA) ( %) or $ Local Reimbursable (DL) ( %) or $ TOTAL PROJECT COST $1,520,000 FM NO. 425900-1-94-01 CONTRACT NO._._ AGREEMENT DATED: EXHIBIT "C" This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St Lucie County BOCC - Port of FortPierce. Reference statute(s) as applicable: Section 311, Florida Statutes DOCUMENTS REQUIRED TO BE SUBMITTED TO THE DEPARTMENT BY THE AGENCY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT: 1. All proposals, plans, specifications, and P party contracts covering the project for Departmental approval. 2. Copies of all correspondence related to this project. 3. Audit Reports as described in Section 7.60 of this JPA. 4. Onarterly Progress Reports provided within thirty (30) days of the end of the quarter. 5. Three (3) original Invoice Summaries and backup information including a progress report must be submitted to the District Office when requesting payment. EXHIBIT D STATE AGENCY: FDOT FM# 425900-1-94-01 CSFA #: 55.005 TITLE: Seaport Grants AMOUNT: $ 1,520,000.00 AUTHORIZATION: Section 311.07 & 311.09, Florida Statutes COMPLIANCE REQUIREMENTS: Restrictions: Grants are not to exceed $7,000,000 per calendar year for any one eligible seaport. A 50 percent match is required. Eligible seaports include Port Canaveral, Port Everglades, Port of Fernandina, Port of Fort Pierce, Port of Jacksonville, Port of Key West, Port Manatee, Port of Miami, Port of Palm Beach, Port of Panama City, Port of Pensacola, Port St. Joe, Port of St. Petersburg, and Port of Tampa. Application Procedures: Eligible ports may obtain form FSTED-1, "Florida Seaport Transportation and Economic Development Project Application" from the Florida Seaport Transportation and Economic Development Council at the address listed in INFORMATION CONTACT. Project applications may also be accessed on-line at http://www.flaports.org/fsted.htm Award Procedures: The Florida Seaport Transportation and Economic Development Council (Council) determines whether a proposed port transportation project is consistent with the approved local government comprehensive plan and port master plan, and whether the project provides an economic benefit and is consistent with the Florida Seaport Mission Plan and the Florida Transportation Plan. The Council reviews and approves or disapproves each project within 120 days of the application deadline. Approved projects are submitted to the Secretaries of Transportation, Community Affairs and the Office of Tourism, Trade and Economic Development (OTTED)for determining consistency with the Florida Transportation Plan and local government comprehensive plans, respectively. Projects to be funded are included in the Department's annual legislative budget request. Deadlines Applications should be submitted from January 1 to February 15, although the Council will accept an application for an emergency project at any time. e ITEM NO. VI - G AGENDA REQUEST DATE: 12/15/2009 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ken J. Mascara SUBMITTED BY: St. Lucie County Sheriff's Office, Administration Sheriff SUBJECT: Permission to accept the FDLE 2010 Edward Byrne Memorial:-Af tice Assistance Grant (JAG) Program — JAG Countywide. BACKGROUND: The Florida Department of Law Enforcement (FDLE)/Office of Criminal Justice Grants has awarded St. Lucie County the 2010 Edward Byrne Memorial Justice Assistance (JAG) Program -Countywide Grant. Upon acceptance, this $214,095 grant has been equally divided between the St. Lucie County Sheriff's Office ($71,365), the Port St. Lucie Police Department ($71,365), and the Fort Pierce Police Department ($71,365). The St. Lucie County Sheriffs Office is requesting permission to accept this award of $71,365 (2010-JAGC-STLU-3-4X-145) to enhance its Law Enforcement Surveillance Technology and Improve Coastal Waterway Security projects. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice programs. FUNDS AVAILABLE: 107164-2110-331210-200 U. S. Department of Justice PREVIOUS ACTION: August 18, 2009 — BOCC approved permission to apply. RECOMMENDATION: Staff recommends that the Board approve Budget Resolution No. 09-362 and authorize the acceptance of the Florida Department of Law Enforcement (FDLE) 2010 Edward Byrne Memorial Justice Assistance (JAG) Grant (2010-JAGC-STLU-3-4X- 145) . COMMISSION ACTION: CONCURRENCE: (7C) APPROVED ( } DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst 4' Dan McIntyre r'or Marie Gouin Sophia Holt Originating Dept. ( ) (Name) ERD ( ) (Name) St. Lucie County Sheriffs Office MEMORANDUM TO: Board of County Commissioners FROM: Ken J. Mascara, Sheriff y St. Lucie County Sheriff's Office, Administration DATE: Tuesday, December 15, 2009 SUBJECT: Permission to accept the FDLE 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — JAG Countywide. ITEM NO. VI - G Background: The Florida Department of Law Enforcement (FDLE)/Office of Criminal Justice Grants has awarded St. Lucie County the 2010 Edward Byrne Memorial Justice Assistance (JAG) Program -Countywide Grant. Upon acceptance, this $214,095 grant has been equally divided between the St. Lucie County Sheriffs Office ($71,365), the Port St. Lucie Police Department ($71,365), and the Fort Pierce Police Department ($71,365). The St. Lucie County Sheriffs Office is requesting permission to accept this award of $71,365 (2010-JAGC-STLU-3-4X-145) to enhance its Law Enforcement Surveillance Technology and Improve Coastal Waterway Security projects. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice programs. Recommendation Staff recommends that the Board approve Budget Resolution No. 09-362 and authorize the acceptance of the Florida Department of Law Enforcement (FDLE) 2010 Edward Byrne Memorial Justice Assistance (JAG) Grant (2010-JAGC-STLU-3-4X-145). RESOLUTION NO. 09-362 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 in the form of Edward Byrne Memorial JAG Grant in the amount of $71,365. 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 15th day of December, 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 107164-2110-331210-200 U. S. Department of Justice $71,365 APPROPRIATIONS 107164-2110-591900-200 Transfer to Sheriff $71,365 After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chair XXX Commissioner Doug Coward, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 15T" DAY OF DECEMBER 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY FILE Florida Department of Law Enforcement Gerald M. Bailey Commissioner tiU'v' 2 0 `..` Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 (850) 617-1250 www. fd l e. state . fl . u s The Honorable Paula Lewis Chairperson St. Lucie County Board of Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982-5632 Re: Contract No. 2010-JAGC-STLU-3-4X-145 Dear Chairperson Lewis: Charlie Crist, Governor Bill McCollum, Attorney General Alex Sink, Chief Financial Officer Charles H. Bronson, Commissioner of Agriculture The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of $ 71,365.00 for the project entitled, ENHANCING LAW ENFORCEMENT SURVEILLANCE TECHNOLOGY AND IMPROVING COASTAL SECURITY. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant. Changes were made to these conditions after your application was received in this office. Therefore, these Standard Conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service • Integrity • Respect • Quality The Honorable Paula Lewis Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Janice Parish at 850/617-1250. Sincerely, �5464n H. Wilder Administrator CH W/J P/jj Enclosures State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: St. Lucie County Board of Commissioners Date of Award: Grant Period: From: 10/01/2009 TO: 09/30/2010 Project Title: ENHANCING LAW ENFORCEMENT SURVEILLANCE TECHNOLOGY AND IMPROVING COASTAL SECURITY Grant Number: 2010-JAGC-STLU-3-4X-145 Federal Funds: $ 71,365.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 71,365.00 State Purpose Area: E : Equipment Supplies - Purchase Equipment/Supplies CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90- 351, as amended, and the Anti -Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D, Office of Justice Programs, Common Rule for State and Local Governments and A- 87, or OMB Circulars A-110 orA-102, as applicable, and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. Aut y orizeOfficial Clayton H. Wilder Administrator H-28-01 Date ( ) This award is subject to special conditions (attached). Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Addendum To Standard Conditions For Subgrant Recipients receiving Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds under Federal Grant No. 2009-DJ-BX-1077, the following additional conditions apply: 1. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. 2. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online (internet-based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. This training will address task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). SFY 2010 Page 1 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Project Information Project Title: ENHANCING LAW ENFORCEMENT SURVEILLANCE TECHNOLOGY AND IMPROVING COASTAL SECURITY Subgrant Recipient: St. Lucie County Board of Commissioners Implementing Agency: St. Lucie County Sheriffs Office Project Start Date: 10/1/2009 End Date: 9/30/2010 Problem Identification Problem Identification The St. Lucie County Sheriffs Office is seeking to enhance the ability and effectiveness of both the SWAT (Special Weapons And Tactics) Unit and the Marine Unit with the purchase of needed law enforcement (non -budgeted) equipment and supplies that will help to better serve the citizens of St. Lucie County. SWAT Unit The SWAT Unit is an elite tactical unit of the St. Lucie County Sheriffs Office that performs high - risk operations that fall outside of the abilities of regular officers. The purpose of SWAT is to provide protection, support, security, firepower, and rescue to police operations in high personal risk situations where specialized tactics are necessary to minimize casualties. Their duties include but are not limited to performing hostage rescues and counter -terrorism operations, serving high risk arrest warrants and search warrants, subduing barricaded suspects, and engaging heavily - armed criminals. In order for the SWAT Unit to effectively perform its duties it must have a supply of specialized firearms including assault rifles, submachine guns, shotguns, carbines, riot control agents, stun grenades and high powered sniper rifles, etc. The SWAT Unit must also have available the most up-to-date and advanced equipment including heavy body armor, armored vehicles, entry tools, night vision optics, motion detectors and surveillance cameras. The St. Lucie County Sheriffs Office SWAT Unit is presently in need of upgrading its surveillance equipment. The present surveillance equipment is antiquated and in some situations limits the effectiveness of the Unit in performing its duties ultimately risking the safety of Unit Officers and the community. Marine Unit The St. Lucie County Sheriffs Office Marine Unit in partnership with other local law enforcement agencies is responsible for protecting, securing and patrolling the 21 miles of coastline and 95 miles of inland waterways and canals of St. Lucie County. The Marine Unit consists of Marine Patrol and the Dive Rescue Team. The Marine Unit enforces marine laws and ordinances and provides high -visibility patrol in county waterways, investigates accidents and criminal activity and offers boating safety education. The Dive Rescue Team is called upon in emergency situations when life and or property is threatened in any county waterway. They are also called to provide underwater recovery efforts for fatalities and vehicles and are responsible for investigating underwater crime scenes. The St. Lucie County Sheriffs Office Marine Unit is in need of upgrading its fleet with Application Ref # 2010-JAGC-1229 Section #2 Page 1 of 3 Contract 2010-JAGC-STLU-3-4X- Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide newer technology to enhance its ability to secure and protect the waterways of St. Lucie County. The Marine Unit presently has three older vessels in need of significant upgrade and replacement. Project Summary Project Summary The St. Lucie County Sheriffs Office will use the Florida Department of Law Enforcement (FDLE) 2009 Edward Byrne Memorial Justice Assistance Program- JAG Countywide Grant to fund the "Enhancing Law Enforcement Surveillance Technology and Improving Coastal Security Program" to improve the service abilities of both its SWAT Unit and Marine Unit. Enhancing Law Enforcement Surveillance Technology The St. Lucie County Sheriffs Office will advance and enhance its SWAT Unit by replacing the present surveillance equipment with the purchase of one new state of the art Wireless Pole Camera Kit, one Under Door Camera Kit, one Handheld Monitor, three Wrist Mounted Monitors, one Vehicle Receiver, and one Video Signal Repeater, as well as, purchase miscellaneous equipment and supplies. The costs of these technological advancements are approximately $21,100. Improving Coastal Security The St. Lucie County Sheriffs Office will enhance the Marine Unit by replacing its three Catamaran Patrol Vessels with three new 2010 model 27 foot Catamaran Patrol Vessels with outboard motor and trailer packages (custom built T-tops, radios, light bars, controls, and electronics)as well as, miscellaneous equipment and supplies. The cost of these replacements and upgrades are approximately $50,265. Application Ref # 2010-JAGC-1229 Section #2 Page 2 of 3 Contract 2010-JAGC-STLU-3-4X- Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) RESOLUTION NO. 09-362 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 in the form of Edward Byrne Memorial JAG Grant in the amount of $71,365. 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 151h day of December, 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 107164-2110-331210-200 U. S. Department of Justice $71,365 APPROPRIATIONS 107164-2110-591900-200 Transfer to Sheriff $71,365 After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chair XXX Commissioner Doug Coward, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 15T" DAY OF DECEMBER 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY 0 ITEM NO. VI-H1 DATE: 12/15/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lewis SUBMITTED BY: Airport Airport Director SUBJECT: Resolution No. 09-361, Taxiway Shoulders, Drainage and Security Improvements BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140348-4220-563000-4805, Infrastructure. No local match required. PREVIOUS ACTION: October 24, 2006 — Board approved Resolution No. 06-327 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement. December 5, 2006 — Board approved Budget Resolution No. 06-331 establishing the fund. RECOMMENDATION: Board approval of Resolution No. 09-361 accepting the FDOT Supplemental Joint Participation Agreement in the amount of $34,634.81 with no local match required for the Taxiway Shoulders, Drainage and Security Improvements project and authorization for the Chairman to sign the document as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Sianatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney ( ) OMB Director ( ) Ik- Dani&Im Budget Analyst McIntyre Marie Gouin Heather Young Patty Marston Originating Dept. ( ) (Name) ERD ( ) (Name) AIRPORT MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Direct DATE: December 15, 2009 SUBJECT: Resolution No. 09-361, Taxiway Shoulders, Drainage and Security Improvements ITEM NO. VI-H1 Background: This agenda request is for the Board to accept the attached Florida Department Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) amending an existing FDOT grant approved by the Board in October 2006. The original grant was used to design and construct the taxiway shoulder repair and drainage improvements at the Airport. The project was completed leaving an unused balance of $43,293.51. This balance consisted of $34,634.81 in FDOT grant funds and $8,658.70 in local match funds. In November 2009, FDOT was advised that the Airport would not be using the balance of the grant for this project. FDOT stated that they would issue a supplement to the grant that would allow the Airport to use the remaining $34,634.81 to fund 100% of a security improvement project. The Airport plans to use the $34,634.81 for fencing, which is an on -going need. The unused local match funds ($8,658.70) will be moved into a reserve account. Recommendation Board approval of Resolution No. 09-361 accepting the FDOT Supplemental Joint Participation Agreement in the amount of $34,634.81 with no local match required for the Taxiway Shoulders, Drainage and Security Improvements project and authorization for the Chairman to sign the document as approved by the County Attorney. RESOLUTION NO. 09-361 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 418411-1-94-01) FOR TAXIWAY SHOULDERS AND DRAINAGE AND SECURITY IMPROVEMENTS AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for Taxiway Shoulders and Drainage and Security Improvements at the St. Lucie County International Airport (Fin. Proj. No. 418411-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 418411-1-94-01) for Taxiway Shoulders and Drainage and Security Improvements at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above - referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. i After motion and second, the vote on Resolution 09-361 was as follows: Chair Charles Grande AYE Vice -Chair Doug Coward AYE Commissioner Paula Lewis AYE Commissioner Chris Craft AYE Commissioner Chris Dzadovsky AYE PASSED AND DULY ADOPTED this 8th day of December 2009. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRPERSON APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY FORM 725-030-07 PUBLIC TRANSP ADMIN OGC —07/02 Page 1 of 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT FM No: 418411-1-94-01 Fund: DS Function: 637 FLAIR Approp: 088719 Job No: Federal No: FLAIR Obj.: 750004 Contract No: AOM54 Catalog of Federal Domestic Assistance Org. Code: 55042010428 Number: Vendor No.: VF596000835030 THIS AGREEMENT, made and entered into this day by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St Lucie County BOCC hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 16th of November 2006 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 227,200 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended to include Airport Security Improvements FORM 725-030-07 PUBLIC TRANSP ADMIN OGC —07/02 Page 2 of 4 2.00 Project Cost: Paragraph 3.00 of said Agreement is iesreased/decreased by $ 8,658.70 bringing the revised total cost of the project to $ 275 341.30 Paragraph 4.00 of said Agreement is increased/decreased by $ 0 bringing the Department's revised share in the project to $ 227,200 3.00 Amended Exhibits: Exhibit(s) 4.00 Contract Time: of said Agreement is (are) amended by Attachment "A". Paragraph 18.00 of said Agreement is amended Jul 31 2010 FORM 725-030-07 PUBLIC TRANSP ADMIN OGC - 08/99 Page 3 of 4 FM No. 418411-1-94-01 Contract No. AOM54 Supp. Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated November 16 2006 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY St Lucie County BOCC M TITLE: ATTEST: TITLE: (SEAL) APPROVED AS TO FORM, LEGALITY FDOT COMPTROLLER FUNDING APPROVAL DATE: ATTORNEY DEPARTMENT OF TRANSPORTATION DIRECTOR OF TRANSPORTATION DEVELOPMENT FORM 725-030-07 PUBLIC TRANSP ADMIN OGC - 08/99 Page 4 of 4 FM No. 418411-1-94-01 Contract No. AOM54 Supp. Agreement Date ATTACHMENT "A" SUPPLEMENTAL AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and St Lucie County BOCC dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): Description amended to include Airport Security Improvements, per Florida Statute 332.007. The FDOT participation on the unspent portion ($34,634.81) of the Taxiway Shoulders & Drainage Project has been converted to 100% funding to facilitate airport security improvements. Construct Taxiway Shoulders & Drainage at St. Lucie County International Airport ll. PARTICIPATION: Approved Amended Approved Net Change Am ended Department# 80.0% 100.0% $227,200 ($34,634.81) $192,565.19 FAA 0.0% 0.0% $0 $0.00 Local 20.0% 0.0% $56,800 ($8,658,70) $48,141.30 Ill. TOTAL PROJECT COST: 100.0% 100.0% $284,000 $43,293.51 $240,706.49 Airport Security Improvements at St. Lucie County International Airport PROJECT COST: Approved $34,634.81 PARTICIPATION: Approved Approved Department**# 100% $34,634.81 FAA 0.0% $0 Local 0.0% $0 TOTAL PROJECT COST: 100.0% $34,634.81 ** Funding limits and activities provided in accordance with Florida Statute 332.007. rw TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Airport ITEM NO. VI-H2 DATE: 12/15/2009 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Diana D. Lewis Airport Director Amendment to Work Authorization 14, Airport West Commerce Park Sanitary Sewer See attached memorandum. FUNDS AVAILABLE: 140-4220-563005-48004 (Infrastructure/Consulting Engineer) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the Third Amendment to Masteller & Moler, Inc. Work Authorization 14 for engineering services on the Airport West Commerce Park Sanitary Sewer for a lump sum of $9,455 and authorization for the Chairman to sign the document as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER County Attorney ( ) Purchasing Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sinnatures OMB Director #11 Budget Analyst Danibi McIntyre Heather Young Melis a mberlund ERD Marie Gouin Patty Marston (Name) AIRPORT MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Direc DATE: December 15, 2009 SUBJECT: Amendment to Work Authorization 14, Airport West Commerce Park Sanitary Sewer ITEM NO. VI-H2 Background: In November 2006, the Board approved Work Authorization 14 for Masteller & Moler, Inc. to provide design, permitting, bidding, and construction services for the sanitary sewer project for the Airport West Commerce Park (AWCP). The project included a 12-inch force main in the Taylor Dairy Road right-of-way from the AWCP pump station to Angle Road, a 6-inch force main extension along St. Lucie Boulevard to connect to an existing 6-inch line and the design of an upgrade to Westwood Pump Station #49 to a re -pump station. In addition, the engineer was to assist with the review of the design by others of the AWCP master pump station. A First Amendment to this Work Authorization was approved by the Board in June 2008. These services included design changes for the force main on Taylor Dairy Road north of St. Lucie Boulevard, a 6-inch line crossing of U.S. 1, and relocating the proposed force main south of St. Lucie Boulevard requiring additional surveys and easements. The Second Amendment to Work Authorization 14 included services to bid a second phase of the AWCP sanitary sewer project. While bidding and construction services were included in the original Work Authorization 14, the project was split into two phases to allow time for some construction to proceed while required easements were obtained. The design for an 8-inch force main on Rock Road north of Orange Avenue also added since the Fort Pierce Utility Authority (FPUA) decided not to require the improvements to the Westwood Pump Station #49. Additional permitting and construction services were also required due to the change in the scope. This request for a Third Amendment is for services to obtain County right-of-way permits that the engineer was required to do instead of the contractor. These services were excluded by the engineer in previous scopes. Additionally, FPUA is requiring the engineer to prepare and seal the as -built plans, which are typically prepared by the contractor. Lastly, the engineer will design piping and valves to by-pass the AWCP Master Pump Station until the flow demands this pump be placed into operation. The Utilities Department will have the pump installed and tested but then will put it into storage to maintain the life of the pump until needed as the AWCP develops. Existing budgeted funds are available for these additional services. A Florida Department of Environmental Protection grant of $788,000 is also funding design and construction costs for this AWCP sanitary sewer project. Previous Action November 28, 2006 - Board approved Work Authorization 14 for $164,500. June 10, 2008 — Board approved First Amendment for $89,930. April 7, 2009 — Board approved Second Amendment for $36,800. Recommendation Board approval of the Third Amendment to Masteller & Moler, Inc. Work Authorization 14 for engineering services on the Airport West Commerce Park Sanitary Sewer for a lump sum of $9,455 and authorization for the Chairman to sign the document as approved by the County Attorney. I CO(1NTY' F L ,O R I D A' THIRD AMENDMENT TO WORK AUTHORIZATION NO. 14 CONTRACT C06-04-170 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of 2009, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and MASTELLER & MOLER, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on April 12, 2005, the County entered into a Consulting Agreement (Contract No. C05-04-170) hereinafter referred to as "Contract" with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, WHERAS, on November 28, 2006 the parties executed Work Authorization no. 14 in the amount of $164,500.00; and, WHEREAS, on June 10, 2008 the parties executed the first amendment to work authorization amending the scope of services, compensation, and time of performance in the amount of $89,930.00; and, WHEREAS, on April 7, 2009 the parties executed the second amendment to work authorization amending the scope of services, compensation and time of performance; and WHEREAS, the parties desire to further amend the work authorization amending scope of services, compensation and time of performance in the amount of $9,455.00. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: Page 1 of 3 t 1. PROJECT: below The County has determined that it would like to complete a project described Engineering Services Related to Providing Route Survey, Base Plans, Engineering, Construction Plans, Permitting, Construction Administration, Periodic Observation for the Construction of a 12" Force Main Along Taylor Dairy Road to Angle Road; Extend 6" Force Main East Along St. Lucie Boulevard to Connect to Existing 6" Force Main; 8" Force Main Along Rock Road to Serve the St. Lucie Airport West Commerce Park; and assistance with design/construction of Airport West Commerce Park Master Lift Station (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C05-04- 170). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "A" which is attached hereto and made a part of this work authorization and incorporated herein. 3. CONSTRUCTION COSTS: The construction costs of the Project for which Consultant will render the Professional Services are estimated by the County not to exceed $1,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA). 4. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall not exceed a total amount of nine thousand four hundred fifty-five and 00/100 ($9,455.00), as further detailed in Exhibit "A". 5. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 6. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. Page 2 of 3 b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within the time of performance, as further described in Exhibit "A". C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization upon the terms and conditions stated above. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA WITNESSES: 1-0 I� Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY MASTS I ER & MOLER, INC. BY: Print Name: Earl H. Masteller, PE, DEE Title: President Page 3 of 3 ADDENDUM #3 Work Authorization #14 C5-04-170 Engineering Services Related to Providing Route Survey, Base Plans, Engineering, Construction Plans, Permitting, Construction Administration, Periodic Observation for the Construction of a 12" Force Main Along Taylor Dairy Road to Angle Road; Extend 6" Force Main East Along St. Lucie Boulevard to Connect to Existing 6" Force Main; 8" Force Main Along Rock Road to Serve the St. Lucie Airport West Commerce Park; and assistance with design/construction of Airport West Commerce Park Master Lift Station I. Scope of Services The purpose of Addendum #3 is to provide additional engineering services because the scope of the project has expanded to include three additional tasks not covered in our authorizations. Task A.- Right -of -Way Permit This Addendum #3 includes St. Lucie County right-of-way permit applications and required exhibits for the project. We will prepare and submit the St. Lucie County right-of-way applications with plans and supporting data to secure the permits. The locations requiring right-of-way permits are: Phase I Taylor Dairy Road from St. Lucie Boulevard North to AWCP site St. Lucie Boulevard from Taylor Dairy Road east to FPUA tie-in Phase II Rock Road from Orange Avenue North to Jail Taylor Dairy Road at AWCP Lift Station site St. Lucie Blvd east of Taylor Dairy Rd at north end of 15'Utility Easement Angle Road east of Taylor Dairy Rd at south end of 15' Utility easement Task B — Engineer's As-Builts The normal procedure for as -built plan covered in our authorization is for the contractor's surveyor to provide signed and sealed as-builts for the project. However, this is not acceptable to the Fort Pierce Utility Authority. Fort Pierce Utility Authority requires the contractor's as-builts be prepared and submitted by the Engineer of record. This requires our office to transfer the as -built data from the contractor's surveyors plans to our construction plans. This results in a substantial amount of revisions and drafting time in addition to addressing FPUA review/comments, meetings, and preparation of signed and sealed sets of plans. Task C — Design for By -Passing Master Pump Station Addendum #3 includes the design and amending the plans to provide for piping and valves to by-pass the Master Pump Station until flow demand dictates that the Master Pump Station be placed into operation. II. Time of Performance We estimate completion of the Task A — Task C as described above within four (4) weeks after our receipt of the Notice to Proceed. IV. Method of Compensation The Engineer, Masteller & Moler, Inc. shall be compensated as follows: 1. Scope of Services: Paragraph A total lump sum Fee of $ 3,015.00 2. Scope of Services: Paragraph B total lump sum Fee of $ 3,910.00 3. Scope of Services: Paragraph C total lump sum Fee of $ 2,530.00 Exhibit "A" File #0569LK (0569_ExhibitA Adden#3_09-1110.doc) AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works/Engineering Division SUBJECT: Rosarita Avenue in Paradise Park BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A ITEM NO. VII-A DATE: 12/15/09 REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) PRESENTED BY: h Michael Powley, P-E, I� County Engineer PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Ordinance No. 09-030 designating Rosarita Avenue between 25th Street and N. 171h Street (eastbound only) as a one-way roadway. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER -�--�� Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Si-gnatures County Attorney (x) Road/Bridge (x) VAV qP, Daniel McIntyre 14Do ald Pauley Originating Dept. ( x) W • County Engineer (x) M I`/ 1'e G 7Dnald West Michael Powley Rosarita Avenue Meg J Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM. Michael Powley, County Engineer DATE: December 15, 2009 SUBJECT: Rosarita Avenue in Paradise Park ITEM NO. VII-A Background: Currently, Rosarita Avenue is an unimproved roadway extending east from 25th Street to the Fort Pierce Farms Water Control District (FPFWCD) Canal No. 1. The right-of-way for this corridor is 25 feet wide and is aligned parallel to the north side of the South Florida Water Management District (SFWMD) C-25 Canal in the Paradise Park subdivision. Physical constraints, including the limited width of the right-of-way, transmission poles for Florida Power and Light, their distribution poles on the opposite side of the road, and the C-25 canal bank prohibit the construction of a two-lane road. In addition, limited sight distance at the intersection of Rosarita Avenue and 25th Street, just north of the C-25 Canal bridge crossing, greatly restricts safe turning movements for westbound traffic entering onto 25th Street. These two portions of Rosarita Avenue are depicted on Graphic Nos. 1 and 2 in Attachment A. One-way and two-way traffic are superimposed to depict the limited space available. Construction is presently underway to improve the stormwater drainage system in Paradise Park. This includes roadside swales along the north side of Rosarita Avenue that will result in additional constraints on the right-of-way, precluding two-way traffic. It is our intention that Rosarita Avenue between 25th Street and N. 17th Street be denoted as a one-way (eastbound only) roadway and be signed and enforced as such. From N. 17th Street to its eastern terminus at FPFWCD Canal No. 1, Rosarita Avenue will remain a two-way roadway. Please refer to Attachment B for a depiction of the proposed signage and limits of the restriction. Ordinance 09-030 is presented as Attachment C. The stormwater ponds located along the north side of the right-of-way east of N. 17th Street provide sufficient distance to maintain the existing two-way travel configuration. A meeting was held on November 5th in Conference Room 3 with the residents directly impacted by this modification. Sixteen people attended. No real objections were received although a few commented that a slightly longer drive for them would result. Engineering Memorandum December 15, 2009 Item No. VII-A Page 2 Previous Action: April 2, 2005 - Board approved Paradise Park Phase I Drainage Improvements. September 20, 2005 — Board approved Work Authorization No. 1 with PBS&J, in the amount of $208,411.45, for Paradise Park subdivision Stormwater Improvements Phase II. December 4, 2007 — Board approved First Amendment to Work Authorization No. 1 with PBS&J, for a time extension through August 31, 2009. December 9, 2008 - Ranger Construction awarded a contract to install the pond outfall connection to the C-25 Canal in the amount of $37,059. January 20, 2009 - Change Order No. 1 to the contract with Ranger Construction in the amount of $7,647 for a total cost of $44,706 to construct the anchoring foundation for headwall structure S- 38 at the SFWMD C-25 Canal. November 24, 2009 - Board granted staff permission to hold a public hearing designating a portion of Rosarita Avenue as a one-way roadway Recommendation: Board approval of Ordinance No. 09-030 designating Rosarita Avenue between 25th Street and N. 17th Street (eastbound only) as a one-way roadway. C:\Drawings\Rosarita-O.dwg, 10/20/2009 2:36:26 PM, 1 SLCPWD-ED--D.S.Ard c� D 2 z 0 r O x Z 0 m n STRIBUTION POLE a TRANSMISSION POLE A m z -4 ►, 0 0 AL DISTRIBUTION POL 0 N 0 17 0 m -4 > z > -< 0 a (0.4 m m ch > (A 0 In =16 z 1 m 0 z m .� a 9rW% A ILIC-MMM��M�&R -�. - 12 oz czm 5 �.. In. C C ' SSa^ �➢a ®� - �o ®1 OI _?''. O (+wl C � •: C � r 2 z 2 _ 1 ' A I - _ 1 m CG�Z m ZCL7 bi N A Y Y - ',may F _ NORTH 16(TT, S' -' Y if / v G Y u Y pt' / ' �f Y h4R ht 1�T11 rREEt C:\Drawings\0552-PARADISE-PK-ROSEARETTA-3of3-raster.dwg, 9/8/2009 10:20:50 AM, 1:320^ SLCPWD-ED-D.S.Ard r 2 0--4 0 o CoCD <r D TA X ny A �z O m ZOrO m y D XZ D; c T n QJnCA CA 0 Nmm0 LAN i m m �T�pz i N O� Z< m a A Z'� 3 co D mm.Ai cn n N Z a r C D m t0 ? O rn m < N ' ATTACHMENT C ORDINANCE NO. 09-030 AN ORDINANCE AMENDING CHAPTER 1-20 "TRAFFIC" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ADDING SECTION 1-20-7 "ONE WAY ROADS"; FURTHER PROVIDING FOR THE DESIGNATION OF ROSARITA AVENUE BETWEEN 2r STREET AND NORTH 17TH STREET AS A ONE WAY STREET (EASTBOUND ONLY); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING PENALTIES; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Rosarita Avenue is an unimproved roadway extending east from 25th Street to the Fort Pierce Farms Water Control district Canal No.1. The right-of-way for this corridor is 25 feet wide and is aligned parallel to the north side of the South Florida Water Management District C-25 Canal in the Paradise Park Subdivision. 2. On Rosarita Avenue, physical constraints, including the limited width of the right-of-way, the location of Florida Power do Light transmission and distribution poles and the C-25 canal bank make it such that a two lane road cannot be constructed. 3. Limited sight distance at the intersection of Rosarita Avenue and 25th Street, just north of the C-25 Canal bridge crossing, greatly restricts safe turning movements for westbound traffic entering onto 25th Street. 4. Construction is presently underway to improve the stormwater drainage system in Paradise Park. This project includes roadside swales along the north side of Rosarita Avenue that will result in additional constraints on the right-of-way precluding two way traffic. 5. Section 316.008(1)(d), Florida Statutes, provides that counties may designate particular highways or roadways for use by traffic moving in one direction. Underlined passages are added. -1- 3#ruck thre"gh passages are deleted. 6. It is in the best interest of the citizens of St. Lucie County, Florida, that Rosarita Avenue between 251h Street and North 171h Street be designated as a one way (eastbound only) roadway. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: PART A. Article I "IN GENERAL" of Chapter 1-20 "Traffic" of the Code of Ordinances of St. Lucie County is amended to add Section 1-20-7 "One Way Roads" as follows: Section 1-20-7 One Way Roads The following roads or portions thereof are designated as one way roads for traffic moving in one direction: a Rosarita Avenue between 251h Street and North 17" Street (eastbound only PART B. PENALTIES Penalties for violation of this section shall be in accordance with State law. PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. Underlined passages are added. -2- Struck +hrenglt passages are deleted. PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART G. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Charles Grande, Chairman XXX Doug Coward Vice Chairman XXX Commissioner Chris Dzadovsky XXX Commissioner Chris Craft XXX Commissioner Paula A. Lewis XXX PART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this XX day of XX, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. -3- 3#ruek +prong passages are deleted. TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Growth Management Department ITEM NO. VIIJI DATE: 12/15/09 REGULAR PUBLIC HEARING (X ) LEG. ( ) QUASI -JD (X ) CONSENT ( ) PRESENTED BY:/ Kristin Tetswortl 6. Planning Manager Petition of Thomas Morse for an amendment to the Official Zoning Atlas. See attached memorandum. N/A See attached memorandum. RECOMMENDATION: Board adoption of Resolution No. 09-211 granting approval for an amendment to the Official Zoning Atlas. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator Motion to approve as amended. Coordination/Signatures County Attorney ( ) prw County Surveyor Dani I S. McIntyre R «-K r If County Engineer ( ) AAVP Michael Powley Originating Dept. ( ) Mark Satterlee () zo,4 Ron Harris ERD ren Smith Growth Management Department ' J 'COUNTY MEMORANDUM TO: Board of County /Commissioners THROUGH: Mark rl d"A k, 6r-ewth Management Director FROM: Kristin Tetsworth, Planning Managevil DATE: December 15, 2009 SUBJECT: Petition of Thomas Morse for an amendment to the Official Zoning ITEM NO. VII-D Backaround On September 24, 2009, the Planning and Zoning Commission unanimously recommended approval of the petition of Thomas Morse for an amendment to the Official Zoning Atlas to change the zoning from the IX (Industrial, Extraction) Zoning District to the AG 2.5 (Agriculture — 1 du/2.5 acres) Zoning District for the project to be known as "8.65 Acre Orange Avenue Rezone." The Planning and Zoning agenda packet, minutes, and staff's Power Point presentation are attached for your consideration. No one from the public spoke and the public hearing was closed. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and it is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Recommendation Board adoption of Resolution No. 09-211 granting approval for an amendment to the Official Zoning Atlas. Attachment Planning and Zoning agenda packet, Minutes of Planning and Zoning Commission Meeting dated September 24, 2009 Power Point Presentation BOARD OF COUNTY COMMISSIONERS Hearing Date: 12/15/09 GM File Number RZ 620093985 Applicant Thomas Morse Tel: 315-730-3628 Property Location 13303 Orange Avenue St. Lucie County. Land Use & Zoning AG 2.5 (Agriculture - 1du/2.5 Ac) IX (Industrial, Extraction) Staff Recommendation Board adoption of Resolu- tion No. 09-211 granting ap- proval for an amendment to the Official Zoning Atlas. Previous Action November 6, 1984 - BOCC adopted Resolution 84-181 Project Staff Kristin Tetsworth Planning Manager AGENDA ITEM NO. VII-D 8.65 Acre Orange Avenue Rezone RZ 620093985 Location 13303 Orange Avenue, West of Brocksmith Road Project Description An amendment to the Official Zoning Atlas to change the zoning from the IX (Industrial Extraction) Zoning District to the AG 2.5 (Agriculture- 1 du/2.5 acres) Zoning District for a parcel located at 13303 Orange Avenue situate in St. Lucie County, Florida. Background November 6, 1984 - BOCC adopted Resolution 84-181 granting approval for a change in zoning from the AG (Agriculture) Zoning District to the IX (Industrial Extraction) Zoning District. Recommended Board Action Board adoption of Resolution No. 09-211 granting approval for an amendment to the Official Zoning Atlas. Further details are available in the Growth Management Department — please contact: Staff Kristin Tetsworth tel. 772-462- 6455 Email tetsworthk@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 The Board of County Commissioners strongly encourages your input and comment at the public hearing. You may also mail or email written comments in advance of the public hearing for inclusion in the official record regarding this proceeding. Anyone with a disability requiring accommodation to attend this meeting may contact the SLC Com- munity Risk Manager at least 48 hours in ad- vance at 772.462.1546 or TDD 772.462.1428 1 RESOLUTION NO. 09-211 2 FILE NO.: RZ 620093985 3 5 A RESOLUTION OF THE BOARD OF COUNTY 6 COMMISSIONERS OF ST. LUCIE COUNTY GRANTING 7 APPROVAL FOR AN AMENDMENT TO THE OFFICIAL ZONING 8 ATLAS TO CHANGE THE ZONING FROM THE IX (INDUSTRIAL 9 EXTRACTION) ZONING DISTRICT TO THE AG 2.5 10 (AGRICULTURE -1 DU/2.5 ACRES) ZONING DISTRICT FOR A 11 PARCEL LOCATED AT 13303 ORANGE AVENUE SITUATE IN 12 ST. LUCIE COUNTY, FLORIDA. 13 14 15 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on 16 the testimony and evidence including, but not limited to the staff report, has made the 17 following determinations: 18 19 1. Thomas Morse petitioned for an amendment to the Official Zoning Atlas to 20 change the zoning from the IX (Industrial, Extraction) Zoning District to the 21 AG 2.5 (Agriculture — 1 du/2.5 acres) Zoning District, located at 13303 22 Orange Avenue situate in St. Lucie County, Florida, for the property 23 described in Paragraph "A" and depicted on the attached map as Exhibit "A." 24 25 2. On November 6, 1984, by Resolution 84-181, the Board of County 26 Commissioners granted an approval for a change in zoning from the AG 27 (Agriculture) Zoning District to the IX (Industrial, Extraction) Zoning District. 28 29 3. On September 24, 2009, the St. Lucie County Planning and Zoning 30 Commission held a public hearing on the petition, after publishing notice at 31 least 10 days prior to the hearing and notifying by mail all owners of property 32 within 500 feet of the subject property, and recommended that the Board of 33 County Commissioners approve the hereafter described request for an 34 amendment to the Official Zoning Atlas to change the zoning from the IX 35 (Industrial, Extraction) Zoning District to the AG 2.5 (Agriculture — 1 du/2.5 36 acres) Zoning District for the property described in Paragraph "A." 3'7 38 4. On December 15, 2009, this Board held a public hearing on the petition, 39 after publishing notice at least 10 days prior to the hearing and notifying by 40 mail all owners of property within 500 feet of the subject property. 41 42 5. The proposed change in zoning is not in conflict with the goals, objectives, December 15, 2009 Resolution No. 09-211 1 File No. RZ 620093985 1 and policies of the St. Lucie County Comprehensive Plan and has satisfied 2 the requirements of Section 11.06.03 of the St. Lucie County Land 3 Development Code. 4 5 6. The proposed change in zoning is consistent with the existing and proposed 6 uses in the surrounding area. 8 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. 9 Lucie County, Florida: 10 11 A. The proposed amendment to the Official Zoning Atlas to change the zoning 12 from the IX (Industrial, Extraction) Zoning District to the AG 2.5 (Agriculture — 13 1 du/2.5 acres) Zoning District for the project known as "8.65 Acre Orange 14 Avenue Rezone," for the property owned by Thomas Morse and described 15 below is hereby approved. 16 17 Legal Description: 18 19 The West Y2 of the West % of the Northeast Y4 of the Southwest % and the 20 East %2 of the East Y2 of the Northwest %a of the Southwest Y4 of Section 8, 21 Township 35 South, Range 39 East, LESS AND EXCEPTING the following: 22 23 From the Northwest corner of the East '/ of the East Y2 of the East '/ of the 24 Northwest Y4 of the Southwest Y4 of Section 8, Township 35 South, Range 39 25 East, run South 46.73 feet to the South right-of-way line for Orange Avenue 26 for the POINT OF BEGINNING; thence continue South 1299.23 feet to the 27 South line of said Northwest Y4 of the Southwest Y4, thence run East 176.98 28 feet; thence run North parallel with the first line run 849.12 feet; thence run 29 West parallel with the North line of said Northwest %4 of the Southwest %4, 30 26.98 feet; thence run North parallel with the first line run 451.58 feet to the 31 South line of the 66.00 foot right-of-way for Orange Avenue; thence run West 32 150.10 feet to the POINT OF BEGINNING. AND LESS the East 210.00 feet 33 of the West Y2 of the West '/2 of the northeast %4 of the Southwest Y4 of 34 Section 8, Township 35 South, Range 39 East, ALSO EXCEPTING 35 therefrom, all rights -of -way for Drainage Canals and Public Roads. 36 37 Location: 13303 Orange Avenue, St. Lucie County, Florida. 38 39 ParcelID#: 2308-312-0003-000/0 40 41 B. The St. Lucie County Growth Management Director is hereby authorized and 42 directed to cause the notation of this resolution to be made on the Official Zoning 43 Atlas of St. Lucie County, Florida, and to make notation of reference to the date of 44 adoption of this Resolution. 45 December 15, 2009 Resolution No. 09-211 File No. RZ 620093985 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 C. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B," was signed by the applicant on July 31, 2009. D. A copy of this Resolution shall be mailed, return receipt requested to the owner- and agent of record as identified on the application. E. This Resolution shall be recorded in the Public Records. After motion and second, the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chair XXX Commissioner Paula A. Lewis XXX Commissioner Chris Dzadovsky XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED This 15th Day of December 2009. ATTEST: Deputy Clerk November 17, 2009 File No. RZ 620093985 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Draft Resolution No. 09-211 3 E I of lift I* ,jl� rn W y 0 N N In zCl) OD 7D5 `� O M �� - a 3 � Q - O U) to O /—' I ' a IN E U O ( a i ry / I oo1\ I U—_ I RNec la9�o o a a �� eiseold hod a� ¢ G s Og to N�'o m m` SunsM^e grata Pon 'C v S Loge S V, l Pnl6 MIN r J e m � � 2 i w n ME] elon-1 7S Wd Pb sulmuaf ouu01'3 alawgs,o lol 1 ; o PM MH s wN P 18 Iwq, m gPb aloulweS ouyoy '/y, any uos1aw3 P uo)suyof m qy Na \ Pb uolsuyof \g5 t5� se�eio peseP Gry4 Oe MO\s A zi y0 PN Ple eIQON 3 e � i o U ' � c j � I mob uwyS a I 2 Pd eurt a uea N m ) c I T Pil 1 eo l peeH a `� 0 Pd uIPIoH Ie6P1 CO a ps auS pa uou,eo I I 1eue3 bZli � u U a S Ivu I I ' a I I � I I g I ' dad I i I I I 1 —_---_—_---_-----—_—_—___--__--_—_—_—_—_—_—_—_—_—_--—_—_—__----.___—�—� l44unoo aegogoaa)jo x zQ a) o N � E 1 � � N O N� pP 5 Q v Ei 'o d C Ux .L a d O N b(3 3NOIOAO - �Vj�a N Q () -C C) *� O a) = (Ib H.IIWS)IOObS'N 02i_HlIWSJ1�02i8 S O O N - ^ U N a) O U O N O LO w Q N Z C) � wo --- ---- --------------- C: C •' Z Q �� ` ` • �♦ N! cc O OU '� du 3SWNnS 1 1 cu Q 1 1 +' Lf) CV C � • oo � a) Q LD E N "L�>isna• c � - • a) o - -- ---- -- E Q U C t6 N O Q N'= Gb.b3Zllind ca O O N = cn c o m O E U U *' CD U O N v�- '-' O N C 4-X O LLJ -�� O c ca O L (A LO �:: cn - 1 1 1 � 1 1 Q rn c O N N 1 LO 1 L W N w --- --- ---------------- • N ° �. � • , 0) O M V I ��O, 00 , T3si�Nns � cu X co E O I O � �.dnn �sna •' z U L LO LO 6 6 Q Q o U O N 0 L 2z .-a (D- s z y'D 3 U U W �` N N C N aQoow� (D ( z . QQUU—X Z -< a LO o J N N � U- < CN a rn � a aa'HlI 2i'HlIWSN" -. 8'S LO w Nuj Q Lq LO m L • LO M ■ =� O �bT3siaNns O cu V � U ' - >✓ E 0) E ' N O . L Q � O � QU cr 71 � , ♦ N LO C) ►C) �� Q Q U AdM 1iSfla •�� • LO a&i 13Zlllfld N a) co C N O i m M U CL LO LO.� '0 Q Q o U) LO I, O t ws - r r ,'I a' Y m - — — -- —_ — _ _ r_ i�1� ( d f EXHIBIT 11 1 St. Lucie County Concurrency Deferral Affidavit I, 7 ► i , residing or doing business ate CO et �t/CiP_ i'1 %P b ' Svr L'Gz Name � � C �Z Strg%r 7 r� ity State Zip Phone have applied fora Z15 121124 from St. Lucie County, Florida, Tvne nf Develodment Order for the following I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Signed: 4."— Date: OA&A'o f A p cant STATE OF FLO r COUNTY OF The foregoing instrument was acknowledged before me this ��/ day of 20_ — by &r°adl�llJ'K who is personally known tome or who has produced E) as identification. esl e �' 7b Signature of, Type or Print Name of Notary OD6 7 5— Commission Number Page I of 1 Revised: April I, 2008 (Seal) LESLIE C. J0HNS0N Notary pubic - State of F trW s' Commusk EX JW 4, 20t0 CortxrB"AM # 00 570175 Bonded BY NaKonat Nohry q- Environmental Resources 'COUNTYDepartment s Companion Report TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director\Ct( FROM: Yvette Alger, Environmental Resources Department Amy Mott, Environmental Regulations Division Manager DATE: November 24, 2009 SUBJECT: Petition of Thomas Morse for an amendment to the Official Zoning Atlas Background The Growth Management Department requested Environmental Resources Department (ERD) input on the applicant's request for re -zoning of the subject property. ERD coordinated with Growth Management during our review. Findings ERD findings have been incorporated into the Growth Management staff report. Recommendations ERD supports approval of the proposed re -zoning. Signature From: Chris Newman Sent: Wednesday, August 05, 2009 2:15 PM To: Deanna Givens Subject: FW: Bankruptcy and Forclosures From: Chris Newman Sent: Wednesday, August 05, 2009 2:07 PM To: Katherine Smith Subject: RE: Bankruptcy and Forclosures No bankruptcy or foreclosure. From: Katherine Smith Sent: Wednesday, August 05, 2009 12:21 PM To: Chris Newman Subject: FW: Bankruptcy and Forclosures please From: Deanna Givens Sent: Wednesday, August 05, 2009 9:44 AM To: Katherine Smith Cc: Aneela Ansar Subject: Bankruptcy and Forclosures Attached is a tax card for 8.65 Acre Orange Avenue Rezone, can you please check for bankruptcy and forclosures. tax ID# 2308-312-0003-000-0 Thank you Deanna Givens Planning Technician Growth Management Givensd astluciecc►.c►r;< 772-462-6426 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error. please notify the sender by reply e-mail and delete all materials from ail computers. Property Appraiser - St.Lucie County, FL a r, p f q,n'ek Page 1 of 1 vp, PROPERTY RECORD CARD Thomas Morse Record: 1 of 2 —Prev Next» Spec.Assmnt Taxes Exemptions Permits Home Print Property Identification Site Address: 13303 ORANGE AV ParcellD: 2308-312-0003-000-0 ��cff Sec/Town/Range: 08 :35S :39E Account #: 13065 Map ID: 23/08S Land Use: SF Res Zoning: IX City/Cnty: St Lucie County Ownership and Mailing Legal Description Owner: Thomas Morse 8 35 39 W 1/2 OF W 1/2 OF NE 1/40F SW 1/4-LESS E 210 FT -AND E Address: 701 SW Munjack Cir 1/20F E 1/2 OF NW 114 OF SW 1/4-LESS: Port St Lucie FL 34986 More... Sales Information Assessment 2009 TRIM Total Land and Building Date Price Code Deed Book/Page 2009 TRIM: 180000 Land Value: 173000 Acres: 8.65 3/23/2009 165000 0001 WD 3071 / 2850 Assessed: 180000 Building Value: 7000 3/4/1994 60000 00 WD 0888 / 1199 Ag.Credit: 0 Finished Area: 460 SgFt 2/1/1972 18500 00 CV 0199 / 2084 Exempt: Taxable: Taxes: 3499.83 BUILDING INFORMATION Exterior Features View: RoofCover: - RoofStruct: ExtType: B42 - B42 YearBlt: 1971 Frame: Grade: 42 -42 EffYrBlt: 1977 PrimeWall: - StoryHght: 0010 - 1 Story No.Units: 1 SecWall: - Interior Features BedRooms: 0 Electric: - PrmintWall: FullBath: 0 HeatType: - AvgHUFI: STD 1/28ath: 0 HeatFuel: - Prm.Flors: - %A/C: 0 %Heated: 0 %Sprinkled: 0 Special Features and Yard Items Land Information Type Y/S Qty. Units Qual. Cond. YrBIt. No. Land Use Type Measure Depth SDSF - SITE DEV S-F Y 1 1 AV AV 2001 1 0100-SF Res 515 -Acres 8.65 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://www.paslc.org/prc.asp?prclid=230831200030000 10/21/2009 AFFIDAVIT COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) LAND DESIGN SOUTH, CHRISTOPHER A. GAUMER, being first duly sworn deposes and states: 1. 1 am the owner or the agent for THOMAS MORSE (insert owner's name) for the following petition: Rz 620093985 (insert petition number). 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St. Lucie County Land Development Code for the 09-24-09 & 10-24-09 (insert date) public hearing to be conducted by the P&z & BOCC (insert entity name) on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by St Lucie County Growth Management on 08-o5-o9(date). The following required documentation is attached: A. Dated Photo (Close up) 0 B. Dated Photo (Distant) , F Further affiant sayeth not. ,, n STATE OF 7 COUNTY OF The foregoing instrume t was acknowlea ed before me this day of 200 , by r Said person (Check one) is personally known to me, produced a driver's license (issued by a state of the United States. within the last five (5) years as identification, or produced other identification, to wit w00•00!AJag0e10N8pu01=1 £SW-86£(LOO ti+o''•, ztoz'ozAmrs3aldxa � o� OOtiLOROG # NOISSIWVVOO AA , 163)II3MHQS .A N32W,1 k?nd�y+.' Commission No.: My Commission expires: DIT 012003 Form 08-48 i��1 �♦ �/�h�f� � f y � �� }f � 1 �� e � � 7 P $r � i •v�� b t � �' / � 1 �' fie''. 3 F � ta` y 5 s ka yin t�� a � a• s � � � t a Lg .r , � � ��`'� iC ♦'�r �a w7 d f6„'"yk•I�,,a } �.` t:ti '��" ;. ro �a ,"i i L a •rr ?s'+.`ti � ,r.r,.?.�ya a t� y 5 '� .' di�,.c.� a,•,' t. °r IT ky i 7 jt 1 AAa,F, f''sM+c � � id f "D r;•�t r'7dl,p, ��-T¢�c to ;� 4 y R_ DalR"!Y"S •!; d!` k }YES .i,', {{ �'yv F f„ tF � r44 if e � .k�.� -i { '' - .y .` � fir? �,,✓� +�.� - � , '� w r s .. � •� Ai me _�. BOARD OF COUNTY COMMISSIONERS Joe Smith 2300 Virginia Avenue Fort Pierce, FL 34982 Public Hearing Date: 12/15/09 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Ft Pierce, Florida 34982 Time: 6:00 PM Applicant Thomas Morse Tel: 315-730-3628 Agent Bradley J. Currie, Land Design South Tel:772-871-7778 Property Location 13303 Orange Avenue, St. Lucie County. Future Land Use AG 2.5 (Agriculture - 1 du/2.5 Ac) Current Zoning IX (Industrial, Extraction) Proposed Zoning AG 2.5 (Agriculture - 1du/2.5 Ac) d _2' r SurW:iro $VV PeMwy �' �' F L35 Carol BeY:her G I) P_P. y o a Av .E 4 N\ VveY Mitlwe PUBLIC HEARING NOTICE 8.65 ACRE ORANGE AVENUE REZONE RZ 620093985 RZ-620093985 zoning Thomas Morse -- AG 5 -- AG-5 ` I I --- -- Z5 e� I i^CN N E CN - ix ;;....._ IX ,00 f AG-5*� j AG2.5 II— 1 p I -;-Aorlu+RuI n ,..e.a N Subject Parcel FG-.-A9no:Renlil Uus eey _ CG-C..... - 500' notification area"o�nibnne' u.�enwmnna -Inaurrol cmeenn .. o.w p � .- Public Hearing Description Petition of Thomas Morse for an amend- ment to the Official Zoning Atlas to change the zoning from IX (Industrial, Extraction) Zoning District to the AG-2.5 (Agricultural 1du/2.5 acres) Zoning District. Previous Action November 6, 1984 - BOCC adopted Reso- lution 84-181 granting approval for a change in zoning from the AG (Agriculture) Zoning District to the IX (Industrial, Extraction) Zon- ing District. Recommended Board Action Board adoption of Resolution No. 09-211 granting approval for an amendment to the Official Zoning Atlas. Further details are available in the Growth Management Depart- ment —please contact: Staff Kristin Tetsworth tel. 772-462— 6455 Email tetsworthk@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 The Board of County Commissioners strongly encourages your input and comment at the public hearing. You may also mail or email written com- ments in advance of the public hear- ing for inclusion in the official record regarding this proceeding. Anyone with a disability requiring accom- modation to attend this meeting may contact the SLC Community Risk Man- ager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 86 - SCRIPPS TREASURE COAST NEWSPAPERS • MONDAY, NOVEMBER 30, 2009 - SL d Z :L3 kW 6. G W rn 3 a z Z cQ - G J in ID 0,^ C L R C a.i fin J le 6 C O N CD E M C (0 a Z Mn c O- O L -p O N U Q cn Do CD 000 N M X off N N m CL E �o..r F— � L L p En N p Q E (n U a C R Ca I REGULAR MEETINGS ANTI of regularly scheduled meetings of clubs and orglexe dies,,Turning along the Treasure Coast. MULTI -DAY American Flag Retirement: Drop on old, warn nags for proper retirement. First Presbyterian Church of Port St. Lucie, 2240 S.E. Wahon Road, Port St Lucie, 9:30 m: exion Monday Friday (772) ....... Bocce Ball Club: Loolinglo start bocce bell Club. Need players and court. Stuart area. (772) 463 3057; shoegal113@bellsouth.net Fraternal Order of Eagles: Keraoke. Fraternal Order of Eagles, 513 Georgia Ave, Fort Pierce. 7-11 p. he Thursday, Friday Saturday and Sunday Most be 21 after 9 on, Free. (772) 461-275(1 JuDLY3582eaglesCil nshonCom. Italian American Civic Association: Lunch served Monday Thursday at the Italian American Civic Association for $4 and up Hot anal only. 1600 25th St, Vero Beach 778-1522 lacaverobeacli.com Stuart Chess Club: Everyone weloonle. Cali for location in Sluarl, 710 p.m., Thursdays and Saturdays. Free. (772) 286 837, Stuart Shuffleboard Club: 500 Georgia Ave., Stuart, 9 a.m. Monday, Wednesday, Friday $6 annually (772) 283 9296. Treasure Coast Art Association: Classes, open Bill to. 223 Avenue A, Fort Pierce. Monday Friday Open studio $4, Cali for times .(772) 465-4076. Treasure Coast Two Wheels: Social riding ciao for owners of scooters and motorcycles. Location varies. Rides usually start at 10 a in , VON NY rides. Free. ww.t Unit com. Vero Beach Bridge Club: Vera Beach Bridge Canter, 1520 fare Ale ., Vero Ell h, I p.m. di also 9a.m. Wednesday. Friday $s-$g. (T72) 562 3008, ver'ObridgeOlub®bell W um.net. Vero Beach Shuffleboard Club: Practice games. POCaho0ta5 Park sluff aboard COur15, Mih Avenue a. "I, Sireel,l 3 p.m. Monday, Tuesday, Friday. (772) 2993351. Vero Beach Veterans: Offering free membership to all active and discharged members of the armed forces. Applications can be picked up at 250015In Ave., Vero Beach. Offer expires Dec. 31. (772) 778-1299- Vera Beach Veterans: Lunches. daily specials-I2500 JERI Ave., Vero Beach, 112 p. m., Monday Friday Lunch ll a.m.-2 p.m., happy hour 4-6 D.nl daily Dinner, 6 8 p.m. Friday and 6 7.30 p. . Saturday; live entertainment until it pm. (772)7781299. MONDAYS 50a ACUAY singles club: Vero Beach Senor Center, 68614th St. 7 0, $I. (772) 5691691 American Legion Auxiliary unit 355: CAN Hall 1350 SW Calfornia Ave Port St, Lucie, 10 an., first Monday (772) 3363185 mnecar90gmal.com American Legion Auxiliary Unit No. 39:1535 Old Dole Rgnw y Vero Beach 7 P m, first Monday, (772) 562 9726 arearicall Legion Post No. 39 1535 Did Dixie H ghw y Vero Beach 7:30 Dm. fourth Monday (772) 562 9726, American Legion Post 3511 Sons the Legion: oleanderer Ave., Fort Pierce,e, 7 7 IT in, first MDntlay. (772) 595-0656 or aalybarb@aol.tem. American Legion Rider's: Past 39, 1535 Old Dixie Highway Verb beach, 7 p.m. third Monday (772) 299 3772, American Military Retirees L Association: Widows spouses invited. disabled American Veterans Hall, 1150 S.W Caldorna Blvd., Part St. Lot., 7 p.m. seLand Monday Art Associates of Martm i County: Stuart Womans Club, 729 E. Ocean Blvtl. 1 Stuart, 7' Don., second Monday. Free. (772) 283 3146 MARTIN COUNTY Woman burned in house fire A woman was trans' ported to St. Mary's Medical Center in West Palm Beach urnsfollowin with severeb B a house fire Friday evening in the 5300 block of South' east Driftwood Avenue. Martin County Fire Res' cue officials declined tc release the woman'I nams on Sunday. Three Martin County Sheriff's deputies we" treated for smoke inha lation after rescuing tht woman from the home, bu ens were not transported In p further medical attention. Fire Rescue BureaE Chief don Belding said th. fire was confined to ont room and quickly brought under control by firelight E The cause of the fire is Still under mosmtigatton. Stair report 5T. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA December 15, 2009 iOTICE OF PROPOSED ZONING DISTRICT CHANCE he St. Luc ie County Board of C ed aty Cam in issioners reposes to consider the adoption of the following by calution: RESOLUTION NO. 09-211 L RESOLUTION OF THE BOARD OF COUNTY ;OMMISSIONERS OF ST. LUCIE COUNTY 'RANTING APPROVAL FOR AN AMENDMENT "O THE OFFICIAL ZONING ATLAS TO CHANGE FHE ZONING FROM THE IX (INDUSTRIAL ,XTRACTION) ZONING DISTRICT TO THE 1G 2.5 (AGRICULTURE - I DU/2.5 ACRES) ZONING DISTRICT FOR A PARCEL LOCATED ST 13303 ORANGE AVENUE SITUATE IN ST. :.UCIE COUNTY, FLORIDA. APPLICANT: Thomas Morse FILE NUMBER: RZ 620093985 LEGAL DESCRIPTION: The Vest 'A of the West '/ of the Northeast'A of the Southwut'/a and the East 'A of the East h Df the Northwest `L of the Southwest % of Section 8, Township 35 South, Range 39 East, LESS AND EXCEPTING the following: From the Northwest comer of the East'/ of the East 'A of the East % of the Northwest'/e of the Southwest '/ of Section S. Township 35 South, Range 39 East, run South 46.73 feet to the South right-of-way line for Orange Avenue for the POINT OF BEGINNING', thence continue South 1299.23 feet to the South line of said Northwest'/. of the Southwest A; thence run East 176.98 feet; thence run North parallel with the first line ran 849.12 feet; thence run West parallel with the North line of said Northwest''/. of the Southwest A, 26.98 feet; thence run North parallel with the first line run 451.58 feet to the South line of the 66.00 foot right-of-way for Orange Avenue; thence on, West 150TO feet to the POINT OF BEGINNING. AND LESS the East 210.00 feet of the West '/ of the West '/ of the northeast '/. of the Southwest '/ of Section 8, Township 35 South, Range 39 East, ALSO EXCEPTING therefrom, all rights -of -way for Drainage Canals and Public Roads, LOCATION: 13303 Orange Avenue, St. Lucie County, Florida. PURPOSE: For an Amendment to the Official Zoning Atlas to change the zoning from the IX (Industrial Extraction) Zoning Dumer to the AG - 2.5 (Agricultural - I du/2.5 aces) Zoning District for the project known as'i8.65 Acre Orange Avenue Rezone" aaaw , i v / The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poinas Annex, 3rd Floor, St Lucie County Administration Building, 2300 Virginia Avenue Fort Pierce, Florida on Tuesday, December 15, 2009 begimmni 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 hearmil will also be considered. Written comments to the Board o County Commissioners should be received by the GroWR Management Department - Planning Division at least 3 day prior to the scheduled hearing. The petition file is available fo rei ew at the Growth Management Department offices locate at 2300 Vnger iaAvenue. 2nd Floor, Fort Pierce, Florida, Bunn, regular business hours. Please call 772/462-2822 or TDI 772/462.1428 if you have any questions or require addinona infonnen.e. The SC Lucie County Board of County Commissioners has th power to review and grant any applications within their area c responsibility. The proceedings of the Board of County Commissioners at electronically recorded. PURSUANT TO Section 286.010'. Florida Statutes, if a person decides to appeal any decian made by the Board of County Comnussioners with respect I any matter Considered At It meeting or hearing, he or she wi need a record of the proceedings. For such purpose, he or at may need to ensure that a verbatim record of the proceedings made, which record includes the testimony and evidence upc which the appeal is to be based. Upon the request of any pan TO the proceeding, individuals testifying during a hearing wi be sworn in. Any parry to the proceeding will be granted 1 opportunity to cross-examine any individual testifying during hearing upon request. If it becomes necessary, a public Timor may be continued from time to time as may be necessary to Anyone with a disability requiring aceommodahm to after this meeting should contact the St. Lucie County Communi Risk Manager at least forty-eight (48) hours prior to it meeting at 772/462-1546 or TD.D. 772/462-14M BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ CHARLES GRANDE, CHAIRMAN PUBLISH DATE: November 30, 2009 4oTICE OF NOTICE OF IDMINISIAIITION AOMIN STRATION REQUEST FOR BM NOTICE OF MEETING NOTICE OF MEETING IN THE CIRCUIT SW PuebloOR 3495'ends,, Klewin Consouc,i.n specif^ COURT PI. It Lucre, FL Inccore men I. Olslrlm Four TenlMive c racoon e fSAINT LUCIE 3. pevieingoil.u.pp.n Work ...... m, i., u e. COUNTY, FLORIDA The rIme and as ed-1 tun and ane— Fiscal Yeats J-lY 1, 1 PROBATE DIVISION of the D.tsonal repie Al fatMANSE SBE 2010 In e.gh Joe. Th. City C.mmis- 1. No x Ival,ney is Tilde Lanham,,. I W, 2D15 z will hold 1w 562WKPMlMgFM .•I loon below. V,Hnel Su i.rs. The Florida Depart Public H rings o An meei,.n of lees" of ire ropona , Proposed De N RE. ESTATE OF atilt— antl in., All Trade C-1.111ri m°nDistrict Four, veloDm ens Agree- NILUAMFTRmBLE p.,sont Y, claims mst be pro-guon- announces a publi<ment Tne first ),seated. or e•m,nds .p•inst w KIe in [undo, I ... inp to wFicH all Public Hearin�w Intones 1 n, In. F e sub tad Dix— be held ° NOTICE TO tlune,mnlinpmt rininD In"'Flee Ml. .r.i"nee m,nand. J.Y. December 7 CREDITORS nligvmnetl <1„m,, Te.a4 eonu..mr. not PUflPOSE. 20o9. Tne ze ,ntl copy of p ly pregu.li. This public nearing is Public H rings will its of rilomml 01 o ol'm rued R. in Con hems w"u." par- be held on M.n- of Willism revot fllectm's • i,nnKb, mus seem 10 See !on day. December H, Feirimble, ,•,mired, w h the Co., eWITHS user" pe-e lilie4 3391J514LO, Florida 2me The meal se e•n of dean IN THE LATER OF , inlorm+tion. Pre- Stalu,es, es ,mentl- ine• begin et 6:30 whw.ir December 14, THREE MONTHS qualified Trade Co. etl. The purpose of p.m in me CITY ,o0B, a Dendlnp in the AFTER THE DATE t swho Mve not 11,z public lisel 11 HU,, City Commis- CimuNLounl.,Ser, of THE FIRST PUB wo 1e,ith K-le Co. 10 present in. D. lion Cham ben, Il Counry, flori0a, LICATION OF THIS sinus n, Inc, in Its partmen,'a Tentative 100 Nottn U.S. A'1 Pr.MI, D'wnian; its NOTICE OR THIRTY D+M 13 Ye•n neetl m five Tear Work Pr. Fon Piero, FIOtNa. .do,.,, of Which ix DAYS AFTER THE pre qudih Al. Ne porn for final Years P.O. Box 700, fall DATE OF SERVICE q , Ificatl.n Jeans 2010111-2014115, A copy °1 1M1a pr o —to, Florida 34954, OF A COPY OF THIS mayAxo,V a, hole wnicn Fer airs a It, Dosed Amendment The Yarn as ,ntl ae- NOTICE ON THEM. Rick Ad,m, Sr. Prol.n ine of ptoiecl'I — I. ,he Devel.pmen, drenet,tits pereon- All ,that K1.1.1oe1 0 M.n•ser a1 561-683 Io be unden,ken Apraemanl can be al ,.pmmml,•,na me a.c.a.m ane oh s1oo, or br .made avr�nq met tile obtained ham m. the Demand, ,ep,e a, persona —In. , d.m@klewin.tom. frame. This pUtllc 1In DeDar1- cbims or ,emends a ,•Tina alto w51I In- mem, City Hall 2nd a°lel1fonh e.K., +gain, the e.aa.elx The Consmcti.n Man clue. emnieeenl.n Floor, 100 North All cr<eiton of Ins a ate, in<lutlinp un •per reserves the right of Prepexi Drojems U.S. Mt, Fon Pi ce de<.d.nt and other m tared. <on,inpemor , any or ,II foe the Florida's Florid,, tl ,ire P. person, woo nave uoliquidatad tlaims, h Inl.rmd- Tumput, Enu,pri,. a ne, or tl....F, man file Ali, clam. ny bld make SYs1em, es eDPlic- hON IEANY PEPS against e.-Iox M- with Unix corn WITH whole o1 P•n • SON SEEKING TO. y IN THREE MONTHS a make •ward 11 sad perene APPEAL THE DECI of eth - AFTER THE OATF d to b•in me E. ee viretl,e ,hang SION OF THE CITY qui,ad too bra served OF THE FIRST PUB term of In. Projxl1 end lbe iaie . P.Euc COMMISSION AS uu life their claims LICATION OF THIS n nicipa,too is soli, TO THE FOREGO- wim mix Court WITH NOTICE. Publish: Novembe) 23, oed without heard ING IS ADVISED IN THE LATER OF 3 ALL CLAIMS NOT 30, December 1,2W9 Io I_ Fee e or,n lino THAT A RECORD MONTHS AFTER FILED WILL BE FOR 20&580 al origin, lope sex, OF PROCEEDINGS THE 11ME OF THE EVER BARRED C.un<il en Aping of Sl religion, disability or IS REOU IRED IN FIRST PUBLICATION The date of the lust - f.mIII status. Per ANY SUCH AP OFTHIS NOTICE OR publin,i.n of mix No- Request la,Le�er if ohs woo require PEAL AND THAT 30 DAYS AFTER THE lice Iz November 3e, Thant special •w.mmode SUCH P E R S 0 N DATE Of SERVICE lace. under Ina MAY AsD To IN OF ACOPY OF iN15 Personal Council on Aping .1 St American, wan Dit. SURE THAT A VER- NOTICE ON THEM. Req.zehanve Luca, Inc is.'evn•, bilities Act or par- BATIM RECORD OF All �in., cr 4.1101 CAROLYN C. BENS of for p,ou m,C3 i° A require PR 0 C E E 01 N GS 15 In, Ee<Men1 no In n .I ransl. o ices MADE INCLUDING orgamnlioo w n .p- h.MveAnTheyto,PenoMl F1 iotncM1areel THE TESTIMONY e, pin , d.m.nat Rapresentativ,: Dr.vimnely 115 am th.uld coolest Art. AND EVIDENCE Y. WRIhm D. Antlerson, s. to TINY, none Adams M 1a661 UPON WHICH THE .p.'rHon. dee— Council on Biel 1 336-aa35 r 4fi21 o APPEAL IS TO BE un III• until, 11 St. Lucie, Ina on,n - ' cl•Im, wHh mi. Coun 28915E Ocean Blvel Emetics a elipibl, ,mall enl.neNe. BASED. WITHIN 3 MONTHS Stuart, FL 3199fi ern Dl.yes including adsms•e.t. elan. AFTER THE DATE 711-za3111, s 10 pa n.us or Julie Lucas el 1L Cassand a sleele OF THE FIRST PUB. Florida Bar No'. 131 S0 pp3B PMn' qt 4111 336-8435 v Ciry Clerk LICATION OF THIS oh is lime we invi a6]i or email Julie. NOTICE. Publish'. Novembe, ne, Qul,lilisd Agents, Ri" luus@do xvile It— Pub Isn N. 30 ALL CLAIMS NOi Dxember ], 1009 q, gdminist,a You mar aH. choose bar "'2009Y FILED WITHIN THE 11186710 rim end Invesim•nt to rumen either IN, 20819a5 IME PERIODS SET ns,on Services la 1Y in Its FODritla M FORTX IN SECTION I yormit LM., °I Int•, D,nmenl I Trans- 733.702 OF THE HI, qu,eicem, ar por,ali. n, District [T,- GLOflIDA PROBATE REQUEST F011 BIO p.ranc., and props- Four, JI00 Wast ill CODE WILL BE FOR. b +I A— .1 nit Invion—m — Commercial Soule, EVER BARRED. A-Hetexin for aidt n clueins ,emio U++Ire , Flai Jp 33309 nIMl NOTWITXSTANDING I'anon Interact THE TIME PERIOD win Consnuction, tams snouts losel 3.21. Request must SET FORTH ABOVE, K I be made M lean le ANY CLAIM FILED Inc.. c.n„rva,on 1EI -11 1 I- I o ,n To, w -is mv. eCtl01]S. TWO (21 TEARS OP Ma to, Florida m o Council nag, tens, Pefli to mwD.blm so MOPE AFTER THE Ail,nl,<Univnih re on AgAlo, St Luce, nearinps. D ECEDENAT'S DATE gou.su Tiede Con,,•, Inc., Attn.: Terri A. ,mare tromtlU. I Axenill supple., La-e., PHe Numm „, little O F O E T H S ges.urce Oi,e clor, elrop.liian "an old p,icinp lo, Na 100 % V P nine Orpa ode ,heir Th< eat, of its first Con Mrucllon Do. 1501 B,YUH_ ane o her t tl nu fo, ,ne Ranove Blvd., Pon S,. Luca, will be re pubil<ation of mit Np Ri° Flo,iea seel by R- Paid in. Depart- a O• " is N.vem be, 23, Ui0° if Ina Link Build em.e ,,.A. in, a Plebe., Bnnen t r 15, 1009. men, a in. puplic FI, P, . FI Br g I. p 646 Pub sn. Novemho 30 F an ne,p tl h 2009 1- Antnony D�Gaorpe, J,. ..,el Into, wit be re —age n P p' 75, S. Federal Hwyraved of n —n Con 5u,e 206 afro Inc. fi55 5tuan FL 1W9e as m Beach Leke. Bma Sune 903 Writ NOTICE Of SATE ANTHOPalm B.,ch for tl, No GEORG , DALE I + is none give ATTORNEY JR., P.A. 3e .m.,e to M de- n+, me ,amen e eaaie 1 TTORNEY AT LAW •vacam• n ante ands e, N,I 159 S. GFDFRAL a.Mntl for sa HIGHWAY bra at Publ<au"ve Decemba lade. SUITE T, for Da Sen st. STUART FL 31994 q e A 1112,10121 A porn. Ee ISutu eslsen on III ea B., N.. conle,an 'I E 63,1.1-meba)Ea .nduFsh at ,he Prej Be on 821)aJ < t BIT. .,be, Store Decem Branco FAIR, R. 4 20p9 a, 10.1 Pto, no November 23 AM or reaher T 10, 2009 P"erro Fl.r del o9B6 tlate ine, its 2085181 d• m tlme be EKONOMY sSEL IN THE CIRCUIT STORAGE, 2732 S COURT OF THE TM1e Project scope In. B.1-11 St Pon NINETEENTH clue.. Ran.valion of Lucie, FN,ida. JUDICIAL CIRCUIT IN the Link BuileinB. a AND FOR Si. LUCIE 43,OOD s.1. ,w rY Carol Ken B371 COUNTY, FLORIDA .Nice bu ilding 3wi1n Tle, In, Bake C- IF N0. mie09 new HVAC, PIFh I.p MICA austere C.! —nerOFM and Elemrical 17 MicM1.el McFarland IN be ESTATE OF windows •hid tt LaSB LEON A COLLIER, boot sYs,ems and Tel Carol Fen C411 Decwsad. new manor li-r-l' Ever— Sell St.. NOTICE TO flequesls I., Bid Doeu •+.eves , E asp F it CREDITORS mama 1 Oues,'ons 'elect , .ul, be named In mmax m.tobe le TO ALL PERSONS flee ick Adam, Se. Project al Isale HAVING CLAIMS OR Man.... . .1 .1 am en,s'Cuh aranso All F. DEMANDS AGAINST 5400, Lead m 561 ' d e U THE ABOVE ESTATE B6a50)6, ., ema ee C°. 1 n AND ALL OTHER t ndIrel -n. "'bat or Meg PERSONS INTER c m. cMrsereneue en, I ESTED IN THE ES- o .elaunisc°nuini TAiE. One iref ul bi4i ina d., z ms. Sale is a IOU ARE HEREBY um n,s may be .b- n<ellaeon N IF le. In at M1e Minetl per Pre Au a me Theepnepe .dmmsp n.11ts r.1 Tne, C.nt 11.,l i11, c,h i e het N A. Ma,en+l5u °itfLEO pplianlno COLLIER, d.... sed. < Wanside Re- v.ilis0ein to .a1i f i , N o 6,. ,t Inc., Dosed Ek. p rapni<s ysell S,onge. mile 9CP001010FM, 70 Garden Rd, Fiil 1° is pAndvg in the Gil- let• Beach R 3J401, puElisn: November Full Coun in, ST Ludo In. Is 1410111 pweh h ), 200e C.F.1, flmiee Pm I.. 566a12E039, me 208sm, iM Di.ision, m. •l .mail. „emle.@wo. t.., .f which n P.O. led —el. Fee, r Bo. 700, F,. Fierce, m,Yh viewed on line FL]uesit 1 *1 In iI` ��r NOTICE OF MEET he P..... ....I upresem '.corn w f me .nee P bow Decambernl C, FLORIDA CAROLYN C. BENS, lam DEPARTMENT 0 whose ,flees, is as. TRANSPORTATIO should be 1. Al, .I p, pee n. S1. ING F O e aedoolso caeca Fv eP.E. vlo� ra,10 U Pertmen� of West c—m—., Wssric, Four c0 B F ��`//II��1 ■^' a a F r id- 31TOB3a2 1 DATEJTON s LOCATION. MARTIN, ST,AN LUCIE r. NON NRVEH • 5 COUNT ES'. w a day, Get— b ox 20 Ds ,t n F Pon St. Luce Council J • w I III s 121 SW Pon St. Woe Bind. IT Wee Florin. P3+seAsoa2 Pub: Novembe, 18 25, 2a 21, 2B, is, 3D, De<emxr T 2om N82145 Be NOTICE OF 10 PUBLIC HEARING AMf HOME An OF DEVELOPMENT AGREEMENT CROSSROADS COMMERCE PARK BUILDING A In e 11.6a. a 5lalute nq Fl—d z .Eel 213, w- LD<m G.v- Oevei.p .'en in m Agree meal xh mithe oNnC.m- x:Ion 1 me e11, no of Fon Pierce, Flor,- da, in ends m n- It x, . antl- 30, m in oil . en eAe—hart e I Apteemeni calm lot mF Ti5 roles, knad, ct. z, roads Commerce Park Boln sire c ill,^ N ell ialµli .eret <,T of Ote ark s Boni^ W NOTICE I NOTICE I NOTICE Fred I 701 and COUNCIL ON AGING OF ST. LUCIE, INC. 95 and nIne'Florida COMMUNITY TRANSIT Turn Dike in Foil TRANSIT PERFORMANCE MEASURES Pierce, Fl.ritla. TM1e Year Ending June m, I.. aDDlican„ on- line a aI,2n0 GFNERPL PEPFOflMANCE INDICATORS 200J 2008 square 1.o.hii ne- IPE r M. ..— butienq In The #1 edinThet' 6• in IOTA ricer IWGE%PENSF 3928,394 3ji5,579 F.ri I. appp Advertising vit. IRaPET£IA.E �� reques,ing Source e'er VENICLESOPERATEONMA%sERVK:E z] �q]g mo Eifiicairo ns n, 1agFA� M1e oev,lapmenl Recent Home EFFECTIVE MEASURES A"""" 'hill Buyers REVENUE MILESSETWEENVEHICLE 14,136 14159 include ine, the Y SYSTEM FAILURES leneih of term be OAYVSOUNSSERVICEAVAILABLE SNAYSJ 51— ,educed ,. Two 121 im Dam Treasure Coast EFIT IENCY MEASURES Yee et e q ue zletl by Classifietls OPERATING EXPENSE PER PASSENGER TRIP IET. 14a1 ,nee—tyg be pmldat i icpalm.<om classiilee Publish N v.mea, 3n z009 of ,M anal 2mal. 0 _ dove opmem omen, 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 St. Lucie County Planning and Zoning Commission/Local Planning Agency Commission Chambers, 3�d Floor, Roger Poitras Annex September 24, 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 order0 p.m. U Pledge of Allegiance Roll Call An Craig Mundt .................. 11".tt ChairmE Barry Schrader .................... .—Vice /ice C ..J Stephanie Morgans , y Britt Reynolds....... ........... C Tod Mowery........ cc 1 k� Pamela Hammer.. .... ommi Susan Carprl:. .....amis ............ Ion Member ion Member ion Member i Member ib Wember sea Absence sed Absence sed Absence ................ Director, Growth Management ............Assistant Director, Growth Management ...........I...............Assistant County Attorney ......................... Planning Manager, Growth .......................... Recording Secretary C. Announcements None. D. Disclosures None. II. Minutes 1 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 Petition of Thomas Morse for an amendment to the Official Zoning Atlas to change the zoning from the IX (Industrial Extraction) Zoning District to the AG 2.5 (Agriculture—1du/2.5 acres) Zoning District. Kristin Tetsworth, Planning Manager presented the petition which was on behalf of Thomas Morse. Ms. Tetsworth stated there have been no letters of objection from the adjacent property owners and read the one received in support of it. Vice Chair Schrader noted it looked like the zoning had been changed from its original zoning in 1984 and asked what the original designation was. Ms. Tetsworth asked to finish her presentation and stake zoning was changed to IX in 1984. Ms. Tetsworth continued her presentatiorlxfiting the surrounding zoning is AG-2.5 with one other parcel zoned IX, with some W A "mercial in the area. The Commission had no questions of staff s Chairman M04 sked the applicant to make a statement. Mike McCarty of Land Design South said staffs this application. Mr. McCarty staff the applicanl dream home for him and has bee6%a9 to clean Chairman Mundt returned to the Co Ms. Tetsworth said the zoning Chairman Mundt mined or �ed� f., have s Chairm No one ndt open Chairman Mundt resntation touchet� III the basis of tadsed the propertas a potential the property. y quesans of the applicant or staff. haader's question at this time and �ned4h 984. that was zoned IX was presently being tly being mined by any indications they Vice Chair Schrader 60#6ned after considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners adopt a resolution granting approval to the application of 118.65 Acre Orange Avenue rezone," for an amendment to the official zoning atlas to change the zoning from the IX (industrial extraction) zoning district to the AG 2.5 (agriculture — 1du/2.5 acres) zoning district, because it is consistent with the surrounding properties' land use. Mr. Mowery seconded. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 The motion carried 7-0. IV. OTHER BUSINESS A. Growth Management Director Comments. Mr. Satterlee told the board about a webinar that staff attended which included the city of Weston, the chief challengers of Senate Bill 360. The webinar was about the reasons and content of the challenge, and dealt with the policy issyes that staff and most of the jurisdictions in the State that are dealing with the uncerty that SB 360 has created. Mr. Satterlee said he asked if there would be a!T�Sbluti by the end of the year and they responded it was highly unlikely. He said's#aff is proceed g under the expectation that the bill will be fully in effect, but if it is t unconstitutio ell they have done will be moot. W� Mr. Satterlee stated the biggest Issue is site psions, and they y►rill be making recommendations to the Board asfl kcr they shotd te handled. Ms. Caron complimented the savings; Robin Meyer, Assistant Direcctor of G calendar for Land D6*ppment lode The C good f Chairman Mundt stated if B. Other business at Members. Chairman Mundt asked"I and December meetings. ne staff aVirna traifta in house. oft Ma lagemed ;gave the Commission a draft Chapto)t 10, 11, and 12 Workshops. of the meetings to find what would be ments they can email them to Mr. Meyer. iscretion of the Planning and Zoning Board Commission how they felt about combining the November The Commission agreed not to have a December meeting. V. Adjourned There being no further business, the meeting was adjourned at 6:21 p.m. C! d e g �- bo V WJ 1 • , • pno r^ ri V O � Ln � At u O u W .rt 4u 4 El cu r4 O 4 4-1 u u Q A4 Q IL � O j O QJ cu •� H a� o � o a a '�' v 00 O W O ;Z ' r-' O O O 4L POO � � � Q 00 un CU r-� 4-j b4o �� u r O N v � o � v v .. �,� � p off, •u � d- N rj� b!J 4--J 4 ONN cu '-E Q- 70 > Q) -0 cn -0 (n CU >, 0 a) cu E § cu E o LU a- CU M > 3Co > -C -C 0U) 0 w U) a) z 4 7j H =Z� d a I I i W I a� U U� U U N L N L QL% m N J= Q Q Q N Q(10 41 = Lo Lo L Lr) � L vi 7 ' N N (V N CV N N N LLO Q� Q� Q� Q� .- N Z fn W Z N J 1y LP I 02i HlIWSH�0a8'N �72!'HlIYtlS�190Ll8�S � w IN 'Q w .. ... ........... ... •, u iv OD►. O / r M p aa'�siavns cN p �d N (n E . -:3 o).r T O ( i a oU N a L.L C ♦ N �C7 t 0 o 0 ndti�'Nsna �• d c o_ l4 lfl O. lCI LO U C m n Q o C/) @ @ @ @ / ® / L) U) § Cl)U) \ \ cc < < < (D u)9 09 to9 V)9 . & g & 2 & & g ?k 2� <� N z £ 7 CO LU 3.1 - LO a i :o w :_QV P & \ LO o c n � q 2� 6» CN �'xis na.'- � 1 < / �/g P---4 �m . u O 4-J v ,.� O o � v � v .°� v cu � v � CU •WAw4 O GCS ai 4-� M 4U W ) O U v O o U .,..� W aU v o O cn u o � U o O •� N .(U N r C14 CL� o •PON4 +- v cu o � v o � � o � O t:L4 v o � N � O ft O V J 7c6uNTY F L O R I D A - AGENDA REQUEST ITEM NO. _M eC DATE: 09/24/09 REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASI -JD ( X ) CONSENT ( ) TO: Planning and Zoning Commission PRESENTED BY OLL Aneela Ansar SUBMITTED BY: Growth Management Department Senior Planner SUBJECT: Petition of Thomas Morse for an amendment to the Official Zoning Atlas to change the zoning from the IX (Industrial Extraction) Zoning District to the AG 2.5 (Agriculture— 1 du/2.5 acres) Zoning District. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: November 6, 1984 — BOCC adopted Resolution 84-181 granting approval for a change in zoning from the AG (Agriculture) Zoning District to the IX (Industrial Extraction) Zoning District. RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward to the Board of County Commissioners a recommendation for Board adoption of Resolution No. 09-211. COMMISSION ACTION: DO APPROVED ( ) ( ) OTHER County Attorney ( ) County Engineer ( ) DENIED Coordination/Signatures /J County Surveyor Daniel S. McIntyre Michael Powley Originating Dept. ( ) Mark Satterlee ERD Ron Harris O Oarn Smith 1 2 3 4 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 Commission Review: 09/24/09 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM To: Planning & Zoning Commission Through: Robin Me t i ctor Kristin Tetsworth, lanning Manac,/-AO Prepared by: Aneela Ansar, Senior Planner ✓1-k Item: 8.65 Acre Orange Avenue Rezone Resolution No.: 09-211 GENERAL INFORMATION: Applicant: Thomas Morse Contact Person: Bradley J. Currie, Land Design South Phone: 772-871-7778 Requested Action: An amendment to the Official Zoning Atlas to change the zoning from the IX (Industrial Extraction) Zoning District to the AG 2.5 (Agriculture— 1 du/2.5 acres) Zoning District for a parcel located at 13303 Orange Avenue situate in St. Lucie County, Florida. Purpose: According to the petitioner, the purpose of the rezoning is to provide consistency with the surrounding properties and to create an orderly development pattern in the area. Location: 13303 Orange Avenue, St. Lucie County, Florida. Tax Id: Size: File Date: Utilities Providers 2308-312-0003-000/0 8.65 acres June 9, 2009 Well and septic Page I of 7 8.65 Acre Orange Avenue Rezone - RZ 620093985 HEARING BODY: Planning & Zoning Commission PREPARED BY: Aneela Ansar HEARING DATE: 09/24/09 I 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 I end "caw Vp11p V Future Land Use ap Designation Existing Land Use AG 2.5 (Agriculture— 1du/2.5 acres Vacant i—oning mrormauvn: Current Zoning Proposed Zoning IX Industrial Extraction AG 2.5 (Agriculture — 1du/2.5 acres _�!�� 1 _�J Il�w wwwl 7w.�ir�w• �71111\/p1 Zoning 11M vvv �••wFuture Land Use Existing Land Use Designation Map North AG 2.5 AG 2.5 (Agriculture — Partially developed with a (Agriculture — 1du/2.5 acres) single family residence and 1du/2.5 acres) r)artiallv vacant residential South AG 2.5 AG 2.5 (Agriculture — Single family residence (Agriculture — 1du/2.5 acres) 1du/2.5 acres East AG 2.5 AG 2.5 (Agriculture — Partially developed with a (Agriculture — 1du/2.5 acres) single family residence and 1du/2.5 acres) r)artiallv vacant residential West AG 2.5 AG 2.5 (Agriculture — Single family residence (Agriculture — 1du/2.5 acres) 1du/2.5 acres COMPREHENSIVE PLAN: The proposed zoning district complies with the Zoning Consistency Matrix found in Table 11-1 in Section 11.09.02 of the Land Development Code and Future Land Use Table 1- 3. BACKGROUND INFORMATION: Previous Action: November 6, 1984 — BOCC adopted Resolution 84-181 granting approval for a change in zoning from the AG (Agriculture) Zoning District to the IX (Industrial Extraction) Zoning District. ANALYSIS: Current Zoning: Section 3.01.03(V) of the Land Development Code lists the permitted, accessory, and conditional uses permitted in the IX (Industrial Extraction) Zoning District. The purpose of this district is to provide and protect an environment suitable for the extraction of natural resources from the ground, together with such other uses as may be necessary to and compatible with industrial extraction. Proposed Zoning: Section 3.01.03(B) of the Land Development Code lists the permitted, accessory, and conditional uses permitted in the AG 2.5 (Agriculture — 1du/2.5 acres) Zoning District. 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 Page 2 of 7 8.65 Acre Orange Avenue Rezone - RZ 620093985 PREPARED BY: Aneela Ansar HEARING BODY: Planning & Zoning Commission HEARING DATE: 09/24/09 1 2 3 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 to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one dwelling unit per two and one half (2.5) gross acres. Compliance with Comprehensive Plan: Objective 1.1.1 of the Future Land Use Element Maintain the Future Land Use Map land with the following use designations to portray the future development patterns of St. Lucie County. Policy 1.1.1 The following land use designations/intensities, as indicated on the Future Land Use Maps are provided as the pattern for the future development of the area within unincorporated St. Lucie County: Land Use Category AG 2.5 Agriculture 2.5 Residential Density/Max Lot Coverage by Structure 1 du/2.5 ac. The requested rezoning from the IX (Industrial Extraction) Zoning District to the AG 2.5 (Agriculture 1du/2.5 acres) Zoning District is consistent with the AG 2.5 (Agriculture — 1du/2.5 acres) Future Land Use Designation Map. The AG 2.5 (Agriculture — 1du/2.5 acres) Future Land Use Designation allows residential densities up to 1du/2.5 acres. Therefore the proposed density is consistent with the allowable density within the AG 2.5 (Agriculture 1du/2.5 acres) Future Land Use Designation. Neighborhood Meeting Bradley J. Currie, Land Design South, on behalf of the applicant, Thomas Morse, denied to conduct a neighborhood meeting due to the fact that they are down zoning the property and the financial situation of his client. ********************************** STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for the proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed amendment to the Official Zoning Atlas is not in conflict with any applicable portion of the St. Lucie County Land Development Code. The property has a mobile home trailer which was damaged back in the 2004 hurricane. There is no active use on the property. The requested amendment to the Official Zoning Atlas to change the zoning from the IX (Industrial Extraction) Zoning District to the AG 2.5 (Agriculture — 1 du/2.5 acres) Zoning District is consistent with the character of the neighborhood and the zoning of the adjoining properties. Page 3 of 7 8.65 Acre Orange Avenue Rezone - RZ 620093985 PREPARED BY: Aneela Ansar HEARING BODY: Planning & Zoning Commission HEARING DATE: 09/24/09 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 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The AG 2.5 (Agriculture 1 du/2.5 acres) Future Land Use Designation of the Comprehensive Plan is consistent with the proposed rezoning. Both AG 2.5 (Agriculture 1 du/2.5 acres) Future Land Use Designation and the proposed AG 2.5 (Agriculture 1 du/2.5 acres) Zoning District allows 1 du/2.5 acres. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; Adjacent zoning to the subject site is AG 2.5 (Agriculture 1 du/2.5 acres) to the north, south, east and west. The properties to the north and east are partially developed with single family residences and partially vacant, and the properties to the south and west are developed with single family residences. Therefore, the requested petition for an amendment to the Official Zoning Atlas from the IX (Industrial Extraction) Zoning District to the AG 2.5 (Agriculture 1 du/2.5 acres) Zoning District is consistent with the existing and the proposed land uses of the subject parcel and the adjoining properties. 4. Whether there have been changed conditions that require an amendment; Ceased mining operation warranted the request for a change in zoning to the previous zoning designation. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The IX Zoning District allows mining and quarrying of nonmetallic minerals (except fuels) and mobile food vendors. The AG 2.5 Zoning District allows less intense uses, such as, agricultural production and services, family day care homes, family residential homes, fishing, non-commercial research facilities, riding stables and single family detached dwellings. The subject site has the potential for a 3 lot subdivision based on lot size requirements in the AG 2.5 Zoning District. Therefore, based on the potential number of lots and types of the uses in the proposed Zoning District, the proposed amendment will have minimal to no effect on the capacities of the public facilities as compared to the impacts due to the current zoning. Transportation impacts: In reviewing the rezoning request (IX to AG-2.5) for the 8.65 acre site located along Orange Avenue between Brocksmith Road and Pulitzer Road, it should be noted that staff does not identify any transportation concurrency issue associated with this rezoning request. Staff believes that any future residential development (3 single family units) based upon the rezoning of the property from industrial extraction land use should result in a p.m. peak hour traffic decrease on Orange Avenue and will not negatively affect the level of service standard for Orange Avenue. Page 4 of 7 8.65 Acre Orange Avenue Rezone - RZ 620093985 PREPARED BY: Aneela Ansar HEARING BODY: Planning & Zoning Commission HEARING DATE: 09/24/09 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 Right -of -Way Pursuant to Section 7.05.03(1)A.1.e RIGHTS -OF -WAY DETERMINATIONS AND DEDICATIONS, IMPROVEMENTS - ST. LUCIE COUNTY THOROUGHFARE NETWORK RIGHT-OF-WAY PROTECTION PLAN of the Land Development Code which states as follows: The St. Lucie County Comprehensive Plan in Policies 1.1.7.3 and 2.1.3.1 directs that appropriate measures should be taken in order to protect the level of service standards on all public roadways within the unincorporated county which include the State Highway System and County Road System. The Comprehensive Plan also directs that land development adjacent to roads where there is substantial right-of-way requirements pursuant to County specifications should provide for dedication of sufficient additional right-of-way to bring the adjacent right-of-way up to minimum County standards. The existing right-of-way of Orange Avenue at the location of the parcel has an average width of 85' feet more or less. The St. Lucie County Right of Way Protection Map identifies Orange Avenue as a future four lane corridor. The proposed ultimate right of way is 160' feet. The owner will be required to contribute an additional 37 ft when a site plan is submitted for the development of the parcel. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed rezoning is not anticipated to result in adverse environmental impacts. If in the future, subdivision or other site development activities are proposed, the Environmental Resources Department will conduct further review through the site plan or building permit review process. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The adjacent zoning to the subject site is AG 2.5 (Agriculture — 1 du/2.5 acres) to the north, south, east and west. The properties to the north and east are partially developed with single family residences and partially vacant, and the properties to the south and west are developed with single family residences. The proposed request is consistent with the character of the neighborhood in general and the zoning of the adjoining properties in particular. Therefore, the proposed amendment to the Official Zoning Atlas will result in an orderly and logical development pattern and will have no negative impacts on the residential neighborhood 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment to the Official Zoning Atlas is not in conflict with the public interest and is in harmony with the purpose and intent of the Land Development Code because the requested rezoning should result in a p.m. peak hour traffic decrease on Orange Avenue and will reduce any environmental impacts. Page 5 of 7 8.65 Acre Orange Avenue Rezone - RZ 620093985 PREPARED BY: Aneela Ansar HEARING BODY: Planning & Zoning Commission HEARING DATE: 09/24/09 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 Suggested motion to recommend approval/denial of this requested. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION GRANTING APPROVAL TO THE APPLICATION OF "8.65 ACRE ORANGE AVENUE REZONE," FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE IX (INDUSTRIAL EXTRACTION) ZONING DISTRICT TO THE AG 2.5 (AGRICULTURE — 1 DU/2.5 ACRES) ZONING DISTRICT, BECAUSE ..... [CITE REASON WHY - PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF "8.65 ACRE ORANGE AVENUE REZONE," FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE IX (INDUSTRIAL EXTRACTION) ZONING DISTRICT TO THE AG 2.5 (AGRICULTURE — 1DU/2.5 ACRES) ZONING DISTRICT, BECAUSE.. [CITE REASON WHY - PLEASE BE SPECIFIC] Page 7 of 7 8.65 Acre Orange Avenue Rezone - RZ 620093985 PREPARED BY: Aneela Ansar HEARING BODY: Planning & Zoning Commission HEARING DATE: 09/24/09 Planning and Zoning Commission Public Hearing Date 0912412009 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Ft Pierce, Florida 34982 Time: 6:00 P.M. Applicant Thomas Morse 315-730-3628 Agent Bradley J. Currie, Land Design South 772-871-7778 Property Location South of Orange Avenue, between Pulitzer Road and Brocksmith Road, St. Lucie County, FL Future Land Use AG 2.5 (Agriculture - 1du/2.5 Ac) Current Zoning IX (Industrial Extraction) Proposed Zoning AG 2.5 (Agriculture - 1 du/2.5 Ac) ANGI r z N SU Ject Site_ \ O `yN y ORANGE K O O K q'2 f-^ U O W I p F 6 W O d PICOS RD � Z U o � m HEN�RD HEIL RD Agenda Item NoQH__ g 8.65 Acre Orange Avenue Rezone RZ 620093985 Project Description An amendment to the Official Zoning Atlas to change the zoning from the IX (Industrial Extraction) Zoning District to the AG 2.5 (Agriculture— 1 du/2.5 acres) Zon- ing District for a parcel located at 13303 Orange Avenue situate in St. Lucie County, Florida. Previous Action November 6, 1984 - BOCC adopted Resolution 84-181 granting approval for a change in zoning from the AG (Agriculture) Zoning District to the IX (Industrial Extraction) Zoning District. Recommended Board Action Staff recommends the Planning and Zoning Commission forward to the Board of County Commission- ers a recommendation for Board adoption of Resolution No. 09-211. Further details are available in the Growth Management Depart- ment —please contact: Staff Aneela Ansar Tel. 772-462-6445 Email ansara@stlucieco.gov Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 Anyone with a disability requiring accommoda- tion to attend this meeting may contact the SLC Community Services Director at least 48 hours in advance at 772.462.177 or TDD 772.462.1428 Environmental Resources Department Agenda Item Companion Report TO: Planning and Zoning Commission THROUGH: Karen Smith, Environmental Resources Department DirectoA�r FROM: Yvette Alger, Environmental Resources Department DATE: July 29, 2009 SUBJECT: 8.65 Acre Orange Avenue Rezone Background The Growth Management Department requested Environmental Resources Department (ERD) input on the applicant's request for a rezoning from IX (Industrial Extraction) to AG 2.5 (Agricultural — 1 du/2.5 acres). ERD coordinated with the Development Review Committee during our review. Findings ERD input has been incorporated into the attached staff report. Recommendations ERD supports Growth Management's recommendation of approval. 1 RESOLUTION NO. 09-211 2 FILE NO.: RZ 620093985 3 5 A RESOLUTION OF THE BOARD OF COUNTY 6 COMMISSIONERS OF ST. LUCIE COUNTY GRANTING 7 APPROVAL FOR AN AMENDMENT TO THE OFFICIAL ZONING 8 ATLAS TO CHANGE THE ZONING FROM THE IX (INDUSTRIAL 9 EXTRACTION) ZONING DISTRICT TO THE AG 2.5 10 (AGRICULTURE —1 DU/2.5 ACRES) ZONING DISTRICT FOR A 11 PARCEL LOCATED AT 13303 ORANGE AVENUE SITUATE IN 12 ST. LUCIE COUNTY, FLORIDA. 13 14 i5 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on 16 the testimony and evidence including, but not limited to the staff report, has made the 17 following determinations: 18 19 1. Thomas Morse petitioned for an amendment to the Official Zoning Atlas to 20 change the zoning from the IX (Industrial Extraction) Zoning District to the 21 AG 2.5 (Agriculture — 1 du/2.5 acres) Zoning District, located at 13303 22 Orange Avenue situate in St. Lucie County, Florida, for the property 23 described in Paragraph "A" and depicted on the attached map as Exhibit "A." 24 25 2. On November 6, 1984, by Resolution 84-181, the Board of County 26 Commissioners granted an approval for a change in zoning from the AG 27 (Agriculture) Zoning District to the IX (Industrial Extraction) Zoning District. 2s 29 3. On September 24, 2009, the St. Lucie County Planning and Zoning 30 Commission held a public hearing on the petition, after publishing notice at 31 least 10 days prior to the hearing and notifying by mail all owners of property 32 within 500 feet of the subject property, and recommended that the Board of 33 County Commissioners approve ordeny the hereafter described request 34 for an amendment to the Official Zoning Atlas to change the zoning from the 35 IX (Industrial Extraction) Zoning District to the AG 2.5 (Agriculture —1 du/2.5 36 acres) Zoning District for the property described in Paragraph "A." 37 38 4. On November 17, 2009, this Board held a public hearing on the petition, 39 after publishing notice at least 10 days prior to the hearing and notifying by 40 mail all owners of property within 500 feet of the subject property. 41 42 5. The proposed change in zoning is not in conflict with the goals, objectives, November 17, 2009 Resolution No. 09-211 File No. 620093985 1 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 and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 6. The proposed change in zoning is consistent with the existing and proposed uses in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed amendment to the Official Zoning Atlas to change the zoning from the IX (Industrial Extraction) Zoning District to the AG 2.5 (Agriculture — 1 du/2.5 acres) Zoning District for the project known as °8,65Acre Orange Avenue Rezone," for the property owned by Thomas Morse and described below is hereby approved/denied. Legal Description: The West %2 of the West'hof the Northeast'/ of the Southwest'/4 and the East %2 of the East '/2 of the Northwest %4 of the Southwest'/4 of Section 8, Township 35 South, Range 39 East, LESS AND EXCEPTING the following: From the Northwest corner of the East % of the East '/2 of the East % of the Northwest'/4 of the Southwest'/4 of Section 8, Township 35 South, Range 39 East, run South 46.73 feet to the South right-of-way line for Orange Avenue for the POINT OF BEGINNING; thence continue South 1299.23 feet to the South line of said Northwest'/4 of the Southwest'/4; thence run East 176.98 feet; thence run North parallel with the first line run 849, 12 feet; thence run West parallel with the North line of said Northwest '/4 of the Southwest '/4, 25.98 feet; thence run North parallel with the first line run 451.58 feet to the .South line of the 66.00 foot right-of-way for orange Avenue; thence run West 150.10 feet to the POINT OF BEGINNING. AND LESS the East 210.00 feet of the West '/2 of the West %2 of the northeast '/4 of the Southwest '/4 of Section 8, Township 35 South, Range 39 East, ALSO EXCEPTING therefrom, all rights -of -way for Drainage Canals and Public Roads. Location: 13303 Orange Avenue, St. Lucie County, Florida. Parcel ID#: 2308-312-0003-000/0 B. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. November 17, 2009 File No. 620093985 Resolution No. 09-211 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 C. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B," was signed by the applicant on July 31, 2009. D. A copy of this Resolution shall be mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. E. This Resolution shall be recorded in the Public Records. After motion and second, the vote on this resolution was as follows: Paula A. Lewis, Chair XXX Charles Grande, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED This 17th Day of November 2009. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk November 17, 2009 File No. 620093985 County Attorney Draft Resolution No. 09-211 3 wt It I I pit 19p a E rn 0 k N G � G1 O M � % i � C) (NO O I cyan / i tl a i i i I 1 --------------� t 60 o r �% a I I ! 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Submittal Type rcheck each that appliesl Site Plan ❑ Major Site Plan ❑ Minor Site Plan ❑ Major Adjustment to Major Site Plan ❑ Major Adjustment to Minor Site Plan ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Minor Adjustment to Major Site Plan ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Flood Damage Prevention ❑ Variance to Coastal Setback Line Rezoning 3 El Rezoning (straight rezoning) ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Rezoning with Plan Amendment Comprehensive Plan Amendment 4 ❑ Future Land Use Map Change ❑ Comprehensive Plan Text Amendment Other ❑ Administrative Relief ❑ Class A Mobile Home s ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Electrical Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 ❑ Land Development Code Text Amendment 7 ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # 8 ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements 9 Application Supplement Packaaes 1. Conditional Use 4. Comp. Plan Amendments 7. LDC Text Amendment 2. Variance 5. Class A Mobile Home 8. Re- Submittal 3. Rezoning / Zoning Atlas Amend. 6. Historical Designation/Change 9. Waiver to LDC/Comp. Plan Requirements Refer to Fee Schedule for applicable fees. For an application to be determined complete all required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 �U� 9 2009 Revised March 24, 2009 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — GROWTH MANAGEMENT Application Type: Rezoning Application Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) B BASE REVIEW FEE: 171 CONCURRENCYFEE: li�r' ERD REVIEW FEE: El PER ACREAGE CHARGE: 0 RESUBMITTAL FEE: (if applicable) ® PRE -APPLICATION MEETING FEE: Receipt No. of Payment: 96631 Date of Pre App: 05/14/09 TOTAL APPLICATON FEES DUE: $ /Sa-00 $ 86.91 SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code 0 $950.00 — Methodology Meeting (If Applicable — for Major Site Plans and PUD only) • Additional fees will be due if a 3rd party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3rd party. • Please note: For all projects requiring public notice, you will also be required to pay St. Lucie County Growth Management for the actual cost of ad and mail notices, and will be responsible for creation and placement of signage, including all costs associated. Th= �r a/Brad Currie, Land Design South rrtt Applicant Name (Printed) SignaturXgf applicant COMPLETENESS REVIEW - SIGNATURE VERIFIED BY - SIGNATURE DATE File Number: RZ G aorjA lAd.5 Receipt Number: °I.lrvG yG (For office use only) Page 2 of 6 Revised March 26, 2009 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: 3 Application (in black ink) - with property owner signature(s) and notary seal (1 original & 9 copies) 170 Narrative - a detailed written narrative describing the proposed request EO Aerial Photograph — property outlined (available from Property Appraiser's office 0 Property Deed m Legal Description (in MS Word format) of subject property m Property Tax Map — property outlined (electronic copy not required) m Survey 0 2 CDs of all documents submitted - files named according to the Required Document Naming List. Concurrency Deferral Affidavit (Prelim. Development Orders only); or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02(C)). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: 9 Site Plan 24"x36" at a scale of 1 "=50' (10 copies- folded, not rolled) ❑ Boundary Survey — Signed and Sealed (1 original and 9 copies) Topographic Survey — Signed and Sealed (1 original and 9 copies) ❑ Landscape Plan — Signed and Sealed (1 original and 9 copies) 9 Traffic Impact Report (TIR) (4 copies) if: 0 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if: (See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications require the following: 13 Letter of request outlining status of approved conditions — submitted at least 60 days prior to expiration. (LDC 11.02.06) ® Updated Traffic Analysis if applicable ❑ Previous approved Resolution(s) or GM Order(s) Post Development Order Changes (LDC 11.01.04) requires the following: ❑ Description of Request ❑ Previous approved Resolution(s) or GM Order(s) with Proposed Change(s) Administrative Relief to Parking (LDC 7.06.01) and Landscaping (LDC 7.09.04.0) Applications require the following: O Letter of justification ❑ Traffic Analysis (if applicable) ❑ Landscape Plan (if applicable) Page 3 of 6 Revised March 24, 2009 Project Information Project Name: 8.65 Acre Orange Avenue Rezone Site address: 13303 Orange Ave. Parcel ID Number(s): 2308-312-0003-000-0 Legal Description*: Attach additional sheets if necessary - also must be in Word format on CD Please see attached Legal Description. *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any hearing(s). List any Companion Development Applications associated with this reouest (provide status - i.e. "under review". "approved" and dates. None. Property location - Section/Township/Range: Sec. 08 :35S :39E Property size - acres: 8.65 Acres Square footage: 376,794 SF Future Land Use Designation: AG-2.5 Zoning District: IX Description of project: (Attach additional sheets if necessary) See attached Justification Statement. Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing Proposed: ❑ Industrial Total Square Footage: Existing Proposed: ❑ Residential No. of residential units: Existing Proposed: No. of subdivided lots: Existing Proposed: ❑ Other Please specify: Number and size of out parcels (if applicable): N/A Page 4 of 6 Revised March 26, 2009 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of 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 project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Name: Thomas Morse Address: P.O. Box 240, Locke, NY 13092 Phone: 315-730-3628 Fax: Email: Agent Information: Name: Bradley J. Currie, Land Design South Address: 1100 St. Lucie West Blvd, Port St. Lucie, FL 34986 Phone: 772-871-7778 Fax: 772-871-9992 Email: bcurrie@landdesignsouth.com Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. IL roperty Qvsner signature Mailing Address: Property Owner Narne (Printed) Phone: ( / If more than one owner, please submit additional pages STATE OF 1 ' 4� �, LC COUNTY OF 1 The foregoing instrument was acknowledged before me this day of hr I t , 20� by L l i 's Iff who is personally known to me or who has produced as identification. rgn. o ype or Print Name of Notary bI Q'6 11) / Commission Number Page 5 of 6 Revised March 26. 2009 (Seal) - " ` ` .ti�,f,Y AVea RHONOA 8t E1'T! :°a ,` t: Notary Public - State of 5 My Commits" EAplm Doc 1, 2010 =? d7,0:r Commission p DD 619551 Bon W Thrmh Nati4nad Notasy Aa . Supplement 3 Rezoning/Amendment to the Official Zoning Atlas Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 11.06.00 for details Current Zoning: ix Proposed Zoning: AG - 2.5 Current Future Land Use: AG-2.5 Acreage of the area to be rezoned: 8.65 Acres 1. If you are requesting an amendment to the Official Zoning Atlas of St. Lucie County, state whether the proposed amendment is in conflict with any portions of the LDC. No, the proposed rezoning is consistent with both the St. Lucie County Comprehensive Plan and Land Development Code. 2. Please give a statement describing any changed conditions that would justify a rezoning: The property is under new ownership and the property owner wants the property to be consistent with the surrounding properties. Additionally, the property owner does not wish to utilize his property with the permitted uses in the IX zoning. 3. Please state why there is a need for the proposed rezoning: The applicant recently bought the property and wishes to be consistent with the surrounding properties. 4. Please state whether and how the proposed rezoning is consistent with the St. Lucie County Comprehensive Plan: The proposed change in zoning is consistent with the St. Lucie County Comprehensive Plan. 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; Yes, the proposed AG-2.5 zoning is compatible with the AG.-2.5 land use. Page 1 of 2 Revised: June 19, 2008 JUN 09 2009 Supplement 3 B) Affects the capacities of public facilities, including but not limited to transportation, sewage, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical service; The proposed change in coning -111 have minimal to no affect to the capacities of public facilities. C) Affects the natural environment; (If no adverse impacts expected, please state why.) Currently, the property owner has no plans for the property. D) Will result in an orderly and logical development pattern, Yes, the proposed change in zoning will result in an orderly and logical development pattern. E) Will adversely affect the property values in the area; No, the proposed change in zoning will result in the surrounding properties to all be the same. 6. Please explain the applicant's interest in the subject property; The property owner does not 'know what he would .like to do with the property. The property owner wishes to be consistent with the surrounding properties 7. Please include such other information or documentation that maybe deemed necessary or appropriate to a full and proper consideration and disposition of this particular application. Please Note: This Rezoning Application Supplement will not be considered complete without the. Development Application, complete with notarized signatures of all land owners, giving their consent to the filing of this application and supplement. Applicant or Agent Name (Printed) Page 2 of 2 Revised: June 19, 2008 Signature — AGENT CONSENT FORM Project Name: 8.65 Acre Orange Avenue Rezone BEFORE ME THIS DAY PERSONALLY APPEARED Tl?gngr, U rse. WHO BEING DULY SWORN, DEPOSES AND SAYS THE FOLLOWING: i hereby give CONSENT to Land Design South 1 Bradley J. Currie. AICP (type, stamp or print clearly full name of agent) to act on my behalf, to submit or have submitted this application and all required material and documents, and to attend and represent me at all meetings and public hearings pertaining to, St Lucie County Rezoning Application , for the project indicated above. Furthermore, I hereby give consent to the party designated above to agree to all terms and conditions which may arise as part of the approval of this application for the proposed use of a residential development. FURTHER AFFIANT SAYETH NOT. l" e foregoing i strument was acknowledged before me this , day of 0 by AAA L A�> f► 2 (Nam of Person Ack owledging) ho Lis personally kn n to me flr who has produced NXV, —.(type of identification) as id nt 'c tion who d didtake an oath. S na ure of erso a c nowledgernent) Owner's Signature (Name of Acknowledger Typed, Printed or Stamped) Owner's Name (Print) (Title or Rank) (Serial Number, if any) Street Address City, State, Zip Code (Notary's Seal) Telephone � pbone "�'yr * Gomm#r�o� #I pit Et+9b�1 JUN 09 2009 LAND Planning DESIGN Landscape Architecture SOUTH Environmental Trans ortation JUSTIFICATION STATEMENT Request for Rezoning, +/-8.65 Acre St. Lucie County Property Pre -Application Meeting: May 14, 2009 Submitted: June 09, 2009 & August 3, 3009 Request The purpose of this request is for a change in zoning from IX (Industrial, Extraction) to AG - 2.5 (Agricultural - 2.5). On behalf of the Petitioner, Land Design South of Florida, Inc. is requesting a change in zoning to AG - 2.5 (Agricultural 2.5). The subject property is located south of Orange Avenue, between Pulitzer Road and Brocksmith Road in St. Lucie County, Florida. The subject property is comprised of one (1) parcel: Parcel PID 2308-312-000-000-0 totaling +/- 8.65 acres. The property has an underlying Future Land Use of AG-2.5 (Agricultural 2.5) and a Zoning designation of IX (Industrial, Extraction). Property History & Site Characteristics The +/- 8.65 acre subject site currently consists of one parcel. The subject property is located south of Orange Avenue between Pulitzer Road and Brocksmith Road. To the north of the subject property, across Orange Avenue, are Single Family residences. To the east of the subject property is vacant residential. To the west of the subject property is Single Family residential home. To the south of the subject site is also Single Family Residential home. Rezoning Standards This proposal meets the following requirements set forth the St. Lucie County, Land Development Code, for Rezoning Approval. a. Consistent with the Land Development Code The proposed AG - 2.5 is compatible with the underlying AG - 2.5 (Agricultural 2.5) Future Land Use designation. Any development will comply with the St. Lucie County Land Development Code, AG - 2.5. b. Compatible with surrounding uses and zones. The proposed development is consistent with the surrounding uses and zones to the north, south, east and west, as described above in the Site Characteristics section. The following table displays the existing use, Future Land Use Designation, and Zoning District for the properties surrounding the subject property. 2101 Centrepark West Drive, Suite 100 1 West Palm Beach, Florida 33409 1 561-478-8501 FAX 561-478-5012 1100 St. Lucie West Blvd., Suite 202 1 Port St. Lucie, Florida 34986 1 772-871-7778 FAX 772-871-9992 Existing Use FLU Zoning North Single Family Residential AG — 2.5 AG — 2.5 South Single Family Residential AG — 2.5 AG — 2.5 East Vacant Residental AG — 2.5 AG — 2.5 L Single Family Residental AG — 2.5 AG — 2.5 c. Changed Conditions. The proposed AG — 2.5 zoning designation is consistent with the underlying Agricultural land use designation as well as to the land use to the north, south, east and west. d. Effect on the Natural Environment. The proposed change to residential use will have no adverse impacts on the environment. e. Development Patterns. The proposed development is consistent with the residential development patterns to the north, south, east and west. It will be consistent with the existing zoning to the north, south, east and west. f. Consistency with the Neighborhood Plan. The proposed AG — 2.5 zoning will provide a consistency with the existing zoning to the north, south, east and west. e. Adequate Public Facilities. The proposed rezoning will not create an increased demand on public facilities. Based on the above information, the applicant requests for approval of the proposed rezoning to AG — 2.5, located in St. Lucie County. The applicant is requesting a change in zoning that will provide consistency with the surrounding properties. The proposed change in zoning will create an orderly development pattern to the area. Based on the above and attached information, the Petitioner respectfully requests approval of the proposed rezoning. ri- o.uj fcre �i. Lucie t_;ounty Property Page 2 of 2 August 3, 2009 6W318 RESOLUTION NO. 84-181 A RESOLUTION CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WBRRUS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Chester J. and Elizabeth Lewis presented a petition for a change in zoning from AG (agricultural) to IX (industrial, extraction) for the property described below. 2. The St. Lucie County Planning and Zoning Commission, held a public hearing on the petition, after publishing notice at least thirty (30) days prior to the hearing and notifying by mail owners of property within five hundred feet (5001) of the subject property, and has recommended that the Board grant the hereinafter described request for change in zoning classification from AG (agricultural) to IX (industrial, extraction) for the property described below. 3. On November 6, 1984, this Board held a public hearing on the petition, after publishing a notice of such hearing in the Fort Pierce News Tribune on October 19, 1984, and notifying by mail all owners of property within 500 feet of the subject property. NOW, THEREFORB, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The Zoning Classification for that property described as follows: Section 8, Range 35, Township 39. West one-half of the West one-half of the Northeast one -quarter of the Southwest one -quarter less East 210 feet and East one- half. of East one-half of Northwest one -quarter of �aMRAA? PAGE= I Southwest one -quarter less: from Northwest corner of East one-half of East one-half of Northwest one -quarter of Southwest one -quarter run South 46.73 feet to South right-of-way Orange Ave. for Point of Beginning, thence continue South 1299.23 feet to the South line of Northwest one -quarter of Southwest one -quarter, thence East 176.98 feet, thence North 849.12 feet, thence West 26.98 feet, thence North 451.58 feet to South right-of- way Orange Avenue, thence West 150.1 feet to Point of Beginning. (8.65 acres) (OR 199-2084) Located on the south side of Orange Avenue Extension, directly across from Tropical Acres subdivision. owned by Chester J. and Blizabeth Lewis, be and the same is hereby, changed from AG (agricultural) to IX (industrial, extraction). B. The St. Lucie County Development Coordinator is hereby authorized and directed to cause the changes to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman R. Dale Trefelner Aye Vice -Chairman Havert L. Fenn Aye Commissioner Maurice D. Snyder Aye Commissioner E. E. Green Aye Commissioner William B. Palmer Aye P&WED AND DULY ADOPTED this 6th day of November, 1984. BOABD OF GOUT COMISSIOMBB ST. LOCIE COUNTY, FLORIDA By 2- Cha rman BOOK P.: �EM '84 NOY 13 P 2 :00 FILED �r, ROGER $T. LUCIE 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE (4) Retail trade accessory to the primary manufacturing or wholesaling use. (999) y. IX INDUSTRIAL, EXTRACTION. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for the extraction of natural resources from the ground, together with such other uses as may be necessary to and compatible with industrial extraction surroundings. 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. Mining and quarrying of nonmetallic minerals, except fuels. (14) b. Mobile food vendors. (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 require- ments are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Detached single-family dwelling unit or mobile home, for on -site security pur- poses. (999) W. U UTILITIES. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for utilities, transportation, and communication facilities, together with such other uses as may be compatible with utility, transportation, and communication facility surroundings. 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. Air transportation services. (451,452) b. Agriculture, including farms, groves, and ranches. (01,02) C. Communication. (48) St. Lucie County Land Development Code 3:36 Adopted May 19, 2009 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE h. Manufacturing: (1) Agricultural chemicals. (287) (2) Food and kindred products. (20) (3) Lumber and wood products, except furniture. (24) i. Mining and quarrying of nonmetallic minerals, except fuels. (14) j. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel and accessory stores. (56) k. Sewage disposal subject to the requirements of Section 7.10.13. (999) 1. Telecommunication Towers - subject to the standards of Section 7.10.23. (999) in. Camps - sporting and recreational. (7032) 8. 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) B. AG-2.5 AGRICULTURAL - 2.5. 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 (1) dwelling unit per two and one-half (2.5) 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. (01) b. Agricultural production - livestock and animal specialties. (02) c. Agricultural services. (07) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) St. Lucie County Land Development Code 3:6 Adopted May 19, 2009 ZONING DISTRICTS 3.01.03 f. Fishing, hunting and trapping. (09) g. Forestry. (08) h. Kennels. (0752) i. Research Facilities, Noncommercial. (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with 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 require- ments are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00 7. Conditional Uses: a. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance. (4581) C. Airports and flying, landing, and takeoff fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of . another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) f. Gasoline service stations. (5541) g. Industrial wastewater disposal. (999) h. Manufacturing: (1) Agricultural chemicals. (287) (2) Food and kindred products. (20) (3) Lumber and wood products, except furniture. (24) i. Mining and quarrying of nonmetallic minerals, except fuels. (14) j. Radio, television, and microwave communication stations and towers. (999) k. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel and accessory stores. (56) 1. Sewage disposal subject to the requirements of Section 7.10.13. (999) m. Camps - sporting and recreational. (7032) St. Lucie County Land Development Code 3:7 Adopted May 19, 2009 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE n. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. 8. 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) 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 (1) 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. (01) b. Agricultural production - livestock and animal specialties. (02) C. Agricultural services. (07) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) f. Fishing, hunting and trapping. (09) g. Forestry. (08) h. Kennels. (0752) i. Research Facilities, Noncommercial. (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) 1. 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. St. Lucie County Land Development Code 3:8 Adopted May 19, 2009 Project Name: Applicant/Agent: Public Hearing Body: Public Hearing Date: Form 08-47 GROWTH MANAGEMENT DEPARTMENT PLANNING DIVISION PUBLIC NOTICE SIGN CONTENT 8.65 Acre Orange Avenue Rezone Thomas Morse Planning and Zoning Board of County Commission Commissioners 09-24-09 11-17-09 This Sign must be installed before September 4, 2009. Required sign content: Heading: NOTICE OF PUBLIC HEARING Body: A petition of Thomas Morse for an Amendment to the Official Zoning Atlas to change the zoning from the IX (Industrial Extraction) Zoning District to the AG — 2.5 (Agricultural — 1 du/2.5 acres) Zoning District for the project known as "8.65 Acre Orange Avenue Rezone." The meeting is to be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida, on September 24, 2009 @ 6:00 P.M. or as soon thereafter as possible before the Planning and Zoning Commission and on November 17, 2009 at 6:00 P.M. or as soon thereafter as possible before the Board of County Commissioners. Copies of the petition are available in the Growth Management Department, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce. If you have any questions please call the Growth Management Department at 772- 462-6445. i ��- WIT r Y M14r ,� 'rY / t - V r r r - f 4 a� w AFFIDAVIT COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS STATE OF FLORIDA ) COUNTY OF ST . LUCIE ) LAND DESIGN SOUTH, BRADLEY J . CURRIE , being first duly sworn deposes and states: 1. I am the owner or the agent for THOMAS MORSE (insert owner's name) for the following petition: Rz 62009398S. (insert petition number). 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St. Lucie County Land Development Code for the 09-24-09 & 10-24-09 (insert date) public hearing to be conducted by the P&z & BOCC (insert entity name) on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by St Lucie County Growth Management on 08-05-09(date). The following required documentation is attached: A. 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M m M m M M m M r M 1p 1D lD lD lD lD M r M m M i00 C0 W 00 00lD 00LD 00 00 00 00 00 W 00 M 00 00 M 00 00 M 00 00 00 00 00 00 00 CO w M 00 00 00 00 0000 un C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a f0 m M M M M M M M M M M m M M M M M M M M m M M M M M M M M m M M M M M M a a0 6 N N N N N N N N N N N N N 1V N N fV N fV N N fV N N N N fV fV N N N N N N I N Q Q BOARD OF COUNTY COMMISSIONERS August 31, 2009 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 8.65 Acre Orange Avenue Rezone — RZ 620093985 GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that Thomas Morse presented a petition to St. Lucie County for an Amendment to the Official Zoning Atlas to change the zoning from the IX (Industrial Extraction) Zoning District to the AG — 2.5 (Agricultural — 1 du/2.5 acres) Zoning District for the project known as "8.65 Acre Orange Avenue Rezone," for the following described property: Location: 13303 Orange Avenue, St. Lucie County, Florida. Legal Description: The West 1/2 of the West 1/2 of the Northeast 1/4 of the Southwest 1/4 and the East 1/2 of the East 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 8, Township 35 South, Range 39 East, LESS AND EXCEPTING the following: From the Northwest corner of the East 1/2 of the East 1/2 of the East 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 8, Township 35 South, Range 39 East, run South 46.73 feet to the South right-of-way line for Orange Avenue for the POINT OF BEGINNING; thence continue South 1299.23 feet to the South line of said Northwest 1/4 of the Southwest 1/4; thence run East 176.98 feet; thence run North parallel with the first line run 849, 12 feet; thence run West parallel with the North line of said Northwest 1/4 of the Southwest 1/4, 26.98 feet; thence run North parallel with the first line run 451.58 feet to the South line of the 66.00 foot right-of-way for Orange Avenue; thence run West 150.10 feet to the POINT OF BEGINNING. AND LESS the East 210.00 feet of the West 1/2 of the West 1/2 of the northeast 1/4 of the Southwest 1/4 of Section 8, Township 35 South, Range 39 East, ALSO EXCEPTING therefrom, all rights -of -way for Drainage Canals and Public Roads. 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 September 24 2009 County Commissioner's Chambers, Roger Poitras Annex, Yd Floor, St. Lucie County Administration Building, 2300 lrrginia Avenue, Fort Pierce, Florida All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy strongly encourages your input and comment at the public hearing of this matter before the Planning and Zoning Commission and County Commission, rather than by contact outside of the scheduled public hearing(s). We encourage you to speak at these public hearings, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-2822 if you have any questions, and refer to the project name and number listed above. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION /S/ CRAIG MUNDT, CHAIRMAN Form No. 07-12 CHRIS DZADOVSKY, District No. I • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator —Faye W. Outlaw, MPA Website: www.stlucieco.aov 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 GROWTH MANAGEMENT - Phone (772) 462-2822 FAX (772) 462-1581 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA September 24, 2009 NOTICE OF PROPOSED ZONING DISTRICT CHANGE 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.09-211 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING APPROVAL FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE IX (INDUSTRIAL EXTRACTION) ZONING DISTRICT TO THE AG 2.5 (AGRICULTURE - 1 OU/2.5 ACRES) ZONING DISTRICT FOR A PARCEL LOCATED AT 13303 ORANGE AVENUE SITUATE IN ST. LUCIE COUNTY, FLORIDA. APPLICANT: Thomas Morse FILE NUMBER: RZ 620093985 LEGAL DESCRIPTION: The West 1/2 of the West 1/2 of the Northeast 1/4 of the Southwest 1/4 and the East 112 of the East 1/2 of the Northwest 1/4 of the Southwest 114 of Section 8, Township 35 South, Range 39 East, LESS AND EXCEPTING the following From the Northwest corner of the East 1/2 of the East 1/2 of the East 1/2 of the Northwest 1/4 of the Southwest 114 of Section 8, Township 35 South, Range 39 East, run South�i 46.73 feet to the South rightol-way line for Orange Avenue for the POINT OF BEGINNING; thence continue South 1299,23 feet to the South line of said Northwest 1/4 of the Southwest 114, thence run East 176,98 feet, thence run North parallel with the first fine run 849, 12 feet; thence run West parallel with the North line of said Northwest 1/4 of the Southwest 1/4, 26.98 feet; thence run North parallel with the first line run 451.58 lest to the South line of the 66.00 foot right-of-way for Orange Avenue; thence run West 150,10 feet to the POINT OF BEGINNING. AND LESS the East 210.00 feet of the West 12 of the West 1/2 of the northeast 1/4 of the Southwest 1/4 of Section 8, Township 35 South, Range 39 East, ALSO EXCEPTING therefrom, all rights -of -way for Drainage Canals and Public Roads. LOCATION: 13303 Orange Avenue, St. Lucie County, Florida. PURPOSE: For an Amendment to the Official Zoning Atlas to change the zoning from the IX (Industrial Extraction) Zoning District to the AG - 2.5 (Agricultural - 1 du/2.5 acres) Zoning District for the project known as "8.65 Acre Orange Avenue Rezone " aw 6 >d The Planning and Zoning Commission PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poilras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on September 24. 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, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call 772/462- 2822 or TDD 772/462-1428 if you have any questions or require additional information. The St. Lucie County 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. P tRc CANT TO ca.�tion 86-0105. Florida Statutes, it a person decides to appeal any decision matte 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. It 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 /SIGRAIG MUNDT, CHAIRMAN PUBLISH DATE: September 4, 2009 10/25/2009 01:14 7725953617 ROGERS W PAGE 01 E. Wayne Rogers Realty 1703 Totten Rd., Fort Pierce, FL 34947 q-.2 3 - 0 ci Vie: Ie— -]-/, ('-3 T1 rc-yl I . Tel: (772) 595-0375 * Fax: (772) 595-3617 • Res. Fax: (772) 467-0193 • 1 1 O � C W CU W r V 4 u W • • > ^ 1 TcU orI •+.� • n n�l W o o ;..o .. -Jto 4-J � o 0 r N A OUP O a O �4-J O O u 4-j • Q • r-O CIO O rl� u oo LU a,p b�A W CU 4-j • Zj V > '� O 00 V � � £ m :tl� o £ m CL m § ■ 7 CL M o f E a 0 S \ 2 k) % 'D\ 7> 2 %E § Q E 7> 2 %E \ 0 m 3> 7 J> c 7 z 0 w � CL k @ @ ^ E 2 k ƒ m § t \ \ \ � � Q ■c £9 Lo m9 09 �c — �N &� . �� &� 2� <� ��. 9� �� £ 0 z � w ,>....�:�. . .. . ...... .... . ...�� . 2. , ! ag:;.�� e a @� � m' T U U1 U (n CC) U) c V L.. (D tm 'L Q) 'L CV Qi ca Q Q co Q co �w to . NCN njN NN NCV N ¢�' Q ° Q� z rn w z ! 7 « . .. .. ..� CY "I TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Growth Management Department ITEM NO. VII-i� DATE: 12/15/09 REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI -JD (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) BACKGROUND: 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: (A APPROVED ( ) DENIED (") OTHER Approved 5-0 Motion to continue discussion to January 19, 2010. Coordination/Signatures County Attorney ( ) ': '�n'-" County Surveyor Daniel S. McIntyre County Engineer Michael Powley Originating Dept. ( ) Mark Satterlee CONCURRENCE: Faye W. Outlaw, MPA County Administrator on Harris ERD ( ) �A Karen Smith BOARD OF COUNTY COMMISSIONERS Hearing Date: December 15, 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 POPUP9B403 Shinn Road Equestrian Estates 0 AGENDA ITEM No. VII-B Preliminary PUD Proiect 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 This application was submitted in January 2006, was put on hold by the applicant in July 2007, then reactivated for review in August 2008. The pro- posed 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, as outlined in the agenda memorandum and attachments. 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 • 11/03/09: BOCC continued public hearing to 12/15/09 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. Growth Management MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management Directo fw-171— FROM: Kara Wood, Planning Manager rU Growth Management U DATE: December 15, 2009 SUBJECT: Resolution No. 09 — 066, Preliminary Planned Unit Development for the Shinn Road Equestrian Estates project. (File No.: PUD 06-002) ITEM NO. VII-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 December 15, 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. Specifically, Section 7.01.03.1.2.d provides that no parcel identified as open space shall be less than one (1) contiguous acre." Without depicting the precise areas within individual lots that will comprise the open space, it is not possible to determine whether this requirement will be met. 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). These changes are reflected in the site plan packet most recently submitted by the applicant for the Board of County Commissioners' review. 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. While the revisions to the site plan subsequent to the Planning and Zoning hearing clarify some details, staff continues to recommend denial for the proposed project due to the key inconsistencies listed above. The Board may find, however, that the site plan as proposed is consistent with applicable provisions in the Land Development Code and Comprehensive plan and approve the project as currently designed. To accommodate this outcome, staff has included a draft of Resolution 09-066 for approval with conditions, as well as a draft for denial. 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 Shinn Road Equestrian Estates December 15, 2009 Page 3 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 staff's request. November 3, 2009 — The Board of County Commissioners held a public hearing, which was continued to December 15, 2009 at the applicant's 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. Environmental Resources Department 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 Manage DATE: November 24, 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. Si ature 2 3 4 5 6 7 8 9 10 11 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. testimony and evidence, including but not limited to the determinations: Dennis O'Shea of Stiles Development, thr Thomary presented a petition for a Change in Zoni the AG Zoning District to the PUD (Planned Unit D Estates) Zoning District and Preliminary Planned for the project to be known as Shi Road it subdivision consisting of 532.243 and 106 sin located on the west side of Shinn oximately Road, between NSLRWCD Canal No. 8 a WC 2. On February 15, 20 County Planning 09 mailed to all pr y ow to the heari to agenda by the req 3. On the I, of wh\Pl 500 feet ended to ent Sit 'COMWFlorida, based on the report,IqWade the following Lucido & As agent, 1(Agricultural 1 / 5 acres) �"� Shinn Ro Equestrian elopment Site Plan approval es, a single family residential mily lots. The property is north of Okeechobee :a No. 71. is item was uled lic hearing by the St. Lucie ommissio f which d public notice was published and ithin 500 fe f the subject property at least 10 days prior ie art of the p earing, the item was pulled from the h icant. cie Cou anning and Zoning Commission held a public otice was published and mailed to all property owners abj erty at least 10 days prior to the hearing, and ird o ounty Commissioners that Preliminary Planned Unit ippr al for the project known as Shinn Road Equestrian conditions. 4. On Septem 5, 9, 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 ithin 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, held a public hearing on the Preliminary Planned Unit Development Site Plan for the project known as Shinn Road Equestrian Estates and continued the public hearing to December 15, 2009. File No.: PUD-06-002 12/2/2009 Draft Res 09-066 to Deny - BOCC 12.15.09.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 6. On December 15, 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. IT V. C. FINDINGS OF FACT 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 meet the technical requirement of the St. Lucie County Land Development Co The proposed project will have an undue adverse character of the neighborhood, and other matters 2 and general welfare. All reasonable steps have not been proposed project on the immediate landscaping and screening. The proposed project is not constructed, arrang with the development and use ighboring p district regulations. NOW, THEREFORE, County, Florida, h� conclusions of law: A. IN. adjacent property, the 6public health, safety, minimize any a roug%,building on the design, operated so as not to interfere Wt accordance with applicable I of County Commissioners of St. Lucie set forth above, makes the following ucie County Land Development Code, the pme t project known as Shinn Road Equestrian ?Ian drawings for the project prepared by Thomas revised on October 18, 2006 and date stamped Growth Management on July 23, 2009, is hereby site plan denial is being granted is described as follows: 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; File No.: PUD-06-002 12/2/2009 Draft Res 09-066 to Deny - BOCC 12.15.09.docx Page 2 C E E 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. PARCEL 2 EAST ONE-HALF OF THE NORTHEAST ON SOUTH ONE-HALF OF SECTION 25, TOW ST. LUCIE COUNTY, FLORIDA, LESS R( (On the west side of Shinn Road, approxim between NSLRWCD Canal No. 58 and NSL A copy of this Resolution shall A, which plan shall be placed Director. A copy of this Resolution shall and agent of record as identified RVOGETHER WITH SOUTH, RANGE 38 CANAL RIGHTS OF Road, ed in Part nagement to the developer St. Lucie County. File No.: PUD-06-002 12/2/2009 Draft Res 09-066 to Deny - BOCC 12.15.09.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: Chairman Charles Grande XXX Vice -Chairman Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED this 15th day of Decem A09. BOCFCOUNZY COMMISSI UNTY, FLORI ATTEST APPROVED AS TO FORM AND CORRECTNESS County Attorney File No.: PUD-06-002 12/2/2009 Draft Res 09-066 to Deny - BOCC 12.15.09.docx Page 4 Exhibit A PUD-06-002 Zoning Stiles Development - Shinn Road Equestrian Estates AG-5 -5 0 AG-5 AG 5 GOLDSMITKRD o % AG-5 .50 q.! 'i i AG-5 / a ............. . .......... ` 2 AG-5 AG-5 � / % j AG-5 • • .......... ..... o ....... �. Z m� AG-5 ® Subject parcel Zoning N ...� AG5-Agricultural (1 du/5 ac) 500 ft. notification area I - Institutional Map preparetl Mamh 19, 7009 1A File No.: PUD-06-002 12/2/2009 Draft Res 09-066 to Deny - BOCC 12.15.09.docx Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. 09-066 FILE NO.: PUD 06-002 A RESOLUTION GRANTING 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 FIND IN 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 Thom presented a petition for a Change in Zoni the A, Zoning District to the PUD (Planned Unit D Estates) Zoning District and Preliminary Planned for the project to be known as Shi Road Equestria subdivision consisting of 532.243 and 106 sin located on the west side of Shinn oximately Road, between NSLRWCD Canal No. 8 a WCI 'Co Florida, based on the report,11IISpade the following Lucido & As agent, (Agricultural 1 5 acres) Shinn Ro Equestrian ,elopment Site Plan approval :es, a single family residential mily lots. The property is north of Okeechobee ;a No. 71. 2. On February 15, 20 is item was uled lic hearing by the St. Lucie County Planning ommissio f which d public notice was published and mailed to all pr y owne ithin 500 fe of the subject property at least 10 days prior to the heari to the art of the p earing, the item was pulled from the agenda by the req f th cant. 3. On the cie Cou anning and Zoning Commission held a public he g, of wh 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 r ended to th and o ounty Commissioners that Preliminary Planned Unit Dev ent Site PI appr al for the project known as Shinn Road Equestrian Estate proved, conditions. 4. On Septem 5, 9, 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, held a public hearing on the Preliminary Planned Unit Development Site Plan for the project known as Shinn Road Equestrian Estates and continued the public hearing to December 15, 2009. File No.: PUD-06-002 12/2/2009 Draft Res 09-066 to Approve - BOCC 12.15.09.doc Page 1 6. On December 15, 2009, the Board of County Commissioners of St. Lucie County, 2 Florida, resumed the public hearing on the Preliminary Planned Unit Development Site 3 Plan for the project known as Shinn Road Equestrian Estates, and heard and considered 4 additional testimony on the proposed Development Order for this project. 5 6 FINDINGS OF FACT 7 8 A. The Board of County Commissioners has found that the proposed project is consistent 9 with the goals, objectives and policies of the Future Land Use Element of the St. Lucie 10 County Comprehensive Plan, and meets the technical requi ents of the St. Lucie 11 County Land Development Code. 12 13 B. The proposed project will not have an undue advers adjacent property, the 14 character of the neighborhood, and other matters cting ublic health, safety, 15 and general welfare. 16 17 C. All reasonable steps have been taken to m' ize any adverse effe he proposed 18 project on the immediate vicinity through g desi site design, I ing and 19 screening. 20 21 D. The proposed project is constructed, arranged an rated so as not to interfere with 22 the development and use of neill ring property, in dance with applicable district 23 regulations. 24 25 CONCL ON 26 27 NOW, THEREFORE, BE LVED by t card of my Commissioners of St. Lucie 28 County, Florida, havi a findings fact set rth above, makes the following 29 conclusions of law: 30 31 A. Pursuant to Secti 1. a St. ie County Land Development Code, the 32 Prelin ' anne t project known as Shinn Road Equestrian 33 E ted o site plan drawings for the project prepared by Thomas 34 ido Ass s, P. st evised on October 18, 2006 and date stamped 35 ived by the cie Growth Management on July 23, 2009, is hereby 36 ved subject to follow conditions: 37 38 1. Pr Final P approval, the following corrections shall be made and 39 sho sisten on all site and engineering plans: 40 a) NSL anal No. 56 label and right-of-way width shall be accurately 41 depicte n all sheets. 42 b) NSLRWCD Canal No. 58 label and right-of-way width shall be accurately 43 depicted on all sheets. 44 c) NSLRWCD Canal No. 57 label and right-of-way width shall be accurately 45 depicted on all sheets. 46 d) NSLRWCD Canal No. 71 label and right-of-way width shall be accurately 47 depicted on all sheets. 48 1 e) Existing right-of-way widths and proposed dedication for Shinn Road shall File No.: PUD-06-002 Draft Res 09-066 to Approve - BOCC 12.15.09.docx 12/2/2009 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 31 32 33 34 35 36 37 38 39 40 41 42 43 be accurately depicted on all sheets. f) Label and existing right-of-way width for Header Canal Road shall be accurately depicted on all sheets. g) Areas to be donated to the St. Lucie County Fire District shall be labeled as "Donation in favor of SLCFD" on all sheets. h) Approved street names shall be labeled on all sheets. 2. Prior to Final PUD approval, engineering drawings must specify RCP pipe to be used under all roads. '&, Prior to Final PUD approval, all proposed turn lanes requirements. Prior to Final PUD approval, engineering cr crossing must be provided and approved by t C Prior to Final PUD approval, all impro ent ii requiring drainage improvements shall ddress d The proposed right-of-way donation r Roa be conveyed within 60 days after PUD acceptable to the County Attorney. Prior to Final PUD approval, foot multiuse path within the subject parcel. The multiuse p line. The path may meander to a Prior to final pl I ll it and all Ianitic guarante a sndPrior to Fin D th, location of thei R me?t FDOT design for each canal n pub ht-of-way ie projec Goldsmith shall a manner nd form red to construct a 12- r the limits of the Itimate right of way r6e constructed or bonded, with the project shall be i shall indicate the dimensions and the minimum lot size requirement is , all aspects of the required Developer's Agreement kaWire District shall be finalized. pprovjF, show dimensions of each lot on site. pproval, provide agreement for access across the Canals NSLRWCD. 13. Prior to e*r approval, indicate location on site plan of any model homes, sales offic construction trailer. Sales office and model homes have specific parking a landscaping requirements according to Sections 8.02.02 E and 8.02.02 1 of the Land Development Code 14. Prior to Final PUD approval, the applicant must demonstrate that the bus turnaround exit meets the minimum lane width requirement of 14 feet in order to achieve adequate area for the bus turnaround and exit. 15. Prior to Final PUD approval the site plan shall be amended to depict the exact location and boundaries of all portions of the site that comprise the required open space as indicated in the site data of the preliminary PUD plans. As a condition of Final PUD approval, and before issuance of any further building or File No.: PUD-06-002 12/2/2009 Draft Res 09-066 to Approve - BOCC 12.15.09.doc) Page I development permits, including without limitation any permit to clear or prepare 2 any portion of the subject site, the open space areas so depicted shall be 3 permanently use -restricted by duly recorded instruments that run with the land, 4 prepared to the reasonable satisfaction of the County Attorney and in 5 conformity with Section 7.01.03.1.2.c of the County's Land Development Code. 6 All open space areas in public or common ownership shall be use -restricted by 7 suitable conservation easement, covenant, or plat dedication legally sufficient 8 to bind all present and future owners of each parcel so restricted. All such 9 recorded instruments shall also run in favor of the County and shall provide 10 that they shall be enforceable by the County, acting alon &Lits option, by all 11 legal means, including without limitation enforcement p a the County's 12 Code Enforcement ordinances. The Final PUD sit n and the recorded 13 instruments described above shall also contain that restricts the 14 impervious area of each lot in accordance with t appro reliminary PUD 15 site plan. All such restrictions shall also be p minent the plat. Final 16 PUD documents shall also provide the I designs en space 17 areas, including individual lot open spac 18 16. Prior to Final PUD approval, compl' 'th the unty's Adequ ublic 19 Facilities Ordinance and issuance of a .ca apacity are equired. 20 Neither rights to obtain a final developme er, nor any other rights to 21 develop the subject propert have been gran r implied by the County's 22 approval of this preliminary opment order ut compliance with all 23 other requirements for such ent include out limitation the 24 Adequate Public Facilities provi ns ounty's C of Ordinances. 25 17. Prior to Final PUD approval fo ac h prior to a Certificate of 26 Capacity for ase, the ap nt shall ply with the concurrency 27 manageme es ect at the ti a of Final UD approval and shall enter 28 into pro nate fa hare agre ents as warranted. Specifically, the 29 intersec on ings hway and a Avenue shall be analyzed for 30 impact and ne ty ionate f share contribution. 31 18. d res cove r single-family lots and the Homeowners 32 ssocia ume r Shinn Road Equestrian Estates shall disclose the 33 location of t ve th sanctuary. These documents shall include: 34 A map or d m of area showing the sanctuary site and the master 35 Ian of the d opment. 36 b) erence t savethechimps.org for details on the sanctuary site. 37 In addi he meowners' association documents shall make the County a 38 third part eficiary of the disclosure statement such that the disclosure 39 statement nnot be modified or deleted without the Board of County 40 Commissioners' express prior written consent. The County shall not be a third 41 party beneficiary of any other provisions of the homeowners' association 42 documents. 43 19. Prior to final Planned Unit Development approval, the applicant has agreed to 44 convey to the County a ten (10) foot wide easement, in a form acceptable to 45 the County Attorney, along the south boundary of the Project, as shown on the 46 Preliminary Site Plan, for use as part of the County's Greenways and Trails 47 system. File PUD-06 002 Draft Res 09-066 to Approve - BOCC 12.15.09.docx 12/2/20/2009 Page 4 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 20. The County has agreed to the following terms and conditions, pertaining to the funding and construction of Greenways and Trails on the subject site: a) The County will be responsible for funding and constructing all improvements to the 10 foot easement, related to the Greenways and Trails system, including canal crossings. The County shall not construct the trail within the 10 foot easement without also constructing all necessary infrastructure to make the trail accessible and usable to the public. b) If the County constructs public trails along the 10 foot easement, then the County shall construct a fence along the north bound ine of the 10 foot easement so that public access to the Project is res he fence shall be a three board style horse fence or similar, in ng with the character of the Project. No barb wire or smooth wire f II be allowed. The applicant shall have the right to provide acc point ugh the fence at the applicant's sole discretion. Ah, c) In the event the County does not in?cob the construction rail within the 10 foot easement and the c crossi s in the Cou C ital Improvement Schedule within fi ars fir the date of nary PUD approval and does not complet a e construc ' within seven (7) years from the date of Preli UD approval, then the 10 foot easement shall be moved and the will record all necessary documents to remove the ent and retur unencumbered property to the underlying land own 21. Prior to final Planned Unit Dev me val, the acing of littoral zone plantings of cordgrass shall be d ea 6" on -center, consistent with the other d littoral plan 22. Prior to fi Plann nit Develop ent approval, the applicant shall have either p d cara and any of r a propriate listed species surveys in accordance US and Wildli ervice (FWS) or Florida Fish and Wildlife Cons i (FWC) protocols, as applicable. the lican rovide the Environmental Resources epart h co ndence from FWS (for federally -listed species) and FWC (for st ted s 'ndicating that listed species surveys would not e necessary a site. urveys are warranted, methods and results shall rovided to t nvir mental Resources Department per Comprehensive olicy 8.1.1 . In the event that surveys warrant site plan revisions bas FWS WC recommendations, such revisions would require St. Lucie ty r ew and approval, as per the Land Development Code. Nothing shall impact the applicant's ability to continue bona fide agricultural tivities on the property in accordance with federal, state, and local laws. 23. 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 the Environmental Resources Department with copies of any required federal and state permits. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval as required by the Land Development Code. The applicant will not use the County's development approval to prevent File No.: PUD-06-002 12/2/2009 Draft Res 09-066 to Approve - BOCC 12.15.09.docx Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 compliance with any federal or state agency requirements. Nothing herein shall impact the applicant's ability to continue bona fide agricultural activities on the property in accordance with federal, state, and local laws. 24. Prior to any final plat approvals or approval of any Final Planned Unit Development (PUD) extension requests, all invasive exotic vegetation located within the subject area shall be removed. If the project is phased, exotic removal shall be required for each phase prior to final plat approvals or approval of any Final PUD extension requests for the subject phase. Exotics shall be removed along the entire length of all requested asements prior to any Phase 1 final plat approvals or Phase 1 Final PUD en requests. 25. Prior to issuance of a Vegetation Removal Permit or mption, the applicant shall finalize an improvement agreement accep the Environmental Resources Department covering the cost of all r Ired I aping, irrigation, tree mitigation, tree relocation, and related i v ents a wn in the site plan. A copy of this agreement can be obt ' visiting the cie County Environmental Resources partment web at: http://www.stlucieco.org/erd/index.ht 26. Prior to obtaining a Vegetation Removal it ption for h lot, a detailed development plan shall be submit determine compliance with Land Development Code S tion 6.00.05A&B II as lot -level open space requirements. Detailed deve t plans may i a site plan or building plan, as required by the St. my Land D ent Code, for the area proposed for vegetation r o mitigatio r the area proposed for development shall be include nd ro d by the Environmental Resources DepggUggent prior to is of th tation Removal Permit or Exemption. B. The propertQ-6' h thisre plan appro being granted is described as follows: 19 SOUTH QUA OF SECTION 30, TOWNSHIP 35 SOUTH, RANGE 39 T, LESS TH UTH T AND LESS THE NORTH 56 FEET AND LESS A OF LAND HE E SIDE BEING 60 FEET ON THE SOUTH LINE AND 79 �j THE NOR LIN AND LESS AND EXCEPT THE FOLLOWING: COMMVRORTH OUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTIONHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; 00 DEGREES 23'10" WEST, ALONG THE QUARTER SECTIONANCE 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. PARCEL 2 :ile No.: PUD-06-002 2/2/2009 Draft Res 09-066 to Approve - BOCC 12.15.09.docx Page 6 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 d kings described in Part A, which plan shall be placed on file with the St. Lucie C y owth Management Director. D. A copy of this Resolution shall be mailed, return r Ipt re ed, to the developer and agent of record as identified on the site plan lic ions. E. This Resolution shall be recorded in the Pu ecords of St. Lucie After motion and second, the vote on this resolu ion s folk. Chairman Charles Gran XXX Vice -Chairman Doug Cola Commissioner Chris Craft Comm iu^*erl7 k1Dzadovskv XXX PauWA. Lewis PASSED 11101990UNI&OPTIftis 15th da' y""Tf December, 2009. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST APPROVED AS TO FORM AND CORRECTNESS Deputy Clerk County Attorney 52 File No.: PUD-06-002 Draft Res 09-066 to Approve - BOCC 12.15.09.docx 12/2/2009 Page 7 2 4 Exhibit A PUD-06-002 zoning Stiles Development - Shinn Road Equestrian Estates AG-5 0 w AG-5 -5 GOLD MnNiRD ' A AG-5 500 ft i % T AG-5 / s............ .. ■ / ■ 2 wi AG-5 / i AG-5 AG- o .. Z 0 AG-5 ® Subject parcel Zoning N 500 ft. notification area AG-5 -Agricultural (1 du/5 ac) I - Institutional Map prepamaMamm19.2009 U File No.: PUD-06-002 12/2/2009 Draft Res 09-066 to Approve - BOCC 12.15.09.docx Page 8 51 0 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 St. Lucie County planning and Zoning Commission/Local Planning Agency Commission Chambers, 3rd Floor, Roger Poitras Annex April 16, 2009 Regular Meeting 6:00 P.M. n placed in the e along with these A compact disc recording of this the event of a conflict between heew writtenminutes anld the compact disc, minutes as part of the record. I 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-Offici0 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 II. Minutes 4 Review the minutes from the March 19, 2009 regular meeting, for 5 approval. 6 7 Mrs. Hammer motioned to approve the minutes with minor corrections. 8 9 These corrections have been made. 10 11 Vice Chair Schrader Seconded. 12 13 The motion carried unanimously. 14 15 III. Public Hearings 16 17 E. Shinn Road Equestrian Estates: PUD 06-002 18 19 Petition of Stiles Development for a Preliminary Planned Unit Development Site 20 Plan approval and change in zoning from AG — 5 to PUD for 106 single family 21 lots on approximately 532 aces, for a project known as Shinn Road Equestrian 22 Estates. 23 24 Ms. Wood, Growth Management, TVC Planning Manager explained Agenda Item 3E is an 25 Application for Preliminary PUD Site Plan Approval and Change in Zoning from AG-5 to PUD. 26 At this time, only the preliminary site plan is subject to review; the rezoning will take place only 27 upon approval of Final PUD. 28 29 The subject property is located approximately 1 % miles north of Okeechobee Road between 30 Shinn Road and Header Canal Road. The zoning of the property and all adjacent properties is 31 also AG-5, with the same maximum density of 1 du/5 acres. The exception is the Fire Station 32 which is zoned Institutional. The property is currently vacant agricultural land, as is most of the 33 surrounding property. Other uses include the Fire Station on the east end of the site, across Shinn 34 Road is a citrus packing plant, to the North of the proposed development is the Save the Chimps 35 sanctuary for rescued chimpanzees. 36 37 The Shinn Road Equestrian Estate site plan proposes 106 single family lots between 1 and 5 38 acres each. A total of 80% Open Space is provided, but only 35% of this is outside of private 39 yards. 40 41 Ms. Wood then compared other approved PUD's with this application: 42 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 I 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 0 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 5 1 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 2 I address whether or not you want to include all twenty eight conditions as part of that 2 recommendation. 3 4 Mrs. Hammer's biggest concern was designating open space on private lots. She wanted to know 5 who is going to enforce it because the Home Owner's Association (HOA) Board of Directors is 6 not going to go out and tell someone that they can't do something on their lot and that it has to be 7 open space. It's difficult enough when it is Upland Habitat and trying to make home owners 8 follow regulations. Prohibiting a private owner not caring if it is in the covenant or rules and sign 9 on the dotted line it is not going to happen and a HOA is not going to enforce it. This is why 10 Mrs. Hammer believes the intent was to create eighty percent open space thirty five percent of 11 that hunk of space would be common open space and the housing units would be on the rest of 12 the land so that it would be a contiguous area of open space. 13 14 Mr. Lounds asked if the Building Department reviewed plans for setbacks and such would that 15 not be a red light. 16 17 Mrs. Hammer replied that they would review it for the county setbacks on that lot they would not 18 review it for the HOA deed requirements. 19 20 Ms. Wood stated the Building Department would enforce the basic requirements of the code in 21 terms of set backs, lot coverage and maximum impervious area. She presumes the applicant (she 22 stated "reaching here") does not specifically designate on the plan which areas are open space in 23 the lots so in that way a home owner could decide which areas are the built areas and which the 24 open space areas are. 25 26 Mr. Lounds and Mrs. Hammer discussed how the Building Department enforces basic 27 requirements of the county in zoning district not in a HOA. 28 29 Mrs. Hammer reiterated different set back requirements. Stating you need to open space; the 30 County Building Department is not going to look at the association's rules and regulations. It 31 would not even matter if you had a strong HOA. At the Building Department applicants have to 32 sign a document that states they have approval of the HOA.The Building Department does not 33 check. Residents have signed that they have approval when they have never gone through the 34 Architectural Review Committees of the local HOA. 35 36 Mr. Ferguson respectfully disagreed with Mrs. Hammer's opinion. 37 38 Mrs. Hammer stated this is the experience she has had. 39 40 Mr. Ferguson stated he hopes that the County Building Department is looking at restrictions on 41 the plats and not letting people build where they are not allowed. The restrictions on the plat are 42 the document the Building Department is supposed to look at and enforce. Mr. Ferguson 43 suggested the restrictions can be on the plat and in the covenants that would run with the land. In 44 this case the Building Department and HOA can enforce the open space requirements. 45 17 1 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 8 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 got to say because of rules and regulations the paper says I gotta have it, somewhere along the line we don't need it. It's that type of predicament that staff catches themselves in they can not over ride what is in the documents that says they have to use these guidelines. But every now and then a development like this comes before us that says we don't need a path along Shinn Road, if this was on Jenkins Road you bet, I'd be all for putting a path on Jenkins Road put a fence on it so we can keep people off of it, keep the cars off the people. But not on Shinn Road, not on Carlton Road, not on Sneed Road, not on Header Canal Road you're in a different world folks and there's got to be some other considerations so that these developments of this type can move on and get out in the community where these developments for basically other land growing crops, citrus, tomatoes and such have you can still be a semi type Agricultural Development. They aren't calling this an Ag. PUD, but clearly equestrian facilities is agriculture. And I'd rather see this then I would four houses on one acre with five hundred houses in it. Now you know, Chairman I don't know whether I've further confused the issue or not but". Chairman Mundt stated "I think we better stop there Mr. Lounds before we get any deeper". Ms. Wood stated "for my own clarification what I understood Mr. Lounds to say basically is that the motion is to approve, recommend approval to the BOCC with the recommended conditions that are in the staff report but also with careful consideration about which of those conditions is really appropriate to this project". "Is that essentially what you said? (Mr. Lounds comment is inaudible). Ms. Wood answered alright great thank you". Chairman Mundt stated "thank you for the clarification". Mr. Culverhouse stated; "I don't know if that's what I understood. I understood the motion was to (and he seconded) motion was to approve the application of Stiles Development for a Preliminary Planned Unit Development approval without the twenty eight conditions being part of the approval but with the request that the BOCC consider the twenty eight recommendations (Mr. Lounds interjected "same type of thing Mr. Culverhouse)". Mr. Culverhouse replied "is that what you mean". Mr. Lounds answered "Yes we're there" Chairman Mundt asked "you want the twenty eight conditions considered, but not a part of it". Mr. Culverhouse replied "but not a part of it." Mr. Mundt replied "is that clear everybody. The motion is to move it with approval to the BOCC with the twenty eight items not as a part of it but to be considered. Is that it Mr. Lounds"? Mr. Lounds replied "that's fine with me". E 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 10 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 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 the eighty percent required open space and goes on to, you know, clarify how that should be maintained. So that in my view that was taken care of, of that issue and that's what staff was requesting". Vice Chair Schrader stated "and okay maybe I misunderstood it because I highlighted that but I'm not asking that the applicant identify where they are going to build stuff. I want to maintain open space, so I misunderstood that to mean this is going to remain open this portion of the yard and you put a map or a colored version up earlier that said this one third will remain open. Well that one third maybe come a barn, what I'm is asking is of that total property I think on the large lots it was seven percent has, is, I think I forgot how it was obstructed or unobstructed was the words used, and that's important to me that percentage not the actual location that's going to be obstructed versus unobstructed". Ms. Wood answered "okay". Mr. Lounds and Mrs. Hammer simultaneously replied "Mr. Chairman" Chairman Mundt answered "Mr. Lounds". Mr. Lounds stated "go ahead Ms. Hammer (inaudible)". Ms. Hammer stated, "and my concern is I don't believe I have ever seen an approval of an application where the comments and recommendations from staff were not included and in this case we have twenty eight recommendations and to just blow them off ......(someone interrupted inaudible) That is very frightening. They've always, the motions have always included staff recommendations and in this particular case it was saying just look at them. It did not say included staff recommendations". Mr. Culverhouse stated "if Mr. Schrader's comments were a motion for reconsideration I second'. Chairman Mundt stated "Mr. Schrader". Mr. Schrader answered "they were Mr. Chair". Mr. Mundt stated "alright you have the right to introduce another motion and seconded by Mr. Culverhouse. Is there any discussion"? Mr. Lounds replied, "Mr. Chairman" 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 A.g. 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 I 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 5 6 Chairman Mundt stated, the motion passed 5-4 7 8 Ms. Caron, Mr. O'Neil, Mrs. Hammer and Chairman Mundt dissenting. 9 15 To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION RECOMMENDATION LPA ACTION: 0 APPROVED Agenda Request Item Number Date: Consent Regular Public Hearing Leg. [ ] ME 04.16.09 [l [x] Quasi -JD [ X ] Planning and Zoning Commissioners Pres nted By Growth Management Department M k Sa erlee, AICP Growth Management Director Application of Stiles Development for Preliminary Planned Unit Development approval for a project known as Shinn Road Equestrian Estates. (File No.: PUD 06-002) 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. N/A 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. 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. = DENIED = OTHER 1 2 TO: 3 THROUGH: 4 FROM: 5 DATE: 6 SUBJECT: 7 RESOLUTION NO.: 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 APPLICANT: Commission Review: 04/16/2009 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM Planning and Zoning Commission Mark Satterlee, AICP, Growth Management Direc Kara Wood, Planning Manager Me April 3, 2009 Shinn Road Equestrian Estates Preliminary PUD, PUD 06-002 09-066 GENERAL INFORMATION Stiles Development 300 SE 2"d Street Fort Lauderdale, FL 33301 Tel: 954.627.9195 Fax: 954.627.9288 AGENT: Lucido & Associates, P.A. 100 Avenue A, Suite 2A Fort Pierce, FL 34950 Tel: 772.467.1301 Fax:772.467.1303 SUBJECT: Petition of Stiles Development for Preliminary Planned Unit Development approval for a project known as Shinn Road Equestrian Estates RESOLUTION: Consider Draft Resolution 09-066 denying the petition of Stiles Development for Preliminary Planned Unit Development Site Plan approval for the project known as Shinn Road Equestrian Estates. The petition includes a request for an Amendment to the Official Zoning Atlas to change the zoning from the AG-5 (Agricultural — 5) Zoning District to the PUD (Planned Unit Development) Zoning District. Should the BOCC approve the Preliminary PUD, the change in zoning will not become effective until the property applies for and receives Final Planned Unit Development Site Plan approval. FILE SUBMISSION DATE: January 12, 2006 LOCATION: North of Okeechobee Road and NSLRWCD Canal 71, from the southwest corner of Shinn Road and NSLRWCD Canal 58, west to Header Canal Road April 3, 2009 Page 2 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 Subject: Shinn Road Equestrian Estates Preliminary PUD File No.: PUD 06-002 PARCEL IDs.: 2225-111-0002-000/1, 2330-300-0000-000/1 PARCEL SIZE: 532.243 acres PROPOSED USE: 106 single-family lots e� .TA_ JI L VA 1 A• 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 ntin i QP eNn 7nN1NG- 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 April 3, 2009 File No.: PUD 06-002 Page 3 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 CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity — deferred until Final PUD BACKGROUND INFORMATION The proposed project is a Planned Unit Development in an Agricultural Future Land Use. Over the past two years, the Board of County Commissioners has held a number of discussions regarding the interpretation of open space issues 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 on hiatus for approximately one year while the applicant stated that they hoped to get a clearer sense of what the County would determine as "open space" as defined in the Land Development Code and Comprehensive Plan. When the applicant re -activated the review of the application, staff initiated a meeting to discuss options for resolving the allocation of open space in a way staff could support. In a letter dated November 19, 2008 to Johnathan Ferguson, a representative of the applicant, staff outlined three general options for the site plan: 1. Redesign the lots and streets so that a clear 80% of the total acreage was dedicated to open space outside of individual lots. The example given of this type of Ag PUD model was Shinn Lakes PUD, approved by the Board of County Commissioners on November 20, 2007 (Resolution 07-130). 2. Redesign the lots and streets to achieve greater clustering and less roadway infrastructure. Maintaining a smaller percentage of required open space within private lots would be considered only if all open space were accompanied by some type of restrictive easement. The example given of this type of Ag PUD model was Hunter's Run, approved by the Board of County Commissioners on May 15, 2007 (Resolution 07-022). 3. Maintain the current site design, which contains 45% of required open space within private lots. Staff made it clear that we could support either of the first two options, but not the third option that maintained the current site design. The applicant chose to pursue the third option; in this case staff agreed to move the project through the public hearing as quickly as possible with the understanding that we would be recommending denial. A summary of the project history is as follows: 01/12/2006 Application submitted 01/12/2007 Growth Management received a copy of a letter addressed to the P&Z chair from a law firm representing Save the Chimps outlining concerns over the design of the proposed development. 02/15/2007 This project was scheduled then pulled from the Planning & Zoning Commission agenda by the applicant. 07/09/2007 The project's representative sent a letter to the Growth Management Director requesting that the project be put on "temporary hold ... until there is a clearer direction from the County Commission as to how the Ag PUD open space issue should be handled ...." Subject: Shinn Road Equestrian Estates Preliminary PUD File No.: PUD 06-002 April 3, 2009 Page 4 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 08/29/2008 The applicant re -submitted and re -activated the review for the application. 11/12/2008 Growth Management staff met with the applicant and outlined two alternative site design options that staff would support. Staff followed - up with a letter on 11/19/08 to confirm these alternate options and determine that the current design was inconsistent with the Comprehensive Plan and Land Development Code. 12/11/2008 The applicant met with the Development Review Committee to discuss draft comments on the revised submittal. 12/17/2008 Growth Management sent final DRC comments to the applicant. 01/15/2009 Growth Management received a DRC response letter from the applicant. 01/27/2009 Growth Management received the final re -submittal package from the applicant. 02/19/2009 The Development Review Committee met to discuss the revised submittal and agreed to certify the application to move forward to public hearing with a recommendation of denial. STANDARDS OF REVIEW Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum Standards of Review for all proposed Site Plans. According to this section of the Code, "site plan approval shall be granted only if the applicant demonstrates the following": A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County, and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. Staff finds that the proposed application is inconsistent with the St. Lucie County Comprehensive Plan and Code. In staff's analysis, the intent of the language in both sets of regulations require that the minimum 80% required open space be specifically designated and set aside within the proposed development. In this case, the applicant has included over 45% of the required open space within private lots and has not specifically identified these areas on the site plan. Staff acknowledges that there has been disagreement by some about the application of "open space" language in the Land Development Code and Comprehensive Plan, but staff's understanding of the regulations and their intent is that generally private yards are 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 clearly, specific text that speaks to the source of this understanding has been identified and 2 connected to staffs position. 3 4 Comprehensive Plan 5 Within the Future Land Use Element of the Comprehensive Plan, areas of concern include 6 the following: 7 8 AG-5 (Agricultural — 5) Land Use Category 9 The AG-5 land use designation specifies that "Any activity other than crop or food product 10 related production ... in excess of 200 acres should be in conjunction with the 11 establishment of a Community Development District ... for the purpose of providing the 12 necessary infrastructure facilities to support that development." This project has not 13 proposed the formation of a CDD consistent with this provision. 14 15 Policy 1.1.2.2 16 "Where any new street, road, or other public or private infrastructure is proposed within the 17 PUD it shall be designed in a manner that provides for the grouping or concentrating of all 18 development areas and activities in order to minimize the cost of providing infrastructure 19 and community services to these areas while maintaining a minimum of 80% Open Space 20 (gross area)." The proposed site plan does not sufficiently concentrate the development 21 area, especially in light of the stated purpose of minimizing infrastructure. 22 23 Policy 1.1.2.3 24 Non-agricultural development within the AG-5 land use categories is required to preserve 25 open space, "which is to be defined to include, but not be limited to, agricultural activities 26 such as groves and range land as well as preservation of natural areas." If open space is 27 included within yard areas, the use of these areas clearly does not meet the agricultural or 28 preservation emphasis stated this policy. 29 30 Policy 1.1.2.5 31 This policy does not specifically address development criteria, but rather the requirement of 32 the County to "include in its land development regulations a site assessment process to 33 evaluate the potential conversion of existing or designated agricultural land uses to non- 34 agricultural land uses in a rational and orderly manner." Staff believes, however, that the 35 listed criteria still can be applied to this application as it is a conversion of agricultural to 36 non-agricultural use. It is staffs analysis that the proposed conversion does not meet the 37 listed criteria: 38 Such provision shall require as a condition to such conversion that the Board of County 39 Commissioners affirmatively find that the proposed non-agricultural use: 40 a. is compatible with adjacent land uses; 41 b. maintains the viability of continued agricultural uses on adjacent lands; 42 C. contains soils suitable for urban use as defined by the St. Lucie County soil 43 survey; 44 d. is suitable with existing site -specific land characteristics; 45 e. is consistent with comprehensive development plans; 46 f. will have available the necessary infrastructure concurrent with the 47 anticipated demands for development; 48 g. will avoid the extension of the urban services boundary to create any 49 enclaves, pockets, or finger areas; and, 50 h. could not be feasibly located on non-agricultural land. 51 Subject: Shinn Road Equestrian Estates Preliminary PUD File No.: PUD 06-002 April 3, 2009 Page 6 of 15 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 1 3 4 44 Subject: Shinn Road Equestrian Estates Preliminary PUD File No.: PUD 06-002 C. ADEQUACY OF PUBLIC FACILITIES April 3, 2009 Page 8 of 15 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 April 3, 2009 File No.: PUD 06-002 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 April 3, 2009 File No.: PUD 06-002 Page 10 of 15 1 2. County staff is requesting this analysis be undertaken and can be an addendum to 2 the original submitted TIR. An updated or revised TIR by the applicant is not 3 required. 4 3. The applicant is requested to use the most current Year 2007 traffic data as part of 5 the analysis. 6 7 D. ADEQUACY OF FIRE PROTECTION 8 9 The applicant has obtained from the St. Lucie County Bureau of Fire Prevention written 10 confirmation, or has otherwise demonstrated by substantial credible evidence, that water 11 supply, evacuation facilities, and emergency access are satisfactory to provide adequate 12 fire protection. 13 14 Comments from the St. Lucie County Fire District indicate that they have an agreement with 15 the applicant that involves the conveyance of additional property to the existing Fire Station 16 directly adjacent to the project. ... The applicant just needs to submit the formal 17 conveyance of property to the District.... The Fire District is approving this project with the 18 condition that all aspects of the required Developer's Agreement between the Applicant and 19 the Fire District are finalized prior to Commission Approval." Staff has included a 20 recommended condition in the draft resolution to address this issue. 21 22 E. ADEQUACY OF SCHOOL FACILITIES 23 24 The proposed building or use will be served by adequate school facilities. 25 26 The St. Lucie County School Board has approved the proposed project. 27 28 F. ENVIRONMENTAL IMPACT 29 30 For developments required to provide an environmental impact report under Section 31 11.02.09(A)(5), the proposed development will not contravene any applicable provision of 32 the St. Lucie County Comprehensive Plan, or of Chapter Vlll, "Natural Environment 33 Analysis'; of the St. Lucie County Barrier Island Study Analysis of Growth Management 34 Policy Plan, Kimley-Horn. 35 36 St. Lucie County Environmental Resource Department has reviewed the petition and 37 submitted a report on the environmental impacts of the proposed development: 38 39 Site Description: Habitat, Species & Potential Impacts 40 The 532-acre site is bordered by Shinn Road to the east, Ten -mile Creek (aka North St. 41 Lucie River Water Control District Canal 71 [NSLRWCD C-71]) to the south, NSLRWCD 42 canal to the west, and citrus groves to the north. Ten -mile Creek is a major tributary to the 43 North Fork of the St. Lucie River, and as such, it has been a focus of the Comprehensive 44 Everglades Restoration Plan's efforts toward attenuation and treatment of stormwater flows. 45 Therefore, although the site was along a stretch of Ten -mile Creek not covered by the SLC 46 Land Development Regulation's Shoreline Protection Codes, ERD staff worked with the 47 applicant on ways to reduce high-nutrient/pollutant stormwater runoff from the site. Methods 48 agreed to by the applicant included discussion of Best Management Practices (including the 49 Florida Yards and Neighborhoods Program) within Homeowner's Documents, 50 recommended 300-foot septic set -backs from adjacent canals (particularly Ten -Mile Creek), 51 and provision of educational materials to Homeowners. 52 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 Survevor 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. April 3, 2009 Subject: Shinn Road Equestrian Estates Preliminary PUD Page 14 of 15 File No.: PUD 06-002 ty, the c Impact Analysis be ed 1 17. Prior to the locate the 30% suance of a Cerass gnmentaateficate of lfrom ShinnlRoad to SR 70/OkeeclhobeeoRol 2 as follows relocate 3 east of the project location. 4 18. Prior to the issuance of a Certificate of Capacity, the Traffic Impact Analysis shall be modified 5 to include the assignment of project traffic onto the intersection of Kings Highway and Orange 6 Avenue. The applicant's traffic engineer shall undertake a fair share cost analysis to determine 7 the number of trips that will contribute to the intersection group deficiency. Prior to Final PUD 8 approval, the applicant shall pay the Proportionate Fair Share cost of the development impact 9 on the deficient intersection. 10 11 Environmental Resources Department 12 19. Prior to final PUD approval, the applicant shall work with the ERD Greenways and Trails 13 Coordinator to identify a location for a potential easement to provide a 10' recreational trail. 14 Provision of an easement for this identified location is required prior to issuance of a Vegetation 15 Removal Permit or Exemption and only if equestrian use of trails adjacent to the C-23/24 16 Reservoir has been confirmed by the SFWMD. At any time prior to Vegetation Removal Permit 17 or Exemption issuance, should the ERD Director determine that equestrian use of the trails 18 adjacent to the C-23/24 Reservoir will not be allowed by the SFWMD, the ERD Director is 19 authorized to waive this condition. 20 20. Prior to final PUD approval, the spacing of littoral zone plantings of cordgrass shall be 21 decreased to at least 36" on -center, consistent with the other proposed littoral plantings. 22 21. Prior to final PUD approval, the applicant shall have either performed caracara surveys in 23 accordance with FWS protocols or shall have provided ERD with correspondence from FWS 24 indicating that such surveys would not be necessary for the site. If surveys are warranted, 25 methods and results shall be provided to ERD per Comprehensive Plan Policy 8.1.12.5. In the 26 event that surveys warrant site plan revisions based on FWS recommendations, such revisions 27 would require SLC review and approval, as per the Land Development Code. 28 22. The applicant will comply with any state and federal agency regulations and requirements. Prior 29 to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained 30 and provided ERD with copies of any required federal and state permits. If federal or state 31 agency compliance requires modification to the development plans, the applicant will promptly al as 32 modify willns and notuse themit to County'sCfor review and development pprovalvto prevent)red by the w C. The 33 applicantcmplianceLwi with any 34 federal or state agency requirements. 35 23. Prior to final PUD approval, the applicant shall provide ERD with proposed plans for dedication 36 of common open space areas to a public or acceptable private agency (such as an HOA) and 37 dedication of lot -level open space via a restrictive easement, per Section 7.01.03.1.2.c. 38 24. Prior to issuance of a Vegetation Removal Permit or Exemption for any portion of the Shinn 39 Road Equestrian Estates PUD site, the developers, their successor or assigns, shall either 40 record an Open Space Management Plan as part of the Homeowners' Association Documents 41 or separately. The Open Space Management Plan shall be acceptable to the ERD Director or 42 designee and address specific common and lot -level open spaces. The Open Space 43 Management Plan, accompanied by the Homeowners' Association Documents, if jointly 44 recorded, along with an affidavit and a cashier's check, payable to the Clerk of the Court for the 45 appropriate recording fees, shall be provided to the County Attorney for review and approval. 46 25. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide a 47 copy of the Homeowners Association guidelines (Homeowners/Property Owners Association or 48 Declaration of Covenants documents) for our review. The guidelines, at a minimum, should 49 specify restrictions on any encroachment into the Open Space Areas as well as restrictions on 50 vegetation removal outside the building pad areas per Comprehensive Plan Policy 8.1.8.5. At a 51 minimum the documents shall include: Subject: Shinn Road Equestrian Estates Preliminary PUD File No.: PUD 06-002 April 3, 2009 Page 15 of 15 1 2 3 4 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.stiucieco.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 I RESOLUTION NO. 09-066 2 FILE NO.: PUD 06-002 3 4 A RESOLUTION DENYING PRELIMINARY PLANNED UNIT DEVELOPMENT 5 APPROVAL FOR A 532.243 ACRE (MORE OR LESS) PARCEL OF LAND 6 LOCATED ON THE WEST SIDE OF SHINN ROAD, APPROXIMATELY 1.5 7 MILES NORTH OF OKEECHOBEE ROAD, BETWEEN N.S.L.R.W.C.D. CANAL 8 #58 AND N.S.L.R.W.C.D. CANAL #71, WHICH WOULD PERMIT 9 APPROXIMATELYNROAD EQUESTRIAN ESTATES,rS FOR THE PROJECT MAKING FNDIN F FACT N AS SHIN 10AND 11 DETERMINING CONCLUSIONS OF LAW. 12 13 WHEREAS, the Board of County Commissioners of St. L Co Florida, based on the 14 testimony and evidence, including but not limited to the st report, made the following 15 determinations: 16 17 1. Dennis O'Shea of Stiles Development, thr Thom Lucido & As to ,agent, the A (Agricultural 1 5 acres) 18 presented a petition for a Change in Zoni 19 Zoning District to the PUD (Planned Unit D Shinn Ro Equestrian 20 Estates) Zoning District and Preliminary Planned a telopment Site Plan approval 21 for the project to be known as Shi Road Equestria tes, a single family residential 22 subdivision consisting of 532.24 and 106 sin mily lots. The property is 23 located on the west side of Shinn oximately 1. north of Okeechobee 24 Road, between NSLRWCD Canal No. 8 a WCD Ca No. 71. 25 26 2. On February 15, 20 is item was uled lic hearing by the St. Lucie 27 County Planning Commissio f which d public notice was published and 28 mailed to all pro y own ithin 500 fe of the subject property at least 10 days prior 29 to the hearin . to the art of the p 'c earing, the item was pulled from the 30 agenda by the req f th licant. 31 32 3. On A ta public he cie Cou anning and Zoning Commission held 33 he g, of w e pu otice was published and mailed to all property owners 34 n 500 feet o subJ erty at least 10 days prior to the hearing, and 35 ended to th and o unty Commissioners that Preliminary Planned Unit 36 Dev ent Site PI appr al for the project known as Shinn Road Equestrian 37 Estate a roved/ ied . 38 39 4. On May 19, , th and of County Commissioners of St. Lucie County, Florida, held 40 a public heari hich due public notice was published and mailed to all property 41 owners within 5 eet of the subject property at least 10 days prior to the hearing, on 42 the Preliminary lanned Unit Development Site Plan for the project known as Shinn 43 Road Equestrian Estates, and heard and considered additional testimony on the 44 proposed Development Order for this project. 45 46 FINDINGS OF FACT 47 48 A. The Development Review Committee has found that the proposed project is not 49 consistent with the goals, objectives and policies of the Future Land Use Element of 50 the St.. Lucie County Comprehensive Plan, and does not meet the technical Draft Res 09-066 File No.: PUD-06-002 Page 1 4/3/2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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. D. The proposed project is not constructed, arranged and op AML as not to interfere with the development and use of neighboring property, ' cordance with applicable district regulations. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by th o%setf&th ounty Com oners of St. Lucie County, Florida, having made the finding t above, make ollowing conclusions of law: ML A. Pursuant to Section 11.02.05 of the St. Lucie Land Development Code, the Preliminary Planned Unit DevelI nt project to be n as Shinn Road Equestrian Estates, as depicted on the siawings for th 'e prepared by Thomas Lucido & Associates, P.A., lai January1 9, and date stamped received by the St. Lucie Couwth ent January 27, 2009, and is hereby denied. B. The property o PARCEL 1 plan denlis being gTanted is described as follows: THE S ST N 30, TOWNSHIP 35 SOUTH, RANGE 39 EA S SOU 4 FEET D LESS THE NORTH 56 FEET AND LESS A S OF LAN THE S!PE BEING 60 FEET ON THE SOUTH LINE AND 79 ON THE NO IN E SS AND EXCEPT THE FOLLOWING: CO CE AT THE UTFItAST CORNER OF THE SOUTHWEST QUARTER OF SE( , TOWN IP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; NO 00 DEGREES 23'10" WEST, ALONG THE QUARTER SECTION L 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 2 3 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 AL Director. D. A copy of this Resolution shall be mailed, return recei mw uested, 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 Commissioner Doug Cow, Commissioner Chris Craft Commisiffher PASSED AND DULY ATTEST Deputy Clerk XXX XXX W"JIUM 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 EA Exhibit A Map File No.: PUD-06-002 4/3/2009 Draft Res 09-066 Page 4 cn N co C� o c N C: w A rn (o N 111 r O cn I N = C.0 a N � �' W V ( o a CD CO 7 0t 1 �' y✓s FtN U v d .C7 cn i N °yaw s� 24pO� vhS{ ib RIJBt L p a 1O b n sruY.O 2 y -' Su 1P Slate PK`^y m m O e S 41SZ S St aM l a 7 P'�18 osmM m @ PH u E 4 O I - Pnl6 m PM9 alonj 1S Yod w Nn> . >i aaN pa sw�uaf ouuo '3 -y m a�awyse0 m N Y m pnl e n PH )G!gd MI a `b 3 it PAH SDUPMH s IN FM>id PAIS .Iwop '� m v� ouuo N � c PH aIoulwas a 1 any uosiaw3 P uolsu40f I o a ° PH uolsuyof I PH pu.tilqm z I O I C U I O Paoa uu14S Z 1 a °' PH awj a -H r I y m U a m py leuep 1apeaH N U U PH IPI°H I -PI U I U � CD U � P21 paaug Q P2! uoy�e0 O (n COL I IeueO 4Z-O _ 1 c U 1 Q 1 U jO IeueO I I v� 1 I D I m t � a I eFotd A I 1 0l� I I I I 1 I I I I---_--__— Alunoo aagoyoaa)/o c Ll L Lo 6 Z-< N Lo a Q N Oi f0 N LC a a Lo (i V Lo U) a 6 � a W SS 'ON IVM:5-0n AlSN Q21 NNIHS m - ■ cr ■ ■ W ■ ♦• ■ 9S.ON�I\JN dO�4INMRSN m • O ■ Q I..L (UC ■ a2i13JaR18MQ�11 � o - �_' Lo '� ■ MEMO ■■■■■■ ■ Z Z ■ m }� � a � Q ■ O1 w Qi 'MiflVNVVRIA ■ GS ISN ■ p N CL ■ ■ ■ ._ U C O (D Q z ■ N Q _ Lo ■ ■ Qi o ■ ■ C/) ■ C O w. Uca U Lo Lo Lo �_ C� (D (D a ° � a a a U o o U) Lo ,.� .■ .■ �. r OFFICE USE ONLY DATE FILED: REVIEW FEE: RECEIPT NO: SP NUMBER: RESOLUTION NO: CONCURRENCY FEE: RECEIPT NO: CERT. CAPACITY NO: ` ST. LUCIE COUNTY f COMMUNITY DEVELOPMENT 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982-5652 561-462-2822 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 Fee Less than 20 acres $1500.00 S 500.00 + $5.00 per acre 20 acres to 50 acres $ 1,800.00 > 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 Tend 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 Development under common ownershj2 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 FM each business day to meet applicable filing deadlines. For an application submission to be determined complete, all required materials must be present at the time of submission. PROJECT INFORMATION LOCATION/SITE ADDRESS SE corner of Shinn Road and NSLRWCD Canal 58 UD/PNRD/PMUD NAME Shinn Road Equestrian Estates ROPERTY TAX ID # 2225-111-0002-000/1 2330-300-0000-0000/ 1 LEGAL DESCRIPTION (attach extra sheets if necessary) [ECTION Please see the attached legal description i 25 & 30 TOWNSHIP 35S RANGE 39E PARCEL SIZE ACRES 530.4 SQUAREFOOT 23,104,224 ZONING DISTRICT AG-5 LAND USE CLASSIFICATION AG-5 ESCRIPTION OF PROJECT Project is designed as an Agriculture PUD consistent with the Comprehensive Plan and Land Development Code. The project provides 106 single family lots on 530.4 acres of land. TYPE OF CONSTRUCTION (Check [ ✓ ] RESIDENTIAL NUMBER OF RESIDENTIAL 106 all appropriate boxes) TITS/SUBDIVIDED LOTS [ ] COMMERCIAL TOTALSQUAREFOOTAGE [ ] INDUSTRIAL TOTAL SQUARE FOOTAGE ] OTHER PLEASE SPECIE NUMBER 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 KING I consistent with the St Lucie County Comprehensive Plan. 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 any portion of the Land Development Code or the Comorehensive 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, SFWMD Permit Data ✓ SITE PLAN INFORMATION: (Refer to Section 11.02.09(A)(3), St. Lucie County Land Development Code) Yes No Yes No Location, Dimension, and Setbacks for all ✓ Parking & Loading Areas buildings 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) Agent Information Name: Stiles Development 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 allyronerty 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 au ization fo the ove applicant or agent to act on behalf of said property owner. e Property Owner Signature Property Owner Name (Please Print) Mailing Address; 300 SE 2nd Street Fort Lauderdale, FL 33301 Phone: (954) 627-9300 STATE OF FLORIPA COUNTY OF The foregoing instrument was acknowledged before me this day of �_, 20 0& , by _PIWM� 0J/iPc, who is personally known to me or who has produced --- as id ific/aLtion. Signature of Notary Patricia Clements OFFICE USE ONLY Project Reviewer: DRC Review: Approval Date: Comments: Type or Print Name of Notary Notary Public Title,,Yp,, , Patric' Clements Commission Number ��c+: CommissionilpD215188 ..z Expires: Jul' 14, 2007 BondedThru Atlantic. Bonding Co., Inc. (Seal) 1. 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 nmr►L V , () t S�]2& Print owner's name Mailing Address: 300 SE 2nd Street Phone: 9.54-627�,9300 loth Floor Fort: Lauderdale, FL 33301 The forSkoing instruments +as ac nowledge ere-rna this�day of , 2006, by/%%%!% (J ZP� = personally bwn to me o ho has pr ced as identification. C etn nts Notary Signature Print Notary Name Notary Commission Number (Seal) Patricia Clements Commission #DD215188 �5 Expires: Jun 14, 2007 '��"oi �` Bonded'Mru ''��"I, 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 b. 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 1. Purpose AGRICULTURAL - 5 The purpose of this district is to provide and protect an envfronment4suitable for productive comme�clal 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. Permuted Uses a. Agricultural production - crops (o,) b. Agricultural production - livestock & animal specialties (oz) C. Agricultural services (off f- d. Family day care homes. tmi 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. (§�q) f. Fishing, hunting & trapping (09) g. Forestry too •h. Kennels. (om')- i. Research Facilities, Noncommercial (m3) j. Riding stables. v999) 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. pwi) C. Airports and flying, landing, and take -off fields. (4se,) d. Family residential homes located within a radius of one thousand (1,000) feet of another St. Lucie Canty Lard Development cods Adopted August T;1990 3-9 Revised Ttwwgh.orfM/04 . such family residential home. tm) e. Farm products warehousing and storage. t422vizm f. Gasoline service stations. (sw) g. Industrial wastewater disposal. t9m h. Manufacturing: . (1) Agricultural chemicals Rsn (2) Food. & kindred products t (3) Lumber & wood products, except fumiture (24) I Mining and quarrying of nonmetallic minerals, except fuels t14) j. Retail trade: " (1) Farm equipment and related accessories (999) (2) Apparel & accessory stores tso k. Sewage disposal subject to the requirements of Section 7.10.13 t999) 1. Camps - sporting and recreational von) M. Off -Road Vehicle Parks, except go-cart raceway operation or rentals (MM, subject to the requirements of Section 7A 0.21 (m) n. Outdoor shooting ranges, providing site plan approval: is obtained according to the. promislons of Sections 11.02.07 through 1.1.02.09 and Section 7.10.19 of this Code. 8. - 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. Igo) SL Lucie County Land DweloPmed Cod" 3 - 10 Re»sed Th►«rph.U6✓7$loa AdWied Aopust 1",1990 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: 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 Date Sent: 3/18/2009 Attention: James A. Beams Sign Uv 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 1, , 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 1180 PUBLICAOTICE 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, fora project to be known as Shinn Road Equestrian Estates. The Public Hearing for this matter will be held In the County Administration Building, Virginia Avenue, Fort Pierce, on Thursday, April 16, 2009 @ 6:00 pM00 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. APPLICATIONS ARE AVAILABLE FOR REVIEW IN THE, ® DIVISION O� N to O 7 a d LL 0 m m m v c 0 C d N N N N m N N9 N N N N M M t0 t0 O to N N In O N N N 7 10 O M N M O M '- O lD W M (O O W O l0 O O O W N N N O O r a0 O O V N O O l0 O l0 O U (p M N N N O N (D O V O O n lr w (p V N O o 0 C O O m V O O O O V V V O Cf ml N m MV O r O O M M M M M M M M M M M M M M M M M M N M M M M M M M M M M M M M M M M M M M M M M M M M M M i (n J J J LLLLLLLLLLLLLLLLLLLL J J J J LL LLLL LLLL LLLL ZLL LLLLLL LLLLLL LL LLLL LLLL LL LLZLLLLLLLLLLLLLL LL F LL Z ZLLLL LLLL U cLi (Li °u`' L U m N m 'O u u u a u w m u N u u � N m E u u 6> m N N '00 N m 'VO N o O w m,-xmaao C C w U7 N N w Ea N O Ca N N 'I'0amaao N N w N U N N d N Ja'asamo N am aa'a'a a'a a �c'a'aamd'ma'� C J C J Y U 0 0 0 C C OC'C m LLLi li LL0Z O U m m>lLLLL >LLLLL I i I >> LL� ll LL LLl mLL> 0 M O M O M Q K LL' > m N > EK�w m =2 >> ik m ik y y y y y y y y 3 N V O m C (y y N y a N Y L N G) Q Q y C Y m y C Y 1p C C C C C C m C N Q (n Nn Y Y L Y C l7 CJ .Y Y Y O (p N C O C O TT O � x O-L N p N N N w NO> OY Ol Ol Uy 'co Om W m mc70�_(o m n 0 oMoo nO O O l0 N mm0Uv O l0 In O O V' N N O M N O O O N N N 0N O N M M O O O Q O N LL m 'y0 m N C d > m a 0 N E N O d C ° C 7m v z a` O m U d m p J K m a E m `m m Q O F o a > E c J F F C O F U) W O F U J Q U J a O U U C C a F Q O C C U v N � >> r UyU U g a +xm.. 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Anywhere, FL 34982 RE: Shinn Road Equestrian Estates, File No. PUD 06-002 GROWTH MANAGEMENT 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 HRIS DZADOVSKY, District No. I • 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.gov 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 GROWTH MANAGEMENT - Phone (772) 462-2822 FAX (772) 462-1581 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA 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.09-066 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 s58 AND N.S.L.R.W.C.D. CANAL a71, WHICH WOULD PERMIT 106 DWELLING UNITS FORTHE 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. PARCEL 2 THE EAST ONE-HALF OF THE NORTHEASTONE-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. teMcti wit 91"De 1,rP enl N Sninn nO�E Equen,lrn E"" PUD-0 4X12 N -\ (i ,§ YI al suei•a prep" a 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 Thursday. April 16. 2009, beginning at 6.00 P.M..Mor 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, 2n0 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 286 0105 Florida Statutes it 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 swom in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at 7721462-1777 or T.D.D. 772/462-1428, PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/CRAIG MUNDT, CHAIRMAN PUBLISH DATE: April 2, 2009 SHINN ROAD EGUESTRIAN ESTATES TRAFFIC IMPACT ANALYSIS Prepared for ENGINEERING DESIGN 6 CONSTRUCTION PINDER TROUTMAN CONSULTING, INC. 5114 Okeechobee Boulevard, Suite 210 West Palm Beach, FL 33417 (561 ) 296-9698 Brea M. Troutman, P.E. Flo idRistration #45409 #PTC05-031 S August 8, ZOOS Revised April 5, Z006 DEC 09 2009 VTC19 Trip Distribution A directional distribution was developed based on a review of land use patterns and existing travel patterns. Exhibit 4 shows the assignment of new daily project traffic to the surrounding roadways as well as the project's impact (% of daily service volume). Future Traffic Conditions Roadway Improvement There are no roadway improvements scheduled within the area and scope of the project. Committed Trips Committed development traffic must be included in the projection of future traffic volumes. The St. Lucie Urban Area MPO maintains a database that includes the committed trips by roadway link. This data is part of the count data which is provided in the Appendix. Roadway Link Capacity Analysis Exhibit S provides future daily traffic projections for the surrounding roadways. The total traffic consists of existing traffic plus committed trips plus new project traffic volumes. All analyzed roadway links are projected to meet the adopted level of service standards. Driveway Volumes The project's Grand Entryway is connected to Shinn Road. The driveway volumes are shown on Exhibit G. It is proposed to provide a northbound left turn lane and a southbound right turn lane on Shinn Road at the project entrance. Conclusions This analysis shows that roadway links surrounding the site are projected to operate at adopted levels of service with the proposed development. r6-u_115 4-5-06 2 Shinn Road Equestrian Estates EXHIBIT 1 PROJECT LOCATION Not to Scale ROAD 08-08-05 05-031 S IPTC Al 0 m �D a o � A � a n- a a c a et as O. p CD n - flr m O c r. � F, T O rD rD O 0 N O -. r rD (D S C O or 7 n T O D :3 -+ :3 Jo C O a � ui N D M n CD X Q- Z cn A A w w N c ^► 3Ln ^! �D L.D Do N cr O fD 7 t �D -� —� In M A A Q X v N 0 N O O A 0 0 0 0 0 � OQ tD �D I.A w Gn+ r o O 0) 0 c0 o 0 0 0 0 0 0 •�► nno�o��n0 7 O L'. CD O �r r.d W C eC 'i H � O W f0 toW r C7 c o_ a ii N I- C n �' E H F- H � N + p� X O J O O1 O c V II H J 0 •r O O r r C W O H V N E 0J b N � MC C_ l/7 !O C J a a -° H O IT IT CC) r.d O � M M �D �D A w O H N N C r Ll'f A N M C � O Oi + y X V O •� 0 II 0 .y C �O O C u.i - O ~ V fV E H b LL J N v � a H O M M _ a+ O � CL N N N H A � Q rr O n n C n M n M � M � 1'1 OC O C + O X e� C � C J O II J In C) C O C W -p O H - V r,4 E H Lo LL- 4! M C_ f0 N tA rco'd C 0 w L n c 0 ry d c v U F- w H 6J c c .on c w c 0 2 O c- c ro H 0 d c ai 0 Not to Scale ORANGE AVENUE 68 Q o x w H U Q A 329 C W C) 3.6�2% Q � d d GOLDSMITH W 2%ROAD00.0 22 28% Q 0.24% 307 70 0.89% FLUME ROAD ROAD 70 OB 4% Project 0.48% ° 8.44 /° °O� 30 /° 329 CARLTON ADAMS ROAD 2.38% 40% 5% Li 1% 439 55 II 4.82% 20% 0.40% 0.12% 219 2.41°'° 712 IS° 70 119°/ MIDWAY ROAD 20% 1.59% LEGEND 20% - PROJECT TRAFFIC DISTRIBUTION 219 - DAILY TRAFFIC ASSIGNMENT 2.41 % -PROJECT TRAFFIC IMPACT I 04-04-06 I 05-031 S Shinn Road EXHIBIT 4 Equestrian Estates TRAFFIC DISTRIBUTION PTC IA 0 U m m m U U J p 0101000 J of M M a1 V rn v N co v M -zt CO z (-J CV J_ Q 0 v m m N 0 M N rn N M l0 n a r- E y 0 0 r\rnU,) ^ rnv Ln v E •c o � U o 0 0 0 0 0 0 0 0 0 0 0 o v_ o o -! -1 x p v co Ln uj ry c N N N N N A J O N Ln co rn rn b E N^ N M v v to Z y a. 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INTRODUCTION 1I. METHODS.....................................................................................................................1 III. RESULTS.......................................................................3 A. Soils.....................................................................................................................3 B. Vegetative Communities.....................................................................................6 C. Listed Species.....................................................................................................6 D. Wetlands.............................................................................................................9 1V. SUMMARY ............................................................... ..................................................... 9 A. Vegetative Communities.....................................................................................9 B. Listed Species...................................................................................................10 C. Wetlands...........................................................................................................10 REFERENCES......................................................................................................................... I I LIST OF FIGURES Figure 1. Location/Topographic Nlap........................................................... ........2 Figure2. Soils Map .......................... ..................................................................................4 Figure 3. Vegetative Communities Map............................................................................7 Ho ENVIRONMENTAL IMPACT REPORT SHIPIN ROAD EQUSTRIAN ESTATES SHINN ROAD 530-ACRE PARCEL ST. LUCIE COUNTY, FLORIDA I. INTRODUCTION Environmental Services, Inc., (ESI) conducted an envirorunental assessment of the Shinn Road 530-acre parcel on 27 October 2005. ESI conducted a gopher tortoise (Gopherrrs polyphemus) survey and a crested earacara (Caracara cheriway) nest survey on 29 and 30 March 2006. The property is located in Sections 25, and 30, Township 35 South, Ranges 38 and 39 East, St. Lucie County; Florida (Figure 1). The site is 530 acres and is bordered by Shinn Road to the east, Tenmile Creek and citrus groves to the south, North St. Lucie River Water Control District Canal and citrus grove to the west, and citrus grove to the north. The purpose of this assessment was to document occurrences of any significant envirormnental resources including vegetative communities, jurisdictional wetland areas, and listed plant or wildlife species. II. METHODS Prior to the site visit, the U.S. Geological Survey 7.5-minute Quadrangle Topographic Xlap, Fort Pierce NW 1949 (Photorevised 1983) and the Soil Survey of St. Lucie County Area, Florida (U.S. Department of Agriculture 1980) were reviewed to determine topographic features and site soil mapping units. Copies of the most current (2004) LABFNTS Digital Orthographic Quadrangle aerial photograph of the parcel was obtained and reviewed to determine potential location of envirorunental features. Vehicular and pedestrian surveys of the parcel were conducted to map approximate locations and boundaries of significant envirorunental resources, vegetative communities, exotic vegetation, wetland areas, and occurrence of listed plant or wildlife species. Approximate locations of vegetative community cover type boundaries and other features were mapped on au aerial photograph of the site. Vegetative connrnunities were identified in accordance with Florida Laird Use Cover and Forms Classifications Systems Handbook (Florida Department of Transportation 1999) (FLUCFCS). Wetland protection is mandated under both federal and state regulations. The U.S. Army Corps of Engineers (CE) regulates activities in Waters of the United States pursuant to the Clean Water Act (PL92-500 Section 404) as finther defined in the CE regulatory program (33 CFR 320-330). The State of Florida Department of Envirorunental Protection (DEP) has established wetland identification and permitting processes at Chapter 62-330, 62-340, and 62-312 of the Florida Administrative Code (FAC). Current federal and state wetland definitions are derived from the original definition found in 33 CFR 328.3, identifying wetlands as "those areas that are inundated, or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions". Delineation of federally regulated jurisdictional 1 ENVIRONMENTAL i SERVICES, INC. Location/Topographic Mal) Shinn Road 530-acre Parcel St. Lucie County, Florida . i 1 1 1 Figure: Project: EF05111 Date: November 2005 wetlands is determined by the Corps of Enghieers wetlands Delineation Manual (USAF Waterways Experiment Station Environmental Laboratory 1987). Delineation of wetlands regulated by DEP and South Florida Water Management District (SF1VMD) is done according to Chapter 62-340 FAC, Delineation of the Landward Extent of Wetlands and Surface Waters. The Florida wetlands Delineation Alanuol (Gilbert et al. 1995) serves as a guide to Chapter 62-340. Both manuals, which emphasize the identification of hydric soils, hydrophytic vegetation, and wetland hydrologic conditions in malting wetland determinations, were used in this investigation. Listed species of plants and wildlife are found in Florida's Endangered Species, Threatened Species and Species of ,Sj)ecicrl Concern, Official Lists (Florida Fish and Wildlife Conservation Commission 2004) and Preseri,atiorr of Notive Flora of Florida, Chapter 513-40.0055 (Florida Department of Agriculture and Consumer Services, Division of Plant Industry, April 2004). Aiiy occurrences of listed species were recorded. III. RI+JSULTS A. Soils The soil within the parcel is mapped as Arents (5), Chobee loamy sand (11), Riviera sand, depressional (37), Wabasso sand (48), Winder sand, depressional (54), and Winder loanry sand (55) (Figure 2). The natural soils have been considerably altered because the entire site was cleared, drained, and managed for citrus production. The soils are described as: 1. Arents 46 to 65 percent slopes (5). This soil consists of soil excavated from canals and piled alongside. Most areas are long and narrow and have narrow ridge tops. Spanish needle (Bidens alba), natalgrass (1felinis reperis), and a few other native grasses have colonized this series and produce a sparse cover in some areas. 2. Chobee loamy sand (I I): This poorly drained, nearly level soil is in small to large drainageways, and on low lying flats. The water table is above the surface for 6 to 9 months in most years and within a depth of 10 inches for most of the rest of the year. In dry seasons, it is below a depth of 40 inches for short periods. A large part of this acreage has a water control system established and is planted in citrus. Typical natural vegetation for this soil type comprises scattered pickerelweed (Ponteclaria cordata), lilies (Crirrron spp.), sawgrass (Cladhan janraicensis) in treeless areas, and cypress (Taxodh nr spp.), swamp maple (Ater rubrrurr), sweetgum (Liquidainbar styraciflua), water oak (Quercus nigr-a), and cabbage palnn (Sabal palmetto) in wooded areas. 3. Riviera sand, depressional (37): This poorly drained, nearly level soil is in depressional areas. This soil is ponded for 6 to 9 months or more annually. The low ridges are covered with water for periods ranging from a few days to about 3 months. The water table is within a depth of 40 inches for most of the rest of the year. Only for short periods in the dry seasons is the water table below a depth of 40 inches. This soil is not ponded in drainage districts or in other areas that have water control systems. Typical natural vegetation for this soil type comprises scattered sandweed 3 54 � I z z,•. I K u A 1 55 + i 'iemnile� . I L ' i t} 54 55 55 I0 500 1200 Feel 0 0.1WW�S 0.30 Km iSource: Soil Survey of St. Luce County A,ea, Fledda, 1977. Secton 25, To..nsWp 35 South, Range 39 East, and (, Section 30, To:,nshlp 35 South, Range 39 East 1 ENVIRONMENTAL SERVICES, INC. I Property Location 125 54 5` 11 ' Soil Map Units 5 - Arents, 46 to 65 percent slopes 3�j 11 - Chobee loamy sand j 37 - Riviera sand, depressional _ 48 - Wabasso sand 54 - Winder sand, depressional 55 -Winder loamy sand' j I Soils Map Figure: 2 Shinn Road 530-acre Parcel i Project: EF05111 St. Lucie County, Florida � Y j ,Date: November 2005 ' (H)pericunr fasciculcrtum) and corkwood (Stillongia aguaticci) in depressional areas, with blue maidencane (Antphicathunt nruhlenberiannin) and cypress along the depression ridge interface, transitioning to slash pine (Pinrts elhottii), longleaf pine (Pilots palustris), waxmyrtle (ill))rica cerifera), cabbage palm (Sabol palmetto), sawpalmetto (Serenoa repens), and chalky bluesteln (Andropogott virgh ions) on the ridges. 4. Wabasso sane] (48). Wabasso sand is a poorly drained, nearly level soil found in flatwoods. Under normal conditions, the water table is between depths of 10 to 40 inches for six to nine months in most years, and at a depth of less than 10 inches for one to four months during the summer rainy season. The water table is below a depth of 40 inches during dry seasons. Typical natural vegetation comprises cabbage palm, longleaf or slash pine in the canopy, with saw palmetto, ruru)ing oak (Ouercxs elliottii), pineland threeawn, and Florida threeawn (A)'istida r/ri onjopltora) in the groundcover. 5. Winder sand. depressional (54): This poorly drained, nearly level soil is in depressional areas. This soil is ponded for 6 to 9 months or more. annually. The low ridges are covered with water for periods ranging from a few days to about 3 months. The water table is within a depth of 40 inches for most of the rest of the year. Only for short periods in the dry seasons is the water table below a depth of 40 inches. This soil is not ponded in drainage districts or in otlier areas where the water control systems have been maintained. However, if the water control system is not maintained, the soil call become ponded again. A large part of the acreage has been cleared and is planted in citrus. Typical natural vegetation for this soil type comprises scattered sandweed (Itypericamr fasciculatuni) and corkwood (Stillongia acluatica) in depressional areas, with blue maidencane (Atnphicat pum muhlenberia»unt) and cypress along the depression ridge interface, transitioning to slash pine (Phnis elhottii), longleaf pine (Phius palustris), waxmyrtle (At))rica ceryei ra), cabbage pahn (Sabal p(ilmetto), sawpalmetto (Serenoa repens), and chalky bluestem (Arrdropogon virginicus) on the ridges. 6. Winder loamy sand (55). Winder loarny sand is a poorly drained, nearly level soil found along drainageways and in hanunocks. The water table is normally between depths of 10 to 40 inches for most of the year, and less than 10 inches for two to four months. The water table is below a depth of 40 inches for short periods during dry seasons. Typical natural vegetation comprises cabbage palm, willow oak (Quercus phellos), and scattered longleaf and slash pine ui the canopy, with an understory of saw palmetto and wax myrtle. Groundcover also comprises pineland tlu-eeawn and blue maidencane. 5 B. `Vegetative Conlinuuities The parcel is dominated by citrus grove with associated vegetation. Existing vegetative communities on the parcel were mapped using FLUCFCS (Figure 3). The vegetative communities are described as follows: Citrus Groves (FLIJCFCS 221). The citrus grove community is the primary cover type for the property. This convnunity was actively managed for the production of citrus. Currently the citrus is bedded with a water management system in place. The area between beds is vegetatively comprised of bahai grass (Paspaluml spp.), prinu•ose willow (Ludwigia peruviana), dollar weed (Hydr•ocolyle spp.), snaartweed (Polygoniv?i densiflorum), common beggarticks (Bidens alba), and ragweed (Amrbrosia artemisiifolia). This vegetative convnunity occupies 412.57acres. 2. Ditches (FLUCFCS 510). A series of lateral ditches traverse the property and are actively managed for the production of citrus. The ditches include maidencane (Pcniici m2 hei?iitomon), cattails, (Typha domingerrsis), smartweed (Polygomim densiiflorumi), water lettuce (Pistia stratiotes), duckweeds (Lemma spp.) and primrosc willow (Luchvigia pei-mpiana). This community occupies 3.44 acres. 3. Improved Pasture (FLUCFCS 211). Improved pastures are areas in which pasture grasses are the most dominate vegetation. This cover type is composed of land which has been cleared, tilled, reseeded .with specific grass types and periodically improved with brush control. The conunon grasses found in this community include bahia grass, smut grass (Sporobolus indicus), vasey grass (Paspalum w-villie) and field paspaluin (Paspalumn leave). Tlus community occupies 114.18 acres. C. Listed Species Prior to the initiation of field work, a background literature search was conducted to evaluate which protected plant and animal species have the potential to occur in St. Lucie County. Listed species of plants and wildlife are found in Florida's Endangered Species, Threatened Species and Species of Special Concern, Official Lists and Preservation of 1Vative Flora of Morida, Chapter 513-40.0055. The U.S. Fish and Wildlife Service (USFWS) online databases were reviewed to research distribution ranges and suitable habitat types in order to evaluate potential threatened and endangered floral and faunal population occurrences within the project vicinity. A database search of documented nests of species known to occur within St. Lucie County, bald eagle (Holiaeetus leucocephalus) and crested caracara (Col-acara cheriway), was conducted and none were noted for the property. 6 fhis parcel exhibits habitat conducive to several listed and non -lister] species. A listed species survey was conducted as part of this assessment by a series of pedestrian and vehicular transects tlu•ough the property. Observation of species listed as protected by federal state or local enviromnnental regulatory agencies were noted. The list below identifies wildlife species noted on the site that are listed by Florida Fish and Wildlife Conservation Commission (FFWCC) or USFWS. Listed Status ' Common Name Scientific Name FWC ___ USFWS Wood stork Ifycteria America►?(I E E Crested caracara Caracara cheriway T T Great blue heron Ardea herodias SSC Snowy egret Egretta thulo SSC White ibis Eudocimus albus SSC Little blue lieron Egretta caerulea SSC Tricolored heron Egretta tricolor SSC Green heron Butorides virescens SSC Northern Harrier Circus cyaneus SSC Red shouldered hawk Buteo lineotus SSC American alligator Alligator Inississippierlsis T T (T) Tlu-eatened (E) Endangered (SSC) Species of Special Concern Avian species noted on site were identified as either flying overhead or foraging. No nests were observed on tine property or immediately adjacent to the property. Wading bird rookeries were not observed and are not known to occur on the property or adjacent to the property. Non -listed wildlife or signs of species observed included various mauunal and birds. All species of wildlife observed and documented are typical representatives of the habitats found on the project site. None are unusual for the St. Lucie County area. A red bellied woodpecker (Ifelanel pes carolinus) nest cavity was documented near the northeastern property boundary in a fence post. A gopher tortoise survey was conducted on 29 March 2006. Survey methodology included pedestrian transects of suitable gopher tortoise habitat and vehicular transects of any marginal habitat. This survey methodology was designed to exceed tine FFWCC requirements. No gopher tortoise burrows were identified. A caracara nest survey was conducted on 29 and 30 Mardi 2006. ISI scientists conducted a tree -to -tree survey of all suitable caracara habitats and all on -site cabbage palms and all cabbage patens adjacent to the property. Two caracaras were observed foraging both onsite, in the improved pasture; and on the adjoining properties to the north racara flight paths tools the birds south of the property and east. In both instances, the ca and south of' State Road 70. No caracara nests were identified. D. Wetlands Due to the drained and managed nature of the property, the site did not exhibit wetlands that Nvould be considered jurisdictional by ShWN4D. Drainage ditches on the property will be considered "other surface waters" by SFW1\4D. Due to the majority of the property being within historically hydric soils, CE would take jurisdiction over the surface waters and any questionable areas adjacent .vithin 200 feet of the surface waters or contiguous within 500 feet. Specifically, in order for an area to be considered jurisdictional by CE, there must be the presence of hydric soils and vegetation, as well as indicators of hydrology. Due to the managed nature of the site, historically hydric areas have been drained and should not be claimed by CE with the exception of the on site ditches. IV. SUMMARY A. Vegetative Communities Vegetative communities on the parcel were mapped using FLUCFCS. The primary vegetative conununity types are improved pasture and citrus grove. The property exhibits very few trees, mostly along the various canals and in the southwest portion of the property. St. Lucie County requires mitigation for all qualified native trees that cannot be preserved and incorporated into the development plan; according to Chapter VI Resource Protection Standards. In order to account for this county requirement, a site plan must be developed in accordance with the best avoidance and minimization options practicable for the site. St. Lucie County allows for preservation of trees, replacement of trees, and cash payment as mitigation options for unavoidable tree impacts. All qualified trees have been identified on a tree survey, and are to be preserved and included in the preservation plans. No tree mitigation plan will be required. Other native trees not requiring preservation or mitigation will be incorporated into the landscape plans where feasible. 001 B. Listed Species This parcel exhibits habitat conducive to several listed and non -listed species, All species of wildlife observed and documented are typical representatives of the different habitats on the project site. None are unusual for the St. Lucie County area. Impacts to the current vegetative conummities and to the existing habitat will be off set by the creation of the proposed developments preservation of gtlali lied trees, open space requirements and the creation of the proposed lake system. There are no anticipated impacts to listed species and no net loss of wildlife habitat for this project. According to the Federal Migratory Bird Treaty Act, the red bellied woodpecker shall not be killed, captured or otherwise molested. The nest cavity can not be removed, destroyed or impacted; until it has been determined that doing so will not cause injury to the woodpeckers. C. Wetlands The ditches (FLUCFCS 510) will be considered jurisdictional by the SFN\,'I,TD and CE. SFWPvlD will consider the ditches as other surface waters and therefore no mitigation will be required by SFWMD. The CE will claim the ditches due to the historic hydric nature of the soils and will require a permit for impacts as Nvell as a mitigation plan. Due to the managed nature for the ditches and low quality it is likely that mitigation for the CE could occur withun the on site stormwater system as littoral shelf. A canal (NSLRWCD Canal 58) located on the southern property boundary is labeled on Figure I and 2 as Ten Mile Creek. St. Lucie County regulates shoreline protection, which would include Ten Mile Creek and its associated natural fingers and oxbows; hoNvever, thus waterway is a linear, dredged canal and not pail of the natural Ten-A9ile Creek and is separated from the natural creek by control structures. NO REFERENCES L' REN L L' S Florida Department of Agriculture and Consumer Services, Division of Plant Industry. April 2004. Preservation of Native Flora of Florida; Cliapter 513-40.0055, Florida Administrative Code. Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification Systems Handbook. Tallahassee, Florida. 91 p. Florida Fish and Wildlife Conservation Commission. 2004. Florida's Endangered Species, Threatened Species and Species of Special Concern, Official Lists. Tallahassee, Florida. 15p. Gilbert K., J. Tobe, R. Cantrell, INI Sweeley and J. Cooper. 1995. The Florida Wetlands Delineation Manual. The Florida Department of Enviromnental Protection, South Florida Water Management District, St. Johns River Water Management District, Suwanee River Water Management District, and Northwest Florida Water Management District. 197 p. U. S. Department of Agriculture, Soil Conservation Service. 1980. Soil Survey of St. Lucie County Area, Florida. 183 p. + maps. U.S. Geological Survey 7.5 'Minute Topographic Map, 1949 (Photorevised 1983) Fort Pierce NW, Florida. M AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VII- DATE: December 15, 2009 REGULAR [] PUBLIC HEARING [XX] CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 09-022 - Roads, Parks and Public Buildings Impact Fees BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION:- Staff recommends that the Board adopt Ordinance No. 09- 022 and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: CONCURRENCE: [� APPROVED [ ] DENIED [ ]OTHER: Approved 4-1 Faye W. Outlaw, MPA Comm. Craft voting no. County Administrator Review and Approvals County Attorney Management &Budget--f� Purchasing: Michael Brillhart Daniel S. McIntyre Originating Dept. Growth Mgmt. Dir: lee Capital Projs: Ma k Satter Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-1379 DATE: October 27, 2009 SUBJECT: Ordinance No. 09-022 - Roads, Parks and Public Buildings Impact Fees ************************** BACKGROUND: Attached to this memorandum is a copy of a "Technical Memorandum on the Methods Used to Calculate Consumption Based Road, Parks and Public Buildings Impact Fees" prepared by James C. Nicholas, Ph.D. dated October 29, 2009. Also attached is a copy of draft Ordinance No. 09-022 which reflects proposed changes to the code sections pertaining to roads, parks and public buildings impact fees. The proposed changes are based on the information contained in Dr. Nicholas' technical memorandum. The County's current consumption based fees for roads, parks and public buildings have not been revised for several years. State law requires that the calculation of impact fees be based on the most recent and localized data. In addition, the law requires that notice be provided no less than 90 days before the effective date of the ordinance. The proposed effective date is April 1, 2010, for public building impact fees and a phased increase for roads and parks impact fees - 50% on April 1, 2010 and an additional 50% on December 1, 2010. The St. Lucie County Planning and Zoning Commission/Local Planning Agency considered the proposed study and ordinance over several months. On August 20, 2009, the Commission/Agency voted 4-2 to recommend that the Board approve the Updated Impact Fee Methodology for Roads, Parks & Recreation, and Public Buildings and the accompanying rate schedule as reflected in Ordinance No. 09-022, based upon aggregated capital project lists for roads, parks & recreation, and public buildings. The first public hearing was held on October 20, 2009. Notice of the second public hearing was published in the Tribune on December 1, 2009. Dr. Nicholas will be present at the public hearing. RECOMMENDATION/CONCLUSION staff recommends that the Board adopt Ordinance No. 09-022 and authorize the Chairman to sign the Ordinance. Ily submitted Daniel S. M County Att DSM/caf Attachments ORDINANCE NO. 09-022 AN ORDINANCE AMENDING CHAPTER 1-16.3 "PUBLIC BUILDINGS IMPACT FEE," CHAPTER 1-17 "ROADS IMPACT FEE," AND CHAPTER 1-15 "PARKS IMPACT FEE" OF THE CODE OF ST. LUCIE COUNTY; AMENDING SECTION 1-16.3-16 TO CHANGE THE AMOUNT OF THE PUBLIC BUILDINGS IMPACT FEE AND TO PROVIDE FOR ABANDONMENT OF USE IN CALCULATING PUBLIC BUILDING IMPACT FEES; AMENDING SECTION 1-16.3-23 TO USE OF FUNDS TO PROVIDE FOR A REVISED TECHNICAL MEMORANDUM AND CHANGE THE MONTH FROM JANUARY TO JULY FOR SUBMITTAL OF THE ANNUAL CAPITAL IMPROVEMENT PROGRAM; AMENDING SECTION 1-17-29 TO CHANGE THE AMOUNT OF THE ROADS IMPACT FEE AND TO PROVIDE FOR ABANDONMENT OF USE IN CALCULATING ROAD IMPACT FEES AND TO DELETE SUBSECTION (d); AMENDING SECTION 1-17- 31 USE OF FUNDS AND ROAD BENEFIT ZONES TO PROVIDE FOR A REVISED TECHNICAL MEMORANDUM AND CHANGE THE MONTH FROM JANUARY TO JULY FOR SUBMITTAL OF THE ANNUAL CAPITAL IMPROVEMENT PROGRAM; AMENDING SECTION 1-15-36 TO CHANGE THt-° fJV� f THA &PEE AND TO PROVIDE FOFt ABA �NT v , U CAL, ULATING PARK IMPACT FEE, A. , �, r. :15-43 U OF FUNDS TO PROVIDE FOR Sib TC' ICA 'MORAND# M AND CHANGE THE MONTH FROM JANUARY TO JULY FOR THE SUBMITTAL OF THE ANNUAL CAPITAL IMPROVEMENT PROGRAM; PROVIDING FOR SEVERABILITY, ALTERNATE METHOD, EFFECTIVE DATE AND FILING FINDINGS OF FACT: WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Board has previously adopted impact fees for roads, parks and public buildings which fees were most recently revised on October 11, 2005 through the adoption of Ordinance No. 05-037. 2, The Board has received a Technical Memorandum from Dr. James C. Nicholas entitled "Methods Used to Calculate Consumption Driven Roads, Public Buildings and Parks and Recreation Impact Fees" dated October 29, 2009. 6#rack#hreagh passaged are deleted. 1 Underlined passages are added. 3. The Nicholas study demonstrates a reasonable connection between the need for road, public building and park and recreation improvements to be funded by the County and impact fees collected for roads, public buildings and parks and recreation and the impacts on roads, public buildings and parks and recreation generated by development in the incorporated municipalities (cities of Fort Pierce, Port St. Lucie and the Town of St. Lucie Village) and the unincorporated County. 4. Section 125.045, Florida Statutes, provides the County with the power to enhance and expand economic activity in the County including the authority to expend and use public funds toward achievement of the County's economic development goals. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. CHAPTER 1-16.3 PUBLIC BUILDINGS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-16.3-16 AS FOLLOWS. Sec. 1-16.3-16. Computation of the amount of public buildings impact fees. (a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule. PUBLTC&I ILDII rS IWACT F1 3 COI..w 1iVIDlw FtENT IMPACT FEE UNIT OF fee as of fee as of fee as o LAND USE TYPE MEASURE !Gf01/94 04/01/10 12/01/10 RESIDENTIAL Single-family Per unit $ 347 $ 239 $ 317 Mobile home/RV Unit park only Per unit 247 156 208 Multi -family 1/2 floors Per unit 349 213 283 Multi -family 3+ floors Per unit 34.0 213 283 Hotel/motel (per room) Per room 2-24 160 212 Bed & Breakfast (Guest Rooms) 244 160 212 All other residential Per unit 347- 239 317 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. 39G 294 524 GtHer General office Per 1,000 sq. ft. 6.24 210 280 S#raek +hreugh passaged are deleted. 2 Underlined passages are added. IMPACT FEE UNIT OF fee as of fee as of I ee as o LAND USE TYPE MEASURE 10/01�04 04/01/10 12/01/10 RETAIL TRADE Under 100,000 square feet Per 1,000 sq. ft. 438 310 412 100,000-499,000 square feet Per 1,000 sq. ft. §04 356 474 500,000 square feet and over Per 1,000 sq. ft. 36-7 283 377 GASOLINE SERVICES Gasoline pumps Per pump stat 63 68 90 INDUSTRIAL Warehouse Per 1,000 sq. ft. 33 30 40 Truck terminal Per 1,000 sq. ft. 444 70 94 General industrial Per 1,000 sq. ft. 89 48 64 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. 499 318 423 School-Middle/high Per 1,000 sq. ft. Z-12% 317 421 Day care center Per 1,00 sq.� .v 206 274 Fraternal organizationr 1,sq.0 0 Hospital er� 252 335 Nursing home y a e f 9 213 284 Qt . r. Library Per 1,000 sq.I'; 638 321 427 RECREATIONAL Park (city/county/state) Per acre 63 73 97 Recreation facility -All types Per 1,000 sq.ft. -7-9 98 130 Golf course Per acre 46-L2 160 213 Movie Theaters Per seat -74 37 49 If the type of development activity for which a building permit, or an electrical permit for a mobile home park or recreational vehicle park is applied for is not specified on the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land use on the above fee schedule. (b) The person applying for the issuance of a building permit or an electrical permit for a mobile home park or recreational vehicle park may, at his option, submit evidence to the county administrator indicating that the fees set out to paragraph (a) above are not appropriate for his particular development. Based upon convincing and competent evidence, the county administrator may adjust the fee to that appropriate for the particular development. Struek +Kreuo passaged are deleted. 3 Underlined passages are added. (c) . If a previous use has been either abandoned or otherwise inactive for a period of two consecutive years prior to the request for issuance of a building permit electrical permit for recreational vehicle parks or mobile home parks or zoning compliance certificate the impact fee calculated shall be based upon the new use with an adjustment for any impact fees paid for the previous use. PART B. CHAPTER 1-16.3 PUBLIC BUILDINGS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-16.3-23 AS FOLLOWS: Sec. 1-16.3-23. Use of funds. (a) The collecting governmental unit shall be entitled to up to but not more than four (4) per cent of the funds collected to compensate them for the actual administrative expense of collecting and administering the public buildings impact fee ordinance. All remaining funds collected from public buildings impact fees shall be used solely for the purpose of capital improvements to the county's Public Buildings contained within the County's Comprehensive Plan and identified within the s#ady Technical Memorandum entitled " Methods Used to Calculate Consumption Driven Road Public Buildings and Park & Recreation Impact Fees," dated 3uly, 2A95 October 99. 2009, by Dr. James C. Nicholas, as modified based,,on oublic.comments and subm,41als. which contains the most recent and localized data and which is inc byefOt ence, no , or ma+ntnce or operations, Land acquisition and improvements shall be of tlai type�nd� , `ess th ounty's "growth and development. (b) Each day L the county administrator shall present to the board of county commissioners a proposed capital improvement program for Public Building and facilities, assigning funds, including any accrued interest, from the public buildings impact fee trust fund to specific Public Buildings improvements projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same Public Buildings impact fee trust fund until the next fiscal period except as provided by the refund provisions of this article. Funds shall be deemed expended in the order received. (c) The Board of County Commissioners of St. Lucie County may enter into interlocal agreements with the governing bodies of the municipalities in St. Lucie County to ensure proper use of the funds collected pursuant to this article. PART C. CHAPTER 1-17 ROADS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-17-29 AS FOLLOWS: Sec. 1-17-29. Computation of the amount of roads impact fee. (a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule. The fees shown on the schedule reflect a zero (0) per cent discount. 5#rnek+kreugK passaged are deleted. 4 Underlined passages are added. LAND USE TYPE RESIDENTIAL Single-family Mobile home/RV Unit (park only) Multi -family 1 and 2 floors Multi -family 3 floors and up Hotel/motel Bed & breakfast (Guest rooms) All other residential OFFICE & FINANCIAL Medical office General office RETAIL TRADE Under 100,000 sq. ft. 100,000-499,000 sq. ft 500,000 or more sq. ft. GASOLINE SERVICES (Per Service Position) Gasoline Pumps INDUSTRIAL Warehouse Truck terminal General industrial INSTITUTIONAL School-Elem. School-Middle/high Day care center Fraternal organization Hospital ROAD IMPACT FEE MAINLAND IMPACT FEE UNIT OF fee -as -of fee as of fee as o MEASURE 104)1�04* 04/01/10 12/01/10 Per unit $-2-,,059 $ 3,388 4,452 Per unit 4-IG29 1,693 2,226 Per unit 2,469 3,246 Per unit 7-84 1.293 1,702 Per room ',� 2,871 3,541 Per room 947- 1,543 2,016 Per unit 4-1500 3,055 4,452 Per 1,000 sq. ft. 5_1� 3.529 3.529 Per 1,000 sq. ft. 1,987 2,553 Per 1,000 sq. ft. -444 581 694 Per 1,000 sq. ft. 83r3 1,169 1,395 Per 1,000 sq. ft. 464 639 758 Per 1,000 sq. ft. j� 1,514 1,746 Per 1,000 sq. ft. � 1.494 1,718 Per 1,000 sq. ft. 3�40 1.533 1,533 Per 1,000 sq. ft. $60 1,734 2.496 Per bed 2,827 3.867 3#we1(-#hrea9lr passaged are deleted. 5 Underlined passages are added. LAND USE TYPE Nursing home Library ROAD IMPACT FEE MAINLAND UNIT OF MEASURE Per bed Per 1,000 sq. ft IMPACT FEE +ee,e,s-4 Lee as o 04/O1/10 35-a 549 3_.548 3,993 Lee as o 12/01/10 701 5,109 RECREATIONAL .244 429 617 Park(city/county/state) Per acre 594 859 Recreation facility -All types Per 1,000 sq.ft. 960 1,383 Golf course Per acre 47-5 4� 81 117 Movie Theaters Per seat ROAD IMPACT FEE NORTH ISLAND IMPACT FEE UNIT OF fee -as ee as o fee as o LAND USE TYPE ME SURE 04/01/10 12/O1/10 xk °g .r Nt RESIDENTIAL` 2,848 $ 3,549 Single-family �" ur�ir- ,� n �� �' �.g� 1,484 1.855 Mobile home/RV Unit park only Per uni 2,472 B4 3,085 Multi -family 1/2 floors Per unit �46 Per unit 4-634 1,532 1908 Multi -family 3+floors 4.286 4.981 Hotel/motel Per room 348� 63$ 2,429 3.009 , Bed &breakfast (Guest Rooms) Per room }-� 3.157 3,549 All other residential Per unit OFFICE & FINANCIAL 1,210 1,210 Medical office Per 1,000 sq. ft� General office Per 1,000 sq. ft. -496 711 862 RETAIL TRADE 1,500 1,500 Under 100,000 sq.ft. Per 1,000 sq. ft. 4-,499 100,000-499,000 sq.ft. Per 1,000 sq. ft. �34 1,469 1,5 Per 1,000 s 6 1469 173735 500,000 or more sq.ft. q• ft. IR6 6 & i uek hreagh passaged are deleted. 6 Underlined passages are added. LAND USE TYPE GASOLINE SERVICES (Per service position) Gasoline pumps INDUSTRIAL Warehouse Truck terminal General industrial INSTITUTIONAL School-Elem. School-Middle/high Day care center Fraternal organization Hospital Nursing home Library RECREATIONAL Park(city/county/state) Recreation facility -All types Golf course Movie Theaters (perseat ROAD IMPACT FEE NORTH ISLAND IMPACT FEE UNIT OF fee as of fee as o MEASURE 494 S * 24/01/10 Per pump stat '= 509 819 fee as o 12/01/10 819 Per 1,000 sq. ft. 89 179 259 Per 1,000 sq. ft. 489 359 516 Per 1,000 sq. ft. 99 195 278 Per 1,000 sq. ft. 489 569 640 Per 1,000 sq. ft. 485 587 645 Per 1,000 sq. ft, 1;699 577 577 Per 1,000 sq. ft, 340 671 923 Per bed 684 1,107 1,444 Per bed 4-50 211 254 Pe�000 sq. ftAl rf 1,566 1,895 M 49 h% °tr Pe a h 93 206 306 u. Per 1,000 sq.ft, 4-24 255 367 Per acre 385 374 516 Per seat 4-7 34 49 NOTE: *The fee schedule shown in this article is subject to annual revision based upon the provisions of section 1-17-39 of this article. LAND USE TYPE RESIDENTIAL Single-family Mobile home/RV Unit (Ml !P/W park only) Multi -family 1 and 2 floors Multi -family 3 floors and up FT. PIERCE ISLAND IMPACT FEE UNIT OF fee as of fee as of fee as of MEASURE 19/81f94* 04/01/10 12/01/10 Per unit $4-,6}5 $ 2,964 $ 4,106 Per unit 5.84 1,580 2,504 Per unit 2.568 3,653 Per unit §38 1,257 1,908 S# engh passaged are deleted. 7 Underlined passages are added. FT. PIERCE ISLAND IMPACT FEE UNIT OF fee as of fee as of fee as of LAND USE TYPE MEASURE 4W0!4)4* 04/01/10 12/01/10 Hotel/motel Per room 4 &75 $ 3,050 3,984 Bed & breakfast (Guest rooms) Per room 999 1,649 2,271 All other residential Per unit 41,44-a 2.867 4,106 OFFICE &FINANCIAL 911 911 Medical office Per 1,000 sq. ft. 1-,97� Other office Per 1,000 sq. ft. -a49 476 669 RETAIL TRADE Under 100,000 sq.ft. Per 1,000 sq. ft. 7-2-71,274 1,727 100,000-499,000 sq.ft. Per 1,000 sq. ft. 1.130 1.585 500,000 or more sq.ft. Per 1,000 sq. ft. 1,065 1,545 GASOLINE SERVICES (Per Service Position). Gasoline Pumps Per pump stnt 1.230 1,230 INDUSTRIAL rnp, ` Warehouse x.i F �o0 sq ,a'} 44 107 165 Truck terminal xv.Pe 1J;0� sgft S� i 210 322 General industrial Per 1,000 s q• ft. 49 123 190 INSTITUTIONAL Per 1,000 sq. ft. AAA 164 214 School-Elem School-Middle/high Per 1,000 sq. ft. 2-3-5436 476 Day care center Per 1,000 sq. ft. � 36 436 Fraternal organization Per 1,000 sq. ft. 480 454 706 Hospital Per bed 447 314 472 Nursing home Per bed -74 143 202 Library Per 1,000 sq. ft. §34 1.015 1,427 RECREATIONAL 44 114 177 Park (city/county/state) Per acre Recreational facility -All types Per pkg. space 6� 149 230 8 Golf Course Per acre 499 250 387 Movie Theaters Per seat 899 sq # -3 22 41 NOTE: *The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-17-39 of this article. s+rwe1t +Krewth passaged are deleted. 8 Underlined passages are added. SOUTH ISLAND IMPACT FEE UNIT OF fee as of fee as of fee as of LAND USE TYPE MEASURE 19f91/04* 04/01/10 12/01/10 RESIDENTIAL Single-family Per unit $ 2-05-7 3,083 3,843 Mobile home/RV Unit Per unit -744 1,593 2,351 Multi -family 1 and 2 floors Per unit 14,44 2,660 3,431 Multi -family 3 floors and up Per unit 666 1,282 1,790 Hotel/motel Per room ',442 3,246 3,770 Bed & breakfast (Guest rooms) Per room ',� 1,739 2,157 All other residential Per unit �838 2,958 3,843 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. 4,942 1,056 1,056 tither General office Per 1,000 sq. ft, 434 626 762 RETAIL TRADE Under 100,000 sq.ft. Per 1,000 sq. ft. '� 1,315 1,315 100,000-499,000 sq.ft. Pe 000 sq. ft. 1,292 1,364 500,000 or more sq.ft. iF h -,:� Pe� sq. f xr' { a: 1,289 1,525 GASOLINE SERVICES 9 s (per service position): Gasoline Pumps Per pump stat 449-7 1,444 1,444 INDUSTRIAL Warehouse Per 1,000 sq. ft. 78 155 222 Truck terminal Per 1,000 sq. ft. 4�57 318 459 General industrial Per 1,000 sq. f t. 87 170 242 INSTITUTIONAL School-Elem Per 1,000 sq. ft. 424 517 556 School-Middle/high Per 1,000 sq. ft. 424 519 560 Day care center Per 1,000 sq. ft. 4-,44�9 504 504 Fraternal organization Per 1,000 sq. ft. 325 587 807 Hospital Per bed 596 962 1,250 Nursing home Per bed 44a 193 238 Library Per 1,000 sq. ft. 960 1,375 1,666 S#reiek-+hreagh passaged are deleted. 9 Underlined passages are added LAND USE TYPE RECREATIONAL Park (city/county/state) Recreational facility - All types Golf course Movie Theaters SOUTH ISLAND IMPACT FEE UNIT OF fee as of fee as of fee as o MEASURE }Af)VEW 04/01/10 12/01/10 Per acre 84 183 275 Per pkg. space 440 221 318 Per acre 489 323 444 Per Seat 4-5 29 41 NOTE: *The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-17-39 of this article. If a building is requested for mixed uses, then the fee shall be determined through using the above schedule by apportioning the space committed to uses specified on the schedule. (b) If the type of development activity for which a building permit is applied is not specified on the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land development on the above fee schedule. The county administrator shall be guided in the selection of a comparable type by Florida Departm of Transportat', 0 DOT,,. and/or Institute of Transportation n �M,,m. Engineers (ITE) traffic gener -, tatEitls, If t $ft ou. y a mirn Vaf°or determines that there is no comparable type of land use on tie abode ed , en t�bnty ammistrator shall determine the fee by: (1) Using traffic generation statistics contained in the latest edition of the Institute of Transportation Engineers "Trip Generation: An Information Report," or trip generation statistics supplied and certified by a registered Florida professional engineer, and (2) Using for average trip length the average trip length of all average trip lengths for the applicable land use type as set out in this article (i.e., residential, office and financial, industrial, recreational, institutional, retail) that were used in calculating the above fee schedule, and (3) Using as a per cent new trips the average per cent new trips for the applicable land use type (i.e., residential, office and financial, industrial, recreational, institutional, retail) that were used in calculating the above fee schedule, and (4) Applying the formula set forth in 1-17-29(c) hereof. The county administrator shall determine the applicable land use type. In the case of a change of use, redevelopment, or modification of an existing use which requires the issuance of a building permit, electrical permit for recreational vehicle parks or mobile home parks or zoning -5+m-ue1t +h+'bd9;+ passaged are deleted. 10 Underlined passages are added. compliance certificate, the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the previous use. The county administrator shall be guided in this determination by Florida Department of Transportation (FDOT) and/or Institute of Transportation Engineers (ITE) traffic generation statistics. If, however. the previous use has been either abandoned or otherwise inactive for a period of 2 consecutive years prior to the request for the issuance of a building permit electrical permit for recreational vehicle parks or mobile home parks or zoning compliance certificate then the impact fee calculated shall be based upon the new use with an adjustment for any impact fees paid for the previous use (c) If the feepayer shall opt not to have the impact fee determined according to paragraph (a) of this section, then the fee shall be determined by the county administrator based upon the traffic generation rates determined by an independent traffic study (ITS), defined in section 1-17-35 of this article, prepared by the feepayer and submitted to the county administrator or his designee. The following formula shall be used by the county administrator or his designee to determine the impact fee per unit: Attributable travel = (Trip rate x trip length)(2 x % New trips) New land miles = Attributable travel/Lane capacity Construction cost = New lane miles x Construction cost per lane mile Right-of-way cost = New lane miles x Right-of-way cost per lane mile Total cost = Construction cost + Right-of-way cost Net co Impaci (d) PART D. CHAPTER 1-17 ROADS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-17-31 AS FOLLOWS: Sec. 1-17-31 Use of funds and road benefit zones. (a) There is hereby created the Mainland Road Benefit Zone, the North Island Road Benefit Zone, the Fort Pierce Island Road Benefit Zone, and the South Island Road Benefit Zone. The boundaries of the various benefit zones are as depicted in revised figure 1. (b) All funds collected from road impact fees shall be used solely for the purpose of capital improvements or enhancements to transportation facilities associated with the arterial and collector road network of the county as identified in the county's comprehensive plan or the comprehensive plans of the City of Fort Pierce, City of Port St. Lucie, St. Lucie Village or by the State of Florida and identified within the study technical memorandum entitled " Methods Used to Calculate 6#raclt#hrengh passaged are deleted. 11 Underlined passages are added. Consumption Driven Road Public Buildings and Parks & Recreation Impact Fees," dated July;-2GA5 October 29. 2009, by Dr. James C. Nicholas, which contains the most recent and localized data and which is incorporated by reference. Road impact fees shall not be used for maintenance or operation purposes. Such improvements shall be of the type as are made necessary by the new development. (c) Except as provided in paragraph (4) Le) of this section, all funds shall be used exclusively for identified road capital improvements within the road benefit zone from which the funds were collected or for projects in adjacent road benefit zones which are of direct benefit to the road benefit zone from which the funds were collected. Funds shall be expended in the order in which they are collected. For purposes of this article, the road benefit zones shall be as depicted in revised figure 1. (d) Each wry Luly the county administrator shall present to the board of county commissioners a proposed capital improvement program for roads on the arterial and collector road network of the county, assigning funds, including any accrued interest, from the several special revenue funds to specific road improvement projects and related expenses. Moneys, including any accrued interest, not assigned in any fiscal year shall be retained in the some special revenue funds until the next fiscal year except as provided by the refund provisions of this article. (e) The collecting governmental entity shall be entitled to retain not more than four (4) per cent of all impact fee funds it collects to offset the actual costs of administering and enforcing this article. PART E. CHAPTER 1-15, PA, S IMPACT FED 1THF�CODE OF ORDINANCES AND COMPILED LAB s� F CIE U .� IiY AMENDED BY AMENDING lftk SECTION 1-1 36 A £ WS' Sec. 1-15-36. Computation ot't a amount of parks impact fee. (a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule. PARKS IMPACT FEE COUNTYWIDE ASSESSMENT IMPACT FEE UNIT OF fee -as -of fee as of fee as o LAND USE TYPE MEASURE 19/01�04* 04/01/10 12/01/10 RESIDENTIAL Single-family Per unit 4.96 979 1,443 Mobile home/RV Unit( park only) Per unit 2-919 641 945 Multi -family I floors 4G6 872 1.287 Multi -family 3+ floors 4G6 872 1.287 Hotel/motel Per room 2-93 648 965 PARKS IMPACT FEE COUNTYWIDE ASSESSMENT trough passaged are deleted. 12 Underlined passages are added. IMPACT FEE UNIT OF feces -of fee as of fee as of LAND USE TYPE MEASURE /00 04/01/10 12/01/10 Bed & Breakfast (Guest Rooms) .294 648 965 All other residential Per unit 456 978 1,443 NOTE: The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-15-47 of this article. If the type of residential development activity for which a building permit or electrical permit for a mobile home park or recreational vehicle park which is being applied for is not specified on the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land use on the above fee schedule. (b) The person applying for the issuance of a bui Iding permit or electrical permit for a mobile home park or recreational vehicle park may, at his option, submit evidence to the county administrator indicating that the fees set out in paragraph (a) above are not appropriate for his particular development. Based upon convincing and competent evidence, the county administrator may adjust the fee to that appropriate for the particular development. The adjustment may include a credit against the fee otherwise payable of up to twenty-five (25) per cent for private recreational facilities provided to the development by feepayer if the recreational facilities serve the me pur s and functions .s.i a . o regional recreation areas in the St. Lucie County Comprehensiv ` ii* � :; (c) If a previous use has been either abandoned or otherwise inactive for a period of two consecutive years prior to the request for issuance of a building permit, electrical permit for recreational vehicle parks or mobile home parks or zoning compliance certif icate, the impact fee calculated shall be based upon the new use with an ad iustment for any impact fees aid for the previous use. PART F. CHAPTER 1-15 PARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-15-43 AS FOLLOWS: Sec. 1-15-43. Use of funds. (a) The collecting governmental unit shall be entitled to up to but not more than four (4) per cent of the funds collected to compensate them for the actual administrative expense of collecting and administering the parks impact fee ordinance. All remaining funds collected from parks impact fees shall be used solely for the purpose of capital improvements to the parks system, including, beach access areas, special recreation areas and regional recreation areas within the Comprehensive Plan of St. Lucie County and identified within the study technical memorandum entitled "Parks impact Fees f or St. 6cie Geumty Methods 8#rdalr#aweagh passaged are deleted. 13 Underlined passages are added. Used to Calculate Consum tion Driven Road Public Buildin ct s and Park & Recreation Im aFees," dated 3�; �995 October 29. 2009, by Dr. James C. Nicholas, which and localized data and contains the most recent which is incorporated by reference, or with prior approval of the county commission those parks, beach access, regional recreation and special recreation areas under the jurisdiction of the City of Ft. Pierce, Port St. Lucie, St. Lucie Village or the State of Florida and not for maintenance or operations. Land acquisition and improvements shall be of the type made necessary by the county's growth and development. (b) Except for the up to four (4) per cent retainage authorized above, all remaining funds collected from the parks impact fee shall be used exclusively for identified parks capital improvements within the parks impact fee district from which funds were funds were collected collected projects in other districts which are of direct benefit to the district from which the (c) Each jemuary July the county administrator shall present to the board of county commissioners a proposed capital improvement program for parks, assigning funds, including any accrued interest, from the parks impact fee trust fund to specific park improvements projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same parks impact fee trust fund until the next fiscal period except as provided by the refund provisions of this article. Funds shall be deemed expended in the order received. (d) The Board of County Commissioners of St. Lucie County may enter into interlocal agreements with the governing bodies of the municipalities in St. Lucie County to ensure proper use of the funds collected pursuant to this article. Cz, PART G. SEVERABILITY� :., R, .; Provisions of this Ordinance ore severable; and if any section, subsection, sentence or clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shall not be affected thereby. PART H. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereof ter come into existence. This ordinance, being necessary for the Public Health, Safety, and Welfare of the inhabitants of the County shall be liberally construed to affect the purposes hereof. PARK I. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board. The Amendments to Section 1-16.3-23 "Use of Funds"; Section 1-17-31 "Use of Funds and benefit zones"; and Section 1-15.43 "Use of Funds", shall become effective on April 1, 2010. 8l WeE +Hretigh passaged are deleted. 14 Underlined passages are added. The Amendments to Section 1-16.3-16 "Computation of the amount of public builodings impact fee," Section 1-17-29(a) "Computation of the amount of roads impact fee" and Section 1-15-36(a) "Computation of the amount of parks impact fee" shall become effective on April 1, 2010 and on December 1, 2010 as provided in Section 1-16.3-16, Section 1-17-29(a) and in Section 1-15-36(a). PART J. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART K. ADOPTION. After motion and second, the vote on this ordinance 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 PART L. CODIFICATION. --7 Provisions of this ordm�r`� alle iaorpor in' a Counb and the word "ordinance" may be changed to "section," "arts" or faro th ections of this ordinance may be renumbered or relettered to �1 u t ion j r 'ided, how'' er, that parts G to L shall not be codified.'' � PASSED AND DULY ADOPTED this 15th day of December 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney 6+1-uel(#hreugh passaged are deleted. 15 Underlined passages are added. Technical Memorandum on the Methods Used to Calculate Consumption Based Road, Public Buildings, and Park & Recreation Impact Fees Prepared for the Board of County Commissioners of St Lucie County By James C. Nicholas, Ph.D. October 29, 2009 Table of Contents I. Impact Fees...................................................................2 A. Impact Fees in Florida 2 ................................................................. B. St Lucie County Impact Fee Program.........................................6 C. County Population Growth ........................................................12 11. Roads......................................................................... 14 IV. Public Buildings........................................................... 32 V. Parks & Recreation....................................................... 40 VI. Summary.....................................................................45 2009 Impact Fee Update - October 29, 2009 - 1 - I. Impact Fees A. Impact Fees in Florida While there is adopted impact fee legislation in Florida,' there is no general enabling act that sets standards for the preparation and use of impact fees. Rather, impact fees evolved through Florida's courts starting in the late 1960's and ultimately were recognized as being within a local government's home rule authority. This method of evolution was perhaps the only option since Florida cities and counties were exploring new issues of governance and government finance following the adoption of the new constitution in 1968, which granted broad home rule authority while requiring authori- zation by general law for the imposition of taxes. The body of law that came out of this evolutionary process clearly established that: • Impact Fees are permissible as exercise of the police powers; • Impact fees cannot exceed a pro rata share of the reasonably anticipated costs of expanding facilities required to serve new development; • Impact fees cannot be imposed or structured to provide a "windfall" to existing residents; and • Impact fees must satisfy the dual rational nexus between the need for facility improvements and new development. The Florida Supreme Court, beginning with Contractors and Builders Association of Pinellas County v City Of Dunedin, 329 So. 2d 314 (Fla. 1976), dealt first with the conditions under which impact fees may be utilized and then with the amounts that may be charged as impact fees. In Dunedin the Florida Supreme Court wrote: Raising expansion capital by setting connection charges, which do not ex- ceed a pro rata share of reasonably anticipated costs of expansion, is per- missible where expansion is reasonably required, if use of the money col- lected is limited to meeting the costs of expansion. Users 'who benefit es- pecially, not from the maintenance of the system, but by the extension of the system ... should bear the cost of that extension." (citations omitted) The Dunedin court also makes clear that such charges, now known as impact fees, are not unlimited. Extending their rationale: [T]he cost of new facilities should be borne by new users to the extent new use requires new facilities, but only to that extent. When new facili- See 163.31801, Florida Statutes. 2009 Impact Fee Update - October 29, 2009 - 2 - ties must be built in any event, looking only to new users for necessary capital gives old users a windfall at the expense of new users. New users can be held responsible only for the costs attributable to new use and not for other costs, especially any charge that would yield a "windfall" to the existing community. Dunedin was a case involving a municipally owned water and sewer utility. It fell to Hollywood Inc. v Broward County, 431 So.2d 606 (Fla. 4`h DCA 1983) to deal with the application of the Dunedin logic to parks, a facility that the Florida cities of Gulf Breeze, Maitland, and Hollywood unsuccessfully tried to fund with development charges. In Hollywood Inc. the court wrote: [Me discern the general legal principle that reasonable dedication or im- pact fee requirements are permissible so long as they offset needs suffi- ciently attributable to the subdivision and so long as the funds collected are sufficiently earmarked for the substantial benefit of the subdivision residents. In order to satisfy these requirements, the local government must demonstrate a reasonable connection, or rational nexus, between the need for additional capital facilities and the growth in population gen- erated by the subdivision. In addition, the government must show a rea- sonable connection, or rational nexus, between the expenditures of the funds collected and the benefits accruing to the subdivision. In order to satisfy this latter requirement, the ordinance must specifically earmark the funds collected for use in acquiring capital facilities to benefit the new res- idents. The Hollywood Inc. Court provides the principles of the Dual Rational Nexus Test. Specifically, that: The local government must demonstrate a reasonable connection, or rational nexus, between the need for additional capital facilities and the growth gener- ated by the development being charged the impact fees, and • The government must specifically earmark the funds collected for use in ac- quiring capital facilities to benefit the development charged the impact fees. The paramount issue with respect to impact fees is nexus. There must be a nexus2 between new development and the need to expand infrastructure. The establishment of a nexus begins with the levels of service that are set out in the comprehensive plan. The second crucial issue is the identification of a pro rata share of the cost of expanding that infrastructure. This is to be accomplished in the consultant's report. During the 2006 session, an act was passed by the Florida Legislature and signed into 2 In Nollan v California Coastal Commission (107 S. Ct. 3141, 1987), Justice Scalia characterized a nexus as "essential." 2009 Impact Fee Update - October 29, 2009 - 3 - law by the Governor that dealt with impact fees.3 The only portions of this act that deal with the calculation of impact fees are the requirements that calculation of impact fees be based on the most recent and localized data. The general criteria for impact fees in Florida are: • Impact fees adopted must be based upon the establishment of a nexus be- tween new development and the need to expand infrastructure; • The calculation of impact fees must use the most recent and localized data; and • The resulting impact fees may be no more than a pro rata share of the reason- ably anticipated cost of expanding that infrastructure. In Florida there are two general types of impact fee methodologies; consumption based and improvements based. Consumption Based. The consumption based (also known as "standards based") methodology calculates impact fees based on the value of public infra- structure consumed per unit of land use. The value of the public infrastructure is usually developed by calculating the replacement cost of the existing public capital infrastructure. This value is then related to a facility based standard such as fire stations per 1000 population, acres of parks per 1000 population, library or other building square footages per 1000 population, etc. The major advantage of the consumption based approach is the flexibility pro- vided to the local government in meeting the needs for infrastructure improve- ments. Specifically, a government that uses a consumption based impact fee can develop its capital improvement program to include projects that directly respond to where growth and the need for the public infrastructure occurs. The capital improvement program list of improvements is reviewed annually and that list can change as growth patterns change, resulting in new project priori- ties. Generally, these changes only occur in the out years of the capital im- provement program. Finally, it should be noted that ordinances that implement consumption based impact fees generally include a provision that ties the need for and benefit of impact fees to projects that must be included in the local gov- ernment's capital improvements program and comprehensive plan capital im- provements element. An example of a consumption based calculation would be: • Average cost of roads per lane -mile is $1,500,000 3 ,The Florida Impact Fee Act," 163.31801, Florida Statutes. 2009 Impact Fee Update - October 29, 2009 - 4 - • Level of service for roads per lane -mile is 7,500 vehicles per day Road cost per vehicle per lane -mile is $200 Lane -miles per vehicle per day is 15 and road cost per vehicle is $3,000 Vehicles per dwelling is 2, so road cost per dwelling in $6,000. These calculations are done without reference to any specific road or im- provements. Improvements Based. The improvements based (also known as "needs based") methodology charges new development based on a specific set of capital improvement projects as set out in a Capital Improvement Plan (CIP). This approach is usually based on a long-range master plan that includes a list of future projects that are determined to be necessary to accommodate exist- ing and future growth at the adopted level of service. Under the improvements based approach, an analysis is usually made of the impact of any existing defi- ciencies and an adjustment is made to account for deficiencies existing at the beginning of the planning period to assure that the cost of correcting those de- ficiencies is not shifted to new development. However, generally, no adjust- ment is made for excess capacity built as part of the improvements list that is available at the end of the planning period, since the improvements driven ap- proach did not charge for the existing excess capacity that is available at the start of the planning period and that is consumed by new development. The implicit or explicit assumption is that there may be excess capacity in every in- frastructure system, and as long as the amount or proportion of excess capaci- ty at the end of the planning period is reasonably similar to what was there at the beginning, there is no need to make adjustments for excess capacity. The advantage of the improvements based methodology is that it provides a di- rect tie to the local government's comprehensive plan with the adoption of a list of planned capital improvements as part of those comprehensive plans. In the improvements based methodology, the list of capital improvements used in the calculation of the cost component is usually the list of improvements included in the five year or longer capital improvement program. This methodology gives the development community assurance that the impact fees they pay are being spent on the specific improvements under which the impact fee was cal- culated. When the local government changes the list of capital improvements, the resulting impact fee should be recalculated using the new list of capital im- provements. Finally, similar to ordinances for consumption based impact fees, improvements based impact fee ordinances also include provisions that tie the need for and benefit of impact fees to projects included in the local govern- ments capital improvements program and comprehensive plan capital im- provements element. 2009 Impact Fee Update - October 29, 2009 - 5 - An example of an improvements based calculation would be: Road improvements needed over 5 years to accommodate anticipated development, ♦ Road improvement 1 $ 5,000,000 ♦ Road improvement 2 $25,000,000 ♦ Road improvement 3 $25,000,000 ♦ Road improvement 4 $ 5,000,000 Total improvements $60,000,000 • New development over 5 years, 10,000 homes • Improvement cost per home, $6,000. This simplified improvements example came out with the same answer as the simplified consumption example. In a perfect world this would be the case. However, it is very common for there to be different answers resulting from the two approaches. Both the improvements and consumption based methodologies are commonly used and have been judicially reviewed in Florida. Dunedin's water and sewer charges were improvements based while Broward's parks fees, Palm Beach County's roads fees, and St Johns County's school fees were all consumption based. Either can provide a viable basis for impact fees that meet the standards of nexus and proportio- nality recognized in Florida. B. St Lucie County Impact Fee Program. St. Lucie County was one of the first counties in Florida to adopt impact fees. In 1986 the County adopted road impact fees while park & recreation, public buildings, law enforcement, fire protection, public libraries, and public education impact fees followed later. These impact fees all followed the consumption based approach. The county's road fee began with the specification of a quantitative level of service, 7,500 vehicles per lane -mile per day. The generalized cost of providing a unit of road, expressed as a cost per lane -mile, was used to project the cost of maintaining the adopted level of service. The advantage of the County's consumption based approach has been the flexibility given to the County to meet road improvement needs as they became identified. During 2007-08 St Lucie County considered moving from the general consumption approach to impact fees to a more specific improvements based approach. This option failed to receive the support of the St Lucie County Local Planning Agency. Therefore the roads, parks & recreation and public buildings impact fees set out herein will return to the consumption based method that had been used in 2009 Impact Fee Update - October 29, 2009 - 6 - St Lucie County. St Lucie County has implemented a system of countywide development impact fees. These fees are; • Roads, • Parks and recreation, • Public buildings, • Law enforcement (sheriff), • Fire protection and EMS, • Public libraries, and • Public education. The existing impact fees as of October 1, 2008 are shown in Table 1-1 TABLE I-1a EXISTING IMPACT FEES (10/2008) ST LUCIE COUNTY MAIM ehln LAND USE Schools Parks Library . rPublic Buildings Fire/ EMS Law Roads TOTAL RESIDENTIAL: Single Family $5,447 $515 $205 $392 $525 $194 $2,324 $9,601 Mobile Home/Rec. Vehicle $1,572 $337 $184 $256 $107 $128 $1,161 $3,745 Multi -Family 1 & 2 Story $2,787 $458 $133 $350 $106 $174 $1,693 $5,701 Multi -Family 3 + Stories $2,787 $458 $133 $350 $106 $174 $885 $4,893 Hotel/Motel - Room $0 $331 $0 $253 $245 $130 $2,201 $3,159 Bed & Breakfast - Room $0 $331 $0 $253 $246 $130 $1,069 $2,029 All Other Residential $5,447 $514 $205 $392 $525 $194 $1,658 $8,935 OFFICE AND FINANCIAL PER 1,000 FT2: General Office $0 $0 $0 $440 $310 $298 $1,421 $2,469 Medical Office $0 $0 $0 $703 $310 $186 $6,358 $7,558 RETAIL PER 1,000 FT-: Under 100,000 FT2 $0 $0 $0 $494 $487 $698 $3,017 $4,696 100,000-499,999 FT $0 $0 $0 $569 $487 $804 $2,858 $4,717 500,000 & Over $0 $0 $0 $414 $487 $688 $2,796 $4,386 GASOLINE SERVICES: Service Station Per Position $0 $0 $0 $71 $1,610 $698 $7,987 $10,366 INDUSTRIAL PER 1,000 FT2: Warehouse $0 $0 $o $62 $70 $36 $467 $636 Truck Terminal $0 $0 $0 $125 $70 $71 $942 $1,208 General Industrial $0 $0 $0 $100 $70 $56 $520 $745 INSTITUTIONAL: School - Elem. Per 1,000 FTT2 $0 $0 $0 $563 $468 $242 $1,282 $2,555 School Middle/High Per 1,000 FT $0 $0 $0 $2,490 $468 $160 $1,270 $4,388 Da Care Per 1,000 FT $0 $0 $0 $302 $468 $153 $4,211 $5,134 Fraternal Or . Per 1,000 FT $0 $0 $0 $0 $468 $72 $971 $1,511 2009 Impact Fee Update - October 29, 2009 - 7 - TABLE I-1a EXISTING IMPACT FEES (10/2008) ST LUCIE COUNTY MAINLAND Public Fire/ LAND USE Schools Parks Library Buildin s EMS HospitalPer 1,000 FT $0 $0 $0 $470 $468 Nursing Home Per 1,000 FT2 $0 $0 $0 $507 $1,159 Libra Per 1,000 FT2 $0 $0 $0 $709 $468 RECREATIONAL: Park Public Per Acre $0 $0 $0 $71 $44 Recreation Facility Per 1,000 FT $0 $0 $0 $89 $44 Golf Course Per Acre $0 $0 $0 $183 $44 Mnvie Theatres Der Seat $0 $0 $0 $80 $487 TABLE I -lb EXISTING IMPACT FEES(10/2008) ST LUCIE COUNTY wun Law Roads I TOTAL $72 $1,787 $2,797 $72 $397 $2,134 c7z a� R7R $4.126 LAND USE Schools Parks Library Public Buildin s Fire/EMS Law Roads TOTAL RESIDENTIAL: $5,447 $515 $205 $392 $525 $194 $2,148 $9,425 Single Family Mobile Home/Rec. Vehicle $1,572 $337 $184 $256 $107 $128 $1,114 $3,698 Multi -Family 1 & 2 Story $2,787 $458 $133 $350 $106 $174 %1,858 $5,866 Multi -Family 3 + Stories $2,787 $458 $133 $350 $106 $174 $1,5 $5,550 Hotel/Motel Room $0 $331 $0 $253 $245 $130 1 $3,591 $4,550 Bed & Breakfast - Room $0 $331 $0 $253 $246 $130 $1,849 $2,809 All Other Residential $5,447 $514 $205 $392 $525 $194 $2,765 $10,041 OFFICE AND FINANCIAL PER 1,000 FT2: $0 $0 $0 $440 $310 $298 $560 $1,608 General Office $0 $0 $0 $703 $310 $186 $2,506 $3,705 Medical Office RETAIL PER 1,000 FT2: Under 100,000 FT2 $0 $0 $0 $494 $487jjaff371 100,000-499,999 FT2 $0 $0 $0 $569 $48753 $0 $0 $0 $414 $487793 500,000 & Over GASOLINE SERVICES: Service Station Per Position $0 $0 $698 $2,900 $5,279 INDUSTRIAL PER 1,000 FT-: $0 $0 $0 $62 $70 $36 $100 $269 Warehouse $0 $0 $0 $125 $70 $71 $203 $468 Truck Terminal $0 $0 $0 $100 $70 $56 $112 $338 General Industrial INSTITUTIONAL: 2009 Impact Fee Update - October 29, 2009 - 8 - TABLE 1-lb EXISTING IMPACT FEES(1012008) ST LUCIE COUNTY NARTN ICI AUn LAND USE Schools Parks Law Roads TOTAL School - Elem. Per 1,000 FT2 $0 $0$468 $242 $552 $1,825 School Middle/Hi h Per 1,000 FT2 $0 $0$468 WLibraryFirelEMSEMS $160 $529 $3,647 Da Care Per 1,000 FT2 $0 $0$468 $153 $1,816 $2,739 Fraternal Or . Per 1,000 FT2 $0 $0$468 $72 $418 $958 Hospital Per 1,000 FT2 $0 $0 $0 $470 $468 $468 $72 $769 $1,958 NursingHome Per 1,000 FT2 $0 $0 $0 $507 $ $72 $169 $1,779 906 Libra Per FT2 $0 $0 $0 $709 $468 $73 $1,238 $2,488 RECREATIONAL: NAL Park Public Per Acre $0 $0 $0 $71 $44 $73 $105 $293 Recreation Facility Per 1,000 FT2 $0 $0 $0 $89 $44 $73 $143 $348 Golf Course Per Acre $0 $0 $0 $183 $44 $73 $231 ------ 531 Movie Theatres per Seat $0 $0 $0 $80 $487 $73 $19 $659 2009 Impact Fee Update - October 29, 2009 - 9 - TABLE I-1c EXISTING IMPACT FEES 1012008) ST LUCIE COUNTY GT PIFPCF ISI ONn LAND USE Schools Parks Libra ry Public Buildings Fire/EMS Law Roads TOTAL RESIDENTIAL: Single Family $5,447 $515 $205 $392 $525 $194 $1,823 1 $9,100 Mobile Home/Rec. Vehicle $1,572 $337 $184 $256 $107 $128 $656 $3,240 Multi -Family 1 & 2 Story $2,787 $458 $133 $350 $106 $174 $1,482 $5,490 Multi -Family 3 + Stories $2,787 $458 $133 $350 $106 $174 $607 $4,615 Hotel/Motel - Room $0 $331 $0 $253 $245 $130 $2,116 $3,075 Bed & Breakfast - Room $0 $331 $0 $253 $246 $130 $1,026 $1,986 All Other Residential $5,447 $514 1 $205 $392 $525 $194 $1,628 $8,905 OFFICE AND FINANCIAL PER 1,000 FT': General Office $0 $0 $0 $440 $310 $298 $271 $1,319 Medical Office $0 $0 $0 $703 $310 $186 $1,216 $2.415 RETAIL PER 1,000 FT': Under 100,000 FT' $0 $0 $0 $494 1 $487 $698 $821 $2,501 100,000-499,999 FT' $0 $0 $0 $569 $487 $804 j $675 j $2,534 500,000 & Over $0 $0 $0 $414 $487 $688 $585 $2,175 GASOLINE SERVICES: Service Station Per Position $0 $0 $0 $71 $1,610 $698 $2,813 $5,192 INDUSTRIAL PER 1,000 FT': Warehouse $0 $0 $0 $62 $70 $36 $50 $219 Truck Terminal $0 $0 $0 $125 $70 $71 $98 $363 General Industrial $0 $0 $0 $100 $70 $56 $55 $281 INSTITUTIONAL: School - Elem. Per 1,000 FT' $0 $0 $0 $563 $468 $242 $113 $1,387 Sch. Middle/High Per 1,000 FT' $0 $0 $0 $2,490 $468 $160 $265 $3,384 Day Care Per 1,000 FT' $0 $0 $0 $302 $468 $153 $881 $1,804 Fraternal Or . Per 1,000 FT' $0 $0 $0 $0 $468 $72 $203 $743 Hospital Per 1,000 FT' $0 1 $0 $0 $470 1 $468 $72 $155 $1,165 Nursing Home Per 1,000 FT' $0 $0 $0 $507 $1,159 $72 $84 $1,822 Library Per 1,000 FT' $0 $0 $0 $709 $468 $73 $603 $1,853 RECREATIONAL: Park Public Per Acre $0 $0 $0 $71 $44 $73 $51 $238 Recreation Facility Per 1,000 FT' $0 $0 $0 $89 $44 $73 $69 $274 Golf Course Per Acre $0 $0 $0 $183 $44 $73 $113 $413 Movie Theatres per Seat $0 $0 $0 $80 $487 $73 $3 $643 2009 Impact Fee Update - October 29, 2009 - 10 - TABLE I-1d EXISTING IMPACT FEES 10/2008) ST LUCIE COUNTY SOUTH ISLAND LAND USE Schools Parks Libra Library Public Buildings Fire/EMS Law Roads TOTAL RESIDENTIAL: Single Family $5,447 $515 $205 $392 $525 $194 $2,322 $9,600 Mobile Home/Rec. Vehicle $1,572 $337 $184 $256 $107 $128 $836 $3,420 Multi -Family 1 & 2 Story $2,787 $458 $133 $350 $106 $174 $1,888 $5,896 Multi -Family 3 + Stories $2,787 $458 $133 $350 $106 $174 $774 $4,781 Hotel/Motel - Room 1 $0 $331 $0 $253 $245 $130 $2.722 $3,681 Bed & Breakfast - Room $0 $331 $0 $253 $246 $130 $1,321 $2,281 All Other Residential $5,447 $514 $205 $392 $525 $194 1 $2.074 $9,350 OFFICE AND FINANCIAL PER 1,000 FT2: General Office $0 $0 $0 $440 $310 $298 $490 $1,539 Medical Office $0 $0 $0 $703 $310 $186 $2,192 $3,392 RETAIL PER 1,000 FT2: Under 100,000 FT2 $0 $0 $0 $494 $487 $698 $1,481 $3,161 100,000-499,999 FT2 $0 $0 $0 $569 $487 $804 $1,219 $3,079 500,000 & Over $0 $0 $0 $414 $487 $688 $1,053 $2,643 GASOLINE SERVICES: Service Station Per Position $0 $0 $0 $71 $1,610 $698 $5,076 $7,455 INDUSTRIAL PER 1,000 FT2: Warehouse $0 $0 $0 $62 $70 $36 $88 $257 Truck Terminal $0 $0 $0 $125 $70 $71 $177 $442 Generallndustdal $0 $0 $0 $100 $70 $56 $98 $324 INSTITUTIONAL: School - Elem. Per 1,000 FT2 $0 $0 $0 $563 $468 $242 $479 $1,752 School Middle/High Per 1,000 FT2 $0 $0 $0 $2,490 $468 $160 $478 $3,596 Day Care Per 1,000 FT2 $0 $0 $0 $302 $468 $153 $1,591 $2,514 Fraternal Or . Per 1,000 FT2 $0 $0 $0 $0 $468 $72 $367 $907 Hospital Per 1,000 FT2 $0 $0 $0 $470 $468 $72 $673 $1,683 Nursing Home Per 1,000 FT2 $0 $0 1 $0 $507 $1,159 $72 $149 $1,887 Library Per 1,000 FT2 $0 $0 $0 $709 $468 $73 $1,084 $2,333 RECREATIONAL: Park Public Per Acre $0 $0 $0 $71 $44 $73 $91 $278 Recreation Facility Per 1,000 FT2 $0 $0 $0 $89 $44 $73 $124 $329 Golf Course Per Acre $0 $0 $0 $183 $44 $73 $203 $503 Movie Theatres per Seat $0 $0 $0 $80 $487 $73 $17 $657 2009 Impact Fee Update - October 29, 2009 - 11 - This program was designed to assess a portion of the cost of infrastructure on the developments creating the need for infrastructure improvements. The roads, park & recreation, public building, and law enforcement impact fee receipts were shared between the county and the City of Port St Lucie. C. County Population Growth. In order to develop equitable impact fees it is first necessary to identify demographic parameters for the county. Table 1-2 sets out the historic and current growth of St Lucie County. St Lucie County, like the rest of Florida and the nation, is experiencing TABLE 1-2 POPULATION AND DWELLING UNITS ST LUCIE COUNTY 1980 - 2009 Population Dwellings 1980 87,182 40,915 1981 93,705 1982 99,705 1983 104,673 1984 109,833 1985 114,738 1986 119,960 1987 126,105 1988 132,416 1989 139,655 1990 150,171 73,843 1991 155,368 1992 159,302 1993 163,831 1994 167,833 1995 172,212 1996 176,272 1997 180,338 1998 184,242 1999 188,327 2000 192,695 91,262 2001 198,211 95,384 2002 205,340 100,536 2003 211,898 105,688 2004 226,216 111,354 2005 240,039 117,020 2006 259,315 125,519 2009 Impact Fee Update - October 29, 2009 - 12 - TABLE 1-2 POPULATION AND DWELLING UNITS ST LUCIE COUNTY 1980 - 2009 Population Dwellings 2007 271,961 131,640 2008 276,585 133,878 2009* 279,351 135,217 SUUKGE: Honda Uttice of Economic and Demographic Research. *Estimated an economic recession. This is not the first nor will it be the last recession. This recession is somewhat unique in that it followed an unsustainable boom in new constriction, the result of which has been a significant inventory of houses for sale. Growth has been an important component of Florida's and St Lucie County's econo- mies. This has been the case for a number of years. History has shown that economic recovery will follow this recession. Of course, no one knows when this recovery will begin or how long it will take to absorb the existing inventory. Figure 1 shows the population growth per year by decade for the State of Florida. These data show that there have been ups and downs before and most likely there will be again. But every down has been followed by an up. And the up to come is what St Lucie County must be planning for. Annual Population Growth State of Florida 1900 - 2000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 00 20 40 60 80 2009 Impact Fee Update - October 29, 2009 - 13 - II. Roads The need for road improvements is one of the most important and most expensive facing a growing community. St Lucie County has prepared a Capital Improve- ment Program (CIP) showing the roads that will need improvement in order to accommodate the anticipated growth. This program is summarized in Table II-1. These proposed road improvements are presented here for the sole purpose of calculating a St Lucie County road improvement cost per lane -mile. The relevant cost is the cost to St Lucie County to expand the arterial and collector road system by one lane -mile. This is calculated by summing the County's anticipated road expansion costs and then dividing by the number of additional lane -miles. Table II-1 ROAD IMPROVEMENT COSTS ST LUCIE COUNTY Cost per Capacity Enhancements Total Cost Lane Miles Lane Mile Jenkins Road (Orange to Kings) $12,000,000 21.23 Jenkins Road Extension — Design $1,600,000 11.08 Jenkins Rd 10 Mile To Edwards $5,500,000 2.19 $19,100,000 34.50 $663 623 Jenkins Road $500,000 20.95 Ta for Dai Extension —Design Indrio Road Widening Design Plans $1,500,000 8.27 Indrio Road Widening $25,000,000 8.27 Indrio Road Widening RM A2gyisition $1,000,000 8.27 $27,500,000 8.27 $3,326,272 Indrio Road Kin s H Widening Indrio To U.S.1 Kin s H Angle Road Stud $1,000,000 14.18 Kin s H WideningIndrio To Angle)$27,500,000 15.64 Kin s Hw Widening (Angle To Okeechobee $32,000,000 Kings Indrio Intersection $8,000,000 CED St. Lucie Blvd. Intersection $3,300,000 -Kings @ Angle Intersection 215000 $13B25 -Kings Orange Intersection 00 -Kings Kings H Desi n SR70 to U.S.1 00 00 29.82 $3,680,919 Kings Highway South Jenkins Road Design 00 6.58 Selvitz Glades Intersection 00Walton Rd Phase I V Green To Lennard26 3.05 $1,557,025 Midwa Rd & Selvitz Intersection 00Lennard Rd Ph 2 alton Rd -Us 1 000 Lennard Rd Right Of Way $17,508,737 Lennard Rd MSBU Public Share $3,082,151 Lennard Road Widening ROW $911,292 2009 Impact Fee Update - October 29, 2009 - 14 - Table II-1 ROAD IMPROVEMENT COSTS ST LUCIE COUNTY ECapacity Enhancements Total Cost Lane Miles Cost per Lane Mile onard Road a Rd U.S 1-25th Construction $23,502,180 $13,368,128 9.91 $2,371,662 Midway Rd South 25th St. -Tum ike $16,908,403 Midway Weatherbee Intersection $2,150,000 MidwayRoad - Turnpike Bride $15,000'000 West Midway Row- 25th St. to Turnpike) $1,000,000 West Midwa Design Plans - 25th St. to Tum ike $1,000,000 Midwa Road $49,4206,631 10.34 $4,780,129 TOTALS Qr11 Mrlm: os _ �_.._� $236,742,637 113.08 $2,093,585 vL LW-11C �OUFILY cuua-va 1-,apitai improvement Plan. NOTE: Knigs Highway cost updated 4 Sept 2009. The St Lucie County road capacity Expansion cost per lane -mile is $2,093,585. This datum can be compared with other counties for reasonableness. The COMPARATIVE ROAD IMPRnvFMFNT r-neT D=o I AuC ■au Roads Expansion Cost per Lane -Mile by Jurisdiction Capacity Expansion $3,000,000 per Lane -Mile Charlotte County - Including Rights of Way Weighted Average $2,610,202 per Lane -Mile FDOT, 2005-06. - Excluding Rights of Way Capacity Expansion $3,742,827 per Lane -Mile Alachua County - Including Rights of Way Capacity Expansion $3,718,000 per Lane -Mile Palm Beach County - Excluding Rights of Way Capacity Expansion $3,834,531 per Lane -Mile Sarasota County - Including Rights of Way Capacity Expansion $3,691,133 per Lane -Mile Indian River County - Including Rights of Way Capacity Expansion $3,707,827 per Lane -Mile Lake County - Excluding Rights of Way Capacity Expansion $2,241,819 per Lane -Mile Martin County CIP - Including Rights of Way Average $3,318,292 per Lane Mile Capacity Expansion $2,093,585 per Lane -Mile St Lucie County - Including Rights of Way The comparative costs shown, with the exception of the FDOT, are all 2008 or 2009 data, making them the most recent. St Lucie County trip length data are shown in Table II-2. These data are derived from the US Department of Transportation's National Household Travel Survey4 (NHTS) and adjusted to St Lucie County conditions. The first adjustment is for population size. The NHTS found that trip lengths increased with the size of the population of the jurisdiction. St Lucie County is considered small by the NHTS, so a reduction of 11.4% in average trip lengths is introduced to adjust to St Lucie County's size. Additionally, the NHTS reported that trip lengths decline with the 4 U. S. Department of Transportation, Federal Highway Administration, 2001 National Household Travel Survey, December 2004, http://www.osti.gov/bridge. 2009 Impact Fee Update - October 29, 2009 - 15 - age of the householder; this is due to the absence of the work trip among retirees. The percentage of the population 65 or over for St Lucie County is 19.6%, as contrasted with 12.6% for the nation as a whole.5 This results in a further reduc- tion of average trip lengths for St Lucie County of 8.4%. These two percentages were added together and then rounded to 20%, which is the reduction in trip length shown in Table II-2. TABLE II-2 AVERAGE TRIP LENGTHS TRIP LENGTHS (Miles): TOTAL ST LUCIE COUNTY ON ARTERIAL & COLLECTOR ROADS All Trips 10.03 8.02 6.82 To/From Work 12.11 9.69 8.23 Work Related Business 28.26 22.61 19.22 Shopping 7.02 5.62 4.77 Personal Business 7.84 6.27 5.33 School/Church 6.00 4.80 4.08 Social & Recreational 11.36 9.09 7.72 Travel on Local Roads - Percent of All Travel 15.00% Residential Based Trips Miles -- Average 6.82 Office Based Trips Miles - 40% Work and 60% Personal Business 6.49 Commercial Based Trips Miles - 20% Work and 80% Shopping 5.47 Industrial Based Trips Miles - 80% Work and 20% Average 7.95 Recreational Based Trips Miles - 100% Recreational 7.72 Short Trip Reduction Factors: Convenience Trip - Percent Reduction 80.0% Trip - Percent Reduction 60.0% -Neighborhood Local Trip - Percent Reduction 50.0% Community Trip - Percent Reduction 30.0% SOURCE: US Dept. of Transportation, Bureau of Transportation Statistics, "Summary of Travel Trends: 2001 National Household Travel Survey," p. 16 & 46. US Dept. of Transportation, Federal Highway Administration, "NPTS Databook," October 2001, p. 4-35. In addition to lengths of trips, Table II-2 shows average trip length by land use and trip length reduction factors. Recent data have revealed that many high volume land uses experience shorter trip lengths than previously believed. There are four types of these trips; convenience, neighborhood, local and community. These reductions are incorporated into the trip lengths, as shown in Table II-5 through II- 8. 5 US Bureau of the Census, State and County Quick Facts, http://quickfacts.census.gov/qfd/, March 23, 2009. 2009 Impact Fee Update - October 29, 2009 - 16 - The capacity of a lane of roadway to accommodate traffic is shown in Table II-3. At St Lucie County's adopted level of service, each lane of roadway can accom- modate 8,250 vehicles per day. TABLE II-3 ROAD CAPACITIES ST LUCIE COUNTY Vehicles per Day at LOS D New Construction Expansion Lane Capacity - 2 Additional Lanes Collectors 7,300 7,300 Arterials 7,775 8,250 Ca aci Used 8,250 SOURCE: Florida Department of Transportation, There are funds to build roads. These funds, motor fuel taxes, are shown in Table II-4. The federal and state motor fuel tax receipts are allocated to St Lucie County so they are incorporated into the funding analysis. Additionally, St Lucie County has sold bonds to fund road expansions. The debt service of this debt has been calculated as a motor fuel tax equivalent and it too in incorporated into the funding analysis. The net result is an equivalent of 28.9¢ of motor fuel taxes available to expand the road system of St Lucie County. A fleet -wide miles per gallon of 16.92 is used to calculate motor fuel consumption by lane use. This consumption by land use is multiplied by $0.289 to project annual capi- tal payments towards the St Lucie County road system. This annual amount is capitalized at 4.25% for 25 years to establish the credit that will be subtracted from road costs. TABLE II-4 AVAILABLE REVENUES AVAILABLE REVENUES: MOTOR FUEL TAXES RATE PER CENT CAPITAL CAPITAL RATE Federal $0.201 49.7% $0.100 State of Florida $0.211 43.4% $0.091 Local: 5TH & 6TH $0.02 80.0% $0.016 7TH $0.01 0.0% $0.000 8TH $0.01 0.0% $0.000 9TH $0.01 6.0% $0.001 Optional 1 $0.06 30.0% $0.018 Optional 2 $0.05 100.0% $0.050 Debt Service on Road Bonds, Motor Fuel Tax equivalent $0.01 100.0% $0.013 TOTAL CAPITAL = $0.289 OTHER PARAMETERS: Miles Per Gallon 16.92 Present Value, 4.25% for 25 Years 15.22 SOURCES: (1) Kimley Horn & Associates, 1989. (2) St. Lucie County Department of Community Development, August 1999. 2009 Impact Fee Update - October 29, 2009 - 17 - (3) Statistical Abstract of the US, 1998, p. 628, 644 & 645. (4) Florida Department of Transportation, "Florida's Transportation Tax Sources," January 1994. (5) Florida Department of Transportation, "Cost Book -- 2004," Page 6. (6) Statistical Abstract of the US 2007, Tables 1069 and 1081. NOTES: (1) The Federal tax of $.184 is reduced by $0.68 because this amount is used for deficit reduction. (2) Tax rates shown are weighted averages of gasoline and diesel fuel tax rates. TABLE II-4a MOTOR FUEL TAX EQUIVALENT Outstanding Road Debt 2/20/09 $27,775,000 Annual Debt Service @ 4.25% $1,825,221 Gas Tax Yield per Penny $1,396,909 Motor Fuel Tax Equivalent $1.31 cents per gallon SOURCE: St Lucie County, March 2009. Table II-5 through II-8 show the calculation of total and net road costs by land use. This is done by multiplying the number of vehicular trips per day by the average trip length. This is reduced to one-half to account for the fact that both the begin- ning of the trip and the end of the trip are included in the number of trips. The result is then multiplied by the percentage of those vehicular trips that are new as distinct from existing trips that were "passing -by." The final number is the number of attributable miles of vehicular travel per day by land use. This miles of travel is divided by the capacity of a lane of road to accommodate travel to get the number of lane -miles of roadway needed to accommodate the travel from that land use. The cost is the result of multiplying the needed lane -miles by the cost per lane - mile. Table II-5a shows the credit for revenues paid, both annual and capitalized, and the resulting net cost. The recalculated and update cost is contrasted with the existing impact fee, with the percentage change also shown. 2009 Impact Fee Update - October 29, 2009 - 18 - TABLE II-6 ROADIMPROVEMENTSIMPACTFEE ST LUCIE COUNTY - MAINLAND ND USE TYPE (UNIT) TRIP RATE I TRIP LENGTH I % NEW I TRIPS LANE- MILES ROAD COST RESIDENTIAL: Single Family 9.20 6.82 100.0% 0.00380 $7,956 Mobile Home/Rec. Vehicle 4.60 6.82 100.0% 0.00190 $3,978 Multi -Family 1 & 2 Story 6.70 6.82 100.0% 0.00277 $5,799 Multi -Family 3 + Stories 3.50 6.82 100.0% 0.00145 $3,036 Hotel/Motel - Room 10.10 5.80 85.0% 0.00302 $6,323 Bed & Breakfast - Room 4.90 5.80 100.0% 0.00172 $3,601 All Other Residential 9.20 6.82 100.0% 0.00380 $7,956 OFFICE AND FINANCIAL PER 1,000 FTz: General Office 11.10 6.49 50.0% 0.00218 $4,564 Medical Office 54.60 2.73 33.3% 0.00301 $6,302 RETAIL PER 1,000 FTz: Under 100,000 FT 61.50 2.19 50.0% 0.00407 $8,521 100,000-499,999 FT 37.95 2.73 67.0% 0.00421 $8,814 500,000 & Over 1 26.25 1 3.831 77.7% 0.00473 $9,903 GASOLINE SERVICES: Service Station Per Position 168.56 1.09 20.0% 0.00223 $4 669 INDUSTRIAL PER 1,000 FT-: Warehouse 2.44 7.95 50.0% 0.00059 $1,235 Truck Terminal 4.93 7.95 50.0% 0.00119 $2,491 General Industrial 2.72 7.95 50.0% 0.00065 $1,361 INSTITUTIONAL: School - Elem. Per 1,000 FT 12.03 4.08 50.0% 0.00149 $3,119 School - Middle/High Per 1,000 FT 11.92 4.08 50.0% 0.00147 $3,078 Day Care Per 1,000 FT 79.26 1.09 25.0% 0.00131 $2,743 Fraternal Or . Per 1,000 FT 9.11 7.72 50.0% 0.00213 $4,459 Hospital Per 1,000 FT 16.78 6.49 50.0% 0,00330 $6,909 Nursing Home Per 1,000 FT 3.72 5.33 50.0% 0.00060 $1,256 Library Per 1,000 FTZ 54.00 5.33 25.0% 0.00436 $9,128 RECREATIONAL: Park Public Per Acre 2.28 7.72 50.0% 0.00053 $1 110 Recreation Facility all Per 1,000 FT 3.10 7.72 50.0% 0.00073 $1 528 Golf Course Per Acre 5.04 7.72 50.0% 0.00118 $2,470 Movie Theatres per Seat 1.75 1.93 50.0% 0.00010 $209 SOURCES: Trip Generation Rates - Kimley-Horn & Associates, 1989, and Institute of Transportation Engineers (ITE), Trip Generation, 7th Edition, 2003. Kimley-Horn & Associates, 1989, US Dept. of Transportation, Bureau of Transportation Statistics, "Summary of Travel Trends: 2001 National Household Transportation Study," p. 16 & 46, and US Dept. of Transportation, Federal Highway Administration, "NPTS Databook," October 2001, p. 4-35. 2009 Impact Fee Update - October 29, 2009 - 19 - TABLE II-5a KUAU IMYKUVtMtN I UUS 15I LUWh UUUN I T - MAINLAND LAND USE TYPEWNIT ANNUAL PAYMENT I CREDIT NET I COST EXISTING FEE % CHANGE RESIDENTIAL: Single Family $230 $3,504 $4,452 $2,324 91.6% Mobile Home/Rec. Vehicle $115 $1,752 $2,226 $1,161 91.8% Multi -Family 1 & 2 Story $168 $2,553 $3,246 $1,693 91.8% Multi -Family 3 + Stories $88 $1,334 $1,702 $885 92.3% Hotel/Motel - Room $183 $2,782 $3,541 $2,201 60.9% Bed & Breakfast- Room $104 $1,585 $2,016 $1,069 88.6% All Other Residential $230 $3,504 $4,452 $1,658 168.5% OFFICE AND FINANCIAL PER 1,000 FT2: General Office $132 $2,011 $2,553 $1,421 79.7% Medical Office $182 $2,773 $3,529 $6,358 -44.5% RETAIL PER 1,000 FT2: Under 100,000 FT $247 $3,755 $4,766 $3,017 58.0% 100,000-499,999 FT2 $255 $3,882 $4,932 $2,858 72.6% 500,000 & Over $286 $4,358 $5,545 $2,796 98.3% GASOLINE SERVICES: Service Station Per Position $135 $2,060 $2,609 $7,987 -67.3% INDUSTRIAL PER 1,000 FT2: Warehouse $36 $541 $694 $467 48.5% Truck Terminal $72 $1,096 $1,395 $942 48.1% General Industrial $40 $603 $758 $520 45.9% INSTITUTIONAL: School - Elem. Per 1,000 FT2 $90 $1,373 $1,746 $1,282 36.2% School - Middle/High Per 1,000 FT2 $89 $1,360 $1,718 $1,270 35.3% Day Care Per 1,000 FT2 $80 $1,210 $1,533 $4,211 -63.6% Fraternal Or . Per 1,000 FT2 $129 $1,963 $2,496 $971 157.0% Hospital Per 1,000 FT $200 $3,042 $3,867 $1,787 116.4% Nursing Home Per 1,000 FT $36 $555 $701 $397 76.7% Library Per 1,000 FT $264 $4,019 $5,109 $2,876 77.6% RECREATIONAL: Park Public Per Acre $32 $493 $617 $242 155.5% Recreation Facility all Per 1,000 FT $44 $669 $859 $330 160.3% Golf Course Per Acre $71 $1,087 $1,383 $536 158.0% Movie Theatres per Seat $6 $92 $117 $46 155.4% 2009 Impact Fee Update - October 29, 2009 - 20 - The data presented in Table II-1 provide a convenient opportunity to update the road impact fees applicable to Hutchinson Island. Several studies have shown that travel parameters for new developments on Hutchinson Island are different from those of the mainland. For that reason St Lucie County has maintained three separate impact fee schedules of the island; one for North Island, one for South Island and one for Ft Pierce Island. Following are updated road impact fee schedules for the three island zones that apply the cost per VMT to the unique travel characteristics of the island's zones. 2009 Impact Fee Update - October 29, 2009 - 21 - TABLE II-6 ROADSIMPROVEMENTSIMPACTFEE ST LUCIE COUNTY - NORTH ISLAND LAND USE TYPE (UNIT) RESIDENTIAL: Single Family Mobile Home/Rec. Vehicle Multi -Family 1 & 2 Story Multi -Family 3 + Stories Hotel/Motel - Room Bed & Breakfast - Room All Other Residential OFFICE AND FINANCIAL PER 1,000 FT2: General Office Medical Office RETAIL PER 1,000 FT2: Under 100,000 FT2 100,000-499,999 FT2 500,000 & Over GASOLINE SERVICES: Service Station Per Position INDUSTRIAL PER 1,000 FT2: Warehouse Truck Terminal General Industrial INSTITUTIONAL: School - Elem. Per 1,000 FT2 School - Middle/High Per 1,000 FT2 Day Care Per 1,000 FT2 Fraternal Or . Per 1,000 FT2 Hospital Per 1,000 FT2 Nursing Home Per 1,000 FT2 Library Per 1,000 FT2 RECREATIONAL: Park Public Per Acre Recreation Facility all Per 1,000 FT2 Golf Course Per Acre Movie Theatres per Seat TRIP RATE I TRIP LENGTH I NEW oTRIPS I LANE - MILES 5.20 9.63 100.0% 0.00303 2.70 9.63 100.0% 0.00158 4.50 9.63 100.0% 0.00263 2.80 9.63 100.0% 0.00163 10.10 8.17 85.0% 0.00425 5.20 8.17 100.0% 0.00257 5.20 9.63 100.0% 0.00303 11.10 2.21 50.0% 0.00074 54.60 0.93 33.3% 0.00103 61.50 0.69 50.0% 0.00128 37.95 0.86 67.0% 0.00132 26.25 1.20 77.7% 0.00148 168.56 0.34 20.0% 0.00070 2.44 2.96 50.0% 0.00022 4.93 2.96 50.0% 0.00044 2.72 2.96 50.0% 0.00024 12.03 1.52 50.0% 0.00055 11.92 1.52 50.0% 0.00055 79.26 0.41 25.0% 0.00049 9.11 2.87 50.0% 0.00079 16.78 2.42 50.0% 0.00123 3.72 1.98 50.0% 0.00022 54.00 1.98 25.0% 0.00162 2.28 3.75 50.0% 0.00026 3.10 3.25 50.0% 0.00031 5.04 2.87 50.0% 0.00044 1.75 0.72 50.0% 0.00004 ROAD COST 2009 Impact Fee Update - October 29, 2009 - 22 - 381 549 156 680 764 $461 1,151 1,151 1,026 1,654 2,575 $461 $544 $649 $921 KUAUIMNKUVtMtNI RESIDENTIAL: RESIDENTIAL: Single Family Mobile Home/Rec. Vehicle Multi -Family 1 & 2 Story Multi -Family 3 + Stories Hotel/Motel - Room Bed & Breakfast - Room All Other Residential OFFICE AND FINANCIAL PER 1,000 FT2: General Office Medical Office RETAIL PER 1,000 FT-: Under 100,000 FT2 100,000-499,999 FT 500,000 & Over GASOLINE SERVICES: Service Station Per Position INDUSTRIAL PER 1,000 FT_2: Warehouse Truck Terminal General Industrial INSTITUTIONAL: School - Elem. Per 1,000 FT2 School - Middle/High Per 1,000 FT Day Care Per 1,000 FT Fraternal Or . Per 1,000 FT Hospital Per 1,000 FT Nursing Home Per 1,000 FT Library Per 1,000 FT RECREATIONAL: Park Public Per Acre Recreation Facility all Per 1,000 FT Golf Course Per Acre Movie Theatres per Seat TABLE II-6a I J 1 LULAL WUN I T- NUK I M I,LANU ANNUAL I PAYMENT CREDIT NET I COST EXISTING FEE $184 $2,795 $3,549 $2,14E $95 $1,453 $1,855 $1,114 $159 $2,421 $3,085 $1,85E $99 $1,505 $1,908 $1,15E $257 $3,917 $4,981 $3,591 $156 $2,372 $3,009 $1,84f $184 $2,795 $3,549 $2,76: $45 $687 $862 $56( $62 $946 $1,210 $2,50E $78 $1,180 $1,500 $1,69, $80 $1,219 $1,545 $1,39" $90 $1,364 $1,735 $1,20" $43 $647 $819 $2,90( $13 $202 $259 $10( $27 $405 $516 $20; $15 $224 $278 $11, $34 $511 $640 $55, $33 $506 $645 $52! $30 $449 $577 $1,811 $48 $731 $923 $411 $74 $1,131 $1,444 $76! $14 $207 $254 $16! $98 1 $1,497 $1,895 $1,21 $16 $238 $306 $10 $19 $282 $367 $14 $27 $405 $516 $23 $2 $35 $49 $1 CHANGE 2009 Impact Fee Update - October 29, 2009 - 23 - 65.3% 66.5% 66.0% 65.1 % 38.7% 62.7% 28.4% 53.9% -51.7% -11.3% 10.9% 44.2% -71.8% 159.2% 154.2% 147.4% 16.0% 22.0% -68.2% 120.6% 87.7% 50.6% 53.1 % 191.0% 157.3% 123.3% 161.5% TABLE II-7 ROAD IMPROVEMENTS IMPACT FEE ST LUCIE COUNTY - FORT PIERCE ISLAND LAND USE TYPE (UNIT) RESIDENTIAL: _ Single Family Mobile Home/Rec, Vehicle Multi -Family 1 & 2 Story Multi -Family 3 + Stories Hotel/Motel - Room Bed & Breakfast - Room All Other Residential OFFICE AND FINANCIAL PER 1,000 FT2: General Office Medical Office RETAIL PER 1,000 FT2: Under 100,000 FT2 100,000-499,999 FT2 500,000 & Over GASOLINE SERVICES: Service Station Per Position INDUSTRIAL PER 1,000 FT2: Warehouse Truck Terminal General Industrial INSTITUTIONAL: School - Elem. Per 1,000 FT2 School - Middle/High Per 1,000 FT2 Day Care Per 1,000 FT2 Fraternal Or . Per 1,000 FT2 Hospital Per 1,000 FT2 Nursing Home Per 1,000 FT2 Library Per 1,000 FT2 RECREATIONAL: Park Public Per Acre Recreation Facility all Per 1,000 FT2 Golf Course Per Acre Movie Theatres per Seat TRIP RATE ILENGTH TRIP % NEW TRIPS LANE - MILES 7.50 7.69 100.0% 0.00350 4.60 7.69 100.0% 0.00214 6.70 7.69 100.0% 0.00312 3.50 7.69 100.0% 0.00163 10.10 6.54 85.0% 0.00340 4.90 6.54 100.0% 0.00194 7.50 7.69 100.0% 0.00350 11.10 1.69 50.0% 0.00057 54.60 0.71 33.3% 0.00078 61.50 0.79 50.0% 0.00147 37.95 0.87 67.0% 0.00135 26.25 1.07 77.7% 0.00132 168.56 0.51 20.0% 0.00105 2.44 1.91 50.0% 0.00014 4.93 1.91 50.0% 0.00028 2.72 1.91 50.0% 0.00016 12.03 0.49 50.0% 0.00018 11.92 1.14 50.0% 0.00041 79.26 0.31 25.0% 0.00037 9.11 2.16 50.0% 0.00060 16.78 0.78 50.0% now 3.72 1.49 50.0% 0.00017 54.00 1.49 25.0% 0,00122 2.28 2.16 50.0% 0.0001 E 3.10 2.16 50.0% 0.0002C 5.04 2.16 50.0% 0.00032 1.75 0.48 50.0% 0.00m ROAD COST 2009 Impact Fee Update - October 29, 2009 - 24 - 1 118 1 193 1 078 1 198 1 $63 TABLE II-7a ROAD IMPROVEMENT COST ST LUCIE COUNTY - FT PIERCE ISLAND RESIDENTIAL: ANNUAL PAYMENT CREDIT I NET COST EXISTING FEE % CHANGE RESIDENTIAL: Single Family $212 $3,222 $4,106 $1,823 125.3% Mobile Home/Rec. Vehicle $130 $1,976 $2,504 $656 281.8% Multi -Family 1 & 2 Story $189 $2,879 $3,653 $1,482 146.4% Multi -Family 3 + Stories $99 $1,505 $1,908 $607 214.4% Hotel/Motel - Room $206 $3,134 $3,984 $2,116 88.2% Bed & Breakfast - Room $118 $1,791 $2,271 $1,026 121.3% All Other Residential $212 $3,222 $4,106 $1,628 152.2% OFFICE AND FINANCIAL PER 1,000 FT2: General Office $34 $524 $669 $271 147.2% Medical Office $47 $722 $911 $1,216 -25.1 % RETAIL PER 1,000 FT2: Under 100,000 FT $89 $1,351 $1,727 $821 110.3% 100,000-499,999 FT $82 $1,241 $1,585 $675 135.0% 500,000 & Over $80 $1,219 $1,545 $585 164.1% GASOLINE SERVICES: Service Station Per Position $64 $968 $1,230 $2,813 -56.3% INDUSTRIAL PER 1,000 FT2: Warehouse $8 $128 $165 $50 230.2% Truck Terminal $17 $264 $322 $98 229.1 % General Industrial $10 $145 $190 $55 244.4% INSTITUTIONAL: School - Elem. Per 1,000 FT $11 $163 $214 $113 88.7% School - Middle/High Per 1,000 FT $25 $379 $479 $265 80.4% Day Care Per 1,000 FT2 $22 $339 $436 $881 -50.5% Fraternal Or . Per 1,000 FT2 $36 $550 $706 $203 247.8% Hospital Per 1,000 FT $24 $365 $472 $155 204.3% Nursing Home Per 1,000 FT $10 $154 $202 $84 140.50 Library Per 1,000 FT $74 $1,127 $1,427 $603 136.8% RECREATIONAL: Park Public Per Acre $9 $137 $177 $51 247.0% Recreation Facility all Per 1,000 FT $12 $189 $230 $69 234.8% Golf Course Per Acre $20 $304 $387 $113 241.2% Movie Theatres per Seat $1 $22 $41 $3 1212.8% 2009 Impact Fee Update - October 29, 2009 - 25 - TABLE II-8 ROAD IMPROVEMENTS IMPACT FEE ST LUCIE COUNTY - SOUTH ISLAND LAND USE TYPE (UNIT) TRIP RATE _ TRIP LENGTH I % NEW I TRIPS LANE- I MILES ROAD COST RESIDENTIAL: Single Family 7.50 7.22 100.0% 0.00328 $6,867 Mobile Home/Rec. Vehicle 4.60 7.22 100.0% 0.00201 $4,208 Multi -Family 1 & 2 Story 6.70 7.22 100.0% 0.00293 $6,134 Multi -Family 3 + Stories 3.50 7.22 100.0% 0.00153 $3,203 Hotel/Motel - Room 10.10 6.19 85.0% 0.00322 $6,741 Bed & Breakfast - Room 4.90 6.19 100.0% 0.00184 $3,852 All Other Residential 7.50 7.22 100.0% 0.00328 $6,867 OFFICE AND FINANCIAL PER 1,000 FT2: General Office 11.10 1.93 50.0% 0.00065 $1,361 Medical Office 54.60 0.81 33.3% 0.00090 $1,884 RETAIL PER 1,000 FT2: Under 100,000 FT2 61.50 0.60 50.0% 0.00112 $2,345 100,000-499,999 FT2 37.95 0.75 67.0% 0.00116 $2,429 500,000 & Over 26.25 1.05 77.7% 0.00130 $2,722 GASOLINE SERVICES: Service Station Per Position 168.56 0.60 20.0% 0.00123 $2,575 INDUSTRIAL PER 1,000 FT2: Warehouse 2.44 2.59 50.0% o.00019 $398 Truck Terminal 4.93 2.59 50.0% 0.00039 $816 General Industrial 2.72 2.59 50.0% 0.00021 $440 INSTITUTIONAL: School - Elem. Per 1,000 FT2 12.03 1.33 50.0% 0.00048 $1 005 School - Middle/High Per 1,000 FT2 11.92 1.33 50.0% 0.00048 $1,005 Day Care Per 1,000 FT2 79.26 0.36 25.0% 0.00043 $900 Fraternal Or . Per 1,000 FT2 9.11 2.52 50.0% 0.00069 $1,445 Hospital Per 1,000 FT2 16.78 2.11 50.0% 0.00107 $2,240 Nursing Home Per 1,000 FT2 3.72 1.74 50.0% 0,00020 $419 Library Per 1,000 FT2 54.00 1.74 25.0% 0.00142 $2,973 RECREATIONAL: Park Public Per Acre 2.28 3.28 50.0% 0.00023 $482 Recreation Facility all Per 1,000 FT2 3.10 2.85 50.0% 0.00027 $565 Golf Course Per Acre 5.04 2.52 50.0% 0.00038 $796 Movie Theatres per Seat 1.75 0.48 50.0% 0.00003 $63 2009 Impact Fee Update - October 29, 2009 - 26 - TABLE III-8a ROAD IMPROVEMENT COST ST LUCIE COUNTY - SOUTH ISLAND LAND USE TYPE/UNIT ANNUAL PAYMENT I CREDIT NET I COST EXISTING FEE % CHANGE RESIDENTIAL: Single Family $199 $3,024 $3,843 $2,322 65.5% Mobile Home/Rec. Vehicle $122 $1,857 $2,351 $836 181.2% Multi -Family 1 & 2 Story $178 $2,703 $3,431 $1,888 81.7% Multi -Family 3 + Stories $93 $1,413 $1,790 $774 131.4% Hotel/Motel - Room $195 $2,971 $3,770 $2,722 38.5% Bed & Breakfast- Room $111 $1,695 $2,157-1 $1,321 63.3% All Other Residential $199 $3,024 $3,843 $2,074 85.3% OFFICE AND FINANCIAL PER 1,000 FT2: General Office $39 $599 $762 $490 55.4% Medical Office $54 $828 $1,056 $2,192 -51.8% RETAIL PER 1,000 FTz: Under 100,000 FTz $68 $1,030 $1,315 $1,481 -11.2% 100,000-499,999 FT $70 $1,065 $1,364 $1,219 11.9% 500,000 & Over $79 $1,197 $1,525 $1,053, 44.8% GASOLINE SERVICES: Service Station Per Position $74 $1,131 $1,444 $5,076 -71.6% INDUSTRIAL PER 1,000 FTz: Warehouse $12 $176 $222 $88 150.9% Truck Terminal $23 $357 $459 $177 159.4% General Industrial $13 $198 $242 $98 147.3% INSTITUTIONAL: School - Elem. Per 1,000 FT $30 $449 $556 $479 16.1% School - Middle/High Per 1,000 FT $29 $445 $560 $478 17.2% Day Care Per 1,000 FT $26 $396 $504 $1,591 -68.3% Fraternal Or . Per 1,000 FT $42 $638 $807 $367 119.6% Hospital Per 1,000 FT $65 $990 $1,250 $673 85.6% Nursing Home Per 1,000 FT $12 $181 $238 $149 59.9% Library Per 1,000 FT $86 $1,307 $1,666 $1,084 53.7% RECREATIONAL: Park Public Per Acre $14 $207 $275 $91 203.5% Recreation Facility all Per 1,000 FT $16 $247 $318 $124 156.7% Golf Course Per Acre $23 $352 $444 $203 118.7% Movie Theatres per Seat $1 $22 $41 $17 146.2% 2009 Impact Fee Update - October 29, 2009 - 27 - 0 Z g S H 0 V) (A 0 W Z W Q W 0 � QZ 0 0' N 0 — W 0 W M CL RD ~OL~L Z� Q Z Z_ J N W ~ 0 Z 0 Z a J z 2 Im N N r+ N OM C7 st O N rn a0 CD Cn V• M N M C e CD O a0 (2 W M M O O w (O Cn O M r, O 00 N L r N 00 O V r� Cl) I N CD CD CCi (D Lo N ��pt N N M Cn N � CD M) CD CO et O M v r• r` I- O M M Cn tt N N CD CD «) V � V v> � � � 69 is u9 v9 v9 69 69 69 69 69 69 Go 6% � O H N O 00 V N O N O M CD 00 r+ OD a) 00 O N M co r, N N r` D) 0)aD LO r OD r: W r- r` W M 00 00 r- r th O .- V: (Ni O O 6. 69 V v (n O N N VA69 69 � N 69 69 N 69 N 69 69 69 69 U) 69 o 69 Vl 69. 69 d o 0 0 0 0 0 0 0 0 0 0 0 e o 0 0 0 0 M CD V: N M N N M O 7 M N 7 V: r• O o C o Ca In N W CD V' [t W CO N (O r` 1n O N V (D O D) V� co O O � L N N N N M CD In M N N N A N 00 00 Cn Z V J -0 co v M M O M r` O 00 LO N O V CD (D Vl d O s- O Lc)CO Cn O (n 0) r` N O '- co CD 0) N r` co Cf1 N CD N M W N r' V M v Ci C v N M M N v (.9 69 6o vt 2 69 69 69 69 69 69 b9 W a M CD N r` (D (D W (O CD CC) O 00 (O M Cn LL LL M co N Cn O O N N n N r` 00 CD O (C7 O 00 O 6'� b09 N O CD N 00 � N 6si u9 69 co O N 69 6) 69 69 f11 0% 69 V` V). 69 0 69C14 d o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M Cn O .- n r, V Cn n Cl) O N c0 N N O O N o 10 L O (D O O t0 CO O O CD Cl) CV (D M N M Cn Cn O r; O N r, CO N N co CQ O U 9 M CCi 0w M M N O O LO 0 D) (D CD O M r- J O N w V' L CD 00 w O O O) w Cn O O Cn 3 (D 0f0 N O LO V' Cn M r, co LO r- h Lo M» � � F=- a 6 t» 6 � � fn V» in u4 O Z 00 00 (D rn CD CD co M Cl) O Cl) N N CD O O CO ;i Cn u7 O v w (D O C) T O O C. 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TABLE II-9 EXISTING ROAD IMPACT FEES IN FLORIDA COUNTIES LCV Manatee $7,013 Marion $5,462 Martin $2,891 Miami/Dade $1,275 Monroe $633 Nassau $1,430 Orange $3,500 Osceola $6, 877 $4,822 $5,313 $1,923 $5,844 $2,290 gmach osa $2,237 a $8,515 le $1,061 $2,324 .ns $3,830 Sumter $1,996 2009 Impact Fee Update - October 29, 2009 - 30 - TABLE II-9 EXISTING ROAD IMPACT FEES IN FLORIDA COUNTIES Volusia $2,044 Wakulla $522 Mean $3,628 Median $2,845 St Lucie Mainland Revised $4,452 2009 Impact Fee Update - October 29, 2009 - 31 - III. Public Buildings Table III-1 shows the inventory of St Lucie County public buildings. This table also shows the size of the buildings, the replacement cost, and the value of contents. These data show a cost per square foot or floor area of $164.28. This is within a reasonable range for public Public Buildings Value: Buildin $143,250,650 Contents $26,722,600 Land na Total $169,973.250 Area 1,0 44,663 per Square Foot: Building $138.45 Contents $25.83 Total $164.28 buildings. Data from Engineering New Record report a per foot construction cost for office buildings of $177.16 in 2008 and $151.56 for 2009.6 This may be con- trasted with $138.45 for St Lucie County. The level of service provided is 3.70 square feet of floor area per capita. It should be kept in mind that this number includes court and correction facilities in addition to the general administrative spaces. The cost per capita is $608.46. However, St Lucie County has $88 million in outstanding public buildings debt. New develop- ments will pay to service and retire this debt. Thus, outstanding debt is subtracted from the total value to get a net of $84,688,220. This is $303.16. This cost will be used to establish net costs and recommended impact fees. 6 Engineering News Record, Square Foot Costs Book, 2008 and 2009, published by McGraw-Hill. 2009 Impact Fee Update - October 29, 2009 - 32 - 0 O 0 0 O O 0 o 0 0 0 0 0 0 0 0 0 0 0 69 0 0 69 O 0 0 0 0 0 0 0 0 0 0 0 0 0 O, _ CO r• O O �- 00 O O c0 o co 0 r. 0 0 O O O) O O) 0 0 0 0 0 0 0 0 w 3 O r- rt O 00 M O M O n ^ O O CO 0 O O O O ao M M O O cl)_O O Cl)_N (D Lo N _N eM-^ _M U > ci C'i 0) C4 � 69 bM9 Lo ol � 69 6N9 69 69 64 E13 EA � •'' C O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 4) CA h IT Cl) O Cl) O N 0 0 O 0 O 0 O O O O O O O Ln O 0 O N O N O O O O O O O O O CO O N r- M O M CD O) M (n 0) O 0) C (n V O M a) tOA N O O m O) t0 U') v CD O) 00 (D N OD r• N N N �t N O u) Cl) 2 V `- .M- to En 0oD W W 6<i 69 00 IY 6H O (D (0 O) v NNi N Cl) O 6% G7 w 6c) 6n%i � _M � � fM `- N 69 69 6q _O V) �64 69 . b9 69 (A NO O M 00 O 00 N r• U to 0 0 0 "T P O V N O M N 0 0 0 Ln O LL . tOn (N t00n ti coO 00 (O 0) uD CD 0w0 N COO 00 � W n r• M v N 00 r•` Ln W M M IT d7 r. 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D N CD LL U N Q E O O O N TABLE IV-2 PIIRI Ir RI m nine_ r-n0-r M%1 I A 11 I - - - --- - -- .+•..v LAND USES vvv I u I L-MIMLI URIC Occu anc Total Cost Net Cost Sin le Famil 1.047 $636.93 $317.35 Mobile Home/Rec. Vehicle 0.686 $417.16 $207.85 Multi-Famil 1 & 2 Sto 0.934 $568.06 $283.03 Multi -Family 3 + Stories 0.934 $568.06 $283.03 Hotel/Motel - Room 0.700 $425,92 $212.21 Bed & Breakfast - Room 0.700 $425.92 $212.21 All Other Residential 1.047 $636.-937 $317.35 OFFICE AND FINANCIAL PER 1,000 FT2: General Office 0.923 $561.30 $279.67 Medical Office 1.727 $1,050.86 $523.58 RETAIL PER 1,000 FT2: Under 100,000 FT 1.361 $827.81 $412.45 100,000-499,999 FT 1.564 $951.36 $474.01 500,000 & Over 1.242 $755.82 $376.58 GASOLINE SERVICES: Service Station Per Position 0.297 $180.98 $90.17 INDUSTRIAL PER 1,000 FT2: Warehouse 0.132 $80.06 $39.89 Truck Terminal 0.308 $187.69 $93.52 General Industrial 0.211 $128.45 $64.00 INSTITUTIONAL: School - Elem. Per 1,000 FT2 1.396 $849.53 $423.27 School - Middle/High Per 1,000 FT 1.388 $844.78 $420.91 Da Care Per 1,000 FT2 0.903 $549.55 $273.81 Fraternal Or . Per 1,000 FT 0.819 $0 $0 Hospital Per 1,000 FT 1.106 $672.90 $335.27- Nursing Home Per 1,000 FT 0.936 $569.52 $283.76 Per FT 1.407 $856.19 $426. 99 EC RECRREATIONAL:NAL: Park Public Per Acre 0.320 $194.76 $97.04 Recreation Facilityall Per 1,000 FT 0.428 $260.24 $129.66 Golf Course Per Acre 0.703 $427.85 $213.17 Movie Theatres per Seat 0.163 $99.25 $49.45 The per capita cost for additional public buildings is $303.16. This cost is spread over both the residential and non-residential sectors by means of functional popu- lation. Because impact fees are land development regulations, the requirement to pay impact fees is tied to a land use approval. Thus it is necessary to identify the relationship between land development and public buildings. The St Lucie County population that is served by public buildings includes people in their homes, em- 2009 Impact Fee Update - October 29, 2009 - 35 - ployees at work, customers at places of business, and drivers on the roads. To a great extent, these are the same people but in different locations. That is why the total growth cost is divided by the new population. But the total per capita cost is allocated between the residential and non-residential sectors based on their time spent at various uses of land. The total population of St Lucie County in 2009 is 279,351. This is also the func- tional population. The residents are assigned individual land uses based on the total number of people present at various land uses and the amount of time that they spend there. The function populations by land use for St Lucie Count are shown in Table IV-3. TABLE IV-3 HANGS IN PUBLIC BUILDING COSTS C Existin Fee Revised % Chan e LAND USES $392 $317 -19% Sin le Famil Mobile Home/Rec. Vehicle $256 $208 -19% Multi-Famil 1 & 2 Stor $350 $283 -19% Multi -Family 3 + Stories $350 $283 -19% Hotel/Motel - Room $253 $212 -16% Bed & Breakfast - Room $253 $212 -16% All Other Residential $392 $317 -19% OFFICE AND FINANCIAL PER 1,000 FTZ: General Office $440 $280 -36% Medical Office $703 $524 -25% RETAIL PER 1,000 FT-: Under 100,000 FT $494 $412 -17% 100,000-499,999 FT $569 $474 -17% 500,000 & Over $414 $377 -9% GASOLINE SERVICES: Service Station Per Position $71 $90 27% INDUSTRIAL PER 1,000 FTZ: Warehouse $62 $40 -36% Truck Terminal $125 $94 -25% General industrial $100 $64 -36% INSTITUTIONAL: School - Elem. Per 1,000 FT $563 $423 -25% School - Middle/High Per 1,000 FT $2,490 $421 -83% Da Care Per 1,000 FTZ $302 $274 -9% Fraternal Or . Per 1,000 FT $0 $0 0% Hospital Per 1,000 FT $470 $335 -29% Nursing Home Per 1,000 FT $507 $284 -44% Library Per 1,000 FT $709 $427 -4004 RECREATIONAL: Park Public Per Acre $71 $97 37% 2009 Impact Fee Update - October 29, 2009 - 36 - TABLE IV-3 CHANGF IN PIIRI If' RI III nluln ty%are LAND USES Existin Fee Revised % Change Recreation Facility all Per 1,000 FT $89 $130 46% Golf Course Pe $183 $213 16% Movie Theatres Seat $80 $49 -38% 2009 Impact Fee Update - October 29, 2009 - 37 - Table IV-3 FUNCTIONAL POPULATION ST LUCIE COUNTY LAND USES Sin le Famil Mobile Home/Rec. Vehicle Multi-Family1 & 2 Story2.334 Multi-Family3 + Stories Hotel/Motel - Room Bed & Breakfast - Room All Other Residential Total Employees Hours per Persons Visitor Days per Week Functional Po ulation 2.617 1.047 1.714 0.686 0.934 2.334 1.750 0.934 0.700 1.750 2.617 0.700 1.047 OFFICE AND FINANCIAL PER 1,000 Office FT2: 7.32 3.00 0.50 6.00 0.92 General Office 30.03 4.00 1.00 5.00 1.73 Medical RETAIL PER 1,000 FT2: Under 100,000 FT2 36.90 3.75 0.08 7.00 1.36 100,000-499,999 FT2 24.67 3.50 0.45 7.00 1.56 500,000 & Over 18.38 2.75 0.50 7.00 1.24 GASOLINE SERVICES: Service Station Per Position 84.28 0.05 0.08 7.00 0.30 INDUSTRIAL PER 1,000 FT2: Warehouse 1.34 0.50 0.50 5.00 0.13 Truck Terminal 2.71 1.25 0.25 5.00 0.31 General Industrial 1.49 0.80 1.00 5.00 0.21 INSTITUTIONAL: School - Elem. Per 1,000 FT2 9.02E!O.60 5.00 5.00 1.40 School - Middle/Hi h Per 1,000 FT2 Da Care Per 1,000 FT2 8.9465 59.45 0.08 5.00 0.50 5.00 5.00 1.39 0.90 Fraternal Or . Per 1,000 FT2 Hospital Per 1,000 FT2 5.47 10.07 2.00 3.10 2.00 0.25 6.00 7.00 0.82 1.11 Nursing Home Per 1,000 FT2 2.23 3.00 2.00 7.00 0.94 Library Per 1,000 FT2 32.40 1.00 1.00 1 6.00 1.41 RECREATIONAL: Park Public Per Acre 2.39 0.10 3.00 7.00 0.32 Recreation Facility Per 1,000 FT2 Golf Course Per Acre Movie Theatres per Seat 3.26 5.29 1.84 0.10 0.20 0.04 3.00 3.00 2.00 7.00 7.00 7.00 0.43 0.70 0.16 2009 Impact Fee Update - October 29, 2009 - 38 - The updated public buildings impact fee for a single family home is contrasted with other existing public buildings impact fees. Table IV-5 EXISTING PUBLIC BUILDING IMPACT FFFs -County Public Bld Charlotte $780 Citrus $625 Collier $807 DeSoto $971 Gilchrist $1,000 Hernando $302 Indian River $206 Martin $436 Nassau $231 Palm Beach $148 Sarasota $303 St Lucie $392 St. Johns $378 Wakulla $317 Mean $493 Median $385 St Lucie Updated $317 2009 Impact Fee Update - October 29, 2009 - 39 - IV. Parks &Recreation Table V-1 shows the park & recreational areas of St Lucie County and calculates the existing level of service of 5.28 acres of all types of parks per 1,000 population. The adopted level of service is 5.00 acres of parks per 1,000 population. The appraised values shown in Table V-1 are those established by the St Lucie County Property Appraiser for the current year (2008). The vales per acre by type of park are estab- lished in a three step process. First, the average value per acre is the sum of the values by type of park divided by the number of acres of that type of park. Next the average value per acre by type of park is calculated by dropping the highest and lowest parcels in terms of value per acre. The third step is to select the lower of the two averages, and this value is used the Table V-2. TABLE V -1 PARKS INVENTORY, ACREAGE AND VALUE PARK ACRES APPRAISED Average Calculation Value per Acre Acres Value INLAND PARKS Collins Park 1.0 $140,806 $140,806 1.0 $140,806 Elks Park Deed 12.4 $470,100 $37,911 12.4 $470,100 Indrio School House 8.1 $458,200 $56,568 8.1 $458,200 Lakewood Park 7.3 $420,300 $57,575 7.3 $420,300 Palm Lake/Indian River Estates 9.0 $29,600 $3,289 Low Paradise Park 3.0 $115,500 $38,500 3.0 $115,500 Ravenswood Complex 1.6 $305,700 $182,783 1.6 $305,700 Lakewood Park Regional Park 156.0 $8,621,300 $55,265 156.0 $8,621,300 Lawnwood Regional Complex 117.5 $3,281,400 $27,927 117.5 $3,281,400 Sheraton Plaza Recreation Area 5.7 $87,900 $15,421 5.7 $87,900 Weldon B. Lewis 14.4 $807,587 $56,082 14.4 $807,587 South Count Re Tonal Sports Complex 10.3 $3,550,300 $344,689 High Casa Ca rona * 2.0 Walton Community Center * 0.9 WTVX Park * 20.0 Dreamland/MLK Interlocal 14.9 $1,281,900 $86,034 14.9 $1,281,900 Horatio Grisb Lease 6.3 $332,100 $52,714 6.3 $332,100 Ilous Ellis/Open Space 15.7 $918,100 $58,478 15.7 $918,100 Lincoln Park Lease 4.0 $645,000 $161,250 4.0 $645,000 Maravilla Park Deed 6.1 $1,460,300 $239,393 6.1 $1,460,300 White City School Interlocal 7.8 $681,700 $87,397 7.8 $681,700 Savannas Recreation Area Lease 600.0 $2,019,000 $3,365 600.0 $2,019,000 TOTAL INLAND PARKS 1,024.0 $26,626,793 $26,026 981.8 $22,046,893 Inland Parks per Acre $22,456 BEACH PARKS & ACCESSES Frederick Douglass Park 13.7 $6,364,356 1 $464,552 13.7 $6,364,356 2009 Impact Fee Update - October 29, 2009 - 40 - TABLE V -1 PARKS INVENTORY, ACREAGE AND VALUE PARK ACRES APPRAISED Average Calculation Value per Acre Acres Value John Brooks Park Green Turtle 22.7 $7,711,047 $339,694 22.7 $7,711,047 -Pepper Park East -Side 52.4 $21,063,200 $401,969 52.4 $21,063,200 Walton Rocks Beach(Owned b y FPL 24.0 $284,900 $11,871 Low Waveland Beach 3.6 $2,182,200 $606,167 3.6 $2,182,200 Blind Creek Access " 14.0 Blue Heron Access * 4.3 Bryn Mawr Access ` 1.3 Herman's Bay Beach Access 1.0 $1,218,800 $1,218,800 High Isabella Park * 24.1 John Brooks Park (Green Turtle) (Owned by State of Florida) * 22.7 Middle Cove Beach Access 1.0 $826,682 $826,682 1.0 $826,682 Normandy Beach Access 1.0 1 $1,000,000 1 $1,000,000 1.0 $1,000,000 Dollman Beach Access 15.0 $4,331,833 $288,789 15.0 $4,331,833 TOTAL BEACH PARKS & ACCESSES 200.8 $44,983,018 $224,019 109.4 $43,479,318 Beach Parks & Access per Acre $397,434 RIVER PARKS & ACCESSES River Park Marina 12.6 $1,989,000 $157,857 12.6 $1,989,000 Black Pearl 2.0 $2,294,277 $1,147,139 2.0 $2,294,277 Harbour Pointe 20.0 $11,267,800 $563,390 20.0 $11,267.800 North Causeway 11.5 $600 $52 Low Museum Pointe Park 16.6 $10,322,900 $621,861 16.6 $10,322,900 Stan Blum Boat Rams 14.0 $832,612 $59,472 14.0 $832,612 White City Park 17.0 $681,700 $40,100 17.0 $681,700 Dollman River Side 128.7 $69,562,000 $540,497 High -Pepper Park River Side 27.4 $1,033,100 $37,704 27.4 $1,033,100 TOTAL RIVER PARKS & ACCESSES 249.8 $97,983,989 1 $392,250 109.6 $28,421,389 River Parks & Access per Acre $269,319 TOTAL INLAND PARKS 1,024.0 $25,626,793 $25,026 981.8 $22,456 TOTAL BEACH PARKS & ACCESSES 200.8 $44,983,018 $224,019 109.4 $224,019 TOTAL RIVER PARKS & ACCESSES 249.8 $97,983,989 $392,250 109.6 $259,319 GRAND TOTAL 1,474.5 $169,019,900 $114,629 -Population Served 279,351 Level of Service per 1,000 Population - Existing 5.28 Level of Service per 1,000 Population - Adopted 5.00 SOURCE: St Lucie County, Evaluation and Appraisal Report, May 2008, and Capital Improvement Element, Adopted Nov 25, 2008, Page 9. Note: Moved North Savannas Dike to ESL -65.1 acres *The land value of these parks was not included in the calculation of average land value by type of park. Table V-2 summarizes the equipment and facilities offered at the various parks along with the replacement value of those equipment and facilities. Table V-2 also contains the value of the park and recreational lands shown in Table V-1. The total value of the 2009 Impact Fee Update - October 29, 2009 - 41 - St Lucie County park system amounts to $181,562,983, which is $649.95 per capita. TABLE V - 2 PARKS INVENTORY AND COSTS Recreation Facilities Number Cost per Extension Tennis Courts 22 $40,000 $880,000 Shuffle/Handball/Racquetball Courts 20 $20,000 $400,000 Basketball Courts 11 $45,000 $495,000 Ball Fields - Lit 4 $275,000 $1,100,000 Ball Fields - Unlit 55 $180,000 $9,900,000 Equipped Playgrounds 14 $100,000 $1,400,000 Large Pavilions 7 $35,000 $245,000 Small Pavilions 68 $15,000 $1,020,000 Picnic Tables/facilities 103 $2,500 $257,500 Rest Rooms 22 $80,000 $1,760,000 Covered Equestrian Area 1 $1,250,000 $1,250,000 Boat Ramp Lanes 16 $125,000 $2,000,000 Recreation Center Small less than 5,000 FTZ 3 100 per FTZ $800,000 Regional Recreation Center Hurricane Shelter 1 200 per FT $14,000,000 Pools 4 $300,000 $1,200,000 Pool - 50 Meter 0 $2,500,000 $0 Fishing Areas/Docks 13 $100,000 $1,300,000 Beach Access with Parkin 6 $300,000 $1,800,000 Football Stadium 1 $9,000,000 $9,000,000 Park & Recreation Land Area Acres Cost per Inland Parks 1,024.0 $22,456 $22,994,519 Beach Parks & Access 200.8 $224,019 $44,983,018 River Parks & Access 249.8 $259,319 $64,777,947 TOTAL 1,474.5 Level of Service 5.00 acres per 1,000 TOTAL VALUE OF PARK AND RECREATION $181,562,983 Population Served 279,351 Cost per Capita $649.95 Outstanding Park & Recreation Debt $18,975,318 Citizens Equity $162,587,666 Equity er Capita $582.02 Equity er Capita at Adopted Level of Service $551.29 NOTES: Land values from St Lucie County Property Appraiser. Facilities and equipment values from St Lucie County Parks & Recreation Department. St Lucie County presently has $19 million in outstand debt, the proceeds of which were used to provide park and/or recreation land and facilities. Therefore this amount is subtracted from the value of parks to arrive at a Citizens' equity of $162,587,666, or $582.02 per capita. However, the adopted level of service is 5.00 acres per 1,000 population. The net cost per capita at the adopted level of service is $551.29. Table 2009 Impact Fee Update - October 29, 2009 - 42 - V-3 takes this per capita net figure and applies it to St Lucie County occupancy rates to arrive at up -dated park impact fees. This update would involve an increase of 180% over the existing park fee. TABLE V-3 PARK & RECREATION IMPROVEMENTS IMPACT FEE ST LUCIE COUNTY Occupancy Existing Fee Revised Fee Change LAND USE TYPE UNIT Single Family 2.62 $515 $1,443 180.1% Mobile Home/Rec. Vehicle 1.71 $337 $945 180.2% Multi -Family 1 & 2 Story 2.33 $458 $1,287 180.9% Multi -Family 3 + Stories 2.33 $458 $1,287 180.9% Hotel/Motel - Room 1.75 $331 $965 191.4% Bed & Breakfast - Room 1.75 $331 $965 191.4% All Other Residential 2.62 $514 $1,443 180.5% The updated park and recreation impact fee for St Lucie County is contrasted with other park and recreation impact fees in Table V-5. TABLE V-5 PARK IMPACT FEES FLORIDA COUNTIES County Parks Wakulla $53 Lev $150 Lake $222 Putnam $227 Alachua $252 Fla ler $268 Bradford $269 Monroe $340 Hillsborough $354 Glades $366 Desoto $370 Broward non-infill $389 Polk $444 Hernando $501 St Lucie $515 Nassau $520 Volusia $566 Citrus $723 St. Johns $753 Highlands $757 2009 Impact Fee Update - October 29, 2009 - 43 - TABLE V-5 PARK IMPACT FEES FLORIDA COUNTIES County Parks Pasco $892 Osceola $924 Manatee $971 Orange $1,123 Miami/Dade $1,173 Indian River $1,463 Lee $1,479 Palm Beach $1,540 Charlotte $1,660 Martin $2,345 Sarasota $2,348 Collier $3,299 Mean $852 Median $543 St Lucie Revised $1,443 2009 Impact Fee Update - October 29, 2009 - 44 - V. Summary Table V-1a through V-1e summarize the updated consumption driven impact fees and add in the other impact fees to get a picture of all impact fees to be imposed by St Lucie County. Following the five updated and recommended fee schedules, Tables VI-2a and VI-211b show the percentage changes in impact fees by area of St Lucie County. Lastly, Table VI-3 contrasts the total impact fees recommended with impact fees presently in existence in other Florida counties. 2009 Impact Fee Update - October 29, 2009 - 45 - Table V-1a RECOMMENDED IMPACT FEES MAINLAND Roads Public Parks School Library Fire/ EMS Law Total gPubli s .AND USE tESIDENTIAL: $4,452 $317 $1,443 $5,447 $205 $525 $194 $12,582 Single Family $2,226 $208 $945 $1,572 $184 $107 $128 $5,370 Mobile Home/Rec. Vehicle $3,246 $283 $1,287 $2,787 $133 $106 $174 $8,016 Multi -Family 1 & 2 Story $1,702 $283 $1,287 $2,787 $133 $106 $174 $6,472 Multi-Family3 + Stories $3,541 $212 1 $965 1 $0 $0 $245 $130 $5,093 Hotel/Motel - Room $2,016 $212 $965 $0 $0 $246 $130 $3,569 Bed & Breakfast - Room $4,452 $317 $1,443 $5,447 $205 $525 $194 $ 12,582 All Other Residential DFFICE AND FINANCIAL PER 1,000 FTZ: $0 $0 $310 $286 $3,541 $2,553 $280 $0 General Office $3,529 $524 $0 $0 $0 $310 $186 $4,549 Medical Office RETAIL PER 1,000 FTZ: $412 $0 $0 $0 $487 $698 $6,364 Under 100,000 FTZ Under 1 0,000 $4,766 $474 $0 $0 $0 $487 $804 $6,697 1 9 FT $4,932 $377 $0 $0 $0 $487 $688 $7,097 500,000 &Over $5,545 GASOLINE SERVICES: $90 $0 $0 $0 $1,610 $698 $5,008 Service Station Per Position 6 $2,09 INDUSTRIAL PER 1,000 FTZ: $0 $0 $0 $70 $36 $840 $694 $40 Warehouse $1,395 $94 $0 $0 $0 $70 $71 $1,629 Truck Terminal $758 $64 $0 $0 $0 $70 $56 $948 General Industrial INSTITUTIONAL: $1,746 $423 $0 $0 $468 $242 $2,879 FT School - Elem. Per 1,000 FT Elem.eMiddle/High $0 #$$00 $0 $468 $160 $2,767 School - Per FT $1,718 $421 $468 $153 $2,428 $1,533 $274 $0$0 Da Care Per 1,000 FTZ $0 $0 $468 $72 $3,036 Fraternal Or .Per 1,000 FTZ $2,496 $0 $0 $0 $0 $0 $468 $72 $4,742 Hospital Per 1,000 FT $3,867 $335 $0 $0 $0 $1,159 $72 $2,216 NursingHome Per 1,000 FT $701 $284 $0 $0 $0 $468 $73 $6,076 Library Per 1,000 FT $5,109 $427 1 RECREATIONAL: $617 $97 $0 $0 $44 $73 $831 Park Public Per Acre $859 $130 $0 $0 $44 $73 $1,105 Recreation Facilityall Per 1,000 FT $0 T$o $44 $73 $1,713 $1,383 $213 $0 Golf Course Per Acre $0 $0 $487 $73 $727 Movie Theatres per Seat $117 $49 2009 Impact Fee Update - October 29, 2009 - 46 - Table V-1b RECOMMENDED IMPACT FEES NORTH ISLAND LAND USE Roads Buildings s Parks School Library EMS Law Total RESIDENTIAL: Single Family $3,549 $317 $1,443 $5,447 $205 $525 $194 $11,679 Mobile Home/Rec. Vehicle $1,855 $208 $945 $1,572 $184 $107 $128 $4,999 Multi -Family 1 & 2 Story $3,085 $283 $1,287 $2,787 $133 $106 $174 $7,855 Multi-Famil 3 + Stories $1,908 $283 $1,287 $2,787 $133 $106 $1 44 $6,678 Hotel/Motel - Room $4,981 $212 $965 $0 $0 $245 $130 $6,533 Bed & Breakfast - Room $3,009 $212 $965 $0 $0 $246 $130 $4,562 All Other Residential $3,549 $317 $1,443 $5,447 $205 $525 $194 $11,679 OFFICE AND FINANCIAL PER 1,000 FT2: General Office $862 $280 1 $0 $0 $0 $310 $298 $1,750 Medical Office $1,210 $524 $0 $0 $0 $310 $186 $2,230 RETAIL PER 1,000 FT': Under 100,000 FT2 $1,500 $412 $0 $0 $0 $487 $698 $3,098 100,000-499,999 FT2 $1,545 $474 $0 $0 $0 $487 $804 $3,310 500,000 & Over $1,735 $377 $0 $0 $0 $487 $688 $3,287 GASOLINE SERVICES: Service Station Per Position $819 $90 $0 $0 $0 $1,610 $698 $3,218 INDUSTRIAL PER 1,000 FT2: Warehouse $259 $40 $0 $0 $0 $70 $36 $405 Truck Terminal $516 $94 $0 $0 $0 $70 $71 $750 General Industrial $278 $64 $0 $0 $0 $70 $56 $468 INSTITUTIONAL: School - Elem. Per 1,000 FT2 $640 $423 $0 $0 $0 $468 $242 $1,773 School - Middle/High Per 1,000 FT2 $645 $421 $0 $0 $0 $468 $160 $1,694 Day Care Per 1,000 FT2 $577 $274 $0 $0 $0 $468 $153 $1,472 Fraternal Or . Per 1,000 FT2 $923 $0 $0 $0 $0 $468 $72 $1,463 Hospital Per 1,000 FT2 $1,444 $335 $0 $0 $0 $468 $72 $2,319 Nursing Home Per 1,000 FT2 $254 $284 $0 $0 $0 $1,159 $72 $1,769 Library Per 1,000 FT2 $1,895 $4EI. $0 1 $73 $2,862 RECREATIONAL: Park Public Per Acre $306 $97 $0 $0 $0 $44 $73 $520 Recreation Facility all Per 1,000 FT2 $367 $130 $0 $0 $0 $44 $73 $613 Golf Course Per Acre $516 $213 $0 $0 $0 $44 $73 $846 Movie Theatres per Seat $49 $49 $0 $0 $0 $487 $73 $659 2009 Impact Fee Update - October'29, 2009 - 47 - Table V-1c RECOMMENDED IMPACT FEES FT PIERCE ISLAND LAND USE Roads Public Buildin s Parks School Library Fire/ EMS Law Total RESIDENTIAL: Single Family $4,106 $317 $1,443 $5,447 $205 $525 $194 $12,236 Mobile Home/Rec. Vehicle $2,504 $208 $945 $1,572 $184 $107 $128 $5,648 Multi -Family 1 & 2 Story $3,653 $283 $1,287 $2,787 $133 $106 $174 $8,423 Multi -Family 3 + Stories $1,908 $283 $1,287 $2,787 $133 $106 $174 $6,678 Hotel/Motel - Room $3,984 $212 $965 $0 $0 $245 $130 $5,536 Bed & Breakfast - Room $2,271 $212 $965 $0 $0 $246 $130 $3,824 All Other Residential $4,106 $317 $1,443 $5,447 $205 $525 $194 $12,236 OFFICE AND FINANCIAL PER 1,000 FTZ: General Office $669 $280 $0 $0 $0 $310 $298 $1,557 Medical Office $911 $524 $0 $0 $0 $310 $186 $1,931 RETAIL PER 1,000 FTZ: Under 100,000 FT $1,727 $412 $0 $0 $0 $487 $698 $3,325 100,000-499,999 FT $1,585 $474 $0 $0 $0 $487 $804 $3,350 500,000 & Over iiA $1,545 -It $0 $0 $0 $487 $688 $3,097 GASOLINE SERVICES: Service Station Per Position $1,230 $90 $0 $0 $0 $1,610 $698 $3,629 INDUSTRIAL PER 1,000 FTZ: Warehouse $165 $40 $0 $0 $0 $70 $36 $311 Truck Terminal $322 $94 $0 $0 $0 $70 $71 $556 General Industrial $190 $64 $0 $0 $0 $70 $56 $380 INSTITUTIONAL: School - Bern. Per 1,000 FT $214 $423 $0 $0 $0 $468 $242 $1,347 School - Middle/High Per 1,000 FT $479 $421 $0 $0 $0 $468 $160 $1,528 Day Care Per 1,000 FT $436 $274 $0 $0 $0 $468 $153 $1,331 Fraternal Or . Per 1,000 FT $706 $0 $0 $0 $0 $468 $72 $1,246 Hospital Per 1,000 FT $472 1 $335 1 $0 1 $0 $0 $468 $72 $1,347 Nursing Home Per 1,000 FTZ $202 $284 $0 $0 $0 $1,159 $72 $1,717 Library Per 1,000 FT $1,427 $427 $0 $0 $0 $468 $73 $2,394 RECREATIONAL: Park Public Per Acre $177 $97 $0 $0 $0 $44 $73 $391 Recreation Facility all Per 1,000 FT $230 $130 $0 $0 $0 $44 $73 $476 Golf Course Per Acre $387 $213 $0 $0 $0 $44 $73 $717 Movie Theatres per Seat $41 $49 $0 $0 $0 $487 $73 $651 2009 Impact Fee Update - October 29, 2009 - 48 - Table V-1d RECOMMENDED IMPACT FEES SOUTH ISLAND LAND USE Roads Public Buildings Parks School Library Fire/ EMS Law Total RESIDENTIAL: Single Family $3,843 $317 $1,443 $5,447 $205 $525 $194 $11,973 Mobile Home/Rec. Vehicle $2,351 $208 $945 $1,572 $184 $107 $128 $5,495 Multi -Family 1 & 2 Story $3,431 $283 $1,287 $2,787 $133 $106 $174 $8,201 Multi -Family 3 + Stories $1,790 $283 $1,287 $2,787 $133 $106 $174 $6,560 Hotel/Motel - Room $3,770 $212 $965 $0 $0 $245 $130 $5,322 Bed & Breakfast - Room $2,157 $212 $965 $0 $0 $246 $130 $3,710 All Other Residential $3,843 $317 $1,443 $5,447 $205 $525 $194 $11,973 OFFICE AND FINANCIAL PER 1,000 FTTz: General Office $762 $280 $0 $0 $0 $310 $298 $1,650 Medical Office $1,056 $524 $0 $0 $0 $310 $186 $2,076 RETAIL PER 1,000 FTz: Under 100,000 FT $1,315 $412 $0 $0 $0 $487 $698 $2,913 100,000-499,999 FT $1,364 $474 $0 $0 $0 $487 $804 $3,129 500,000 & Over $1,525 $377 $0 $0 $0 $487 $688 $3,077 GASOLINE SERVICES: Service Station Per Position $1,444 $90 $0 $0 $0 $1,610 $698 $3,843 INDUSTRIAL PER 1,000 FTz: Warehouse $222 $40 $0 $0 $0 $70 $36 $368 Truck Terminal $459 $94 $0 $0 $0 $70 $71 $693 General Industrial $242 $64 $0 $0 $0 $70 $56 $432 INSTITUTIONAL: School - Elem. Per 1,000 FT $556 $423 $0 $0 $0 $468 $242 $1,689 School - Middle/High Per 1,000 FT $560 $421 $0 $0 $0 $468 $160 $1,609 Day Care Per 1,000 FTz $504 $274 $0 $0 $0 $468 $153 $1,399 Fraternal Or . Per 1,000 FT $807 $0 $0 $0 $0 $468 $72 $1,347 Hospital Per 1,000 FT $1,250 $335 $0 $0 $0 $468 $72 $2,125 Nursing Home Per 1,000 FTz $238 $284 $0 $0 $0 $1,159 $72 $1,753 Library Per 1,000 FT $1,666 $427 $0 $0 $0 $468 $73 $2,633 RECREATIONAL: Park Public Per Acre $275 $97 $0 $0 $0 $44 $73 $489 Recreation Facility all Per 1,000 FT z $318 $130 $0 $0 $0 $44 $73 $564 Golf Course Per Acre $444 $213 $0 $0 $0 $44 $73 $774 Movie Theatres per Seat $41 $49 $0 $0 $0 $487 $73 $651 2009 Impact Fee Update - October 29, 2009 - 49 - o 0 0 0 0 0 0 0 0 o ' 0 0 0 0 0 0 .- N OR m (D N M M co n (O W MV M Ln (OD coN M (n Cl) U 9 Cl) LO O N O M O (D M Q) I� 0M N m m C •O M N 0) 0) 0) st O N (D LLi N M (- P 0) (n (O Ih O O N I- O a a0 co m CD CD c0 co O (D �- (n 00 (D 4') M N N M (M M L O. 69 Vd V) V! 69 69 V) V) 69 V) V) 69 H 0 O O O O O a7 N 0 M I` N N CO O 00 . 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G ± § I § R f 2 ƒ £) G k q q # k m m CL D $ L a / k q Table V-3 compares the highest updated fees for St Lucie County with the totals for other Florida counties. Many counties do not have all of the impact fees and others have not kept their impact fees current. For example, Monroe County's fees have not been updated since 1987. Also, many counties have temporarily reduced or sus- pended some or all impact fees due to the current economic recession. Table V-3 COMPARATIVE COUNTY IMPACT FEES County Parks Public Bldg Library Roads EMS Law/Jail Fire Other School Total Facilities Alachua $252 $2,798 $152 $3,202 Baker $1,500 $1,500 Bay $2,352 $2,352 Bradford $269 $210 $2,500 $71 $686 $281 $1,000 $5,017 Brevard $64 $4,353 $39 $72 $93 $232 $4,445 $9,298 Broward non-infill $389 $1,844 $2,233 Charlotte $1,660 $780 $160 $5,080 $300 $400 $8,380 Citrus $723 $625 $251 $4,853 $69 $257 $497 $2,109 $9,384 Clay $5,814 $7,034 $12,848 Collier $3,299 $807 $506 $8,884 $112 $531 $1,043 $10,099 $25,281 Columbia $1,046 $406 $109 $1,500 $3,061 Desoto $370 $971 $163 $4,750 $538 $398 $4,562 $11,752 Fla ler $268 $1,438 $3,600 $5,307 Gilchrist $1,000 $1,750 $750 $3,500 Glades $366 $3,363 $93 $4,322 $8,144 Hendry$2,490 $5,101 $7,591 Hernando $501 $302 $154 $3,627 $99 $99 $4,266 $9,048 Highlands $757 $245 $6,594 $915 $759 $5,801 $15,070 Hillsborough $354 $1,475 $49 $2,000 $3,877 Indian River $1,463 $206 $483 $5,202 $244 $278 $245 $1,756 $9,877 Lake $222 $191 $2,189 $369 $9,324 $12,295 Lee $1,479 $8,976 $94 $739 $4,309 $15,597 Le $150 $1,046 $53 $53 $1,302 Manatee $971 $7,013 $839 $182 $6,350 $15,355 Marion $5,462 $252 $3,516 $9,230 Martin $2,345 $436 $456 $2,891 $459 $357 $5,567 $12,511 Miami/Dade $1,173 1 $1,275 $411 $177 $2,448 $5,484 Monroe $340 $242 $633 $150 $105 $1,470 Nassau $520 $231 $1,430 $150 $121 $3,726 $6,178 Orange $1,123 $3,500 $193 $201 $11,829 $16,846 Osceola $924 $6,877 $159 $9,981 $17,941 Palm Beach $1,540 $148 $161 $4,822 $171 $528 $3,998 $11,367 Pasco $892 $145 $5,313 $172 $248 $4,356 $11,126 2009 Impact Fee Update - October 29, 2009 - 52 - Table V-3 COMPARATIVE COUNTY IMPACT FEES County Parks Public Bldg Library Roads EMS Law/Jail Fire Other School Total Facilities Pinellas $1,923 $1,923 Polk $444 $197 $5,844 $410 $313 $4,171 $11,379 Putnam $227 $2,290 $70 $88 $4,347 $7,023 Santa Rosa $2,237 $2,237 Sarasota $2,348 $303 $380 $8,515 $101 $880 $197 $2,032 $14,756 Seminole $54 $1,061 $172 $5,000 $6,287 St Lucie $515 $392 $205 $2,324 $194 $525 $5,447 $9,602 St. Johns $753 $378 $3,830 $188 $501 $3,895 $9,545 Sumter $1,996 $397 $2,393 Volusia $566 $2,044 $278 $6,066 $8,954 Wakulla $53 $317 $119 $522 $236 $1,247 Mean $852 $493 $231 $3,628 $87 $379 $307 $239 $4,516 $8,381 Median $543 $3E85jEg 7 $2,845 $82 $279 $252 $239 $4,309 $8,667$1,443 $35 $4,462 $194 _rr 11- $525 ....IL...H.... ..F �.nmc $6,447 nr oil of $12,682 fhP Note; Many of the counties listed above nave iempurar Hy SUSPe lUeU LI IQ impact fees that are shown. 2009 Impact Fee Update - October 29, 2009 - 53 - CouNTY F L O R I D A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Growth Management Department SUBJECT: Savanna Club and Lennard Road BACKGROUND: See attached memorandum ITEM NO. V-III DATE: 12/15/09 REGULAR (X) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) PRESENTED BY: Mark Satterlee, AIC' Director FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to initiate the eighth amendment to the Savanna Club DRI development order for the realignment of Lennard Road, as outlined in the attached memorandum. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5.0 County Attorney ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Surveyor Daniel S. McIntyre County Engineer ( ) AlV? Michael Powley Originating Dept. ( ) Mark Satterlee ERD Ron Harris en Smith Growth Management Department '!COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: N/A FROM: Mark Satterlee, AICP, Growth Management DirectoTe— DATE: December 15, 2009 SUBJECT: Savanna Club and Lennard Road ITEM NO. VIII Background: This is a request from staff to initiate an eighth amendment to the Savanna Club Development of Regional Impact (DRI) Development Order (82-058) for the realignment of Lennard Road. On September 22, 2009, the Board had a discussion at the Informal Meeting regarding a possible alternative to the currently required second entrance via Savanna Club Boulevard and the present terminus at Port St. Lucie High School. The current alignment has been recognized for many years and is a part of the original development order for the Savanna Club DRI. As the Savanna Club has developed, the implementation of the overall Lennard Road plan has met with increasing resistance from the Savanna Club residents. Commissioner Coward has proposed a compromise to the original scope of the Lennard Road project adjacent to the Savanna Club. At the September Informal Meeting, the Board appeared to reach a consensus on the proposed compromise. Further, the compromise has been presented to the Savanna Club residents who have agreed that it is preferable to the existing requirement. To amend the development order, the Board should take formal action on agreeing to the proposed realignment and authorize staff to initiate the amendment process. As seen in the attached maps, the proposed change is to realign Lennard Road to construct a second entrance into the Savanna Club via Bromeliad Circle. The approved development order calls for Lennard Road to extend from Port St Lucie High School to Savanna Club Boulevard. As the Savanna Club is a DRI, changes to the development order must be initiated through consultation with the Treasure Coast Regional Planning Council (TCRPC). In preliminary conversations with the TCRPC, it appears that the change may be processed relatively swiftly as the proposed realignment does not impact any existing development or prevent the future extension of the road along the original alignment. Staff at the TCRPC indicates that this amendment may be accomplished via a letter request for concurrence of non substantive change. Savanna Club and Lennard Road BOCC Agenda Item VIII December 15, 2009 Page 2 CONSIDERATIONS • The County's Long Range Transportation Plan has consistently identified the proposed Lennard Road corridor for almost three decades. • The PD&E study demonstrated the need for this roadway in 2030. • It is essential a second entrance for Savanna Club be constructed. • Funds are available from the developer for the construction of the second connection required by the Development Order from the Port St. Lucie High School to Savanna Club Boulevard. CONSTRAINTS • A substantial shortfall exists between our transportation needs and our transportation funding. • The route of the Development Order -required connection is opposed by the residents. GOALS • Provide a second entrance for Savanna Club residents in the near term. • Construct Lennard Road when funding permits. PROPOSAL • Construct a shorter connection from the Port St. Lucie High School to Bromeliad Circle. • Modify the existing Development Order to accommodate the proposed change. • Commit to a minimum ten-year construction abeyance for the overall Lennar Road PD&E. Recommendation Board authorization to initiate the eighth amendment to the Savanna Club DRI development order for the realignment of Lennard Road, as outlined in this agenda memorandum. Attachments Lennard Road Corridor Aerial Savanna Club and Lennard Road Right -of -Way Aerial Savanna Club Bromeliad Circle Entrance "Savannas State •_� Preserve- _ '� _ � � '� _�- - :•" �- -- - - - -- - Lerman - va na, State e,Cr , Y na Ridge .� li .. "School _ _ _ , Qad ale rt r , " reserve! -, _ Nl�i.mit ist�� .. .CS�fcail7., ... DNel-' Roads f ,. 10, t .I Sant r . L �i'' • =. I Port St in ou rd ,. • , y ., , � H igh Schanz,. Y , x 7- rJ � SI ..z " e , K' din Fiuc 2 3 OF tirlic�y __§$ `Y'referi-ecC ��,r ;orridor._,,� j RIGHT -,OF -WAY Inl y I m L_ / I i � I\ t`dM• CD - n1 S '� z 8 r m CID BOARD OF COUNTYRs - REVIs1 oh s m . SAVANNA CLUB FLc^� SAINT LUCIE COUNTY,FLORIDA , BROMELIAD CIRCLE PUBLIC WORKS DEPT , ENGINEERING DIVISION, _ �I Ny, ENTRANCE 23M YIIRGINIA AVE..FORT PIXRCR. FLORIDA49B2 - - _._