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Agenda Packet 01-05-2010
REVISED January 5, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISE©9 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. January 5, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.org 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 INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the December 22, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-011 — A resolution recognizing the contributions of the Teen Anglers to the St. Lucie County Artificial Reef Program. Consider staff recommendation to adopt Resolution No. 10-011 as drafted. B. COUNTY ATTORNEY Resolution No. 10-014 proclaiming January 9, 2010 as "Delia Lane Day" in St. Lucie County, Florida. Consider staff recommendation to adopt the attached Resolution No. 10-014 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 13 B. COUNTY ATTORNEY Request Permission to Advertise Notice of Intent to vacate a portion of the Plat of Airport West Commerce Park Phase I as recorded in Plat Book 60, Pages 31-35 Consider staff recommendation to authorize staff to advertise a Notice of Intent to vacate a portion of the Plat of Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31-35. 2. First Amendment to Road Improvement Agreement with KB Homes for Neill Farms Development Consider staff recommendation to approve the First Amendment with KB Homes. Resolution No. 10-015 — Supporting the request of Nettles Island Community Action Association for a traffic light at South Hutchinson Island along A-1-A at the entrance to Nettles Island. Consider staff recommendation to adopt the attached Resolution No. 10-015 supporting the request of Nettles Island Community Action Association for a traffic light at South Hutchinson Island along A-1-A at the entrance to Nettles Island. Bear Point Mitigation Bank — Credit Reservation Agreement with River Pak Place 2, L.P. Consider staff recommendation to approve the proposed Credit Reservation Agreement with River Park Place 2, L.P., and authorize the Chairman to sign the agreement. Supporting the efforts of Bill Wallace and the Wallace Automotive Group to remain a presence in St. Lucie County as a Chrysler Jeep and Cadillac Dealer. Consider staff recommendation to adopt the attached 11b supporting the efforts of Bill Wallace and the Wallace Automotive Group to remain a presence in St. Lucie County as a Chrysler Jeep and Cadillac Dealer. 6. Request to amend and approve a Contractual Rate Agreement with United for Families, Inc. (UFF) for drug screening services received at the St. Lucie County Drug Screening Lab for FY 2009 through FY 2012. Consider staff recommendation to approve the Amended Contractual Rate Agreement with United for Families, Inc. for screening clients receiving services, and fees will be paid in part or whole, by UFF and authorize the Chairman to sign the Amended Contractual Rate Agreement. 7. Agreement with Sheriff Regarding Media Relations Consider staff recommendation to approve the Agreement with the Sheriff and authorize the Chairman to sign. 8. Madison Vines, L.L.C. - Donation Agreement for Transit Shelter and Related Infrastructure Consider staff recommendation to approve the proposed agreement with Madison Vines, L.L.C., and authorize the Chairman to sign the agreement. C. PUBLIC WORKS Mainline Supply Conditional Acceptance — Maintenance Agreement Consider staff recommendation to approve the conditional acceptance of the public improvements and the Maintenance Agreement. 2. Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) Amendment Number Three — ANS-69 Repairs to Damaged County Roads Caused by Hurricane Jeanne Consider staff recommendation to approve Amendment Number Three to the JPA with the FDOT for ANS-69 Repairs to Damaged County Roads Caused by Hurricane Jeanne, and authorization for the chairman to sign documents as approved by the County Attorney. 3. Lennard Road 1, 2, and 3 Municipal Service Benefit Units (MSBUs) Consider staff recommendation to authorize public hearings for the Lennard Road MSBUs to be held on February 2, 2010, as outlined in the agenda memorandum. D. COMMUNITY SERVICES Modification to the agreement with St. Lucie Inspired Network to Achieve Community Together (INTACT) Consider staff recommendation to approve the amendment extending the term of the agreement to September 30, 2010; approval of Budget Resolution 10-012; and authorization for the Chairman to sign documents as approved by the County Attorney. E. AIRPORT Runway 10R/28L Rehabilitation Consider staff recommendation to approve the First Amendment to PBS&J Work Authorization No. 7 for Resident Project Representative Services for the Runway 10R/28L Rehabilitation for a lump sum of $1,650 and no additional time; and authorization for the Chairman to sign the document as approved by the County Attorney. SHERIFF'S OFFICE Draw Request — January 2010 Consider staff recommendation to approve the Sheriffs double draw request for January 2010 in the amount of $5,563,163. (Amount requested; 15t draw total = $5,563,163) (2nd draw total = $5,563,163) This is a total of $11,126,326 for the month of January. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 10-003 (formerly 09-009) — Historic Preservation This is the first of two public hearings. No Board action is needed at this time. The second hearing will be held on February 2, 2010, at 6 p.m. or as soon thereafter as may be heard. B. GROWTH MANAGEMENT Consider the petition of PJ Development, LLC for the Conditional Use Permit for the project to be known as SL2623 Coastal Telecommunication Tower. Consider staff recommendation to adopt Draft Resolution No. 10-002 approving the request for a Conditional Use Permit as outlined in the agenda memorandum. C. GROWTH MANAGEMENT Paving waiver request for PJ Development, LLC from the paving requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the access roads (Russakis Road and Russos Road). Consider staff recommendation to adopt Resolution No. 10-003 approving the paving waiver request as outlined in the agenda memorandum. END OF PUBLIC HEARINGS REGULAR AGENDA Vlll. GROWTH MANAGEMENT Petition of BPSC Industries, LLC Major Site Plan located at 2525 Center Road. Board adoption of Resolution No. 10-008 granting BPSC Major Site Plan approval with conditions as outlined in the attached memorandum. IX. ANNOUNCEMENTS The St. Lucie/Martin Regional Transit Summit will be held on Friday, January 8, 2010 from 9 a.m. until 12 p.m. at Tradition Town Hall located at 10799 Civic Lane, Port St. Lucie. For more information, please contact Marceia Lathou at 772462-1671. The Board of County Commissioners will hold a Workshop on Monday, January 11, 2010 at 2:30 p.m. in Conference Room #3 to discuss 2011 Appropriations Priorities and the House Jobs Bill. St. Lucie County will conduct workshops on the Western Lands Study on Thursday, January 14, 2010 and Thursday, February 11, 2010 from 9 a.m. — 3 p.m. at the IFAS IRREC located at 2199 South Rock Road, Fort Pierce. For more information please contact Kara Woods, Planning Manager at 772-462-2822. To RSVP please contact Sarah Smith 772-462-2380 smiths stlucieco.og 4. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, January 26, 2010 at 1:30 p.m. in Conference Room #3. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be 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 22, 2009 Convened: 9:00 a.m. Adjourned: 9:59 a.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Chris Dzadovsky, Chris Craft, Paula A. Lewis (late arrival 9:27 a.m.) Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Marie Gouin, OMB Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Joseph E. Smith, Clerk of the Circuit Court, Karen Smith, Environmental Resources Director, Carl Holeva, Human Resources Director, Richard Bouchard, Erosion Manager, Mike Powley, County Engineer, Millie Delgado -Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the December 15, 2009 meeting. It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the meeting held December 15, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY/AIRPORT Resolution No. 09-358 — A Resolution commending Anthony Scott, Airport Coordinator and Randy Young, Airport Maintenance Technician II, for their heroism after an aircraft incident on Thursday, November 5, 2009 at the St. Lucie County Airport. Consider staff recommendation to adopt Resolution No. 09-358 as drafted. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 09-358, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Mr. Mark Boston, Nettles Island resident, addressed the Board and requested their support on their request to have a traffic light in their area. He stated he had talked with the state representative however they do not seem to be getting anywhere. Com. Craft advised the Board FDOT has been contacted and there are rules and regulations they must go through. Com. Grande requested the County Attorney draft a resolution to assist in this matter. VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Dzadovsky to approve the Consent Agenda with item 6-C-1 pulled for separate vote, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No.12 12/18/09 FZABWARR FUND TITLE 001 001113 001164 001180 001184 001188 001194 001442 001505 001510 001512 001822 101 101002 101003 101004 101006 102 102001 102809 107 107002 107003 107006 107205 127 128 130102 130105 130209 138 140 140306 140347 140351 140360 140361 140362 160 183 183001 183003 183004 183006 185011 189101 189201 216 ST. LUCIE COUNTY - BOARD WARRANT LIST #12- 12-DEC-2009 TO 18-DEC-2009 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran USDOJ Violence Against Women Grant US Dept Housing HUD Shelter Plus Gr CDBG 07 Section 112/MPO/Fhwa/Planning 2007 U.S. Dept of Housing & Community FCTD Planning Grant Agreement FDCA Emerg. Mgmt Prep & Assist FY09 CSBG FY 2009-2010 Neighborhood Stabilization Program Trea. Coast Sea Turtle Friendly Pra Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting FTA 5307-ARRA 2009 Capital Projects FTA 5307-2 2009 Cap & Oper FCTD TRIP FY 09/10 Palm Lake Gardens MSTU Fund Airport Fund DOT -New N. Entrance Port Ft. Pierce Rehab Runway 9/27 Install Access Control System FDEP Airport W Commerce Prk Sewer FDOT -,Port of Ft. Pierce Dredging FDOT Fence Obstruction Lights Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2009/2010 Home Consortium FY 2008 FHFC Hurricane Housing Recovery Pla County Capital I&S EXPENSES 666,217.42 975.00 15,111.55 6,969.00 171,698.80 1,803.08 4,608.00 240.80 206.74 73.50 129.22 1,010.00 16,539.02 89,445.29 11,413.80 3, 626.02 3,768.58 8,291.55 21,829.74 754.50 44,637.54 1,199.04 26,710.05 80,376.47 300.00 408.63 550.26 24,728.93 5,537.00 27,876.20 281.71 6,174.78 20,313.56 81,161.36 9, 930.74 148,021.28 7,260.00 267.43 7,726.74 2,205.32 465.90 664.00 578.50 3, 699.42 240.94 72.00 292.02 1,202.00 PAGE PAYROLL 30,200.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 01,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 The Board approved Warrant List No.12. B. COUNTY ATTORNEY Interlocal Agreement — Relocation of Port St. Lucie Utilities along Walton Road The Board approved the Interlocal Agreement and authorized the Chairman to sign the Agreement. 2. Street Name Change - Leeper Road to Pineapple Lane - Resolution No. 09-363 The Board approved the proposed street name change of Leeper Road to Pineapple Lane, as shown on the attached map, directed staff to notify the appropriate Utilities, the U. S. Postal Service, the Property Appraiser, the Supervisor of Elections, and the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. B. COUNTY ATTORNEY CONTINUED 3. Administrative Services Agreement. between Blue Cross/Blue Shield of Florida, Inc. and St. Lucie County The Board approved the Administrative Services Agreement with Blue Cross/Blue Shield of Florida, Inc. and authorized the Chairman to sign the Agreement. Com. Coward questioned how this would come into play with the debate on the employee Health clinic. The BOCC Human Resources Director stated this was a 5 year agreement with Blue Cross and Blue Shield. He advised the Board if they had an employee clinic, this would save the county an estimated $26,000 per year in administrative costs. This agreement is flexible and will be merged into the contract should the Board make the decision to move forward with the clinic. Com. Grande requested clarification regarding the letter received on pre-existing Conditions. Mr. Holeva addressed the letter received by many employees regarding pre-existing conditions being excluded. He stated in contacting Blue Cross and Blue Shield, staff was told this was an error by their corporate office and everyone will be receiving a letter with an apology and indicating it was an error and will also receive an additional insurance card in the mail. 4. Walton Road Annex — Third Amendment to Facilities Use Agreement with Port St. Lucie Historical Society, Inc. C1 The Board approved the proposed Third Amendment to the Facilities Use Agreement with Port St. Lucie Historical Society, Inc., and authorized the Chairman to sign the Third Amendment. Permission to Advertise - Ordinance No. 10-005 - Amending Article II (Alcohol and Other Drug Abuse Trust Fund) of Chapter 1-7 of the St. Lucie County Code of Ordinarces. The Board granted permission to advertise Ordinance No. 10-005 for a public hearing before the Board of County Commissioners. B&E Houck Enterprises, Inc. — Consent to Lease Agreement and First Addendum to Lease Agreement with Aviator Holdings of Florida, Inc. Consider staff recommendation to consent to the Lease agreement and First Addendum to Lease Agreement between B&E Houck Enterprises, Inc., and Aviator Holdings of Florida, Inc. C. PUBLIC WORKS Close-out of the SR 615 S. 25m Roadway Widening (Midway Road -Edwards Road) Consider staff recommendation to approve the acceptance of the SR 615 S. 25th Roadway Widening project, approval Change Order No. 17, release retainage, and make final payment to Dickerson Florida in the amount of $1,506,510.42; approved the Sixth Amendment to Work Authorization No. 1 with Kimley-Hom in the amount of $74,300; and authorized the Chairman to sign documents as approved by the County Attorney. Com. Dzadovsky reiterated his concern with this change orders. He asked if they were going to go after the consultant who provided the information. The County Engineer stated they would be speaking with the consultant group and requesting their assistance with the repair and meet with engineering in January. Com. Craft recommended having a discussion on change orders at a scheduled informal meeting in the future. Com. Coward questioned if we had ever changed the contract after the fact. The County Engineer stated he could only find two instances where this has happened one they reduced the cost and the other they increased it. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve staff recommendation, and; upon roll call, the vote was as follows: Nay: Coward; Aye's: Craft, Dzadovsky, Grande, motion carried by a vote of 3 to 1(with Com. Lewis absent). 2. Walton Road Widening (Village Green Drive to Lennard Road) The Board approved the Seventh Amendment with Inwood Consulting Engineers in the amount of $23,465.04 for Walton Road Widening (Village Green Drive to Lennard Road) and authorized the Chairman to sign documents as approved by the County Attorney. 3. Walton Road Widening (Village Green Drive to Lennard Road) The Board approved the bid award to Sheltra & Son Construction Co., Inc. in the amount of $3,747,868.52 for construction of Walton Road Widening (Village Green Drive to Lennard Road) and authorized the Chairman to sign documents as approved by the County Attorney. D. PARKS AND RECREATION Budget Amendment BA10-004 to Purchase Equipment for Tradition Field The Board approved Budget Amendment BA10-004 increasing Equipment Request EQ10-012 from $20,000 to $23,981 to purchase a Wiedenmann Super 500CHD as outlined in the agenda memorandum. E. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for October, FY 09-10. The Board approved payment of Prison Health Services invoice number PHS0006878 for HIV Meds for the period of October 01, 2009 thru October 30, 2009, in the amount of $48,681,27. F. MANAGEMENT AND BUDGET 1. Amendment to Contract for the Purchase of Uniforms The Board approved the first amendment to Contract No. C08-01-033 with Day Dreams Uniforms, Inc., extending the contract through January 14, 2011, and authorized the Chairman to sign documents as approved by the County Attorney. 2. Amendment to Contract for Pest Control Services The Board approved the twelfth amendment to Contract No. C06-07-407 with Hulett Environmental Services, adding the old fire station at the airport and the garage building for the Parks Division of Parks and Recreation for a new contract total of $19,166.64, and authorized the Chairman to sign documents as approved by the County Attorney. 3. Amendment to Contract for Fire Alarm System Testing, Monitoring and Inspections The Board approved the Fifth Amendment to Contract No. C06-07-542 with 1st Fire & Security, Inc., adding South County Stadium, and authorized the Chairman to sign documents as approved by the County Attorney. Request for Qualifications (RFQ) No. 10-001, Civil Engineering and Land Planning for the Treasure Coast Research Park (TCRP) The Board approved the short-listed firms for Civil Engineering and Land Planning for the Treasure Coast Research Park and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. Request for Proposal No.10-006, Canoe and Kayak Rentals at River Park Marina. The Board approved to award RFP No. 10-006, Concession Agreement for the Rental of Canoe and Kayak to St. Lucie Canoes and Kayak, Inc. of Port St. Lucie and authorized the Chairman to sign documents as approved by the County Attorney. F. MANAGEMENT AND BUDGET CONTINUED 6. Budget Resolution No. 09-366, Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA), Taxiway C Rehabilitation The Board approved Budget Resolution No. 09-366 establishing the remaining funds for the FDOT grant award amount of $1,456,800 for the Taxiway C Rehabilitation project. G. COMMUNITY SERVICES Subgrant Agreement with Council on Aging of St. Lucie, Inc. The Board approved the sub grant agreement in the amount of $206,782 with Council on Aging of St. Lucie Inc., and authorized the Chairman to sign documents as approved by the County Attorney. 2. FTA Grant Acceptance of Earmark for Buses The Board approved the acceptance of FTA Section 5309 grant A 04-0093 in the amount of $225,720, approval of Budget Resolution 09-365 and the sub grant agreement with the Council on Aging of St. Lucie, Inc.; and authorized the Chairman to sign documents as approved by the County Attorney. Award of Housing Rehabilitation/Replacement Bids The Board approved to award bids for one rehabilitation and two replacement housing projects under the Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Grants, and authorized the Chairman to sign documents as approved by the County Attorney. 4. Amendment to the St. Lucie County Housing Assistance Plan The Board approved Resolution No. 09-364 to amend the St. Lucie County Housing Assistance Plan for the Community Development Block Grant Programs, and authorized the Chairman to sign documents as approved by the County Attorney. 5. Award of Avenue Q Area Improvements Project The Board approved to award the bid for the Avenue Q Area Improvements Projects under the CDBG DRI Supplement Grant to Sheltra & Son Construction Company, Inc., and authorized for the Chairman to sign documents as approved by the County Attorney. (These are Federal dollars and the local preference ordinance does not come into play) 6. Interlocal Agreement with the City of Fort Pierce and Fort Pierce Utilities Authority The Board approved the Interlocal Agreement with Fort Pierce and the Fort Pierce Utilities Authority for the Avenue Q Area Improvements Project, and authorized the Chairman to sign the documents as approved by the County Attorney. G. COMMUNITY SERVICES CONTINUED 7. Budget Resolution 09-350 for the Florida Division of Emergency Management Residential Construction Mitigation Program (RCMP) The Board approved Budget Resolution 09-350 for the RCMP grant and authorized the Chairman to sign documents as approved by the County Attorney. Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) Application The Board approved submitting an application for the Department of Housing and Urban Development CDBG DRI grant, and authorized the Chairman to sign documents as approved by the County Attorney. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. There are no public hearings scheduled for December 22, 2009. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. COUNTY ATTORNEY Newberg Fields - Permission to Dismiss Petition for Writ of Certiorari and Complaint for Declaratory and Injunctive Relief Consider staff recommendation to authorize the County Attorney to voluntarily dismiss the Petition and Complaint upon receipt of a copy of the fully executed Amended Development Agreement between the City of Fort Pierce and the Developer. The County Attorney addressed this issue. He stated this suit was filed due to the fact the city of Ft. Pierce did not require the developer to pay their appropriate share in the amount of $156,000 of impact to the county. Since then county staff and city staff convinced the developer to request the amendment to the developer agreement with the condition that the deve,oper pay the county $156,000 for the impacts. The City approved the revised agreement on November 2, 2009. It was moved by Com. Craft, seconded by Com. Dzadovsky to approve staff recommendation, and; upon roll call, motion carried unanimously. The County Attorney addressed this item and advised the Board the county will contribute to the City of Port St. Lucie the amount of $146,000 payable on a reimbursement basis on or before December 1, 2010. The City agrees to us the funds provided by the County as follows: $82,500 will be used to build restrooms at Veterans Park $15,000 will be used to purchase playground equipment at Kiwanis Park $48,500 will be used to purchase playground equipment at Whitmore Park Funding is available in Parks Impact Fee Zone B. (At this point Com. Lewis was present at the meeting) It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. X. BOARD OF COUNTY COMMISSIONERS Updates from the Commissioners on the various Boards/Committees Com. Craft stated he did not have anything to report. Com. Lewis advised the Board at the last TPO meeting they addressed the fact merging with Martin County as regional transportation group. Com. Dzadovsky advised the Board one of the reasons for the merger is due to the availability of money. Com. Lewis stated she would appreciate any input. Com. Grande stated at the previous meeting the elected new officers and Mr. Darrell Drummond is the new Chair for the TPO. Also the Transportation Improvement Plan has been approved. The Regional Planning Council and the Energy Committee notified him they ara 100% behind SLC Energy Initiative. Com. Dzadovsky advised the Board he met with the City of Ft. Pierce regarding the MSTU Interlocal Agreement. He asked for a compromise between the BOCC and the City. The City agreed to a 75% figure with the MSTU portion and also to finalize this agreement there would not be an out clause for the remainder of the contract. Also they agreed to take over Maravilla Park in this next year followed by taking over Dreamland Park. There was some debate and they were not willing to take over Illous Ellis Park or Horacio Grisby and this was considered more of a regional park and Elks Park be folded in over the next 13 years which is the life of the MSTU. This is the agreement they have brought back and would like consensus for the Attorney to finalize the agreement. The County Administrator addressed the Board and requested to add several footnotes to the account of the meeting. She advised the Board that she was taken aback and disturbed by the inappropriate decorum demonstrated to her as County Administrator by the City Commission. She stated she would do her level best with appropriately representing the Board of County Commissioners when coming before the City, but professionally she felt there was a certain decorum by which any elected body should address the County Administrator and she must be quite frank with the Board of County Commissioners that she was more than a little taken aback and disturbed. She believes her Board is exemplary in terms on how they deal with the Ft. Pierce City Commission and quite frankly as their County Administrator she would hope the Board of County Commissioners would expect the City Commission deal no less respectful with the County Administrator. Com. Craft requested staff obtain a copy of this meeting for the Board to view and fully digest what the County Administrator is talking about. Com. Grande stated he believed the County Administrator should be afforded the same treatment received by the Board of County Commissioners. Com. Dzadovsky stated there was a similar display at another meeting they attended. There were also disparity remarks on how our parks were maintained. He advised the City he would not accept their statements on how our parks are kept and about the Parks and Recreation Department. He believed the statements were exaggerated. Com. Grande addressed the compromise and increasing the share of MSTU funds. Com. Dzadovsky stated the package provided shows the county's counter proposal is the 15t 3 years, based on numbers in house, $448,000 would be the difference in 09, $163,000 in 2010 and $108,000 in 2011, however because they do not have real hard numbers with the Tax Assessors office beyond that the figure actually goes down to $88,000 over the following term. The $49,000 was the original amount and in the original agreement they would have owed the county $50,000 based on the calculation. These dollars are capital dollars and not to be used for administration of the parks. Also based on the discussions held prior he was surprised about their display at this meeting. Com. Lewis stated she believes there is a major change in the position they heard. The city of Ft. Pierce was willing to take over the parks and they were looking forward to it and now that they are suggesting this take over they have a change of position. They had made previous remarks where they indicated they were not willing to take over the parks because they were in such bad shape. The Board had stated they wished to transfer the parks over gradually, however the City did not take kind to this idea either. Com. Coward stated he was thankful to those who assisted in obtaining a compromise. He believes the county should continue to oversee the regional parks, but believes the county should not be providing urban services that the city should be responsible for. He stated as a resident of the City of Port St. Lucie he believes there is a double taxation issue. Com. Coward addressed his committees and provided information as to his meetings with the City of Ft. Pierce Commissioners relating to the annexation deferment agreement of the Research and Education Park. The Tourist Development Council, there are applications for the capital grants program out in the street and should be coming back soon for review. The Equestrian Committee is looking to promote capital improvements at the Fairgrounds. His message was the reality check is they are supportive but due to budget the program needs to come in from operational. It is unlikely the county can provide funds for capital expenses. He recommended they come back with cost revenue neutral proposal. Sustainability committee, in discussions with a company and the Florida Association of Counties, Energy Independence Work Group indicated they were interested in the solar financing program and requested information on St. Lucie County's program. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV -A DATE: January 5, 2010 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 10-011 - A resolution recognizing the contributions of the Teen Anglers to the St. Lucie County Artificial Reef Program. BACKGROUND: Jim Oppenborn, the County's Marine Resource Coordinator, has requested that this Board recognize the contributions of the Teen Anglers to the St. Lucie County Artificial Reef Program for the creation of the oyster reef modules at Spoil Island SL 18B. The attached Resolution No. 10-011 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-011 as drafted. COMMISSION ACTION: CONCURRENCE: rAPPROVED [ ] DENIED ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [ ]Management & Budget: [ ]Purchasing: Daniel S. McIntyre [ J Road & Bridge.: [) Parks Et Recreation Director (] Solid Waste Mgr [ ]Finance: (check for copy only, if applicable) Effective 5/96 RESOLUTION NO. 10-011 A RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF THE TEEN ANGLERS TO THE ST. LUCIE COUNTY ARTIFICIAL REEF PROGRAM FOR THE CREATION OF THE OYSTER REEF THAT WAS CREATED BY THE DEPLOYMENT OF OYSTER MODULES AT SPOIL ISLAND SL 18B IN THE INDIAN RIVER LAGOON ON OCTOBER 17, 2009 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Teen Anglers created oyster modules on three separate occasions during the summer of 2009. 2. Led by local director, Mrs. Cammie Ward, the Teen Anglers helped deploy 550 of the modules on a permitted one acre site (SL 18B) in the Indian River Lagoon on October 17, 2009. 3. This contribution will provide habitat for various species of marine life and will create additional recreational opportunities in the Indian River Lagoon. 4. This Board believes that the contribution on behalf of Teen Anglers to the health and vitality of the Indian River Lagoon, should be recognized. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby recognize the contributions of the Teen Anglers to the Indian River Lagoon and to the St. Lucie County Artificial Reef Program. PASSED AN DULY ADOPTED this 5th day of January, 2010. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. IV-B DATE: January 5, 2010 REGULAR [x ] PUBLIC HEARING[ ] CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 10-014 proclaiming January 9, 2010 as "Delia Lane Day" in St. Lucie County, Florida. BACKGROUND: Richard Delgadillo, Human Resource Manager at Brighton Gardens Assisted Living Center in Port St. Lucie, Florida has requested that this Board proclaim January 9, 2010 as "Delia Lane Day" in St. Lucie County, Florida in honor of Ms. Lane's 105th birthday. The attached Resolution No. 10-014 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-014 as drafted. COMMISSION ACTION: APPROVED [) DENIED [ ] OTHER: Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [ ]Management ft Budget: [ ]Purchasing: Daniel S. McIntyre [ ] Road 8 Bridge.: [ ) Parks Ft Recreation Director [ ] Solid Waste Mgr [ ]Finance: (check for copy only, if applicable) Effective 5/96 RESOLUTION NO. 10-014 A RESOLUTION PROCLAIMING JANUARY 9, 2010 AS "DELIA LANE DAY" IN ST. LUCIE COUNTY, FLORIDA, IN HONOR OF HER 105T" BIRTHDAY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Delia Lane was born January 9, 1905 in County Galway Ireland in the Village of Lackagh, which lies just 10 miles northeast of Galway City with a rich history going back for centuries. 2. In August of 1923, at the age of 18, Ms. Lane came to the USA on the Ship "Simeria". 3. She met her spouse, John Lane (also from County Galway, Ireland) in Boston, Massachusetts and they married on October 8, 1930. 4. Ms. Lane has seven children, seventeen grandchildren, sixteen great-grandchildren, and two great -great-grandchildren. 5. Ms. Lane's advice for longevity is to eat healthy and keep moving. As a child in Ireland, she walked five miles daily to school. 6. Ms. Lane wintered at Brighton Gardens Sunrise Senior Living for a number of years before becoming a permanent resident in December of 2007. 7. To this day, Ms. Lane still spends time out in the sun, in the fresh air, weather permitting, on a daily basis. She reads her books and enjoys dialog with the Brighton Gardens staff. 8. This Board believes Delia Lane should be recognized in honor of her 105`h Birthday. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim January 9, 2010, as "DELIA LANE DAY" in St. Lucie County, Florida in honor of her one hundred and fifth birthday on January 9, 2010. 2. This Board recognizes Delia Lane for her longevity and congratulates her on her one hundred and fifth (105`h) birthday. PASSED AND DULY ADOPTED this 5T" day of January, 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY CONSENT AGENDA ITEMS ��§� y � � � � } 12/23/09 FZABWARR FUND TITLE 001 001113 001176 001180 001181 001184 001188 001436 001442 001510 001511 001512 101 101002 101003 101004 102 102001 102809 105 107 107001 107002 107003 107005 107006 107155 107160 107205 113 114 116 117 119 123 130 136 140 140001 140135 140335 140356 140358 140359 150 160 183 183001 ST. LUCIE COUNTY - BOARD WARRANT LIST #13- 19-DEC-2009 TO 23-DEC-2009 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran 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 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 -Legal Aid F&F Fund -Court Related Technology USDOJ Bulletproof Vest FY07 USDOJ Bulletproof Vest 08/09 Juvenile Justice & Delinquency Prev Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund SLC Public Transit MSTU Monte Carlo Lighting MSTU#4 Fund Airport Fund Port Fund FAA Security Fencing & Runway 9L/27 Parallel Runway Design-9L/27R FDOT Airport Master Plan Update FDOT Update Master Drainage Plan FDOT Environmental Mitigation Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat EXPENSES 278,418.91 156,256.70 58.84 40.31 40.36 34,723.10 15,210.51 1,241.63 57.26 13,577.93 5,121.08. 33,448.94 3,211.85 3,591.12 1,543.40 14,256.07 6, 915.76 383.78 62.62 1,792.85 90,376.02 86.79 15,108.04 51,421.09 8,757.17 644.72 21,977.69 2,018.72 314.99 258.84 563.71 631.08 157.05 987.98 401.05 121.07 1, 905. 68 3,464.12 148.80 6, 142.04 323.26 16,206.77 32,672.24 14,031.70 109.70 1, 553.43 3, 053. 97 180.00 PAGE PAYROLL 44.19 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 12/23/09 FZABWARR FUND TITLE 183003 183004 183006 185009 185010 185011 189100 189101 310001 310002 316 362300 401 418 451 458 461 471 478 479 491 505 505001 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #13- 19-DEC-2009 TO 23-DEC-2009 FUND SUMMARY Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2007/2008 FHFA SHIP 2008/2009 FHFA SHIP 2009/2010 Home Consortium Home Consortium FY 2008 Impact Fees -Library Impact Fees -Parks County Capital FDOT Airport Terminal Renovations 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 Bank Fund GRAND TOTAL EXPENSES 269.00 480.52 14,454.09 1.29 150.48 8,000.00 123.12 25,000.00 2,893.40 106,128.99 4, 623.00 3, 796.00 9,205.02 12,539. 92 52,579.15 42.49 3,373.87 246,452.89 95.81 7,393.68 3,128.42 442,187.47 246.48 151.06 6,058.00 241,611.64 2, 034, 556. 53 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1, 186.40 0.00 0.00 0.00 0.00 1,230.59 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO: VI-B-I DATE: January 5, 2010 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Request Permission to Advertise Notice of Intent to vacate a Portion of the Plat of Airport West Commerce Park Phase 1 As recorded in Plat Book 60, Pages 31-35 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board authorize staff to advertise a Notice of Intent to vacate a portion of the Plat of Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31-35. COMMISSION ACTION: APPROVED [ ] OTHER Approved 5-0 [ ] DENIED [x] Assistant County Attorney:_ Heather Young [x] Originating Dept: llvL JoAnn Riley Review and Approvals [ ] Road and Bridge: Don Pauley [ ] Engineering: Mike Powley CONCURRENCE: Faye W. Outlaw, MPA County Administrator [ ] Public Works:_ Don West PROPERTYACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: January 5, 2010 SUBJECT: Request Permission to Advertise Notice of Intent to vacate a portion of the Plat of Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31-35 BACKGROUND: St. Lucie County Airport Director is requesting a partial vacation of Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31-35. The partial vacation will consist of 10 feet side lot Drainage Easements between lots 1, 2 and 3. Health -Chem Diagnostics has leased the referenced lots and will be building and financing the construction of its diabetic test strip facility consisting of a 200,000 square foot building and needs to use all three parcels. The Drainage Easements are 10 feet side lot easements and will hamper construction. The master storm water system for the development will handle the drainage for these parcels and will not cause any flooding by vacating the 10 feet side lot easements. Health -Chem Diagnostics will be expanding to the County's Airport West Commerce Park, bringing 160 high -wage jobs over the next five years. The new facility will manufacture the patented TD Glucose skin patch for use in TD Glucose Monitoring System. RECOMMENDATION: Staff recommends the Board authorize staff to advertise a Notice of Intent to vacate a portion of the Plat of Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31-35. 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VI-132 DATE: January 5, 2010 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: First Amendment to Road Improvement Agreement with KB Homes for Neill Farms Development BACKGROUND: See CA09-1636 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends the Board approve the First Amendment with KB Homes. COMMISSION ACTION: CONCURRENCE: [�c] APPROVED [ ] DENIED [ ] OTHER: _ Approved 5-0 Faye W. Outlaw, MPA County Administrator qVReview and Approvals [X] County Attorney: [ ]Management & Budget: [ ]Purchasing:_ [ ] Road & Bridge.: [� Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 09-1636 DATE: January 5, 2010 SUBJECT: First Amendment to Road Improvement Agreement with KB Homes for Neill Farms Development BACKGROUND: On May 23, 2006, KB Homes and the County signed a Road Improvement Agreement for improvements arising out of the Neill Farms development. KB Homes has asked for an extension of time of nine months to complete the improvements. RECOMMENDATION/CONCLUSION: Staff recommends the Board approve the First Amendment with KB Homes. Respectfully submitted, k_ Heather Spe az ace Assistant County At orney FIRST AMENDMENT TO MAY 23, 2006 ROAD IMPROVEMENT AGREEMENT C06-05-270 THIS FIRST AMENDMENT TO ROAD IMPROVEMENT AGREEMENT, is entered into this day of , 2010, by and between KB HOME TREASURE COAST, LLC (the "Developer"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County"). WITNESETH: WHEREAS, the Developer is commencing proceedings to develop land in St. Lucie County; and WHEREAS, the Developer proposes to construct certain road improvements to the satisfaction of the County; and WHEREAS, the parties entered into a Road Improvement Agreement on May 23, 2006, which the parties now desire to extend the time for completion of required road improvements; and NOW THEREFORE, in consideration of the mutual promises contained herein, the Developer and County agree as follows: 1. The Developer agrees to complete the Improvements within nine months of the date of this Amendment. 2. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this First Amendment to the Road Improvement Agreement shall be the date on which this Amendment is approved by the Board of County Commissioners. ATTEST: DEPUTY CLERK 5AATTY\AGREEMNT\1a-KBHomes Neill Farmsmpd -1- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN (J APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: KB HOME TREASURE COAST, LLC BY: Print Name: Title: 5AATTY\AGREEMNT\1a-KBHomes Neill Farms.wpd -2- SAINT LUCIE COUNTY FILE # 2876963 06/08/2006 at 04:30 PM OR BOOK 2585 PAGE 1290 - 1292 Doc Type: AGR • RECORDING: $27.00 Cod - 05-,no ROAD IMPROVEMENT AGREEMENT THIS ROAD IMPROVEMENT AGREEMENT, is entered into this 23th day of May, 2006, by and between KS HOME TREASURE COAST LLC (the "Developer"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County"). WITNESETH: WHEREAS, the Developer is commencing proceedings to develop land in St. Lucie County known as ("Development"); and WHEREAS, the Developer proposes to construct certain road improvements to the satisfaction of the County; and NOW THEREFORE, in consideration of the mutual promises contained herein, the Developer and County agree as follows: 1. NOTIFICATION TO COUNTY. This Agreement is subject to the Developer obtaining a right-of-way permit from the County prior to construction. 2. COMPLETION OF REQUIRED ROAD IMPROVEMENTS/OWNERSHIP. The Developer agrees to provide the County Attorney a construction schedule, in calendar days, which guarantees the completion of the Improvements for the above referenced development on aforestated County rights -of -way, as submitted by the Developer's engineer and approved by the County Engineer. As submitted, the Developer shall guarantee completion of the Improvements within 200 calendar days from the date of commencement of the Improvements by the Developer. Furthermore, the Developer agrees to commence the required improvements within thirty (30) days after the approval of this Agreement by the Board of County Commissioners according to the construction plans approved by the County Engineer. The Improvements are more particularly set forth on those certain plans drawn by the Developer's engineers, ENGINEERING DESIGN AND CONSTRUCTION, INC., dated FEBRUARY 2 2006 REVISIONS MAY 5, 2006. Upon completion, the ownership of the Improvements shall be conveyed to the County by Bill of Sale free and clear of all liens and encumbrances. 3. SECURITY. The Developer agrees to provide the County with security in a form acceptable to the County Attorney in the amount of FIVE HUNDRED EIGHTY FIVE THOUSAND FIVE HUNDRED THIRTY DOLLARS AND EIGHTY FOUR CENTS ($585,530.84), representing 115% of the estimated cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer. This amount includes the fifteen percent (15%) to be retained for a period of one (1) year and thirty (30) days from the date the improvements are conditionally accepted by the St. Lucie County Board of County Commissioners to provide for maintenance of the improvements 9Aatty\19roupfo\Road Improvement Agreement 1 4 6P and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 4. REDUCTION OF AMOUNT OF SECURITY. The amount of the security may be reduced once during the term of this Agreement upon the completion of a portion of the Improvements by the Developer and upon inspection and acceptance by the County. In no event, however, shall the amount of the security be less than one hundred percent (100%) of the cost of completing the remaining Improvements plus fifteen percent (15%) of the total cost for construction of all the Improvements. 5. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 6. EXTENSIONS OF TIME. The County may grant an extension of the time to perform the work, when a controlling item of Improvements is delayed by any factors contemplated or not contemplated at the time of commencement of the Improvements. 7. FAILURE TO COMPLETE IMPROVEMENTS. It is further understood and agreed by and between the parties to this Agreement that, in the event Improvements are not constructed within 200 calendar days of commencement by the Developer or twelve (12) months from the date of this Agreement, whichever comes first, the County shall have and is hereby granted the right to cause the Improvements to be made and to use the security provided herewith for payment of all costs and expenses incurred in the construction thereof, including but not limited to, engineering, surveying, construction, legal and contingent costs. Furthermore, it is agreed by the parties hereto that County shall be reimbursed from the security provided for any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all of the provisions of this Agreement. In the event of Developer's failure or refusal to construct and install the Improvements in accordance with the terms of this Agreement, the County shall have the option to do so, with County employees and equipment, or pursuant to public advertisement and receipt of bids. In the event that the total costs incurred in construction and full completion of the improvements shall exceed the amount of security provided, such additional costs shall be paid by Developer on written demand by the County Engineer. B. RELEASE OF SECURITY. Upon completion of construction of all Improvements, the Developer's engineer shall certify that the improvements have been constructed in accordance with the approved plans. When the improvements have been 9Aatty\19roupfo\Road Improvement Agreement 2 ,%a certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all Improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Commissioners. The Developer's security, minus the fif teen percent (15%) to be held as security for maintenance, shall then be released. 9. INTERPRETATION; VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Agreement shall be the date on which this Agreement is approved by the Board of County Commissioners. A G —I — CLERK WITNESS S: d'a"- 0) 0 e So•Crf.P—, t� r BOARD OF COUNTY COMMI$`S16h1ER5 ST. LUCIE COUNTY, FLORIt)A` BY: CHAI MAN APPROVED AS TO FORM AND CORRECTNESS: fAk-� ATZW- Aar. COUNTY ATTORNEY, KB HOME TREASU BY: g:\atty\1groupfo\Road Improvement Agreement 3 V AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B- 3 DATE: January 5, 2010 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 010-015 - Supporting the request of Nettles Island Community Action Association for a traffic light at South Hutchinson Island along A-1-A at the entrance to Nettles Island. BACKGROUND: See attached memo CA-09-1694 RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-015 supporting the request of Nettles Island Community Action Association for a traffic light at South Hutchinson Island along A-1-A at the entrance to Nettles Island. COMMISSION ACTION: [�] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 09-1694 DATE: January 5, 2010 SUBJECT: Resolution No. 09-315 - Supporting the Nettles Island Community Action Association's request for a traffic light at South Hutchinson Island along A-1-A at the entrance to Nettles Island. BACKGROUND: The residents of Nettles Island are requesting a traffic light on South Hutchinson Island along A-1-A at the entrance to Nettles Island, which is primarily needed in peak tourist and part- time resident season from November through May. The concern of the Association relates to the safety of residents as they cross A-1-A between residences on the west side of A-1-A and the community swimming pool, club house and beach access on the east side. It has been requested by the Association that the Board of County Commissioners encourage the Florida Department of Transportation to authorize the installation of a "stop" and "go" traffic light on South Hutchinson Island along A-1-A at the entrance to Nettles Island and to make the necessary study to determine whether or not a traffic light would be warranted at South Hutchinson Island along A-1-A at the entrance to Nettles Island. The attached Resolution No. 10-015 has been drafted for that purpose. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Resolution No. 10-015 supporting the request of Nettles Island Community Action Association for a traffic light at South Hutchinson Island along A-1-A at the entrance to Nettles Island. Respectfully submitted, DSM/cb ' ' - ` Attachment Daniel S. Mcl County Attor 4w. RESOLUTION NO. 10-015 A RESOLUTION RECOGNIZING THE REQUEST FOR A TRAFFIC LIGHT ON SOUTH HUTCHINSON ISLAND ALONG A-1-A AT THE ENTRANCE TO NETTLES ISLAND TO ASSIST IN HALTING TRAFFIC FOR PEDESTRIAN CROSSINGS AND URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO MAKE THE NECESSARY STUDY TO DETERMINE WHETHER OR NOT A TRAFFIC LIGHT WOULD BE WARRANTED WHEREAS, the residents of Nettles Island are requesting a traffic light on South Hutchinson Island along A-1-A at the entrance to Nettles Island; and WHEREAS, in discussion with the Nettles Island Community Action Association, it appears that the signal is primarily needed in peak tourist and part-time resident season from November through May; and WHEREAS, their concern relates to the safety of residents as they cross A-1-A between residences on the west side of A-1-A and the community swimming pool, club house and beach access on the east side; and WHEREAS, there are currently no traffic signals along A-1-A between Martin County and the City of Fort Pierce to assist in halting traffic for pedestrian crossings; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. That the Florida Department of Transportation is requested to authorize the installation of a "stop" and "go" traffic tight on South Hutchinson Island along A-1-A at the entrance to Nettles Island. 2. That the Florida Department of Transportation is requested to make the necessary study to determine whether or not a traffic light would be warranted at South Hutchinson Island along A-1- A at the entrance to Nettles Island. PASSED AND DULY ADOPTED this 5T" day of January, 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY V AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI- B.4 Date: January 5, 2010 Regular [ ] Public Hearing[ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Bear Point Mitigation Bank - Credit Reservation Agreement with River Park Place 2, L.P. BACKGROUND: See C.A. No. 09-1644 FUNDS AVAIL.(5tate type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Credit Reservation Agreement with River Park Place 2, L.P., and authorize the Chairman to sign the agreement. COMMISSION ACTION: APPROVED [ ] DENIED [ J OTHER: Approved 5.0 i County Attorney: Dan i 15. McZnt Originating Dept.: J mes R. David Finance (Check for Copy only, if applicable): CONCURRENCE: Coordination/Signatures Mgt. & Budget: Other : Faye W. Oultow, M.P.A. County Administrator Purchasing: Other: kb INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1644 DATE: December 29, 2009 SUBJECT: Bear Point Mitigation Bank - Credit Reservation Agreement with River Park Place 2, L.P. BACKGROUND: Attached to this memorandum is a copy of a proposed Bear Point Credit Reservation Agreement with River Park Place 2, L.P. The agreement provides for the County to reserve 0.70 federal credits in conjunction with its permitting requirements for the River Park Place development which is located in Indian Pkivtr County, Location maps for the project art attached, As set forth in the agreement, the developer has already paid the twenty-five percent (25%) reservation fee in the amount of seventeen thousand sixty- two and 50/100 dollars ($17,062.50). RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Reservation Agreement with River Park Place 2, L.P., and authorize the Chairman to sign the agreement. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Mosquito Control Director Finance Director MITIGATION BANK CREDIT RESERVATION AGREEMENT THIS AGREEMENT made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County"), whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982, and RIVER PARK 2, L.P., ("Developer"), whose address is 448 Viking Drive, Virginia Beach, VA 23452. WITNESSETH WHEREAS, the County owns and operates the Bear Point Mitigation Bank, ("Bank"); and, WHEREAS, the Developer is the owner of certain property lying in the Bank's Mitigation Service Area, ("Site"); and, WHEREAS, the Developer intends to develop the Site in a manner consistent with all local, state, and federal regulations for a project to be known as "River Park Place" ("Project"); and, WHEREAS, the Developer desires to reserve 0.7 Federal Credits in the Bank ("Credits") in order to seek the necessary permits for the proposed development of the Project; and. WHEREAS, the County is willing to reserve the requested Credits pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein. the parties agree as follows: 1. The County agrees to reserve 0.7 Federal Credits for the Project as set forth in the Reserved Credits Allocation attached hereto and incorporated herein as Exhibit "A." The term of this reservation shall begin on the date first written above and shall continue for a period of one year from the date of this Agreement, and is subject to extension upon the prior written agreement of the parties. 2. In consideration of such reservation, the parties acknowledge and agree the Developer has paid the County a non-refundable reservation fee ("Reservation Fee") in the total amount of seventeen thousand sixty-two and 501100 dollars ($17,062.50) based upon twenty-five percent (25%) of the current price of the reserved Credits upon the date of this Agreement as set forth in the Reserved Credit Allocation. The parties further acknowledge and agree the County has issued the Developer a receipt for payment of the above -referenced non-refundable reservation fee. -1- It 3. It shall be the responsibility of the Developer to provide the regulatory agencies with a copy of the receipt or other acceptable proof indicating reservation of the Credits. 4. In the event the permits for the Property are issued, the parties shall enter into a Mitigation Bank Credits Purchase Agreement for the required number of Credits. The amount of the Reservation Fee shall be credited against the Credits' purchase price. In the event the permits for the Project are not issued, the County shall retain the Reservation Fee and the Developer shall have no claim against the County for the Reservation Fee or the reserved Credits. 5. Any disputes relating to interpretation of the terms of this Agreement or a question of fact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Developer and the County. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 5. Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 6. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. -9- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN WITNESSES: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY For: RIVER PARK 2, L.P. By: RIVER PARK 2 CORP. Its Managing Ge ral Partner BY: ��J• NAME: Eric S. Nielsen TITLE: Authorized Representative sAat z,-,reemnkcontractUbearpt.national. housing. dev.reserve.doe -3- EXHIBIT "A" RESERVED CREDIT ALLOCATION Federal Credits Reservation Price 0.7 $17,062.50 0 Total Price $68.250.00 NOT A SURVEY U KNIGHT, McGUIRE AND ASSOCIATES, INC. CONSULTING ENGINEERS AND PLANNERS ♦1NINE (m� YSSVc - I'A%fYR� SNUB m ROYAI. I,Illl REVU. SURE IMF, vERu REACH. ILURIR�. IHiU 4D NORTH USACOE APPLICATION # SAJ-1997-6063 (IP-TSD) SOURCE: DELORME STREET ATLAS USA, DELUXE SJRWMD APPLICATION # 4-061-26187-2 NDIAN RIVER COUNTY SEC. TWP. R. RLW JOB NO.: DRAWING NAME: DATE: FIGURE: FLORIDA 18 33S 40E 06-031 01 - VICINITY.DWG 6 MAY 2006 1 OF 7 LATITUDE: N27° 37.089' LONGITUDE: W080° 22.735' DESIGNED BY: FRP DRAWN BY: FRP CHECKED BY: i RIVER PARK PLACE PHASE II R. L. WEIGT i SJRWMD RAI DATED 30 DECEMBER 2005 ENVIRONMENTAL CONSULTANTS, INC. MITIGATION, MONITORING AND MAINTENANCE PLAN (REV) 8985 S.E. BRIDGE ROAD, SUITE A, HOBE SOUND, FL 33455 VICINITY MAP PHONE: (772) 546-6255 FAX: (772) 546-2316 E-MAIL rlwl@adelphia.Det 61 NOT A SURVEY KNIGHT, McGUIRE AND ASSOCIATES, INC. CONSULTING ENGINEERS AND PLANNERS FtlOM(1Rifff-bN-F �(9R),NII�S � wvn� roue u.w, s�mF wu, v�o �uat FIUNIOA �nw 40 NORTH USACOE APPLICATION # SAJ-19974M3 (IP-TSD) SOURCE: DELORME STREET ATLAS USA, DELUXE SJRWMD APPLICATION # 4-061-26187-2 VDIAN RIVER COUNTY SEC. TWP. R. RLW JOB NO.: DRAWING NAME: DATE: FIGURE: FLORIDA 18 33S 40E 06-031 02 - LOCATION.DWG 6 MAY 2006 2 OF 7 LATITUDE: N27°37.089' LONGITUDE: W080122.735' DESIGNED BY: FRP DRAWN BY: FRP CHECKED BY: RIVER PARK PLACE PHASE II R. L. WEIGT SJRWMD RAI DATED 30 DECEMBER 2005 ENVIRONMENTAL CONSULTANTS, INC. MITIGATION, MONITORING AND MAINTENANCE PLAN (REV) 8985 S.E. BRIDGE ROAD, SUITE A. HOBE SOUND, FL 33455 LOCATION MAP PHONE: (772) 546-6255 FAX: (772) 546-2316 E-MAIL rlwl@adelphia.net REVISED AGENDA REQUEST REVISED TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B- DATE: January 5, 2010 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: RESOLUTIONS NO. 10-016 Et NO. 10-019- Supporting the efforts of Bill Wallace and the Wallace Automotive Group to remain a presence in St. Lucie County as a Chrysler Jeep and Cadillac Dealer. BACKGROUND: See attached memo CA-09-1695 RECOMMENDATION: Staff recommends that the Board adopt the attached Resolutions No. 10-016 and No. 10-019 supporting the efforts of Bill Wallace and the Wallace Automotive Group to remain a presence in St. Lucie County as a Chrysler Jeep and Cadillac Dealer. COMMISSION ACTION: CONCURRENCE: [>c] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA Approved 5-0 County Administrator Review and Approvals [X] Asst. County Attorney: tlk s Heather Young INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1695 DATE: January 5, 2010 SUBJECT: RESOLUTIONS NO. 10-016 ft NO. 10-019 - Supporting the efforts of Bill Wallace and the Wallace Automotive Group to remain a presence in St. Lucie County as a Chrysler Jeep and Cadillac Dealer. BACKGROUND: Bill Wallace and Wallace Automotive Group have been an important part of our community since Mr. Wallace purchased the franchise in late 2005. Mr. Wallace has always been very generous to our communities and supported many charitable causes throughout our area. General Motors Corporation has made a decision to abandon the car market in St. Lucie County and there are approximately 3,000 Cadillac owners that will be orphaned by the closure of Wallace Cadillac. The closest location will be a 30 to 45 minute drive from St. Lucie County. Cadillac has been a presence in St. Lucie County since the 1940's and the population here will be subjected to an enormous inconvenience when General Motors closes the doors of Wallace Cadillac Pontiac. Mr. Wallace has requested that we support their decision to try to remain a presence in St. Lucie County. This resolution has been drafted for that purpose. There are approximately 20,000 Chrysler owners that have been orphaned by the closure of Wallace Chrysler Jeep and the next closest location is also a 30 to 45 minute drive from St. Lucie County. Chrysler has been a presence in St. Lucie County for sixty years and the population here suffered a loss and huge inconvenience when Wallace Chrysler Jeep was closed. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Resolutions No. 10-016 and No. 10-019 supporting the efforts of Bill Wallace and the Wallace Automotive Group to remain a presence in St. Lucie County as a Chrysler Jeep and Cadillac Dealer. Respectfully submitted, HY/cb Attachment Heather Young Assistant County Attorney ( f RESOLUTION NO. 10-016 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPORTING THE EFFORTS OF BILL WALLACE AND THE WALLACE AUTOMOTIVE GROUP TO REMAIN IN ST. LUCIE COUNTY AS A CADILLAC DEALER WHEREAS, St. Lucie County has been one of the fastest growing counties in the United States and has been named as a "Top 10 Boomtown" in 2006 by Inc. Magazine and ranked as one of America's Top Performing Cities for 2005 job growth; and WHEREAS, in 2010, St. Lucie County expects business and job growth to continue as the area expands as a base for medical research and Wyndcrest Holdings is welcomed in the area; and WHEREAS, Bill Wallace and Wallace Cadillac Pontiac have been an important part of our community since Mr. Wallace purchased the franchise in late 2005; and WHEREAS, Mr. Wallace has always been very generous to our communities and supported many charitable causes throughout our area; and WHEREAS, General Motors Corporation has made a decision to abandon the car market in St. Lucie County; and WHEREAS, there are approximately 3,000 Cadillac owners that will be orphaned by the closure of Wallace Cadillac Pontiac and the closest location will be a 30 to 45 minute drive from St. Lucie County; and WHEREAS, Cadillac has been a presence in St. Lucie County since the 1940's and the population here will be subjected to an enormous inconvenience when General Motors closes the doors of Wallace Cadillac Pontiac. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2: This Board supports the efforts of Bill Wallace and Wallace Automotive Group to remain a presence in St. Lucie County. Section 3: The County Administrator is hereby directed to send a copy of this resolution to Mr. Edward Whitacre, Chief Executive Officer, General Motors, LLC, 300 Renaissance Center, Detroit, MI, 48326. Section 4: This Resolution shall take effect upon its adoption. � _ t PASSED AND DULY ADOPTED this 5th day of January 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney RESOLUTION NO. 10-019 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPORTING THE EFFORTS OF BILL WALLACE AND THE WALLACE AUTOMOTIVE GROUP TO REMAIN IN ST. LUCIE COUNTY AS A CHRYSLER JEEP DEALER WHEREAS, St. Lucie County has been one of the fastest growing counties in the United States and has been named as a "Top 10 Boomtown" in 2006 by Inc. Magazine and ranked as one of America's Top Performing Cities for 2005 job growth; and WHEREAS, in 2010, St. Lucie County expects business and job growth to continue as the area expands as a base for medical research and Wyndcrest Holdings is welcomed in the area; and WHEREAS, Bill Wallace and Wallace Chrysler Jeep have been an important part of our community since Mr. Wallace purchased the franchise in late 2005; and WHEREAS, Mr. Wallace has always been very generous to our communities and supported many charitable causes throughout our area; and and WHEREAS, Chrysler has made a decision to abandon the car market in St. Lucie County; WHEREAS, there are approximately 20,000 Chrysler owners who have been orphaned by the closure of Wallace Chrysler Jeep and the next closest location is a 30 to 45 minute drive from St. Lucie County; and WHEREAS, Chrysler has been a presence in St. Lucie County since the 1940's and the population here has suffered a loss and huge inconvenience when Wallace Chrysler Jeep was closed. WHEREAS, Bill Wallace has a strong desire to re-enter the market, upgrade his facility and to bring over 60 jobs back to St. Lucie County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2: This Board supports the efforts of Bill Wallace and Wallace Automotive Group to remain a presence in St. Lucie County. Section 3: The County Administrator is hereby directed to send a copy of this resolution to Mr. Sergio Marchionne, Chief Executive Officer, Chrysler, LLC, 300 Chrysler Drive, Auburn Hills, MI, 48321. Section 4: This Resolution shall take effect upon its adoption. PASSED AND DULY ADOPTED this 5th day of January 2010. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM VI-B-6 DATE: 01-05-10 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT): County Attorney Mark Godwin Criminal Justice oordinator SUBJECT: Request to amend and approve a Contractual Rate Agreement with United for Families, Inc. (UFF) for drug screening services received at the St. Lucie County Drug Screening Lab for FY 2009 through FY 2012. BACKGROUND: Please see attached Memorandum CA No. 09-1665. FUNDS AVAIL: Funds received for drug screening (going from $15,600.00 per year to $29,540.00 per year, not to exceed $88,860.00 through June 30, 2012) would be deposited into the fine and forfeiture fund in the account string: 107-2360-369940-2053 Drug Lab Testing (pending BOCC approval). PREVIOUS ACTION: The St. Lucie County Drug Screening Lab opened for testing on July 1, 2008. On March 3, 2009, the Board approved the previous Contractual Rate Agreement with United for Families, Inc. RECOMMENDATION: Staff recommends the Board approve the Amended Contractual Rate Agreement with United for Families, Inc. for screening clients receiving services, and fees will be paid in part or whole, by UFF, and authorize the Chairman to sign the Amended Contractual Rate Agreement. COMMISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [x] Management & Budget: Dan McIntyre Marie Gouin, Director Patty Marston, Analyst County Attorney MEMORAND UM09-1665 TO: Board of County Commissioners THROUGH: Daniel S. McIntyre, County Attorney FROM: Mark J. Godwin, Criminal Justice Coordinator DATE: January 5, 2009 SUBJECT: Approve the Contractual Rate Agreement between United for Families, Inc. and the St. Lucie County Drug Screening Lab, resulting in an increase in revenue. ITEM NO. VI B 6 Background: The St. Lucie County Drug Screening Lab opened for business on July 1, 2008. In 2009, the Board approved a fixed price agreement in which United for Families, Inc. and would reimburse the SLC Drug Screening Lab $20.00 per test for a maximum of $15,600.00 per year through June 30, 2012. United for Families has now requested an amendment to the Contractual Rate Agreement going from $15,600.00 per year to $29,540.00 per year. If approved, this additional revenue would be deposited into the fine and forfeiture fund (107-2360-369940-2053 - Drug Lab Testing). Recommendation: Staff recommends the Board approve The Contractual Rate Agreement Amendment with United for Families, Inc. for screening clients receiving services, and fees will be paid in part or whole, by UFF, and authorize the Chairman to sign the amended agreement. R spectfully submitted, Mark G dwin Criminal Justice Coordinator AMENDMENT No. 0001 THIS AMENDMENT, entered into between United for Families, Inc., hereinafter referred to as the "Agency" and St. Lucie County Drug Screening Lab hereinafter referred to as "Provider", amends Contract #UA979 as follows: 1. Page 5, [Contractual Rate Agreement, SERVICE PROVIDER ASSURANCES, SPONSORSHIP, Lines 6-8] DELETE " "Sponsored by SERVICE PROVIDER's name, United for Families and the State of Florida." If the sponsorship reference is in written material, the words "United for Families" and "State of Florida" shall appear in the same size letters or type as the name of the SERVICE PROVIDER." and REPLACE with "Sponsored by SERVICE PROVIDER's name, United for Families and the State of Florida, Department of Children and Families. If the sponsorship reference is in written material, the words "United for Families" and "State of Florida, Department of Children and Families" shall appear in the same size letters or type as the name of the SERVICE PROVIDER." 2. Page 9, [ATTACHMENT I, C. METHOD OF PAYMENT, Item l.a., Line 4] DELETE "$15.600.00" and REPLACE with "$29.540.00" 3. Page 9, [ATTACHMENT I, C. METHOD OF PAYMENT, Item l.b. Table] DELETE table in its entirety and REPLACE with 4. PROJECTED SERVICE UNIT N[AXE IUM NUMBER TOTAL RATE OF UNITS nits z Rate Full Panel Observed Drug Screening $20.00 1477 $29,540.00 [screened for eleven (11) types of illicit substances, with additional validity tests completed for creatinine and specific gravity levels D.a ..12 f A= A f�TTIXT'.1TT T T f1T1-• a writ aJ, U11 I t'k% FUV1G1V 11, L. 3rr,%—LFU , rKUv1J1UNJJ Alll) "16. SERVICE PROVIDER assures UFF that it is an entity that is not and/or has not: A) been barred, suspended, or otherwise prohibited from doing business with any government entity within the last five (5) years; B) under investigation or indictment for criminal conduct, or been convicted of any crime which would adversely reflect on the SERVICE PROVIDER's ability to provide services to vulnerable populations, including, but not limited to, abused or neglected children, or which adversely reflects their ability to properly handle public funds; C) currently involved, or been involved within the last five (5) years, with any litigation, regardless of whether as a plaintiff or defendant, which might pose a conflict of interest to UFF, DCF, the state or its subdivisions, or a federal entity providing funds to UFF or DCF; D) had a contract terminated by DCF for a failure to satisfactorily perform or for cause; or E) has failed to implement a convective action plan approved by DCF, or any other governmental entity, after having received due notice." This amendment shall be in effect 12/1/2009. All provisions in the contract and any attachments thereto in conflict with this amendment are hereby changed to conform to this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed in accordance with the level specified in the contract. This amendment and all its attachments are hereby made a part of the Contract #UA979. IN WITNESS THEREOF, the parties hereto have caused this one (1) page Amendment #0001 to be executed by their officials thereunto duly authorized. SERVICE PROVIDER: ST. LUCIE COUNTY DRUG SCREENING LAB Signed By: Name: Charles Grande Title: Chair Date: Federal I.D. # 59-6000935 UFF: UNITED FOR FAMILIES, INC. Signed By: Name: Christine W. Demetriades Title: Chief Executive Officer Date: Federal I.D. # 59-3616410 �M-Dg-3?D ST LUC E COI. 'TY DRUG SCREENING LAB t;A979—ANCILLARI' United for Families, Inc. Contractual Rate Agreement This agreement is made and entered into by and between United for Families, Inc., (hereinafter referred to as "UFF"), and St. Lucie County. Drug Screenin Lab, (hereinafter referred to as the "SERVICE PROVIDER"). WITNESSETH, that whereas SERVICE PROVIDER offers the services described in this Contractual Rate Agreement for sale to UFF, and whereas UFF desires to acquire said services by purchase from the SERVICE PROVIDER. NOW THEREFORE, for and in recognition of the good and valuable consideration to be exchanged between the parties as provided in Contractual Rate Agreement #UA979, SERVICE PROVIDER hereby agrees to sell to UFF and UFF hereby agrees to purchase from SERVICE PROVIDER said service in accordance with terms and conditions of the referenced Contractual Rate Agreement, which includes the SERVICE PROVIDER assurances section, ATTACHMENT I, and all associated EXHIBITs thereto. No services are to be provided to UFF by the SERVICE PROVIDER unless and until the parties have signed this document and it has been returned to: United for Families, Inc., ATTN: Contract Manager 10570 S. Federal Hwy, Suite 300 Port St. Lucie, Florida 34952 Payment under the Contractual Rate Agreement shall be made upon submittal of an invoice after performance of the portion of services, which each payment represents. The final payment shall not be made until the work is completed. Invoices for fees or other compensation for services. or expenses shall be submitted in detai I sufficient for a proper pre -audit and post audit thereof. United for Families retains the right of unilateral cancellation for refusal by the SERVICE PROVIDER to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, F.S. made or received by the SERVICE PROVIDER in conjunction with this agreement. The term of this agreement shall commence as of July I, 2009 and shall continue until midnight, Eastern Standard Time on June 30, 2012, unless sooner terminated pursuant to the terms of this agreement. This is a multi -year agreement, and the total dollar amount will not exceed the sum of the amounts appropriated for each fiscal year. The current agreement total amount will not exceed $40.560.00, subject to the availability of funds. UFF will evaluate this agreement on an annual basis in order to determine and to consider funding for the upcoming fiscal year, and the total agreement amount may be adjusted by UFF if necessary accordingly. UFF agrees to pay for services according to the terms and conditions set forth herein in exchange for the SERVICE PROVIDER's delivery of child welfare services as set forth herein. By signing this contract, both parties agree that they have read and agree to the contents therein. IN WITNESS WHEREOF, the parties hereto have caused this twenty-five (25) page contract, CONTRACT #UA979, to be executed by their undersigned officials as duly authorized. SERVICE PROVIDER: ST LUCIE CO1,4NTY DRUG SCREENING LAB Signed By: ATrSTt 1 Name: Paula A. Lewis Title: Date:—p�11—,� APPROO�EDS TO Federal I.D. # 59-6000835 Lee%� �� ffii Tv nrrn 1 u "*tQ, # 59-36164I0 IN ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY SERVICE PROVIDER ASSURANCES NOTICE TO SERVICE PROVIDER: In accordance with Florida Law (Section 287.058, F.S.) United for Families, Inc., requires that all contractual services procured by the agency be covered by a two-party agreement. This document fulfills that requirement. It is recommended that action be taken, in regard to the agreement provisions stated in this document immediately to address indicated and PRIOR to or CONCURRENT with the provision of the service outlined herein. Your invoice(s) will not be paid without it. Receipt by the SERVICE PROVIDER of the Contractual Rate Agreement, combined with its failure to reject the Contractual Rate Agreement by notice to the agency in writing within ten (10) calendar days of receipt, constitutes acceptance of all the terms of the Contractual Rate Agreement. The terms and conditions may not be unilaterally modified by the SERVICE PROVIDER. After said 10-day period in which no written rejection notice has be received by the agency, the terms and conditions of the Contractual Rate Agreement become binding on the parties. The SERVICE PROVIDER agrees to comply with all UFF policies and procedures, where applicable. The SERVICE PROVIDER's failure to perform in accordance with the term of this agreement shall be grounds for termination thereof. ACCREDITATION: UFF is committed to ensuring the provision of the highest quality services to its clients. Accordingly, UFF has expectations that where accreditation is generally accepted nationwide as a clear indicator of quality service, SERVICE PROVIDERS will either be accredited, have a plan to reeet national accreditation standards, or will initiate one within a reasonable period of time. Once acquired, evidence of such accreditation, and renewals, shall be provided to the UFF Contract Manager within thirty (30) calendar days of initial acquisition or expiration date. AMENDMENT OR MODIFICATION: This contract may be amended or modified in writing as mutually agreed upon by both parties. Modifications of service provisions to this contract shall only be valid when requested in advance, mutually agreed upon by both parties and approved by contract management or designee. ANNUAL APPROPRIATIONS: The agency's obligation to pay under this Contractual Rate Agreement is contingent upon an annual appropriation by the legislature contracted to the Lead Agency. CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS: This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360 — 20369). Each SERVICE PROVIDER whose contract/subcontract ee uals or exceeds $25,000 in federal moneys must sign this certification (ATTACHMENT III) prior to execution of each contract. Additionally, SERVICE PROVIDERS who audit federal programs must also sign, regardless of the contract amount. The Department of Children and Families and UFF cannot contract with these types of SERVICE PROVIDERS if they are debarred or suspended by the federal government. CIVIL RIGHTS REQUIREMENTS: The SERVICE PROVIDER agrees not to discriminate against any employee in the performance of this Contractual Rate Agreement or against any applicant for employment because of age, race, religion, color, disability, national origin, marital status or sex. The SERVICE PROVIDER further assures that all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees because of age, race, religion, color, disability, national origin, marital status or sex. This is binding upon the SERVICE PROVIDER employing fifteen (15) or more individuals. If applicable, the SERVICE PROVIDER shall complete the Civil Rights Compliance Questionnaire, CF Forms 946 A and B (EXHIBIT C), in accordance with CFOP 60-16. CONFIDENTIALITY OF CLIENT INFORMATION: The SERVICE PROVIDER agrees to not use or disclose any information concerning a recipient of services under this agreement for any purpose prohibited by state or federal laws or regulations (except with the written consent of a person legally authorized to give that consent or when authorized by law). ST LUCIE COUNTY DRUG SCREENING LAB LIA979-ANCILLARY DISPUTE RESOLUTION: The SERVICE PROVIDER agrees to adhere to UFF's complaint and grievance procedures, as it is related to this contract. These types of issues shall first be discussed with the UFF Contract Manager. If the complaint cannot be resolved initially, then the SERVICE PROVIDER must submit the complaint, dispute.. or grievance in writing to the assigned UFF Contract Manager who will attempt further resolution. If the UFF Contract Manager is unable to resolve the complaint, the complaint will be elevated to UFF's Senior Management Team. If the issue cannot be mutually satisfactorily resolved at this level, it will be elevated in accordance to UFF's CEO, where an attempt to resolve the complaint will be made. SERVICE PROVIDER and UFF shall make every reasonable attempt to resolve any dispute arising under this contract between them. Both parties recognize that resolution of all disputes without third party intervention is most desirable. Should SERVICE PROVIDER and UFF not be able to resolve any dispute arising under this contract after forty-five (45) calendar days of discussion, both parties may suggest additional mediation as a means to resolve the dispute. EMERGENCY PREPAREDNESS: If the tasks to be performed pursuant to this Contractual Rate Agreement include the physical care and control of clients, the SERVICE PROVIDER shall, within thirty (30) calendar days of the execution of this contract, submit to the UFF Contract Manager an emergency preparedness plan, which shall include provisions for pre -disaster records protection, alternative accommodations for clients in substitute care, supplies and a recovery plan that will allow the SERVICE PROVIDER to continue functioning in compliance with the executed contract in the event of an actual emergency. UFF agrees to respond in writing within thirty (30) business days of receipt of the plan accepting, rejecting or requesting modifications. In the event of an emergency, UFF may exercise oversight authority over such provider in order to assure implementation of agreed emergency relief provisions. GOVERNING LAW: If this contract contains federal funds, the SERVICE PROVIDER shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR Part 92. If this contract contains federal funds and is over $100,000, the SERVICE PROVIDER shall comply with all applicable standards, orders or regulations issued under section 306 of the Clean Air Act, as amended (42 U.S.C. 7401 et seq.), section 508 of the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 ,et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 30) and Public Law 100-690, the Drug Free Workplace Act of 1988, and any modifications thereto. The SERVICE PROVIDER shall report any violations of the above to UFF. GRATUITIES: The SERVICE PROVIDER agrees that it will not offer to give or give any gift to any UFF employee. As part of the consideration for this contract, the parties intend that this provision will survive the contract period of two (2) years. In addition to any other remedies available to UFF, any violation of this provision will result in referral of the SERVICE PROVIDER's name and description of the violation of this term to the Department of Management Services for the potential inclusion of the SERVICE PROVIDER's name on the suspended vendors list for an appropriate period of time. GRIEVANCE SYSTEM: UFF shall maintain a grievance procedure for clients, their families, custodians and guardians. The SERVICE PROVIDER shall, in accordance with the UFF's Quality Management Plan, ensure that all grievances and appeals are processed fairly and timely. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY HIPAA : Where applicable, the SERVICE PROVIDER agrees to comply with the Health Insurance Portability and Accountability Act (42 U.S.C. 1320d.) as well as all regulations promulgated thereunder (45 CFR Parts 160, 162, and 164). INCIDENT REPORTING AND CLIENT RISK PREVENTION: If services to clients are to be provided under this contract, the SERVICE PROVIDER shall, in accordance with the UFF Quality Management Plan, report critical incident information to ensure child safety and to prevent future risk using the Incident Reporting Form, to be accessed via the web at www.uff.us/providers.php (see EXHIBIT F for reference). The SERVICE PROVIDER will immediately report knowledge or reasonable suspicion of abuse, neglect or exploitation of a child, aged person or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number (1-800- 96ABUSE). As required by Florida Statutes Section 39 and 415, this provision is binding upon both the SERVICE PROVIDER and its employees. INDEMNIFICATION: To the extent allowed by law, the SERVICE PROVIDER shall be liable for and indemnify, defend and hold United for Families and all of its officers, agents, and employees harmless from all claims, suits, judgments, or ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY damages, including attorneys' fees and costs, arising out of any act, actions, neglect, or omissions by the SERVICE PROVIDER, its agents, or employees during the performance or operation of this contract or any subsequent modifications thereof. INFORMATION SYSTEMS/ SECURITY OBLIGATIONS: The SERVICE PROVIDER will ensure that all SERVICE PROVIDER employees who have access to UFF and/or DCF information are provided a copy of CFOP 50-6 and sign the DCF Security Agreement Form (CF1 14) annually (EXHIBIT B). The SERVICE PROVIDER will identify an appropriately skilled individual to function as its data security officer. The SERVICE PROVIDER will supply to the UFF Contract Manager, within thirty (30) calendar days of contract execution, the names, title, e-mail and telephone number of the SERVICE PROVIDER's security officer, and in the event the security officer personnel member changes, the SERVICE PROVIDER will immediately notify the UFF Contract Manager, via e-mail, with the new contact information of the new security officer. This security officer shall act as the liaison to UFF's security staff and will maintain an appropriate level of data security for the information the SERVICE PROVIDER is collecting or using in the performance of this contract. This includes ensuring that all SERVICE PROVIDER personnel members associated with this contract sign the Security Agreement form, when applicable. approving and tracking all SERVICE PROVIDER employees that request system or information access and ensuring that user access has been removed from all terminated SERVICE PROVIDER employees. The SERVICE PROVIDER shall appropriately utilize any and all information systems required by DCF or UFF. The SERVICE PROVIDER shall maintain data integrity in each of the systems, update the required information as required, and abide by DCF and UFF data security policies and procedures. INSURANCE: The SERVICE PROVIDER agrees to provide continuous adequate liability insurance coverage during the existence of this Contractual Rate Agreement and any renewal(s) and extension(s) of it. By execution of this Contractual Rate Agreement, unless it is a state agency or subdivision as defined by subsection 768.28(2), F.S., the SERVICE PROVIDER accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the SERVICE PROVIDER and the clients to be served under this Contractual Rate Agreement. Within thirty (30)' calendar days of the execution of this contract, the SERVICE PROVIDER shall furnish UFF with written verification supporting both the determination and existence of all applicable insurance coverage identifying UFF as a certificate holder. SERVICE PROVIDER shall furnish UFF, throughout the contract duration, with written verification of the renewal of such insurance coverage within thirty (30) calendar days of coverage expiration date. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. UFF reserves the right to require additional insurance. PROFILING & CREDENTIALING: The SERVICE PROVIDER shall have thirty (30) calendar days from the execution of this contract to complete the UFF Provider Profiling and Credentialing System (a/k/a Profiler). The profiler system can be found at www.uff.us/providers.plip . PUBLIC ENTITIES CRIMES: In accordance with Chapter 287.133 (2) (a), a person or affiliate who has been placed on the convicted SERVICE PROVIDER list following a conviction for a public entity crime may not submit a bid on a contract to provide services to a public entity or its agent, may not submit a bid on a contract with a public entity or its agent for the construction or repair of a public building or its' agent, may not submit bids on leases of real property to a public entity or its agent, may not be awarded or perform work as a contract, supplier, subcontractor, or consultant under a contract with any public entity or its agent and may not transact business with any public entity or its agent in excess of the threshold amount provided in section 287.017 F.S. for CATEGORY TWO ($25,000) for a period of thirty-six (36) months from the date of being on the convicted vendor's list. RECORDS ACCESS MONITORING AND RETENTION: The SERVICE PROVIDER shall establish, maintain, and retain sufficient records (all client records, financial records, supporting documents, statistical records, and any other documents [including electronic storage media] pertinent to this Contractual Rate Agreement) sufficient to reflect all income and expenditures of funds provided by UFF under this Contractual Rate Agreement, and sufficient to demonstrate SERVICE PROVIDER's compliance with the terms of this Contractual Rate Agreement. Furthermore, the SERVICE PROVIDER shall comply with all of the Florida Statewide Advocacy Council and the Florida Local Advocacy Council's requirements by allowing access to records of clients and the ability to make use of, unless otherwise protected by law, all client records, files and reports in any program, service ST LUCiE COUNTY DRUG SCREENING LAB UA979—ANCILLARY or facility that is operated, funded, licensed or regulated by DCF, or its duly authorized contractor UFF, for the purposes of investi�(,ations and monitoring. The SERVICE PROVIDER shall permit, at no additional cost to UFF, persons duly authorized by UFF to access, inspect and copy any records, papers, documents, facilities, goods and services of the SERVICE PROVIDER which are relevant to this Contractual Rate Agreement, and to interview any clients. employees and subcontractor employees of the SERVICE PROVIDER to assure UFF of the satisfactory performance of the terms and conditions of this Contractual Rate Agreement. SERVICE PROVIDER aggrees to comply and cooperate immediately with any and all UFF (or authorized designee) monitoring, inspections, reviews, investigations, or audits deemed necessary by UFF. Following such review, UFF will deliver to the SERVICE PROVIDER a written report of its findings and request for development, by the SERVICE PROVIDER, of a corrective action plan, where appropriate. The SERVICE PROVIDER hereby agrees to timely correct all deficiencies identified in the corrective action plan. SERVICE PROVIDER understands that corrective action plans imay be required for noncompliance, nonperformance or unacceptable performance under this contract. SERVICE PROVIDER further understands that penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. So, non compliance involving service provision which does not have a direct effect on client health or safety shall result in the imposition of a five percent (5%) damage amount. Non compliance as a result of unacceptable performance of administrative tasks shall result in the imposition of a two percent (2%) damage amount. SERVICE PROVIDER agrees to submit to UFF an annual financial and compliance audit and to ensure that all related party transactions are disclosed to the auditor (see ATTACHMENT II). SERVICE PROVIDER shall retain all records for a period of' six (6) years after the completion of this Contractual Rate Agreement. If an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings or litigation. The SERVICE PROVIDER shall, at no additional cost to UFF, facilitate the duplication and transfer of any records or documents during the required retention period upon UFF's request, and the SERVICE PROVIDER shall ensure that audit working papers are made available to UFF, or its designee, upon request, for a period of three Q) years from the date the audit report is issued, unless extended in writing by UFF. RENEWAL: This Contractual Rate Agreement may be renewed for an additional twelve (12) consecutive months, subject to the SERVICE PROVIDER's adherence to the conditions specified in this Contractual Rate Agreement, needs of UFF, and availability of funds. Any subsequent renewals will require a modification of the fee schedule set forth in ATTACHMENT I of this Contractual Rate Agreement. SPONSORSHIP: If this contract is sponsored wholly or in part by UFF, then the SERVICE PROVIDER agrees to include language, on all publicizing, advertising, or descriptive marketing materials for its program, which states: "Sponsored by SERVICE PROViDER's name and United for Families". If the SERVICE PROVIDER is a non -governmental organization, which sponsors a program financed wholly or in part by UFF. including any funds obtained through this contract, it shall, in publicizing, advertising, or describin._; the sponsorship of the program, state in accordance with s. 286 25: "Sponsored by SERVICE PROVIDER's name, United for Families and the State of Florida." If the sponsorship reference is in written material, the words "United for Families" and "State of Florida" shall appear in the same size letters or type as the name of the SERVICE PROVIDER. SERVICE PROVIDER is exempt from this provision if they receive less than thirty-five (35) percent of their total cumulative a<_=ency/organizational funding from the State, in accordance with F.S. 409.1671. TERMINATION: This contract may be terminated with or without cause by either party giving thirty (30) calendar days written notice to the other party. However, this contract may be terminated or suspended by UFF without notice if UFF determines that SERVICE PROVIDER poses a risk of danger to any client, or if UFF's contract with DCF is terminated. In the event that this contract is terminated, regardless of the circumstances of termination, SERVICE PROVIDER shall continue to serve any clients receiving services from SERVICE PROVIDER prior to the termination notice for a maximum of (180) calendar days after receipt of such notice in order to allow for an appropriate transition of such clients to other SERVICE PROVIDERS with minimum disruption in service delivery. During such transition period, SERVICE PROVIDER and UFF will continue to operate in accordance with the terms of this contract, which shall remain in effect until all invoices are resolved and all tinal payments have been made to SERVICE PROVIDER. Confidentiality, Records Access, Audits and Retention, and Indemnification shall survive the termination of this contract. ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY TESTIMONY: The SERVICE PROVIDER shall provide, without additional compensation, as a normal and necessary part of the services to he performed under this contract, expert and/or other testimony, including provision of written reports, records and/or exhibits, at the request of UFF, DCF or the courts as indicated periodically. USE OF FUNDS FOR LOBBYING PROHIBITED: The SER VICE PROVIDER agrees to comply with provisions of Sections 11.062 and 216.347, F.S., which prohibit the expenditures of contract funds for the purpose of lobbying the Legislature, judicial branch, or a state agency. Each SERVICE PROVIDER, must sign this certification (ATTACHMENT IV) prior to execution of each contract. 0 ATTACHMENT I A. SERVICES TO BE PROVIDED I. DEFINITION OF TERMS ST LUCIE COUNTY DRUG SCREENING LAB UA979—ANCILLARY a. General Terms For the definition of words commonly used in this agreement, please refer to the UFF Glossary of Contract Terms, which by reference is incorporated in this contract. A copy of this Glossary is available from the UFF Contract Manager by request. b. Program or Service Specific Terms (1) Client (synonymous with recipients and persons who are receiving services) Any individual who Is receiving services in any substance abuse or mental health program whose cost of care is paid, in part or in whole, by UFF, Medicaid, or local match. (2) Chain of Custody: A legal term that refers to the ability to guarantee the identity and integrity of the specimen from collection through to reporting of the test results. (3) Observed Drug Screening: A urine specimen collection witnessed by a staff member of the SERVICE PROVIDER. The client must be physically observed while providing the specimen. The specimen receives a full panel screening for eleven (11) types of illicit substances (including cocaine, marijuana, opiates, alcohol, methadone, barbiturates, amphetamine, benzodiazepines, oxycodone, PCP and propoxyphene), with additional validity tests completed for creatinine and specific gravity levels. 2. GENERAL DESCRIPTION The SERVICE PROVIDER shall be responsible for providing substance abuse services to adult caregivers referred by UFF dependency case managers and/or by the Department of Children and Families (DCF) protective investigators. 3. SCOPE OF SERVICE SERVICE PROVIDER agrees to provide the following services as outlined below: a. Full panel Observed Drug Screens [screened for eleven (I I) types of illicit substances, with additional validity tests completed for creatinine and specific gravity levels] 4. CLIENTS TO BE SERVED The SERVICE PROVIDER shall serve adult caregivers of children at risk of abuse, neglect and/or abandonment who are referred by UFF dependency case managers and/or by the Department of Children and Families (DCF) protective investigators. A client must have photo identification and a chain of custody form (EXHIBIT E) with them before the SERVICE PROVIDER will provide service. The form will be filled out and signed by client at time of actual specimen collection. 5. CONTRACT LIMITS This Contractual Rate Agreement does not allow the SERVICE PROVIDER to subcontract for the provision of any services under this contract without prior written approval of UFF. B. MANNER OF SERVICE PROVISION 1. SERVICE TASKS a. Task List & Limits 7 (1) (2) ST LUCIE COUNTY DRUG SCREENING LAB UA979—ANCILLARY The SERVICE PROVIDER agrees to collect urine specimens, document chain of custody, conduct drug screens and report results for clients' drug tests to the UFF dependency case management organizations' designated representative(s) within forty-eight (48) hours. The SERVICE PROVIDER is required to report the results via secure fax of the drugs screens to: Dependency Case Management ivlartin: UFF / Children's Home Society 3465 SE Willoughby Blvd. Stuart, Florida 34994 Office: 772-223-2550 Fax:772-223-2639 Email: CTS MCo&,uff.us St. Lucie: UFF/ Family Preservation Services of FL, Inc. 121 N. 2nd Street, Suite 301 Fort Pierce, FL 34950 Phone: 772-429 2100 Fax: 772-464-0087 Email: CTS SLC(2uff Indian River: UFF/ Children's Home Society 1436 C Old Dixie Highway Vero Beach, FL 32960. Phone: 772-770-6710 Fax: 772-770-6739 Email: CTS IRC(nuff.us UFF/ Children's Home Society 1690 NW 9th Avenue Okeechobee, FL 34972 Phone:863-462-5753 Fax: 863-462-5205 Email: 2. STAFFING LEVELS, (,QUALIFICATIONS, & CHANGES a. The SERVICE PROVIDER shall maintain an adequate level of staff and properly trained, screened, and certified staff (administrative and programmatic) to meet the contractual responsibilities and in compliance with all applicable administrative rules and statutes. Moreover, in order to prevent business interruption, the SERVICE PROVIDER must maintain adequate staff coverage to ensure no deficiency or gap in any UFF required service delivery aspect exists on a daily operating basis or an emergency need basis. b. The SERVICE PROVIDER shall notify the UFF Contract Manager in writing at least fourteen (14) calendar days prior to a vacancy, and, upon SERVICE PROVIDER's receipt of notice of an anticipated vacancy of the Executive Director, Program Director or significant staff to the provision of contractual service, the SERVICE PROVIDER shall provide the name of the interim contact person or permanent replacement. 3. DELIVERABLES a. Service Units A service unit, for purposes of this contractual rate agreement, shall be constituted as a complete screening or verification of a positive screening administered to a UFF/DCF referred client. 4. SERVICE LOCATION & TIMES a. Service Delivery Location (1) The SERVICE PROVIDER shall administer services in the following Florida county(ies): St Lucie County (2) The SERVICE PROVIDER's service delivery location(s) is as follows: St Lucie County Drug Screening Lab 218 S 2"d Street Room 228 Ft Pierce, FL 34950 772-462-6739 (3) The SERVICE PROVIDER's administrative location(s), where financial records and administrative records will be maintained, is as follows: St Lucie County Drug Screening Lab 2300 Virginia Ave Ft Pierce, FL 34982 8 ST LUCIE COUNTY DRUG SCREENING LAB UA979—ANCILL4LRY (4) The SERVICE PROVIDER's designated point of contact for this contract will be Mark J. Godwin, Criminal Justice Coordinator b. Service Times (1) The days and times for service delivery shall be defined as: Monday through Wednesday and Friday from 8:30 a.m. to 4:30 p.m. and Thursday from 8:30 a.m. to 6:30 p.m. (2) Administrative offices shall be open Monday through Friday, from 8:00 a.m. to 5:00 p.m. (3) In the event of an emergency, critical incident, natural or man made disaster the SERVICE PROVIDER will notify UFF immediately of any changes in times, location, or method of service delivery. c. Changes in Location The SERVICE PROVIDER shall notify the UFF Contract Manager, in writing, at least thirty (30) calendar days in advance of any change in street address or mailing address of the SERVICE PROVIDER's administrative or service location office(s). All other changes in administrative functions, phone or fax, shall be provided, in writing, within twenty-four (24) hours of the change. C. METHOD OF PAYMENT I. PAYMENT SYSTEM a. Payment Clause - Fixed Price (Unit Cost) Method of Payment This is a fixed price (unit cost) contract. UFF shall pay the SERVICE PROVIDER for the delivery of service units provided in accordance with the terms of this Contractual Rate Agreement for a total dollar amount not to exceed $15,600.00 for Fiscal Year 2009-2010, subject to the availability of funds. Fiscal Year 2010-2011 and Fiscal Year 2011-2012 will be determined by UFF on an annual basis, subject to the availability of funds. b. Service Units Fixed Price (Unit Cost) Method of Payment Chart UFF agrees to pay for the service units at the unit price(s) and limits listed below for Fiscal Year 2009- 2010 for services rendered. Fiscal Year 2010-2011 and Fiscal Year 2011-2012 will be determined by UFF on an annual basis, subject to the availahility of fi,r,.io PROJECTED SERVICE UNIT MAXIMUM Full Panel Observed Drug Screening RATE $20.00 NUMBER OF UNITS [screened for eleven (11) types of illicit substances, 780 with additional validity tests completed for creatinine andspecific gravity levels] 2. INVOICE REQUIREMENTS TOTAL Units x Rate $15,600.00 a. The SERVICE PROVIDER shall request payment on a monthly basis through submission of a properly completed invoice (EXHIBIT A), within ten (10) calendar days following the end of the month for which payment is being requested. b. Invoices shall be submitted to: United for Families, Inc. Attn.: Contract Manager 10570 S. Federal Highway, Suite 300 Port St. Lucie, Florida 34952 E ST LUCIE COl!NTY DRUG SCREENING LAB tIA979-ANCILLARY c. United for Families' decision to reduce or withhold funds shall be in writing and submitted to the SERVICE PROVIDER. The written notice will specify the manner and extent to which the SERVICE PROVIDER failed to comply with the tears of the agreement. d. UFF shall provide notice to SERVICE PROVIDER of any in requiring correction or documentation within five (5) business days of receipt of such invoice. SERVICE PROVIDER will then be permitted up to three (3) business days from the notification date to correct deficiencies, so invoice can continue processing in accordance with regular timeframes. However, if needed, SERVICE PROVIDER shall tification by UFF to correct problems with its invoices. have thirty (30) calendar days from the time of no e. With the exception of payment to health care service providers for hospital, medical, or other health care services, and in accordance with UFF policy, UFF will issue payment to contracted SERVICE PROVIDERs within thirty (30) business days, measured from the latter of the date either the goods or services are received or the date the invoice is received, inspected, and approved for processing. f. Fiscal year billing reconciliation will occur annually regardless of the terms of the contract outlined above. Therefore, the SERVICE PROVIDER will be required to submit an annual invoice no more than forty-five (45) calendar days after the close of each UFF fiscal year, and this invoice must include all relevant costs for June andn to dos so all rights to paymentare forfeited and UFF prior year n payment. If the SERVICE PROVIDERfalls will not honor any requests submitted after the aforesaid time period. g. Any payment due under the terms of this contract may be withheld by UFF until all reports due from the SERVICE PROVIDER, and necessary adjustments thereto, have been approved by UFF. 3. DOCUMENTATION OF EXPENDITURES Documentation of all expenditures incurred under this contract shall be maintained by the SERVICE PROVIDER and is subject to being requested or reviewed by UFF at any time during this contract period. Expenditures should be made in accordance with applicable State and Federal Rules and Laws and be directly related to this contract. Expenditure reviews may result in an increase/decrease of the contract amount in the current or future contract year(s). 4. SLIDING FEE SCALE In accordance with F.A.C. 65E-14.018, the SERVICE PROVIDER, where applicable, shall: a. Develop an annual sliding fee scale that applies to persons for services that are paid for by state, federal, or local matching funds who have an annual gross family income at or above 150 percent of the Federal Poverty Income Guidelines. The sliding fee scale does not apply to services paid for by Medicaid. b. Make a determination of ability to pay in accordance with the sliding fee scale for all clients seeking substance abuse and mental health services. Payment of fees shall not be a pre -requisite to treatment or the receipt of services. c. Inform clients and responsible parties of the state laws that require the assessment and collection of fees. d. Require persons meeting the criteria listed beiow to contribute to their treatment costs consistent with the provisions in Section 409.2 11. F.S.: (1) Persons who receive optional supplementation payments or are receiving a supplemental security income check. (2) Persons determined to be eligible for optional supplementation by the Department. (3) Persons who meet program eligibility criteria for assisted living facilities; foster care family placements, long-term residential care. or any other special living arrangements. 10 sr LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY e. Require persons who are involuntarily admitted for substance abuse treatment and mental health examination pursuant to Sections 397.67-5 and 394.463. F.S., to contribute to the cost of care in accordance with the sliding fee scale, unless charcying a fee is contraindicated because of the crisis situation. The SERVICE PROVIDER shall inform the client and responsible party when the fee has been waived and shall document such circumstances in the client's file. f. Have written procedures for determining annual gross family income for the purpose of assessing, billing and collecting client fees. (1) Current income, from either part-time or full-time employment, received by an adult client and all other adult family members of the household, including the spouse, is derived by multiplying: (i) An houriy wage by 2080 hours (for part-time employment use anticipated annual hours); or (ii) A weekly wage by 52 weeks; or (W)A biweekly wage by 26 weeks; or (iv)A monthly wage by 12 months. g. Accept the client's statements related to income and family size at the initial assessment. h. Recognize fee liability exceptions, whereas the following parties shall not be liable for payment of fees: (1) Parents of minor clients, when the client has been permanently committed to the Department and parental rights have been permanently terminated. (2) Parents of a minor child, when the child has requested and is receiving services without parental consent. Additionally, the SERVICE PROVIDER understands that they will retain fees collected for. services rendered, deduct them from the invoicing to UFF, and use these funds to support the provided service. D. SPECIAL PROVISIONS I. In accordance with s. 402.181, F.S., the SERVICE PROVIDER may file claims with the Department of Legal Affairs at its office in accordance with regulations prescribed by the Department of Legal Affairs for the purpose. of making restitution for property damages and direct foster children. medical expenses for injuries caused by 2. In accordance with Chapter 402, F.S., the SERVICE PROVIDER shall comply with all of the Florida Statewide Advocacy Council and the Florida Local Advocacy Council's requirements by allowing access to records of clients and the ability to make use of.. unless otherwise protected by law, all client records, files and reports in any program, service or facility that is operated, funded, licensed or regulated by the department for the purposes of investigations and monitoring. 3. The SERVICE PROVIDER shall comply with s. 402.24., F.S.. for Recovery of third party claims for medical services. 4. The SERVICE PROVIDER shall comply with s. 40".17, F.S., for claims for care and maintenance; trust property. 5. SERVICE PROVIDER will submit a copy its entit)'s annual tax filing (i.e. Non Profits = 990 or 990EZ) to the assigned UFF Contract Manager within 180 calendar days of the end of the SERVICE PROVIDER's fiscal veas. 6. The SERVICE PROVIDER has no standing to apply for or to retain Social Security, SSI, or any other benefits for any foster care child for which the Department or UFF has legal standing to receive benefits as representative pavee or by order of the court. Any such benefits that may be received by the SERVICE ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY PROVIDER shall be paid to the Department or UFF as the legally constituted representative payee on behalf of any such child. 7. The terms and conditions of the current Department of Children and Families Community -Based Care Agency (CBC) Services Contract, and any subsequent amendments that are applicable to subcontractors, are incorporated herein by reference and made a part of this agreement. In as much as this agreement is in part fulfilling obligations arising out of the CBC Services Contract, in the event of a conflict between the terms of this agreement and the CBC Services Contract, the terms of the CBC Services Contract shall control. A copy of the CBC Services Contract will be provided to the SERVICE PROVIDER upon request. 8. Fees - No fees shall be imposed by the SERVICE PROVIDER or subcontractors other than those set by the Department or UFF and described in the current State of Florida Title XX Pre -Expenditure Report. Fees collected in compliance with the aforementioned report shall be disposed of in a manner authorized by the Department or UFF. 9. Third Party Payments - The funding available in this contract is for services excluding all successfully billed third party payments, including but not limited to, Medicaid. Supporting documentation of aggregate third party collections shall be available at the SERVICE PROVIDER's location or at the subcontractor's locations for inspection by the Department or UFF. 10. Medicaid Services — UFF shall not pay for Medicaid -eligible behavioral health services with this contract's funds. Services that are allowable to be billed under the Medicaid Community Behavioral Health Services Handbook, herein referenced, are not allowed to be billed under this contract. 11. Signatory Authority —Only the personnel members listed on the UFF signatory authority form (EXHIBIT D) will be considered authorized personnel to sign for contract related items or invoice submissions for payment. If SERVICE PROVIDER signatory authorities change at any time, this information must be provided immediately to the UFF Contract Manager. 12. Licensure — The SERVICE PROVIDER represents and warrants that, for the duration of this contract, the SERVICE PROVIDER will remain duly licensed and/or certified in accordance with the laws of the State of Florida and, as applicable, for the provision of services to clients. The SERVICE PROVIDER shall provide evidence to UFF of any license and/or certification that is required by law to permit the SERVICE PROVIDER to provide the services covered by this contract. Within thirty (30) calendar days of the execution of this contract, the SERVICE PROVIDER shall furnish UFF with written verification supporting both the determination and existence of all applicable licensure. SERVICE PROVIDER shall furnish UFF, throughout the contract duration, with written verification of the renewal of such licensure within thirty (30) calendar days of licensure expiration date. SERVICE PROVIDER shall notify UFF immediately verbally and in writing if SERVICE PROVIDERs license and/or certification to practice is/are restricted, suspended, revoked or otherwise terminated. 13. UFF Determinations — Final authority in all disputes related to this contract rests solely with UFF. This includes, but is not limited to, client eligibility, data collection, monitoring, payment and reporting. UFF reserves the exclusive right to make certain determinations. The absence of UFF setting forth a specific reservation of right does not mean that all other areas of the contract are subject to mutual agreement. UFF reserves the exclusive right to make any and all determinations which it deems are necessary to protect the health, safety and welfare of the clients which are served by UFF either directly or through any one of its contracts SERVICE PROVIDERS. UFF reserves the right to determine satisfactory performance of the SERVICE PROVIDER in carrying out tasks and completing deliverable specified in this contract through review of status reports on deliverables and reports on service tasks to be submitted by the SERVICE PROVIDER and programmatic monitoring conducted by UFF. 14. FSFN—The SERVICE PROVIDER will utilize the Florida Safe Families Network system as the information system of record for all dependency client information. All SERVICE PROVIDER direct care staff will be trained and, subsequent to training, will utilize FSFN as the central portal for case file updates (i.e. chrono notes, etc.) within the 2009-2010 fiscal year. 12 ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY 15. Option to Extend — The total duration of this contract, including the exercise of any annual renewal options under this respective clause. shall not exceed three Q) years. The SERVICE PROVIDER's obligation for performance of this contract beyond the expiration date is contingent upon the availability of funds from which payment for contract purposes can be made and UFF's satisfaction of the SERVICE PROVIDER's fiscal and programmatic performance on an annual basis. E. LIST OF EXHIBITS EXHIBIT A: Invoice Form EXHIBIT B: Security Agreement Form EXHIBIT C: Civil Rights Compliance Form EXHIBIT D: Signatory Authority Form EXHIBIT E: Chain of Custody Sample Form EXHIBIT F: Incident Reporting Form ST LUCIE COUNTY DRUG SCREENING LAB t! A979—ANC 1 LLARY EXHIBIT A INVOICE FORM tNVOICE AND CLIENT LUG FC}fi A14CILL ARY SERVICES :Up fli thti MONTH ci' _—_. _..__.._......._—._........ ..._ ._ _... C :.teen[ 1 I Cv-Ps�a a ` :oc4tt Fieevrtzy ,�.am or bar InKYtei a of EArt '� t{ C^ac F fla H) s i Nome t+l`it un«s IMin fwSf Rrntli+re+4 p'mviAed f P r 5etvite BY ClerrL i et Cnai _ i 7€a I oats( tut hesrlca'. _ry ..1 �. .. — f.. gnnn: SQ. 3 MIN 00 y„ .... .. , w..... ....:.. 10.00 ILice-__.._ E I Z ,rWne»Ini oe cormei to agra mw4 wtq, tzta apnvy N metes aa0 wrc , txtr wcrnc at Q a emeniwNti untied far Ramlwnc. frtc. • 1 uretfy the above to 5!Bnalnro f.;�rr I.�:e:''' `FiE "i1 U4i16i:a F 'fq$f_ida f'' �,c,.'?'-'�::' . te; FRL:-`A6"A �' '�f s _ .. •' �te`,i:.N".. learnc .,pTED f0lS 1'AAgLI1=:atP`SEa «..�. .�_- a _, "AGEMENT DEPT. Flm—mtce — Data kAprwe=: II£FARTMENT rRNAPN4'CE YR XL a M UI T t'R:, - &RC:. K �L'r_t 14 ST 1,uCIE COUNTY DRUG SCREENING LAB UA979—ANCILLARY EXHIBIT B SECURITY AGREEMENT FORM SECURITY AGREEMENT FORM :1 Li 11 11131'p-fid Fanilies 11:'S 1L1`J1CI'Jze0 YOU' The Der�artffleftt Of ( I` ' ' ?rinted reports, to J)jLj.Vr,• am-.-�Ss tc, sers, tive dati, tfihe r(D' 9b t I nawry. On-line w:!Cfate, '-,I- microlicne, systen- i Standzwds of Condl,Wt 31IT1, irl add4tav to Gomputer crimus al`e -1 vicija!iori LiF the departin.ental C[Smpljne, tree commission of colllpt.ft�I' cranes may fesUlt in Federal ande'or State feioiiyciirwriali I understand that s pro'ieW001" Provisions cif Federal and Stdte s:atutes and -way also result in disciptiriary action against I S of Colx�uct in the E-mpioyet i-4,xndt>o-k. according to the deDartrrpentii Stiandard By my slap iture below, I jjcl�.Ilovjiedge that I have received, read, understand ar)d agree to be bound by the folicnving: & The Computer Reloted crimes Act-, C i�NXC,f 81 E', 0 Sections 74213, 72 13A, LIIIJ 74,3 1 of ttie IntLirrial Revenue Code. wtrz1h provide civil and critiii al perfalt".es far unauthor,70-41 in - or disclosure of Federni ax datL -1al Revenue Gr"df', c-ontkk�w;ality and disc losuri,- Of 0 .31 f13(1"ri ) of tile jilterI returns and reti-1111 !tlfrJrfy'1ati0fl- 0 0 It IF, the P[)Iv-_v of lhz'a *Peq.a!-tf-rjejjj 0. ri , and Farrjl,es tile -It 110 cuattract eMiDiOyee shall be, *_flkrvtcfl !R,S !3X jAf0rIT1a4ioLr,, (,,,I, FDLE infol matir)", 1.11 Ile.3s ;,Uch cc)ntracl ernpinvee Is torn',1111i -,IPP' ved in vaifing t'N anc pass ion, to acce--!; sPecift d inforinat:or as authurized by rurgulatto!" 31-rd",L)r ztatute. 0 1*. is Die policy of M,� Depatvrvent 0;, C;hiioj*on an'd Families trizit pcirsorial pansiwords are, not 30 Ear (j!s'.J0.)Ff-d 0 1, is the pr>hcy of th.- Drpa-aTvcm ni-.0 Faniilj�s tin! Information IS not to tle ul_,jtaijjet;_ 01 gl,,y Ljy.,-,j ut another legftimate 0 or,,4y access cr vievv infarr-rialion or dat,';i 11"ZIt i Wn V-Uth0tiZed, a"Id bU. tneas 4n th-_ COLM-0-- or tr z! i?crtc;r-nancc of aw dutie5. I II z9 ta ill y i[), f .7_1 71 f: () t *1 F1 d e,, I t. t� , , .1tur -_ - C F. -� , I .I.Sitive qjj�jtjcn a c ssed 0 'The "Casual Viewing" of eniplaylee o-- clie-it data, evell dz"-a 1(la" Is ri'01 C0!_11id&ntIaI `)r I -i-c csa ;S 'o t aCCeptati& -in xiii not be tolei-ated, , _ w will Nf_' a t-�, isthe pnficy ct U-12 L"C-partmert r.05 4_,-jjrjijic-s *Jiat data-� basse 'JUE' i b, 1, on a aegulLjr Lasis to identify, i-r4sise 40f -DccesF,- sit'rit A.3n Z` C'13p?��l . IN ST LUCIE COUNTY DRUG SCREENING LAB UA979—ANCILLARY PART II. USE A SEPARATE SHED t OF PAPER: FOR ANY EXPLANATION REOWRING MORE SPACE, 12. Is the Pt09 a:'nHadyitp at &8ibt0 to n0ft-F-01# t spsaktitig deft? if NA or NO, explain. 6 ho 13. Are e€apioyeea, appiitmis and par*4pants ini m-ad of their protection against discrimination? KA"--A NO If YES., hove 0 Va bat to wrlftm ❑ Paster If NA tir NO, explain. 0 'x 13 14 Give the nurnber and currant status of a v discairnO ation c omptaints retard ng se vices or eqWtoyrnent filed a.9ainst the KA NUMBER ptrgaaMi aciify. D —0- 15. is the pirograaadfacifiq+ physically acc risible to mobfiity, head and shirt anm> fired individvaW if NA or tv?, explain. NA '�JA NO PART III. THE FOLLOWING QUESTIONS APPLY TD PROGRAMS AND FACILITIESWITH 15 OR MORE EMPLOYEES. 1 & Has a self -evaluation been conducted to Identify any trarriers to mving handicapped eidividt%ats, and 10 make Barry necessary � �S NE morRicattions? If NO, exptain. LJ 74 ��v4otjzl 17.. ks ar. ess isz prievalice procedure that inicorpo afet dsa pmc eyss L&o tiva resoluScn of coast lai-47 If NO, explain. - NO 1 S. has a person been d ia:ted to coordinate Section 504 compSiance aativi!;es? If NO. eaxaiain. 'R,5 NO 19. Cray recrur`tment anti ttofiflaation arm: gals advise apple^..ae ts, empbsyees and pat icipatds of nor►d=hMirittaart on the basis crf,YEX !"t IE ha�ndiap? IF NO, explain, 1 20. Are aux iary aids avaiable io azure accesasibil of s:rvices Firing and Si¢ht ir=a.ired individuala7 If h0, a L, of NO PART W. FOR PROGRAMS OR FACILITIES VM*H 50 OR MORE- EMPLOYE ES AND FEDERAL CONTRACTS OF $=00 OR MORE 21:Goes the or 7carrrJ`#acilaty have as written afrarmr actin t parograrn? if hl3, eYpl r, 1AErn NO 13 DEPARTMENT OF CHILDREN AND FAMILIES USE ONLY ftea,siwed by In Compiiame., El YES NO PrDpmm a''ace Nonce aF orreo iveTeiemom --I Achon Sent Response Due, O I -Site Desk Review Response Receimt ! CF �a'oAA, !F e]1F d �tnantyon of Caps OW"• w Program OrLPage? at 2 17 ST LUCIE COUNTY DRUG SCREENING LAB C1A979—ANCILLARY EXHIBIT D SIGNATORY AUTHORITY FORM The Service Provider represents that the following persons are authorized to negotiate and sign on its behalf with UFF in connection with this contract. Please list all associated individuals below, or attach additional form, if more room is needed. The SERVICE PROVIDER will be responsible throughout the contract period for submitting in writing, to the UFF Contract Manager via e-mail, any changes to this requested information below. Contract Sianatory Authority(ies): Print Name and Title: Paula A Lewis, ChAi r Invoice Simnatory Authoritv(ies): Print Name and Title: Paula A Lewis, Crhai r Daniel S. McIftvre,CountyAttomey Mark Godwin, Sian Name: Sian Name: STI-11CIE COUNT) DRUC SCREENING LAB LIA979—ANCILLARY EXHIBIT E CHAIN OF CUSTODY FORM SAMPLE Il 1 LI IN iff 1311111 ull 11 I 123 4 3-37 t;to c p I EiypL -r-- By t'aj_ E:: 77' ,R, C41 F%TFki CYCR Rr-TR 7q.F 97-TIVIr F. M RI- Nt-y'.). Anim; V.,+yhe a* d 140 ---- - - ---- �4. tt;t.�cq kit r Dr vp lesn uo ot, Nlrjrirwm.L;. u Be Col-'A.17OR korr ji7sr,-WwAlcvw+w" A �-"n-r _... r. .spt, ��'J%uv C ��An-litxl "IFY 't M,Z. �mc,. Kamm* OEM 2 Cd4w.4uodr,�, 1443v SiE14 =HA114 0- CUa-ODY - INtTIATED SYCQUE�TGR OrM t;"r LUC-! W, LAWIWURY 1 4 )Wt+ W. (.AVtm-'. W.,*Vd' wwr izcs W.4ssw is 4.r sil i�MIIEN po"La.'s I JOE-- LEzkm -, 0 Ir' fzEc---1VF0 AT LAB: Whim 5"fOnac- V. -AEPti.: PRIMARY RMULTS v:tWrLVU) E3Y MMARy Lt.9,:JRA-IoP 141 V5`,1t'T. IM -rrrjr ' �,IALXX= W=, L,L7,-.1JL V.A"r ,-m r. �7_'RETr jTED G A :7 '1 qf-WP. K% 0.6-. in P SPI-17 F -SCI%WN --S' RFS LIL- S JF TES?-D. COVP«-Tfb 4 Y -wv crmjAPV I,ASKKA!0#tV P -AC E , 1234567 K av ='T 1234567 c'r SPECIMEN W nX. SEAL HE MaR 011111111111 12a4567 E, 234567 FLACE" St'ECIM04 8077 LEE CAD SEA- Z;OrY I - i AUG RAT 3 R y 19 ST LUCIE COUNTY DRUG SCREENING LAB UA979—ANCILLARY EXHIBIT F INCIDENT REPORTING FORM Preferably to be completed online by going to: Or email completed form to: www.uff.us/pt-oviders.php UFF - Wi'tUFF.US DCF— Stephanie moss(erdcf.state. tl.us 1. IDENTIFYING INFORMATION Circuit Log #: UFF Log #: Date of incident: Time of incident: [:]AM ❑PM Person reporting incident : Incident Reporter Telephone # : Reporter's Position & Agency: Date the reporter became aware of the incident: Time the reporter became aware of the incident: ❑AM ❑PM Incident Primary Category: If Other specify: Incident Secondary Category (if applicable): If Other specify: Region: Circuit 19 County of Incident: (If out of circuit, please indicate the child's home county:) Abuse Hotline/CSA Report #: I Program Area: If Other, Explain: Full Name of Victim/Person Involved: Victim/Person Type (choose only one): ❑ Child ❑ Adult Victim/Person Group (choose only one): ❑ Client ❑ Employee ❑ Other 11. LOCATION OF INCIDENT Contract SERVICE PROVIDER Name/Foster Home: Location/address o*f incident: Type of Facility: If Other specify: Victim's Primary Residence is Florida? ❑ Yea ❑ No ❑ Don't know Reviewed at UFF By: (removed info) Date Report Received at UFF: Time Report Received at UFF: ❑AM ❑PM II. PARTICIPANT(S) W1TNESS(E$) (IFAPPLIC4BLE) Full Name Birth Date Age Race Gender P/W 111-DESCRIPTION OF INCIDENT Give a detailed account - Who, What, When, Where, Why, How. --- - ----- -- IV. CORRECTIVE ACTION AND FOLLOW UP Immediate Corrective Action: Is follow up action needed? Is a written Safety Plan required? 0 ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY I I I Yes I I No I I Yes 1! No I If yes, please specify: I V. INDIVIDUALS AUTOMATICALLY NOTIFIED 1 To be completed by DCF VI. INDIVIDUALS NOTIFIED Abuse Re ist Health Care Admin Law Enforcement Name: BadgellD# Date: Time: Called: ❑ ❑ ❑ Copied: ❑ I ❑ ❑ Accepted: ❑ Yes ❑ No Parent/Guardian/ Family Member DCM DCM Supervisor Name: Date: Time: Called: ❑ ❑ ❑ Copied: ❑ ❑ ❑ Other: (Please Specify) Other: (Please Specify) Other: (Please Specify) Name: Date: Time: Called: ❑ ❑_ ---- ❑ Copied: ❑ i ❑ ❑ R. DEATH 'REVIEW ;.IWORMATION Date of Death: Time of Death: Place of Death: Suspected Cause of (Death: Classification of Death: Explain: VIII. UF-F Follow -Up (To be completed by UFF) Is follow-up by UFF rcraa6red: ! Yes ❑ No ST LUCIE COUNTY DRUG SCREENING LAB UA979-ANCILLARY ATTACHMENT II The administration of resources awarded by UFF to the SERVICE PROVIDER may be subject to audits as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance v,ith OMB Circular A-133 and Section 215.97, F.S., as revised, UFF may monitor or conduct oversight reviews to evaluate compliance with contract, management and programmatic requirements. Such monitoring or other oversight procedures may include, but not be limited to, on - site visits by UFF staff, limited scope audits as def nee by OIV=B Circular A-133, as revised, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures deemed appropriate by UFF. In the event UFF determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by UFF regarding such audit. AUDITS PART I: FEDERAL REQUIREMENTS This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event the recipient expends $500,000 or more in 1=ederal 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. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from UFF. The determination of amounts of Federal awards expended should be in accordance with guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the above audit requirements, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. The schedule of expenditures should disclose the expenchtures by contract number for each contract with UFF in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due UFF shall be fully disclosed in the audit report package with reference to the specific contract number. PART II: STATE REQUIREMENTS This part is applicable if the recipient is a non -state entity, as defined by Section 215.97(2)(1), Florida Statutes. In the event the recipient expends a total amount of statw financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; appl°cablz rules of the Executive Office of the Governor, the Department of Financial Services and Chapters 10.550 (`oca' governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. In deterrninin+ t:-ie state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from UFF, state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a non -state entity for Federal program matching requirements. In connection with the audit requirements addressed in the preceding paragraph, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7). Finrida Statutes. This includes submission of a financial ST LI CIE COt NTY DRUG SCREENING LAB UA979-.ANCILLARY reporting package as defined by Section 215.97(2)(d), Florida Statutes. and Chapters 10.550 or 10.650, Rules of the Auditor General. The schedule of expenditures should disclose the expenditures by contract number for each contract with UFF in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due UFF shall be fully disclosed in the audit report package with reference to the specific contract number. PART III: FOR -PROFIT RECIPIENTS/SUBRECIPIER'TS Although PART I and PART Il above govern recipients that are a State or local government or a non-profit organization as defined in OMB Circular A-133, the 1-ass-through entity (UFF) is responsible for establishing requirements, as necessary, to ensure compliance by for -profit recipients/subrecipients. Therefore, UFF will require its contracted for -profit recipients/subrecipients who receive $500,000 or more per year in federal or state funds to have one of the following: 0 A single audit in accordance with the requirements of .A-128 or A-133. 0 A program -specific annual independent financial and compliance audit conducted and prepared in accordance with Generally Accepted Government Auditing Standards, applicable laws and regulations; or For profit entities must further comply with PART IV anti V stated below, herein ATTACHMENT II. PART IV: REPORT SUBMISSION Any reports, management letters, or other information requir--d to be submitted to UFF pursuant to this agreement shall be submitted within ('120) calendar days after the end of the SERVICE PROVIDER's fiscal year or within thirty (30) calendar days of the recipient's receipt of the audit report, whichever occurs first, directly to each of the following unless otherwise required by Florida Statutes: United for Families 10570 S. Federal Hwy, Suite 300 Port St. Lucie, Florida 34952 Attn: Contracts Manager SERVICE PROVIDERS, whey. submitting audit repent pacl<ages to UFF for audits done in accordance with OMB Circular A-133 or Chapters 10.450 (local governmental entities) or 10.650 (nonprofit or for -profit organizations), Rules of the Auditor General, should include, when available, correspondence from the auditor indicating the date the audit report package was delivered to them. When such correspondence is not available, the date that the audit report package was delivered by the auditor to the SERVICE PROVIDER must be indicated in correspondence submitted to UFF. PART V: RECORD RETENTION The recipient s' all retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six (6) years from the date the audit report is issued and shall allow UFF or its designee, access to such records upon request. The recipient shall ensure tha. audit working papers are made available UFF or its designee upon request for a period of three (3) years from the da c the audit report is issued, unless extended in writing by UFF. 23 ST LUCIE COUNTY DRUG SCREENING LAB UA979—ANCILLARY ATTACHMENT III CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360 - 20369). INSTRUCTIONS 1. Each provider whose contract/subcontract equals or exceeds $25,000 in federal moneys must sign this certification prior to execution of each contract/subcontract. Additionally, providers who audit federal programs must also sign, regardless of the contract amount. The Department of Children and Families cannot contract with these types of providers if they are debarred or suspended by the federal government. 2. This certification is a material representation of fact upon which reliance is placed when this contract/subcontract is entered into. If it is later determined that the signer knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment. 3. The provider shall provide immediate written notice to the contract manager at any time the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "debarred", "suspended", "ineligible", "person", "principal", and "voluntarily excluded", as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department's contract manager for assistance in obtaining a copy of those regulations. 5. The provider agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract/subcontract unless authorized by the Federal Government. 6. The provider further agrees by submitting this certification that . it will require each subcontractor of this contract/subcontract, whose payment will equal or exceed $25,000 in federal moneys, to submit a signed copy of this certification. 7. The Department of Children and Families may rely upon a certification of a provider that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless it knows that the certification is erroneous. 8. This signed certification must be kept in the contract manager's contract file. Subcontractor's certification must be kept at the provider's business location. CERTIFICATION (1) The prospective provider certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract/subcontract by any federal department or agency. (2) Where the prospective provider is unable to certify to any of the statements in this certification, such prospective provider shall attach an explanation to this certification. A411 44& ?/M Signature .' �'_ f Dafe f a•`V , Name (type or print) Title APPR D AS TO FORM CF 1125, PDF 0912003 #:µ a ¢ +m :t ♦ D N SS r m Y' x' +► -COUNTYA EY � � f ST LUCIE COUNTY DRUG SCREENING LAB UA979—ANCILLARY ATTACHMENT IV CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. P(-ti-.A 1Q, h, f *�') 1 ), S Name of Authorized Individual Name of Address of Org CF 1123, PDF 03196 DatV Application or Contract Number IV AGENDA REQUEST C6U NTY F L O IR I D A ITEM NO. VI-137 DATE: January 5, 2010 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Agreement with Sheriff Regarding Media Relations BACKGROUND: See CA09-1669 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends the Board approve the Agreement with the Sheriff regarding Media Relations. COMMISSION ACTION: CONCURRENCE: [A APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: [ ]Management & Budget: [ ]Purchasing: [ ]Road &Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 09-1669 DATE: January 5, 2010 SUBJECT: Agreement with Sheriff Regarding Media Relations BACKGROUND: In 2004, the Sheriff and the County agreed to a four year agreement where the Sheriff provided $25,000 to County Media Relations toward the purchase of additional equipment, set design and construction at SLCTV studios in exchange for production of "10-8," general production assistance, and promotional and/or public service announcements. The Sheriff and Media Relations staff wish to enter into a new four year agreement where the Sheriff provides $30,000 to Media Relations toward the purchase of additional equipment, use of the SLCTV facilities, airtime for "10-8" and other PSA's and continued general production assistance, as set forth in the letter attached. RECOMMENDATION/CONCLUSION: Staff recommends the Board approve the Agreement with the Sheriff regarding Media Relations. Respectfully submitted, Heather Sperra za Lu Assistant County Att r ey if COUNTY F L 0 R I ,D A December 18, 2009 Sheriff Ken Mascara St. Lucie County Sheriff's Office 4700 W. Midway Rd. Ft. Pierce, FL 34981 Dear Sheriff Mascara: COUNTY ADMINISTRATION This letter will serve to confirm recent discussions with Chief Deputy Wilson regarding SLCTV. As discussed, St. Lucie County Office of Media Relations will provide airtime on SLCTV for the St. Lucie County Sheriff's Office (SLCSO) monthly "10-8" show as well as public safety PSAs. Additionally, SLCTV will commit to the Sheriff's Office use of SLCTV studio facilities when available and only under supervision of the Office of Media Relations. In return, the SLCSO will provide $30,000 to the St. Lucie County Office of Media Relations to purchase additional equipment at the new SLCTV studios located at 2300 Virginia Ave. in Fort Pierce. SLCTV will continue to support SLCSO staff in their endeavors to produce high -quality programming upon requests. This agreement shall be in effect for a period of (4) four years. We look forward to working with the St. Lucie County Sheriff's Office on these projects. Sincerely, Faye W. Outlaw, MPA County Administrator Cc: Lee Ann Lowery, Assistant County Administrator Shane De Witt, Technical Operations Manager, SLCTV Erick Gill, Public Information Officer AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI- 8.8 Date: January 5, 2010 Regular [ ] Public Hearing [ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Madison Vines, L.L.C. - Donation Agreement for Transit Shelter and Related Infrastructure BACKGROUND: See C.A. No. 09-1688 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed agreement with Madison Vines, L.L.C., and authorize the Chairman to sign the agreement. COMMISSION ACTION: [�c] APPROVED (] DENIED [ ] OTHER: Approved 5-0 County Attorney: e Daniel 5. McIntyre Originating Dept.: Beth Ryder Finance (Check for Copy only, if applicable): CONCURRENCE: Coordination/Signatures Mgt. & Budget: Marie Gouin Other: Faye W. Oultaw, M.P.A. County Administrator Purchasing: Other : INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1688 DATE: December 22, 2009 SUBJECT: Madison Vines, LLC - Donation Agreement for Community Transit Shelter and Related Infrastructure BACKGROUND: Attached to this memorandum is a copy of a proposed agreement between the Madison Vines, L.L.C., the City of Fort Pierce, and St. Lucie County. Madison Vines, L.L.C. has received site plan approval from the City of Fort Pierce to develop a 92 unit affordable housing complex for residents fifty-five (55) years and older. In consideration of the transit needs of the residents, the City is requiring the developer to make a fifteen thousand and 00/100 dollars ($15,000.00) payment to the County for the purchase and installation of a transit shelter and related infrastructure on Oleander Boulevard, a/k/a Oleander Avenue. If the shelter is not constructed within two years, the payment will be forwarded to the City for transit related improvements or facilities in the surrounding area as approved by the Community Services Department. RECOMMENDATION/CONCLUSION : Staff recommends the Board of County Commissioners approve the proposed agreement with Madison Vines, L.L.C., and authorize the Chairman to sign the agreement. Respectfully submitted, 11- 4d— Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Community Services Director Growth Management Director Finance Director Management and Budget Director N AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA AND MADISON VINES, LLC, FOR COMMUNITY TRANSIT SHELTER AND RELATED INFRASTRUCTURE This AGREEMENT is made and entered into as of this day of 20_, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "St. Lucie County" and MADISON VINES, LLC, a Florida limited liability company, hereinafter referred to as "Madison Vines, LLC." WITNESSETH WHEREAS, "Madison Vines, LLC" is the contract purchaser of certain real property owned by Eduardo Leal located along on the south side of Tumblin Kling and east of Oleander Avenue a portion of which has been identified by "St. Lucie County" as being needed for the future widening of Oleander Avenue; and, WHEREAS, on February 2, 2009, "Madison Vines, LLC" received approval of Site Plan from the Fort Piece City Commissioners to construct a 92 unit affordable housing complex for residents over 55 years old at 4202 Oleander Avenue which parcel is described in Exhibit "A," (the address was subsequently changed to 955 Tumblin Kling Road); and, WHEREAS, Condition Number 6 of the Approval by the Fort Pierce City Commissioners pursuant to the City's inter -cooperation agreement with "St. Lucie County," requires "Payment of $15,000 to St. Lucie County for the purchase and installation of a community transit shelter and related infrastructure to be built on Oleander Boulevard within two (2) years, and if not constructed within two (2) years from the date hereof, the payment of $15,000 goes to the City of Fort Pierce"; and, WHEREAS, Oleander Boulevard is known as Oleander Avenue on the maps of the St. Lucie County Tax Assessor and is one and the same roadway which is the subject of this Agreement; and, WHEREAS, "Madison Vines, LLC" and "St. Lucie County" are desirous to satisfy the requirement that if the required purchase and installation of a community transit shelter and related infrastructure ("the Facility") is not installed within two (2) years from the date hereof that "St. Lucie County" will abide by the condition that the payment of $15,000 goes to the City of Fort Pierce with the condition that the City of Fort Pierce use these funds only for transit related improvements or facilities in the surrounding area as approved by the Community Services Dept.; and, Agreement — Community Transit Page 1 I. j NOW, THEREFORE, in consideration of the mutual covenants entered into, to be made and performed, and in consideration of the benefits to accrue to agreed as follows: Section 1 Incorporation by Reference. The above recitals are true and correct and made a part of this Agreement by reference. Section 2 Amount and Timing of Payment. "Madison Vines, LLC" agrees to pay "St. Lucie County" $15,000 for the purchase and installation of a community transit shelter and related infrastructure to be built on Oleander Avenue within two (2) years. The payment shall be made prior to the issuance of building permits by the City of Fort Pierce. Section 3 Community Transit Shelter to be Built. "St. Lucie County" agrees to purchase and install a community transit shelter and related infrastructure on Oleander Avenue within two (2) years from the date hereof. It shall be between "St. Lucie County" and the City of Fort Pierce to determine what satisfies this condition. Section 4 Contingent Payment to the City of Fort Pierce. In the event that "St. Lucie County" does not purchase and install a community transit shelter and related infrastructure on Oleander Avenue within two (2) years "St. Lucie County" agrees to pay the $15,000 to the City of Fort Pierce with the condition that the City of Fort Pierce use these funds only for transit related improvements or facilities in the surrounding area as approved by the St. Lucie County Community Services Dept. Section 5 Notices. Any notices hereunder shall be delivered to the following: County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 With copy to: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 Agreement — Community Transit City Manager 100N.US1 Fort Pierce, FL 34954 City Attorney 100N.US1 Fort Pierce, FL 34954 Page 2 R Section 6 Recordability of Agreement. This Agreement shall be recorded by "St. Lucie County" in the public records of St. Lucie County, and shall be binding upon "Madison Vines, LLC" and any successors in interest and title to the property described in Section 3 above. Section 7 Termination of Agreement. This Agreement shall be effective until the improvements described in Section 3 have been installed or the funds described in Section 4 have been paid to the City of Fort Pierce at which time this agreement shall terminate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officials as of the day and year first above written. Signed, sealed and delivered in the presence of: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN Approved as to Form and Correctness: COUNTY ATTORNEY [signatures continue on next page] Agreement — Community Transit Page 3 Madison Vines, LLC, A Florida Limited Liability Company By: Madison Vines Apartments, LLC, A Florida Limited Liability Company, its Managing Member By: Todd L. Borck, Manager WITNESS: Print Name: ACKNOWLEDGEMENT STATE OF FLORIDA ) ) ss COUNTY OF ORANGE ) The foregoing instrument was acknowledged before me this day of , 2009, by Manager of Madison Vines Apartments, LLC, Managing Member of Madison Vines, LLC, a Florida limited liability company, who is personally known to me, or who has produced as identification and who did/ not take an oath. Notary Seal Agreement — Community Transit Notary Public, State of Florida Print Name: My Commission Expires: Page 4 EXHIBIT "A" Legal Description The Northwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 35 South, Range 40 East, St. Lucie County, Florida, less the North 40 feet and less the West 65 feet thereof. Parcel ID Number: 2434-332-0002-000-3 Agreement — Community Transit Page 5 T N�A REQUEST AGE ITEM 11'y�10 DATE: ( 1 REGULAR ,U",3c N LEG. ,�D ( 1 avps (xl CONSENT Pt�EN P.E• MMISSIONERS Michael Er 9 peer M`jP BOARD OF COUNTY COCounty Public W OrkslEn9jnee0n9 Division regiment onal Acceptance -Maintenance 9 ITTED BY : I COnd6 SUBM Mainline Supply SUBS orandum• BACKGROUND. See attached mem AV AILAB NIA FUNDS LE. he public improvements and t e S ACTION; NIA he conditional acceptance °� t pREVIOU roval °eeme O Board app E' ENDA-DON' CONCVA RE OIiIIM Maintenance A9 COMMISSION ACTION v MPA DENIED Faye W , Out1 APPROVED County Admi�►strator C OTHER Approved 5-0 Coordin McIntyre ationlS' natures (x) q Finance + county Attorney D x) aniel Engineer (x) M County k t (x) Don Id W est Originating pep ' r Mainline SupPb conditional acceP�nce.a9 FROM: DATE: SUBJECT: ITEM NO. Back r ound: Board of Coun Donald West, ty Commissioners Public Works Di,. Engineering Division "ORANOUM Michael P ctor� W °wley, County Engineer yW r January 5, 2010 p Mainline Supply Conditional Acceptance Maintenance q greement This project is northwest within the limits was r side required to f Glade R the City e s Cut- � of Port St. construct off_ Road. Mainline Lucie and is to Way. Pursuant to site Real sated letter of credit in o he terms of -Site improvements LLn developer east of (- amount Roadw ments within the Per of Mainline Su 5 °n the The developer as sa °f $499,808.69 y Improvement Agreement he cut - of Supply Co., per h Road right-of- request- equest- t►sfactoril de provided a s g conditional y Completed the r �m�tted suPportin acceptance. road improvement d is conditional 9 documentation Staff has ped the nts on Glades (Attachment of the (Attachment m CutOff - Supporting B constructed i ment q the eats and eR eWednt e and sure ) Staff r Previous surety in the amount of $65 1 2.44 and acce s the Board a the us Action; o 92•44 for accept the Maintenanceapprove the November 25, 200 _ a Period of one year andays. Agreement August 18 2009 - goa d approval approved the Road Improvement Agreement Recommendation: release of surety ment. tY in the amount of $423,866 25 90ard approval of th i greement. a conditional acceptance of the public improvements and the Maintenance It ATTACHMENT A 456 N.W. Prime Mete 9vd. - Port 8t. Dude, FL 34983 UM 340-4990 - FeDcVM 340.7EW Bret December 7, 2009 Craig Hauschild St. Lucie County Engineering Department 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Mainline Supply Co. Parcel 1, LTC Ranch PUD #1 Right -of -Way Permit No. 07-190 St. Lucie County Roadway Agreement for Offsite Improvements Final Certification and Construction Closeout Dear Mr. Hauschild: This letter is to certify that all proposed construction associated with the Glades Cutoff Road improvements have been completed in accordance with the St. Lucie County Land Development Code and the latest editions to the Florida Department of Transportation (FDOT) Design Standards and the FDOT Standard Specifications for Road and Bridge Construction. There were three minor deviations from the approved plans that have been indicated on the record drawings. The deviations include the slight meander of the sidewalk around three utility poles, two locations where the slope of the roadway embankment is slightly steeper than 6:1, and the preservation of a St. Lucie County control monument in the edge of the newly paved shoulder in the northbound travel direction. These deviations are very minor in nature and we do not feel they will prejpnt any functional or structural problems. Aseph T. Friscia, P.-E. cc: File 6-1004sle.doc A. Fennell (w/o att) R. White (w/o att) i SW Rwe - WSW & W88UW8tW SYOWn Deem - or�EKV W ATTACHMENT B MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into this day of , by and between MAINLINE REALTY, LLC (the "Developer") and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County"). WITNESSETH: WHEREAS, the Developer intends to construct Roadway Improvements to Glade Cut -Off Road for Mainline Supply Compam (the "Improvements") and convey ownership and maintenance responsibility to the County; and WHEREAS, as a condition for the acceptance of the Improvements by the County, the Developer has agreed to post security in a form acceptable to the County Attorney in the amount of fifteen percent (15%) of the approved cost of the Improvements for a period of at least one (1) year and thirty (30) days from the date of conditional acceptance of the Improvements by the County. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. SECURITY. The Developer agrees to provide the County with security in a form acceptable to the County Attorney, in the amount of sixty-five thousand one hundred ninety-two and 44/100 dollars ($65,192.44), representing fifteen percent (15%) of the cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer and as are more particularly set forth on those certain plans for construction improvements drawn by the Developer's engineers, Friscia Engineering dated May 14, 2008. This amount shall be retained for a period of one (1) year and thirty (30) days from the date of conditional acceptance as described below to provide for maintenance of the Improvements to be dedicated to the public and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 2. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 3. CONDITIONAL ACCEPTANCE. Upon completion of the construction of the Improvements, the Developer's engineer shall certify that the Improvements have been constructed in accordance with applicable County requirements. When the Improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all required improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie county Board of County Commissioners and recommend that the Improvements be conditionally accepted. C:\DOCUMENTS AND SETTIN65\AFENNEL.MAINLINESUPPLY\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKMMAINTENANCE AGREEMENTREV071008.00C Page 1 4. RELEASE OF SECURITY. One year from the date the Improvements are conditionally accepted by the Board of County Commissioners, the Developer shall contact the County Engineer for a joint inspection with the Developer's Engineer. If deficiencies appear, the Developer shall correct all deficiencies in accordance with requirements established by the County Engineer, except those damages that are not a result of design or construction deficiencies. If the required corrective action cwmt be completed by the one year and 30 day expiration date, the County Engineer will establish a completion date and so notice the Developer that the required security will not be released until all corrective actions have been completed and approved by the County. When all corrections have been made, the County Engineer shall so inform the Board. The Board of County Commissioners shall then act on release of remaining development security, and final acceptance of the Improvements. 5. FORFEITURE OF SECURITY. If the Developer fails to satisfactorily correct all deficiencies as directed by the County Engineer, the County shall, upon notice to the Developer, use the security to correct the deficiencies. If the cost, including the cost of staff time, to correct the deficiencies is less than the amount of the security, the County shall refund the balance of thesecurity to the Developer. If the cost to correct the deficiencies is greater than the amount of the security, the Developer shall pay the overage amount to the County within thirty days from receipt of an invoice from the County. After the thirty -day period, interest shall accrue at the maximum rate allowed by law. 6. NOTICE. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As to County: St, Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 As to The Developer: Mainline Realty, LLC 7025 Northwinds Drive NW Concord, NC 28027 Phone: 704.788.9800 Facsimile: 704.788.9896 With a Copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. C:\DOCUMENTS AND SETTINGS\AFENNEL.MAINLINESUPPLALOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKHWAINTEWNCE AGREEMENTREV071008.00C 2 a� 7. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. In the event that mediation is unsuccessful, either party may bring an action to enforce its rights in a Florida court of appropriate venue and jurisdiction. 8. INTERPRETATION: VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the day and year first written. WITNESSES: MAINLINE REALTY, LLC BY: 116to, 6t.46O PRINT: aN a !. • �'G N a TITLE: C PC ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CADOCUMENTS AND SETTINGS\AFENNEL.MAINLINESUPPLALOCAL SETTINGS\TEMPORARY INTERNET FILES\OUMMAINTENANCE AGRffMENTREV07100B.DOC Page 3 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division ITEM NO. VI-C2 DATE: 1 /5/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) PRESENTED BY: Michael Powley, P.E. MV County Engineer Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) Amendment Number Three - ANS-69 Repairs to Damaged County Roads Caused by Hurricane Jeanne See attached memorandum. 101002-4112 - Transportation Trust - Constitutional Gas Tax 101003-4113 - Transportation Trust - Local Optional Gas Tax PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Amendment Number Three to the JPA with the FDOT for ANS-69 Repairs to Damaged County Roads Caused by Hurricane Jeanne, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Signatures G Faye W. Outlaw, MPA County Administrator County Attorney (x) OMB Director ) Budget Analyst Daniel McIntyre Marie Gouin Originating Dept. (x) D aid West ANS69.ag County Engineer (x) ��I- g�;*7 Michael Powley Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Directo FROM: DATE: SUBJECT: ITEM NO. Background: Michael Powley, County Engineer January 5, 2010 FDOT JPA Amendment Number Three — ANS-69 Repairs to Damaged County Roads Caused by Hurricane Jeanne VI-C2 Engineering Division staff, assisted by our consultant Dunkelberger Engineering & Testing and contractors, have been discussing with FDOT the reimbursement to the County for Hurricane Jeanne repairs to Indian River Drive for more than four years. We are, at last, preparing to conclude these discussions. FDOT is supporting the County's request for additional compensation beyond the current threshold specified in our current JPA. Amendment Number Three increases the potential amount by $892,936.39 for a total of $32,949,797.47. Upon execution of the attached amendment (Amendment A), FDOT will then speak on our behalf to obtain approval from the Federal Highway Administration (FHWA). To date, we have received approximately $31.9 million in reimbursement from FHWA. Additional funding will go the General Fund (001) to reimburse the County for expenses that were funded using the County's emergency reserves. The amendment also provides for an extension of time through June 1, 2010. Previous Action: November 11, 2004 — Board approved a JPA with FDOT for Repairs to County Roads Damaged by Hurricane Jeanne. December 13, 2005 — Board approved the First Amendment to the JPA with FDOT. January 17, 2006 — Board approved Resolution No. 06-027 and the Second Amendment to the JPA with FDOT. September 9, 2008 — Board approved the JPA Administrative Change. Recommendation: Board approval of Amendment Number Three to the JPA with the FDOT for ANS-69 Repairs to Damaged County Roads Caused by Hurricane Jeanne, and authorization for the Chairman to sign documents as approved by the County Attorney. Contract No.: ANS-69 FM No: 417432-1-78-01 Vendor No: VF 596-000-835 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND ST. LUCIE COUNTY JOINT PARTICIPATION AGREEMENT AMENDMENT NUMBER THREE This Amendment, made and entered into this day of 200_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and ST. LUCIE COUNTY, located at 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter called the COUNTY. WITNESSETH WHEREAS, on November 4.2004, the parties entered into a Joint Participation Agreement, hereinafter referred to as the AGREEMENT, wherein the COUNTY agreed to provide certain repairs to the Federal Highway Administration (FHWA) functionally classified county road(s) damaged by Hurricane Jeanne within St. Lucie County, Florida for FM# 41732-1-78-01 and hereinafter referred to as the PROJECT; and WHEREAS, the parties amended the AGREEMENT on December 20, 2005 (AMENDMENT NUMBER ONE) and February 21, 2006 (AMENDMENT NUMBER TWO); and WHEREAS, the parties hereto further desire to amend the Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to further amend that certain Joint Participation Agreement dated November 4, 2004, as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT agrees to pay the COUNTY, for additional services needed to complete certain repairs to COUNTY roads in St. Lucie County, an additional amount of Eight Hundred Ninety Two Thousand Nine Hundred Thirty Six Dollars and Thirty Nine Cents ($892,936.39) which will make the total compensation to the COUNTY Thirty Two Million Nine Hundred Forty Nine Thousand Seven Hundred Ninety Seven Dollars and Forty Seven Cents ($32,949,797.47) for all services required under the Agreement and subsequent Amendments. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 3. This Amendment shall serve to clarify that portion of paragraph 6 of the Agreement that states: If the project is not completed on or before March 24, 2005, the PARTICIPANT will be reimbursed for only 80% of the total cost billed to the Department after March 24, 2005. It was and is the intention of the parties that any work for the Project shall be reimbursed as follows: a) Any work performed prior to and completed by March 24, 2005 shall be reimbursed at 1001/6 of the cost eligible under the FHWA emergency relief program. b) Any work performed after March 24, 2005 shall be reimbursed at 80% of the cost eligible under the FHWA emergency relief program. Page 1 of 2 c) For any work started prior to March 24, 2005 but completed after March 24, 2005: such work performed prior to March 24, 2005 shall be reimbursed at 100% of the cost eligible under the FHWA emergency relief program and such continuing work performed after March 24, 2005 shall be reimbursed at 80% of the cost eligible under the FHWA emergency relief program. 4. Paragraph 8 of the Agreement is amended to read as follows: This Agreement shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the PROJECT is completed as evidenced by the written acceptance of the DEPARTMENT or June 1, 2010, whichever occurs first. All provisions, covenants, terms and conditions of the AGREEMENT between the parties theretofore entered into on November 4. 2004 and amended on December 20, 2005 and February 21, 2006, respectively, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. IN WITNESS WHEREOF, this AMENDMENT to be executed by the parties below for the purposes specified herein. Authorization has been give to enter into and execute this Amendment by Resolution No. , hereto attached. ST. LUCIE COUNTY, by and through Its Board of County Commissioners AN NAME: TITLE: day of ATTEST: COUNTY CLERK (SEAL) APPROVED: BY: COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION L" MICHAEL BIENVENU, PhD, P.E. DIRECTOR OF TRANSPORTATION OPERATIONS LEGAL REVIEW: BY: OFFICE OF THE GENERAL COUNSEL APPROVED: BY: PROFESSIONAL SERVICES ADMINISTRATOR Page 2of2 TO: SUBMITTED BY: SUBJECT: BACKGROUND: ITEM NO. VI-C3 DATE: 01/05/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY• Barbara Guettler Public Works - Engineering MSBU Assistant Lennard Road 1, 2, and 3 Municipal Service Benefit Units (MSBUs) See attached memorandum. FUNDS AVAILABLE: Lennard Road 1 MSBU 396-4115-549000-4502 Advertising Lennard Road 2 MSBU 397-4115-549000-38003 Advertising Lennard Road 3 MSBU 398-4115-549000-38004 Advertising PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization to advertise public hearings for the Lennard Road MSBUs to be held on February 2, 2010, as outlined in the agenda memorandum. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Signatures CONCURRENCE: i Faye W. Outlaw, MPA County Administrator County Attorney ( ) OMB Director ( ) t2- Budget Analyst Daniel McIntyre Marie Gouin Originating Dept. ( ) County Engineer ( ) -Aff Don d West Michael Powley Department Name MEMORANDUM TO: Board of County Commissioners �Vr1- THROUGH: Donald B. West, Public Works Director FROM: Barbara Guettler, MSBU Assistant blbk Engineering DATE: January 5, 2010 SUBJECT: Lennard Road Municipal Service Benefit Units (MSBUs) — Public Hearings ITEM NO. VI-C3 Backaround: Since 1980, the proposed Lennard Road corridor has been identified in future transportation plans as an alternate north -south route to U.S. Hwy 1. Construction plans for the road were divided into phases. Phase 1 was constructed by the City of Port St. Lucie and extends from Mariposa Boulevard north to Walton Road. Phase 2 is intended to extend the roadway from Walton Rd north to U.S. Hwy 1 between Kitterman Road and Easy Street. The Board of County Commissioners (the Board) has agreed to postpone construction of the federal Lennard Road project for at least ten years. In 1995, several property owners petitioned St. Lucie County to investigate the feasibility of creating an MSBU to fund the cost of providing paving and drainage, potable water, and wastewater improvements to an area along Phase 2 of the Lennard Road corridor between Kitterman Road and Silver Oak Drive. In 1997, after holding two informal meetings with property owners, it was determined that not all properties would derive a special benefit from all three improvements. Therefore, new petitions were collected representing Lennard Road 1 MSBU for paving and drainage, Lennard Road 2 MSBU for potable water, and Lennard Road 3 MSBU for wastewater. In 1998, public hearings were held to consider the creation of the MSBUs. However, after hearing from concerned property owners, the Board directed staff to work with property owners to revise the plans in order to make the project more acceptable. On June 6, 2000 the Board created the Lennard Road MSBUs and authorized the County Engineer to proceed with the final design, permitting and bidding of the projects. The majority of the property owners within the MSBUs are developers. Therefore, as a condition of creating the MSBUs two developers agreed to pay the assessments for each single family dwelling unit assessed to each of the 13 properties which were intended to be single family residences. Since the MSBUs were created, portions of the improvements have been constructed by developers without an agreement for reimbursement through the MSBUs. For this reason, the boundaries of benefitting properties have been reduced. _f January 5, 2010 Item No. VI-C3 Page 2 The design is complete and all necessary permits and right of way have been obtained. The projects have been publicly bid. Construction bids were opened on October 27, 2009 and an informal meeting was held with property owners on December 17, 2009. The next step in the MSBU process is to hold an advertised public hearing for the Board to consider levying assessments on the properties within the MSBUs to fund the cost of providing paving and drainage, potable water, and wastewater improvements to the properties within each of the respective MSBU boundaries. Previous Action: June 6, 2000 - Board created the Lennard Road 1, 2, and 3 MSBUs. May 5, 2009 - Board authorized the issuance of bonds for the Lennard Road MSBU improvements. Recommendation: Board authorization to advertise public hearings for the Lennard Road 1, 2, and 3 MSBUs to be held on February 2, 2010, as outlined in this agenda memorandum. ITEM NO. VI—D TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Community Services/Social Services Division 01/05/10 PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) PRESENTED BY - Stefanie Myers JVT-- Assistant Director Modification to the agreement with St. Lucie Inspired Network to Achieve Community Together (INTACT) See attached memorandum. 001436-6420-334695-600 INTACT PREVIOUS ACTION: October 10, 2006 —Approved agreement with INTACT October 14, 2008 — Approved amendment to extend contract RECOMMENDATION: Board approval of amendment extending the term of the agreement to September 30, 2010; approval of Budget Resolution 10-012; and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: V4 APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) '),Vs to oTn Budget Analyst Daniel S. McIntyre Originating Dept. ( ) Beth Ryder WCMarie Gouin Sophia Holt COUNTY F L 0 R I D A Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director 6FL11- FROM: Stefanie Myers, Assistant Director DATE: January 5, 2010 SUBJECT: Modification to the agreement with St. Lucie Inspired Network to Achieve Community Together (INTACT) ITEM NO. VI — D1 Backaround• INTACT has assisted homeowners with unmet disaster recovery needs from hurricanes Frances, Jeanne, Wilma, and Tropical Storm Fay, as well as provided mitigation retrofits to more than 450 residents. There is an ongoing list of residents who have damage from Tropical Storm Fay and the need for St. Lucie INTACT long term recovery assistance continues to exist. Grant funds have been made available through the Volunteer Florida Foundation for INTACT to assist those who have unmet needs. INTACT would like to extend the contract (C08-10-454) with St. Lucie County for the provision of Program and case management services. The contract will be for $135,000 and will continue through September 30, 2010. Recommendation Board approval of amendment extending the term of the agreement to September 30, 2010; approval of Budget Resolution 10-012; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachments: Second Amendment Budget Resolution 10-012 SECOND AMENDMENT TO OCTOBER 10, 2006 A Between GREEMENT St. Lucie INTACT "Inspired Network To Achieve St. Lucie County's Long -Term Recovery Together" ry Committee and the Board of County Commissioners St. Lucie County, Florida This Second Amendment is made and entered into this _ 2009, by and between St. Lucie INTACT, hereinafter referred . County Commissioners, St. Lucie County, Florida, hereinafter day of to as tINTACT', and the Board of WHEREAS, on October 10, 2006, INTACT an referred to as the "County". Provide a long term response for County residents vulnerable to the effects of natural disaster; and, Agree WHEo extend n Oterobe 14 2008, the parties entered into a First Amendment to the through and including September 30, 2009; and, WHEREAS, the parties desire to further amend the Agreement September R AS and to provide for INTACT to a five thousand and 1,0 and dollars (e for 100.00) for services rendered t ent io extend the term until pay the County additional one hundred thirty- five pursuant to the Agreement. NOW THEREFORE in consideration of the mutual promise contained herein the parties agree to amend the Agreement as follows: follows: 1 • Article IV, Consideration, Limitation, and Payment, sha ll be amended to read as CONSIDERATIONARTICLE IV , LIMITATION, AND PAYMENT INTACT agrees to a dollars pay the County a total fee of two hundred seventy thousand and 0 ($270 000.00) during the term of the Agreement. The fee shall payments at least once per quarter during the term of the Agreement. 0/100 Provide necessary fiscal documentation as requested to ens be paid in multiple from the original rancor. ss The County will County shall return all funds not l expended or en ensure successful reimbursement either party choose to terminate this Agreement, the within sixty (60) days following termination. cumbered as of the date of termination The initiation and continuation of this Agreement will be Conti and access to funds by INTACT. The Agreement may be cancelled by INTACT upon seven unavailable. In such circumstances, the County shall reimburse INTACT for all funds paid to the County pursuant to the Agreement which have not been expended or encumbered as of the effective date of termination. 2. Except as amended herein all other terms and conditions of the Agreement, as Previously amended, shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto respectively set their hands an date(s) shown below and submit that they have the legal authority to commit the d seals on the he parties to this First Attest: Deputy Clerk Witnesses: S Aattylagreementll NTACT.2a. doc Board of County Commissioners St. Lucie County, Florida By: Chairman Date: Approved as to Form and Correctness: County Attorney St. Lucie INTACT: By: Chairman Date: 2 ITEM NO. VI- E_ 3_. DATE: 01 /05/2010 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lewis SUBMITTED BY: Airport Airport Director SUBJECT: Runway 10R/28L Rehabilitation BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140137-4220-563005-48015 nfrastructure-Cons Eng 140365-4220 563005-48015 lInfrastructure-Cons Eng PREVIOUS ACTION: September 22, 2009 — Board approved PBS&J Work Authorization No. 7 RECOMMENDATION: Board approval of the First Amendment to PBS&J Work Authorization No. 7 for Resident Project Representative Services for the Runway 10R/28L Rehabilitation for a lump sum of $1,650 and no additional time; and authorization for the Chairman to sign the document as approved by the County Attorney. COMMISSION ACTION: (y) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) Purchasing ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director — o J-� Budget Analyst Daniel McIntyre Heather Young Melissa Simberlund ERD ( ) Marie Gouin Patty Marston (Name) COUNTY F L 0 R I D A J TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Director DATE: January 5, 2010 SUBJECT: Runway 10R/28L Rehabilitation ITEM NO. VI-C Background: AIRPORT MEMORANDUM This request is for the Board to approve the First Amendment to PBS&J Work Authorization (WA) No. 7 to provide additional Resident Project Representative (RPR) services for the Runway 10R/28L Rehabilitation project at the airport. This request is submitted after the fact. PBS&J provided the additional RPR services at their own risk due to the critical need to reopen the runway. The project commenced on October 30, 2009 with a 22-day completion deadline. In order to keep the project on track, a three-day construction schedule modification was needed. Because the current RPR could not work the continuous 24-hour periods for this modified schedule, 30 hours of a second RPR were required so that the modified night time pavement work with the following daytime painting activities could be completed. The Board previously approved WA No. 7 on September 22, 2009 for the RPR services needed for the lump sum amount of $35,810. This amendment is for an additional $1,650, bringing the total for RPR services to $37,460 with no additional time added to the project. The Federal Aviation Administration and Florida Department of Transportation grants received for this project will cover 97.5% of this cost, with the local match (2.5%) being previously budgeted. Recommendation Board approval of the First Amendment to PBS&J Work Authorization No. 7 for Resident Project Representative Services for the Runway 10R/28L Rehabilitation for a lump sum of $1,650 and no additional time; and authorization for the Chairman to sign the document as approved by the County Attorney. FIRST AMENDMENT TO WORK AUTHORIZATION NO. 07 CONTRACT C07-04-267 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 PBS&J, hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on April 3, 2007, the County entered into a Consulting Agreement (Contract No. C07-04-267) 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, WHEREAS, the parties desire to amend the work authorization to include additional scope of services and compensation. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below: St. Lucie County International Airport — Construction Phase Services for Rehabilitation of Runway 1OR-28L (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-04-267). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Attachment "A" and according to the schedule which is attached hereto and made a part of this work authorization and incorporated herein. Page 1 of 2 3. COMPENSATION: The lump sum fee to perform all additional services as described in the attached Scope of Services shall not exceed an additional total amount of one thousand six hundred fifty and 00/100 dollars ($1,650.00), as further detailed in Attachment "C". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in original work authorization and the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work as further described in the original work authorization. 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 in multiple copies, each of which shall be considered an original on the following dates. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY PBS&J f✓ Print Name: f.;'. �! ,°r� ��. cC_,:�>✓ Page 2 of 2 SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT REHABILITATION OF RFNWAY 10R/28L ATTACHMENT A SCOPE OF WORK — ADDENDUM 1 CONSTRUCTION PHASE SERVICES FOR REHABILITATION OF RUNWAY IOR-28L AT ST. LUCIE COUNTY INTERNATIONAL AIRPORT FT. PIERCE, FLORIDA December 2009 The lump sum fees to be paid the Consultant under this contract (Attachment C) are based upon the Scope of Work detailed herein and the list of Basic Assumptions stipulated in Attachment B. I. BACKGROUND INFORMATION Runway 1 OR-28L is the primary runway at St. Lucie County International Airport. The runway is 6,492 ft. long and 150 ft. wide with 200 ft. blast pads at each end. It has medium intensity edge lights and a CAT I ILS/DME approach to Runway 1 OR. The runway pavement is showing signs of distress related to environmental causes such as sun and weather exposure, water penetration, and temperature fluctuations. To extend the useful and economic life of this pavement, the runway will be resurfaced in a mill and overlay process. II. GENERAL DESCRIPTION OF PROJECT SCOPE The original scope of work included resident project inspection services for the runway rehabilitation and project coordination with St. Lucie County International Airport staff and DMJM Aviation (Engineer of Record). The amount of time associated with this scope was 4 weeks for one RPR inspector, which included periods of night work and non-standard working hours. Addendum 1 includes the services of an additional resident project representative for two nights of work (non-standard working hours). These services will be provided by Ardaman & Associates under a subcontract with PBS&J. The costs will be a direct pass through with no mark-up. III. WORK TASKS To develop the scope definition and associated consultant fee, the work has been divided into various tasks. This section presents the specific tasks to be undertaken in this Scope of Work for the Page 1 of 4 SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT REHABILITATION OF RUNWAY 10R/28L resident project inspection for the rehabilitation of Runway IOR-28L. The assumptions and conditions for the work efforts are outlined in Attachment B, Basic Assumptions. 1. Project Management and Coordination No additional effort. 2. Resident Project Representative Duties and Responsibilities of the additional RPR shall include: Liaison: Serve as the Owner's liaison with Contractor, working principally through Contractor's superintendent and assist Engineer in serving as the Owner's liaison with Contractor when Contractor's operations affect Owner's on -site operations. Assist in obtaining from the Owner additional details or information, when required for proper execution of work. Review of Work Rejection of Defective Work, Inspections and Tests: Conduct on -site observations of the work in progress to assist in determining if the work is in general proceeding in accordance with the Contract Documents. Report to the Owner whenever Resident Project Representative believes that any work is unsatisfactory, faulty or defective or does not meet the requirements of any inspections, test or approval required to be made and advise the Owner of work that Resident Project Representative believes should be corrected or rejected or should be uncovered for observation or required special testing inspection or approval. Verify that tests, equipment and systems start-ups and operating maintenance training are conducted in the presence of appropriate personnel and that Contractor maintains adequate records thereof, and observe, record and report to the Owner appropriate details relative to the test procedures and start-ups. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of the inspections and report to the Owner. Interpretation of Contract Documents: Report to the Owner when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by the Owner. Modifications: Consider and evaluate Contractor's suggestions for modifications in drawings or specifications and report with Resident Project Representative's recommendations to the Owner. Transmit to Contractor decisions as issued by the Engineer and approved by the Owner. END OF ATTACHMENT A Page 2 of 4 SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT REHABILITATION OF RUNWAY I0R'28L ATTACHMENT "B" BASIC ASSUMPTIONS The following is a list of assumptions which forms the basis of the cost proposal included herein as "Attached C" for providing the design services detailed in the PBS&J Scope of Work for this project. It must be noted that any change to these basic assumptions constitutes a change in the project scope and may constitute the necessity of a revision to the cost proposal. The fees for the provision of a second Resident Project Representative (RPR) are based on a construction duration of two (2) nights (non-standard working hours). In the event the scope of the project (described in Attachment A) changes, the Consultant shall be entitled to additional compensation and the terms of this agreement shall be re -negotiated and amended as needed. Consultant shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures or for the safety precautions and programs in connection with the project construction, for the acts or omissions of the contractor, subcontractors, any of their agents or the subcontractor's employees, or any other person performing any of the work or for the failure of such persons to carry out the work in accordance with the contract documents. Limitation of Authority of the Resident Project Representative: • Shall not authorize any deviation from the construction Contract Documents or substitution of materials or equipment. • Shall not exceed limitations of Owner or Engineer as set forth in the construction Contract Documents. • Shall not undertake any of the responsibilities of the Contractors, subcontractors or Contractor's superintendents. • Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the construction Contract Documents. • Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. • Shall not accept shop drawings or sample submittals from anyone other than the Contractor. • Shall not authorize the Owner to occupy the Project in whole or in part. • Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized. Page 3 of 4 SCOPE OF WORK ST. LUCIE COUNTY INTERNATIONAL AIRPORT REHABILITATION OF RUNWAY 10R/28L 4. By recommending any payment Consultant shall not thereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by Consultant to check the quality or quantity of Contractor(s)' work as it is furnished and performed beyond the responsibilities specifically assigned to Consultant in this Agreement and the Contract Documents. Consultant's review of Contractor(s)' work for the purposes of recommending payments shall not impose on Consultant responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or Contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It shall also not impose responsibility on Consultant to make any examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to Owner free and clear of any lien, claims, security interests or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. Page 4 of 4 Attachment C Consultant's Estimate of Compensation -Addendum 1 December 2009 St Lucie County International Airport Resident Project Representative Services Rehabilitation of Runway 1OR-28L NIANHOURS BY CLASSIFICATION ITEM NO. TASK SR. PM I PRIN ENGR RPR CLERICAL " SUPPORT RESIDENT PROJECT REPRESENTATIVE SERVICES Task 1 Project Management and Coordination 0 0 0 Task 2 Resident Project Representative 0 Subconsultant 0 TOTAL HOURS: 0 0 0 HOURLY BILLING RATE: $165.00 $105.00 $55.00 EXTENDED TOTAL: $0.00 $0.00 $0.00 LABOR FEES SUBTOTAL: B.DIRECT EXPENSES - CONSTRUCTION PHASE SPECIAL SERVICES Ardaman & Associates (RPR Services) PBS&J EXPENSES (Including RPR vehicle, meals, supplies, misc.) DIRECT EXPENSES SUBTOTAL: $0.00 $1,650.00 $0.00 $1,650.00 TOTAL L UMP SUM FEE - CONSTR UCTION PHASE SERVICES - ADDENDUM 1 $1,650.00 Ardaman & Associates, Inc. ueotechnical, Envimnrnental and Matelats Consultants PBSW 482 South Keller Road Orlando, Florida 32810-6101 Attention: Mr. Craig S. Sucich, P.E. Subject: Proposal for Asphalt Inspection Runway 1 OR — 28L St. Lucie County International Airport Port St. Lucie, St. Lucie County, Florida Dear Mr. Sucich: November 12, 2009 Proposal File No. 09-61-086 Ardaman & Associates, Inc. is pleased to present this proposal to provide asphalt inspection services on the above referenced project. It is our understanding that, our scope will include providing a FDOT certified parking inspector to monitor asphalt placement in accordance with FDOT/Project specifications. We understand that the project will take up to 2 nights to complete. We suggest a starting budget of $1,650.00 (30 hours @ $55.00/hour). We believe the suggested budget will be adequate to provide the needed services. However, the total cost will be a function of the actual quantities of work performed and may be lower or higher than the suggested budget. However, the total estimated cost will not be exceeded without your prior authorization. We appreciate the opportunity to submit this estimate and look forward to working with you on this project. If this estimate meets your approval, please indicate your acceptance by completing the attached Project Acceptance Sheet and/or providing us with written authorization to proceed. Please call if you have any questions or require additional information. Respectfully, ARDAMAN & ASSOCIATES, INC. Jaso M. Parker, P.E. ,I ng Engineering Orlando Construction Services JMP/nfm 09-61.086 PBSW - ST. LUCIE INTERN-L AIRPORT.DOCX (2009 PP) Attachment: Proposal/Project Acceptance Sheet 8008 S. Grange Avenue 32", Post Office Box 8 -VO3, Oriando, Florida 32859-3003 Phone 4071555.3W. FAX (407) 859-8121 Louisiana: Aiexar,&Ia, Baton Rouge. Monroe, New Orl$arts, Shrevs¢ort Fioroda: Bartovf, Cocoa, FaM Myers, Miami, Oran&, Poz Charlotte. Port St. Lucie, Sarasota, Tallahassee. Tama, West Palm Beach `y ITEM NO. VI-F - f DATE: 01/05/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Toby Long SUBMITTED BY: St. Lucie County Sheriff's Office Director of Finance SUBJECT: Draw Request — January 2010 BACKGROUND: The Sheriff is requesting funds for operations from the General Fund & Fine Forfeiture in the amount of $5,563,163. Double Draw: (Amount requested; 1st draw total = $5,563,163) (2"d draw total = $5,563,163) This is a total of $11,126,326 for the month of January. See attached memos. FUNDS AVAILABLE: General Fund & Fine Forfeiture. 001-8191-599043-800 107-8191-599042-800 107-711-599040-6000 107-8191-599043-800 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of the Sheriff's double draw request for January 2010 in the amount of $5,563,163. COMMISSION ACTION: (Amount requested; 1 st draw total = $5,563,163) (2"d draw total = $5,563,163) This is a total of $11,126,326 for the month of January. -- CONCURRENCE: (X� APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Cu-"" Budget Analyst (Name) � (Name) Rogv2t' kf -rwy d,� ' j",,,t,Lk (Name) 0 StjL! 1"' Originating Dept. ( ) (Name) ERD ( ) (Name) *4rxiff EN J. MASCARA 700 West Midway Road, Fort Pierce, Florida 34981 N11R�F 5 A h�'.... c��(� • TO: Board of County Commissioners THROUGH: Sheriff Ken J. Masca FROM: The St. Lucie County Sheriff's Office DATE: 01 /05/10 SUBJECT: Draw Request — January 2010 ITEM NO. VI-F Background: Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 • Fax: (772) 489-5851 The Sheriff is requesting funds for operations from the General Fund & Fine Forfeiture in the amount of $5,563,163. Double Draw: (Amount requested; 1" draw total = $5,563,163) (2"d draw total = $5,563,163) This is a total of $11,126,326 for the month of January. See attached memos. Previous Action None Recommendation Staff recommends approval of the Sheriff's double draw request for January 2010 in the amount of $5,563,163. (Amount requested; 1 St draw total = $5,563,163) (2"d draw total = $5,563,163) This is a total of $11,126,326 for the month of January. Ir A*4rriff KEN J. MASCARA 4700 West Midway Road, Fort Pierce, Florida 34981 • DOUBLE DRAW REQUEST Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 • Fax: (772) 489-5851 MONTH OF January 2010 TO: BOARD OF COUNTY COMMISSIONERS DRAW REQUEST DATE: 12/15/09 Gentlemen/Ladies: In compliance with the provisions of Chapter 30.50, Florida Statutes I hereby request funds for operations as shown below. Sincerely, Ken J. Mascara By: W. Lee inker, ComptrolVr TOTAL PREVIOUSLY THIS TOTAL CODE ITEM BUDGET RECEIVED REQUISITION REQUISITION 12THS 16 JUDICIAL TOTAL 3,440,641.00 1,146,880.32 286,720.08 1,433,600.40 5/12 21 LAW ENFORCEMENT TOTAL 34,610,478.00 11,536,826.00 2,884,206.50 14,421,032.50 5/12 23 CORRECTIONS TOTAL 28,706,837.00 9,568,945.68 2,392,236.42 11,961,182.10 5/12 TOT. BUDGET/REQUEST 66,757,956.00 22,252,652.00 5,563,163.00 27,815,815.00 5/12 �*4eriff EN J. MASCARA r00 West Midway Road, Fort Pierce, Florida 34981 • December 15, 2009 The Honorable Charles Grande, Chair St. Lucie Board of County Commissioners St. Lucie County Ft. Pierce, FL 34982 Dear Chairman Grande: Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 • Fax: (772) 489-5851 Attached is our double draw request per Florida Statute 30.50 (1) for the month of January 2010. Thank you in advance for your assistance. Please contact our Comptroller Lee Tinker at 462-3290 if you have any questions. Sincerely, Ken . Mascara eriff Attachment *4 eriff KEN J. MASCARA 4700 West Midway Road, Fort Pierce, Florida 34981 ,6�-1^ ZN ITkAU JA%M%kAV-04 D RPtW Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 • Fax: (772) 489-5851 MONTH OF January 2010 TO: BOARD OF COUNTY COMMISSIONERS DRAW REQUEST DATE: 12/15/09 Gentlemen/Ladies: In compliance with the provisions of Chapter 30.50, Florida Statutes I hereby request funds for operations as shown below. Sincerely, Ken J. Mascara By: W. Lee inker, Comptr ler TOTAL PREVIOUSLY THIS TOTAL CODE ITEM BUDGET RECEIVED REQUISITION REQUISITION 12THS 16 JUDICIAL TOTAL 3,440,641.00 860,160.24 286,720.08 1,146,880.32 4/12 21 LAW ENFORCEMENT TOTAL 34,610,478.00 8,652,619.50 2,884,206.50 11,536,826.00 4/12 23 CORRECTIONS TOTAL 28,706,837.00 7,176,709.26 2,392,236.42 9,568,945.68 4/12 TOT. BUDGET/REQUEST 66,757,956.00 16,689,489.00 5,563,163.00 22,252,652.00 4/12 Title V Chapter 30 View Entire Chapter JUDICIAL BRANCH SHERIFFS 2007 FS 30.50 Payment of salaries and expenses.-- (1) The sheriff shall requisition and the board of county commissioners shall pay him or her, at the first meeting in October of each year, and each month thereafter, one -twelfth of the total amount budgeted for the office; provided, that at the first meeting in January of each year, the board shall, at the request of the sheriff, pay one -sixth of the total appropriated, and one -twelfth each month thereafter, which payments shall be not more than the total appropriation. Provided further that any part of the amount budgeted for equipment shall be paid at any time during the year upon the request of the sheriff. (2) The sheriff shall deposit the county warrant or warrants in his or her official bank account as provided in s. 30.51(3) and draw his or her own checks thereon in payment of the salaries of the sheriff and his or her deputies, clerks, and employees and the expenses of office. All salaries paid shall be supported by payrolls, and all expenses paid shall be supported by approved bills; provided, that the sheriff may draw a check to himself or herself for the expense of an investigation, and may note on the voucher only the information that he or she may consider proper to divulge. (3) The sheriff may set up a revolving fund for payment in cash of small items. The revolving fund shalt be reimbursed from time to time by payment of the vouchers representing the cash payments. (4) The sheriff shall keep necessary budget accounts and records, and shalt charge all paid bills and payrolls to the proper budget accounts. The reserve for contingencies, or any part thereof, may be transferred to any of the budget appropriations, in the discretion of the sheriff. With the approval of the board of county commissioners, or of the budget commission if there is a budget commission in the county, the budget may be amended as provided for county budgets in s. 129.06(2). (5) All expenses incurred in the fiscal year for which the budget is made shall be vouchered and charged to the budget for that year, and to carry out this purpose the books may be held open for 30 days after the end of the year. (6) All unexpended balances at the end of each fiscal year shall be refunded to the board of county commissioners, and deposited to the county fund or funds from which payment was originally made. History.--s. 4, ch. 57-368; s. 189, ch. 95-147. Privacy statement Contact Us AGENDA REQUEST ITEM NO. VII-A DATE: January 5, 2010 REGULAR[] PUBLIC HEARING [XX] CONSENT[] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Ordinance No. 10-003 (formerly 09-009) - Historic Preservation BACKGROUND: See CA09-1536 PREVIOUS ACTION: Permission to Advertise given by Board of County Commissioners on August 11, 2009. Historical Commmission forwarded Ordinance with comments to Planning and Zoning Commission on October 27, 2009. Planning and Zoning Commission forwarded to Board of County Commissioner with recommendation of approval on November 19, 2009. RECOMMENDATION: This is the first of two public hearings. No Board action is needed at this time. The second hearing will be held on February 2, 2010, at 6 pm or as soon thereafter as may be heard. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [�] OTHER: No Action required. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: d8--�-Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Public Works Dirt Finance: (Check for copy only, if applicable) County Eng.: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 09-1536 DATE: January 5, 2010 SUBJECT: Ordinance No. 10-003 (formerly 09-009) - Historic Preservation LLLLLLL BACKGROUND: On August 2, 2005, the Board of County Commissioners adopted Ordinance No. 05- 003, creating Chapter 1-10.2 of the St. Lucie County Code and Compiled Laws, known as the "Historic Preservation Ordinance." Staff recommends making several changes to the Ordinance to bring it into compliance with case law and with Florida Certified Local Government requirements. By becoming a Certified Local Government, St. Lucie County would become eligible for State and Federal grants related to historic preservation. The state Historic Preservation Officer has reviewed the proposed ordinance and has stated that it complies with the requirements for certification. On May 26, 2009, August 25, 2009, September 22, 2009, and October 27, 2009, the Historical Commission reviewed the proposed ordinance and unanimously voted to forward it to the Planning and Zoning Commission with suggested revisions (see minutes, attached). Most of these revisions were incorporated into the draft presented to the Planning and Zoning Commission (see list of comments that were incorporated, attached). A list of the revisions which were not incorporated appears below with staff and Planning and Zoning Commission comments. On November 19, 2009, the Planning and Zoning Commission unanimously voted to forward the ordinance to the Board of County Commissioners with a recommendation for approval, directing staff to take into account the comments provided by the public and members of the Commission (see minutes, attached). The draft ordinance incorporates the following elements that differ from the existing Historic Preservation Ordinance which was adopted in 2006: Chapter 2.00.00 LAC • Changes definition of Historic Resource to match definition of Exceptional Historic Resource in the Historic Preservation Ordinance • Replaces Florida Master Site File threshold with registration on National, State or Local Historic Registries Chapter 4.11.01 LDC • Incorporates Historic Preservation Ordinance into the Land Development Code • Creates Historic Preservation Board of five professional experts and two lay persons, as required by case law and the Florida Certified Local Government standards • Changes definition of "Exceptional Historic Resource" to match criteria used by National Register of Historic Places, but on the local level • Deletes definition of "Resource of Exceptional Importance' because it is never mentioned in the ordinance again • Adds "midden" to the definition of "mound" • Removes confusing procedure for reviewing applications to National Register and replaces with procedure required by State Preservation Board • Provides for withdrawal of application by applicant anytime before final Board decision • Gives Historic Preservation Board 60 days to accept or reject application for designation • Growth Management Director or designee (Historic Preservation Officer) examines any application for a resource, site or structure which may be over 50 years old or an archaeological site listed on the Florida Master Site File and determines if it reasonably could meet criteria of Exceptional Historic Resource in Historic Preservation Ordinance within 30 days of receipt: o If not, application goes back to originating department. o If so, application goes to Historic Preservation Board under its Emergency powers in Tne hisToric rreservui1vil W1 Provides that Emergency Powers can only be used if a structure or site is an Exceptional Historic Resource (one that can be designated without the permission of the property owner) Review of developments in archaeological zones will be done through the development review process rather than a Special Certificate of Appropriateness. Copies of archaeological reports will be provided to staff when required by Code then to Planning and Zoning and the BOCC • Provides that any fines collected for violations of the Historic Preservation Ordinance be placed in the Historic Preservation Trust Fund • Provides that the BOCC may establish a Historic Village Chapter 1-10.2 Code and Compiled Laws Historic Preservation Ordinance • Deletes Historic Preservation Ordinance from Code and Compiled Laws as it is incorporated into Chapter 4 of the Land Development Code Chapter 1-16 Code and Compiled Laws Historical Commission • Deletes the Historical Commission because its duties (collection of data and marking of historic sites) have been assumed by County museum staff and the Historic Preservation Board (historic preservation) The changes recommended by members of the public or members of the Planning and Zoning Commission and incorporated into the Ordinance by staff are summarized as follow: • Deletion of the creation of two alternate members of the Historic Preservation Board. Staff recommended this language in response to Historical Commission concerns that the new Historic Preservation Board may have trouble getting quorum if the professionals on it have frequent conflicts of interest which prevent them from voting on an item. The Planning and Zoning Commission felt that this policy was inconsistent with County policy as no other board has alternates, that it would cause confusion, and that the problem of conflicts of interests would not be that great. • At the Planning and Zoning meeting, a member of the public and a member of the Commission expressed their concern that the Florida Master Site File was not taken into account in the draft ordinance. The following language has been added to the definition of "Historic Resource": "Listing on the Florida Master Site File may indicate historic, architectural, engineering, cultural or archaeological value." The changes recommended by the Historical Commission and/or Planning and Zoning Commission and NOT incorporated into the Ordinance by staff are summarized as follow: • The Historical Commission requests that the new Historic Preservation Board retain the name "Historical Commission" rather than "Historic Preservation Board" to allow for continuity of a group that has been in existence since 1963. Staff has no objection to this request. The Planning and Zoning Commission recommended that the name "Historical Commission" be used. Staff requests guidance from the Board of County Commissioners before making such extensive revisions to the text of the Ordinance. The Historical Commission prefers that the Board of County Commissioners makes final decisions with respect to Special Certificates of Appropriateness, rather than the Historic Preservation Board. The Historical Commission feels that the Board of County Commissioners would have more authority to negotiate mitigation with property owners. Staff does not agree with this suggestion because we feel that it would create an undue burden on the Board of County Commissioners to review these applications and the professionals who will constitute the new Historic Preservation Board will be uniquely qualified to make such decisions. The Planning and Zoning Commission did not make a specific recommendation to staff regarding this issue, but discussion indicated that they leaned toward having the Board of County Commissioners make final decisions on special certificates of appropriateness. Staff requests guidance from the Board as to its wishes on this issue. The Historical Commission suggests that the Ordinance give either the County or private citizens the right to enter onto historically designated properties and repair them in cases of extreme affirmative neglect. This suggestion stems from the Historical Commission's concerns regarding the Robinson House, which was designated by the Board of County Commissioners but is in a state of severe disrepair and is in the process of being foreclosed. Though staff agrees that situations such as the Robinson House are unfortunate, staff does not agree that either the County or private citizens should be given the right to enter onto someone else's private property to repair it. Staff does not think that such a right can be given through a County ordinance, nor would it stand up to legal challenge. These situations may be better addressed through grant programs which assist property owners in repairing their own properties. At the Planning and Zoning meeting, a member of the public and a member of the Commission spoke in favor of this issue. Though the Planning and Zoning Commission did not make a specific recommendation on this issue, the discussion indicated that only one member of the Commission was in favor of it and staff reiterates its recommendation that the Board of County Commissioners not include this in the ordinance. • The Historical Commission recommends deleting the current exception to Certificates to Dig for swimming pool excavation. Staff does not object to this suggestion. However, Staff recalls that this was a topic of contention when the original Historic Preservation Ordinance was passed in 2005 and the Board at that time decided to allow an exception for excavation of swimming pools. At the Planning and Zoning meeting, a member of the public spoke in favor of this suggestion, but the Commission did not give staff specific direction on it. Staff seeks guidance from the Board of County Commissioners regarding this language. • The Historical Commission recommends adding language which would give the Historic Preservation Officer emergency powers to stop activity on a property if previously -undiscovered archaeological material is found. Staff objects to this recommendation for several reasons. First, State law already requires that any discovery of human remains be reported to the state. Second, the County previously performed an archaeological survey and any development activity in an archaeological zone would be reviewed during the development process. Third, the proposed language would inordinately burden private property rights and would be hard to legally defend. Fourth, a process already exists in the ordinance to have archaeologically significant property designated. If someone discovered that his neighbor had excavated an archaeologically significant object, he could bring that to the attention of a local historic group and they could petition to have the property designated. At the Planning and Zoning Commission meeting, a member of the public and a member of the Commission spoke in favor of this issue. Though the Planning and Zoning Commission did not make a specific recommendation on this issue, the discussion indicated that only one member of the Commission was in favor of it and staff reiterates its recommendation that the Board of County Commissioners not include this in the ordinance. • The Historical Commission suggests that the Ordinance require that the Historic Preservation Board meet six times a year, rather than four times a year. Staff does not agree with this recommendation because the new Advisory Board Procedures adopted by the Board of County Commissioners state that advisory boards should only meet when there is action to be taken. The state Certified Local Government program requires that the Historic Preservation Board meet at least four times a year, but if the Chair and Staff do not have any items to bring to the Board beyond those four meetings, they should not be required to meet. At the Planning and Zoning Commission meeting, a member of the public spoke in favor of this issue. Though the Planning and Zoning Commission did not make a specific recommendation on this issue, the discussion indicated that they were in favor of it. However, staff reiterates its recommendation that the Board of County Commissioners keep the required meetings to four times a year. The Historical Commission suggests that the new Historic Preservation Board be given the duties of the Historical Commission relating to data collection and marking of historic sites. A member of the public and the discussion of the Planning and Zoning Commission indicated a desire to give these duties to the Historic Preservation Board. However, staff does not recommend this. The Historical Commission has not collected data or placed historic markers for many years. The collection of data is now the responsibility of museum staff. Because of limited staff resources to do the extensive research work involved, staff requests that the marking of historic sites be left out of the responsibilities of the new Board. This type of activity is frequently done by private civic and historic organizations who are better equipped to handle it. A member of the Planning and Zoning Commission pointed out that section 4.11.05(B)(3), which sets out when a member is deemed resigned, does not match the draft language for Chapter 12 of the Land Development Code. However, Chapter 12's language only applies to the Planning and Zoning Board. The language in section 4.11.05(8)(3) is consistent with the new Advisory Board Procedures. RECOMMENDATION/CONCLUSION: This is the first of two public hearings. No action to be taken at this time. The second public hearing is scheduled for February 2, 2010. Respectfully submitted, e� Heather Spe a a eke Assistant County , t orney Attachments ORDINANCE NO. 10-003 (formerly Ordinance No. 09-009) AN ORDINANCE AMENDING CHAPTER 2 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO AMEND THE DEFINITIONS OF HISTORIC RESOURCE AND HISTORIC TREE; DELETING SECTION 4.11.01 "CHANGES TO HISTORIC STRUCTURES OR SITES"; CREATING SECTION 4.11.01 "PURPOSE"; CREATING SECTION 4.11.02 "DEFINITIONS"; CREATING SECTION 4.11.03 "HISTORIC PRESERVATION TRUST FUND"; CREATING SECTION 4.11.04 "HISTORIC PRESERVATION OFFICER"; CREATING SECTION 4.11.04 "HISTORIC PRESERVATION BOARD"; CREATING SECTION 4.11.06 "DESIGNATION PROCESS AND PROCEDURE"; CREATING SECTION 4.11.07 "EMERGENCY ACTIONS"; CREATING SECTION 4.11.08 "REVIEW OF PROPOSED NOMINATIONS TO THE NATIONAL REGISTER OF HISTORIC PLACES"; CREATING SECTION 4.11.09 "CERTIFICATE OF APPROPRIATENESS"; CREATING SECTION 4.11.10 "DEMOLITION"; CREATION OF SECTION 4.11.11 "ECONOMIC HARDSHIP"; CREATING SECTION 4.11.12 "MAINTENANCE OF DESIGNATED PROPERTIES"; CREATING SECTION 4.11.13 "CERTIFICATE TO DIG"; CREATING SECTION 4.11.14 "APPEALS"; CREATING SECTION 4.11.15 "PENALTIES"; CREATING SECTION 4.11.16 "INCENTIVES"; CREATING SECTION 4.11.17 "TAX EXEMPTIONS FOR REHABILITATIONS TO DESIGNATED HISTORIC PROPERTIES"; CREATING SECTION 4.11.18 "HISTORIC VILLAGE"; CREATING SECTION 4.11.19 "TIME EXTENSIONS"; DELETING CHAPTER 1-10.2 OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS; DELETING ARTICLE III OF CHAPTER 1-16 OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS; "PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; 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. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 March 14, 1991 91-09 May 14, 1991 91-21 November 7, 1991 92-17 June 2, 1992 93-01 February 16, 1993 93-03 February 16,1993 93-05 May 25, 1993 93-06 May 25, 1993 93-07 May 25, 1993 94-07 June 22, 1994 94-18 August 16, 1994 94-21 August 16, 1994 95-01 January 10, 1995 96-10 August 6, 1996 97-01 March 4, 1997 97-09 October 7, 1997 97-03 September 2, 1997 99-01 February 2, 1999 99-02 April 6, 1999 99-03 August 17, 1999 99-04 August 17, 1999 99-05 July 20, 1999 99-05 July 20, 1999 99-015 July 02, 1999 99-16 September 7, 1999 99-018 November 2, 1999 00-10 June 13, 2000 00-011 June 13, 2000 00-12 June 13, 2000 00-013 June 13, 2000 01-03 December 18, 2001 02-05 June 24, 2002 02-09 March 5, 2002 02-20 October 15, 2002 02-29 October 15, 2002 03-05 October 7, 2003 04-02 January 20, 2004 04-07 April 20, 2004 05-07 January 18, 2005 05-013 November 8, 2005 05-16 August 16, 2006 05-023 September 20,2005 06-17 May 30, 2006 06-018 May 30, 2006 06-030 September 12, 2006 06-047 December 5, 2006 07-018 - December 18, 2007 07-032 - November 6, 2007 07-041 - September 4, 2007 08-004 - March 11, 2008 08-08 - June 17, 2008 08-012 - September 12, 2008 08-025 - September 14, 2008 09-003 - January 20, 2009 09-012 - May 19, 2009 3. On August 2, 2005, the Board of County Commissioners adopted Ordinance No. 05-003, creating Chapter 1-10.2 of the St. Lucie County Code and Compiled Laws, known as the "Historic Preservation Ordinance." 4. On December 11, 2006, the Board of County Commissioners adopted Ordinance No. 06-045 amending Chapter 1-10.2. 2 5. On May 1, 1984, the Board of County Commissioners adopted Ordinance No. 84-05 which codified the St. Lucie County Historical Commission, which had been created in 1963. 6. On November 19, 2009, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 7. On , this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on 8. On , this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on 9. Any designation of Historic Structures or Sites onto the St. Lucie County local historic registry by the Board of County Commissioners up to the date of the adoption of this Ordinance shall remain in full force and effect. 10. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety, public welfare, and quality of life of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. The specific amendments to Chapter 2.00.00 of the St. Lucie County Land Development Code to read as follows, include: 2.00.00 DEFINITIONS HISTORIC TREE: A tree which has been determined to be of notable historic interest and value to St. Lucie County because of its location or historic association with the community and which has been so designated by the Board of County Commissioners in the official record books of the county following the procedures set out in Section 4.11.00 HISTORIC STRUCTURE OR SITE: Any structure or site or archaeological site that is: 3 (1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state register of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic resources per the procedures in Section 4.11.00. PART B. The specific amendments to Chapter 4.11.00 of the St. Lucie County Land Development Code to read as follows, include: 4.11.00 HISTORIC PRESERVATION - - - -171- -IM - 7.912M - - - - ' - - 51 MUM -= - - �- - - Gy-.T----wvTn IL W 1p.. Section 4.11.01. Purpose. A. It is hereby declared as a matter of public policy that the protection enhancement and perpetuation of properties of historical cultural archaeological, aesthetic engineering and architectural significance are in the best interests of the health prosperity and welfare of the people of St. Lucie County. B. The purpose of this ordinance is to protect the significant historic and archaeological resources of St Lucie County, to the maximum extent Practicable, in accordance with the goals and policies of the St Lucie County Comprehensive Plan by providing procedures for the designation and subsequent review of certain types of changes that are proposed for these resources. C. The safeguarding of the significant historic resources in St Lucie County is also intended to: 1. Foster civic pride in the accomplishments of the past; 2. Protect and enhance the County's historical and archaeological heritage and provide an economic stimulus through heritage tourism; 3. Promote the protection and maintenance of individual sites and districts in public acquisition programs for the education pleasure and welfare of the people of St Lucie County; 4. Encourage adaptive use of historic resources by giving them Priority over activities that would harm or otherwise destroy their historic value; 5. Enhance property values; 6. Stabilize neighborhoods and business centers; 7. Increase economic and financial benefits to the County and its inhabitants; 8. Combat blight and strengthen the economy of the County by stabilizing and improving property values in historic areas and by encouraging new building development that is harmonious with existing historic buildings and districts; 9. Promote historic and archaeological awareness in the County and provide historic resources education to County residents and visitors; 10. Enhance the visual and aesthetic character of the County; and, 11. Protect and enhance all of the archaeological resources of the County. 12. Promote sustainability by encouraging residents to rehabilitate, reuse restore and revitalize the historic resources of the past to meet the needs of the present without compromising the ability of future generations to meet their own needs. D. In addition the provisions of this Section will assist the County and property owners in any attempts to be eligible for federal tax incentives, federal and state grant funds and other potential property tax abatement programs for the purpose of furthering historic preservation activities including but not limited to Section 193.503, Florida Statutes, and the National Register of Historic Places program. E. This ordinance is intended to and shall govern and be applicable to, all property located within the unincorporated areas of St. Lucie County, Florida. F. The Historic Preservation Ordinance shall be filed and it shall address the following sections: the establishment of certain powers and duties for the Historic Preservation Board; the creation of a process to designate historic buildings sites districts landscape features roads obiects, structures, and archaeological sites; a process of review for issuing certificates of appropriateness and an appeal process The County shall submit the ordinance to the National Register of Historic Places for certification of eligibility for the 1981 Economic Recovery Tax Act, as amended. G. The St Lucie County Register of Historic Places is hereby created as a means of identifying and classifying various sites buildings, structures, obiects and districts as historically significant. Any historic or archaeological site or structure in the unincorporated County which is listed on the National Register of Historic Places shall automatically be listed on the St Lucie County Register of Historic Places. Section 4.11.02 Definitions Adaptive use: The process of converting a building to a use other than that for which it was designed. Addition: A construction project physically connected to the exterior of a historic building. Alteration: Any change affecting the exterior or appearance of an existing improvement by additions reconstruction remodeling or maintenance involving change of color, form, texture or materials or any such changes in appearance of specially designated interiors. Applicant: A local, state or national historical organization or owner of a property who provides sufficient written information to the Historic Preservation Officer to ascertain that his or her property potentially meets the minimum eligibility requirements for local historic designation or who is applying for a Certificate of Appropriateness. Archaeological site: A single specific location that has yielded or is likely to yield information on significant local history or prehistory. Archaeological zone: A geographically defined area defined in the Archaeological Survey of St. Lucie County Florida (2000) as amended which may reasonably be expected to yield information on significant local history or Prehistory based upon broad prehistoric or historic settlement patterns Artifact: A manmade object or any object that is a product of human modification or objects that have been transported to a site by people Building: A resource created principally to shelter any form of human activity such as a house, barn, church, hotel or similar construction Board: The St. Lucie County Board of County Commissioners Certificate of Appropriateness: A special certificate issued by the St Lucie County Historic Preservation Board or a standard certificate of appropriateness issued by County staff, which permits certain alterations or improvements to a Property within a historic district or a designated individual site: 1. SAecial Certificate of Appropriateness: A Special Certificate of Appropriateness is required for work that includes: additions alterations, new construction, relocations or demolition and for those instances when the proposed work is deemed to have a significant impact on the historic resource(s). The Historic Preservation Board shall review the request. 2. Standard Certificate of Appropriateness: A Standard Certificate of Appropriateness shall be issued by the Historic Preservation Officer when the work proposed is a minor alteration routine maintenance or in -kind replacement. Certificate to Dig: A type of certificate of appropriateness required by the Countv for certain ground disturbing activities such as filling grading and the removal of vegetation and trees but excluding swimming pool excavation Certified Local Government A government satisfying the requirements of the National Historic Preservation Act Amendments of 1980 (P.L. 96-515) and the implementing of regulations of the U.S. Department of the Interior and the State of Florida Division of Historical Resources A government that is certified will review all nominations to the National Register of Historic Places within its jurisdiction prior to reviews at the state and federal levels. Contributing resource: A building site landscape feature object, structure, or archaeological resource that adds to the historic associations, historic architectural qualities or archaeological values for which a property is significant because it was present during the period of architectural or historical significance relates to the documented significance of the property, and possesses historic integrity or is capable of yielding important historical information. County St. Lucie County, Florida. Demolition: The act or process of wrecking destroying or removing any building or structure or anv portion thereof. Designated exterior All outside surfaces of any building or structure that is individually listed or listed in the designation report as having significant value to the historic character of the building or district. Designation reportA document prepared by the Historic Preservation Officer for all properties or districts that are proposed for local historic designation. The reportat a minimum must include a boundary description of the proposed site or district an evaluation of its significance as it relates to the criteria for significance, as set forth in section 4 11 06(A) location maps representative photographs, any archaeological significance and a physical description of the historic resource(s). Earthworks Earthworks consist of linear ridges circular embankments, and causeways constructed of earth and/or shell as well as their associated borrow pits and both linear and circular ditches. These are most often associated with other precontact features such as mounds or middens but they may occasionally be encountered in isolation. Excavation: Any mechanical or manual removal of rock, consolidated or unconsolidated soil material sand or vegetation. "Excavation" includes, but is not limited to dredging draglining bulldozing scraping digging, scooping, or hollowing out. Exceptional historic resource: The quality of significance in local history, architecture archeology, engineering and culture is present in districts, sites, buildings, structures, earthworks, mounds and objects that possess integrity of location, design, setting materials workmanship feeling and association and: That are associated with events that have made a significant contribution to the broad patterns of our history: or LQ That are associated with the lives of persons significant in our past; or Q) That embody the distinctive characteristics of a type period or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or L4) That have yielded, or may be likely to yield information important to history or prehistory. Historic Preservation Board: The St. Lucie County Historic Preservation Board established pursuant to 4.11.05. Historic District. A geographically defined area possessing a significant concentration, linkage or continuity of buildings structures obiects improvements or landscape features, united by historic events or by plan or Physical development, and which area has been designated as a Historic District pursuant to procedures described herein. The boundaries for such district shall be clearly established. Historic Landscape Feature: Individual plants, such as a specimen tree or groups of plants, such as a hedge, allee, agricultural field planting bed or a naturally occurring plant community or habitat, with historical significance. Historic Preservation Officer. A person appointed by the County Administrator to serve as liaison to the Historic Preservation Board. That person shall be experienced in, or knowledgeable about architectural history, urban design historic and archaeological preservation principles, archaeology, planning and land use regulations. Historic Preservation Trust Fund. The St. Lucie County Historic Preservation Trust Fund created for the purpose of funding the preservation of historic resources within the unincorporated areas of the County. Historic Resource: Any prehistoric or historic district, site building structure obiect or other real or personal property of significant historical architectural engineering, cultural or archaeological value. Typically, an historic resource is at least fifty years old, unless other criteria apply, including that it has achieved significance in the last fifty years. Listing on the Florida Master Site File may indicate historic, architectural, engineering, cultural or archaeological value. Historic resources must retain a high degree of integrity in their historic physical characteristics, such as design, location, and materials. The properties may include, but are not limited to, sites, earthworks, mounds and middens, monuments, memorials, habitations, ceremonial sites, abandoned settlements, sunken or abandoned ships, engineering works, treasure troves, artifacts, or other objects with intrinsic historical or archaeological value, or any part thereof relating to the history, government or culture of the County, the State of Florida, or the United States of America. Interim protection measure: The interim period of time needed to protect a property from demolition, relocation, alteration, or new construction until such period of time provided by law passes for the property to be considered for designation as a historic site, or historic district, or zone. Local Register of Historic Places: The St. Lucie County Register of Historic Places. Mound: An artificial bank or hill of earth or shells, especially one constructed as part of a ceremonial or burial site. Includes middens. National Register of Historic Places: A federal listing maintained by the U.S. Department of the Interior of buildings, structures, sites, obiects and districts that have met the criteria for significance contained in the National Historic Preservation Act of 1966 (as amended.) Non-contributing resource: A building, site, landscape feature, object, or structure that does not add to the historic architectural qualities, historic associations or archaeological values for which a property is significant because it was not present during the period of significance or does not relate to the documented significance of the property and/or, due to alterations, disturbances, additions, or other changes, it no longer possesses historic integrity or is no longer capable of yielding important information about the period. Obiect Those obiects that are primarily artistic or utilitarian in nature, or are relatively small in scale and simply constructed. It may be, by nature or design, movable: an object is associated with a specific setting or environment or modified by humans. Ordinary maintenance and repair. Any exterior work for which a building permit is not required by law, where the purpose and effect of such work is to correct any Physical deterioration or damage of an element, by restoring it as nearly as possible to its appearance using materials consistent with the original materials. 10 Preservation: The act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Rehabilitation: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use, while preserving those portions or features of the property that are significant to its historical, architectural and cultural values. Restoration: The act or process of accurately recovering the form and details of a Property and its setting as it appeared at a particular period of time by means of removal of later work or by the replacement of missing earlier work and utilizing traditional materials. Scale: The character of any architectural work is determined both in its internal space and in its external volume by the fundamental factor of scale, the relation between the interior space and exterior volume. Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildings: A set of guidelines produced by the Department of the Interior that establish professional standards and provide advice and guidelines on the rehabilitation of historic properties and acceptable Preservation treatments. The standards pertain to exterior and interior work on historic buildings. Site: The location of a significant event, a prehistoric or historic occupation or activity, or a structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, archaeological, or paleontological value regardless of the value of any existing structure. St. Lucie County Historic Resources Survey, 2003: A survey that identifies the historic resources of St. Lucie County. The survey results include mapping: photographic documentation: research into the date of construction and original uses: and a detailed description of each resource. St. Lucie County Register of Historic Resources: A register of those individual cultural, archaeological and historic resources and districts that have been designated as historic pursuant to this ordinance. Streetscape: A view or vista of a specific street, the distinguishing characteristics of which are created by the width of the street and sidewalks, their paving material and color, the design of street furniture, the use of plant materials such as trees and shrubs, the setback, mass, proportion and scale of those buildings that enclose the street. Structure: Those functional constructions made usually for purposes other than human shelter. 11 Undue economic hardship: An exceptional financial burden that might otherwise amount to the taking of property without just compensation, or failure to achieve a reasonable economic return. Section 4.11.03 Historic Preservation Trust Fund. A. The Clerk of the Circuit Court of St Lucie County, acting as clerk and auditor to the Board of County Commissioners is hereby authorized and directed to establish in the accounts of the Board of County Commissioners a St Lucie County Historic Preservation Trust Fund. The Clerk shall deposit such funds donated or otherwise contributed to the County for historic and archaeological preservation into the St. Lucie County Historic Preservation Trust Fund. B. The Board of County Commissioners shall distribute the funds placed in the St Lucie County Historic Preservation Trust Fund, plus accrued interest to undertake a historic and archaeological preservation strategy or acquisition as determined by the Board. Section 4.11.04 Historic Preservation Officer The County Administrator shall appoint an employee of the Board of County Commissioners to serve as the St Lucie County Historic Preservation Officer. The appointee shall be knowledgeable and experienced in architectural history, urban design local history, archaeology, site planning and land use regulations. The Historic Preservation Officer shall: A. Schedule the meetings of the Historic Preservation Board prepare and advertise agendas and ensure that proper notice of the meetings are afforded to the public and affected parties. B. Prepare local historic designation reports and make recommendations to the Historic Preservation Board as to whether or not the structure or site proposed for designation meets the designation criteria under 4.11.06 1 of this ordinance. C. Upon receipt of a completed application for a Certificate of Appropriateness evaluate the scope of the proiect to determine whether it will be considered for review as a Standard or Special Certificate of Appropriateness and then process the application as described in 4.11.08 (5) and (6) of this ordinance. D. Maintain and update the official inventory register and map of historically designated sites and districts and archaeological sites and distribute copies to members of the Board of County Commissioners. 12 E. Prepare summaries of all decisions regarding applications to include the criteria and conditions for approval or denial F. Review all plans for designated historic sites historic districts and archaeological sites, for their compliance with the terms and conditions of applicable Certificates of Appropriateness or Certificates to Dig prior to the issuance of a construction or vegetation removal permit G. Apply for preservation grants and actively participate in other historic Preservation programs, such as the Historic Marker Program administered by the Florida Division of Historical Resources Bureau of Historic Preservation. H. Serve as the Certified Local Government Coordinator between the Board of County Commissioners and the Florida Division of Historical Resources, Bureau of Historic Preservation 4.11.05 Historic Preservation Board A. Establishment. The St. Lucie County Historic Preservation Board is hereby created and established as a committee of the St. Lucie County Board of Countv Commissioners. The Historic Preservation Board is hereby vested with the Power, authority and iurisdiction to recommend local historic designations-, issue Certificates of Appropriateness,• and to regulate and administer the historical, cultural, architectural and archaeological resources in St Lucie County, as prescribed by this ordinance and the direct iurisdiction and legislative control of the Board of County Commissioners The Historic Preservation Board's responsibilities shall be complementary to those of the State Historic Preservation Office. B. Composition: qualification of members 1. The Historic Preservation Board shall consist of seven (7 members. Each member shall serve at the will of the person or entity appointing the member. Two (2) members shall be appointed by the Board of County Commissioners as at -large members and shall be laypersons who have demonstrated special interest experience, or knowledge in history, architecture or related disciplines. Each County Commissioner shall appoint one (1) of the other five (5) members to the Historic Preservation Board and to the extent possible, they shall include one (1) professional member from each of the following fields: 13 a. Anthropology, archaeology, history, preferably local history, or folklore b. Conservation or curation C. Architecture preferably historic Florida architecture, landscape architecture d. Land use planning or historic preservation planning e. Professional engineer or certified General or Residential Contractor The term of office for each member shall be four (4) years; however of the members first appointed one (1) shall serve for one (1) year, two (2) shall serve for two (2) years two (2) shall serve for three 3 years and two (2) shall serve for four (4) years. A member who has completed one full term is eligible to be appointed to serve a consecutive term No member who serves two (2) full terms shall be reappointed during the two (2) year period following the expiration of his or her term. Each member of the Historic Preservation Board shall hold office only so long as he or she is a resident of St Lucie County. The required professional qualifications of each member shall be as set out in the State Historic Preservation Office Certified Local Government Professional Qualifications Standards as amended. 3. Should a Historic Preservation Board member fail to attend three (3) consecutive meetings the Historic Preservation Officer shall verify the same to the Board of County Commissioners. Upon such verification the member shall be deemed to have been removed and the Board of County Commissioners or Commissioner shall fill the vacancy by appointment. 4. Special advisors may be appointed by the Board of County Commissioners upon the recommendation of the Historic Preservation Board They shall serve as ex-officio members having no vote The Historic Preservation Board shall also seek expertise on proposals or matters requiring evaluation by a professional not represented on the Historic Preservation Board. 5. Members of the Historic Preservation Board shall serve without compensation but shall be reimbursed for necessary expenses directly related to the performance of their official duties. 6. All vacancies to the Historic Preservation Board, including expiration of terms shall be filled within sixty (60) calendar days. 7. Each Historic Preservation Board member shall make a reasonable effort to attend State Historic Preservation Office training programs. 14 8_ A copy of the latest St. Lucie County Historic Resources Survey and Archaeological Survey shall be loaned to each Historic Preservation Board member for their term of office. C. Organization The members of the Historic Preservation Board shall elect members to serve as Chair and Vice -Chair, for a period of one (1) year. Nothing shall prevent the Historic Preservation Board from electing a Chair or Vice Chair for successive terms. The Historic Preservation Officer or such Officer's representative shall serve as staff liaison to the Historic Preservation Board with no vote. D. Meetings, records 1. Meetings. The Historic Preservation Board shall be required to hold regular meetings at least four (4) times a year or more frequently as may be necessary to satisfy the review and hearing requirements set forth in this ordinance. All meetings of the Historic Preservation Board shall be publicly announced and shall be open to the public Meetings will have a previously advertised agenda The time and place of the meetings, the order of business and the procedures to be followed shall be as prescribed by the Historic Preservation Board in conjunction with the Historic Preservation Officer and shall be available for public inspection All meetings convened to consider local historic designation Certificates to Dig or Special Certificates of Appropriateness shall be advertised at least ten (10) days prior to the meeting in a newspaper having a general circulation within St. Lucie County. 2. Voting. All Historic Preservation Board meetings will be held in a public forum. Four (4) members of the Historic Preservation Board shall constitute a quorum, and an affirmative vote equal to a majority of the quorum present shall be necessary for the adoption of anv motion. 3. Minutes. The Historic Preservation Committee shall keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions findings determinations and 15 decisions. Such records shall be filed in the office of the Historic Preservation Officer and shall be open for public inspection. E. Rules and regulations. The Historic Preservation Board shall recommend to the Board of Count Commissioners such rules and regulations reasonably necessary and appropriate for the proper administration and enforcement of the provisions of this ordinance Such rules and regulations shall conform to the provisions of this ordinance shall not conflict with any applicable laws or regulations and shall govern and control procedures hearings and actions of the Historic Preservation Board No such rules and regulations shall become effective until a public hearing has been held by the Board of County Commissioners upon the proposed rules and regulations and any amendments or modifications thereto and the same have been approved by resolution of the Board of County Commissioners and filed with the Clerk of the Circuit Court Upon approval by the Board of County Commissioners such rules and regulations shall have the force and effect of law within the unincorporated areas of St Lucie County Florida. Such rules shall be open for public inspection. F. Role of the Historic Preservation Board Functions Powers and Duties As provided for in this ordinance, the Historic Preservation Board shall have the following powers and duties: 1. Recommend amendments to the Board of County Commissioners to the Rules of Procedure and to this Ordinance. 2. Recommend designation of individual sites, historic districts and archaeological zones as provided for in this ordinance. 3. Initiate petitions for the designation of individual sites and historic districts as provided for in 4.11.06(B)(1)b. 4. Issue or deny Special Certificates of Appropriateness 5. Approve historical markers for properties listed in the St. Lucie County Register of Historic Places. 6. Recommend building and zoning amendments to the proper authorities. 7. Participate in the review and update of the St. Lucie County Historic Resources Survey and the Archaeological Survey of St. Lucie County. 16 8. Promote the awareness of historic preservation benefits and concerns throughout the community and assist in providing educational materials guidelines and programs on historic Preservation in the County. 9. Review and make recommendations regarding the acceptance of donations of real property to the Board of County Commissioners 10. Recommend as appropriate that certain provisions of the Land Development Code be varied amended or superseded as a means of encouraging historic preservation 11. Contact public and private organizations and individuals for the Purpose of encouraging alternate arrangements that may lead to the preservation of historic resources that might otherwise be demolished. 12. Evaluate and make recommendations to the Board of County Commissioners that it comment upon pending decisions by other Public agencies that affect the physical development and appearance of architecturally, archaeologically or historicallv significant sites, districts and archaeological zones 13. At the time that the County becomes a Certified Local Government coordinate with the State of Florida's Division of Historical Resources Certified Local Government program as follows: a. The Division shall be given thirty (30) days prior notice of all meetings and within thirty (30) days following such meetings the Division shall be provided with the minutes and record of attendance of both the Historic Preservation Board and the public. b. The Division shall be notified of any change of Historic Preservation Board members within thirty (30) days of anv changes in membership. C. Notify the State Historic Preservation Officer within five (5) business days of all new historic designations or alterations to existing designations. d. Any amendments to the ordinance shall be submitted to the State Historic Preservation Officer for review and comment at least thirty (30) days prior to adoption e. The Division of Historical Resources shall be provided with an annual report by November 1 covering activities of the Previous October 1 through September 30 and shall include the following information: 17 Q Any changes to the Rules of Procedure; ii All new National Register listings; iii All new local historic designations and alterations to existing designations; iv Any changes to the Historic Preservation Board memberships and a copy of their resumes; (vj Revised resumes of Historic Preservation Board members as appropriate; vi Any amendments to this Chapter; jyjq A review of survey and inventory activities with a description of the system used; jyiiq A program report on each grant -assisted activity; and, ix Number of proiects reviewed. 14. The Historic Preservation Board shall have the authority to review applications for Special Certificates of Appropriateness for all property in the unincorporated St Lucie County, however owned, by either private or public parties Except as otherwise provided by law, this shall apply equally to plans proiects or work executed or assisted by any private party, governmental body or agency, department authority or board of a municipality, the County, or the State of Florida. 15. As a certified local government participate in the National Register Program for properties within its iurisdiction as directed by the Code of Federal Regulations Title 36 Part 61 and provisions of this chapter. 16. The Historic Preservation Board shall participate in a historic preservation planning process to include the _identification and recordation of historic resources within the County. Such survey process shall take place upon approval by the Board of County Commissioners approximately every ten years. All historic resource inventories shall be compatible with the Florida Master Site File which exemplifies the format used for statewide comprehensive historic preservation planning and kept current and regularly rovided to the State Historic Preservation Officer for incorporation in the Florida Master Site File. All such resource inventories shall be open to the public. Historic Preservation Board members shall be encouraged to participate in the survey process carried out by the County. 4 11 06 Designation Process and Procedure 18 A. Criteria. 1. The Historic Preservation Board shall have the authority to recommend to the Board of County Commissioners designation of buildings, sites, districts landscape features roads objects structures and resources as sites districts or zones that are significant in St. Lucie County's history architecture archaeology or culture and possess an integrity of location design setting materials, workmanship feeling or association and meets one or more of the following criteria: a. Significant Event — Associated with distinctive elements of the cultural, social, political economic scientific religious Prehistoric and architectural history that have contributed to the pattern of history in the community, St Lucie County, the region, the state or the nation; or b. Significant Person — Associated with persons significant in the County, the region, the state or the nation's past, or C. Architectural Significance — Embodies the distinctive characteristics of a type period style or method of construction or work of a master,• or that possess high artistic value; or that represent a distinguishable entity whose components may lack individual distinction; or d. Archaeological Significance — Has yielded or is likely to yield information in history or prehistory or e. Listed in the National Register of Historic Places; or f. Aesthetic Significance — Is part of or related to a landscape Park, environmental feature or other distinctive area and should be developed or preserved according to a plan based upon a historic, archaeological cultural or architectural motif; or because of its prominent or special local contrast of siting, age, or scale is an easily identifiable visual feature of a neighborhood or area or contributes to the distinctive quality of such neighborhood or area. 2. Certain properties, which include cemeteries birthplaces Properties owned by religious institutions or used for religious Purposes, structures that have been moved from their original locations, properties that have achieved significance within the last fifty (50) years, and properties commemorative in nature will not normally be considered for designation on the St Lucie County 19 Register of Historic Places However, such properties will qualify if they are integral parts of districts that do meet the criteria, or if they fall within the following categories: a. A religious property deriving primary significance from architectural or artistic distinction of historical importance; b. A building or structure removed from its location but which is primarily significant for architectural value or is the surviving structure most importantly associated with an historic event or person; C. There is no other appropriate site or building directly associated with the life of a person significant in the County, the region the state or the nation's past; d. A cemetery that derives its primary significance from graves of persons of transcendent importance from age, distinctive design features or from association with historic events; e. A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; f. A property or district achieving significance within the past fifty (50) years if it is of exceptional importance. B. Procedures for Historic Designation. Properties that meet the criteria for local historic sites and local historic districts set forth in 4 11 02 shall be designated according to the following procedures_ 1. Initiation a. Petition of the owner. (i) The owner(s) of any property in St. Lucie County may apply for designation of their property as an individual site or district Applications for Designation must be submitted with the appropriate fee to the Historic Preservation Officer pursuant to the fee schedule established by resolution of the Board of County Commissioners. The Historic Preservation Officer shall based on its findings either recommend a designation report be prepared or recommend denial of the application Nothing in this subsection shall be 20 deemed to restrict the power of the Historic Preservation Board to initiate the designation process pursuant to (B)(1)(b), below. The applicant may withdraw his or her application for designation at anv time before the Board of County Commissioners makes its final decision regarding designation Nothing in this subsection shall be deemed to restrict the power of the property owner(s) to reiect a final Board of County Commissioners decision to designate as set out in (B)(9), below. ii The Historic Preservation Board shall within 60 days either accept or denv the application Upon accepting the application, the Historic Preservation Board will set a date for a public hearing. The owner shall complete the designation report and the Historic Preservation Officer shall notify the proper parties of the public hearing. b. Initiation by the Historic Preservation Board. Based upon written recommendations from local state or national historical organizations, the Historic Preservation Board may initiate the designation of properties which would meet the criteria for an Exceptional Historic Resource as defined in 4.11.02. When the Historic Preservation Board votes to initiate the designation process, it shall set a date for a public hearing. Staff shall notify the property owner of the public hearing and prepare the designation report. Designation Reports. Prior to the designation of an individual site or a district the Historic Preservation Officer shall prepare an investigation and designation report and submit it to the Historic Preservation Board. All reports must address the following: a. Legal description of the property. b. The historical, cultural, architectural or archaeological significance or how the property fulfills the criteria for designation. C. Whether the property meets the criteria for an Exceptional Historic Resource as defined in 4.11.02. 21 d. Clearly established boundaries for individual historic sites and a recommendation of boundaries for districts. When a district is recommended the report must identify those properties which are considered "contributing' (i.e., that they contribute to creatinq the historic character of the district) or "non contributing' (i.e., that they do not contribute to creating the character of the district) but which require regulation in order to control potentially adverse influences on the character and integrity of the district. The standards for regulating non-contributing properties shall provide that a Certificate of Appropriateness and/or Certificate to Dig, as appropriate shall be required for alterations and new construction on such properties. e. Zoning Regulations Every historic district may include detailed zoning regulations made to be compatible with its designation Such regulations may be designed to supplant or modify any element of existing zoning regulations, including but not limited to use floor area ratio, density, height set backs parking minimum lot size or create any additional regulations provided for in this section. The zoning amendment may identify individual properties, improvements landscape features or sites for which different regulations; standards and procedures may be required. Said zoning regulations shall not be effective until the Board of County Commissioners approves the regulations. Every historic site may include suggestions for variances from current Code requirements including but not limited to use, floor area ratio density, height set -backs and parking. Variances shall not be effective until the Board of Adiustment approves them. f. The report shall also contain a location map and photographs of all exterior surfaces, and interiors when applicable. g_ Optional Designation of Interiors Normally interior spaces shall not be subiect to regulation under this ordinance; however, in cases of existing structures that possess interior spaces that are of exceptional architectural, artistic or historical importance and are interior spaces which are customarily open to the public they may be specifically designated The designation report shall describe precisely those features subiect to review and shall set forth standards and guidelines for such regulations. 22 h. Designation reports shall also include a copy of any survey materials related to such property, the property appraiser's records of such property and a copy of the public hearing newspaper advertisement. Notification of owner. For each proposed designation of an individual site or district the Historic Preservation Board is encouraged to obtain the permission of the property owner(s) of the individual site or within the designated area. The Historic Preservation Officer shall send notification by certified mail to the owner when the Historic Preservation Board votes to initiate designation and sets a date for public hearing. The Historic Preservation Officer is also responsible, when designation is initiated by the Historic Preservation Board, for sending by certified mail a copy of the designation report to the owner(s) at least thirty (30) days prior to a public hearing held pursuant to this ordinance. Any obiections by the property owner must be notarized. 7. Interim protection measure. From the date of said notification of the owner(s). no buildin construction or vegetation removal permit for any new construction alteration, relocation, or demolition or surface alterations that may affect the property proposed for designation shall be issued until the Board of County Commissioners approves or denies the designation in accordance with this section or one hundred eighty 080) days have elapsed, whichever shall occur first. Notification of government agencies. Upon setting a date for public hearing on designation, the Historic Preservation Officer shall immediately notify the appropriate building and zoning department, the appropriate public works department and any other County or municipal agency, including agencies with demolition powers, that may be affected by said filing. 9. Notice of Historic Preservation Board public hearing. For each individual site or district proposed for designation. a public hearing shall be held no sooner than thirty (30) days and within one hundred and twenty (120) days from the date a designation report has been filed with the Historic Preservation Board. Property owners within a radius of 1000' from the area proposed for 23 designation shall receive a courtesy notice of the hearing. Owners of record of the proposed designated properties shall be notified of the public hearing by registered or certified mail with return receipt requested to the last known address of the party being served or, if the name of any such party or his place of residence or his post office address cannot be ascertained after diligent search, by publishing a copy thereof once a week for four (4) consecutive weeks in a newspaper of general circulation within St. Lucie County. A copy of all such notices and orders shall be posted in a conspicuous place upon such building or structure; all of such notices and orders shall be in writing and contain an accurate description of the building structure and the lot or parcel of land affected and shall be mailed posted or published not less than fifteen (15) days nor more than sixty (60) days before the date therein fixed for hearing. Owners shall be given an opportunity at the public hearing to obiect to the proposed designation. 10. Requirement of prompt decision and notification. Following the public hearing, the Historic Preservation Board shall recommend approval approval with conditions denial or amendment of the proposed designation including whether the property should be considered an Exceptional Historic Resource, and shall forward its recommendation to the Board of County Commissioners within thirty (30) days of the hearing for final approval The Historic Preservation Board may suspend action on the application for a period not to exceed thirty (30) days, in order to seek technical advice from outside its members, or to meet further with the applicant to revise or modify the application. 11. Notice of Board of County Commissioners public hearing. Upon receipt of the Historic Preservation Board's recommendation, the Board of County Commissioners shall schedule a public hearing to consider the proposed designation. The public hearing must be held no sooner than thirty (30) days and within sixty (60) days from the date the Historic Preservation Board recommendation is filed with the Board of County Commissioners. Property owners within a radius of 1000' from the area proposed for designation shall receive a courtesy notice of the hearing. Owners of record of the proposed designated properties, shall be notified of the public hearing by registered or certified mail with return receipt requested to the last known address of the party being served or, if the name of any such party or his place of residence or his post office address cannot be ascertained after diligent search, by publishing a copy thereof once a week for four (4) consecutive 24 weeks, in a newspaper of general circulation within St. Lucie County. A copy of all such notices and orders shall be posted in a conspicuous place upon such building or structure; all of such notices and orders shall be in writing and contain an accurate description of the building, structure and the lot or parcel of land affected and shall be mailed, posted or published not less than fifteen (15) days nor more than sixty (60) days before the date therein fixed for hearing. Owners shall be given an opportunity at the public hearing to support or obiect to the proposed designation. 12. Requirement of prompt decision and notice. The Board of County Commissioners shall approve deny or approve with conditions the designation, including whether the Property constitutes an Exceptional Historic Resource, and shall designate the property by resolution. Except for property determined to be an Exceptional Historic Resource, the owner, or a maiority of the owners if owned by more than one person or a _majority plus one of the owners in a proposed historic district may reiect the designation in writing by filing a written statement with the Historic Preservation Officer within thirty (30) days of the Board of County Commissioners' decision. In the event the designation is reiected, the provisions of this ordinance governing designated historic properties shall not apply to the subiect property or district. If approved, the property shall be added to the St. Lucie County Local Register of Historic Places. The following parties shall be notified of its actions with a copy of the resolution. a. St. Lucie County Growth Management Department; b. St. Lucie County Public Works Department; C. St. Lucie County Clerk of Court; d. Owner(s) of the designated property and other parties having an interest in the property, if known; e. Any other County or municipal agency, including agencies with demolition powers, that may be affected by this action; and, f. St. Lucie County Property Appraiser. g_ Florida Department of State 13. Amendment or rescission. In the event the Historic Preservation Board determines a prone no longer in full or in part meets the criteria set forth in 4.11.060), the Historic Preservation Board may recommend an amendment or rescission of any designation provided it complies with the same manners and procedures used in the original designation. 25 14. Appeal of Designation. A party aggrieved by a designation decision may appeal such decision in the manner provided for in this ordinance. 15. Recording of designation. The Board of County Commissioners shall provide the Clerk of Circuit Court with all designations for the purpose of recording such designation and the Clerk of Circuit Court shall thereupon record the designation according to law. 16. St Lucie County Local Register Map. On or before October 11t of each year, the Historic Preservation Officer shall prepare a map showing all properties listed on the Local Register of Historic Places (includin any properties listed on the National Register of Historic Places) as of that date. The Historic Preservation Officer may update the map at such other times as he deems appropriate to reflect changes to the Local Register. A copy shall be presented to each Countv Commissioner and member of the St Lucie County Historic Preservation Board. 411 07 Emergency actions. A. Initiation 1. All structures or sites which are more than fifty (50) years old and all archaeolo ical sites which are listed on the Florida Master Site File and are applying for a site plan building permit demolition permit, DRI or variance application shall be submitted to the Historic Preservation Officer for review. The Historic Preservation Officer shall have thirty (30) days to review the structure or site. No action may be taken on the site plan building permit demolition permit DRI or variance application until review is completed on the property under this section. 2. If the Historic Preservation Officer determines that the structure or site fits within the definition of "Exceptional Historic Resource" as defined in 4.11 02 meets the criteria as outlined in 4.11.06(A), and that irreparable harm will be done to the structure or site if the proposed event is allowed to occur, the Historic Preservation Officer shall refer the application to the Historic Preservation Board for review as set out below. 26 3. If the Historic Preservation Officer determines that the structure or site does not fit within the definition of "Exceptional Historic Resource" as defined in 4.11.02 does not meet the criteria as outlined in 4.11.06(A) or irreparable harm will not result from the Proposed event, the Historic Preservation Officer shall return the application to the originating department 4. All construction activity requiring building permits or the processing of permit applications relating to the property shall be held in abeyance until the review by the Board of County Commissioners is completed with regard to the subject property. The Historic Preservation Officer shall notify the property owner(s) that such restriction is in effect. During consideration of historic designation the applicant and/or owner(s) will not be denied all reasonable use of the property. B. Review and Recommendation by the Historic Preservation Board 1. If the Historic Preservation Officer refers the application to the Historic Preservation Board the Historic Preservation Officer shall schedule the matter for consideration by the Historic Preservation Board and notice of the public hearing will be provided in accordance with the provisions of 4.11.06(B)(6). 2. At the public hearing the Historic Preservation Officer shall present a report to the Historic Preservation Board regarding the architectural, historical and archaeological significance of the subject property, including an evaluation of the property under the criteria set forth for historic designation in 4 11 06(A) The Historic Preservation Board shall also hear testimony from the owner(s) the applicant(s) and all other interested persons 3. At the close of the public hearing the Historic Preservation Board shall determine whether all of the following findings of fact have been established: a. There is a real and present danger to the subject property as evidenced by the owner's or applicant's proposal b. Based upon the best available data the subiect property appears eligible for historic designation as an Exceptional _Historic Resource pursuant to this chapter. The fact that the Property has not been nominated for inclusion on the National Register of Historic Places shall not in itself be grounds for approval of the proposed work or development request. 27 4. The Historic Preservation Board may suspend action on the application for a period not to exceed thirty (30) days in order to seek technical advice from outside its membership, or to meet further with the applicant to revise or modify the application. 5. Based upon its findings of fact as provided above, the Historic Preservation Board shall recommend to the Board of County Commissioners whether historic designation procedures should be initiated for the subiect property. C. Review and Determination by the Board of County Commissioners 1. Following receipt of the Historic Preservation Board's recommendation the Board of County Commissioners shall conduct a public hearing in accordance with the notice procedures set forth in 4.11.06(B)(8). 2. Should sufficient evidence be presented at the public hearing, the Board of County Commissioners may designate the property at the public hearing or it may request further information and set a date for a final historic designation hearing to be held within ninety (90) days. 411 08 Review of Proposed Nominations to the National Register_ of Historic Places When St Lucie County becomes a Certified Local Government, the following procedures shall apply: A. The Historic Preservation Board shall develop or receive the documentation necessary to nominate properties to the National Register. B. The Historic Preservation Board shall evaluate nomination proposals received for completeness and notify the proposal's sponsor, in writing identifying any technical deficiencies, within thirty (30) days after receipt of the nomination proposal. C. If the nomination proposal is technically complete, the Historic Preservation Board shall schedule the proposal on its agenda for the next meeting or, if the notification provisions make that impossible for the earliest possible regular meeting. D. The Historic Preservation Board shall notify the following, at least thirty (30) days but not more than seventy-five (75) days prior to the meeting at which the nomination proposal will be considered, of its intention to consider a nomination proposal: 28 1. Owners(s) of record of the property. The list of owners shall be obtained from official tax records. Where there is more than one owner on the list each separate owner shall be notified. 2. The Chair of the Board of County Commissioners Within thirty (30) days of such notification the Board of County Commissioners shall submit in writing to the Historic Preservation Board its recommendation as to whether or not the property shall be nominated to the National Register. 3. State Historic Preservation Officer E. Nomination proposals shall be considered by the Historic _Preservation Board at a public meeting and all votes on nomination Proposals shall be recorded and made a part of the permanent record of the meeting. F. All nomination proposals shall be forwarded with a record of official action taken by the Historic Preservation Board and the recommendation of the Board of County Commissioners to the State Historic Preservation Officer within thirtv (30) days after the meeting at which they were considered G. If either the Historic Preservation Board or the Board of County Commissioners or both support the nomination the State Historic Preservation Officer shall schedule the nomination proposal for consideration by the Florida National Register Review Board H. If both the Historic Preservation Board and the Board of County Commissioners recommend that a property not be nominated the State Historic Preservation Officer shall take no further action unless an appeal is filed within thirty (30) calendar days with the State Historic Preservation Officer. 1. Any person or organization which supports or opposes the nomination of a property to the National Register shall be afforded the opportunity to make its views known in writing To prevent nomination to the National Register of Historic Places obiections by property owners must be notarized All such correspondence regarding a nomination proposal shall become part of the Permanent record concerning that proposal and shall be forwarded with approved proposals to the State Historic Preservation Officer. In the case of disapproved nomination proposals letters of support or comment shall be made a part of the permanent record concerning that proposal and a list of such letters shall accompany the official copy of the disapproved nomination proposal when it is forwarded to the State Historic Preservation Officer. J. Nominations to be considered by the Historic Preservation Board shall be on file with the Historic Preservation Officer for at least thirty (30) days but not more than seventy-five (75) days prior to the Historic Preservation Board meeting at which they will be considered. A copy shall be made available by mail when 29 requested by the public and shall be made available at the County Administration Building so that written comments regarding a nomination proposal can be prepared. K. An person may appeal the decisions of the Historic Preservation Board under this section to the State Historic Preservation Officer. Such appeals shall be in writing and submitted within thirty (30 calendar days of the State Historic Preservation Officer's receipt of the written decision of the Historic Preservation Board. 411 09 Certificate of Appropriateness A. Required 1. No building site landscape feature object, structure or mound, midden or earthwork within St Lucie County which has been designated pursuant to this ordinance shall be altered restored rehabilitated excavated moved or demolished until an application for a Certificate of Appropriateness regarding any architectural features landscape features or site improvements has been submitted to and approved pursuant to the procedures in this article. The application shall include but not be limited to the architectural style scale massing siting general design and general arrangement of the exterior of the building or structure, including the type style and color of roofs, windows doors, walls and appurtenances. Architectural features shall include when applicable, interior spaces where interior designation has been given pursuant to 41106 Landscape features and site improvements shall include but are not limited to site grading, subsurface alterations fill deposition pavmq landscapin vegetation removal walls fences courtyards scans and exterior lighting No Certificate of Appropriateness shall be approved unless the architectural or development plans for said construction, alteration excavation restoration rehabilitation relocation or demolition are approved by the Historic Preservation Board. 2. No permit shall be issued by the Countv that affects any property designated Pursuant to this ordinance without a Certificate of Appropriateness. 3. All work performed pursuant to the issuance of the Certificate of Appropriateness shall conform to the requirements of the certificate The Board of Count- Commissioners shall designate an appropriate official to assist the Historic Preservation Board by making necessary ins ections in connection with enforcement of this chapter and shall be empowered to issue a stop work order if performance is not in accordance with the issued certificate. No 30 work shall proceed as long as a stop work order continues to be in effect. Copies of inspection reports shall be furnished to the Historic Preservation Board and copies of any stop work orders both to the Historic Preservation Board and the applicant The Public Works Director or appropriate official and staff for the Historic Preservation Board shall be responsible for ensuring that any work not in accordance with an issued Certificate of Appropriateness shall be corrected to comply with the Certificate of Appropriateness prior to withdrawing the stop work order. 4. Any Certificate of Appropriateness issued pursuant to the provision of this section shall expire twelve (12) months from the date of issuance unless the authorized work is commenced within this time period or a building permit has been obtained 5. Any change in work proposed subsequent to the issuance of a Certificate of Appropriateness shall be reviewed by the Historic Preservation Officer. If the Historic Preservation Officer finds that the proposed change does not affect the property's historic character and that the change is in accordance with approved guidelines, standards and the general intent of the original Certificate of Appropriateness the Historic Preservation Officer may issue a supplementary standard Certificate of Appropriateness for such change. If the proposed change is not in accordance with the guidelines, standards or the original intent of the Certificate of Appropriateness a new application for a Special Certificate of Appropriateness shall be required 6. A designated structure or home that is located in a historic district or archaeological zone may not be relocated except upon approval of a certificate of appropriateness In considering such certificate the Board of County Commissioners shall determine whether anv reasonable alternative is available for preserving the improvement or structure on its original site and whether the proposed relocation site is compatible with the historic and architectural integrity of the improvement or structure 7. For the purpose of remedying emergencv conditions determined to be dangerous to life health or property, nothing contained herein shall prevent the making of any temporary construction reconstruction or other repairs to a building or site in St Lucie County, pursuant to an order of a government agency or a court of competent iurisdiction The owner of a building damaged by fire or natural disaster shall be permitted to stabilize the building immediately without Historic Preservation Board approval and to 31 rehabilitate it later under the normal review procedures of this ordinance. 8. Where the Historic Preservation Officer or the Historic Preservation Board determines that any improvement within a designated historic site or designated historic district is endangered by lack of maintenance and repair, or that other improvements in visual proximity to a historic sight or historic district lack maintenance and repair to such an extent as to detract from the desirable character of the historic site or historic district such determination shall be reported to the Code Compliance Division. In the event the County Building Official determines that any structure within a designated historic site or historic district is unsafe pursuant to the Florida Building Code as adopted by the County, or in violation of the Property Maintenance Ordinance as set forth in Section 13.09.00 of the St Lucie County Land Development Code such official shall immediately notify the Historic Preservation Board with a copy of any findings Where reasonably feasible within applicable laws and regulations the Code Compliance Division shall endeavor to encourage repair of the structure rather than its demolition and shall take into consideration any comments and recommendations by the Historic Preservation Officer. The Historic Preservation Board and/or the Board of County Commissioners may take appropriate action to encourage preservation of any such structure. B. Forms and fees. Applications for Certificates of Appropriateness must be submitted with the appropriate fee to the Historic Preservation Officer pursuant to the fee schedule established by resolution of the Board of County Commissioners. C. Pre -application conference Before submitting an application for a Certificate of Appropriateness, an applicant is encouraged to confer with the Historic Preservation Officer to obtain information and guidance before entering into binding commitments or incurring substantial expenses in the preparation of plans, surveys and other data At the request of the applicant the Historic Preservation Officer, or any member of the Historic Preservation Board, an additional pre application conference shall be held between the applicant and the Historic Preservation Board or its designated representative. The purpose of such conference shall be to further discuss and clarify preservation obiectives and guidelines In no case however, shall any statement or representation made prior to the official application review be binding on the Historic Preservation Board the Board of County Commissioners, or 32 any County department. The owner(s) of a designated property are also encouraged to consult with the Historic Preservation Officer prior to the commencement of any routine maintenance and/or repairs to the site. D. Standards for review and issuance. The U.S. Secretary of the Interior's Standards for the Rehabilitation are hereby adopted as the standards by which applications for any Certificates of Appropriateness are to be measured and evaluated. In adopting these standards, it is the intent of this ordinance to promote the proper maintenance, restoration, preservation, rehabilitation appropriate to the property, and compatible contemporary designs which are harmonious with the exterior architecture and landscape features of neighboring buildings, sites and streetscapes. From time to time, the Historic Preservation Board may recommend to the Board of County Commissioners additional standards to preserve and protect special features unique to the County. Based on the Secretary of the Interior's Standards, the designation report, a complete application, any additional plans, drawings, photographs and samples of materials to fully describe the proposed proiect, the Historic Preservation Board may approve or deny the application for a Special Certificate of Appropriateness. E. Standard Certificate of Appropriateness. Where the action proposed in an application is a minor alteration to a designated site or contributing resource within a historic district and satisfies the standards as set forth in Section 4.11.09(D), the Historic Preservation Officer shall, within twenty (20) calendar days of receipt of the complete application, approve or deny the application. The findings of the Historic Preservation Officer shall be mailed to the applicant and the Historic Preservation Board within three (3) days of the decision, accompanied by a statement that explains the Officer's decision. The applicant shall have an opportunity to challenge the Officer's decision by applying for a Special Certificate of Appropriateness, within thirty (30) days of the Historic Preservation Officer's findings. F. Special Certificate of Appropriateness. 1. Where the action proposed in an application involves a major alteration, relocation or demolition to a designated site or a contributing resource within a historic district or where the Historic Preservation Officer finds that the action proposed in an application is not clearly in accord with the standards as set forth in 4.11.09(D), the application shall be classified as a Special Certificate of Appropriateness and the following procedures shall govern: 33 2. When a complete application is received, the Historic Preservation Officer shall place the application on the next regularly scheduled meeting of the Historic Preservation Board. The Historic Preservation Board shall hold a public hearing with notice of the application and the time and place of the hearing as follows: a. The applicant(s) and owner(s) shall be notified by mail at least ten (10) calendar days prior to the meeting. b. Any individual or organization requesting such notification and paving any established fees therefore shall be notified by mail at least ten (10) calendar days prior to the hearing. C. An advertisement shall be placed in a newspaper at least ten (10) calendar days prior to the hearing. d. The Historic Preservation Board shall approve deny or approve with conditions subiect to the acceptance of those conditions by the applicant the application. The Historic Preservation Board may suspend action on the application for a period not to exceed thirty (30) days in order to seek technical advice from outside its membership or to meet further with the applicant to revise or modify the application. e. The decision of the Historic Preservation Board shall be issued in writing Evidence of approval shall be by Certificate of Appropriateness issued by the Historic Preservation Board or the Historic Preservation Officer. When an application is denied the Historical Preservation Board's notice shall provide an adequate written explanation of its decision. 4.11.10 Demolition. A. Demolition of a building site district landscape feature, obiect, structure earthwork mound midden or such resource that has been designated as historic pursuant to this ordinance may occur only pursuant to an order of a government agency or a court of competent iurisdiction or pursuant to an approved application by the owner for a Special Certificate of Appropriateness. B. Government agencies having the authority to demolish unsafe structures shall receive notice of designation of buildings, sites, districts landscape features objects structures, and archaeological sites or zones. The Historic Preservation Board shall be deemed an interested party and shall be entitled to receive 34 notice of anv public hearings conducted by said -government a-gency re-garding demolition of anv property designated or documented as historic pursuant to this ordinance The Historic Preservation Board may make recommendations and suggestions to the government agency and the owner(s) relative to the feasibility of and the public interest in preserving the designated property. C. No permit for voluntary demolition of a building site district landscape feature object structure earthwork an archaeological site, or such resource that has been designated as historic Pursuant to this ordinance shall be issued to the owner(s) thereof until an application for a Special Certificate of Appropriateness has been submitted and approved pursuant to the procedures in this section. Refusal by the Historic Preservation Board to grant a Special Certificate of Appropriateness shall be evidenced by written _order detailing the public interest which is sought to be preserved The Historic Preservation Board shall be guided by the criteria contained in 4.11.09(D) The Historic Preservation Board may grant a Special Certificate of Appropriateness which may provide for a delayed effective date of up to eighteen (18) months The effective date shall be determined by the Historic Preservation Board based upon the relative significance of the structure and the probable time required to arrange a possible alternative to demolition During the demolition delay period the Historic Preservation Board may take such steps as it deems necessary to preserve the structure concerned, in accordance with the purposes of this chapter. Such steps may include, but shall not be limited to consultation with civic -groups, public agencies and interested citizens recommendations for acquisition of property by public or private bodies or agencies and exploration of the possibility of moving one (1) or more structures or other features. D. In addition to all other provisions of this Section the Historic Preservation Board shall consider the following criteria in evaluating applications for Special Certificates of Appropriateness for the demolition of a historic building site landscape feature obiect structure, earthwork or archaeological site 1. Whether the historic resource is of such interest or quality that it would reasonably meet national state or local criteria for designation. 2. Whether the historic resource is of such design craftsmanship, or material that it could be reproduced only with great difficulty and/or expense 35 3. Whether the historic resource is one of the last remaining examples of its kind in the County or the region. 4. Whether the historic resource contributes significantly to the historic character of a designated historic district. 5. Whether retention of the historic resource promotes the general welfare of the County by providing an opportunity for study of local history, architecture and design or by developing an understanding of the importance and value of a particular culture and heritage. 6. Whether there are definite plans for reuse of the property where the historic resource is located if the proposed demolition is carried out and what will be the effect of those plans on the character of the surrounding area. 4 11 11 Economic Hardship. A. Where by reason of particular site conditions and restraints, or because of unusual circumstances applicable solely to the particular applicant strict enforcement of the provisions of this chapter would result in serious undue economic hardship to the applicant, the Historic Preservation Board shall recommend to the Board of County Commissioners whether it is appropriate to vary or modify adherence to this ordinance; provided always that its requirements ensure harmony with the general purposes hereof and will not adversely affect St. Lucie County. B. In any instance where there is a claim of undue economic hardship, the owner may submit by affidavit to the Historic Preservation Board of County Commissioners at least fifteen (15) days prior to the public hearing the following information: 1. For all property: a. The amount paid for the property, the date of purchase and the party from whom purchased; b. The assessed value of the land and improvements thereon according to the two (2) most recent assessments; c. Real estate taxes for the previous two (2) years; 36 d. Annual debt service if any, for the previous two (2) years: e. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with his Purchase, financing or ownership of the property; f. Any listing of the property for sale or rent price asked and offers received, if anv' g.. Any consideration by the owner as to profitable adaptive uses for the property; h. An estimate of the cost of the proposed demolition or relocation; i. A report from a licensed engineer or architect with experience in historic rehabilitation as to the structural soundness of the structure and its suitability for relocation and/or rehabilitation however, the Count may retain an independent engineer and/or architect to review and approve the report; and L An estimate from an architect developer, real estate consultant, appraiser or other professional as to the economic feasibility of the rehabilitation or adaptive use of the existing structure however, the County may retain an independent engineer and/or architect to review and approve the estimate. 2. For income -producing property: a. Annual gross income from the property for the previous two (2) years; b. Itemized operating and maintenance expenses for the previous two (2) years; and C. Annual cash flow, if any, for the previous two (2) ears. C. The Historic Preservation Board may require that an applicant furnish such reasonable additional information as the Historic Preservation Board believes is relevant to its determination of undue economic hardship. In the event that any of the required information is not reasonably available to the applicant and cannot 37 be obtained by the applicant the applicant shall file with his/her affidavit a statement of the information that cannot be obtained and 77- shall describe the reasons why such information cannot be obtained. 411 12 Maintenance of designated properties. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any elements of any building agricultural property, utility or structure which does not involve a change of design appearance or material, and which does not require a building permit. 4 11 13 Certificate to Dig. A. A Certificate to Dig is a type of Certificate of Appropriateness. All applications to all appropriate County agencies involving new construction demolition large-scale digging the removal of trees or any other activity that may reveal or disturb an archaeological site in an archaeological zone shall require a Certificate to Dig before approval Based on a complete application for a Certificate to Dig the Historic Preservation Officer shall within ten (10) days from the date the completed application has been filed, approve or deny the application for a Certificate to Dig by the owners of a property in a designated archaeological zone The applicant shall have an opportunity to challenge the Historic Preservation Officer's decision by applying for a Special Certificate of Appropriateness, within thirty (30) days of the Historic Preservation Officer's findings. Further, the applicant may also request that his/her application be classified as a Special Certificate of Appropriateness so that the Historic Preservation Board will consider it. B. The Certificate to Dig may be made subject to specified conditions, including but not limited to conditions regarding site excavation. In order to comply with the requirements of the Certificate to Dig, the applicant may be required to conduct an archaeological excavation by a professional archaeologist who meets the U.S. Secretary of the Interior's Standards to conduct excavations and monitoring from the time of the approval of the Certificate to Dig until the effective date thereof. The findings of the Historic Preservation Officer shall be mailed to the applicant by registered mail promptly. The applicant shall have the opportunity to challenge the staff decision or any conditions attached to the Certificate to Dig by filing a written notice of appeal to the Historic Preservation Board within thirtv (30) days after receipt. C. Approved Certificates to Dip Approved Certificates to Dig shall contain an effective date not to exceed sixty (60) days at which time the proposed activity may begin unless the Historic Preservation Board decides to designate the site in question as an individual site or district. In that case all the rules and regulations Pertaining to the designation process shall apply from the date the designation report has been filed D. All work performed pursuant to the issuance of a Certificate of Appropriateness or Certificate to Dig shall conform to the requirements of such Certificate It shall be the duty of the appropriate government agencies and the staff of the Historic Preservation Board to inspect from time to time any work pursuant to such Certificate to assure compliance In the event work is performed not in accordance with such Certificate the Historic Preservation Officer shall be empowered to issue a stop work order and all work shall cease. No person firm or corporation shall undertake any work on such proiects as long as such stop work order shall continue in effect. 4.11.14 Appeals Within thirty (30) days of the written decision of the Historic Preservation Board an aggrieved party may appeal the decision by filing a written notice of appeal with the Clerk of the Board of County Commissioners The notice of appeal shall state the decision which is being appealed the grounds for the appeal and a brief summary of the relief which is sought Within sixty (60) days of the filing of the appeal or the first regular Board of County Commissioners meeting which is scheduled, whichever is later in time the Board of County Commissioners shall conduct a public hearing at which time they may affirm modify or reverse the decision of the Historic Preservation Board Nothing contained herein shall preclude the Board of County Commissioners from seeking additional information prior to rendering a final decision The decision of the Board of County Commissioners shall be in writing and a copy of the decision shall be forwarded to the Historic Preservation Board and the appealing party. Within the time prescribed by the appropriate Florida Rules of Appellate Procedure, a party aggrieved by a decision of the Board of County Commissioners may appeal an adverse decision to the Circuit Court in and for St. Lucie County, Florida. 4.11.15 Penalties The provisions of this ordinance may be enforced by the St Lucie County Code Enforcement Board. This provision shall not preclude enforcement of this ordinance in the Circuit Court or as otherwise authorized by law. Any fines which 39 result from violations of this ordinance and any fines which are levied on designated properties for violations of any ordinance shall be placed in the Historic Preservation Trust Fund. 4.11.16 Incentives All properties designated as historic resources pursuant to this ordinance shall be eligible upon application by the owners) for any available financial assistance set aside for historic preservation by St. Lucie County contingent on the availability of funds and the scope of the proiect as described in the application. 411 17 Tax exemptions for rehabilitations to designated historic properties. A. Scope of tax exemptions A method is hereby created for the Board of County Commissioners at its discretion to allow tax exemptions for the restoration renovation, or rehabilitation of historic resources. The exemption shall apply to one hundred percent (100%) of the assessed value of all improvements to historic properties, which result from restoration renovation, or rehabilitation made on or after the effective date of this ordinance. The exemption applies only to taxes levied by St Lucie County. The exemption does not apply to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article VII of the Florida Constitution. The exemption does not apply to personal property. B. Duration of tax exemptions Any exemption granted under this section to a particular property shall remain in effect for ten (10) years. The Board of County Commissioners shall have the discretion to set a lesser term. The term of the exemption shall be specified in the ordinance approving the exemption. The duration of the exemption as established in the ordinance granting the exemption shall continue regardless of any change in the authority of the County to grant such exemptions or any change in ownership of the property. In order to retain an exemption, however, the historic character of the property, and improvements, which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was granted. C. Eiigibie properties and improvements. Property is qualified for an exemption under this section if: 1. At the time the exemption is granted the property: 40 a. Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or, b. Is identified as a contributing property in a National Register of Historic Places listed district, or, C. Is individually listed in the St. Lucie County Register of Historic Places pursuant to this ordinance; or, d. Is identified as a contributing property to a historic district, under the terms of the St. Lucie County Ordinance. 2. The Historic Preservation Board has certified to the Board of County Commissioners that the property for which an exemption is requested satisfies 4.11.09(D). D. In order for an improvement to a historic property to qualify the Property for an exemption, the improvement must: 1. Be consistent with the U.S. Secretary of the Interior's Standards for Rehabilitation; and 2. Be determined by the St. Lucie County Historic Preservation Board to meet the criteria established in the Rule 1A-38, Florida Administrative Code. 3. The St. Lucie County Historic Preservation Board has issued a Special Certificate of Appropriateness for the proposed improvements. E. Applications. Any person, firm, or corporation that desires an ad valorem tax exemption for the improvement of a historic property must, in the year the exemption is desired to take effect, file with the Board of County Commissioners a written application on a form Prescribed by the Department of State. The application must include the following information: 1. The name of the property owner and the location of the historic property; 2. A description of the improvements to real property for which an exemption is requested and the date of commencement of construction of such improvements; 41 3. Proof, to the satisfaction of the Historic Preservation Board that the pro erty that is to be rehabilitated or restored has been designated historic pursuant to this ordinance 4. Proof, to the satisfaction of the Historic Preservation Board that the improvements to the p :)perty will be consistent with the U.S. Secre gry of Interior's Standards for Rehabilitation- 5. Other information identified in appropriate Department of State regulations, or re nested by the Historic Preservation Boar_ 6. A completed application for a Special Certificate of Appropriateness for the qualifying restoration or rehabilitation. F, Required covenant To qualify for an exemption the property owner must enter into a covenant or agreement with the Board A Count Commissioners for the term for which the exemption is granted. The form of the covenant or agreement must be established by the Department of State and must require that the character of the roperty, and the qualifvinq improvements to the property, be maintained during the period that the exemption is granted. The covenant or agreement shall be binding on the current prope rtv owner transferees and their heirs successors or assigns. Violation of the covenant or agreement results in the prope rty owner being sub'ect to the a ment of the differences between the total amount of taxes which would have been due in March in each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years plus interest on the difference calculated as provided in Section 212.12(3). Florida Statutes. G. The Historic Preservation Board or its successor is designated to review applications for exemptions. The Historic Preservation Board must recommend that the Board of County Commissioners rant or deny the exemption. Such reviews must be conducted in accordance with rules adopted by the Department of State. The recommendation and the reasons therefore must be provided to the applicant and to the Board of County Commissioners before consideration of the application at an official meeting of the Board of County Commissioners. H. Approval by Board of County Commissioners A majority vote of the Board of County Commissioners shall be required to approve a 42 written application for exemption Such exemption shall take effect on the January 1 following substantial completion of the improvement. The Board of County Commissioners shall include the following in the resolution approving the written application for exemption. 1. The name of the owner and the address of the historic Property for which the exemption is granted 2. The period of time for which the exemption will remain in effect and the expiration date of the exemption; and 3. A findinq that the historic property meets the requirements of this ordinance. 4.11.18 Historic Villa4e The Board of County Commissioners may establish a Historic Village for the Placement of historic resources 4.11.19 Time Extensions All time limits set forth in this Ordinance mav be extended Prospectively or retroactively, at the discretion of the Growth Management Director. PART C. The specific amendments to Chapter 1-10.2 of the St. Lucie County Code and Complied Laws to read as follows, include: - - -- - - - - - - 43 exemptieR': h The name of the ewRer the of the hlc-tGFiG nr/lnerty fer Whinthe eVemnti9R icy grentedi t The neried of time far and addFese Whinh the eveFnptien will remain in effent and th van ..,. G. evniati ren date of the evemntien• rl A finning that the hiStOFin ......... ...., .........p....... ..... .......,.... ... .......,. ....... ....,. t and nrenerty meeks the req tirements of this nheeter PART D. The specific amendments to Chapter 1-16 of the St. Lucie County Code and Complied Laws to read as follows, include: ARTICLE I. Unchanged ARTICLE II. Unchanged 67 . tablet, -vi-"r'retF;cinr shall --be planed-9F eFested 9R Ge• Rty .,Fepe Fty, +4, tF Ser.. 4-16-47. Filing FeGGrd-afia-n of data. and GOMMi Si9F PART E. 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 F. 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 G. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART H. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. 70 PART I. APPLICABILITY OF ORDINANCE This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Charles Grande XXX Vice Chairman Doug Coward XXX Commissioner Chris Dzadovsky XXX Commissioner Chris Craft XXX Commissioner Paula A. Lewis XXX PART K. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts E through K shall not be codified. PASSED AND DULY ADOPTED this day of , 2010. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk Chairman G33 APPROVED AS TO FORM AND CORRECTNESS: County Attorney 71 1 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 ST. LUCIE COUNTY HISTORICAL COMMISSION MEETING 2300 Virginia Avenue Administration Building Conference Room Number 3 September 22, 2009 5:30 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. Call to Order Chairman Culverhouse called the meeting to order at 5:40 p.m. Pledge of Allegiance Invocation Announcements A. Introduction of Kara Wood as Historic Preservation Officer Mr. Meyer, Assistant Growth Management Director, introduced Ms. Kara Wood, Planning Manger, as the -new Historic Preservation Officer. B. Introduction of Anne Sinnott Commission member for St. Lucie Village Mr. Culverhouse, Historic Commission Chair, announced Ms. Anne Sinnott as the newest member of the Historic Commission representing St. Lucie Village. Roll Call Commission Members Present: Brad Culverhouse .............................. Jack Connolly .................................... TomMinch ........................................ Richard McAfoos ............................... Christopher Dillon ............................. Ann Sinnott ........................................ Arlena Lee Commission Members Absent: Ruth McSween ........................... Marjorie Harrell ......................... Frank Pennetti ............................ Staff Members Present: Kara Wood ........................... Robin Meyer ......................... Heather Lueke.................. ................. Chairman ................. Commission Member ................. Commission Member ................. Commission Member ................. Commission Member ................. Commission Member ................. Commission Member ......................... Vice -Chair -Excused ......................... Commission Member ......................... Commission Member .......................... Historic Preservation Officer ........................... Asst. Growth Management Director .......................... Assistant County Attomey 1 of 3 1 2 Others Present. 3 Lucille Rights ...................................................... Special Advisor 4 5 1. Minutes — Approve minutes from the February 24, 2009 meeting 6 7 Mr. McAfoos motioned to approve the minutes without corrections. Mr. Minch seconded. The motion 8 carried unanimously. 9 10 2. New Business 11 12 A. Request designation of 1842 War of Occupation Act Coquina 13 Rock Fireplace - 14 15 Mr. Culverhouse indicated that the St. Lucie Historical Society had voted to recommend designation of 16 the fireplace and that he would submit their letter confirming this. 17 18 Ms. Rights gave a brief history of the coquina rock fireplace and its local historical context. 19 20 The commission discussed the possible designation of the fireplace and the history of different owners of 21 the property. Some members expressed concern about the impact such designation might have on the 22 property owner. The commission also discussed the possible relocation of the fireplace from its existing 23 original site to the St. Lucie County Historical Museum property. 24 25 Mr. McAfoos motioned to initiate designation of the coquina rock fireplace. Mr. Connolly seconded. The 26 motion carried unanimously. 27 28 B. Discuss resolution to Honor Mr. H. B. Moore 29 30 Mr. Connolly motioned to approve the creation of a resolution in honor of Mr. H. B. Moore. Ms. Sinnott 31 seconded. The motion carried unanimously. 32 33 Ms. Sinnott agreed to draft the resolution and send it to staff for review and corrections to be considered 34 at the next meeting. 35 36 3. Old Business 37 38 A. Review Historic Preservation Ordinance 09-009, proposed amendments to Land 39 Development Code Sections 4.11.00 — 4.11.06 40 41 Mr. Culverhouse stated that the Historical Commission had no quorum at their last meeting, but held a 42 workshop instead to discuss the proposed revisions. He summarized some background on the Historical 43 Commission, changes to the ordinance in 2005 and the attempt to form a new Historic Preservation 44 Board. Mr. Culverhouse also summarized some concerns about the proposed ordinance, including the 45 requirement to have members of the new committee be professionals from specified disciplines rather 46 than laypeople with local knowledge, the provision for administrative screening of applications, and the 47 omission of the Florida Master Site File as a trigger for the review of proposed changes to historic 48 structures. 1) A There was further discussion on the role of the Historical Commission over the years and the concern 51 over the abolition of its current role under the new ordinance. 2 of 3 Comments from Historical Commission members on proposed Ordinance 09-009 Lucille Rights' comments: 1. Include archaeological sites within listed resources in the following sections: a. 2.00.00, Definitions under Historic Structure or Site b. 4.11.01.C.2 and G under Purpose c. 4.11.02, Definitions under Designation Report and Historic Preservation Officer d. 4.11.03, Historic Preservation Trust Fund e. 4.11.04, Historic Preservation Officer, under main section and subsections D and F f. 4.11.06.A.1.f, Designation Process and Procedure, under Criteria g. 4.11.07.A.1, Emergency actions under Initiation 2. Suggested text revisions: a. 4.11.01.C.11, Purpose: "Protect and enhance all of the archaeological resources of the County." b. 4.11.02, Definitions, Historic resource: "... The properties may include, but are not limited to, earthworks, mounds and middens, monuments..." c. 4.11.02, Definitions, Mound: "An artificial bank or hill of earth or steRes shells, especially one constructed eYeF as part of a ceremonial or burial site." d. 4.11.02, Definitions, Object. "Those objects that are primarily artistic or utilitarian in nature, or are relatively small in scale and simply constructed. It may be, by nature or design, movable; an object is associated with a specific setting or environment or modified by humans." e. 4.11.04.1), Historic Preservation Officer: "Maintain and update the official inventory and map of historically designated and archaeological sites and districts, and distribute copies to members of the board. f. 4.11.05.8.1, Historic Preservation Board, Composition; qualification of members: "a. Anthropology, archaeology, local history, or folklore," and c. Architecture, preferably historic Florida architecture." g. 4.11.05.6.1, Historic Preservation Board, Composition; qualification of members: "8. A copy of the latest Historic Resources Survey and the Archaeology Survey shall be loaned to each board member for their term of office." h. 4.11.06. B, Designation Process and Procedure, Procedures for Historic Designation: "9. Requirement of prompt decision and notice, g. Florida Master Site File" i. 4.11.06. B, Designation Process and Procedure, Procedures for Historic Designation: "13. St Lucie Local Register Map. The Historic Preservation Officer may update the map at such other times as he deems appropriate to reflect changes to the Local Register. A copy shall be presented to each County Commissioner and member of the St. Lucie County Historic Preservation Board." j. 4.11.07.A.1, Emergency actions, Initiation: All structures or sites which are more than fifty (50) years old or archaeological sites which are listed on the Florida Master Site File or are ... " k. 4.11.09.A.1, Certificate of Appropriateness, Required: "1. No building, site landscape feature, object, structure, mound, midden or earthwork... " I. 4.11.09.E, Standard Certificate of Appropriateness, Required: "... The findings of the Historic Preservation Officer shall be mailed to the applicant and the Historic Preservation Board within three (3) days ... " m. 4.11.10.A, Demolition: Demolition of a building, site, district, landscape feature, object, structure, mound, midden, earthwork, or such resource... " 3. General: a. The Historic Preservation Board may mark historic and archaeological sites with appropriate signage. Anne Sinnott's comments: I have made notes throughout the42 pages of the proposed ordinance. The notes are bold/italicized 14 pt. Times New Roman. Thank you for reviewing and considering these suggestions. Since I am just now coming on board and am unaware of previous discussions and am lacking in legal knowledge, I will assume that all proposed amendments to this ordinance insulate St Lucie County from vagueness challenges. Also, that all proposed amendments to this historic preservation ordinance are consistent with state historical preservation legislation. (My understanding is that Certified Local Governments must enforce the state legislation if/when inconsistencies occur.) Have you considered calling the Historic Preservation Board the Historic Preservation Commission? The HPC name is presently used by many municipalities/counties in Florida. Also, using Historic Preservation Commission rather than board eliminates confusion about the BOCC (referred to as the Board). Furthermore, the use of Historic Preservation Commission provides a respectful nod to the continuity of the St Lucie County Historical Commission (established in 1963 by the St. Lucie County Commission). Using this name would not affect proposed member qualification guidelines. 3. 10. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety, public welfare, and quality of life of the citizens of St. Lucie County, Florida. 4. Historic Resource: Any prehistoric or historic district, site, building, structure, object or other real or personal property of significant historical, architectural, engineering, cultural or archaeological value. Typically, an historic resource is at least 50 years old, unless it has achieved significance in less than 50 years. Historic resources must retain a high degree of integrity in their historic physical characteristics, such as design, location and materials. Properties may include, but are not limited to, earthworks, mounds, monuments, memorials, habitations, ceremonial sites, abandoned settlements, sunken or abandoned ships, engineering works, treasure troves, artifacts, or other objects with intrinsic historical or archaeological value, or any part thereof relating to the history, government or culture of the County, the State of Florida, or the United States of America. 5. (4) Individually listed on a local inventory of Historic Resources per the procedures in Section 4.11.00. 6. Section 4.11.01. Purpose. A. It is hereby declared as a matter of public policy that the protection, enhancement, and perpetuation of properties of historical, cultural, archaeological, aesthetic, architectural and engineering significance are in the interests of the health, prosperity and welfare of the people of St. Lucie County. 8. Combat blight and strengthen the economy of the County by stabilizing and improving property values in historic areas and by encouraging new building development that is harmonious with existing historic buildings and districts. 9. Promote historic awareness and provide historic resources education to County residents and visitors; 12. Promote sustainability by encouraging residents to rehabilitate, restore, and revitalize the historic resources of the past to meet the needs of the present without compromising the ability of future generations to meet their own needs. D. In addition, the provisions of this Section will assist the County and property owners in eligibility requirements for federal tax incentives, federal and state grant funds, and other potential property tax abatement programs for the purpose of furthering historic preservation activities, including, but not limited to, Section 193.503, Florida Statutes, and the National Register of Historic Places program. E. This ordinance is intended to and shall govern and be applicable to, all property located within the unincorporated areas of St. Lucie County, Florida. F. The Historic Preservation Ordinance shall be filed, and it shall address the following sections: the establishment of certain powers and duties for the Historic Preservation Commission; the creation of a process to designate historic buildings, sites, districts, landscape features, roads, objects, structures, and archaeological sites; a process of review for issuing certificates of appropriateness, and an appeal process. The County shall submit the ordinance to the National Register of Historic Places for certification of eligibility for the 1981 Economic Recovery Tax Act, as amended. G. The St. Lucie County Register of Historic ReSOurCeS is hereby created as a means of identifying and classifying various sites, buildings, structures, objects and districts as historically significant. Any site or structure in the unincorporated County which is listed on the National Register of Historic Places shall automatically be listed on the St. Lucie County Register of Historic Resources (an object is not a place —using the word resources will include all of the above) 7. Applicant: An individual or group who provides sufficient written information to the County to ascertain that a property potentially meets the minimum eligibility requirements for local historic designation, or who is applying for a Certificate of Appropriateness. 8. Artifact: Any manmade object Or any object that is a product of human modification or objects that have been transported to a site by people. 9. Certificate of Appropriateness: A special certificate issued by the St. Lucie County Historic Preservation Board or a standard certificate of appropriateness issued by County staff, which permits certain alterations or improvements to a designated individual site or a property. ("within a historic district': Should be considered for removal from this text. Not all historic sites, properties, structures, buildings, or objects are located in an historic district). List the two types of COAs here 1. Standard Certificate of Appropriateness: A Standard Certificate of Appropriateness shall be issued by the Historic Preservation Officer when the work proposed is a minor alteration, routine maintenance or in -kind replacement. Z. Special Certificate of Appropriateness: A Special Certificate of Appropriateness is required for work that includes: additions, alterations, new construction, relocations, or demolition, and for those instances when the proposed work is deemed to have a significant impact on the historic resource( s). The Historic Preservation Board shall review the request. 1o. County: St. Lucie County 11. St. Lucie County Register of Historic "Resources" should be considered to replace "Places An inventory and registry of those individual cultural and historic resources and districts that have been designated as historic pursuant to this ordinance. 12. D. Maintain and update the official inventory, Register and map of historically designated sites and districts. 13. 4.11.05 Historic Preservation Board (consider using Commission, instead of Board) A. Creation. Consider using wording Establishment of the Board or Commission, (if you decide to use this term) instead of creation Composition; qualification of members c. Architecture, preferably historic architecture, landscape architecture d. Land use planning or historic preservation planning e. Professional engineer or certified General or Residential Contractor 14. 2. Voting. All Historic Preservation Board meetings will be held in a public forum. Four (4) members of the Historic Preservation Board shall constitute a quorum, and an affirmative vote equal to a majority of the quorum present shall be necessary for the adoption of any motion. 15. 3. Minutes. The Historic Preservation Committee ??? shall keep minutes 16. F. Role of the Historic Preservation Board 7. Review and update the St. Lucie County Historic Resources Survey and the Archaeological Survey of St. Lucie County. Does the board approve staff updates or does the board do the update work? Please determine and note how often updates will be conducted. 8. Promote the awareness of historic preservation benefits and assist in providing educational materials, guidelines, and programs on historic preservation in the county. 16. The Historic Preservation Board shall carry out a historic preservation planning process to include the identification and recordation of historic resources within the County. Such survey process shall take place, upon approval by the Board, approximately every ten years. All historic resource inventories shall be compatible with the Florida Master Site File, which exemplifies the format used for statewide comprehensive historic preservation planning, and kept current and regularly provided to the State Historic Preservation Officer for incorporation in the Florida Master Site File. All such resource inventories shall be open to the public. Historic Preservation Board members shall be encouraged to participate in the survey process carried out by the County. Please consider updating the local register of historic (resources) more often than once every 10 years. Possibly every 5 years?? Also, clarify that county staff —growth management, GIS, etc. conduct this —not the historic preservation board. ST. LUCIE COUNTY HISTORICAL COMMISSION MEETING I 2 2300 Virginia Avenue 3 Administration Building 4 Conference Room Number 3 5 October 27, 2009 6 5:30 P.M. 7 g Call to Order 9 10 Chairman Culverhouse called the meeting to order at 5:40 p.m. 11 12 Pledge of Allegiance 13 14 Invocation 15 16 Announcements 17 18 Roll Call 19 20 Commission Members Present: 21 Brad Culverhouse................................................ Chairman 22 Ruth McSween.................................................... Vice -Chair Commission Member, arrived 5:35p.m. 23 24 Frank Pennetti...................................................... Jack Connolly...................................................... Commission Member 25 Tom Minch.......................................................... Commission Member 26 Richard MCAfbos................................................ Commission Member 27 Christopher Dillon ............................................... Commission Member 28 Ann Sinnott .......................................................... Commission Member 29 Arlena Lee ........................................................... Commission Member 30 Lucille Rights ...................................................... Special Advisor 31 32 Commission Members Absent: 33 Marjorie Harrell ................................................... Commission Member -no response 34 35 Staff Members Present: Historic Preservation Officer 36 37 Kara Wood ......................................................... Heather Lueke.......... ....................................Assistant County Attorney 38 Dawn Milone..........................................Recording Secretary 39 40 41 42 43 44 45 46 47 48 49 50 51 1 of 2 I I. Minutes — Approve minutes from the September 22, 2009 meeting 2 3 Mr. Connolly motioned to approve the minutes. Mr. Minch seconded. The motion carried unanimously. 4 5 1. New Business 6 7 A. Review Advisory Board Procedures 8 B. Review Sunshine Law protocol 9 10 Ms. Wood and Ms. Lueke explained to the Commission the Advisory Board procedures that were 11 approved by the Board of County Commissioners, Resolution No. 09-241 on August 24, 2009 and 12 discussed the protocol regarding the Florida Sunshine Law. 13 14 2. Old Business 15 16 A. Review and approve resolution to Honor H.B. Moore 17 18 19 Ms. Wood discussed Resolution No. 09-215 to Honor Mr. H.B. Moore. The Commission asked that the 20 resolution be presented to the family of H.B. Moore 21 22 Mr. Connolly motioned to approve Resolution No. 09-215. Mr. McAfoos seconded. The motion 23 carried unanimously. 24 25 B. Review proposed Historic Preservation Ordinance 09-009 26 27 Ms. Wood, Ms. Lueke and the Commission had a lengthy discussion regarding the proposed ordinance. 28 Staff reviewed each of the comments submitted in writing by Commission members prior to the meeting; 29 additional comments presented by Mr. Culverhouse were discussed as well. 30 31 Mr. Connolly motioned to approve Ordinance No. 09-009 with changes that the Commission 32 discussed. Mr. Minch seconded. The motion carried unanimously 33 34 3. Member Matters and Announcements 35 36 The Planning and Zoning Commission will make their recommendations on the proposed ordinance at the 37 November 19, 2009 at 6:00 p.m. or soon thereafter. 38 39 4. Chair Matters 40 41 None 42 43 The meeting was adjourned at 827 P.M. 2 of 2 I St. Lucie County 2 Planning and Zoning Commission/Local Planning Agency 3 Commission Chambers, 3`d Floor, Roger Poitras Annex 4 November 19, 2009 Regular Meeting Ic 6:00 p.m. 6 8 A compact disc ofrecordingtheeof this ord. In heeevent'n its entirety, has been of a conflict between thelaced in the written minutes iandthewith compact 8 minutes as part of the 9 disc, the compact disc shall control. 10 11 12 1. Call to Order 13 14 Chairman Mundt called the meeting to order,at 6:04,p.m. 15 16 A. Pledge of Allegiance 17 18 B. Roll Call 19 Craig Mundt ..................... .......- Chairman , 20 Tod Mowery .......... arrived 7:35....'Comm'ission Member 21 Pamela Hammer....left 9:50 ........ Commission Member 22 Susan Caron......... left 8 45........ Commission Member 23 Brad Culverhouse ..................... ... Commission Member 24 Edward Lounds...........................`Commission:hllember 25 Stephanie Morgan......................Cflmtnission 'Member 26 Kathryn Hensley....._ .............._..•._ Ex-OfficioVlember 27 28 Members Absent Barry, Schratler... .�.. ..... (excused) .'Dice Chair excused 29 30 Britt`Reynolds............................. *Commission Member (excused) 31 32 33 Staff Present ,Mark Satterlee.......... ................... Director, Growth Management 34 'Robin Meyer................. ........Assistant Director, Growth Management 35 Heather Young ............................. Assistant County Attorney 36 Kara Wood .................................. Planning Manager, Growth 37 Management 38 Heather Lueke ............................. Assistant County Attorney 39 Linda Pendarvis ........................... Planner, Growth Management 40 Britton Wilson .............................. Sr. Planner, Growth management 41 Dawn Milone................................ Recording Secretary 42 43 C. Announcements 44 45 None. 46 47 D. Disclosures 48 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 Mr. Culverhouse stated he had a discussion with Commissioner Grande, this afternoon regarding the agenda. II. Minutes Review the minutes from the October 15, 2009 regular meeting, for approval. Mrs. Hammer had one correction. This correction was made. Mrs. Hammer motioned to approve the minutes. Ms. Caron seconded. The motion carried unanimously. III. Public Hearings A. Ordinance No. 09-019 Establishing Procedures An ordinance establishing regulations sstfij Progress and Planning; �n Progress and application of exepbon #or same; providio owner rights; provilWing for durations; "and --pr Ms. Young, Assistant the Commission and proceaures in the orainan temporary suspension of v, considering .proposed cha Zoning Atlas and Planning "status quo" in place while being proposed would cha Ms. Young stated the text. orth 'the procedure for Zoning in ication -of same; providing for -a procedure to assert property ing for an effective date. Attorney stated that this item was heard on July 16, 2009, ,tided to take it back for review and attempt to clarify the w. The purpose for this ordinance is to provide for a ious development permit applications when the county is :s to .the Land Development Code, Comprehensive Plan, ialyses to establish a procedure so the county can have a above items are being reviewed if it appears that what is a %he conditions of the development applications. ordinance was reformatted, mainly containing the same Ms. Young gave details of the timetable of this process to the Commission. Mrs. Hammer asked Ms. Young to state which "Board" or "County" she is referring to in the ordinance, doing this would alleviate confusion. The Commission had concerns with some of the words in the ordinance. Ms. Young will make this correction. 2 I Mr. Culverhouse stated, why not just declare a moratorium. 2 3 Mr. Satterlee, Growth Management Director stated a moratorium is mainly used in 4 unusual circumstances and can moratorum isast up to 'theeordinan)ce would provide clarity, The difference 5 between this ordinance and a 6 process, timeline, requires the county to take certain action, and a report. 7 8 Mr. Satterlee feels this ordinance is a superior process as opposed to a moratorium. 9 10 Mr. Culverhouse disagreed. 11 12 Chairman Mundt opened the public hearing. 13 14 Mr. Johnathan Ferguson, Land UthaAthis was ase orney in t. LucieCounty lousy ordinances imply ngpthag the ed an a 15 staff, stating in July he stated 16 ordinance was poorly drafted; he did not mean -,,,to imply that. 17 18 Mr. Ferguson feels that this is a lousy policy. The language in the ordinance will shut 19 down most projects and the time limits are giving the :Board of County Commissioners 20 carte blanch to continue for as long -as they think they can get away with'it and still pass 21 constitutional muster. He feels there is an internal inconsistency with the language. 22 23 Mr. Ferguson respectfully disagreed with Mr. Satterlee`s comments above. He feels the 24 message this ordinance .is telling the property owners and building community that 25 there is no certainty. You are .always subject to',being shut down upon the whim of the 26 Board if County Commissioners for no defined reasons'other than a perceived problem, 27 which may or may -not be a problem and: the fact that you may end up with non- 28 conforming uses. 29 30 Mr. Ferguson stated moratoriums are .extraordinary remedies to perceived major 31 problems. The County Commission should not have the ability to willy-nilly impose 32 moratoriums on individual ,projects, individual properties or individual areas of the 33 county. He feels it sends a terrible message and all things being equal will automatically 34 send any proposed development to either one of the cities. He stated again it is an 35 incredibly lousy policy, not sure, who is driving it or why it is needed. He does not 36 perceive the problems in the county. The one instance where there was perceived to be 37 a major problem for a large area of the north county, during the initial stages of the TVC 38 review the Board of County Commissioners adopted a moratorium through the normal 39 process. 40 41 Mr. Ferguson feels there is no need to adopt a policy like this. The county has the legal 42 ability to adopt moratoriums in the appropriate situations. 43 applications would be accepted after the 44 Ms. Young clarified that the intent was that no 45 temporary suspension ordinance was adopted not the ZIP period. 46 3 I Ms. Young stated that Mr. Satterlee and she would be happy to sit down with Mr. 2 Ferguson and go over some of the internal issues that may be needed to clarify in the 3 ordinance. 4 5 Mr. Lounds commented that he was not comfortable with the ordinance if it is designed 6 to limit and give broad breathing periods for movements west of the urban service area, 7 there is a need to talk about it some more, if it is not designed for that please convince 8 him otherwise. 9 10 Mr. Satterlee stated it was not designed for any one circumstance in mind. It was 11 designed to respond to circumstances that cannot be anticipated. 12 13 Chairman Mundt closed the public hearing. 14 15 Mrs. Hammer motioned to recommend approval of Ordinance No. 09-019 and 16 forward to the Board of County Commissioners with the,.,caveat that we ask that 17 some time be set aside for staff to meet with Mr. Ferguson to address his issues. 18 19 Ms. Caron seconded. 20 21 Roll Call 22 23 Ms. Morgan- no 24 Mr. Lounds- no 25 Mr. Culverhouse- no 26 Ms. Caron- yes 27 Mrs. Hammer- yes 28 Chairman Mundt- yes 29 30 Vote wasthree (3)-forthe motion, three (3)against, motion failed. 31 32 G`. Village of Sunset Lakes: PTV 820094001 33 Petition of Sunset Lakes of St. Lucie, LLC for Preliminary Planned Town or Village 34 approval for a project known as Village of Sunset Lakes 35 36 Ms. Wood, Growth 7Management Planning Manager and Ramon Trias, Trias and 37 Associates, agent for the":applicant gave a brief presentation. 38 39 Mr. Wyatt, Mr. Tedder, Mr. Crum and Mr. Hamilton spoke in opposition to the project. 40 41 Mr. Trias agreed to conduct a neighborhood meeting prior to February 18, 2010. 42 43 Mrs. Hammer motioned after considering the testimony presented during the 44 public hearing especially staff comments, I hereby move that the Local Planning 45 Agency continue the public hearing of the application for preliminary PTV site 46 plan approval for the development know as Villages of Sunset Lakes to resolve 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 outstanding issues on the site plan and allow further opportunity for a complete staff review with a continuation to Thursday, February 18, 2009 at 6:00 p.m. or soon thereafter as possible. Ms. Caron seconded. Roll Call Mr. Culverhouse- yes Mr. Lounds- yes Ms. Morgan- yes Ms. Caron- yes Mrs. Hammer- yes Chairman Mundt- yes Motion passed unanimously. B. Ordinance No. 09-009 — H An ordinance revising the Historic compliance with case law and Florida aoric Preservation: County Attorney Preservation :Ordinance to bring it into ;ertified t.ocat'Government requirements. Ms. Lueke, Assistant County Attorney mlorrned the Commission on August 2, 2005, the Board of County Commissioners adopted IOrdinance No. 05-003, creating Chapter 1- 10.2 of the St. Lucie . CCounty Code ,and G( Preservation Ordinance." Staff recommends rr to bring it into compliance withcase law .and, requirements. By becoming a Certified L-6cz become eligible for Stale and Federal grants -ri Historic Preservabon Officerbas reviewed the:t complies with the requirements for certification. )mpiled Laws, known as the Historic caking several changes to the Ordinance with Florida Certified Local Government it Government, St. Lucie County would slated to historic preservation. The state ar000sed ordinance and has stated that it On May 2f., 2009, August 25, 2009, September 22, 2009, and October 27, 2009, the Historical Commission reviewed the ;proposed ordinance and unanimously voted to forward it to the Planning and Zoning Commission with suggested revisions. Most of the revisions were incorporated .into the draft presented to the Planning and Zoning Commission. A list ;of the revisions, which were not incorporated and a list of all staff recommendations appears in the staff report. In advance of the meeting, Ms. Lueke received comments from the Historical Commission Chair and will incorporate them when this item goes before the Board of County Commissioners. The Planning and Zoning Commission recommended keeping St. Lucie County Historical Commission as the name, changes in the ordinance and having at least six (6) meetings per year. Chairman Mundt opened the public hearing. Ms. Lucille Rights, Special Advisor to the St. Lucie County Historical Commission, informed the Commission on the importance of the Florida Master Site File use as a 5 I resource, attempt creation of a new board, stating the members should be local experts 2 and that the Historical Commission requests that the new Historic Preservation Board 3 retain the name "St. Lucie County Historical Commission". 4 Ms. Rights prefer that the Board of County Commissioners make final decisions with 5 respect to Special Certificates of Appropriateness, rather than the Historic Commission. 6 The Historical Commission feels that the Board of County Commissioners would have 7 more authority to negotiate mitigation with property owners. 8 9 Ms. Rights suggests that the Ordinance give either the County or private citizens the 10 right to enter onto historically designated properties and stabilize them in cases of 11 extreme affirmative neglect. This suggestion stems from the Historical Commission's 12 concerns regarding the Robinson House, which was designated by the Board of County 13 Commissioners but is in a state of severe disrepair and is in the process of being 14 foreclosed. 15 16 Ms. Rights recommend deleting the current exception to :Certificates to Dig for 17 swimming pool excavation. 18 19 Ms. Rights recommend adding language, which would -give the Historic Preservation 20 Officer emergency powers to strop activity on a,, -property if previously undiscovered 21 archaeological material is found. 22 23 Ms. Rights suggested that the Ordinance require that the :Historic Commission meet six 24 times a year, rather than four times a year. 25 26 Chairman Mundt closed the public hearing. 27 28 Mr. Culverhouse agreed with all of Ms. Rights suggestions. He also recommended all 29 the present -dudes of the Historical Commission ;that are being amended out, be added 30 back in. 31 32 Chairman Mundt had a problem with some of the level of details Mr. Culverhouse 33 wanted. He stated, without seeing `it written out, overlaying that with the proposed 34 ordinance gets into a level of detail that he thinks orally digesting it and trying to adapt it 35 into the ordinance is difficult. 36 37 Mr. Culverhouse stated .he requested that his suggestion be in the package. He said 38 they were not included in.the package. 39 40 Ms. Lueke and the Commission discussed the rights of an individual who are applying 41 for a permit for a house fifty years or older. 42 43 Ms. Lueke discussed the criteria for designation of a property. 44 45 Mr. Lounds motioned to recommended approval of the ordinance with the 46 suggestions and comments from the public, staff and the Planning and Zoning 47 Commission. 48 3 1 Mr. Culverhouse seconded. 2 3 Mr. Mundt did not like the portion of the ordinance asking for an alternate for each 4 member. 6 Ms. Lueke will take this out of the ordinance. 7 8 Certificate of appropriateness (4.11.09) was to be taken out of the ordinance and put in 9 as a discussion item for the Board of County Commissioners. 10 11 Roll Call 12 13 Mr. Mowery- yes 14 Ms. Morgan- yes 15 Mrs. Hammer- yes 16 Ms. Caron- yes 17 Mr. Culverhouse- yes 18 Mr. Lounds- yes 19 Chairman Mundt- yes 20 21 Motion passed unanimously. 22 23 C. Shinn Road 251 PUD: PUD 06d103 24 Petition of Stiles., I evelopment for , Prellimtnary Planned Unit Development 25 approval and change in zorfing from A13-5 -to PUD for a project known as Shinn 26 Road 251 PUD. 27 28 Ms. Wood, Growth Management Planning 'Ma.nager stated, the subject property is 29 located approximately three miles west W the Urban Service Area, north of the 30 intersection of Okeechobee Road and Shinn Road. The parcels have a Future Land 31 Use of Agricultural — 5, allowing a maximum density of 1 du/5 acres. The land use of all 32 adjacent properties is AG-5, with the exception of two small parcels with a Commercial 33 Future Land'Use — one immediately to'the south is 1.6 acres, and one to the southwest 34 is 0.85 acres. The zoning of the property and most adjacent properties is also AG-5, 35 with the same maximum density of 1 du/5 acres. 36 37 The property is currently, vacant agricultural land, as is most of the surrounding property. 38 The only other active use is on the parcel to the southwest across Shinn Road which 39 has a convenience store. The other parcel with a Commercial Future Land Use is 40 vacant. 41 42 The Shinn Road 251 PUD site plan initially proposed 48 single family lots between 1 43 and 4 acres each and 6.95 acres of neighborhood commercial development. After re- 44 calculating the allowable density without the 20 acres along Okeechobee Road for 45 future development, the site plan has been revised to include only 46 lots. 46 7 I Johnathan Ferguson, on behalf of the applicant stated, he agreed with staff with two 2 minor exceptions. Mr. Ferguson feels as a policy point it is not fair nor appropriate for an 3 individual developer or property owner to have to fund and construct the multi -use path 4 which is part of the County's Green Way and Trails Plan. He feels this path leads to 5 nowhere. Mr. Ferguson wants this condition removed. 6 7 Mark Mathes, Lucido & Associates reminded the Commission that the applicant 8 dedicated the required right of way on Shinn Road to accommodate the path and the 9 necessary access improvements to access the site. 10 11 1) The other issue is related to the designation of open space, condition number 12 twenty-two (22) on the resolution which states ;( The Final Planned Unit 13 Development site plan shall depict the location of Ail :portions of the open space as 14 depicted on the Preliminary Planned Unit Development 'plans. At the time of building 15 permit issuance for each lot, the location of the lot level open space may be modified 16 by the lot owner in accordance with procedures and limitations outlined in the Land 17 Development Code for Minor Adjustments. The maximum impervious area shall not 18 be exceeded and minimum open space -requirements must be satisfied.) 19 20 21 Mr. Mathes requested homeowners' .gas they come forward with building permits to be 22 able to adjust the dash line on the ,purrs, ,as long as the area within the dash line does 23 not get smaller. He asked the Commission'`to,00nsider recommending a variance to the 24 standard code to allow the adjustment of the:lot level open space, subject to the 25 condition that cannot .be less than what is shown on -the preliminary plan. The final area 26 will be determined.atthe time of building permit. 27 28 Ms. Wood stated staff discussed this matter with the applicant a number of times. The 29 code requires that ,open spaee' Abe depicted on the plan, the code is very specific about 30 any relocation of open space, which would .require a Minor Adjustment (relocating more 31 than one hundred feet is a Major Adjustment): If the applicant were not including open 32 space within their lots, staff would not be in the position of having to find a way to 33 oversee how the open space would be insured. 34 35 Mr. Ferguson stated the only friendly disagreement he has with staff is, once the 36 buildable area are .indentified, ' what is the process for tweaking that when someone 37 comes in to pull a building permit. He feels staff is requiring a minor amendment to the 38 PUD every time an individual lot owner comes in and wants to move their buildable. His 39 suggestion is because it is a PUD that as long as the building area does not increase in 40 size, it can be moved within the lot without having to go through a minor PUD 41 amendment. 42 43 Chairman Mundt opened the public hearing. 44 45 No one spoke. 46 47 Chairman Mundt closed the public hearing. 48 I Mr. Lounds feels the conditions placed on this project are penalizing the development, 2 the first of its kind in the area with an AG PUD. 3 4 Mrs. Hammer suggested sidewalks on both sides of the development. 5 6 Mrs. Hammer stated restrictive easements be written into the agreement of sale so that 7 buyers knows what they are buying into and feels a CDD created (even if on paper only) 8 in the event someday the community has water and sewer. 9 10 Mrs. Hammer asked if open space on yards would be public open space. 11 Ms. Wood answered, no. 12 13 Mrs. Hammer would like " lot level open space" defined. 14 15 Mrs. Hammer would support the flexibility of being able to rove around on the parcel, 16 but, it needs to be designated what part of that lot is going to be open space and can't 17 be built on. Mrs. Hammer feels that once "it gets to the Building Department, no one is 18 looking at the plan. 19 20 Mrs. Hammer questioned condition nine (9) b in the ordinance stating it made no sense 21 to her (9b states; The County bas agreed to the following terms and conditions, 22 pertaining to the funding and construction of Greenways;and Trails on the subject site: If 23 the County constructs public trails along the 10 foot easement, then the County shall 24 construct a fence along the .north boundary line of the 10 foot easement so that public 25 access to the Projectnis-restricted. The'fence shall`be a three board style horse fence or 26 similar, in keepingwith the character of the Project. No barb wire or smooth wire fences 27 shall be allowed. The applicant shall have the right to provide access points through the 28 fence at the applicant's sole discretion). 29 30 The Commission agreed that accommodations could be made, if the Board of 31 Commissioners agreed irelgarding, open space on individual lots. 32 33 Mr. Mowery motioned after considering the testimony presented at the public 34 hearing including staff comments he hereby moved to recommend that the St. 35 Lucie County Board of County Commissioners grant approval to the application 36 for Preliminary SiteMan approval for the development known as Shinn Road 251 37 PUD because it conforms to the standard of review set forth in the St. Lucie 38 County Land Development Code subject to the conditions listed in draft 39 Resolution 09-214 along with the addition that came from staff tonight. Amend 40 condition twenty-two allowing for the adjustment as long as eighty percent (80 %) 41 of the open space is maintain for the preliminary plan and that condition fourteen 42 (14) is deleted removing the need for the twelve (12) foot wide multi use path. 43 44 Mr. Lounds seconded. 45 46 Mrs. Hammer asked the motion maker and second maker add to the motion, to 47 included the requirement that any type of restrictions on a particular lot be given 48 to the prospected buyer at the agreement of sale (not at closing). 7 1 2 This was accepted. 3 4 Roll Call 5 6 Mr. Culverhouse- yes 7 Ms. Morgan- yes 8 Mrs. Hammer- yes 9 Mr. Lounds- yes 10 Mr. Mowery- yes 11 Chairman Mundt- yes 12 13 Ms. Caron left due to back surgery before the motion was.made (8:45 p.m.) 14 15 Motion passed unanimously. 16 17 18 D. X-Treme Function Hall: CU520093983 19 Petition of Majesty, LLC to grant a Conditional Use Permit to allowthe on -premise 20 consumption of beer and wine ' -as, accessory to asocial event function hall in the 21 CG (Commercial, General) Zoning District. 22 23 Mr. Meyer, Assistant Director Growth Management recommended the Commission go 24 forward with the petition of 1#Ilajesty, LLC. He .stated that staff is going to amend its 25 recommendation of approval in;iight on 611:the citizens'that are here tonight. He stated 26 that staff had talked to ;the applicant about a neighborhood meeting and had declined. 27 Staff feels a neighborhood meeting needs to be held before a final recommendation is 28 made. 29 30 Mr. Meyer recommended this itern be continued until such time a neighborhood meeting 31 is held. 32 33 Ms. Pendarvis, Growth Management Planner gave a presentation regarding this item. 34 35 Mr. Ernesto Velasco, Velcon Group, Inc. spoke on behalf of the applicant. 36 37 Chairman Mundt openedthe public hearing. 38 39 Mr. Harvey Sofen, Ms. Grace Landry, Mr. Jim Culver, Ms. Alena Woodruff and Mr. Ken 40 Lenhurt spoken it opposition to this item. 41 42 Chairman Mundt closed the public hearing. 43 44 45 Mr. Mowery motioned to continue this item to a date certain of January 21, 2010 at 46 6:00 p.m. or as soon thereafter. 47 10 2 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 Mr. Culverhouse seconded. Ms. Morgan stated the reason for the continuance was to allow the applicant to meet with the residents to discuss what can and cannot be done on this property, in order for the residents to fully understand the issues of this item. Chairman Mundt informed the citizens that this building has met all requirements of County Codes to be built without a public hearing. The only purpose of tonight's public hearing was to be able to sell their own beer and wine, noting if the Conditional Use Permit is not granted by the county, outside purveyors would be able to serve alcoholic beverages. Roll Call Mr. Lounds- yes Ms. Morgan- yes Mr. Culverhouse- yes Mr. Mowery- yes Chairman Mundt- yes Motion passed unanimously. 22 23 Mrs. Hammer, felling ill left before the motion was made -(9:50 p.m.) 24 25 26 E. Sands 'End Development, Li.:C i=LUMA 420093979 27 Petition of Sands End i eveloM. ent, LLC -,for a Small — Scale Amendment to the 28 Future Land:Use .Map fora S 6"19 .acfe parcel of land on south Hutchinson Island 29 from C0M,JCommercial) to RM (Residexrtial Medium — 9 du/acre). 30 31 Ms. Wilson, Growth Management :Sr. Planner stated Item No. 3-E is a Small-scale 32 Comprehensive Plan Amendment know as "Sands End," which is a proposed Future 33 Land Use Change from Commercial to Residential Medium at 9 dwellings units per acre 34 and Item No. 3=F is a concurrent rezoning petition from Commercial General to 35 Hutchinson Island Residential District. Ms. Wilson will present them together and the 36 Ordinance for the map amendment and the Resolution for the zoning change will be 37 voted on separately at the end. 38 39 Ms. Wilson continued the subject property is a 6.619 acre parcel of land located on 40 south Hutchinson Island south of the FPL Power Plant. It is on the East side ofA1A and 41 is Ocean frontage. Directly to the south is the Normandy Beach access followed by the 42 Regency Island Dunes Condominium. The property to the north is a 5.8-acre parcel of 43 vacant residential land that Sands End Development owns. The final intent of the Sands 44 End property is to combine the two lots into a single 108 unit multi -family development. 45 46 The analysis staff conducted indicates that a RM Future Land Use designation is 47 consistent with the St. Lucie County Comprehensive Plan. The change in Future Land 11 2 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 43 44 45 46 47 48 Use from COM to RM represents an overall net decrease in anticipated impacts. The requested change may however be contrary to Policy 1.2.2.1 which directs the exploration of development patterns that would allow for employment and shopping opportunities in close proximity to residential uses there by providing for shorter and fewer automobile trips. Being that the subject property is surrounded by HIRD zoning, the requested land use and zoning change is compatible with the surrounding neighborhood. When evaluating the appropriateness of a proposed Future Land Use Map Amendment to a Comprehensive Plan, which is deemed already in compliance, Rule 9J-5 calls for the demonstrated need of the proposed use over the designated planning period. The applicant has provided a needs analysis not for the applicant's proposed use of Residential Medium but for the existing commercial designation. The analysis concludes that sufficient commercial uses are already available to serve the existing and future residents of South Hutchinson Island. The County's current housing situation cl additional lands with a residential desig demonstrates that :there is no need for n either on the mainland or on South Hutchinson Island. The total current supply of p Hutchinson Island is determined by selecting pa appraiser as Vacant Residential and matching designation. There is a total maximum supply of apl of these 2,300 units, 653 have already received w Management and the Board of County Commission currently being complete. The statistics presence demand in residential'property on South Hutchinson ritial residential `<units on South :Is designated 'by the property n with their Future Land Use rimately 2,300 dwelling units and ig :degrees of review by Growth since :2002 with only one project ,!early demonstrate the lack of The Sands End property represents one of the last remaining undeveloped commercially,designated lands- on South. Hutchinson Island within St. Lucie County and is the only vacant commercial; lot with ocean frontage. In 2007 the Board of County Commissioners approved, a similar petition to change the future land use and zoning on South Hutchinson Island from commercial to residential. While deliberating the vote, the Board made it clear that an approval would predominantly depend on the amount of commercial lands remaining on South Hutchinson Island to supply future needs and the Sands End property was identified as the only undeveloped commercial property large enough to accommodate any substantial commercial demand over the next Twenty-five 25) year planning horizon. Staff has identified both positive and negative aspects of the proposed land use change and concurrent rezoning. However, on balance staff finds that the negatives outweigh the positives and therefore recommends denial for the following reasons. The change will exacerbate the over -allocation of residential, eliminate the last commercially designated land needed to supply the demand of future residents over the next twenty- five (25) years, continue to force residents into Martin County for goods and services and increase vehicle miles traveled for those goods and services. The proposed use would be a decrease in road and transportation impact. 12 1 Mr. Mowery asked, if staff encouraged the applicant to provide a corrected needs 2 analysis. Ms. Wilson answered staff did not. 3 4 Mr. Murphy stated he did not supply the county with a residential needs analysis 5 because he did not know he needed to until about a day or so ago. The commercial 6 needs analysis has shown that the existing commercial is more than antiquate to cover 7 the demands for the residents. 8 9 The applicant did not hold a neighborhood meeting. Staff did receive letters of approval 10 from the President, of the President's Council of South Hutchinson Island and the 11 President of Regency Island Dunes and two letters in opposition. 12 13 Mr. Dennis Murphy, Culpepper & Terpening, Inc. stated he does not agree with the 14 conclusion of the staff report. He feels there are loose ends that he would like to get 15 together with staff on. 16 17 Mr. Murphy stated that this property was subject to litigation and settled between the 18 county and the property owners, resulting in the commercial designation applied to the 19 property. He also mentioned that the parcel''to the north is a Historical Archeological 20 Site, not the petition property that we are discussing tonight. 21 22 Ms. Wilson stated, staffs GIS map .layers shows this site to be generally in the area to 23 include both the properties in question. 24 25 Mr. Murphy stated if this property were to be used for commercial, it would only yield a 26 ten percent (10%) usage of the property (because of the,;layout of the property). 27 28 Mr. Mowery felt that the applicant should have put more emphasis on proving to the 29 staff and Commission that #here is a lack of need for commercial development. 30 31 Mr. Mowery was also concerned with the strong January, 2007 decision by the Board of 32 County Commissioners in support of maintaining commercial development on the 33 Island. 34 35 Chairman Mundt concurred with Mr. Mowery regarding the January, 2007 Board of 36 County Commissioners decision and staff s report on the current housing situation. 37 38 Mr. Murphy stated a hotel is not economically viable on this parcel. 39 40 Chairman Mundt opened the public hearing. 41 42 Ms. Pat Pacitti, President of the President's Council of South Hutchinson Island and 43 property manager for Regency Island Dune spoke in favor of the project. 44 45 Chairman Mundt closed the public hearing. 46 47 Mr. Mowery motioned after consideration of the testimony presented during the 48 public hearing including staff comments I hereby move that the Planning and 13 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 Zoning Commission of St. Lucie County recommend that the St. Lucie County Board of County Commissioners approve the petition of Sands End Development, LLC for a small scale amendment to the Future Land Use Map from COM Commercial to RM- Residential Medium 9 dwelling units per acre due to the fact that it is compliance with the St. Lucie County Comprehensive Plan, compatible with the existing neighborhood and does not create additional impacts to the existing infrastructure. Ms. Morgan seconded. Roll Call Mr. Lounds- yes Mr. Culverhouse- yes Ms. Morgan- yes Mr. Mowery- yes Chairman Mundt- no Motion passed 4-1 with Chairman Mundt dissenting F. Sands End Development, LLC: RZ 6 Petition of Sands End Development, LLC to amend the Official Zoning Atlas for a 6.619 acre parcel of ;mod on south Hutchinson Island from CG (Commercial General) to the HIRD jHdtdhtnson Island Res�al District) Zoning District Chairman Mundt asked staff and the applicant if they would like to have a brief discussion. Ms. Wilson and Mr. Murphy stood by their:prlor comments stated in item III G. Chairman Mundt opened :the public hearing. No one spoke.' Chairman Mundt eased the public hearing. Mr. Culverhouse motioned after consideration of the testimony presented during the public hearing, particularly that of Dennis Murphy, the former Director of Community Development with the County including staff comments I hereby move that the Planning and Zoning Commission of St. Lucie County recommend that the St. Lucie County Board of County Commissioners approve the petition of Sands End Development, LLC for a petition to amend the Official Zoning Atlas from CG- Commercial General to HIRD- Hutchinson Island Residential District because I believe the residential uses to the north and south that it is a compatible use with the surrounding residential uses and I believe a commercial use on this property would not be economically feasible and there appears to be based upon the testimony of the president of the Presidents Council and there 14 I seems to be sufficient restaurants and commercial facilities and we need to use 2 those rather than building more to compete with and because it would have a 3 positive impact on the tax base of St. Lucie County and I believe it is consistent 4 with the goals of the Comprehensive Plan. 5 6 Ms. Morgan seconded. 7 8 Roll Call 9 10 Mr. Mowery- yes 11 Mr. Lounds- yes 12 Ms. Morgan- yes 13 Mr. Culverhouse- yes 14 Chairman Mundt- no 15 16 Motion passed 4-1 with Chairman Mundt dissenting 17 18 IV. OTHER BUSINESS 19 20 A. Growth Management Director Comments 21 None. 22 23 24 B. Other business at the discretion of the .Planning and Zoning Commission 25 26 None. 27 28 V. Adjourned 29 30 There being no further'business .the meeting adjourned at 11:17 p.m. 31 32 15 APPENDIX A PROFESSIONAL QUALIFICATIONS STANDARDS In the following definitions, a year, of full-time professional experience need not consist of a continuous year of full-time work but may be made up of discontinuous periods of fulltime or part-time work adding up to the equivalent of a year of full-time experience. Those Commission members in historic preservation -related disciplines shall have educational backgrounds and experience comparable to the qualifications required for the disciplines below. These will be updated as appropriate if the Secretary of the Interior's Historic Preservation Professional Qualification Standards change. A. History. The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following: 1. At least two years of full-time experience in research, writing, teaching, interpretation or other demonstrable professional activity with an academic institution, historical organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. B. Archaeology. The minimum professional qualifications in archaeology are a graduate degree in archaeology, anthropology, or closely related field plus: 1, At least one year full-time professional experience or equivalent specialized training in archaeological research, administration or management. 2. At least four months of supervised field and analytic experience in general North American archaeology; and 3. Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archaeology shall have at least one year of fulltime professional experience at a supervisory level in the study of archaeological resources of the prehistoric period. A professional in historic archaeology shall have at least one year of fulltime professional experience at a supervisory level in the study of archaeological resources of the historic period. C. Architectural History. The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field, with course work in American architectural history; or a bachelor's degree in architectural history, art history, historic preservation, or closely related field plus one of the following: 1. At least two years of full-time experience in research, writing or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history. D. Architecture. The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time professional experience in architecture; or a State license to practice architecture E. Historic Architecture. The minimum professional qualifications in historic architecture are a professional degree in architecture; or a State license to practice architecture plus one of the following: 1. At least one year of graduate study in architectural preservation, American architectural history, preservation planning, or closely related field; or 2. At least one year of full-time professional experience on historic preservation projects. Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic . structures research reports, and preparation of plans and specifications for preservation projects. l.Ea iE 11:1? L tl(_ 1. GO\'1:1 NNI1:N''1 r= ti r. " fir Benefits of the CLG Program Across Florida, communities are taking action to preserve their unique historic character. The Florida Certified Local Government (CLG) Program, a local, state and federal partnership, can be a source of support and guidance in your historic preservation efforts. Since its inception in 1986, Florida's CLG Program has assisted in the survey, designation and preservation of thousands of historic and archaeological resources. Awareness of the importance of historic preservation has also been enhanced statewide through the program. The Florida CLG Program recognizes the greatest legal power to preserve lies with the local government. An effective local historic preservation program begins with the enactment of an historic preservation ordinance and the creation of a qualified historic preservation board. Here, in Florida the CLG Program can help ensure that your preservation program will be the strongest possible preservation tool for your community. Designation as a Certified Local Government brings a number of benefits. In addition to affirming your community's commitment to historic preservation, CLGs may: • Receive technical assistance and training, both on -site and at regional meetings, for staff and the members of their historic preservation boards; • Have a formal comment role in the National Register nomination process for properties within their jurisdiction; • Compete for special historic preservation matching grant funds set aside only for Certified Local Governments. Funding is available for projects such as surveys to identify and evaluate significant historic properties, preparation for National Register nominations and development of preservation education materials such as booklets and brochures; and • Conduct project reviews for Florida's local option property tax exemption program (project reviews in communities that are not CLGs must conducted by the Division of Historical Resources). The exemption is available for qualified improvements to historic properties listed in the National Register and/or designated by a CLG. Sitemap Contact Us People & Programs Department of State Menu Gol DOS -Customer Satisfaction Survey Copyright_Q2009 State of Florida Priyai:Y Statement ITEM NO. V11-B J — DATE: 01/05/10 .COUNTY AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI -JD (X ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY -- Linda Pe9;*� SUBMITTED BY: Growth Management Department Planner SUBJECT: Consider the petition of PJ Development, LLC for the Conditional Use Permit for the project to be known as SL2623 Coastal Telecommunication Tower. BACKGROUND: See the attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: August 20, 2009 — Planning and Zoning Commission recommended approval of the conditional use permit. RECOMMENDATION: Board adoption of Draft Resolution No. 10-002 approving the request for a Conditional Use Permit as outlined in the agenda memorandum. COMMISSION ACTION: (, APPROVED ( ) OTHER Approved 5-0 Motion to continue to 21212010 at 6:00 p.m. or as soon thereafter as possible DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) County Surveyor Daniel S. McIntyre Ron Harris County Engineer Michael Powley Originating Dept. Mark Satterlee ERD ( ) 1A yu r Karen Smith AI;y M BOARD OF COUNTY COMMISSION BOCC Hearing Date: January 5, 2010 Tuesday @ 6:00 PM GM File Number C U 720081507 Applicant PJ Development, LLC 7341 Westport Place #A West Palm Beach, FL 33413 772-692-4474 Property Owner Coastal Land Partners, Inc. 1975 Sansburys Way #114 West Palm Beach, FL 33411 Property Location Russakis Road 2,800' S. of County line Land Use & Zoning RE (Residential, Estate) AG-1 (Agricultural-1 du/ac) Staff Recommendation Board adoption of Draft Resolu- tion No. 10-002 approving the request for a Conditional Use Permit as outlined in the agenda memorandum. ST. L(1CIE COUNTY V. L O, R 1 _11 A' PJ Development, LLC 0 AGENDA ITEM No. Conditional Use Permit VII - B Location: East side of Russakis Road, approximately 2,800 feet south of the St. Lucie County and Indian River County boundary line. Project Description Petition of PJ Development, LLC to con- sider a Conditional Use Permit application to allow the construction and operation of a 130-foot monopole telecommunication tower and wireless communication equip- ment compound in the AG-1 (Agricultural- 1 dulac) Zoning District. Background: PJ Development, LLC is leasing eighty-one hundred (90'X90') square feet of land area of a 20 acre parcel for a wireless communication tower and equipment com- pound. The tower and equipment compound will be a fenced in 65'X60' area with a landscaped buffer around the perimeter. Notice Requirements: Public hearing notice sent to property owners within 500 feet of the subject property (see map above), published in the local newspaper and posted on the site. Further details are available In the Growth Management Department - Please contact: Staff: Linda Pendarvis, Planner Tel. 772.462.1562 E-mail pendarvisl@stlucieco.org Address: 2300 Virginia Avenue Fort Pierce, FL 34982 Anyone with a disability requiring accom- modation to attend this meeting may con- tact the SLC Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 iU6c NTY F L O R I D A Growth Management Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management Director Kristin Tets h,,�Pllanning Manager FROM: Linda Pen PTak�q� � DATE: January 5, 2010 SUBJECT: Consider the petition of PJ Development, LLC for the Conditional Use Permit for the project to be known as SL2623 Coastal Telecommunication Tower. ITEM NO. VII - B The applicant is requesting a continuance for this item to allow them time to meet with the individual Board members to discuss their request for a paving waiver and the fair share contribution that is the tandem Agenda Item VII-C. Staff recommends the public hearing for PJ Development LLC be continued until February 2, 2010 at 6PM or soon thereafter. Sarah Smith MMMO From: Tom Mackiewicz [TMackiewicz@pjdevl.com] Sent: Wednesday, December 30, 2009 9:30 AM To: Linda Pendarvis; Robin Meyer Cc: Sarah Smith; Paul A. Scott Subject: SL2623 Coastal Telecommunication Towers, Continuance request. Importance: High Please find this email as official request for continuance of the scheduled January 5, 2010 Board of County Commission meeting for the above subject project, in order to set up meetings with individual Board members to discuss the request for a paving waiver and the fare share contribution.We also request to continue the joint application for a Conditional Use Permit. Thank you, Tom Tom Mackiewicz PJ Development, LLC tmackiewicz@pjdevl.com O - 772-692-4474 F - 772-692-4475 M -772-201-1852 Growth Management Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Man:�$$e nt Direct Kristin Tetsworth, ,planning Manager' FROM: Linda Pendarvi' , lanner DATE: December 18, 2009 SUBJECT: Consider the petition of PJ Development, LLC for the Conditional Use Permit for the project to be known as SL2623 Coastal Telecommunication Tower. ITEM NO. VII - B Background: PJ Development, LLC submitted the application for a Conditional Use Permit (File Number CU720081507) for consideration by the Board of County Commissioners through Draft Resolution No. 10-002 to allow the construction and operation of a 130-foot monopole telecommunication tower and wireless communication equipment compound in the AG-1 (Agricultural — 1 du/ac) Zoning District. PJ Development, LLC leased eighty-one hundred (90'X90') square feet of land area within a 20 acre parcel for the wireless communication tower and equipment compound. The proposed tower and equipment will be in a 3,900 (65'X60') square foot fenced in area situated within the leased area. Consequently, the applicant has submitted a tandem application seeking a waiver from the following provisions of Section 7.05.07(B) (2), of the St. Lucie County Land Development Code, which states that the paving requirements and provisions shall be waived by the Board of County Commissioners, following a public hearing. The application for a waiver will be presented for consideration at the same public hearing. At the August 20, 2009, Planning & Zoning Commission meeting no members of the public spoke against the petition. However the Growth Management Department received fifty one (51) percent of the land area of adjacent property owners' response forms opposing the Conditional Use Permit. The Land Development Code requires public notices be sent to property owners within a 500 foot radius. Attached are the response forms received by the adjacent property owners affected by the proposed action as of the August 20, 2009, Planning and Zoning Commission meeting. In the case of a written protest against an application for a Conditional Use Permit, signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. Prior to the Planning & Zoning Commission meeting, the adjacent property owners expressed concerns about the devaluation of their property and the danger should the tower fall. Subsequent to the Planning and Zoning Commission meeting, staff understands that the agent, Mr. Tom Mackiewicz met with the adjacent property owner Mr. Robert Sexton. As a result of the meeting, PJ Development agreed to relocate the leased area for the proposed telecommunication tower from the northeast to the northwest corner of the subject property. As of the date of this agenda memorandum, staff has not received any response forms indicating an objection to the proposed Conditional Use Permit with regard to the BOCC public hearing. On October 28, 2009, PJ Development submitted a revised site plan showing the new location for the 90X90 leased area. The proposed Conditional Use Permit has been reviewed by staff in accordance with the standards of review set forth in Section 11.07.03 and Ordinance No. 08-008 which amended Section 7.10.23 Wireless Telecommunication Towers and Antennas of the St. Lucie County Land Development Code. Staff has reviewed all comments and recommendations and determined that the above referenced Conditional Use Permit complies with the standards subject to eight conditions of approval as outlined in the attached draft resolution. Previous Action: At the August 20, 2009, public hearing on this matter, the Planning and Zoning Commission recommended approval of the requested Conditional Use Permit by a vote of 5 to 1 (Mr. Culverhouse, dissenting). Recommendation Board adoption of Draft Resolution No. 10-002 approving the request for a Conditional Use Permit as outlined in this agenda memorandum. Attachments: Draft Resolution No. 10-002 Public Hearing Notice and List of Adjacent Property Owners Engineering Memorandum Planning and Zoning Meeting Minutes Planning and Zoning Staff Report Cau NTY F L 0 R I D A Environmental Resources Department Companion Report TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Environmental Resources Department A Amy Mott, Environmental Regulations Division Manager DATE: December 21, 2009 SUBJECT: Consider the petition of PJ Development, LLC for the Conditional Use Permit Site Plan for the project to be known as SL2623 Coastal Telecommunication Tower. Background The Growth Management Department requested Environmental Resources Department (ERD) input on the applicant's request for Conditional Use Permit Site Plan 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 approval of the proposed Conditional Use Permit Site Plan. Signature 1 I RESOLUTION NO. 10-002 2 FILE NO.: CU: 720081507 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE 6 COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT FOR THE 7 PROJECT TO BE KNOWN AS SL2623 COASTAL TELECOMMUNICATION TOWER 8 TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF A 130-FOOT 9 MONOPOLE TELECOMMUNICATION TOWER AND WIRELESS COMMUNICATION 1 o EQUIPMENT COMPOUND IN THE AGA (AGRICULTURAL — 1 DU/AC) ZONING 11 DISTRICT ON CERTAIN PROPERTY SITUATED IN ST. LUCIE COUNTY, 12 FLORIDA 13 14 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the i5 testimony and evidence, including but not limited to the staff report, has made the following 16 determinations: 17 18 1. P. J. Development, Inc. presented a petition on behalf of the Coastal Land Partners, 19 Inc. for a Conditional Use Permit to allow the construction and operation of a 130- 20 foot monopole telecommunication tower and wireless communication equipment 21 compound in the AG-1 (Agricultural — 1 du/ac) Zoning District for the property 22 described in Part B below and depicted in Exhibit "A". 23 24 2. The P. J. Development, Inc. leased eighty-one hundred square feet of land area 25 from the property owner, Coastal Land Partners, Inc., for the property located on the 26 east side of Russakis Road, approximately 2,800 feet south of the St. Lucie County 27 and Indian River County boundary line, for the proposed use of a wireless 28 communication tower and equipment compound. 29 30 3. On August 20, 2009, the St. Lucie County Planning and Zoning Commission held a 31 public hearing on the petition, of which due public notice was published and mailed 32 to all property owners within 500 feet at least 10 days prior to the hearing, and 33 recommended that the Board of County Commissioners approve the hereinafter 34 described request for a Conditional Use Permit to allow the construction and 35 operation of a 130 foot monopole telecommunication tower and wireless 36 communication equipment compound in the AG-1 (Agricultural — 1 du/ac) Zoning 37 District for the property described below. 38 39 4. On January 5, 2010, this Board held a public hearing on this petition, of which due 40 public notice was published and mailed to all property owners within 500 feet of the 41 subject property at least 10 days prior to the hearing. 42 43 5. The proposed Conditional Use Permit is consistent with the goals, objectives, and 44 standards of the St. Lucie County Comprehensive Plan and has satisfied the 45 requirements of Section 11.07.03 of the St. Lucie County Land Development Code 46 and Ordinance No. 08-008. 47 48 6. All reasonable steps have been taken to minimize any adverse effect of the 49 proposed conditional use on the immediate vicinity through site design, landscaping January 5, 2010 Page 1 of 7 Resolution No. 10-002 File No.: CU: 720081507 1 and screening. 2 3 7. The proposed project will not have an undue adverse effect on the adjacent 4 property, the character of the neighborhood, traffic conditions, parking, utility 5 facilities, or other matters affecting the public health, safety and general welfare. 6 7 8. The proposed project will be serviced by adequate public facilities and services. 8 9 9. A Certificate of Capacity, a copy of which is attached to this resolution, was granted 10 by the Growth Management Director on December 21, 2009 (Exhibit "B"). 11 12 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 13 County, Florida: 14 15 A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, the 16 Conditional Use Permit for Coastal Land Partners, Inc. submitted by PJ 17 Development, LLC for the project to be known as SL2623 Coastal 18 Telecommunication Tower, as shown on the site plan drawings for the project 19 prepared by Kimley-Horn and Associates, Inc., dated September, 2008 and date 20 stamped received by the St. Lucie County Growth Management Director on October 21 28, 2009, is hereby approved/denied for the property described in Section B, subject 22 to the following conditions: 23 24 1. Prior to Final Building Permit Inspection all warning signage shall be installed 25 and conform to Section 7.10.23(C.7. a. thru f.) of the St. Lucie County Land 26 Development Code. The warning signs shall be inspected by the Code 27 Compliance Division. 28 29 2. This telecommunication tower must meet or exceed current standards and 30 regulations of the FAA, the FCC, including radio frequency emission standards 31 and regulations of the State or Federal government with the authority to regulate 32 to this tower. If such applicable standards and regulations are changed, then the 33 owners of this telecommunication tower shall bring this tower and antennas into 34 compliance with such revised standards within six (6) months of the effective 35 date of such standards and regulations, unless a different compliance schedule 36 is mandated by the controlling State or Federal agency. Failure to bring this 3 7 tower and antennas into compliance with such revised standards and regulations 38 shall constitute grounds for the removal of the tower at the expense of the owner. 39 40 41 3. In accordance with Land Development Code Section 7.10.23(S) 42 telecommunication tower owners shall submit a report to the Building 43 Department certifying structural and electrical integrity of the tower every five (5) 44 years following the Building Permit final inspection approval. This report shall be 45 accompanied by a nonrefundable fee of two hundred dollars ($200.00) to 46 reimburse the County for the cost of review. 47 48 4. Prior to the issuance of a Building Permit a cash security fund, an irrevocable 49 letter of credit, or bond in the amount of $25,000 shall be submitted in a manner 50 and form acceptable to the St. Lucie County Attorney, to secure the cost of January 5, 2010 Page 2 of 7 Resolution No. 10-002 File No. CU: 720081507 1 removing this tower and the initial set of antenna or antenna array should it be 2 determined to be abandoned in accordance with Section 7.10.23(Q) of the Land 3 Development Code. Each subsequent antenna or antenna array shall be subject 4 to an additional cash security fund or irrevocable letter of credit to secure the 5 cost of removing the antenna or antenna array should it be determined to be 6 abandoned in accordance with Section 7.10.23(Q) of the Land Development Code. 8 9 5. Within 90 days after receiving Conditional Use Permit approval, the property 10 owner, Coastal Land Partners, Inc., shall convey the required road right of way 11 for Russakis Road. Manner and form of conveyance shall be acceptable to the 12 County Attorney. The sketch and legal description shall be prepared by a Florida 13 licensed surveyor and mapper. Pursuant to Chapter 7.05.03 of the St. Lucie 14 County Land Development Code, the property owner may be granted credits 15 towards road impact fees. 16 17 6. Within 90 days of the date of this final Conditional Use Permit approval or priorto 18 issuance of the building permit whichever comes first the applicant, PJ 19 Development, LLC shall enter into an agreement to pay a Fair Share contribution 20 for the paving of Russakis Road and Russos Road. The County Engineer shall 21 review the report submitted by the applicant's engineer and shall determine the 22 required fair share contribution. The Fair Share Agreement shall be presented to 23 the Board of County Commissioners for approval. 24 25 7. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant 26 shall have obtained and provided the Environmental Resources Department with 27 copies of any required federal and state permits. If federal or state agency 28 compliance requires modification to the development plans, the applicant will 29 promptly modify the plans and submit to St. Lucie County for review and approval 30 as required by the Land Development Code. The applicant will not use the 31 County's development approval to prevent compliance with any federal or state 32 agency requirements. 33 34 8. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant 35 shall execute an improvement agreement, acceptable to St. Lucie County, for the 36 cost of all required landscaping, irrigation, and related improvements as shown in 37 the landscape plan. A copy of this agreement can be obtained by visiting the St. 38 Lucie County Environmental Resources Department website at: 39 http://www.stlucieco.org/erd/index.htm. 40 41 B. The property on which this Conditional Use Permit approval is being granted/denied 42 is described as follows: 43 44 THE NORTH 687.06 FEET OF THE NW 1/4 OF THE SE 1/4 OF SECTION 3, 45 TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA LESS 46 THE WEST 5 FEET AND THE EAST 50 FEET OF THE WEST 60 FEET FOR 47 ROAD AND CANAL RIGHT OF WAY. 48 49 PARCEL CONTAINS 20 ACRES MORE OR LESS. January 5, 2010 Page 3 of 7 Resolution No. 10-002 File No.: CU. 720081507 1 2 LEASED PARCEL: 3 A PORTION OF THE NORTHWEST '/4 OF THE SOUTHEAST'/< OF SECTION 3, 4 TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, 5 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 6 COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF 8 THE SOUTHEAST 1/4 SAID SECTION 3; THENCE NORTH 00"17'57" EAST, 9 ALONG THE WEST LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 1333.69 10 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4,; THENCE 11 DEPARTING SAID WEST LINE, SOUTH 89A49'34" EAST, ALONG THE NORTH 12 LINE OF SAID SOUTHEAST'/4, A DISTANCE OF 115.00 FEET TO THE POINT 13 OF BEGINNING: THENCE CONTINUE SOUTH 89"4934" EAST, ALONG SAID 14 NORTH LINE, A DISTANCE OF 90.00 FEET; THENCE DEPARTING SAID 15 NORTH LINE, SOUTH 00"17'57" WEST, A DISTANCE OF 90.00 FEET; 16 THENCE NORTH 89"4934" WEST, A DISTANCE OF 90.00 FEET; THENCE 17 NORTH 00"17'57" EAST, A DISTANCE OF 90.00 FEET TO THE POINT OF 18 BEGINNING. 19 20 CONTAINING 0.1859 ACRES OR 8100 SQUARE FEET, MORE OR LESS. 21 22 Location: East side of Russakis Road, approximately 2,800 feet south of the St. 23 Lucie County and Indian River County boundary line. 24 25 Parcel ID Number: 1303-421-0001-000/3 26 27 C. The approvals and authorizations granted by this Resolution are for the purpose of 2E securing a Building Permit or Certificate of Zoning Compliance on this property. 29 Unless the developer, successor or assign has obtained a Building Permit or 30 Certificate of Zoning Compliance for the site plan described in Part A or an extension 31 has been sought pursuant to Section 11.07.05(F) of the St. Lucie County Land 32 Development Code, this approval shall expire on January 5, 2011. 33 34 D. The Conditional Use Permit approval granted under this resolution is specifically 35 conditioned to the requirement that the petitioner, PJ Development, LLC, including 36 any successors in interest, shall obtain all necessary development permits and 37 construction authorizations from the appropriate State and Federal regulatory 38 authorities, including but not limited to: the United States Army Corp of Engineers, 39 the Florida Department of Environmental Protection, and the South Florida Water 40 Management District, prior to the issuance of any local building permits of 41 authorizations to commence development activities on the property described in Part 42 B. 43 44 E. The Certificate of Capacity, a copy of which is attached to this resolution, shall 45 remain valid for the period of Conditional Use Permit approval. Should the 46 Conditional Use Permit approval granted by this resolution expire or an extension be 47 sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development 48 Code, a new Certificate of Capacity shall be required. 49 January 5, 2010 Page 4 of 7 Resolution No. 10-002 File No.: CU: 720081507 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 L 9 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 The conditions set forth in Part A are an integral nonseverable part of the approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the approval granted by this resolution shall become null and void. G. A copy of this resolution shall be attached to the Conditional Use Permit and accompanying site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director. H. The Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. A copy of this resolution shall be mailed, return receipt request to the property owner and petitioner of record. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on -site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and all applicable code requirements must be met to the satisfaction of the County before final site construction permits are issued. After motion and second, the vote on this resolution was as follows: Charles Grande, Chairman XXX Doug Coward, Vice -Chairman XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 5th day of January, 2010. ATTEST: DEPUTY CLERK January 5, 2010 Page 5 of 7 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Resolution No. 10-002 File No.: CU: 720081507 Exhibit A • Site Location Map *Area Subject to Conditional Use Permit Application January 5, 2010 Page 6 of 7 Resolution No. 10-002 File No.: CU: 720081507 Indian River County --------------------------------------------------------------- ry -C Cr- 0 C))t ), (1 VI 0 Of 01 0, Ui Subject property ndrio R re 0 St. Lucie Blvd ry Juanita Ave � � z Z ° o �1N Q DORIS DR m m w a ULYAN PKWY j o ' �q a Q z a = (6 ++ U) g w w O 0 O Cf v g t i d a � a co U O3AV-NOS83W3 L � 4O U U c C 3 _ E N E O U � N ♦' O ♦� �♦ C m Q ♦ O J O • C • c O f to ECID ■ _ --_ _ ,_.__ .... _. _ _ _..._.. ■ ♦, O O ■ ■ ■ ■ U■ o O o ■ ■ y-- cM ■ ■ ■ -C ' ■ O ' ■ ■ O C ■ ■ ■ O O ■ _l O to ■ ■ Q , O 0 ■ ■ O aasabssna _ c� c ■ 1 'ON lVNVO aWMdd� C Cu •E CL N a)o `♦ ..' U N U 3 � • • ■ r ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ = ■ s �� 1 N N n -� C O r, O I.L a) U cu O L CU a a c + O a cu ca °' o O U Cl- LO CL CY ! € . .. ■ ! € ■ ■ Exhibit B •Certificate of Capacity January 5, 2010 Resolution No. 10-002 Page 7 of 7 File No.: CU: 720081507 St Lucie County Certificate of Capacity Date 12/21 /2009 Certificate No. 2847 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 Telecommunication Tower Conditional Use Perini Number of units 0 Number of square feet 2. Property legal description & Tax ID no. 130342100010003 E.side of Russakis Road, 2,800 ft S. of Co. SL2623 Coastal Telecommunication Tower C 3. Approval: Building Resolution No. 10-002 Letter 4. Subject to the following conditions for concurrency: Subject to Resolution No. 10-003 being adopted by the Board of County Commissioners Owner's name P.J. Development Inc. Address 7341 Westport Place #A West Palm Beach FL 33413 6. Certificate Expiration Date 1/5/2011 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed Growth Management Director St Lucie County, Florida Date: 12/21/2009 Monday, December 21, 2009 Page 1 of 2 AFFIDAVIT COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS STATE OF FLORIDA COUNTY OF ST. LUCIE I �0AAA6 17 /► ACKIEWICebeing first duly sworn deposes and states: I am the owner or the agent for the project known as SL2623 Coastal Telecommunication Tower for the following petition: File No. CU 720081507 Conditional Use Permit and Paving Waiver. 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 (insert date) public hearing to be conducted by the Board of County Commissioners on the above -referenced petitions. The required signs were printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by St Lucie County Growth Management on (date). The following required documentation is attached: A. 2 Dated Photos (Close up) showing both signs B. 2 Dated Photos (Distant) showing both signs Further affiant sayeth not. e (Name of Affiant) STATE OF 4L0V_1PA ) COUNTY OF W h%R ZTI W ) The foregoing instrument was acknowledged before me this 6 CA day of 200_9_, by—TROMAS �TAGK%E WI i G--t_- . Said person (Check one) is personally known to me produced a driver's license (issued by a state of the United mates within the last five (5) years as identification, or produced other identification, to wit �,�r r No�ry P Stale of Florida � Paul A ° Ion DD 8 � My Co �'�orn� Exp Typed or Printed Name of Notary Commission No.: My Commission expires: beccm� , Form 08-48 CID cn (3> J CD C) C,> C/3 rz a) co r- ccCL- C-') 7t;5 :D cc -tz- E CD C> a> 7�;3 c co E a> E C— cc CD c:> C> C-> co C:> a> — C> CB a), iC:) C" n C 75 — W - E�- C:) cu C= CD C" cu CD W CD, C> C-) E a) cot V -C, C-5 cn C> C) cli CL cf> (D C.,:) -c:> C) cp -E CR r- — -2 C:) 9-_: cl-) Q. co C) cn E E E a) Co C) C> <D E C� cu C-> C) CN4 cz -T ca LL- cz C> U-3 cm.cn CL cp Z3 a> 1 - 4 C5 73 CD -aC> 9 ( C:: C%3 CL. a> aLa r a -C C3 ca O m C-> <6 W T- M cm Co cc 6 co C> C> c" C- Z3 CID n?: co cz> cn -XD 7:3 CZ5 cu CD --I — 0- Co C-Do C\j <5 W I=z C-,j E�31 0 C;6 w cz CIO co CIO Z= - w C. cn CD Cn C:)- CD C-) Board of County Commissioners Meeting Time: 6:00 PM Joe Smith 2300 Virginia Ave Fort Pierce, FL 34982 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Applicant PJ Development, LLC 7341 Westport Place #A West Palm Beach, FL 33413 772-692-4474 A ents Tom Mackiewicz 356 NW Alice Ave Stuart, FL 34994 772-692-4474 Proiect Location East side of Russakis Road, Ap- proximately 2, 800 feet S. of the SLC and IR Co. boundary Line. Future Land Use RE (Residential, Estate) Zoning AG-1 (Agricultural-1 du/ac) Staff's Recommendation Approval with Conditions Public Hearing Notice January 5, 2010 SL2623 Coastal Telecommunication Tower CU - 720081507 Proposed Conditional Use Permit and Paving Waiver Proiect Description PJ Development, LLC petitioned for a Conditional Use Permit to allow the construction and operation of a 130- foot monopole telecommunication tower and wireless communications compound in the AG-1 (Agricultural-1 du/ac) Zoning District for the project to be known as SL2623 Coastal Tele- communication Tower, File No. CU 720081507. The applicant will also be requesting a waiver from the paving requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the access roads, Russakis Road and Russos Road to the pro- posed project. Resolution 10-002 A resolution of the Board of County Commissioners of St. Lucie County, Florida, Granting a Conditional Use Per- mit for the project to be known as SL2623 Coastal Telecommunication Tower to allow for the construction and operation of a 130-foot monopole tele- communication tower and wireless com- munications compound in the AG-1 (Agricultural-1 du/ac) Zoning District on certain property situated in St. Lucie County, Florida. Resolution 10-003 A resolution of the Board of County Commissioners of St. Lucie County, Granting a waiver with conditions from the requirements of section 7.05.07 of the land development code requiring paved access to new development. The Board of County Commissioners has the power to grant any applica- tion within their area of responsibility. Therefore county policy strongly en- courages your input and comment at the public hearing. You may also mail (3 days in advance) or email comments for inclusion in the official record regarding this proceeding. This petition for this project is avail- able for review in the Growth Man- agement Department —please con- tact: Staff Linda Pendarvis Tel. 772-462-2822 Email pendarvisl@stlucieco.gov Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 Date Mailed 12/23/2009 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant To allow for the construction and operation of a 130-foot monopole Proposes telecommunication tower and a wireless communications compound in the The Following AG-1 (Agricultural-1 DU/AC) Zoning District. The applicant will also be Conditional Use: requesting a waiver from the paving requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the access roads, Russakis Road and Russos Road to the proposed project. Regarding Property East side of Russakis Road, 2,800 feet south of the St. Lucie County and Located At: Indian River County boundary line. Currently Zoned: AG-1 (Agricultural-1 DU/AC) Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Sarah Smith 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: January 2, 2010 1 AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE 1 HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name: (Please Print) Address: Date: Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name/ID: SL2623 Coastal File No. CU-720081607 Form No. 07-26 n O LA CO O O N n u d 3 0 c 0 'c E E 0 u f0 Y 0 O U M N N m oNo ON n m LD Ln m d m ry p u Lnm ry m a u m V u n Ln vi r N m m m m m m m m m m m O1 I r LL LL LL LL (/� LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL L U U u U m v m v ao m N m H m m u L N L L L E a °� E o w o Q o � C u j oO v v v v a m m d d a m 3 m m a m o o t o m 2 0 o t o v t C C t C a s T +' a) a) t O O v O O v w p N? 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LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA January 5, 201-0 NOTICE OF CONDITIONAL USE PERMIT AND WAIVER FROM THE PAVING REQUIREMENT PURSUANT TO SECTION 7.05.07 OF THE LAND DEVELOPMENT CODE FOR SITE PLAN APPROVAL The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following by resolution RESOLUTION NO. 10-002 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT FOR THE PROJECT TO BE KNOWN AS SL2623 COASTAL TELECOMMUNICATION TOWER TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF A 130-FOOT MONOPOLE TELECOMMUNICATION TOWER AND WIRELESS COMMUNICATIONS COMPOUND IN THE AG-1 (AGRICULTURAL — 1 DU/AC) ZONING DISTRICT ON CERTAIN PROPERTY SITUATED IN ST. LUCIE COUNTY, FLORIDA RESOLUTION NO. 10-D03 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A WAIVER WITH CONDITIONS FROM THE REQUIREMENTS OF SECTION 7.05.07 OF THE LAND DEVELOPMENT CODE REQUIRING PAVED ACCESS TO NEW DEVELOPMENT APPLICANT: PJ Development, LLC FILE NUMBER: CU 720081507 LEGAL DESCRIPTION: THE NORTH 687.06 FEET OF THE NW 1/4 OF THE SE 114 OF SECTION 3, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA LESS THE WEST 5 FEET AND THE EAST 50 FEET OF THE WEST 60 FEET FOR ROAD AND CANAL RIGHT OF WAY. PARCEL CONTAINS 20. ACRES MORE OR LESS. LEASE_ D PARCEL A PORTION OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE SOUTHWEST CORNER OFTHENORTHWEST 1/40FTHE SOUTHEAST 114 SAIDSECTION 3; THENCE NORTH 00°17'57" EAST, ALONG THE WEST LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 1333 69 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST 114,; THENCE DEPARTING SAID WEST LINE, SOUTH 89°49'34" EAST, ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 115.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE SOUTH 89°49'34" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 90.00 FEET, THENCE DEPARTING SAID NORTH LINE, SOUTH 00°17'57" WEST, A DISTANCE OF 90,00 FEET, THENCE NORTH 89°49'34" WEST, A DISTANCE OF 90,00 FEET; THENCE NORTH 00°17'57" EAST, A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.0252 ACRES OR 1100 SOLAR FEET, MORE OR LESS - LOCATION: East side of Russakis Road, 2,800 feet south of the St. Lucie County and Indian River County boundary line. PURPOSE: The purpose of this hearing is to consider an application for a Conditional Use Permit to allow the construction and operation of a 130 foot monopole telecommunication tower and wireless communications compound in the AG-1 (Agricultural-1 du/ac) Zoning District. The applicant will also be requesting a waiver from the paving requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the access roads, Russakis Road and Russos Road to the proposed project. The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday. January 5 2010 beginning at 6:00 P.M or as soon thereafter as possible All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Growth Management Department- Planning Division at least 3 days prior tothe scheduled hearing. The petition file is available for review at the Growth Management Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call 772/462-2822 or TDD 772/462-1428 if you have any questions or require additional information. The St. Lucie County Board of County Commissioners has the power to grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO Section 286 0105 Florida Statutes- if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. It it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Risk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 or T D.D. 772/462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA PUBLISH DATE: DECEMBER 26, 2009 /StCHARLES GRANDE, CHAIRMAN DIVISION OF ENGINEERING MEMORANDUM 09-178 TO: Robin Meyer, Assistant Growth Management Director FROM: Mike Powley, County Engineer jMVP DATE: August 21, 2009 SUBJECT: SL2623 Coastal Telecommunication Tower Please accept this memo confirming my support for allowing the referenced project to move forward. We have been. advised by our attorney's office that the applicant has met the provisions of the code that existed at the time of their submittal. Subsequent code changes cannot be enforced on this site plan. I hope that you will find this Information useful. Please advise if I can assist you further. = Lee Ann Lowery, Awistsnt County Administrator Doneid west, Pubk Works Diredor Ketherine McKenzie -Smith, Anistent County Attorney Ron Harris, County Surveyor John Frank, Sr. "ed Engineer 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 St. Lucie County Planning and Zoning Commission/Local Planning Agency Commission Chambers, 3`d Floor, Roger Poitras Annex August 20, 2009 Regular Meeting 6:00 P.M. A compact disc recording of this meeting, in its entirety, has been placed in the file along with these minutes as part of the record. In the event of a conflict between the written minutes and the compact disc, the compact disc shall control. 1. Call to Order Chairman Mundt called the meeting to order at 6:05 p.m. A. Pledge of Allegiance B. Roll Call Craig Mundt ................................. Chairman Barry Schrader ............................ Vice Chair Brad Culverhouse, Arrived 6:12 .. Commission Member Stephanie Morgan ....................... Commission Member Britt Reynolds .............................. Commission Member Tod Mowery ............................ Commission Member Members Absent Edward Lounds ............................ Excused Absence Kathryn Hensley .......................... Excused Absence Pamela Hammer .......................... Excused Absence Susan Caron ............................... Excused Absence Staff Present Mark Satterlee ............................. Director, Growth Management Robin Meyer ................................ Assistant Director, Growth Management Heather Young ............................ Assistant County Attorney Katherine Mackenzie -Smith......... Assistant County Attorney Diana Waite ................................. Sr. Planner, Growth Management Linda Pendarvis ........................... Planner, Growth Management Michael Brillhart ........................... Capital Improvement Manager Dawn Milone................................ Recording Secretary C. Announcements Mr. Satterlee stated that the next Planning & Zoning Commission Meeting will be held on Thursday, September 24, 2009. D. Disclosures 1 I Chairman Mundt welcomed Tod Mowery, Commissioner Dzadovsky's new appointee 2 to the Planning & Zoning Commission. 3 4 5 II. Minutes 6 Review the minutes from the July 23, 2009 regular meeting, for 7 approval. 8 9 Chairman Mundt stated a few corrections were passed on to the recording secretary. 10 11 These corrections have been made. 12 13 Ms. Morgan motioned to approve the minutes... 14 15 Vice Chair Schrader Seconded. 16 17 The motion carried unanimously. 18 19 20 Ill. Public Hearings 21 22 23 C. SL2623 Coastal Telecommunication Tower: CU 720081507 24 Petition of P.J. Development, LLC for a Conditional Use Permit site plan for the 25 project to be known as SL2623 Coastal Telecommunication Tower to allow for the 26 construction and operation of a 130-foot monopole telecommunication tower and 27 wireless communication equipment compound in the AG — 1 (Agricultural — 1 28 dulac) Zoning District. 29 30 Linda Pendarvis, Planner stated that the petitioner P.J. Development LLC is requesting 31 a conditional use permit to allow the construction and operation of a one hundred thirty 32 (130) foot monopole telecommunication tower and equipment compound in the AG-1 33 Zoning District. The property is located on the east side of Russakis Road, 34 approximately two thousand eight hundred (2,800) feet south of the St. Lucie County 35 northern boundary county line. The subject property is a twenty (20) acre tract 36 surrounded by agricultural land. The area that is leased by PJ Development for the 37 proposed tower site is located in the northeast corner of the subject parcel. The closest 38 single family residence to the proposed telecommunication tower is approximately one 2 I thousand four hundred five (1,405) feet to the south east. The adjacent properties are 2 also zoned Agricultural — 1. The future land use designation on the subject property and 3 the adjacent properties are Residential Estates which allows for one single family 4 dwelling unit per acre. The telecommunication tower and equipment will be located 5 within a 50X60 foot fenced in area. The 50X60 foot fenced in area will meet the 6 minimum setback requirement for the Agricultural 1 Zoning District. The applicant 7 provided an engineer's report indicating that the proposed tower will have a breaking 8 point of forty (40) feet from the top of the tower. The proposed tower will meet the 9 minimum setback requirement from all property lines. The fencing will be an eight foot 10 high board on board wood fence and gate and will be surrounded by a ten foot wide 11 landscape buffer. This area will be within the eight thousand one hundred (8,100) 12 square foot leased parcel. The lease parcel will be located in the northeast corner of 13 the subject property. 14 15 The Commission discussed if there would be any negative impacts on adjacent property 16 owners (none) and restricting the collocation aspect on the tower (this tower at a 17 minimum could have five (5) co -locators). 18 19 Paul Scott and Tom Mackiewicz, P.J. Development thanked staff for their attention they 20 given to this project and Linda Pendarvis for her excellent job. 21 22 Chairman Mundt opened the public hearing. 23 24 No one spoke. 25 26 Chairman Mundt closed the public hearing. 27 3 I Ms. Morgan pointed out that all responses received to date have been opposed to this 2 project which is fifty-one percent (51 %). It was noted that the fifty one percent (51 %) is 3 a single land owner. 4 5 Chairman Mundt questioned the forty (40) foot fall radius, asking staff if this is a 6 breakaway point on the tower by construction and the wind load break away. 7 8 Mr. Scott explained that the tower has to withstand one hundred thirty (130) miles an 9 hour constant wind speed with a three (3) second gust to one hundred fifty (150) miles 10 an hour. 11 12 Mr. Scott went on to say, if anything should fail on the towers design the top forty (40) 13 feet would fold over. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Mr. Culverhouse stated putting an Industrial Use in an AG — 1 (Agricultural — 1 du/ac) Zoning District will devalue the surrounding area. Chairman Mundt pointed out, fifty-one percent (51 %) of the property owners opposed this project (fifty one percent (51%) is a single land owner). This project would have to be approved as a super majority vote by the Board of County Commissioners. Vice Chair Schrader motioned after considering the testimony presented during the public hearing including staff comments and the standards of review set forth in Ordinance 08-008 and Section 11.07.03 St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission of recommend that the St. Lucie County Board of County Commissioners grant approval to the application of P.J. Development LLC a Conditional Use Permit Site Plan to allow the construction and operation of one hundred thirty (130) foot monopole telecommunication tower and wireless communication equipment compound in the AG — 1 (Agricultural — 1 du/ac) Zoning District because it is in compliance with the land out there and the surrounding areas are not impacted by the tower construction. 4 Mr. Reynolds seconded. 2 3 Ms. Morgan - yes 4 Mr. Culverhouse - no 5 Mr. Mowery- yes 6 Mr. Reynolds - yes 7 Vice Chair Schrader - yes 8 Chairman Mundt - yes 9 10 The motion carried 5-1 with Mr. Culverhouse dissenting. 5 FILE CC'" GROWTH MANAGEMENT DEPARTMENT PLANNING MEMORANDUM TO: Planning and Zoning Commi ers E THROUGH: Robin Meyer, Assistant Gro ge en Director `3 FROM: Linda Pendarvis, Planner DATE: August 14, 2009 SUBJECT: Addendum to Agenda Item 3-C P. J. Development, LLC presented a petition on behalf of the Coastal Land Partners, Inc. for a Conditional Use Permit to allow the construction and operation of a 130-foot monopole telecommunication tower and wireless communication equipment compound in the AG-1 (Agricultural —1 du/ac) Zoning District. The Conditional Use Permit require notices be sent to property owners within a 500 foot radius. Since the time Planning Department mailed the Staff Report to the Planning and Zoning Board for SL2623 Coastal Telecommunication Tower application, staff has received the attached response forms. Attach is the list of property owners and the response form received as of today. Please let me know if you have any questions. n 0 14 N 00 0 0 N n u v 3 0 c O A u E E O v f9 A O u M N t0 N J v c c v m O a v 0 FF N 3 uIl�ol'n �) �!^I it`!�i ool�'N n vl { �f Olf�lo0 rn vlim v!QI�N N oo V r1 � ! n m Ql Im l0 ii'��lD e1 N W O{Nltp!�ic I M1m Olm �i� e-i cf�0 ,--i1ro N�1-'1� I ! �I jII ,i I I ( x�xlxjx xLL i 1 LLry 1 v I i i I ii J �v, 1 I i I j �_! ;.{ Q) LL Icoi s E E E E! i CL I> > J! i! ( ` Ji i �! �I I J i J I ! ! I I I (J!J!JIJi i i E _G a en,a(a( I I ; cvi f0 i-c c aim i J I J( I i v, U U U U U U t II E �C Y Y { Y ! Y ( O {' I C I C, c i c: c: c 3 3� of c of �� � I 0 9 1 4 LL! LL E n' ° N °i N( � I °!� v ii o, o of x' x X 1i x� of X I O 21 Z�m I U; U? �I U- U- ! I ! 2�.J!� � �I �I�{N tnI vl!N 1 to, tnl r. crn c O O O�0 OHO O Ot0 0 O 0 01O O 10 OIO O'O Oi0 O .--+ O OHO O .1 0 O 0 CIO 0i0 0!0�0l0 O ! O 1 O O OQ O 0 (0 O O O O O� O 0 0� 0 i 0+ t -11 0 1 0� 0� r-4 1 0� O� 0 0 0 0 O O I O O O O O�0 0 0 O O O 0I0i0 0!0 0 0lolllj0 0'OI0 o oio 0 0 01010 O 0 0 O 0 0 0 O 0 O� 0) O OM!V!m r-1 1-1 M N N N N� T I m l m M ci M N f V N r-1 �--1 m m M , N NIm r-1 --1 .-i � m.--i��(� '-1 .-� a� �--1 '-1 N N O m m m m I M i fn re) M re) m r» m 0 0!OID; o ms O C0 c�o m rn m m mf O o{O m m ro o rn 0 0�0 r» m m 0�0 m 0 010 rnlm, ry) m o m� CU 720081507 PJ Development, LLC - SL2623 Coastal Telecommunication Towers Acres within 500 ft Radius 70 -- 60 A 50 - - --- C 40 - - -- 30 - E 20 10 0 0% 51% 100% 0% z Total ( 69.36 Acres) Have No Opinion ( 0 Acres) Not In Favor ( 35.62 Acres) In Favor (0 Acres) Section 11.07.01 (C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. 1` Q) c 0 CIO E O co 0 Co co N CO Cal 1 U) j 1 V J AbN SS13 Z -< M 0 CD N h. CL CL r Z m m m CL Ci m + s ito • . ■ ■i. • ■ .. ■ . ■ . ■ MINE ■ aisip C> i ; ■ ■ ■ • w • ■ n; co u , ■ ■ ■ r' r; r; ti;; N ■ ■ ■ ■ r` t{E ■ ■ 1 jjj ■ r o J 'fMl -PLAIN ? C111A,.I.N ►v it t ♦= r :� ct � r- iv c 0 0 BOARD OF COUNT` COMMISSIONERS August 18, 2009 Via Fax Sexton Citrus, LLC Randy Sexton 695 S. US Hwy 1 Vero Beach, FL 32962 Re: SL2623 Coastal File No. CU-720081507 Dear Mr. Sexton: G ROV1fTH MANAGEMENT The Growth Management Department is in receipt of your conditional use response form opposing the subject application. The response form will be provided to the Board members for the August 20th Planning and Zoning Board public meeting. The meeting is a public hearing and you or a representative is encouraged to attend the meeting. The subject application is consistent with St. Lucie County Land Development Code. You may obtain a copy of the staff report for your review in the Growth Management Department located at 2300 Virginia Avenue, Fort Pierce or online at our web site http://w".stiucieco.gov/growth/index.htm. under "Draft Agenda Items" for P&Z Agenda Items, 8/20/2009. I trust that this information will be of help to you. Please do not hesitate to call me at 772.462.1562 or e-mail pendarvisl(a)-stlucieco.org if you have any questions or require any further information. Sincerely, - Linda Pendarvis Planner cc: Planning and Zoning Commission PJ Development, LLC Coastal Land Partners Inc File 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.gov 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 GROWTH MANAGEMENT - Phone (772) 462-2822 FAX (772) 462-1581 SENT BY FAX AUGUST lei, 200 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners, The Applicant Proposes To allow for the construction and operation of a 130-foot monopole The Following telecommunication tower and a wireless communications compound in Conditional Use: the AGA (Agricultural-1 DU/AC) Zoning District. Regarding Property East side of Russakis Road, 2,800 feet south of the St. Lucie County and Located At: Indian River County boundary line. Currently Zoned: AG-1 (Agricultural-1 DU/AC) y Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Sarah Smith s `' 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 a Please check only one of the three following statements and return by: August 16, 2009 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Sexton Citrus LLC Address: 695 South US Highway 1, Vero Beach, FL 32962 Date: �t G� Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Our company owns several parcels in the vicinity of the proposed location. The proposed tower location abuts the southeast corner of one of those parcels We are concerned about the damage possible if the tower were to fall on our property. Project Name/ID: SL2623 Coastal File No. CU-720081507 Form No. 07-26 08/14/2009 15:36 7727701893 OSLO CITRUS GPnWERS PAGE 01 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of atl of the Board of County Commissioners phcant t ores To allow for the construction and operation of a 130-foot monopole The Following telecommunication tower and a wireless communications compound in Tonal Use: the AGA (Agricultural-1 DU/AC) Zoning District. EgggjkIMMpefty East side of Russakis Road, 2,800 feet south of the St. Lucie County and SR t: Indian River County boundary line. Currently Zoned. AG-1 (Agricultural-1 DU/AC) BY Please Retum To: St. Lucie County, Department of Growth Management Planning Division — Sarah Smith 2300 Virginia Avenuee,, Ft. Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: August16, 2009 1 AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 50D feet of the proposed Conditional Use. Name (Please Print): Sexton Citrus LLC Address' 695 South US Highway 1, Vero Beach, FL 32962 Date: ( t Signed. Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Our company owns several parcels in the vicinity of the proposed location. The proposed, tower location abuts the southeast corner of one of those parcels. We are concerned about the damage pong�ble if the tower were to fall on our property. Project Name/ID: SL2623 Coastal File No. CU-T20081507 Form No. 07-26 COUNTYBOARDOF X169. y: August 18, 2009 Via Fax J. B. Egan, III Karen K. Egan P.O. Box 1208 Vero Beach, FL 32961 Re: SL2623 Coastal File No. CU-720081507 Dear Mr. and Mrs. Egan: GROWTH 11 a The Growth Management Department is in receipt of your conditional use response form opposing the subject application. The response form will be provided to the Board members for the August 20th Planning and Zoning Board public meeting. The meeting is a public hearing and you or a representative is encouraged to attend the meeting. The subject application is consistent with St. Lucie County Land Development Code. You may obtain a copy of the staff report for your review in the Growth Management Department located at 2300 Virginia Avenue, Fort Pierce or online at our web site http://www.stlucieco.gov/growth/index.htm. under "Draft Agenda Items" for P&Z Agenda Items, 8/20/2009. I trust that this information will be of help to you. Please do not hesitate to call me at 772.462.1562 or e-mail pendarvislC�stlucieco.org if you have any questions or require any further information. Sincerely, Linda Pendarvis Planner cc. Planning and Zoning Commission PJ Development, LLC Coastal Land Partners Inc File CHRIS DZADOVSKY, District No I - DOUG COWARD, District No. 2 e PAULA A- LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 o CHRIS CRAFT, District No. 5 County Administrator — Faye W. Outlaw, MPA Website: www.stlucieco.gov 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 GROWTH MANAGEMENT - Phone (772) 462-2822 FAX (772) 462-1581 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners, The Applicant Proposes The Following Conditional Use Regarding Property Located At Currently Zoned: To allow for the construction and operation of a 130-foot monopole telecommunication tower and a wireless communications compound in the AGA (Agricultural-1 DU/AC) Zoning District. East side of Russakis Road, 2,800 feet south of the St. Lucie County and Indian River County boundary line. AG-1 (Agricultural-1 DU/AC) Received By Please Return To: St. Lucie County, Department of Growth Management AUG 1 � Planning Division - ATTN: Sarah Smith 2300 Virginia Avenue, Ft. Pierce, FL 34982 G(om Fax # 772-462-1581 �4��Ei Please check only one of the three following statements and return by: August 16, 2009 1 AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print) J. _ B. Egan, -III Karen K Egan Address: P 0 Box 1208, Vero Beach, FL 32961 our parcel number 1303-143-0001.000/0 Date: 9 -/y , b / Signed: +�� A�_ Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: It appears on the drawing that the proposed location abuts the southwest corner of our property. If something were to happen, causing the tower to fall it would endanger our property, Project Name/ID: SL2623 Coastal File No. CU-720081507 Form No. 07-26 08/17/2009 09:30 7727701893 OSLO CITRUS Go7WERS PAGE 02 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (56) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes To allow for the construction and operation of a 130-loot monopole The Following telecommunication tower and a wireless communications compound in Conditional Use: the AGA (Agricultural-1 DUTAC) Zoning District. Regarding Property East side of Russakis Road, 2,800 feet south of the St. Lucie County and Located At: Indian River County boundary line. Currently Zoned: AG-9 (Agricultural-1 DU/AC) Ott Now — Please Return To: St. Lucie County, Department of Growth Management Ot,q Sarah Smith 1 Planning Division -ATTN: k..J 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax 0 772-462-1581 ML iWWWA Please check only one of the three following statements and return by: August 16. 2009 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): J.. B.. Egan, III Karen K Egan Address: P 0 Box 1208, Vero Beach, FL 32951 our parcel number 1303-143-0001.000/0 Date: $ �y b� Signed: Please mote that any form returned without a name and address will not be considered_ All returned forms are a matter of public record and available for viewing upor, request. Comments: It appears on the drawing that the proposed location abuts the southwest corner of our property. If something were to happens causing the tower to fall it would endaogt<r our property Project Name/ID: SL2623 Coastal File No, CU-720081507 Form No. 07-26 BOARD OF COUNTY COMMISSIONERS August 10, 2009 Return Receipt: Robert G. Sexton P.O. Box 1208 Vero Beach, FL 32961 91 7108 2133 3936 7752 9473 Re: SL2623 Coastal File No. CU-720081507 Dear Mr. Sexton: FILEA COPY GROWTH MANAGEMENT The Growth Management Department is in receipt of your conditional use response form opposing the subject application. The response form will be provided to the Board members for the August 201h Planning and Zoning Board public meeting. The meeting is a public hearing and you or a representative is encouraged to attend the meeting. The subject application is consistent with St. Lucie County Land Development Code. I have enclosed a copy of the staff report which is provided to the Planning and Zoning Board. I trust that this information will be of help to you. Please do not hesitate to call me at 772.462.1562 or e-mail pendarvislCa.stlucieco.org if you have any questions or require any further information. Sincerely, "'4'�4y'L) Linda Pendarvis Planner cc: Planning and Zoning Commission PJ Development, LLC Coastal Land Partners Inc File CHRIS DZADOVSKY, District No. t - DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 - CHARLES GRANDE, District No. 4 - CHRIS CRAFT, District No. S 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 YJG/U//zuu:; 1_l... rrt. rya vim.+ ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) Beet of the property affected by the proposed action, any such Conditional Use Permit sha(i not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant Proposes To allow for the construction and operation of a 130-foot monopole The Following telecommunication tower and a wireless communications compound in Conditional Use. the AG-1 (Agricultural-1 DUTAC) Zoning District. Regarding Property East side of Russakis Road, 2,800 feet south of the St. Lucie County and Located At, Indian River County boundary line_ ad Currently Zoned: AG-1 (Agricultural-1 DU/AC) . 1 NOW V# Please Return To: St. Lucie County, Department of Growth Management 0 . 200 Planning Division - ATTN: Sarah Smith 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax 0 772-462-1591 Please check only one of the three following statements and return by: Auqust 16, 2009 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE t HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print)'. kobe,,+ G. 5� 46-, Address: P;b. 13 t,t f 2,09 -t VP./b �G • , P1� 3; 4 --- Date: 7 Wdq Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: -U l 5 t o c_A Or O' )61 S RrOP &I y • UP541j k +0 P6k4 l Oil U41r bo%/%oZ'r4 I+ AjFevts oal prep VkJ&tLs3 Q ��ZC4ro1 f as 4 Project Name/ID; SL2623 Coastal File No. CU-7200815 7 c;Q��,.�m71rti PrDP t� I to L tn' #* Y% ` ° -� a r Form No. 07-26 r,l_ S . (�l F 5 �%rD7ti g h o OPO � '��� � S � r•cpre +"'I , �,rr1d. ,f- .'���/�� Agenda Request To: Planning and Zoning Commission Submitted By: Growth Management Department Item Number 1 1 l — 0 Meeting Date: 08/20/2009 Regular [ j Public Hearing [ X j Quasi -JD [Xj Presented By: Linda Pendarvis, Planner SUBJECT: Petition of PJ Development, LLC for a Conditional Use Permit site plan to allow telecommunication tower compound. BACKGROUND: See attached staff report. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Forward a recommendation of approval to the Board of County Commissioners for the application of PJ Development, LLC for the proposed Conditional Use Permit site plan, subject to eight conditions of approval. Planning and Zoning: APPROVED DENIED OTHER Coordination/Signatures County Attorney ( ) I p rM County Surveyor ( ) ��� aniel S. McIntyre Ron Harris County Engineer ( ) Originating Dept. ( ) Iicha owley Mark atterlee ERD ( ) 9 Karen i Form No. 07-28 PLANNING & ZONING COMMISSION P&Z Hearing Date: August 20, 2009 Thursday @ 6:00 PM GM File Number CU720081507 Applicant PJ Development, LLC 7341 Westport Place #A West Palm Beach, FL 33413 772-692-4474 Property Owner Coastal Land Partners, Inc. 1975 Sansburys Way #114 West Palm Beach, FL 33411 Property Location Russakis Road 2,800' S. of County line Land Use & Zoning RE (Residential, Estate) AG-1 (Agricultural-1 du/ac) Staff Recommendation Forward a recommendation of approval to the Board of County Commissioners for the applica- tion of PJ Development, LLC for the proposed Conditional Use Permit site plan, subject to eight conditions of approval. su*d prty 8i 8'i a sl p St Luca BNC � N ore, ,A PJ Development, LLC Conditional Use Permit Site Plan 1►$.T. .L U C I E COUNTY F L O R I D A 0 AGENDA ITEM No. Location: East side of Russakis Road, approximately 2,800 feet south of the St. Lucie County and Indian River County boundary line. 'roject Description 'etition of PJ Development, LLC to con- ider a Conditional Use Permit application allow the construction and operation of a 30-foot monopole telecommunication )wer and wireless communication equip- ient compound in the AG-1 (Agricultural— du/ac) Zoning District. Further details are available in the Growth Management Department - Please contact: Staff: Linda Pendarvis, Planner Tel. 772.462.1562 Background: PJ Development, LLC is leasing E-mail pendarvisl@stlucieco.org eighty-one hundred (90'X90') square feet of land area of a 20 acre parcel for a wireless Address: 2300 Virginia Avenue communication tower and equipment com- Fort Pierce, FL 34982 pound. Anyone with a disability requiring accom- The tower and equipment compound will be a modation to attend this meeting may con - fenced in 50'X60" area with a ten foot land- tact the SLC Community Service Director scaped strip around the perimeter. at least 48 hours in advance at 772.462.1777 or TDD 772.462.1428 Notice Requirements: Public hearing notice sent to property owners within 500 feet of the subject property (see map above), published in the local newspaper and posted on the site. 1 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 Commission Review: August 20, 2009 File Number: CU 720081507 STAFF REPORT GROWTH MANAGEMENT DEPARTMENT To: Planning & Zoning Commission Through: Robin Meyer, Asf Q"4 Management Director Kristin Tetsworth, Planning Manager Prepared by: Linda Pendarvis, Planner If Item: CU 720081507 Date: July 28, 2009 Subject: Application of P. J. Development, LLC presented a petition on behalf of the Coastal Land Partners, Inc. for a Conditional Use Permit to allow the construction and operation of a 130-foot monopole telecommunication tower and wireless communication equipment compound in the AG-1 (Agricultural — 1 du/ac) Zoning District. GENERAL INFORMATION Property Owner: Coastal Land Partners Inc. Daniel F. Ryan 1975 Sansburys Way #114 West Palm Beach, FL 33411 561-722-0346 Agent/Applicant for P J Development LLC the Property Owner: Tom Mackiewicz 7341 Westport Place #A West Palm Beach, FL 33413 72-692-4474 (Fax 772-692-4475) mackiewicz 'devl.com Civil and Structural Engineer: Kimley — Horn and Associates, Inc. Alberto Rios 431 Embarcadero Drive West Palm Beach, FL 33407 561-845-0665 Tower Site Lease Compound PJ Development, LLC Owner: IPaul Scott STAFF REPORT DATE: July 28, 2009 Page 1 of 17 APPLICATION NO.: CU 720081507 Form No. 07-15 PREPARED BY: Linda Pendarvis 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 7341 Westport Place Unit A West Palm Beach, FL 33413 772-692-4474 Landscape Architect: Laurence L. Parr 344 SW Winnachee Drive Stuart, FL 34994 72-219-3811 (Fax 772-219-4211) Licensed Surveyor and Mapper dvanced Land Surveying & Mapping G.P.S. and Conventional Survey Services Kirk B. Mitchell P.O. Box 560698 Orlando, FL 32856-0698 07-509-2305 Fax 407-540-0497) Requested Action/Purpose: A Conditional Use Permit application requesting approval to construct and operate a 130-foot monopole telecommunication tower and equipment within an 8,100 square foot leased land area to be used as a wireless communication equipment compound. PROPOSED DEVELOPMENT INFORMATION: Location: East side of Russakis Road, 2,800 feet south of the St. Lucie County and Indian River County boundary line. The subject property is located within the TVC (Towns, Villages and Countryside) Comprehensive Plan Element Boundary. Parcel ID Number: 1303-421-0001-000/3 Address: Russakis Road Parcel Size: 20 acres (8,100 square feet lease area for Telecommunication Tower Compound Site) Proposed Use(s): Telecommunication Tower Compound Lease Site Existing Use(s) Agricultural (Grazing) Historic Buildings: The subject property has no historic buildings on site. TVC Overlay Zone: The TVC Overlay District does not have any additional requirements for towers. Section 4.04.04.0 indicate that owners of land are encouraged to initiate, continue or expand agricultural uses (including forestry and equestrian uses) in accordance with the requirements of the agricultural zoning district that applies to the land. STAFF REPORT DATE: July 28, 2009 Page 2 of 17 APPLICATION NO.: CU 720081507 Form No. 07-15 PREPARED BY: Linda Pendarvis 2 0 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 Existing Zoning: AG-1 (Agricultural — 1 dwelling unit per acre) 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 gross acre. Attachment "A" - Section 3.01.03(A) - contains the designated uses, which are permitted by right, permitted as an accessory use, or permitted through the conditional use process. Any use designated as a "Conditional Use" is required to undergo further review and approvals. Future Land Use Designation(s): RE (Residential, Estate) The Residential Estate (RE) land use category is intended to act as a transitional area between the agricultural areas and the more intense residential areas in the eastern portion of the County. This category is found predominantly along the western edge of the urban form, but is also appropriate for areas of special environmental concern. The RE designation is intended for large lot, single-family detached residential dwellings, at a density of one unit per gross acre. These areas are not required to be served with central utilities, however when at all practical, service connections should be provided. The RE designation is 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 8 units must be approved through the Planned Unit Development (PUD) process as provided for in the Land Development Regulations; • Any residential development 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 one (1) unit per one (1) gross acre. TYPE OF CONCURRENCY DOCUMENT — Certificate of Capacity STAFF REPORT DATE: July 28, 2009 Page 3 of 17 APPLICATION NO.: CU 720081507 Form No. 07-15 PREPARED BY: Linda Pendarvis 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 LOCATION AND SITE INFORMATION LOCATION MAP East Side of Russakis Road, approximately 2,800 feet south of the St. Lucie County and Indian River County boundary line. River STAFF REPORT DATE: July 28, 2009 Page 4 of 17 APPLICATION NO.: CU 720081507 Form No. 07-15 PREPARED BY: Linda Pendarvis 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AERIAL PHOTO (2006) Adjacent Existing and Proposed Development To the north: Vacant Agricultural To the south: Vacant Agricultural and single-family residence To the east: Vacant Agricultural To the west: Vacant Agricultural STAFF REPORT DATE: July 28, 2009 Page 5 of 17 APPLICATION NO.: CU 720081507 Form No. 07-15 PREPARED BY: Linda Pendarvis 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ZONING MAP Zoning District Designations of Abutting Properties To the north: AG-1 (Agricultural — 1) To the south: AG-1 (Agricultural — 1) To the east: AG-1 (Agricultural —1) To the west: AG-1 (Agricultural — 1) STAFF REPORT DATE: July 28, 2009 Page 6 of 17 APPLICATION NO.: CU 720081507 Form No. 07-15 PREPARED BY: Linda Pendarvis 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 FUTURE LAND USE MAP Future Land Use Designations of Abutting Properties To the north: RE (Residential, Estates—1du/ac) To the south: RE (Residential, Estates — ldu/ac) To the east: RE (Residential, Estates—1du/ac) To the west: RE (Residential, Estates — 1 du/ac) STAFF REPORT DATE: July 28, 2009 Page 7 of 17 APPLICATION NO.: CU 720081507 Form No. 07-15 PREPARED BY: Linda Pendarvis K 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BACKGROUND INFORMATION County Project Number: CU720081507 Application Type(s): onditional Use Permit Date Application Originally Submitted: uly 31, 2008 Review Comment Due Date: August 7, 2008 TRC Meeting Date: August 7, 2008 Dates of DRC Report: August 28, 2008 September 5, 2008 October 28, 2008 January 9, 2009 Dates of Re -Submittal: September 24, 2008 October 6, 2008 November 13, 2008 Development Review Committee Meeting August28,2008 Date: December 11, 2008 February 09, 2009 July 14, 2009 Planning and Zoning Commission Meeting Date: u ust 20, 2009 Board of County Commissioners Meeting Date —TBD Date: STANDARDS OF REVIEW AS SET FORTH IN SECTION 7.10.23 AND SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed Conditional Use Permit application was submitted on July 31, 2008. The application was reviewed in accordance with Conditional Use Section 11.07.03 and Ordinance No. 08-008 which amended Section 7.10.23 Wireless Telecommunication Towers and Antennas, adopted on June 17, 2008 by the Board of County Commissioners. The SL2623 Coastal Telecommunication Tower site plan is not in conflict with any applicable portions of the St. Lucie County Land Development Code. Section 3.01.03(A)(7), AG-1 (Agricultural — 1 du/acre) Zoning District subject to the requirements of Section 7.10.23, which allows communication towers as a conditional use. The requested Conditional Use Permit site plan will allow the construction and operation of a 130-foot monopole telecommunication tower and equipment building within an 8,100 square foot leased land area to be used as a wireless communication compound in the AG-1 Zoning District. STAFF REPORT DATE: July 28, 2009 Page 8 of 17 Form No. 07-15 APPLICATION NO.: CU 720081507 PREPARED BY: Linda Pendarvis 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 In The compound will be enclosed with an eight foot high wood fence and ten foot wide landscape buffer. There are no other wireless communications facilities that can be used for adequate capacity and or coverage. Additionally, there are no such facilities within more than a two mile radius of this site. The closest existing telecommunication towers are: • 2.2 miles south • 2.5 miles NW in Indian River County • 3.17 miles east No other parcel has been found within this coverage area that is appropriately zoned or if appropriately zoned, not large enough to meet St. Lucie County requirements. This petition for a Conditional Use Permit requires a review and recommendation from the Development Review Committee (DRC) and the Planning and Zoning Commission. Pursuant to the Land Development Code Section 11.07.05(C) and (D) the Board of County Commissioners shall take final action on this petition. EFFECT ON NEARBY PROPERTIES The proposed conditional use is not expected to adversely impact the surrounding properties. Pursuant to Ordinance No. 08-008 amending Section 7.10.23 (N) Table 7-40 the proposed tower must be separated from any habitable residential structure a minimum of 200% (260 feet) of the telecommunication tower height. This tower is separated approximately 1,405 feet from the nearest adjacent single family residence. The proposed telecommunication tower shall be setback from all property lines a minimum distance of the fall radius of the tower or the minimum setback for the zoning district, whichever is greater. The applicant provided a certified engineered report by DaVinci Engineering, Inc. that the proposed monopole would yield at the 90' (ft) elevation, resulting in a maximum 40' (ft) fall radius. Setbacks AG-1 50'X60' 130' 130' Minimums' Fenced Monopole Monopole Leased Area Tower Tower Minimum North 20' side 20' 40' 50' South 20' side 606' 40' 637' East 30' rear 30' 40' 55' STAFF REPORT DATE: July 28, 2009 Page 9 of 17 Form No. 07-15 APPLICATION NO.: CU 720081507 PREPARED BY: Linda Pendarvis 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 West 50' front 1188' 40' 1213' The telecommunication tower compound will be completely enclosed with an opaque security fence eight (8) feet in height. The telecommunication tower compound will have a landscaped strip at least ten (10) feet wide outside of the perimeter of the compound. The accessory equipment buildings must satisfy the minimum zoning district setback requirements. The proposed tower is located in an old citrus grove which is now used for cattle grazing. Surrounding properties are also used for agricultural production services. C. ADEQUACY OF PUBLIC FACILITIES This conditional use is not expected to create significant additional demands on any public facilities in this area. Access to the property is provided through Russakis Road via Indrio Road. The fair share analysis provided indicated that there would be approximately one visit per month for the maintenance of the tower and its associated equipment by each provider. Water Service Provider: N/A Wastewater Service Provider: N/A Transportation Impacts: The applicant will be requesting a waiver from the Board of County Commissioners from the following Code provision: Section 7.05.07 — Paving Requirements for Roads that Access Developments Requiring Site Plan Approval that Utilize Unpaved Public and Private Roads for Access. Paving requirements are established to ensure that adequate road - improvements are provided to adequately serve the development. Paving requirements shall apply to developments requiring site plan approval that utilitze unpaved public or private roads and roadways for access. The proposed Conditional Use Permit application shall be subject to the paving of Russakis Road to the nearest all weather surface County road. The nearest all weather surface County road is Indrio Road which located approximately one mile north of the subject property. STAFF REPORT DATE: July 28, 2009 Page 10 of 17 Form No. 07-15 APPLICATION NO.: CU 720081507 PREPARED BY: Linda Pendarvis 1 Paving requirements shall be waived by the Board of County 2 Commissioners. PJ Development, LLC will be requesting that the Board 3 consider a fair share contribution towards the paving and improvements of 4 Russakis Road based on the project's traffic impacts. Pursuant to Land 5 Development Code Section 7.05.07(B)(4) developments determined by 6 the County Engineer to be a small traffic generator, defined as 7 developments generating less than one hundred average daily trips, the 8 applicant shall submit funds in the amount of the developments fair share 9 of paving costs as determined by the Board of County Commissioners. 10 The calculation of the developments fair share of the paving cost shall be 11 based on three methodologies (1) front footage of the subject parcel; (2) 12 the estimated average daily traffic of the development; and (3) the number 13 of driveways. All three methodologies shall be based on the full 14 development potential of the subject parcel. The current zoning district 15 will allow for one dwelling unit per acre. 16 17 The applicant will be requesting that the Board of County Commissioners 18 consider not only the waiver from the paving requirements but also the 19 area of the development to be narrowed down to the lease area of 8,100 20 square feet as opposed to the full development potential of the total 21 twenty acre parcel. 22 23 Right -of -Way Adequacy: The existing right-of-way for Russakis Road is 24 50 feet. Pursuant to Section 7.05.03 of the Land Development Code the 25 minimum right-of-way for Russakis Road is 70 feet. The County's practice 26 is to split the minimum right-of-way dedication of land along both sides of 27 the road. However there is a canal along the west right-of-way of 28 Russakis Road therefore all of the additional right-of-way must be 29 obtained to the east right-of-way of Russakis Road. SL2623 Coastal 30 Telecommunication Tower Conditional Use Site Plan is subject to the 31 dedication of twenty (20) feet of right-of-way for the future expansion of 32 Russakis Road along the west property line of the subject property. The 33 adjacent parcel that is identified by parcel number 1303-421-0002-000/0 34 located to the south of the subject property is also owned by Coastal Land 35 Partners, Inc. Concurrently, Coastal Land Partners, Inc has agreed to 36 dedicate twenty (20) feet along the west property line of this property with 37 the subject property for the future expansion of right-of-way of Russakis 38 Road. 39 40 Pursuant to Chapter 7.05.03 (I, 3, b) of the St. Lucie County Land 41 Development Code compensation shall be given by payment of cash as 42 determined by the County. Compensation for the dedication of right-of- 43 way shall be valued at one hundred twenty percent (120%) of the most 44 recent assessed value as determined by the County Property Appraiser. 45 46 Calculated values for the Russakis Road right-of-way donation: STAFF REPORT DATE: July 28, 2009 Page 11 of 17 Form No. 07-15 APPLICATION NO.: CU 720081507 PREPARED BY: Linda Pendarvis 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 43 44 Assessed Land Value = $928,200 x 1.20% = $1,113,840.00 Total acres 30.81 (1058.41' x 1268.09') = 1,342,159.13 sq.ft. Value per sq. ft. = $0.83 Right of way donation; 1058.41' x 20' = 21,168.20 sq.ft. Total value of right of way donation 21,682.20 x $0.83 = $17,569.61 Scheduled Improvements: None scheduled at this time. D. ADEQUACY OF FIRE PROTECTION Fire/EMS Protection Station #7 at 4900 Fort Pierce Blvd is located approximately 3.5 miles southeast of the proposed telecommunication tower site. The applicant for the proposed conditional use has obtained from the St. Lucie County Fire District confirmation supporting the site plan subject to the following conditions: o The compound access road shall be constructed to support 32 tons of fire apparatus. o Russakis Road shall be maintained to minimum county road standards at all times. E. ENVIRONMENTAL IMPACT The proposed project would involve construction of a telecommunications tower within a 50-foot by 60-foot fenced compound on the east side of Russakis Road, approximately 2,800 feet south of the St. Lucie County and Indian River County boundary line. The subject site is currently vegetated primarily with abandoned citrus grove and cow pasture. No native vegetation will be disturbed as a result of the proposed development. Findings: The proposed development is not expected to result in adverse environmental impacts. Recommendations: Staff supports the recommendation of approval of the Coastal Telecommunications Tower Major Site Plan and Conditional Use application. Conditions of Approval 1) The applicant will comply with any state and federal agency regulations and requirements. Prior to issuance of a Vegetation Removal Permit or STAFF REPORT DATE: July 28, 2009 Page 12 of 17 Form No. 07-15 APPLICATION NO.: CU 720081507 PREPARED BY: Linda Pendarvis 10 11 12 13 14 15 16 17 18 19 20 21 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 compliance with any federal or state agency requirements. 2) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall execute an improvement agreement, acceptable to St. Lucie County, for the cost of all required landscaping, irrigation, and related improvements as shown in the landscape plan. A copy of this agreement can be obtained by visiting the St. Lucie County Environmental Resources Department website at: http://www.stiucieco.org/erd/index.htm. Natural Hazards: The subject property is located in Flood Zone X, an area determined to be outside the 500 (five hundred) year flood plain. FEMA Map Number 12111C0070F, Effective Date: August 19, 1991 Department or Division Reviewer Phone Date of Certification Review Growth Management Linda Pendarvis 62-1562 7/14/2009 Yes w/conditions Zoning Irvie Saunders 62-1557 11/24/2008 Yes Road and Bridge Debra Spivey 62-2802 8/01/2008 Yes Mosquito Control im David 62-1686 8/04/2008 Yes Airport Department Todd Cox 62-1732 8/01/2008 Yes Health Department James Moses 73-4931 8/01/2008 Yes Property Acquisitions Christine Moller 62-1711 7/17/2009 Yes Engineering (Stormwater) Mike Halter 62-2719 8/25/2008 Yes County Surveyor Ron Harris 62-1721 7/14/2009 Yes w/conditions Parks and Recreation Debra Brisson 62-1518 9/29/2008 Yes Environmental Resources Yvette Alger 62-2866 7/14/2009 Yes w/conditions Sheriff Michael Monahan 871-5303 N/A Community Services Connie Williams 340-0667 N/A School Board Marty Sanders 29-3640 N/A Traffic Michael Brillhart 62-2097 N/A Engineering John Frank/Michael 62-2097 7/14/2009 Yes STAFF REPORT DATE: July 28, 2009 Page 13 of 17 Form No. 07-15 APPLICATION NO.: CU 720081507 PREPARED BY: Linda Pendarvis Powley (Cty Eng.) w/conditions Fire District Derek Foxx 21-3372 12/11/2008 Yes St. Lucie County Utilities Raymond Murankus 62-5221 N/A Fort Pierce Utility Authority James Carnes 66-1600 12/04/2008 N/A FPFWCD & NSLRWCD Kristin Fecko 19-2839 8/06/2008 Yes TVC Boundary IKara Wood 62-2822 8/13/2008 Yes 1 2 Summary: The petitioner, is requesting consideration and recommendation of 3 approval for the construction of a one hundred thirty (130) foot tall tower to 4 accommodate multiple (5) providers. The monopole will be galvanized steel, 5 grey in color. The structure will be designed and engineered in accordance with 6 St. Lucie County, State of Florida Building Code and all Federal guidelines. The 7 first carrier to be placed on the facility will be AT&T. 8 9 The placement of the proposed facility and related equipment is necessary to 10 provide AT&T and other providers' continuous coverage in a high cell phone 11 usage area where capacity is lacking. 12 13 WAIVER REQUEST: The applicant is seeking a waiver from the following 14 provisions of Section 7.05.07 — Paving Requirements for Roads that Access 15 Developments Requiring Site Plan Approval that Utilize Unpaved Public and 16 Private Roads for Access. (See Paragraph C, Transportation Impacts) 17 18 FINDINGS: The Development Review Committee has reviewed this petition and 19 determined that it conforms to the standards of review as set forth in Ordinance 20 No. 08.008 amending Section 7.10.23 and Section 11.07.03 of the St. Lucie 21 County Land Development Code and is not in conflict with the goals, objectives, 22 and policies of the St. Lucie County Comprehensive Plan. 23 24 RECOMMENDATION: Forward a recommendation of approval to the Board of 25 County Commissioners for the application of PJ Development, LLC for the 26 proposed Conditional Use Permit site plan, subject to eight conditions of 27 approval. 28 29 1. Prior to Final Building Permit Inspection all warning signage shall be 30 installed and conform to Section 7.10.23(C.7. a. thru f.) of the St. Lucie 31 County Land Development Code. The warning signs shall be 32 inspected by the Code Compliance Division. 33 34 2. This telecommunication tower must meet or exceed current standards 35 and regulations of the FAA, the FCC, including radio frequency 36 emission standards and regulations of the State or Federal 37 government with the authority to regulate to this tower. If such STAFF REPORT DATE: July 28, 2009 Page 14 of 17 Form No. 07-15 APPLICATION NO.: CU 720081507 PREPARED BY: Linda Pendarvis 4 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 applicable standards and regulations are changed, then the owners of this telecommunication tower shall bring this tower and antennas into compliance with such revised standards within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring this tower and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower at the expense of the owner. 3. In accordance with Land Development Code Section 7.10.23(S) telecommunication tower owners shall submit a report to the Building Department certifying structural and electrical integrity of the tower every five (5) years following the Building Permit final inspection approval. This report shall be accompanied by a non refundable fee of two hundred dollars ($200.00) to reimburse the County for the cost of review. 4. Prior to the issuance of a Building Permit a cash security fund or an irrevocable letter of credit in the amount of $25,000 shall be submitted in a manner and form acceptable to the St. Lucie County Attorney, to secure the cost of removing this tower and the initial set of antenna or antenna array should it be determined to be abandoned in accordance with Section 7.10.23(Q) of the Land Development Code. Each subsequent antenna or antenna array shall be subject to an additional cash security fund or irrevocable letter of credit to secure the cost of removing the antenna or antenna array should it be determined to be abandoned in accordance with Section 7.10.23(Q) of the Land Development Code. 5. Within 90 days after receiving Conditional Use Permit site plan approval, the property owner, Coastal Land Partners, Inc., shall convey the required road right of way for Russakis Road. Manner and form of conveyance shall be acceptable to the County Attorney. The sketch and legal description shall be prepared by a Florida licensed surveyor and mapper. Pursuant to Chapter 7.05.03 of the St. Lucie County Land Development Code, the property owner may be granted credits towards road impact fees. 6. Within 90 days of the date of this final Conditional Use Permit site plan approval the applicant, PJ Development, LLC shall enter into an agreement to pay a Fair Share contribution for the paving of Russakis road. The applicant's engineer shall submit an analysis of the Fair Share Contribution to the County Engineer based on each of the following methodologies; (a) Trips; (b) Road frontage; (c) Potential and existing driveway connections. The County Engineer shall review the report submitted by the applicant's engineer and shall determine the STAFF REPORT DATE: July 28, 2009 Page 15 of 17 Form No. 07-15 APPLICATION NO.: CU 720081507 PREPARED BY: Linda Pendarvis 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 required fair share contribution. The Fair Share Agreement shall be presented to the BOCC for approval. 7. 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 compliance with any federal or state agency requirements. 8. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall execute an improvement agreement, acceptable to St. Lucie County, for the cost of all required landscaping, irrigation, and related improvements as shown in the landscape plan. A copy of this agreement can be obtained by visiting the St. Lucie County Environmental Resources Department website at: hftp://www.stlucieco.or-q/erd/index.htm. Please let me know if you have any questions. Approved by: Robin Meyer, Assistant Growth Management Director DEPARTMENT OF GROWTH MANAGEMENT ATTACHMENTS STAFF REPORT DATE: July 28, 2009 Page 16 of 17 APPLICATION NO.: CU 720081507 Form No. 07-15 PREPARED BY: Linda Pendarvis I 3 4 5 6 7 8 9 10 11 12 13 14 15 Suggested motion to recommend approval/denial of this requested conditional use. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN ORDINANCE NO. 08.008 AND SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF PJ DEVELOPMENT LLC A CONDITIONAL USE PERMIT SITE PLAN TO ALLOW THE CONSTRUCTION AND OPERATION OF A 130-FOOT MONOPOLE TELECOMMUNICATION TOWER AND WIRELESS COMMUNICATION EQUIPMENT COMPOUND IN THE AG-1 (AGRICULTURAL —1 DU/AC) ZONING DISTRICT, BECAUSE... 16 1 MOTION TO DENY: [LIST CONDITION(S)] 17 18 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC 19 HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF 20 REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND 21 DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND 22 ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY 23 BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF PJ 24 DEVELOPMENT, LLC, FOR A CONDITIONAL USE PERMIT SITE PLAN TO 25 ALLOW THE CONSTRUCTION AND OPERATION OF A 130-FOOT 26 MONOPOLE TELECOMMUNICATION TOWER AND WIRELESS 27 COMMUNICATION EQUIPMENT COMPOUND IN THE AG-1 (AGRICULTURAL 28 —1 DU/AC) ZONING DISTRICT, BECAUSE... 29 30 STAFF REPORT DATE: July 28, 2009 Page 17 of 17 Form No. 07-15 APPLICATION NO.: CU 720081507 PREPARED BY: Linda Pendarvis Environmental Resources Department Agenda Item Companion Report TO: Planning and Zoning Commission THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Environmental Resources Department DATE: July 29, 2009 SUBJECT: SL2623 Coastal Telecommunication Tower Conditional Use Permit Background The Growth Management Department requested Environmental Resources Department (ERD) input on the applicant's request for a Conditional Use Permit to allow for the construction and operation of a telecommunication tower and wireless communication equipment compound. ERD coordinated with the applicant and the Development Review Committee during our review. Findings ERD input, including conditions of approval, have been included in the attached staff report. Conditions of approval shall be included in the resolution prior to Board of County Commissioners' review and approval. Recommendations ERD supports Growth Management's recommendation of approval with conditions as outlined in the attached staff report to be included in the final resolution. gnature 1 RESOLUTION NO. 09-022 2 FILE NO.: CU: 720081507 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE 6 COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT SITE PLAN FOR 7 THE PROJECT TO BE KNOWN AS SL2623 COASTAL TELECOMMUNICATION 8 TOWER TO ALLOW FOR THE CONSTRUCTION AND OPERATION -OF A 130- 9 FOOT MONOPOLE TELECOMMUNICATION TOWER eAND.ELESS 10 COMMUNICATION EQUIPMENT COMPOUND IN THE AG-1 (RAL-1 11 DU/AC) ZONING DISTRICT ON CERTAIN PROPERTY SITU LUCIE 12 COUNTY, FLORIDA 13 14 WHEREAS, the Board of County Commissioners of St. Luci dVty, Florid` �. ,ased on the 15 testimony and evidence, including but not limited to the s resort, has made owing €owing 16 determinations: ^` 17 18 1. P. J. Development, Inc. presented a pe ' n be f the Coastal Land 19 Partners, Inc. for a Conditional Use Permitsite low the construction and 20 operation of a 130-foot monopole telecommu tion tower and wireless 21 communication equipment compound in the AG-1 (A Itur 1 du/ac) Zoning 22 District for the property describe n Part B below and - in Exhibit "A". 23 24 2. The P. J. Development, Inc. lease i Ako ndred square feet of land area 25 from the property owner, Coastal La d Pa s, " -. for the property located on 26 the east side of Russakis Road, ap i ely 0 feet south of the St. Lucie 27 County and Indian oX'nty bou line, for the proposed use of a wireless 28 communication r anipment ound. 29 30 3. On August 9, the ci o n Planning and Zoning Commission held 31 a public hearing h r fovich due public notice was published and 32 maile t 11Irope ners within 500 feet at least 10 days prior to the hearing, 33 an ` co ed th a and of County Commissioners approve/deny the 34 inafter des ed re or a Conditional Use Permit site plan to allow the 35 nstruction and rati f a 130 foot monopole telecommunication tower and 36 less communi 'on equipment compound in the AG-1 (Agricultural —1 du/ac) 37 Zo District for � e property described below. 38 =' 39 4. On XXX, 9 is Board held a public hearing on this petition, of which due public 40 notice was lished and mailed to all property owners within 500 feet of the 41 subject prperty at least 10 days prior to the hearing. 42 43 5. The proposed Conditional Use Permit site plan is consistent with the goals, 44 objectives, and standards of the St. Lucie County Comprehensive Plan and has 45 satisfied the requirements of Section 11.07.03 of the St. Lucie County Land 46 Development Code and Ordinance No. 08-008. 47 48 6. All reasonable steps have been taken to minimize any adverse effect of the 49 proposed conditional use on the immediate vicinity through site design, XXX, 2009 Page 1 of 6 Resolution No. 09-022 File No.: CU:720081507 1 2 3 4 5 6 landscaping and screening. 7. The proposed project will not have an undue adverse effect on the adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 8. The proposed project will be serviced by adequate public facilities and services. 9. A Certificate of Capacity, a copy of which is attached to this r' 'on, was _ granted by the Growth Management Director on XXX, 2009 (Ex NOW, THEREFORE, BE IT RESOLVED by the Board of County, Florida: A. Pursuant to Section 11.07.03 of the St. Lucie Cour Conditional Use Permit site plan for Coast Lan Development, LLC for the project to Telecommunication Tower, as shown on i prepared by Kimley-Horn and Associates, c., stamped received by the St. Lucie County Growth 2009, is hereby approved/denied for the property c the following conditions: 4- B. The property on which this Conditi ` I granted/denied is d as folio of St. Lucie , Inc. submitted J as SL2623 4astal wirings for the project ember, 2008 and date ment Director on XXX, in motion B, subject to site plan approval is being THE NORTH afff.06 FEEOF THE 14 OF THE SE 1/4 OF SECTION 3, TOWNSHIP UTH, E 39 EA , ST. LUCIE COUNTY, FLORIDA LESS THE WES 5 F ' , A &+50 FEET OF THE WEST 60 FEET FOR ROAD A®ID CANA GHT OF WAY. rs C�' N EL CO S 2 S MORE OR LESS. ed Parcel: A ion of the Irirthwest'/< of the Southeast '/. of Section 3, Township 34 Sout ange ast, St. Lucie County, Florida, Being More Particularly Describ s lows: Commence at the Southwest Corner of the Northwest '/. of the Southeast'/< said Section 3; thence North 00"17'57" East, along the West Line of Said Southeast 114, a distance of 1333.69 feet to the Northwest Corner of Said Southeast 1/4,; thence Departing Said West Line, South 89"49'34" East, along the North Line of Said Southeast'/4, a Distance of 1238.08 feet to the Point of Beginning: thence Continue South 89"49'34" East, along Said North Line, a Distance of 90.00 feet; Thence Departing said North Line, South 00"17'56" West, a Distance of 90.00 feet; Thence North 89"49134" West, a XXX, 2009 Page 2 of 6 Resolution No. 09-022 File No.: CU:720081507 1 Distance of 90.00 feet; Thence North 00"17156" East, a Distance of 90.00 feet 2 to the Point of Beginning. 3 4 Containing 0.1869 acres or 8100 square feet, more or less. 5 6 Location: East side of Russakis Road, approximately 2,800 feet south of the St. 7 Lucie County and Indian River County boundary line. 8 9 Parcel ID Number: 1303-421-0001-000/3 10 11 C. The approvals and authorizations granted by this Resolution ar r the purpose of 12 securing a Building Permit or Certificate of Zoning Compli this property. 13 Unless the developer, successor or assign has obtain Buil Permit or 14 Certificate of Zoning Compliance for the site plan ed in -A or an i5 extension has been sought pursuant to Section 11.0 o the St. Luc ou OF 16 Land Development Code, this approval shall ex ' on , 2010. 17 18 D. The Conditional Use Permit site plan appr grante er this resolution is 19 specifically conditioned to the requireme a loner, PJ Development, 20 LLC, including any successors in interest, shall ob II necessary development 21 permits and construction authorizations from the a riate tate and Federal 22 regulatory authorities, including b t not limited art to: the d tes Army Corp of 23 Engineers, the Florida Depo Environmental Pr ion, and the South 24 Florida Water Management tri o he issua of any local building 25 permits of authorizations to comm a ev t activities on the property 26 described in Part B. 27, =. 28 E. The Certificate o p c copy o ich is attached to this resolution, shall 29 remain valid f e perio of Cond Use Permit approval. Should the 30 Conditional ermit ap val grant this resolution expire or an extension 31 be sought ur t to .05(F) of the St. Lucie County Land 32 Development Co Certi icate of Capacity shall be required. 33 34 F. T ondition t forth " are an integral non severable part of the site plan 35 roval grante this solution. If any condition set forth in Part A is 36 termined to be vali r unenforceable for any reason and the developer 37 es to comply untarily with that condition, the site plan approval granted by 38 this lution sh ecome null and void. 39 40 G. A copy o olution shall be attached to the Conditional Use Permit site plan 41 drawings ribed in Part A, which plan shall be placed on file with the St. Lucie 42 County Growth Management Director. 43 44 H. The Growth Management Director is hereby authorized and directed to cause the 45 notation of this resolution to be made on the Official Zoning Map of St. Lucie 46 County, Florida, and to make notation of reference to the date of adoption of this 47 resolution. 48 49 1. A copy of this resolution shall be mailed, return receipt request to the property 50 owner and petitioner of record. This resolution shall be recorded in the Public XXX, 2009 Page 3 of 6 Resolution No. 09-022 File No.: CU:720081507 Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on -site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and all applicable code requirements must be met to the satisfaction of the County before final site construction permits are issued. After motion and second, the vote on this resolution was as follows: G: Planning\PROJECT FILES\SL 2623 Coastal (Telecom Tower)\ (1) Resolution No. 09-022 XXX, 2009 Page 4 of 6 Resolution No. 09-022 File No.: CU:720081507 1 2 3 5 1 6 1 8 9 10 12 13 14 15 XXX, 2009 Page 5 of 6 Exhibit A Site Locatm Area S2i( Condit io -MO t tox Use cation Resolution No. 09-022 File No.: CU:720081507 XXX, 2009 Resolution No. 09-022 Page 6 of 6 File No.: CU:720081507 Okeechobee County 0 mmoo ■ ■. ■ o ti C x m 0 L 0 o v v � CD (D CD o < D CD G) O 3 (D r.+ 0 a moomm wasom Us Was, #,0owns • r D C4 : C7 G) r 0RUSSAKIS�RD FPFWMD CANAL NO 7 _ N D C Cn C� ca 5. ' r IV C m `° ' 7 CL ■ 00 cQ ' O CD ' cn O cn -4 a c • o o • CD N n •• • � i • _ (D O 3 3 v W. r--h EMERSON'AVE co O co c� c c/) NZ D O (n o v an d Nd�'U'1 as SRl00 CD N 0 � 0 0 Z c (O oo■m , u) CD L .. o 0 CD 0 ' �' CD `° m — O 3 CD •, r ♦ r ;oN • c m r 0 FPFWMD CANAL_NO. 7 _ RUSSAKISlq- o ;p -n ■ ' n CDCDC N�� ' r c cu m ' N -1 r c m CL ' W O 00 O ■ O as ■ C/) -4 c c ■ ■ �+ • ' � • --i • oCD • ♦ �� ♦ _ CD ■■■■■■■■ ■..■■■■ ■■.• n O 3 3 EK4ERSON'AVE m O CD D C m N c � m y 9 X m Z D C r 0 o as slaoa CD 7 a �Hd Ndllll p o �Z c N rn SL2623 Coastal Telecommunication Tower . EAstingtover L Proposed to -,•ter m c!7 UP Subject parcel 1?2 mile radius J _ _ : 1 mile radius �J _ . _ . . . . . _ - - Ip a _ 70 - ii Y I c v j- indrio Rd a fi G�L f Q} Q Td T C -, E m P, MR t , �* I q . Z.< O O • '' k' OIL' 1: liW• i ski, ,•�` • • N O JA l • O E o (q LiLYAN PKWY 0 q c� . DOWSOR •� f o'y ••i.}' w Q `4L. , O �� _cu Ire. lift? �g .: -► 3IAV NOS2i3W3 i 0) ow —CD 4— W LO 00 U £ cs O ONTO' r oil; J. ' a '•ram-_ � , cu � � as si�dssna. L ON �bMl� - aW add +j� x yD •�P .•q+Ni eft € 4 �i�. ..• � � � • �� ;f s4 a€� �i U — # w ppss >+r . � • • � it °'`�"���Ih E .: "'.fir r:�. � -+ e> N/�•.t> .. (n � w (0 OQ ..mow......,.....-.. _....._,..-. .__. �j,�� ....__....�je. �' . .. . ,�A- •R U/ ST. LUCIE COUNTY J' GROWTH MANAGEMENT ® 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 co.st-lucie.fl.us/growth DEVELOPMENT APPLICATION Prior to submittal, all applications require a completeness review. Please contact the Growth Management Department to schedule an appointment. Submittal Type [check each that applies] Site Plan Variance �— ❑ Major Site Plan ❑ Variance ❑ Minor Site Plan ❑ Variance to Flood Damage Prevention ❑ Major Adjustment to Major Site Plan ❑ Variance to Coastal Setback Line ❑ 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 (PR" ❑ 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' K Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Rezoning a ❑ 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 ❑ Class A Mobile Home 5 ❑ Electrical Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 ❑ Land Development Code Text Amendment' ❑ Plat ❑ Resubmittal # 8 ❑ Stewardships — Sending/Receiving Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver of Parking Standards Aaolication Supplement Packages Conditional Use 4. Comp. Plan Amendments 7. LDC Text Amendment 2. Variance 5. Class A Mobile Home 8. Resubmittal 3. Rezoning 6. Historical Designation/Change Refer to Fee Schedule for applicable fees. For an application to be determined complete all required materials must be i�if3iV�is riy time of submittal along with the appropriate non-refundable feels . Page 1 of 6 JUL 4 1 2QG8 Revised June 19, 2008 ti'vth mana0erent 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: ❑ Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 9 copies) ❑ Aerial Photograph — property outlined (available from Property Appraiser's office ❑ Property Deed ❑ Legal description, in MS Word format, of subject property ❑ Property Tax Map — property outlined (electronic copy not required) ❑ Survey ❑ 2 CDs of all documents submitted - with files named according to the Required Document Naming List. (attached) ❑ 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). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ 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) ❑ Traffic Impact Report (TIR) (4 copies) if: o 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 only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable ❑ Approved Resolution or GM Order *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). Page 3 of 6 Revised June 19, 2008 Project Information Project Name: J Ly4D a -3 GO AS AL - Site address: P .t 6SAK 15 RoN , LAKE WOCYD agi L. 3gJS*4 Parcel ID Number(s): / J C.r.:5 � / !/ O/ D � Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) Property location — Section/Township/Range: Q.q 9' Property size — acres: 40, 1 Lt. Square footage: q /1,615r 1-1A3=46t. Future Land Use Designation: R F Zoning District: A(.-7 i Description of project: r ]'OtJ5i'RW C_-T 10.J O-F' % d A/19ELE-EELECCOMMA u1 N CADIO l: (Attach additional sheets if necessary) Type of construction (check all applicable boxes): ❑ Commercial ❑ Industrial 0 Residential ', Other Total Square Footage: Existing Proposed: Total Square Footage: Existing Proposed: No. of residential units: Existing Proposed: No. of subdivided lots: Existing Proposed: Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised June 19, 2008 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): Agent Information: Name: R 3:. bEQF-I hST Name: Address:'13LA J ` IE j FOOT t L - * N Address: Phone:-7-7;1 -� 11A a Fax: Phone: Fax: Please indicate one individual to receive all official correspondence on this project. Name: Phone: Address:` sb N*.! Ai-tcir Li�E. Alternate Phone: 3" AgcH Email Address: tmill,c k i VJI tom- fQ (Please use an address that can accept overnight packages) d ev � ►o•'1''1 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. Property Owner Signature v Property Owner Name (Printed) Mailing Address: / 7 7..) 1Ar 58 *1 Z4, ��1J >iLj Phone: T46I - ?aa - c7 3`/fo If more than one owner, please submit additional pages STATE OF COUNTY OF ;)C/sueu� The foregoing instrument was acknowledged before me this day of by ,✓�� '� l E �'t/� v1 who is personally known to me or who has produced as identification. La�2'," 149 Signature of Notary Commission Number Type or Print Name of Notary (Seal N't Notan Public State of Florida Jason P 6roz My Commission DD532815 or fExpires 0312612010 Page 5 of 6 Revised June 19, 2008 Supplement 1 Conditional Use Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 11.07.00 for details Desired Conditional Use / Adjustment: �5TAEALIIW 7E— Ec 2lYVY�i,J�yi � TIt3'v' j �D "vc Minor Adjustment Major Adjustment //�� Existing use of property: X&—1 Q;RA1V4-E 6r)ZQSJE /C� V PA 5 7AZE Is a change in Zoning sought wit the petition for Conditional Use? YES V NO Is a change in Future Land Use ought with the petition for Conditional Use? YES V NO Is a Site Plan Approval application being filed concurrent with the Conditional Use Application? _Z YES NO If the Conditional Use applied for requires site plan approval, the applicant shall submit a site plan that meets the requirements of LDC Section 11.02.00. The following information you provide is very important in determining the outcome of your conditional use request. It is required by Section 11.07.00, LDC that appropriate findings are made to justify a Conditional Use approval. Please use additional pages, if necessary to justify your request. 1. Describe the reason for the proposed Conditional Use or Adjustment: 2. Is the proposed Conditional Use or Adjustment in conflict with any portion of the LDC or theSt. Lucie County Comprehensive Plan? 11 3. What are the existing uses in the immediate area and how is the proposed Conditional Use or Adjustment compatible with the existing uses in the area? Page 1 of 2 Revised: June 19, 2008 Supplement 1 4. What conditions have changed in the immediate area that warrants consideration of this Conditional Use or Adjustment application? 5. What are the anticipated impacts of the proposed Conditional Use or Adjustment on the existing and future public facilities in this area, such as roads, transit, water, sewer, drainage, parks, etc.? 6. What are the anticipated environmental impacts of the proposed Conditional Use or Adjustment? If no adverse impacts are anticipated, please explain why. 4 %it o tj 3V%stXV'f,%L_ 7. Please provide any additional information about size, hours, and seasons of operation; number of employees; number of car or truck trips; equipment utilized; anticipated duration of use; impacts of noise and light; access improvements; hazardous substances utilized; and any other issue that would assist in the evaluation of this application. -TAE ill N IsA&WQED T EL�C. M�V��r� i CAT► C," S 700 Wt "1 AIR ' J 'r7 V EE'kL Vk Td`,��R LOc^ Ep iQ jam► t,3 4�©x ICE COMPOMt,� ��TtZaGK T�Z►1� �1` CUWM _Z 1e7 >A MOV-M >l �r kOto� 6QLk EOT j-kotteMAc_kj4nvie_ e4r�� - Applicant or Agent Name (printed) ignature Page 2 of 2 Revised: June 19, 2008 A. AG-1 AGRICULTURAL -1. 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 gross acre. 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, Non-commercial. (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off -Street Parking and Loading Requirements. Off-street parking and loading 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. (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. 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) m. 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) Form 08-47 GROWTH MANAGEMENT DEPARTMENT PLANNING DIVISION PUBLIC NOTICE SIGN CONTENT Project Name: SL2623 Coastal Telecommunication Tower Applicant/Agent: PJ Development, LLC Public Hearing Body: Planning and Zoning Commission & Board of County Commission Public Hearin Date: August 20, 2009 This sign must be installed before July 31, 2009 Required sign content: Heading: NOTICE OF PUBLIC HEARING Body: Public Hearing for PJ Development, LLC on behalf of Coastal Land Partners, Inc. for a Conditional Use Permit to allow the construction and operation of a 130-foot monopole telecommunication tower in the AG-1 (Agricultural — 1 du/ac) Zoning District. The first Public Hearing on this item is to be held before the St. Lucie County Planning and Zoning Commission on Thursday, August 20, 2009 @ 6:00 PM or as soon thereafter as possible in the County Administration Building, 2300 Virginia Avenue, Fort Pierce, and the second Public Hearing on this item is to be held before the St. Lucie County Board of County Commissioners in the County Administration Building, 2300 Virginia Avenue, Fort Pierce, on Tuesday, TBD @ 6:00 PM or as soon thereafter as possible. Copies of this petition are available at the front desk in the Growth Management Department, County Administration Building, 2300 Virginia Avenue, Fort Pierce. Please call the Growth Management department at (772) 462-2822 and refer to SL2623 Coastal Telecommunication Tower, File No. CU 720081507 for further information regarding this project. Submit signed and notarized affidavit (see attached) along with two dated photos of the installed sign to St. Lucie County Growth Management at least 20 days prior to the scheduled Public Hearing. Failure to submit within 20 days of the hearing will result in the petition being removed from the Agenda. Please call the Project Planner, Linda Pendarvis at 772-462-1562 if you have questions. AFFIDAVIT COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS STATE OF ) COUNTY OF ,SM WAC.,1E ) ThlOMA5 :. AAA CKIr_VJ%C-7 being first duly sworn deposes and states: I am the owner or the agent for the project known as SL2623 Coastal Telecommunication Tower for the following petition: File No. CU 720081507 2. 1 hereby certify that I have complied with the notice requirements set forth in ection 11.00.03.E of the St. Lucie County Land Development Code for the (insert date) public hearing to be conducted by the u f;# oits(r CamM(insert entity name) on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sin Requirements forms provided by St Lucie County Growth Management on 11i&LA (date). The following required documentation is attached: A. Dated Photo (Close up) B. Dated Photo (Distant) Further affiant sayeth not. loe (Name of Affiant) STATE OF��j-4. COUNTY OF WUA &sac.h ) The fore oing instrum nt was acknowledged before me this 201 day of _3J13 2000J_, by o r� (i�4c1e�«-� 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 ,#V ,NNotary Public State of Florida Paul A Scott My Commission DD678950 p�pd Expues05/28/2011 Form 08-48 OTICE qFP L UB ic jean for PJ eloAment, IC HEARILLC on behalf of Coastal Viand Partners, Inc. for a Conditional Use Permit to allow the nstruction and operation of a 130-foot monopole telecommunica er in the AG-1(Agricultural -1 du/ac) Zoning District. The first ublic Hearing on this item is to be held before the St. Lucie County . tanning and Zoning Commission on ursday, August 20, 20M @ 6:00 PM or as soon thereafter as possible; the County Administration Building, 2300 Virginia Avenue, Fort Pierce. and the second Public Hearing on this item is to be held before The St L. ucy foras ty Board of County Commissioners in the County Administration Bui Virginia Avenue, Fort Pierce, on _ Tuesday soon thereafter as possible. 6'� ° pies of this petition are available at the front desk in the Growth Management Department, County Administrates Building, 2 Virginia Avenue. Fort Pierce. Please call the Growth Management at (M) 462.2822 refer to SL2623 Coastal Tekommun�n Tower, y File No. CU 120081507 for fins information regards th, ,....... n O r4 00 m O N n u al 0 O c O 0 V .0 7 E E up m m 0 U M N tD Ln _c a+ c d E O al a w 00 c N O a 4 c 00 'i -4 co � 00 Ln -4 to to to � cn � O N N N O N .-i N -4 14 '•i ' 4 '-i V 'Cr N M 00 00 Ln 01 tD In tO tD O M CA M .i ri 'i 'i -- 1 ri 't '-i r-i 11 0 -1 A -i -cr V1 .-4 A .••1 t0 tD .-I In to l0 m N tO to -** tO -4 Ln m a t11 0 Ln G Ol M -�t M Ol Ol .'-i O 01 M M m d m -1 m m m m _ N N m N m m m V M V m N m m m m m N m N m V M N m m m 1* M M--t m m sf m d• m a m a im+ J J J J J J J J J J J J J -iJ J J ...1 J J J -iH LL LL LL U- LL LL LL LL LL U. 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J J m 1 C m a +' aci ` 'C J C 'p :EE N C J a+ Ma+ h -O �+ a-� C m ` au U j 0 U U J H m Q VI N ul C O 3 L t = C m Y E c O= C C °S'c U C m 3F U Y Y Y 1 v X m c7 0 3 3 m o 3 m v 0 7 m J m a O o 7 a>> 3 0 f° > O W to U OC 2 v 0 N m v to v to LL� y to U K ,7o J l.L OC OC m Z a� CC O 01 o 1, O1 -4 N -�r -i N tO O Ln M --T 01 1, n O rl Ln O O O C)O O O O O O O CD CD O CD O O O O 0 0 0 0 o O o 0 0 0 0 0 0 0 -4 0 0 0 -•i o 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 o O O o o O .'•1 N N to M .4 N -4 N -4 -4 O -4 '•4 O H tf1 -1 'i O ri C O O o O N 0 0 0 0 0 0 0 0 0-4 0' i O O 4 O O O O O O O O O O O o o O o O o O O O o O O 0 C O M O H O H O M O M O v O O O 4 O H O N O O O N O H O 1 O H O N O M O o O H a -Ct -4 N N N H .-4 -;tM -4 . sr N M o N N e r-i N M-�T M lCt .-1 ri e4 C i0 �--1 V a -It � Iq m Nr -4 .--1 .-1 O •4 't M N .••1 " N M M u �.+ al m m m m M M m M m m m o m m m m m m m m m ' C p_ M 0 m 0 m 0 m 2H 0 m 0 m 0 m 0 m 0 m 0 m 0 m 0 m 0 o o m O m o m o m O m o m o O O a a v m o a .-1 .-1 '.4 .l ,-i .4 -4 .-4 ,-4 .-1 ct H H -4 H .-1 .-4 m ,-i m H m H Q Q d BOARD OF COUNTY COMMISSIONERS Wednesday, August 5, 2009 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 Project: SL2623 Coastal Telecommunication Tower (File No. CU 720081507) GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that PJ Development, LLC presented a petition to St. Lucie County for a Conditional Use Permit to allow the construction and operation of a 130ft monopole telecommunication tower and wireless communications compound in the Ag-1 (Agricultural —1 du/ac) zoning district for the following described property: Location: East side of Russakis Road, 2,800 feet south of the St. Lucie County and Indian River County boundary line. Legal Description: THE NORTH 687.06 FEET OF THE NW 1/4 OF THE SE 1/4 OF SECTION 3, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA LESS THE WEST 5 FEET AND THE EAST 50 FEET OF THE WEST 60 FEET FOR ROAD AND CANAL RIGHT OF WAY. PARCEL CONTAINS 20.0 ACRES MORE OR LESS. The Planning and Zoning Commission public hearing on this petition will be held at 6:00 P.M. or as soon thereafter as possible, on Thursday, August 20, 2009 in the St. Lucie 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 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. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator— Faye W. Outlaw, MPA Website: www.stlucieco.aov 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 GROWTH MANAGEMENT - Phone (772) 462-2822 FAX (772) 462-1581 :t! .-L I I E Z-< 0 > DORIS DR Y 0 m L1tYAN ? > o t o N_ Q Cb Q Q 4) O •� � �a a 3At/,NOS2i3W3 �i a 0 U C cU 0 L .ice ,O U U C C � . . ■ ■ .... ■ ■ ....... f ♦ •♦♦♦ �� N O C U N • • o C3 cu If ■ .. N C o >. E ' Q : N ' ■ ^m J O ' ■ vU- C cu O ; ■ � N �° N E ■ ■ ' c ■ O O U : �"y Oo -o a� cU �0 < N 4 ' ■ N .O O L 'ON IVISIVO OWMGId� 0.0 N Q ++ 4-0 U cu J r J • 46 �• Q.Cn +r o •■ ........... .....•• C .O N C C E (u C CL o N N r- > U O ' Q ca C O r- o �' ccu U ) a O N a ° o a c C O U_ m o a -i Lo O Q ■ ■ '. ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes To allow for the construction and operation of a 130-foot monopole The Following telecommunication tower and a wireless communications compound in Conditional Use: the AGA (Agricultural-1 DU/AC) Zoning District. Regarding Property East side of Russakis Road, 2,800 feet south of the St. Lucie County and Located At: Indian River County boundary line. Currently Zoned: AG-1 (Agricultural-1 DU/AC) Please Return To: St. Lucie County, Department of Growth Management Planning Division - ATTN: Sarah Smith 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: August 16, 2009 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 600 feet of the proposed Conditional Use. Name (Please Print): Address: Date: Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name/ID: SL2623 Coastal File No. CU-720081607 Form No. 07-26 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA August 20, 2009 NOTICE OF PROPOSED CONDITIONAL USE PERMIT 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. 09-022 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT FOR THE PROJECT TO BE KNOWN AS SL2623 COASTAL TELECOMMUNICATION TOWER TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF A 130- FOOT MONOPOLE TELECOMMUNICATION TOWER AND WIRELESS COMMUNICATIONS COMPOUND IN THE AGA (AGRICULTURAL — 1 DU/AC) ZONING DISTRICT ON CERTAIN PROPERTY SITUATED IN ST. LUCIE COUNTY, FLORIDA APPLICANT: PJ Development, LLC FILE NUMBER: CU 720081507 LEGAL DESCRIPTION: THE NORTH 687.06 FEET OF THE NW 1/4 OF THE SE 114 OF SECTION 3, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA LESS THE WEST 5 FEET AND THE EAST 50 FEET OF THE WEST 60 FEET FOR ROAD AND CANAL RIGHT OF WAY. PARCEL CONTAINS 20.0 ACRES MORE OR LESS. LOCATION: East side of Russakis Road, 2,800 feet south of the St. Lucie County and Indian River County boundary line. PURPOSE: The purpose of this hearing is to consider and make recommendations on an application for a Conditional Use Permit to be known as SL2623 Coastal. This Conditional Use Permit, if approved, will allow for the construction and operation of a 130-foot monopole telecommunication tower and a wireless communications compound in the AG-1 (Agricultural — 1 du/ac) Zoning District. Form No. 07-08 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, August 20, 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 at least 3 days prior to the scheduled hearing. The petition file is available for review at the Growth Management Department offices located at 2300 Virginia Avenue, 2"d Floor, Fort Pierce, Florida. 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, if a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at 772/462-1777 or T.D.D. 772/462-1428. PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/ CRAIG MUNDT, CHAIRMAN PUBLISH DATE: August 5, 2009 Form No. 07-08 SL2623 Coastal Telecommunication Tower LEGAL DESCRIPTION: THE NORTH 687.06 FEET OF THE NW 1/4 OF THE SE 1/4 OF SECTION 3, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA LESS THE WEST 5 FEET AND THE EAST 50 FEET OF THE WEST 60 FEET FOR ROAD AND CANAL RIGHT OF WAY. PARCEL CONTAINS 20. ACRES MORE OR LESS. Leased Parcel: A Portion of the Northwest'/4 of the Southeast'/4 of Section 3, Township 34 South, Range 39 East, St. Lucie County, Florida, Being More Particularly Described as Follows: Commence at the Southwest Corner of the Northwest'/4 of the Southeast '/4 said Section 3; thence North 00^17'57" East, along the West Line of Said Southeast 1/4, a distance of 1333.69 feet to the Northwest Corner of Said Southeast 1/4,; thence Departing Said West Line, South 89A49'34" East, along the North Line of Said Southeast 1/4, a Distance of 1238.08 feet to the Point of Beginning: thence Continue South 89A49'34" East, along Said North Line, a Distance of 90.00 feet; Thence Departing said North Line, South 00^17'56" West, a Distance of 90.00 feet; Thence North 89A49'34" West, a Distance of 90.00 feet; Thence North 00^17'56" East, a Distance of 90.00 feet to the Point of Beginning. Containing 0.1859 acres or 8100 square feet, more or less. I �AmCAp ORDINANCE NO. 08-008 m (formerly Ordinance No. 07-014) AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND gm-`{ = r DEVELOPMENT CODE BY AMENDING SECTION 7.10.23, PROVIDING c PURPOSE; PROVIDING DEFINITIONS; PROVIDING APPLICABILITY; _ ING GENERAL REQUIREMENTS AND MINIMUM STANDARDS; PRONTO Q � M PROVIDING PERMITTED USES ON PUBLIC PROPERTY; PROVIDING 2 A PERMITTED USES ON PRIVATE PROPERTY; PROVIDING SPECIAL Z A EXCEPTION USE; PROVIDING EQUIPMENT STORAGE; PROVIDING 0 REMOVAL OF ABANDONED ANTENNAS AND TOWERS; PROVIDING NONCONFORMING USES; PROVIDING PROTECTION FOR RESIDENTS; PROVIDING PENALTIES; PROVIDING FOR `-- SEVERABILITY AND APPLICABILITY, INCLUSION .IN THE CODE AND PROVIDING FOR FILING WITH THE DEPARTMENT OF' STATE AN EFFECTIVE DATE. WHEREAS, the Congress of the United States adopted the Telecommunications Act of 1996, providing federal regulation of wireless telecommunications, a technology of wireless voice, video and data communications systems rapidly becoming available, requiring land use facilities that impact planning and zoning concerns in St. Lucie County CCounty") and throughout the United States; and WHEREAS, Florida law as applicable to the County's authority to regulate the siting of wireless telecommunication facilities has been amended; and WHEREAS, it is the County's intent to establish standards in compliance with applicable federal and state laws; and WHEREAS, the County finds that it is in the public interest to permit the siting of wireless telecommunications towers and antennas within the County's boundaries, and WHEREAS, the County has received and expects to receive additional requests from telecommunications service providers to site wireless telecommunications towers and antennas within the County boundaries and is authorized by federal, state and local law to regulate the siting of such telecommunications towers and antennas; and WHEREAS, it is the intent of the County to provide reasonable accommodation to, and to promote and encourage fair and reasonable competition among telecommunications 1 &tfuek Apewjh portions are deleted. 08-008 Clean Underlined portions are added. service providers or providers of functionally equivalent services on a neutral and nondiscriminatory basis; and WHEREAS, the purpose and intent of this Ordinance are to establish appropriate locations, and, further, to develop the requirements and standards to permit the siting of wireless telecommunications towers and antennas within the County's boundaries, with due consideration to the County's comprehensive plan, zoning map, existing land uses and environmentally sensitive areas, including hurricane preparedness areas, and WHEREAS, it is the intent of this Ordinance to encourage collocation between wireless telecommunications service providers and to enhance the ability of the providers to provide such services to the County through an eff icient and timely application process pursuant to Fla. Stat. 9 365.172 as amended; and WHEREAS, any antennas and related equipment to service the. antennas that are being collocated on existing above ground structures are not subject to land development regulation pursuant to Fla. Stat. S 365.172, provided the height of the existing structure is not increased; and WHEREAS, through these regulated standards, it is the intent of the County to protect and promote the health, safety and general welfare of its citizens and residents, the traveling public and others in such a manner that will minimize both the number of telecommunications towers and antennas and the adverse visual impact and other potential damage by these facilities by.encouraging collocation and shared use of new and pre- existing telecommunications facilities, through incentives,. careful design, engineering siting, landscape screening and innovative camouflaging techniques; and . WHEREAS, this Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions necessary for. the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law; and WHEREAS, on August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code; and WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 2 &raek-*hrec-gl3 portions are deleted. 08-008 Clean Underlined portions are added. 91-03 - March 14,1991 91-21 - November 7,1991 93-01 - February 16,1993 93-05 - May 25,1993 9,3-07 - May 25,1993 94-18 - August 16,1994 95-01 - January 10,1995 97-01 - March 4,1997 97-03 - September 2,1997 99-02 - April 6,1999 99-04 - August 17,1999 99-15 - July 20,1999 99-17 - September 7,1999 00-10 - June 13, 2000 00-12 - June 13, 2000 01-03 - December 18, 2001 02-09 - March 5, 2002 02-29 - October 15, 2002 04-02 .- January 20, 2004 04-33 - December 7, 2005 05-03 - August 2, 2005 05-07- January 18, 2005 05-23 - September 20, 2005 06-13 - June 6, 2006 06-30 - September 12, 2006 06-47 - December 5, 2006 07-15 May 1, 2007 07-32 - November 6, 2007 91-09 - May 14,1991 92-17 - June 2,1992 93-03 - February 16,1993 93-06 - May 25,1993 94-07 - June 22,1994 94-21 - August 16,1994 96-10 - August 6,1996 97-09 - October 7,1997 99-01 - February 2,1999 99-03 - August 17,1999 99-05 - July 20,1999 99-16 - July 02,1999 99-18 : November 2,1999 00-11 - June 13, 2000 00-13 - June 13, 2000 02-05 - June 24, 2002 02-20 - October 15, 2002 03-05 - October 7, 2003 04-07 - April 20, 2004 05-01- March 15, 2005 05-04 - August 2, 2005 05-16 - August 16, 2005 06-05 - Apri 118, 2006 06-22 July 18, 2006 06-40 - August 1, 2006 0741- February 6, 200.7 07-17 - June 5, 2007 08-04 - March 11, 2008 WHEREAS, on November 15, 2007, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Tribune at :least 10 days prior to the hearing and recommended that the proposed ordinance be approved; and WHEREAS, on March 4, 2008, this Board held its first public hearing on the proposed ordinance, after publishing a notice of. such hearing in the Tribune on February 22, 2008; and WHEREAS, on June 17, 2008, this Board held its second public hearing on the 08-008 Clean 3 S# _ through portions are deleted. Underlined portions are added. proposed ordinance; and WHEREAS, the proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of St. Lucie, Florida that: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS INCLUDE: CHAPTER II SECTION 7.10.23 WIRELESS TELECOMMUNICATIONS TOWERS SMNS AND ANTENNAS A. PURPOSE: The purpose of this section is to establish regulations and requirements for the siting of wireless telecommunications facilities. All new towers or antennas in the County shall be subject to these regulations, except where specifically excluded. The section is intended to accomplish the following: 1. Protect and promote the public health, safety and general welfare of the residents of the unincorporated areas of the County; 2. Minimize potential impacts of towers upon residential areas and land uses; 3. Encourage and promote the location of towers in nonresidential areas, where the adverse impact on the community is minimal; 4. Minimize the total number of towers throughout the community by strongly encouraging the collocation of antennas on new and pre-existing tower sites as a primary option rather than construction of additional single -use towers; 4 6trwrk -musk portions are deleted. 08-008 Clean Underlined portions are added. 5. Encourage and promote *e users of telecommunications towers and antennas to configure them in a way that minimizes the adverse visual impact of the telecommunications towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; and 6. Minimize potential damage to prop_ern from wireless telecommunications towers and telecommunications facilities by requiring such structures be soundly designed constructed modified and maintained and in compliance with all requirements of the Building Code applicable to similar structures; and 7. Enhance the ability of the providers of telecommunications services to provide such services to the community through an efficient and timely application process. In furtherance of these,gools the County will at all times give due consideration to the CounU's Comprehensive Plan zoning maps existing land uses. and environmentally sensitive areas including hurricane preparedness areas in approving sites for the location of towers and antennas. B. DEFINITIONS As used in this Section the following terms will have the meanings set forth below, and will have control over any other definitions contained in the County's Code*. 1. "Accessory Use" means a secondary use including a use .that is related to. incidental to subordinate to and subservient to the main use of the property on which an antenna and or telecommunications tower is sited. 2. "Alternative Camouflage or Stealth Tower or Antenna Structure" means a design mounting structure that encloses obscures or conceals the presence of an antenna or telecommunications tower (for example man-made trees, clock towers, bell steeples lightpoles utility poles and similar alternative designs. 3. "Antenna" means a transmitting and/or receiving device mounted on a telecommunications tower building or structure and used in wireless telecommunications services that radiate or capture electromagnetic waves digital signals, analog signals, radio frequencies wireless communications signals and other communications signals 5 S#1-Ue e* portions are deleted. 08-008 Clean Underlined portions are added. including directional antennas such as panel and microwave dish antennas and omni- directional antennas such as whips; but excluding radar antennas amateur radio antennas and satellite earth stations. 4. "Applicant" (owner, licensed contractor, and/or lesseel means a person or entity, with property owner authorization with an application before the County for a permit for a wireless service facilitx 5. "Broadcasting Facilin" means any telecommunications tower built primarily for the purpose of broadcasting. AM, FM or television signals 6. "Building -permit Review" means_ a review for compliance with building constructions standards adopted by the County under Chapter 553 and Chapter 13 of the County Land Development Code and does not include a review for compliance with land development regulations. 7. "Carrier" means a compM licensed by the Federal Communications Commission (FCC) that provides wireless services. A tower builder or owner is not a carrier unless licensed to provide wireless services. 8. "County" means the County of St. Lucie, a political subdivision of the State of Florida, in its present form or in any later reorganized consolidated or enlarged, form 9. "Collocation" means the situation when a second or subsequent wireless carrier use an existing structure to locate a second or subsequent antennas. The term includes the ground, platform, or roof installation of equipment enclosures cabinets or buildings and cables, brackets, and other equipment associated with the location and operation of the antenna. 10. "Equipment Building" means the cabinets, shelter, building or other such structure which contains the electronic equipment used in the operation of the antenna. Unless, the context indicates otherwise, the term includes generators, generator fuel supplies, cable connections and supports electrical panels and similar accessory components. 11. "Essential Services"' means those services provided by the County and other governmental entities that- directly relate to the health and safety of its residents including fire. police and rescue. 67TTnderlined0� portions are deleted. 08-008 Clean Uportions are added. 12. "Existing Structure" means a structure that _exists at the time an application for permission to place antennas on a structure is filed with the County. The term includes ga structure that can structurally support the attachment of antennas in compliance with applicable codes. 13. "FAA" means the Federal Aviation Administration. 14. "Fair Market Value" means the price at which a willing seller, or telecommunications tower owner, and willing buyer or service provider seeking to rent space on owners' telecommunications tower, will trade. 15. "FCC" means the Federal Communications Commission. 16. " ft&A Tower" means a telecommunications tower that is supported. in whole or in part, by guy wires and around anchors. 17. "Height" when referring to a telecommunications tower or other related structure means the vertical distance measured from the finished grade of the parcel to the highest point on the telecommunications tower or other related structure, including the base pad and any antenna B. "Historic Building Resource Structure Site Object, or District" means any building resource structure site object or district that has been officially designated as a historic building. historic resource, historic structure, historic site, historic object or historic district through a federal state or local designation program. 19. "Land Development Regulations" means any ordinance enacted by the County for the regulation of any aspect of development including zoning, subdivisions, landscag,ina tree protection or signs the County's comprehensive plan, or any other ordinance concerning any aspect of the development of land. The term does not include ga building construction standard adopted under and in compliance with Chapter 553. 20. ` "Lattice Tower" means a telecommunications tower that is constructed to be self supporting b ry lattice ape supports and without the use of guy wires or other supports. 21. "Microwave Dish Antenna" means a dish -like antenna used to link telecommunications sites together by wireless transmission and/or receipt of voice or data. 7 $# rew)h portions are deleted. 08-008 Clean Underlined portions are added. 22. "MonoR21e Tower" means a.telecommunications tower consisting of a single pole or spire self -supported on a permanent foundation constructed without guy wires ground anchors, or other supports. 23. "Pre -Existing Towers and Pre -Existing Antennas" means any telecommunications tower or antenna for which a building permit or special use permit has been properly issued and finalized prior to the effective date of this Ordinance including aermitted telecommunications towers or antennas that have not yet been constructed so long as such approval is current and not expired 24. "Search Area" means the geographic area in which a telecommunications facility must be located in order to provide coverage of the applicant/tenant's designed service areas certified by an affidavit of a Radio frequency Engineer. 2_5. "Whip Anteiina" means a cylindrical antenna that transmits signals in 360 degrees. 26. "Wireless Telecommunications Service" means "commercial mobile radio service" as provided under ss. 3(27) and 332(d) of the Federal Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, August 10, 1993, 107 Stat. 312. The term includes service provided by any wireless real-time two-way communication device, including radio -telephone communications used in cellular telephone service; personal communications service; or the functional or competitive equivalent of a radio -telephone communications line used in cellular telephone service, a personal communications service-, or a network radio access line. The term does not include wireless providers that offer mainly dispatch service in a more localized, noncellular configuration; providers offering only data, one-way, or stored - voice services on an interconnected basis; providers of air -to -ground services; or public coast stations. 27. "Wireless or Telecommunications Tower' means any structure, and support telephone, radio and similar communication purposes, including lattice, monopole and guyed telecommunications towers. Unless otherwise expressly excluded, the term includes transmission telecommunications towers, microwave telecommunications towers, common - carrier telecommunications towers, cellular telephone telecommunications towers, alternative telecommunications tower structures, among others. 8 S#raek�hPa--ah portions are deleted. 08-008 Clean Underlined portions are added. 28. 'Wireless Communications or Telecommunications Facility" means an and other such equipment Placing a wireless communications facility on an existing structure does .not cause the existing structure to become a wireless communications facility. Such definition shall not include facilities of a governmental entity where such facilities are utilized to provide intra-governmental communications. not generally available to the public. to protect the health safety and welfare of the public, including but not limited to the South Florida Water Management District. GENERAL: 1. Telecommunications towers may be located as a permitted use in the "AG-5" Agricultural-5, "IL" Industrial Light, "IH" Industrial Heavy, and "U" Utility Zoning Districts, subject to the requirements of 4:e Section 7.10.23. Telecommunications towers may .be located as a conditional use, subject to the requirements of Section 7.10.23 and Section 11.07.00, in all remaining zoning districts. 2. Telecommunications towers may be located as a permitted use on the same property as another use. A different existing use on the same lot or parcel that is proposed to have a telecommunications tower located on it shall not preclude the installation of that telecommunication tower if the other requirements of this section can be met. 3. Broadcasting Facilities/Amateur Radio Station Operators/Receive Only Antennas This Ordinance will not govern any telecommunications tower, or the installation of =. antenna that is for the use of a broadcasting facility or is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receiving only antennas. &�4. Collocation of telecommunications antennas by more than one provider on existing telecommunications towers shall take precedence over the construction of new telecommunications towers. Accordingly, each application shall include a written report certified by a professional engineer licensed to practice in the state of Florida, stating that the applicant has reviewed the County's inventory of existing towers, antennas and approved sites within the search area for collocation opportunities on an 9 F portions are deleted. 08-008 Clean Underlined portions are added. existing site, and that no existing tower or structure within 1/2 mile of the proposed site can accommodate, or be modified to accommodate the applicant's proposed facility. 5. Inventory of Existing Sites a. Each applicant shall review the County's inventory of existing towers, antennas, and approved sites w4hin Ae seepeh epee. All requests for sites other than the inventory . shall include specific information concerning the location, height, and design of the proposed telecommunications tower. No new telecommunications tower wh4eh e of shall be approved unless, the applicant demonstrates to the reasonable satisfaction of the County that no existing tower, structure or economically or technically feasible alternative technology that does not require the use of new telecommunications tower or new structures can accommodate, or be modified to accommodate the applicant's proposed antenna. Evidence submitted to demonstrate. that no existing telecommunications tower structure or alternative e0epnoive technology is. suitable shall r consist of any of the following: I. An affidavit demonstrating that the applicant made diligent efforts for permission to install or collocate the applicant's telecommunications facilities on County owned telecommunications towers or usable antenna support located within a one-half (1/2) mile radiuses of the proposed telecommunications tower site. An affidavit demonstrating that the applicant made diligent efforts to install or collocate the applicant's telecommunications facilities on towers or useable antenna support structures owned by other persons located within a one-half (1/2) mile radius of the proposed telecommunications tower site. 2-.iii. Existing towers or structures do not have sufficient 10 &I -Welt 4kpa,-0 portions are deleted. 08-008 Clean Underlined portions are added. structural strength to support applicant's proposed antenna and related equipment. 3{v. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. 4-vv. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. &vi The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable. 6:vii. The applicant demonstrates that alternative technology used in the wireless telecommunications business and within the scope of applicant's FCC license is economically or technically not feasible. b. The County may share such information as provided in Sections 7.10.23(6I)(2xa) with other applicants applying for a permitted use on private property and conditional use under this section or other organizations seeking to locate antennas within the jurisdiction of the County provided, however, that the. County is not, by sharing such information, in any way representing or warranting. that such information is accurate or that such sites are available or suitable. 4:6. No signals, artificial lights, or illuminations shall be permitted on any tower or antenna unless required by the FAA or .other applicable authority. If lighting is required., the lighting alternatives and design chosen must cause the least disturbance to the Yiews-fneat surrounding ppepepties views. &7. Other than warning signs, no signs, including commercial advertising, logos, political signs, flyers, or banners shall be allowed on any part of a telecommunications tower. Any signs placed in violation of this section shall 11 S#k-#kreeigh portions are deleted. 08-008 Clean Underlined portions are added. be removed at the expense of the owner. All warning signage shall conform with the requirements of Chapter 9.00.00 of this Code. Notwithstanding those requirements, the following provisions shall apply: a. The warning signs may be attached to free standing poles if the content of the signs maybe obstructed by landscaping. b. The County reserves the 'right to modify or waive the above requirements to avoid visual clutter and to better apply the goals of this section. C. Warning signs shall include the name of the owner(s) and operators and a twenty-four (24) hour emergency telephone number posted adjacent to the gate. d. If high voltage is necessary for the operation of the telecommunications tower or anv accessory structures "HIGH VOLTAGE --DANGER' warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than forty (40) feet apart. e. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall.and spaced no more than forty (40) feet apart L The height. of the fettering of the warning signs shalt be at least twelve (12) inches in height. The warning signs shall be :installed at least five (5) feet above the finished grade. 6: -7-.8. Parking shall be in compliance with Section 7.05.00 and 7.06.00 of this Code. 8-9. All telecommunications towers. and the accessory building(s) and/or equipment associated with the towersr1 shall be enclosed by opMue security fencing eight (8) feet in height and the tower shall be equipped with an appropriate anti climbing device, regardless of the zoning district in which the tower is located-, provided. however. the County may waive such requirements. 12 S #haeag# portions are deleted. 08-008 Clean Underlined portions are added. 940. Telecommunications tower setbacks and separations standards, as provided in Sections 7.10.23(M) and 7.10.23(N)(1) of this Code shall be calculated and applied to telecommunications tower facilities located in the County irrespective of municipal and county jurisdictional boundaries. 40-11. Telecommunications towers shall be regulated and permitted pursuant to this Section and shall not be regulated as essential services, public utilities, or private utilities. 44-12. Owners and/or operators of towers shall certify that all licenses required by law for the construction and/or operation of a wireless communications system in the County have been obtained and shall file a copy of all required licenses with the County. Gr.D. GGIDEWSAFER9 STANDARDS APPLICATIONS FOR NEW. WIRELESS TELECOMMUNICATIONS TOWERS: 1. The Counter shall grant or deny each properly completed application for any wireless communications facility, not otherwise subject to Sec. K. based on the applicant's compliance with the County's applicable regulations including but not limited to land development regulations consistent with this subsection and within the normal time frame for a similar type of review but in no case later than ninety (90) business days. after the date the application is determined to be properly completed in accordance with this Pars 2. An application is deemed submitted or, resubmitted on the date the. application is received by the If the County does not notify the applicant in' writing that the application is not completed in compliance with the County's regulations within twenty (20) business days after the date the application is initially submitted or additional information resubmitted the application is deemed fior administrative purposes only, to be properly completed and properly submitted. However. the determination shall not be deemed as an approval of the application If the application is not completed in compliance with the County's regulations the County shall so notify the applicant in writing and the notification must indicate with specificity any deficiencies in the regu documents or deficiencies in the content of the required documents or deficiencies in the content of the required documents which. if cured make the application properly completed Upon resubmission of information to cure the stated deficiencies, the County shall notify the applicant in writingwithin the normal time frame of review, but in no case 13 6#1-de{F4hreegl� portions are deleted. 08-008 Clean Underlined portions are added. longer than twenty (20) business days after the additional information is submitted of any remaining deficiencies that must be cured Deficiencies in document type or content not specified by the County do not make the application incomplete Notwithstanding this subparagraph, if a specif ied deficiency is not properly cured when the applicant resubmits its application to comply with the notice of deficiencies the County may continue to request the information until such time as the specified deficiency is cured The County may establish reasonable time frames within which the required information to cure the application deficiency is to be provided or the application will be considered withdrawn or closed. 3. If the County fails to grant or deny apro perly completed application for a wireless communications facility within the time frames set forth in this Section D the application shall be deemed automatically approved and the applicant may proceed with placement of such facilities without interference or penalty. The time frames specified in this Section D may be extended only to the extent that the application has not been granted or denied because the County's procedure generally applicable to all other similar types of applications permits, require action by the Board of County Commissioners and such action has not taken place within the time -frames specified in this Section 5 Under such circumstances, the Countywill act to either grant or deny the application at its next regularly scheduled meeting or otherwise, the application is deemed to be automaticail_y approved. Applicants regulated by this Ordinance may request a pre application conference with the Counly. Such re nest shall be submitted with a non -re undable fee of Five Hundred Dollars ($500.00) to reimburse the Count for the cost and fees incurred by the conference. GE. BUILDING CODES/SAFETY STANDARDS: The construction, . maintenance, operation and repair of telecommunications facilities are subject to the supervision of the County to the extent not otherwise prohibited :by Ch. 365.172 FL. STAT., and shall be performed in compliance with all applicable laws, ordinances, departmental rules and regulations and practices affecting such structures including, but not limited to, zoning codes, building codes, and safety codes, and as provided below. 1. All telecommunications towers must meet or exceed current standards and regulations of the FAA, the FCC, including radio frequency emission standards and regulations of the state or federal government with the 08-008 Clean 14 b#rde1- Are -A portions are deleted. Underlined portions are added. J authority to regulatetowers prior to issuance of a building permit by the County. If such applicable standards and regulations are changed, then the owners of the telecommunications towers governed. by' this Ordinance shall bring such towers and antennas into compliance with such revised standards .within six (b) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Unless otherwise prohibited by applicable federal or state law, failure to bring towers and antennas into compliance with such revised standards. and regulations shall constitute grounds for the removal of the tower at the expense of the owner. 2. To ensure the structural integrity of telecommunications towers, the owner shall construct and maintain the telecommunications tower in compliance with all applicable building codes, other applicable codes and standards as amended from time to time. A statement shall be submitted to the County by a professional engineer certifying compliance with: this subsection. Where a preexisting structure, including light and power poles, is requested as a camouflage facility by the owner, the facility, and all. modifications thereof, shall comply with all Building-Gede requirements as provided in this section. 3. Although the Counn will not require wireless providers to provide evidence .of a wireless communications facility's compliance with federal regulations except evidence of compliance with applicable Federal Aviation Administration requirements and evidence of proper FCC license or other evidence of FCC authorized spectrum use, the County may request the FCC to provide information as, to a wireless provider's compliance with federal regulations as authorized by federal law. OE. REQUIREMENT OF 5ITE PLAN AND ENGINEERIN& REPORT. All applicants for new towers and towers which are modified or reconstructed to accommodate additional antennas shall submit a written report certified by a professional engineer licensed to practice in the State of Florida. The report shall include: all information required bx Section 1102 09 A (1) (2) (3) and (5) of the Land Development Code of St Lucie County except to the extent such information is determined to be not applicable bx the Building Department or otherwise prohibited by applicable state or federal law. In addition the report shall include the following: 15 btruelt thre"h portions are deleted. 08-008 Clean Underlined portions are added. 1. A site plan of the property within 300% percent of the tower height of the tower drawn to scale prepared in accordance with the requirements of Section 11.02.00 of this Code, including, but not limited to: a. Site plan development consistent with Section 1102 00 including. i, A tax parcel number. legal description of the parent tract and leased parcel, total acres and Section/Township/Range of the subject propel ii. The lease parcel fully dimensioned including property lines setbacks roads on or adjacent to the subject property, easements; iii. Outline of all existing buildings including a purpose (i.e., residential buildings garages accessory structures etc) on subject property located within 300% of the tower height from the tower; iv. All existing vegetation, by mass or individually by diameter. measured "four (4) feet f rom the ground of each stand-alone tree on the subject property located within 300% of the tower height of the tower` v_: Proposed/existing security barrier indicating type and extent as well as point of controlled entry vi. ProRosed/existing access easements utilijy easements and parking for the telecommunications tower; vii. All proposed changes to the subject property, including grading, vegetation removal, temporary or permanent roads and driveways; storm water management facilities and any other construction or development attendant to the telecommunications tower; viii. If applicable, on -site and adjacent land uses and Comprehensive Plan .classif ication of the site 16 S#rwek-#kretlg# portions are deleted. 0$-008 Clean Underlined portions are added. 2. Type of tower and specifics of design. a. Scaled renderings of elevations depicting the design of the tower and associated equipment including but not limited to the antennas, mounts equipment shelters cable as well as cable runs, fencing, landscaping and security barrier, if any: b. Materials of the proposed tower specified by. generic type and specific treatment (i.e., anodized aluminum stained wood, painted fiberglass etc These shall be provided for the antennas, mounts, ggui ment shelters cable as well as cable runs, and security barrier, if anti c. Colors of the proposed tower representedby a color board or e4uivalent showing actual colors., proposed Colors shall be provided for the antennas mounts gguipment buildings, cable as well as cable runs and security barrier, if any: d. Dimensions of the tower specified for all three directions: height, _width and breadth These shall be provided for the antennas, mounts equipment shelters and security barrier, if any: and e. A visual impact analysis with a minimum of two (2). photo digitalization or photographic superimpositions of the tower within the subject ^property. The photo digitalization or photographic superimpositions shall be,provided for all attachments, including: the antennas mount's equipment shelters cables as well as cable runs, and sec uritybarrier if ' any for the total height, width and breadth, as well as at a distance of two hundred fifty (250) feet and five hundred (500) feet from all properties within that.ranae, or at other points g9reed upon in a pre -application conference. 43. If applicable. Aa narrative of why the proposed tower cannot comply with the requirements as stated in this section, if appl+eeble. 6.4. Prior to issuance of a permit, current wind -loading capacity and a projection of wind -loading capacity using different types of antennas as contemplated by the applicant. No telecommunications. tower, shall be permitted or be permitted to be modified so as to exceed its wind -loading capacity. 6-.5. A statement that the proposed tower, including reception and transmission functions, will not interfere with the customary transmission or reception of radio, 'television or similar services as well as other wireless_ services enjoyed by adjacent residential and nonresidential properties. -7-.6. A statement of compliance with Section7.10.23(6E�. all applicable Building Codes, associated regulations and safety standards. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the telecommunications tower. Except where provided in Section 7.10.23(8C)(3xa), all towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall be able to accommodate two. (2) users and, at a minimum, self support/lattice or guyed towers shall be able to accommodate three (3) users. 9:7. . Any additional information reasonably deemed necessary by the County to assess compliance with this Code.and applicable law. 8. Special fee. The County. shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications for individual towers. The. special fee shall be based upon the hourly rate of the independent technical consultant or expert the County deems necessary to properly evaluate applications for a tower or towers. The special fee shall be applied to those applications requiring special review or evaluation. The special fee shall be paid by'the applicant to the County. E�. . AESTHETICS. All telecommunications towers and antennas shall meet the following requirements: 1. At a telecommunications tower site, the design of the buildings and related 08-008 Clean 18 b#rtfc , *hreagh portions are deleted. Underlined portions are added. structures shall use materials, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings to minimize the visual impact. Towers and any accessory buildings shall retain their silver/grey factory finish, or subject to any applicable standards of the FAA, be finished or painted in stealth or neutral tone colors, so as to reduce visual obtrusiveness. 2. Except as noted in paragraph 3 and 4 below; all telecommunications tower sites must comply with the landscaping and screening requirements of the Land Development Code The Environmental Resources Director shall require landscaping in excess of any written requirements as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and nonresidential land uses. All landscaping shall be properly maintained to ensure good health and viability at the expense of the owner. Telecommunications tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the telecommunications tower compound from property used for residence standard buffer shall consist of a landscaped strip at least ten (10) feet wide outside of the perimeter of the compound, except that. if the'towerperimeter abuts a,_public or private street or road right-of-M, the minimum buffer width shall be .fifteen (15) feet. Existing mature growth not including exotics and natural land forms on the site shall be preserved to the maximum extent possible. In some cases; such as towers sited on large' wooded lots natural growth around the property perimeter may be a sufficient buffer. The Environmental Resources Director shall be responsible` for determining if the existing native perimeter vegetation meets the intent of this Code. All areas disturbed duriM project construction shall be replanted with vegetation according toSection 7.09.00, of this Code. 3. If an antenna is installed on a structure other than a telecommunications tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with. the color of the supporting structure so as to. make the antenna and related equipment as visually unobtrusive as possible. .&A The Board of. County Commissioners may consider total or partial relief from the required perimeter landscaping requirements of Paragraph 2 above, if the proposed Telecommunications Tower meets #ate all of the following 08-008 Clean 19 s4ptleli thpo -I portions are deleted. Underlined portions are added. standards and criteria: a. The Telecommunications Tower is located in an AG-5, AG-2.5, AG-1, IL, IH or U Zoning district: b. The proposed Telecommunications Tower is located a minimum of one thousand '(1000) feet, or the tower height, whichever is greater, from the nearest public street or road right-of-way, public park or playground, pubic or private school (primary or secondary educational facility), habitable residential structure or any area zoned for residential or commercial uses. For the purpose of this paragraph this restriction shall apply to all properties regardless of political boundary. C. The proposed Telecommunications Tower base must be screened from view by either, existing vegetation, intervening buildings, structures or other physical or made features meeting the intent of this code. d. It is demonstrated to the satisfaction of the Board of County Commissioners that the planting of any vegetation would result in the high probability of general plant mortality due to unacceptable soil conditions that cannot otherwise be resolved through replacement of the soil or other form of soil treatment. In considering any request for relief under the provisions of this section, the Board of County Commissioners may impose reasonable limiting conditions associated with that relief. 4.5. The provisions of this paragraph shall not, apply to wireless facilities erected or attached to any existing telecommunications tower or existing, building or structure except that any support buildings or structures for the additional antenna or antenna arrays must be screened compliant with the intent of this code. 9.6. The County reserves the right to require that any new towers be designed as an alternative tower structure.. F:HH, SECURITY FUND. 20 6#rde11 Ors"A portions are deleted. 08-008 Clean Underlined portions are added. Every Telecommunications service provider shall establish a cash security fund, or provide the County, with an irrevocable letter of credit in the some amount, to secure the cost of removing an antenna, antenna array, or tower that has been determined to be abandoned under Section. 7.10.23(P Q), in the event the owner fails to comply with the provisions of Section 7.10.23(P Q). The amount of the cash security fund, letter of credit, or, bond is to be provided as follows: 1. For each commercial telecommunication W-'No $25,000 tower and the initial set of antenna or antenna array 2. For each co -located telecommunication 0GG $5,000 providers antenna or antenna array fr.I. GENERAL REQUIREMENTS FOR THE LOCATION OF NEW WIRELESS TELECOMMUNICATIONS TOWERS ON COUNTY PROPERTY In addition to the other standards of this section, every new telecommunications tower proposed for location on any property owned, leased, and/or controlled by St. Lucie County shall be subject to the following minimum standards: 1. Lease Required. Any new construction, installation or placement of I a telecommunications facility on any property owned, leased, and/or controlled by the County shall require a Lease Agreement executed by the County and the owner of the facility. The County may require, as a condition of entering into a Lease Agreement with a telecommunications services provider, the dedication of space on the facility for public health and safety purposes, as well as property improvements on the leased space, Any dedications and improvements shall be negotiated prior to execution of the lease. 34:2. Incentive to collocate facilities on County property. Pursuant to the intent of this Ordinance, the County shall provide the following incentives to tenants in order to encourage the collocation of telecommunications facilities: . 21 Straelt *hre k portions are deleted. 08-008 Clean Underlined portions are added. a. Tenants seeking to co -locate shall not pay rent to the facility owner in excess of the fair market value for the space, as determined at the time of execution of the lease. b. The County shall receive a percentage. of the rental fees and permit fees received by the telecommunications facility operators from each subsequent tenant at a. single telecommunications facility located on public. property. Fees for placement, installation and use of telecommunications towers and antennas shall be determined by resolution of the Board. C. No lease or sublease granted under this section shall convey any exclusive right, privilege, permit or franchise to occupy or use the public lands of the County for delivery of telecommunications services or any other purpose. d. No lease granted under this section shall convey any right, title, or interest in the public lands other than a leasehold interest, but shall be deemed only to allow the use of the public lands for the limited purpose and term stated in the lease agreement. No lease granted under this section shall be construed as a conveyance of a fee title interest in the property. e. The Board of County Commissioners shall adopt by resolution a standard f eg schedule to be used in the calculation of lease rates for the use of County property for establishing a telecommunications tower site. &.3mr : Indemnification and insurance requirements Indemnification a. The County shall not enter into any lease agreement or otherwise allowing .tower siting by a telecommunications service provider until and unless the County obtains an adequate indemnification from such provider. This indemnification must at least: (1) Release the County from and against any and all liability and 22 b#raekthreagh portions are deleted. 08-008 Clean Underlined portions are added. responsibility in or arising out of the constructions, operation, or , repair of the telecommunications facility. Each telecommunications facility operator must further agree not to sue or seek any money or damages from the County in connection with the above mentioned matter; (2) Indemnify and hold harmless the County, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorney's fees, liabilities, damages, orders, judgments or decrees, sustained by the County or any third party arising out of, or by reason of, or resulting from, or out of each telecommunications facility operator's, or its agent's, employee's, or servant's negligent acts, errors, or omissions; and, (3) Provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in full force and effect as to the responsibility of the party to indemnify. Insurance a. The County: may not enter into .any lease agreement, or otherwise authorize a tower site by any telecommunications service provider until and unless the County obtains assurance that such operator .(and those acting on its. behalf) have adequate insurance as determined by the County Personnel/Risk Manager. At a minimum, the following insurance requirements shall be satisfied: (1) A telecommunications facility operator shall not .commence construction or operation of the facility without obtaining all insurance required under this section and approval of such. insurance by the County Personnel/Risk Manager, nor shall a telecommunications facility operator allow any contractor or subcontractor to commence work on its contract or subcontract until all similar. such insurance required of the same has been obtained and approved by the County 23 &"wak Are"94 portions are deleted. 08-008 Clean Underlined portions are added. Personnel/Risk Manager. The required insurance must be obtained and maintained for the entire period the telecommunications facility is in existence. If the operator, its contractors or subcontractors do not have the required insurance, the County may order such entities to cease operation of the facility until such insurance is obtained and approved. (2) Certificate(s) of such insurance, reflecting evidence of the required insurance shall be filed with the County Personnel/Risk Manager. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage. (3) The certificate(s) of insurance shall contain a provision that coverages afforded under such policies shall not be cancelled until at least thirty (30) days prior written notice has been given to the County. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. (4) Where applicable, in the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the term of the lease agreement with the County, then in that event the telecommunications facility operator shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage remains in effect for the balance of the lease term. b. A telecommunications facility operator and its contractors or subcontracts engaged in work on the operator's behalf, shall maintain minimum insurance, in the amounts determined by the County Personnel/Risk Manager, to cover liability, bodily injury and property damage. The insurance shall cover the following exposures: premises, operations, and certain contracts. Such coverage shall be written on an occurrence basis and shall also be required under any lease agreement between the County and the telecommunications facility 24 S#rdek through portions are deleted. 08-008 Clean Underlined portions are added. operator. W.I. INITIAL WIRELESS TELECOMMUNICATIONS ANTENNAS ON EXISTING STRUCTURES. Any telecommunications antenna which is not attached to a tower shall be approved by the Building Director as an accessory use to any commercial, industrial, institutional, or multi -family structure of three (3) or more stories provided: 1. The antenna does not extend more than twenty (20) feet above the highest point of the structure; and 2.. The antenna complies with all applicable FCC and FAA regulations and all applicable building codes; and 3. Wall -mounted antennas shall be located as close as possible but no more than four (4) feet from the face of the wall of the building to which it is attached; and 4. To minimize adverse visual impacts, antenna types shall be selected based upon the following priority: (1) camouflage; (2) whip; (3) panel; and, (4) dish. An applicant for the construction of a telecommunications tower shall state in writing why each choice cannot be used for a particular. application if that choice is not the top priority; and 5. Microwave dish antennas located less than sixty-f ive (65) feet above the ground may not exceed six (6) feet in diameter. Microwave dish antennas located sixty-five (65) feet and higher above the ground may not exceed eight (8) feet in diameter. Ground -mounted dish antennas must be located or screened so as not to be visible from abutting public streets; and 6. No signals, lights, or illumination shall be permitted on an antenna or Commission or the Federal Aviation Administration. Security lighting around the base of the antenna and equipment building may be provided if such light conforms to the overspill requirement in the County Code. I. K. COLOCATION OF WIRELESS ANTENNAS ON EXISTING TOWERS AND STRUCTURES 08-008 Clean 25 S#uek Apeogh portions are deleted. Underlined portions are added. An antenna which is attached to an existing tower shall be approved provided such collocation is accomplished in a manner consistent with the following: 1. a. The County shall grant or deny each properly completed application, as provided in this Section, for the collocation of a wireless communications facility within the County's jurisdiction within the normal time frame for a similar building permit review but in no case later ^than forty-five (45) business days after the date the application is determined to be properly completed in accordance with the County's application procedures provided the following. a Collocations on towers; including non -conforming towers that meet to any design or .placement requirements of the County's land development regulations in effect at the time of the collocation that are more restrictive than those in effect at Ai time of the initial antennas placement., approval, to. gM other portion of the land development regulations or to public hearing review. This subparagraph shall not Rreclude a public hearing for any appeal of the decision on the collocation application, provided the following: i. The collocation does not increase the height of the tower to which the antennas are to be attached. measured to the highest point of ga part of the tower or any existing antenna attached to the tower; and ii. The collocation does not increase the ground space area, commonly known as the compound: approved in the site plan for equipment enclosures and ancillary facilities; and iii. The collocation consists of antennas. equipment enclosures, and ancillary facilities that are of a design and configuration consistent with all applicable regulations, restrictions, or conditions if any, applied to the initial antennas placed on the tower and to its accompanying equipment enclosures and ancillar-y facilities and; if applicable, applied to the tower 26 �#wdekWPedgk► portions are deleted. 08-008 Clean Underlined portions are added. supporting the antenna. Such regulations may include the design and aesthetic requirements, but not procedural requirements; other than those authorized by this section, of the County's land development regulations in effect at the time the initial antennas placement was approved. c. Except for a historic building structure site, obiei ct• or district, , a collocation on all other existing structures that meet the requirements in subparagraphs C (i) through (iv) below shall be subject to no more than building permit review, and an administrative review for compliance with this subparagraph. Such collocations are not subject to any portion of the County's land development regulations not addressed herein, or to public hearing review. Nothing herein shall preclude a public hearing for any appeal of the decision on the collocation application: i_ The collocation does not increase the height of the existing structure to which the antennas are to be attached, measured to the highest point of any part of the structure or any existing antenna attached to the structure; ii. The collocation does not increase the groundspace area, otherwise known as the compound, if any, approved in the site plan for equipm_,_ent enclosures and ancillary facilities; iii. The collocation consists of antenna, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with any applicable structural or aesthetic design requirements and an r� requirements for location on the structure, but not prohibitions or restrictions on the placement of additional. collocations on the existing structure or procedural requirements, other than those authorized by this section, of the County's land development regulations in effect at the time of the collocation application; and iv. The collocation consists of antenna, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with all applicable restrictions or conditions, if any, that do not conflict with subparagraph (c) and were applied to 27. fi#rwelt #hpe* portions are deleted. 06-008 Clean Underlined portions are added. the initial antenna placed on the structure and its accompanying equipment enclosures and ancillary facilities and, if applicable, applied to the structure supporting the antennas. d. Regulations, restrictions, conditions; or permits of the County, acting in its regulatoa gWcitly, that limit the number of collocations or require review processes inconsistent with this subsection, shall not apply to collocations addressed in this paragraph. e. If only a portion of the collocation does not meet the requirements of this subparagraph, such as an increase in the height of the proposed antenna over the existing structure height or a proposal to expand the ground space approved in the site plan for the equipment enclosure, where all other portions. of the. collocation meet the requirements of this subparagraph, the portion of the collocation only may be reviewed under the County's regulations applicable to an initial placement of that portion of the facility, including, but not limited to, its land development regulations, and within the review time frame specified in Section D for the placement of new towers. The rest of the collocation shall be reviewed in accordance with this subparagraph. A collocation proposed under this subparagraph that increases the ground space area, otherwise known as the compound, approved in the 'original site plan for equipment enclosures and ancillary facilities by no morethan a cumulative amount of four hundred (400) square feet or fiffy percent (50M of the original compound size, whichever is greater, shall; however, require no more than administrative review . for compliance with . the County's regulations, including, but not limited to, land development regulations review, and building permit review.. with . no public hearing. This subparagraph shall not preclude:a public hearing for any appeal of the decision on the collocation application. If a collocation does not meet the requirements of subparagraph K ib and c. the Countly may review the application under the County's regulations, including, but not limited to, land development regulations applicable to the placement of an initial antennas and its accompanying equipment enclosure and ancillary facilities. g. If a collocation meets the requirements of subparagraph K.l.b. and c, the 28 b#rwe#kreagh portions are deleted. 08-008 Clean. Underlined portions are added. collocation shall not be considered a modification to an existing structure or an impermissible modification of a nonconforming structure. h. The owner of the existing tower on which the proposed antennas are to be collocated shall remain responsible for compliance with any applicable condition or requirement of a permit or agreement, or any applicable condition or requirement of the land development regulations to which the existing tower had to comply at the time the tower. was permitted, including any aesthetic requirements, provided the condition or requirement is not. inconsistent with this paragraph. i. An existing tower, including a nonconforming tower, may be structurally modified in order to permit collocation or may be replaced through no. more than site plan and building permit review process for approval, and is not subject to public hearing review, if the overall height of the tower is not increased and; if a replacement, the replacement tower is a monopole tower or, if the existing tower is a camouflaged tower, the replacement tower is a like -camouflaged tower. The subparagraph shall not preclude a public hearing for any • appeal of the decision 'on the application. 2. An existing tower may be modified or rebuilt up to the same height or to a taller height, to accommodate the collocation of an additional antenna(s), only if the modification or reconstruction is in full compliance with the Building Code and requirements consistent with the original site approval process including. but not limited to submission of .a site plan&t6m wd Buildiing--Gede. This provision shall include utility and power poles. This additional height shall not require an additional separation as set forth in Section 7.10.23(N). The pre-modif ication tower height shall be used to calculate such distance separations. 3. A tower which is being rebuilt. to accommodate the collocation of an additional. antenna may be moved on site within fifty (50) feet of its existing location,. subject to applicable setback and separation requirements. A relocated on site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Section 7:10.23(4N and shall in no way be. deemed to cause a violation of Section 7.10.23(6N)_ A tower which previously received a conditional use approval may be rebuilt according to the conditions under 29 S#rdelh#hrowjh portions are deleted. 08-008 Clean Underlined portions are added. which the conditional use was approved. 4. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. The initial tower shall be removed within thirty (30) days of the final inspection for the new tower. 5. Microwave dish antennas located less than sixty-five (65) feet above the ground may not exceed six (6) feet. in diameter. Microwave dish antennas located sixth --five (65) feet and .higher above the ground may not exceed eiaht (8) feet in diameter._ Ground -mounted dish antennas must be located or screened so as not to be visible from abutting public streets. ROOFTOP MOUNTED TELECOMMUNICATIONS TOWERS AND ANTENNAS. All rooftop towers and antennas shall comply with the following requirements: 1. The height of any tower or antenna of 4he 4ewep, including support structures, shall not extend more than fifteen (15) feet above the average height of the roof line -.Land 2. Rooftop communication facilities shall not adversely affect adjacent. Properties -Land 3. Screening shall be required to minimize the .visual impact upon adjacent properties. 97M. SETBACKS. The following setback requirements shall apply to all telecommunications towers for ` which a permit is required: 1. All telecommunications towers shall be setback from all property lines a minimum distance of the fall radius of the tower or the minimum setback for the zoning district whichever is greater. 2. The base of any guys and accessory buildings must satisfy the minimum zoning district setback requirements. 6& SEPARATIONMEIGHT: 08-008 Clean 30 6*raek Are—k portions are deleted. Underlined portions are added. 1. The following separation requirements shall apply to all telecommunications towers for which a building permit is required: �a. Separation from off-site/designated areas: ea. Telecommunication -Ttower separation shall be measured from the base of the telecommunication tower to the lot line of the off -site and/or designated areas as specified in Table 7-40, except as otherwise provided in Table 7-40. i :2. The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing telecommunications tower(s) and the owner/operator of the existing - telecommunications tower(s), if known: 3. Separation requirements f or towers shall comply with the minimum standards established in Table 7-40. Table 7-40 From any habitable residential structure ; 200% of telecommunications tower {except for accessory security residences in height, whieheyer IL, IH and U zoning districts From vacant residentially zoned land 200% of telecommunications tower height, 1 From any non residentially zoned land and Fall radius or zoning setback , accessory security residences in IL, IH and U whichever is greater zoning districts Separation measured from base of telecommunications tower to closest building setback line. 4. Separation distances between telecommunications towers shall be applicable for and measured between the proposed telecommunications tower and pre-existing towers. The 31 S#�ek*kpe 0 portions are deleted. 08-008 Clean Underlined portions are added. separation distances shall be measured by drawing or following a straight line between the base of the pre-existing telecommunications tower and the proposed base, pursuant to a site plan, of the proposed telecommunications tower. The separation distance shall be a minimum of one (1) mile, regardless of type of towers. E5. The Board of Adjustment may approve variances from the separation requirements' to habitable residential structures, and to vacant residentially zoned land, provided that no variance shall permit a separation distance of less than that required from non-residential land. b. The Board of Adjustment shall not approve a variance except upon specific written findings of fact based directly upon the particular facts submitted to them showing that: fig. A literal interpretation of the provisions of Table 7-40 would render the. applicant in violation of applicable law or would preclude provision of service in the desired area.. 22.b. The granting of the variance will not be detrimental or injurious to surrounding properties, and will not endanger public safety. Vic. The variance is the minimum variance that will make possible reasonable use of the land, building, and structures; and 4A. The variance requested arises from a condition that is . unique and peculiar to the land involved and that it is created by the conditions of this Code and not by the ' actions of the property owner or applicant. The above standards of review are in addition to those general standards set out in Section 10.01.02 of this Code 2.b. Separation distances between telecommunications towers. 32 Struck *hrough portions are deleted. 08-008 Clean Underlined portions are added. 08-008 Clean e:l. The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the. owner/operator of the existing tower(s), if known. b:2. Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the center of the base of the existing tower and the center of the base of the proposed tower, pursuant to a site plan. e-3. Each applicant shall review the County's inventory of existing towers, antennas, and approved sites within the search area. , All requests for sites other than the inventory shall include specific information. concerning the location, height, and design of the proposed tower. No new tower whoc;h is-mepe shall be permitted within; one mile of an existing tower wkic#-+s-one height -unless the applicant demonstrates toy the reasonable satisfaction of the County. that no existing. tower, structure or alternative technology that does not require the use of new towers or new structures can accommodate, : or be modified to accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no, existing tower structure or alternative technology is suitable may consist of any of the following; 4n. No existing tower or structure located within the search area has the capacity to. provide reasonable technical service. 2-b. Existing towers or structures are not of sufficient height to meet applicable requirements. Vic. Existing towers or structures do not have sufficient structural strength to support applicant's proposed 33ew9h portions are deleted. Underlined portions are added. 08-008 Clean antenna and related equipment. 4d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antennas. 5-.e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. 6:f. The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable. 4.4. The Board of Adjustment may approve variances from the separation requirement provided that the applicant meets all other provisions of Section 7.10.23(hN). e:5. The separation distance of one mile between towers shall not apply to properties that are proposed to be developed as a "telecommunications tower farm", in order to encourage. clustering of telecommunications towers on a single property, provided that all other setback and separation standards as specified in this section are met. 6. Unless otherwise granted a variance, telecommunications towers. shall be constructed in heights as provided below: n. For a single user, up to one hundred (100) feet in height' b. For two users, up to one hundred f if (150) feet in height; C. For three or more users, towers in excess of one 34 S#�u gh portions are deleted. Underlined portions are added. hundred fifty (150) feet, but not taller than two hundred fifty (250) feet, provided such towers are constructed as a monopole as def fined herein. d. For the purpose of determining compliance with all . requirements of this . Section, measurement Iof telecommunications tower height shall include the telecommunications tower structure itself the base pad, and any other telecommunications facilities attached thereto. Telecommunications tower height shall be measured from grade. M-0 BUILDINGS AND EQUIPMENT STORAGE AREAS. It is recognized that each telecommunications tower will have some type of associated electronic support and equipment buildings at or near the tower. Depending on the type of tower being erected, the following general standards shall apply, in addition to the other general provisions of the code. 1. Rooftop mounted *ewers wireless facilities shall comply with the following requirements: a. Rooftop equipment/storage cabinets shall be set back a minimum of fifteen (15) feet from the edge of the roof or 1/4 of the distance along the perpendicular. axis of the roof, whichever is less. b. All rooftop equipment buildings. shall be finished, screened or designed so that they blend into the architecture of the building on which they are located. C. All equipment buildings shall meet all County design standards and comply with the building codes. d. No commercial advertising, including company name, shall be allowed on an antenna, screen or equipment building. e. No signals, lights, or illumination shall be permitted on an antenna or, equipment building unless required by the Federal Communications Commission or the Federal Aviation Administration. Security lighting 35 St- wak thre* portions are deleted. 08-008 Clean Underlined portions are added. around the base of the antenna and equipment building may be provided if such light conforms to the overspill requirement in the County Code. f. The only sianaae that may be permanently attached to the building shall be for the purpose of identifying the party responsible for operation and maintenance of the facility, its address, and telephone number for safety and security and shall comply with this Code. g Mobile or stationary equipment not located within the building: upon which the antenna is mounted, or in an equipment building or cabinet shall not be stored or parked on the site of a building mounted antenna, unless repairs to the antenna are being made. 2.. Antennas located on power poles, street lights or other utility poles shall comply with the requirements for collocations set forth herein and with the following requirements. a. Equipment/storage cabinets located on the ground in a public right of way shall not exceed a total of twenty-five (25) square feet in area without administrative approval b. The height of any equipment/storage cabinet located on the ground in a public right of way shall not exceed five (5) feet without administrative approval. 3. Antennas located on towers shall comply with the following requirements: a. Equipment/storage facilities shall comply with the minimum building setback standards of the zoning district in which they are located. This requirement may be modified by the Board of Adjustment to encourage collocation. b. All equipment/storage facilities shall be screened in accordance with the general requirements of Section 7.09.00. 4. Generators may be used only when other power sources are not available, and as an emergency back-up power source. 36 S#Pa I� portions are deleted. 08-008 Clean Underlined portions are added. N-P. SUPPLEMENTAL. REVIEW INFORMATION FOR WIRELESS TELECOMMUNICATIONS TOWER CONDITIONAL VSE APPLICATIONS. In addition to the minimum standards of review set forth in this section, any application for a conditional use permit for the construction of a telecommunications tower shall address the following standards and requirements: 1.. Compliance with the procedures and requirements of Section 1107 00 2. Availability of suitable existing towers, other structures, or economically and technically feasible alternative technologies not requiring the use of towers or structures. 2- .. Height of the proposed tower. a -A Setback and separation distance between the proposed tower and the nearest residential units, residential district boundaries, and platted residentially zoned 'property, where applicable. 4.1. Typography of the area where the tower is proposed to be located. 6. Type, extent and density of existing native vegetation at the proposed site and the surrounding tree coverage and foliage. 6:7. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. Camouf lage tower designs shall be encouraged as meeting this criterion. 7& Proposed ingress and egress. 89. A non refundable fee of five hundred dollars ($500.00) to reimburse the County for the costs of reviewing the application. A..Q' REMOVAL OF WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS. Any telecommunications tower or antenna that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such telecommunications tower or antenna. hall remove the some within ninety (90) days 37 Prur,k Aped portions are deleted. 08-008 Clean Underlined portions are added. of receipt of notice from the :County notifying the owner of such abandonment. Failure to remove an abandoned telecommunications tower or antenna within the ninety (90) days shall be grounds for the County to remove the tower at the expense of the owner. If there are two (2) or more users .of a single telecommunications tower, the telecommunications tower shall not be considered abandoned until all users cease using the telecommunications tower for a continuous period of twelve (12) months. PRE=EXISTING. TELECOMMUNICATIONS TOWERS. Any telecommunications tower erected before September 2, 1997 shall be allowed to continue usages which existed on this date. Routine maintenance of the tower and its support facilities is allowed to continue. Any existing tower that does not meet the standards of this section shall not be required to meet these standards unless and until the tower is proposed for replacement. At the time any existing telecommunications tower is proposed to be replaced or substantially improved, then the requirements of this section shall apply to the extent not prohibited by Ch. 365.172 FL.Stat. Q-.S. INSPECTIONS, REPORTS, FEES, AND MONITORING. A4. Telecommunications tower owners shall submit a report to the Germ wn4y Deyelepment$ Building Department certifying structural and electrical integrity of the tower every fives years, The report shall be accompanied County for the cost of review. b-2. The County may conduct periodic inspections of telecommunications towers, at the owner's expense, to ensure structural and electrical integrity and compliance with the provision of this Ordinance. The owner of the telecommunications tower may be required by the County to have more frequent inspections should there be extraordinary conditions or other reason to believe that the structural and electrical integrity of the tower is jeopardized. There shall be a maximum of one inspection per year unless extraordinary conditions warrant. If, upon inspection, the County concludes that a tower fails to comply with applicable laws, codes, regulations or permits or constitutes a danger to persons or property, then upon notice being provided to the owner of the 38 Struelt throw portions are deleted. 08-008 Clean Underlined portions are added. tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such communications expense. T. PENALTIES. Any Berson: firm or corporation who knowi_ly - breaches any provision of this Section shall upon receipt of written notice from the County be given a time schedule to cure the violation. Failure to commence to cure within thirty (30) days and to complete a cure, to the County's satisfaction, within sixty (60) days, or such longer time as the County may specify. shall result. in revocation of My permit or license and the Countyshall seek any remedyor. damages to the full extent of the law. This shall not preclude other penalties allowed by law. PART B. SEVERABILITY. The various parts,, Sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, Section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. In the event of a subsequent change in applicable law, so the provision which had been held .invalid is no longer invalid the provision shall thereupon return to full force and effect without further action by the County and shall thereafter be binding under this Ordinance. PART C. INCLUSION IN THE CObE. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word.. PART 0. PROVISIONS OF THIS SECTION TO CONTROL. Notwithstanding any contrary, provisions of the County's Code of Ordinances, 39 Praek-#hreportions are deleted. 08-008 Clean Underlined portions are added. including the County's zoning regulations, the provisions of this new Ordinance shall control. PART E. REPEALER. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. PART F. EFFECTIVE DATE. This ordinance shall be effective upon filing with the Department of State. PART G. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART H. 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 I. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Joseph E. Smith AYE Vice Chair Paula A. Lewis AYE Commissioner Chris Craft NAY Commissioner Doug Coward AYE Commissioner Charles Grande AYE PASSED AND DU L ,ENACTTED ,this 17 day of June, 2008. r ATTEST: a �� ARD OF COUNTY COMMISSIONERS LUCIE COU FLO DA Ll c DEPUTY CLERK CHAIRMAN. 40 SM.A. #kr-aes04�pertions.gra deleted. 08-008 Clean Underlined portions a i lidded. APPROVED AS TO LEGAL FORM AND CORRECTNESS: lv�C COUNTY ATTORNEY 08-008 Clean ITEM NO. VII-C AGENDA REQUEST DATE: 01/05/10 REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI -JD (X ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Linda Pendarvis, P)anner SUBMITTED BY: Growth Management Department 'WA RA'_f '-� SUBJECT: Paving waiver request for PJ Development, LLC from the paving requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the access roads (Russakis Road and Russos Road). BACKGROUND: See the attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board adoption of Resolution No.10-003 approving the paving waiver request as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: (j,J APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Motion to pp Faye W. Outlaw, MPA continue to 212/2010 at 6:00 p.m. County Administrator or as soon thereafter as possible. CoordinationlSlanatures or rve S County Surveyor ( ) County Attorney ( ) Ron Harris Daniel S. McIntyre County Engineer ( ) Originating Dept. ( ) Mvp Michael Powley Mark Satterlee ERD ( ) 1► v Karen Smith 1 ya� �t� ;s BOARD OF COUNTY COMMISSIONERS BOCC Hearing Date: January 5, 2010 Tuesday @ 6:00 PM GM File Number CU 720081507 Applicant PJ Development, LLC 7341 Westport Place #A West Palm Beach, FL 33413 772-692-4474 Property Owner Coastal Land Partners, Inc. 1975 Sansburys Way #114 West Palm Beach, FL 33411 Property Location Russakis Road 2,800' S. of County line Future Land Use & Zonina RE (Residential, Estate) AG-1 (Agricultural-1 du/ac) Previous Action N/A Staff Recommendation Board adoption of Resolution No. 10-003 approving the paving waiver request as outlined in the agenda memorandum. PJ Development, LLC Waiver from the Paving Requirements for the Access Road 0 AGENDA ITEM No. VII-C Location: East side of Russakis Road, approximately 2,800 feet south of the St. Lucie County and Indian River County boundary line. Project Description: PJ Development, LLC petitioned for a waiver from the paving requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the access roads (Russakis Road and Russos Road) for the Conditional Use Permit for the project to be known as SL2623 Coastal Telecommunication Tower. The tandem proposed Conditional Use Permit application which the Board will be asked to consider will allow the construction and operation of a 130-foot monopole telecommunication tower and wireless communication equipment compound in the AG-1 (Agricultural-1 du/ac) Zoning District. Background: PJ Development, LLC is leasing eighty- one hundred (90'X90') square feet of land area within a 20 acre parcel for a wireless communication tower and equip- ment compound. Notice Requirements: Public hearing notice was sent to the adjacent property owners within 500 feet of the subject property (see map above), published in the local newspaper and posted on the site. Further details are available in the Growth Management Department - Please contact: Staff: Linda Pendarvis, Planner Tel. 772.462.1562 E-mail pendarvisl@stlucieco.org Address: 2300 Virginia Avenue Fort Pierce, FL 34982 Anyone with a disability requiring ac- commodation to attend this meeting may contact the SLC Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 X COC.[NTY F L O R I D A Growth Management Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management Director Mike Powley, P.E., County Engineer titvp FROM: Linda Pend �4,�a kFr--- DATE: January 5, 2010 SUBJECT: Paving waiver request for PJ Development, LLC from the paving requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the access roads (Russakis Road and Russos Road). ITEM NO. VII-C The applicant is requesting a continuance for this item to allow for meetings with the individual Board members to discuss the request for a paving waiver and the fair share contribution. The accompanying Agenda Item VII-B is the application for a Conditional Use Permit to allow the construction and operation of a 130-foot monopole telecommunication tower and wireless communication equipment compound. Staff recommends the public hearing for PJ Development LLC be continued until February 2, 2010 at 6PM or soon thereafter. January 5, 2010 Page 1 of 1 File No.: CU 720081507 Prepared by: Linda Pendarvis Sarah Smith From: Tom Mackiewicz [TMackiewicz@pjdevl.com] Sent: Wednesday, December 30, 2009 9:30 AM To: Linda Pendarvis; Robin Meyer Cc: Sarah Smith; Paul A. Scott Subject: SL2623 Coastal Telecommunication Towers, Continuance request. Importance: High Please find this email as official request for continuance of the scheduled January 5, 2010 Board of County Commission meeting for the above subject project, in order to set up meetings with individual Board members to discuss the request for a paving waiver and the fare share contribution.We also request to continue the joint application for a Conditional Use Permit. Thank you, Tom Tom Mackiewicz PJ Development, LLC tmackiewicz@nidevl.com O - 772-692-4474 F - 772-692-4475 M -772-201-1852 Growth Management Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management Directorlo� Mike Powley, P.E., County Engineer Mip FROM: Linda Pendarvis, Planner*Q DATE: January 5, 2010 SUBJECT: Paving waiver request for PJ Development, LLC from the paving requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the access roads (Russakis Road and Russos Road). ITEM NO. VII-C Background: PJ Development, LLC has submitted tandem applications for a Conditional Use Permit (File Number CU720081507) for a 130-foot monopole telecommunication tower and wireless communication equipment compound. The proposed project is located in the AG-1 (Agricultural — 1 du/ac) zoning district. PJ Development, LLC leased eighty-one hundred (90'X90') square feet of land area within a 20 acre parcel for the wireless communication tower and equipment compound. The proposed tower and equipment will be in a 3,900 (65'X60') square foot fenced in area situated within the leased area. The applicant is seeking a waiver from the following provisions of the Land Development Code (Exhibit A). Section 7.05.07 — Paving Requirements for Roads that Access Developments Requiring Site Plan Approval that Utilize Unpaved Public and Private Roads for Access (Exhibit B) Section 7.05.07(B) (2), of the St. Lucie County Land Development Code, states that the paving requirements and provisions shall be waived by the Board of County Commissioners, following a public hearing, if the Board determines: 1. That the road paving is not essential to provide adequate access to the proposed development and through the surrounding area, or 2. That the road will be paved as part of the County's five-year road program or an approved municipal service taxing or benefit unit, or January 5, 2010 Page 1 of 3 File No.: CU 720081507 Prepared by: Linda Pendarvis 3. That the access road does not have adequate right -of way in which to construct the necessary paving improvements in accordance with County standards. Section 7.05.07(B)(2) further states that if paving requirements are waived, the Board may attach conditions deemed necessary to minimize the impacts of the road on the surrounding area including, but not limited to, payment of the development's fair share of the paving cost. The developer shall be required to pay fair share of paving costs for the unpaved public or private road providing access to the development prior to issuance of final record plat approval pursuant to the procedures set out in Section 11.03.00. A Fair Share Analysis dated September 22, 2008 was prepared by Engineering Design & Construction, Inc. (Exhibit C) to determine an equitable means of distributing cost associated with the Russakis Road and Russos Road improvements and determining a fair share cost for the proposed project. The prepared analysis indicated the access route to be from Emerson Avenue, west on Russos Road to Russakis Road and continuing north on Russakis Road to the proposed site. The applicant is requesting that the Board grant relief from the requirements of Section 7.05.07 of the St. Lucie County Land Development Code (LDC), which requires that unpaved access roads to developments requiring site plan approval, be paved to County road design and construction standard specifications. A copy of Section 7.05.07 of the LDC is attached. The County Engineer has determined that the proposed telecommunication tower compound is a small traffic generator as set out in Section 7.05.07. As such, the developer is required to make a fair share contribution of the cost of paving Russakis Road and Russos Road as determined by the Board of County Commissioners prior to site plan approval. The estimated cost to pave Russakis Road and Russos Road from the northern property line of the subject property to Emerson Avenue is approximately $1.507 million. The applicant's estimated Fair Share Contribution calculation for the paving of Russakis Road and Russos Road is $111,684. The calculation is based on information developed by the applicant's engineer and approved by the County Engineer. Pursuant to the Land Development Code, the County Engineer is recommending that the funds be held in escrow by the County for 10 years and only be used for the design and construction of Russakis Road and Russos Road accessing the subject property. Any funds not expended or encumbered by the end of the calendar quarter immediately following ten years from the date the funds were submitted to the County shall, upon application of the fee payer, be returned with interest to be determined based upon the average rate of return to the County for the time the funds were held. Any required submission of escrow funds shall include an escrow agreement acceptable to the County Attorney. Staff has reviewed the request for relief from the provisions of Section 7.05.07 and believes that all situations involving such relief should be looked at on a case -by -case basis. In reviewing the request, the County Engineer supports the waiver request from paving requirements for Russakis Road and Russos Road, conditioned upon the applicant paying the required fair share contribution for the paving of Russakis Road and Russos Road pursuant to Section 7.05.07. January 5, 2010 Page 2 of 3 File No.: CU 720081507 Prepared by: Linda Pendarvis If paving requirements are waived, the Board may attach conditions, as deemed necessary to minimize the impacts of the road on the surrounding area including, but not limited to, payment by the developer of the applicant's fair share of paving costs for the unpaved access road. As such, should the Board grant the requested waiver, staff recommends the following condition: Within 60 days of the approval of the Conditional Use Permit Site Plan, known as SL2623 Coastal Telecommunication Tower and approved under Resolution No. 10- 002, the applicant, PJ Development, LLC, the property owner, his successor or assigns, shall submit a fair share contribution in the amount of $111,684. as approved by the County Engineer. Recommendation: Board adoption of Resolution No. 10-003 approving the paving waiver request as outlined in this agenda memorandum. Attachments: Draft Resolution No. 10-003 Letter requesting waiver LDC Section 7.05.07 Applicant's Engineer Fair Share Analysis January 5, 2010 Page 3 of 3 File No.: CU 720081507 Prepared by: Linda Pendarvis I RESOLUTION NO. 10-003 2 (File No.: CU 720081507) 3 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 5 OF ST. LUCIE COUNTY GRANTING A WAIVER WITH 6 CONDITIONS FROM THE REQUIREMENTS OF SECTION 7.05.07 7 OF THE LAND DEVELOPMENT CODE REQUIRING PAVED 8 ACCESS TO NEW DEVELOPMENT 9 10 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, 11 based on the testimony and evidence, including but not limited to the staff report, 12 has made the following determinations: 13 14 1. PJ Development, LLC has applied for a request for a waiver from the 15 requirement of paving the access roads being Russakis Road and Russos 16 Road and paying a fair share contribution pursuant to Section 7.05.07, of the 17 Land Development Code. 18 19 2. PJ Development, LLC has also petitioned for a Conditional Use Permit to 20 allow for the construction and operation of a 130-foot monopole 21 telecommunication tower and wireless communication equipment compound 22 for the project to be known as SL2623 Coastal Telecommunication Tower on 23 20 acres of land located along the east side of Russakis Road, 24 approximately 2,800 feet south of the County line in the AGA (Agricultural -1 25 du/ac) Zoning District. 26 27 3. On January 5, 2010, this Board held a public hearing after publishing a public 28 notice of such hearing in the St. Lucie News Tribune at least 10 days prior to 29 the hearing and notifying by mail all owners of property within 500 feet of the 30 subject property. 31 32 4. In accordance with the provisions of Section 7.05.07 B.4, the applicant is 33 required to provide a fair share contribution toward the cost of paving 34 Russakis Road and Russos Road. 35 36 5. The County Engineer recommends that the Board grant the paving waiver 37 request on condition that the developer contributes a fair share amount to 38 pave Russakis Road and Russos Road. The estimated cost to pave 39 Russakis Road and Russos Road, from the northern property line of the 40 subject property, south and east to Emerson Avenue is $1.507 million. The January 5, 2010 Resolution No. 10-003 Page 1 of 5 File No.: CU: 720081507 Engineering Division analysis for the appropriate fair share contribution for the project SL2623 Coastal Telecommunication Tower is $111,684. 6. The proposed development is a small traffic attractor/generator as defined in Section 7.05.07 13.4.a. of the Land Development Code. The funds shall be held in escrow by the County for ten (10) years to only be used for the design and construction of Russakis Road and Russos Road accessing the development. Any funds not expended or encumbered by the end of the calendar quarter immediately following ten (10) years from the date the funds were submitted to the County shall, upon application of the fee payer, be returned with interest to be determined based upon the average rate of return to the County for the time the funds were held. Any required submission of escrow funds shall include an escrow agreement acceptable to the County Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: A. Pursuant to Section 7.05.07 of the Land Development Code, the requested waiver to pave Russakis Road and Russos Road providing access to the property for the Conditional Use Permit and accompanying site plan for the project to be known as SL2623 Coastal Telecommunication Tower, is hereby granted/denied on the property described as follows: THE NORTH 687.06 FEET OF THE NW 1/4 OF THE SE 1/4 OF SECTION 3, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA LESS THE WEST 5 FEET AND THE EAST 50 FEET OF THE WEST 60 FEET FOR ROAD AND CANAL RIGHT OF WAY. PARCEL CONTAINS 20. ACRES MORE OR LESS. Property ID#:1303-421-0001-000/3 (Location: East side of Russakis Road, approximately 2,800 feet south of the St. Lucie County and Indian River County boundary line.) B The approval granted herein for the requested waiver is subject to the following conditions: 1. Within 90 days of the approval of the Conditional Use Permit, known as SL2623 Coastal Telecommunication Tower and approved under Resolution No. 10-002, the applicant, PJ Development, LLC, the property owner, his successor or assigns, shall submit a fair share contribution in the amount of $111,684. as approved by the County Engineer. January 5, 2010 Resolution No. 10-003 Page 2 of 5 File No.: CU: 720081507 1 2. To reduce the financial burden of the calculated Fair Share 2 Contribution the developer may chose to separate the one 3 acre parcel from the 20 acre parent tract and obtain a separate 4 tax identification number for the one acre parcel. This may be 5 accomplished utilizing the following two available options: (1) 6 lot split; (2) subdivision plat. 7 8 If the developer chooses to divide the property then a revised 9 Fair Share Calculation should be submitted to the County 10 Engineer for his review and approval. 11 12 C. A copy of this Resolution shall be attached to the SL2623 Coastal 13 Telecommunication Tower Conditional Use Permit and site plan drawings 14 date stamped by the Growth Management Department on October 28, 2009, 15 which shall be placed on file with the St. Lucie County Growth Management 16 Director. 17 18 D. The conditions set forth in Part B are an integral non severable part of the 19 paving waiver approval granted by this Resolution. If any condition set forth 20 in Part B is determined to be invalid or unenforceable for any reason and the 21 developer declines to comply voluntarily with that condition, the waiver 22 granted by this Resolution shall become null and void. 23 24 E. The Growth Management Director is hereby authorized and directed to 25 cause the notation of this Resolution to be made on the Official Zoning Map 26 of St. Lucie County, Florida, and to make notation of reference to the date of Z7 adoption of this Resolution. 28 29 F. A copy of this resolution shall be mailed, return receipt requested to the 30 property owner and petitioner of record. This Resolution shall be recorded in 31 the Public Records of St. Lucie County. The recording of this Resolution 32 does not authorize the commencement of any on -site development activities 33 without obtaining such further development permits as may be required. All 34 applicable conditions of approval as set forth above, and all applicable code 35 requirements must be met to the satisfaction of the County before final site 36 construction permits are issued. 37 38 39 40 41 42 43 January 5, 2010 Resolution No. 10-003 Page 3 of 5 File No.: CU: 720081507 After motion and second, the vote on this resolution was as follows: Charles Grande, Chairman XXX Doug Coward, Vice Chairman XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 5th day of January, 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY ATTORNEY January 5, 2010 Resolution No. 10-003 Page 4 of 5 File No.: CU: 720081507 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 EXHIBIT "A" • Area subject to waiver from paving requirements of Section 7.05.07 LDC January 5, 2010 Page 5 of 5 Resolution No. 10-003 File No.: CU: 720081507 P) DEVELOPMENT, LLC WlBg',A' TREASURE COAST OFFICE CORPORATE HEADQUARTERS ""C; Palm Fed " July 151h, 2009 Mrs. Linda A. Pendarvis St Lucie County Growth Management Department 2300 Virginia Avenue Ft Pierce, Florida 34982-5652 Re: Coastal Telecommunications Tower 5L2623 Fair Share Property ID 1303-421-0001-000-3 Dear Linda; This letter is confirming our meeting of July 14, 2009 in reference to the "Fair Share" for the subject project. The key points of our discussion were; ❖ P) Development has leased Three Thousand (3,000) sq-ft of property on a Twenty (20.15) acre tract. (877,298 sq-ft) ❖ The total percentage of development for this project (3,000 sq-ft) relative to the entire tract is 0.341 %. ❖ The maximum number of vehicular traffic or trips, once the Telecommunications Towers is fully developed, will be 0.13 trips per day or 4 trips per month. ❖ This property is serviced by Russakis Road, which is a dirt road; paving of this road is NOT on the Counties 30 year plan. ❖ St Lucie County tracks fair share payments by Property ID Number and does not have the ability or method to track fair share payments for leased parcels within larger tracts. P) Development has contracted with EDC to conduct the Fair Share Analysis. The first one Dated September 22, 2008 used the 3,000 sq-ft lease parcel as a basis for the Tele�?hor�e 772-692_-4474 Ftsirnile ?72-692-4475 Page l of 2 P) DEVELOPMENT, LLC TREASURE COAST OFFICE CORPORATE HEADQUARTERS final recommendation. This study recommended the "road frontage" method and a contribution of $ 3,146.00. A second study, performed at the request of St Lucie County, using the entire 20 acre parcel was conducted. This study also recommended using the "road frontage" method at a contribution of $111,684. As we further discussed, it is unlikely Russakis Road will be paved in the next 10 years. Should this be the case, the funds would be returned to P)D with interest. Being forces# to pay such an exorbitant amount would prove to be a hardship and would effectively kill this project. Due to the uniqueness of this project, considering the minute traffic impact as well as the size of the project, (3,000 sq-ft, or 0.341 % of the parcel) we are requesting one of the following; ➢ St Lucie County waive the fair share contribution ➢ P)D be allowed to make a fair share contribution based on the initial study date September 22, 2008 of $3,146 Please proceed to move this project through the planning and zoning board and then to the St Lucie County Board of County Commissioners. Sincerely, Paul A. Scott Managing Partner Cc: Robin Meyer, Assistant Director of Growth management Michael Powley, County Engineer Ron Harris, County Surveyor Kristin Tetsworth, Planning Manager Current Planning T(cphonc 772-692-4474 W F�csinnije 772-692-441 poc ? of'? 7; 05.00. TRANSPORTATION SYSTEMS Page 1 of 4 WIBIT C 13 Mir msom 7.05.07. Provisions for Access to New Development Activities. A. Generally. All new road and street construction, public or private, shall be paved according to standard county specifications. B. Paving Requirements for Roads that Access Developments Requiring Site Plan Approval that Utilize Unpaved Public and Private Roads for Access. The following paving requirements shall apply to developments requiring site plan approval that utilize unpaved public or private roads and roadways for access: 1. Access Roads. Provisions for the paving of unpaved access roads that access the development shall be required as specified below under general requirements. County road design and construction standard specifications shall apply to all paving improvements. 2. Waiver. a. Paving requirements and provisions shall be waived by the Board of County Commissioners, following a public hearing, if the Board determines: (1) That the road paving is not essential to provide adequate access to the proposed development and through the surrounding area, or (2) That the road will be paved as part of the County's five-year road program or an approved municipal service taxing or benefit unit, or (3) That the access road does not have adequate right-of-way in which to construct the necessary paving improvements in accordance with County standards. b. If paving requirements are waived, the Board may attach conditions deemed necessary to minimize the impacts of the road on the surrounding area including, but not limited to, payment by the developer of the development's fair share of paving costs for the unpaved public or private road providing access to the development prior to issuance of final record plat approval pursuant to the procedures set out in Section 11.03.00. 3. Scenic and Historic Roads. Paving requirements and provisions for developments utilizing unpaved scenic or historic routes, as designated by the Board of County Commissioners, shall be addressed on a case -by -case basis. The requirements specified below under general requirements shall apply. Paving requirements and provisions shall be waived by the Board of County Commissioners if the Board determines: a. That the scenic or historic value or significance of the road would be adversely impacted by road paving. b. That road paving is not essential to provide adequate access to the particular development and through the surrounding area, and c. That the preservation of scenic or historic values outweighs the impacts of permitting a particular use to develop without paved access. If paving requirements are waived, the Board may attach any conditions deemed necessary to minimize impacts on the road and surrounding area. 4. General Requirements. Paving requirements are established to ensure that adequate road improvements are provided to adequately serve the development. County road design and construction standards shall apply to all paving improvements. Mixture http://library8.municode.com/default-test/DocView/14641/l/52/58 9/1 /2009 7.05.00. TRANSPORTATION SYSTEMS Page 2 of 4 of residential and non-residential traffic shall be avoided where possible. Persons applying for plat approval of developments utilizing access roads shall, as part of their application, include the appropriate provision for paving, as specified below. The County Engineer shall determine the estimated average daily traffic of the development in accordance with accepted standards and good traffic engineering practice. a. Small Traffic Attractors/Generators. Developments determined to be small traffic attractors/generators, defined as developments generating less than one hundred (100) average daily trips, shall provide for road paving as follows: (1) Access road frontage: For the paving of a road(s) accessing the development, the applicant shall submit funds in the amount of the development's fair share of paving costs as determined by the Board of County Commissioners prior to the issuance of final plat approval. The fair share contribution shall be determined and prorated according to front footage or by such other lawful and equitable method as the Board may prescribe. Said funds shall be held by the County for a period not to exceed ten (10) years to be used for the paving of the road(s) accessing the development. Any funds not expended or encumbered by the end of the calendar quarter immediately following ten (10) years from the date the funds were submitted to the County shall, upon application of the feepayer, be returned to him with interest to be determined based upon the average rate of return to the County for the time period the funds were held. The road segment to be funded and later paved shall include all of the development's frontage on the road. Any required submission of escrow funds shall include an escrow agreement acceptable to the County Attorney. Such agreement shall include provisions necessary to accomplish and facilitate future road paving. (2) Paving option: In lieu of submitting funds for paving under subsection 4(a)(1) above, the developer may propose to pave or arrange for paving the development's access road frontage notwithstanding requirements for roads designated on the Thoroughfare Network Right -of - Way Protection Plan, if such paving would connect to a paved public road. If such a paving option is utilized, no final plat approval shall be issued for all or any portion of the development until all paving has been completed, and improvements are inspected and approved by the County. At the option of the Board of County Commissioners, the developer may furnish the County security in the amount of one hundred fifteen percent (115%) of the estimated cost of providing the paving improvement at the time of final plat approval. The County Engineer shall approve the amount of security to be furnished. (3) Multi -phase projects: For purposes of determining if a multi -phase development is a small traffic attractor/ generator, the total number of project trips shall be compared to the small traffic project definition criteria. (4) Cumulative effect: No final plat approval shall be issued for any development utilizing access on an unpaved public or private road that exceeds two hundred (200) average daily trips as determined by the County Engineer until the road accessing the development is paved from the development's access point(s) to a paved public road. For the purpose of this Code and determination of this cumulative effect, all http://Iibrary8.municode.com/default-test/DoeView/14641/l/52/58 9/1/2009 7..05.00. TRANSPORTATION SYSTEMS Page 3 of 4 access roads in the unincorporated County are assumed to have a zero (0) average daily trip count as of the effective date of the ordinance. Provisions specified below under subsection 4.b(2) and (3) shall apply. The County Engineer's decision may be appealed to the Board of County Commissioners. In considering the cumulative effect of small traffic attracting/generating developments on a road(s) or on an area, the Board of County Commissioners may determine the need for a municipal service taxing or benefit unit or assessment for road paving purposes in developed or developing areas, and may impose such an assessment. b. Large Traffic Attractors/Generators. Developments determined to be larger traffic attractors/ generators, defined as developments generating one hundred (100) or more average daily trips, shall provide for road paving as follows: (1) Access road frontage to access point(s): The unpaved public or private road accessing the development shall be paved from the development's access point(s) to a paved public road. The design of the connection shall be in accordance with County design standards. Said paving shall be completed, and improvements inspected and approved by the County, prior to the issuance of final plat approval. At the option of the Board of County Commissioners, the developer may furnish the County security in the amount of one hundred fifteen (115) of the estimated cost of providing the paving improvement at the time of final plat approval. The County Engineer shall approve the amount of security to be furnished. (2) Developer Agreements/MSBU Options: In considering the effect of large traffic attracting/generating developments on a road(s) or on an area, the Board of County Commissioners may enter into a development agreement with the developer pursuant to Section 11.08.00 to ensure the refund of monies expended by the developer on the paving of the unpaved access road pursuant to subsection 4.b(4), above the developer's fair share contribution as monies are made available by other development that uses the unpaved road as access to a paved public road. The Board may also create a municipal service taxing or benefit unit or assessment for road paving purposes in developed or developing areas, and may impose such an assessment. (3) Remaining access road frontage: For the paving of portions of a development's access road frontage not covered in the above paving requirement subsection 4(b)(1), the developer shall submit funds in the amount of the development's fair share of paving costs prior to the issuance of final plat approval. Said funds shall be held by the County for a period not to exceed ten (10) years to be used for the paving of the road accessing the development. Any funds not expended or encumbered by the end of the calendar quarter immediately following ten (10) years from the date the funds were submitted to the County shall, upon application of the feepayer, be returned to him with interest to be determined based upon the average rate of return to the County for the time period the funds were held. The road segment to be funded and later paved shall include all of the development's frontage on the road. Any required submission of escrow funds shall include an escrow agreement acceptable to the County Attorney. Such agreement shall include provisions necessary to accomplish and facilitate future road paving. (4) Paving option: In lieu of submitting funds for paving specified under subsection 4(b)(3) above, the developer may propose to pave or arrange http://libraryg.municode.com/default-test/DocVlew/14641/l/52/58 9/1 /2009 7.05.00. TRANSPORTATION SYSTEMS Page 4 of 4 for paving the development's remaining access road frontage, notwithstanding requirements for roads designated on the Thoroughfare Plan, if such paving connects to a paved public road. If such a paving option is utilized, no final plat approval shall be issued for all or any portion of the development until said paving is completed, and improvements are inspected and approved by the County. At the option of the Board of County Commissioners, the developer may furnish the County security in the amount of one hundred fifteen percent (115%) of the estimated cost of providing the paving improvements at the time of final plat approval. The County Engineer shall approve the amount of security to be furnished. http://Iibrary8.municode.com/default-test/DocView/14641/l/52/58 9/ 1 /2009 EXHIBIT a C if FAIR SHARE ANALYSIS For RUSSAKIS ROAD PJ Development, LLC Prepared By: Engineering Design & Construction, Inc. 1934 Tucker Court Ft. Pierce, FL 34950 Received September 22, 2008 JUN 10 2009 Growth Manager EXECUTIVE SUMMARY The objective of this report is to determine an equitable means of distributing costs associated with the Russakis Road & Russos Road improvements and thereby determining the fair share cost for the Communications Tower in an easement on private property. The costs must be fairly distributed to all of those properties that would receive a benefit from the road improvements. The report is necessitated by the. St. Lucie County's Land Development Regulations which require the improvement of adjacent roadways for the development of properties. Three methods were used for the fair share analysis: trip generation, road frontage, and number of driveways. The trip generation method of assigning improvement burdens is based upon zoning. It assumed that all parcels are developed to the full potential with the current zoning. A residential trip generation rate is assumed at 9.57 trips per unit. Because of the uniqueness of this project, the conditional use skews this method slightly and must be modified. Using information provided by the owner who owns and operates many communication towers, at build -out this communication tower will have 4 carriers. Each carrier will visit the tower one time each month. Using this information, the result would be 0.13 trips per day. The fair proportionate share using the trip generation method for the subject property would be $105. A j 4f l i The road frontage method of analysis simply estimates the total frontage of each parcel and then multiplies that number by a cost per linear foot for the road improvement. This method assumes only those properties with road frontage will receive a benefit. This specific project will be granted an access easement along the front of Russakis Road for access. This project has no road frontage except for the easement granted for access of 20 feet. Assuming the easement would count as frontage of 20 feet, then, based on this analysis, the fair share contribution required for the subject property would be $3,140 i i t �L '441 The number of driveways method assigns fair share based on number of driveways allowed along the parcel. This analysis assumes that the County's Land Development Regulations would govern the number of driveways, one per 60 feet. Based on this assumption, a total number of possible driveways was determined. This number was then applied to the total cost of the roadway improvements and a fair share for each parcel was determined. Based on this analysis, the fair share contribution required for the subject property would be $9,825. `0 1 j�cc;7:_ A recommendation of basing the fair share contributions for the Road Improvements is provided. That recommendation states that the road frontage generation analysis is the most equitable means of distributing the improvement costs. The road frontage generation analysis accounts for those properties which will use and benefit from the ENGINEERING DESIGN & CONSTRUCTION INC CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 Page 1 of 2 �� road improvements. The estimate includes an evenly distributed cost burden, regardless of arbitrary functions, and is based on the developable potential of those properties. ENGINEERING DESIGN & CONSTRUCTION I N C CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 Page 2 of 2 Introduction The following analysis has been based upon information provided by the St. Lucie County Engineer and his staff. A detailed description of the analysis is provided in the paragraphs below and within the enclosed spreadsheets. The intent of this analysis is to determine a fair monetary contribution needed from property owners to improve Russakis Road & Russos Road to current County standards. Affected Properties Within Exhibit #1, the affected properties are delineated. For the purposes of this analysis, "affected properties" are those properties that will derive a benefit from the paving of Russakis Road to the northern property line of the subject parcel and Russos Road from Russakis Road to Emerson Avenue. Exhibit #1 provides a distinct reference number for each parcel, chosen arbitrarily, and the number of acres each parcel comprises. Additionally, the zoning designation is provided for each of the parcels. All parcels within the analysis area are zoned AG-1. Construction Cost Estimate Exhibit #2 provides a detailed construction cost estimate for the proposed improvements. The estimate is based upon the County's standard road section. This cross section is provided within Exhibit #3. The length of the roadway was assumed to be from the Emerson Avenue right-of-way, along Russos Road to Russakis Road, then north along Russakis Road to the northern -most property corner of the subject property. Other assumptions include the following: Mobilization equals 4% of the construction costs • 24" RCP required to facilitate drainage along roadway • Required right-of-way donated; no land cost Analysis - Trip Generation To determine the fair share for each of the affected properties, it was necessary to determine the number of trips each property would generate. As shown within Exhibit #4, each parcel is detailed with the associated parcel number (refe�to E-�cbibit-#1-to identify-t#e-parcels) and their perspective zoning and acreages. The estimated density was determined by the number of residential units allowed per acre. Within the St. Lucie County Land Development Regulations (LDR), AG-1 zoning can provide one (1) residential unit per acre. Therefore, each residentially zoned property is defined in number of residential units. The residential trip generation was determined using the Institute of Transportation Engineers Trip Generation Manual 7t" Edition rate of 9.57 trips per residential unit. ENGINEERING DESIGN 8. CONSTRUCTION INC CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx (772) 462-2454 Page 1 of 2 The total estimated roadway cost was then divided by the number of total trips for the area to determine the cost per residential unit. Each parcel's equivalent unit was multiplied by the cost per unit to determine the estimated assessment. Analysis - Road Frontage The road frontage for each parcel is delineated within Exhibit #5. The total footage was divided by the total estimated cost for the roadway to determine a cost per linear foot. This cost, per linear foot, was then applied to each of the parcels and is provided as the Estimated Assessment. Analysis — Number of Driveways The parcels were assumed to have a driveway connection for every 60 feet of roadway frontage. This assumption is based upon the St. Lucie County Land Development Regulations; the minimum roadway frontage for this zoning is 60 feet. Therefore, Exhibit #6 shows the road frontage for each parcel and the number of driveways assumed based upon the above two criteria. Exhibit #7 shows the parcels and their respectively assumed number of driveways. The total number of assumed driveways was divided by the total estimated roadway costs. This number was then applied to each parcel and is provided as the Estimated Assessment. Recommendation The communications tower being constructed within an easement on AG-1 property makes this analysis very unique. If one were to envision this area at build -out with 184 homes and all of the traffic generated daily by them, it is reasonable to think that the miniscule amount of traffic generated by the construction of the communications tower would not even be a consideration. Considering the three methods presented and the associated costs, the road frontage method and the associated $3,146 would be fair and equitable to this development. We recommend this method be used as the basis for fair share assessments. w/attachments cc: PJ Development, LLC, Client ENGINEERING DESIGN & CONSTRUCTION I N C CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 Page 2of2 Exhibit #1 ENGINEERING DESIGN & CONSTRUCTION INC CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 Exhibit #2 ENGINEERING DESIGN & CONSTRUCTION, INC CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 tx (772) 462-2454 CONSTRUCTION COST ESTIMATE Client: PJ Development LLC Date: September 17, 2008 Project Name: Russaki Road Communicat EDC Project 0: 08-254 Estimated Length of Improvement = 5,315 LF SITE WORK UNIT ESTIMATED QUANTITY UNIT PRICE CONTRACT Mobilization Miscellaneous Erosion Control LS LS 1 49,260.00 49,260.00 Rough & Fine Grade SY 1 41,339 4,000.00 0.30 4,000.00 Sodding (Right-of-way) SY 18,307 1.65 12,401.67 30,206.92 Construction Layout and Record LS 1 24,500,00 24,500.00 Density Testing LS 1 7,500.00 7,500.00 SITE WORK SUB TOTAL 127,868.58 ESTIMATED ROADWAY UNIT QUANTITY UNIT PRICE CONTRACT 3/4" Type S-3 Asphalt SY 20,079 7.10 142,560.11 1-1/4" Type S-1 Asphalt (Lift 1) SY 20,079 12.10 242,954.56 8" Base Rock 12" Stabilized Sub -Grade SY SY 22,441 11.75 263,683.06 4" Thick Concrete Sidewalk SY 24,803 2,953 2.25 4&50 55,807.50 Stop Sign & Bar Ea 2 119,587.50 Other Striping LS 1 450.00 900.00 Driveway Repair Ea 16 11,000.00 11,000.00 MOT (Complete) LS 750.00 12,000.00 1 8,400.00 8,400.00 ROADWAY SUB TOTAL 856,892.72 ESTIMATED DRAINAGE UNIT QUANTITY UNIT PRICE CONTRACT 24" RCP Type C Inlet LF 600 41.00 24,600.00 Canal Crossing Ea LS 2 2,20&00 4,400.00 1 225,000.00 225,000.00 . DRAINAGE SUB TOTAL 254,000.00 SUB TOTAL $ 1,238,761.31 15% Contingency 185,814.20 TOTAL $ 1,424,575.50 Does Not Include: Landscaping Lighting Electrical and other Conduit Engineering Costs " Project Signs ENGINEERING DESIGN & CONSTRUCTION! INC CIVIL ENGINEERS SPECIALIZING tN LAND DEVELOPMENT . .. 1'-- _'1 034 TuCke FL )1f_, (ji(7_,, Exhibit #3 ENGINEERING DESIGN 8 CONSTRUCTION INC CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx (772) 462-2454 Exhibit #4 ENGINEERING DESIGN & CONSTRUCTION INC CIVIL ENGINEERS SPECIALIZING I N LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx (772) 462-2454 o LO LI? rn LO 00 I- O U') 00 V N V b4 64 a O U >, (1) m ar a ou 0 U a � m LL E LL w V, a c N d d Q) in r-- .:+ N I t� (.D 00 r-N^ E 0) O O 0)'N0 - QO M LO E Ov cp T Nto NN Mcor- O�EA 696-1 E+46693� cl09�4W y � Z O 0. r I W a)O CO O N co COcD V V��� M� N V f-- C^O_ Z T N H H c L N O M y lam"! LIB T V cn T N in N w� V o N ^ L, lf) M lfj V O M O� coN O O N T co T CD f-- to vi O m M M U-) V M O 6 w N y N T N N T N T N M V to Co f- m m TO T N M'I" LO cD r- T T T T Q) Q O L a U CO �a O Exhibit #5 ENGINEERING DESIGN & CONSTRUCTION, INC CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 a = y M pN 'IT 0— C) CC C d M cV 0 cV N 0 O N W CA 69 69 69 bo3 Efl 69 EH EA E9 69 EF} cli 6y It W Z� N y d O m i CDh CO t,- COr- (0 N U-) O N^ phj 0) CD N U7 O M M N U') m N T.-Lo M N 0 0 0 N 0 0 LL L O O d � LO d N t- M N D rn 'Q O U 0) M Cl) r- d d t� U) co U) d (o O M O co COCDO N .- co� U) 'D - U-) y ui O co d M U-) U7 O Cl) .- CD 0) co N C1 O aZ m cM d T CD D Exhibit #6 -ENGINEERING DESIGN & CONSTRUCTION INC CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph (772) 462-2455 fx (772) 462-2454 r- t- � N� C C ar //A\� 0 d w A E A to m _CO (O McoC CO N toH IT - to d 9 0 N O co O O o0 00 a) O O ti on 0) N A ° 3 w H _� M U) O O) `s��vca��,64b4�b4b,., N N E `� Ea Eli � 3 a a a o M a 3 N O •i N Cai aa) (U E O y H —0 (O N N N moo M � N to N c'7 Lc") � C i H Q W G1 � d Z a _co _ O = N �o O co co N �o CO N� to M h 0 0 0� Q' 0 CQ tt r r r to C N f� r M N N O O N O LL r e- O y Z c0 41 O CO I-- a0 Q) O `- V LC)F- !0 L r r r r a i It! cu i CL Q' S uj UJ Z Z x• W J F- Exhibit #7 ENGINEERING DESIGN & CONSTRUCTION INC CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Growth Management Department ITEM NO. VIII DATE: 01/05/2010 REGULAR ( X ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) PRESENTED BY: Kristin Tetsworth Planning Manager Petition of BPSC Industries, LLC Major Site Plan located at 2525 Center Road. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 6, 2006 — BOCC designated as a Brownfield Area RECOMMENDATION: Board adoption of Resolution No.10-008 granting BPSC Major Site Plan approval with conditions as outlined in the attached memorandum. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) County Surveyor Daniel S. McIntyre Ron Harris County Engineer ( ) /V1T Michael Powley Originating Dept. ( ) Mark Satterlee ERD ( ) mare Smith BOARD OF COUNTY COMMISSIONERS BOCC Hearing Date: January 5, 2010 Tuesday@a 6PM GM File Number MJSP 06-014 A22 icant BPSC Industries, LLC Property Location 2525 Center Road, 1300 feet South of St. Lucie Blvd. Future Land Use & Zoning IND (Industrial) & IL (Industrial Light) Staff Recommendation Board adoption of Resolution No.10-008 granting BPSC Major Site Plan approval with conditions as outlined in the attached memorandum. Previous Action June 6, 2006 — BOCC desig- nated as a Brownfield Area Project Staff Larry Szynkowski, AICP BPSC Major Site Plan MJSP 06-014 tLC6u NTYO R I D A 0 AGENDA ITEM No. VIII Location: 2525 Center Road, on the south side approximately 1300 feet south of St. Lucie Blvd. where Center Road curves 90 degrees east & parallel to Canal #1 Project Description Petition of BPSC Industries, LLC Major Site Plan with eight buildings consisting of: • Warehouse 202,950 square feet • Office 72,000 square feet; • Manufacturing 91,000 square feet • Mezzanine storage 9,000 square feet The total gross floor area of the project is 374,950 square feet. Background This project application was received in 2006 on a Brownfield site that has been remediated under Department of Environmental Protec- tion direction. The petitioner will dedicate 70 feet of right-of-way for the extension of 53rd Street from the south and 10 feet of right-of- way for Center Road. The petitioner has re- quested a credit for impact fees for the value of the right-of-way dedications. A condition of approval will be required for a proportion- ate fair share agreement that will deter- mine the transportation concurrency for this project. Another condition of ap- proval will be required for an alternative tree mitigation method utilizing a land swap for conservation. Recommended Board Action Board adoption of Resolution No.10-008 granting BPSC Major Site Plan approval with conditions as outlined in the at- tached memorandum. Notice Requirements: None Further details are found in the at- tached staff report or at the Growth Management Department. Phone: 772.462.6456 E-mail: szynkowl@stiucieco.org Growth Management Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management Dire FROM: Larry Szynkowski, AICP, Senior Planne, DATE: January 5, 2010 SUBJECT: Petition of BPSC Industries, LLC Major Site Plan located at 2525 Center Road. ITEM NO. Vill Background: The petitioner is requesting Major Site Plan approval for a 374,950 square foot, office/warehouse complex with eight buildings on 35.55 acres of a 56.56 acre site at 2525 Center Road. The remaining 21 acres is currently proposed to remain undeveloped. The Development Review Committee (DRC) reviewed the application on October 22, 2009 and certified the project on December 9, 2009. 11.02.07. Standards for Site Plan Review Consistency with Local Ordinances and Comprehensive Plan: The proposed eight -building office warehouse use is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code (Section 3.01.03.S; Section 7.04.01; and Section 7.09.04) and the St. Lucie County Comprehensive Plan Policy 1.1.9.5 and Policy 1.1.15.1. Effect on Nearby Properties: The office/warehouse use is consistent with the three adjacent parcels to the north, east and west since they are in the same Industrial Light Zoning District. This use will not have an undue adverse effect upon the single-family neighborhood to the south as an eight -foot wall and landscape buffer is proposed on the south side of the development. In addition, there is an 240 foot wide Fort Pierce Farms Water Control District Canal #1 right-of-way situated between the subject property and the residential neighborhood. Environmental Impact: The Environmental Resources Department Final Report is attached. As part of an alternative tree mitigation plan, the petitioner has proposed to convey a parcel of land to the County in BPSC Industries, LLC Major Site Plan MJSP 06-014 January 5, 2010 Page 2 addition to plantings on the site. This land conveyance will be a separate item to be considered by the Board of County Commissioners (BOCC) at a future date. Adequacy of Public Facilities: The proposed office warehouse development complies with the standards of Chapter V, Adequate Public Facilities of the Land Development Code (LDC.) Section 5.06.02 of the LDC requires a proportionate fair share agreement in order to meet traffic concurrency requirements. That agreement will also come before BOCC as a separate agenda item at a future meeting. Recommendation: Board adoption of Resolution No.10-008 granting BPSC Major Site Plan approval with conditions as outlined in this memorandum. Attachments Is cc: Patrick Borrico, BPSC Industries, LLC Brian Nolan, ASLA, Lucido & Associates Ron Harris, St. Lucie County Surveyor Michael Powley, St. Lucie County Engineer Christopher Lestrange, Code Compliance Manager Amy Mott, Supervisor Environmental Resources Department Paula Bushby, Supervisor, Zoning Division File Environmental Resources Department Agenda Item Companion Report TO: Board of County Commissioners THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Jennifer Evans, Environmental Planning Coordinator Amy Mott, Environmental Regulations Manager DATE: December 23, 2009 SUBJECT: Resolution 10-008 — Petition of BPSC Industries, LLC for approval of the BPSC Major Site Plan Environmental Resources Department (ERD) worked closely with Growth Management, as well as other members of the Development Review Committee regarding this item. ERD has included four condition of approval within the attached resolution. ERD supports Growth Management's recommendation of approval with conditions as outlined in Resolution 10-008. L4A Signatur - 1 - ENVIRONMENTAL RESOURCES FINAL REPORT TO: Larry Szynkowski, DRC Planner THROUGH: Karen Smith, Environmental Resources Director FROM: Jennifer Evans, Environmental Planning Coordinator Amy Mott, Environmental Regulations Manager DATE: December 29, 2009 SUBJECT: BPSC Industries, LLC, Major Site Plan A Major Site Plan, known as BPSC (aka Center Road Landfill), was submitted September 13, 2006. The applicant proposes to construct 351,000 square feet of warehousing/office on a 56.56 acre site located south of St Lucie Boulevard on Center Road. The site was historically a landfill and has been designated a "Brown Field" site by the Environmental Protection Agency. As a result of this designation, the Florida Department of Environmental Protection requested the applicant place two feet of soil material to cap the site if developed. The site is currently disturbed with invasive ground covers with a mostly native canopy of Slash Pine and Laurel Oaks. This would result in the loss of all native trees onsite. Applying the mitigation ratios required by the Land Development Code, the applicant is required to provide a total of 3,331 inches of mitigation. The estimated value to purchase this quantity of trees is $106,560. This monetary equivalent does not include additional cost incurred for delivery, installation and maintenance. To meet mitigation requirements, the applicant proposes to convey a parcel of land, known as the Cassens Parcel, to the county per Land Development Code 6.00.05(D)(3)(b)(2), in conjunction with additional onsite plantings. The Cassens Parcel is located adjacent to the county -owned Ten - Mile Creek Preserve and is an integral part of the Greenways and Trails System. The most recent assessment by the St Lucie County Property Appraiser valued this parcel at $6,400 in 2009. According to a third party appraisal, the highest and best use of this parcel would be as speculative land holding for possible mitigation or annexation to neighboring property due to factors such as lack of legal access and limit to a single unit development. It should be noted this appraisal report also states that no access properties, such as this parcel, sell for 50 to 60 percent of the value of sales with access. Although there is a significant difference between the Cassen's parcel assessed value and required mitigation value, staff is recommending approval of donation of the Cassen's parcel due to the unique circumstances of this site and the following additional considerations: • Public health and safety benefit of properly containing a Brownfield site within the County; • Estimated 2.7 million dollar cost (as provided by the applicant) to properly contain the site; • Poor condition of the BPSC site (including safety hazards and low ecological value); • 1,360" of trees with an estimated value of $43,520 to be planted on the BPSC site in addition to the minimum required landscaping; • Desirable location of the Cassen's parcel due to the connectivity to the Greenways and Trails Master Plan and adjacent County preserves; • Public benefit of the Cassen's parcel as recreation, including expansion of Ten -Mile Creek canoe trail for ecotourism; • The Cassen's parcel high ecological value; • Inability of the County to directly obtain the Cassen's parcel in the past due to high price; • Value of Cassen's parcel prior to economic downturn; • Opportunity to obtain additional Environmentally Significant Lands otherwise not feasible considering recommendation by the St Lucie County Lands Acquisition Committee to refrain from any further land purchases without a match; • Increased cost to the County to accept and plant a large amount of donated trees (an alternative option potentially available to the applicant); • Inability of the county to accept and plant trees at this time due to low staffing levels. Conditions of Approval: 1) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have conveyed the parcel of land, known as the Cassens Parcel and identified with parcel identification number 2326-421-0001-000/7, to St. Lucie County in a manner and form acceptable to the County Attorney free and clear of liens and encumbrances. 2) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an improvement agreement acceptable to Environmental Resources Department covering the cost of all required landscaping, irrigation, and related improvements shown in the site plan. A copy of this agreement can be obtained by visiting the SLC Environmental Resources Department website at: http://www.stlucieco.org/EnvironmentalResources DeDartment/index.htm. 3) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided Environmental Resources Department with copies of any required federal and state permits. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to 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 compliance with any federal or state agency requirements. 4) Per Section 7.09.05, Category I Invasive Exotic vegetation shall be removed from within the project boundary. 1 2 3 4 Ce RESOLUTION NO. 10-008 File Number: MJSP 06-014 A RESOLUTION GRANTING APPROVAL TO A MAJOR SITE PLAN PROJECT TO BE KNOWN AS BPSC WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. BPSC Industries, LLC, presented a petition for Major Site Plan approval for the project to be known as BPSC for property located at 2525 Center Road that is on the south side of Center Road, approximately 1300 feet south of St. Lucie Boulevard in the IL (Industrial, Light) Zoning District and as described in Part B, consisting of eight (8) buildings containing: 202,950 square feet of warehouse 72,000 square feet of office; • 9,000 square feet of mezzanine, 91,000 square feet of light manufacturing; 374,950 square feet of total floor space; and • 365,950 total square feet of building footprints. 2. On June 6, 2006, this Board held a public hearing on the petition of BPF Industries, LLC for the designation of the subject property as a Brownfield Area for the purpose of environmental rehabilitation and economic development. This Board approved the designation of the subject property as a Brownfield Area and declared BPF Industries, LLC as the entity responsible for the Brownfield site rehabilitation and creation of at least ten (10) new permanent jobs. 3. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan. 4. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 5. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety and general welfare. 6. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. Page 1 January 5, 2010 Resolution No. 10-008 Files No.: MJSP 06-014 1 7. The proposed project will be constructed, arranged and operated so as not to interfere 2 with the development and use of neighboring property, in accordance with applicable 3 district regulations. 4 5 8. The proposed project will be served with water provided by Fort Pierce Utilities 6 Authority and sanitary sewer provided by St. Lucie County Utilities. 7 8 9. The applicant has applied for a certificate of capacity as required under Chapter V, St. 9 Lucie County Land Development Code, which will be issued upon the adoption of the 10 Proportionate Fair Share Agreement. 11 12 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 13 County, Florida: 14 15 A. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the 16 Major Site Plan to be known as BPSC Industries, LLC, is hereby, approved as shown 17 on the site plan drawings for the project prepared by Lucido & Associates on August 18 16, 2006, last revised on September 30, 2009 and date stamped received by the St. 19 Lucie County Growth Management Department on October 12, 2009, subject to the 20 following conditions: 21 22 1. No development permits shall be issued until complete sets of sealed constructible final 23 engineering plans, supporting calculations and survey data for the site work and offsite 24 improvements are approved by the Office of the County Engineer, Public Works 25 Department, Utilities Department, Environmental Resources Department, Growth 26 Management Department, Fire Department, and any other agency that may be 27 determined by the Director of Growth Management to be necessarily involved in the 28 review and approval of the constructible final engineering plans for the site work and 29 offsite improvements. The determination of whether or not plans submitted by the 30 applicant constitute a complete set of constructible plans shall be made by the 31 departments involved in the plan review within five business days of the date the plans 32 are received in the Department of Growth Management. 33 34 2. Within 90 days after receiving final site plan approval, the applicant shall convey the 35 required road right of way for 53'd Street (70') and Center Road (10'). Manner and form of 36 conveyance shall be acceptable to the County Attorney. The sketch and legal 37 description shall be prepared by a Florida licensed surveyor and mapper. Pursuant to 38 Section 1-17-33.1 of the Code of Ordinances of St. Lucie County, the applicant may be 39 granted credits against road impact fees. 40 41 3. Prior to the issuance of a right of way permit, the applicant shall execute a Road 42 Improvement Agreement with St. Lucie County and submit a surety for the proposed 43 public improvements. The amount of surety shall be 115% of the engineer's estimate of 44 probable cost. The amount of surety shall be approved by the County Engineer and the 45 form of surety shall be approved by the County Attorney. A copy of the standard 46 "Agreement" can be obtained by visiting the St. Lucie County Public Works Department 47 website at: http://www.stiucieco.gov/public works/index.htm. 48 49 4. This development order will not take effect until Board adoption of a Proportionate Fair 50 Share Agreement that shall be initiated for the development's traffic impacts to the 51 following intersections on King Highway: Angle Road and St. Lucie Boulevard. 52 Page 2 Resolution No. 10-008 January 5, 2010 Files No.: MJSP 06-014 5. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an improvement agreement acceptable to Environmental Resources Department covering the cost of all required landscaping, irrigation, and related improvements shown in the site plan. A copy of this agreement can be obtained by visiting the SLC Environmental Resources Department website at: http://www.stiucieco.org/Environmental Resources DepartmenVindex.htm. 6. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided Environmental Resources Department with copies of any required federal and state permits. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to 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 compliance with any federal or state agency requirements. 7. Per Section 7.09.05, Category I Invasive Exotic vegetation shall be removed from within the project boundary. 8. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have conveyed the parcel of land, known as the Cassens Parcel, identified as PID# 2326-421- 0001-000/7, to St. Lucie County in a manner and form acceptable to the County Attorney free and clear of liens and encumbrances. B. The property on which this Major Site Plan approval is being granted is described as follows: PARCEL 1: THE WEST 1/2 OF THE S.E. 1/4 OF THE N.W. 1/4 OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST; EXCEPTING THEREFROM RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING 17.70± ACRES. PARCEL 2: THE WEST 795.1 FEET OF THE SOUTH 1167.5 FEET OF THE NORTH 1217.5 FEET OF THE S.W. 1/4 OF THE N.E. 1/4 OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST; EXCEPTING THEREFROM RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING 21.13± ACRES. PARCEL 3: THE SOUTH 583.8 FEET OF THE NORTH 633.8 FEET OF THE EAST 1/2 OF THE S.E. 1/4 OF THE N.W. 1/4 OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST; EXCEPTING THEREFROM RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING 8.92± ACRES. PARCEL 4: THE SOUTH 583.8 FEET OF THE NORTH 1217.6 FEET OF THE EAST 1/2 OF THE S.E. 1/4 OF THE N.W. 1/4 OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST; EXCEPTING THEREFROM RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING 8.77± ACRES. ALL LYING AND BEING WITHIN ST. LUCIE COUNTY, FLORIDA CONTAINING 56.56± TOTAL ACRES. Page 3 Resolution No. 10-008 January 5, 2010 Files No.: MJSP 06-014 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 Location: The south side of Center Road, approximately 1300 feet south of St. Lucie Boulevard C. The St. Lucie County Director of Growth Management is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County. Florida, and to make notation of reference to the date of adoption of this resolution. D. The Director of Growth Management shall coordinate the issuance of further site Development Permits. No final site construction authorizations or site Development Permits shall be issued until all requirements for such permits are met. E. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize commencement of any on -site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and applicable code requirements must be met to satisfaction of the County before final site construction permits are issued. 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 Major Site Plan approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. H. This Major Site Development Plan approval shall expire twenty-four (24) months after the date of adoption of the Proportionate Fair Share Agreement, unless an extension is granted in accordance with Section 11.02.06(B)(2), St. Lucie County Land Development Code or unless a building permit is secured. The effective date of this resolution shall be the date of adoption of the Proportionate Fair Share Agreement. This Resolution shall be recorded in the Public Records. Page 4 January 5, 2010 Resolution No. 10-008 Files No.: MJSP 06-014 I After motion and second, the vote on this resolution was as follows: 2 3 4 Commissioner Charles Grande, Chairman XXX 5 6 Commissioner Doug Coward, Vice Chair XXX 7 8 Commissioner Paula A. Lewis XXX 9 10 Commissioner Chris Dzadovsky XXX 11 12 Commissioner Chris Craft XXX 13 14 15 16 17 18 PASSED AND DULY ADOPTED This 5th Day of January 2010. 19 20 21 22 BOARD OF COUNTY COMMISSIONERS 23 ST. LUCIE COUNTY, FLORIDA 24 25 26 27 28 BY 29 Chairman 30 31 32 33 34 35 36 37 38 39 40 ATTEST: APPROVED AS TO FORM AND 41 CORRECTNESS: 42 43 44 45 46 Deputy Clerk County Attorney 47 48 49 is 50 GA PROJECT FILES\BPSC MJSP 06-014\10-12-2009 Resubmittal\BOCC\Resolution No 10-008 MJSP Page 5 January 5, 2010 Resolution No. 10-008 Files No.: MJSP 06-014 o W o � N z• � A I b i i I Q N O 3 I ° %r m CLCL � o �✓ T I ul 'tea I L Y � (n a_ m _ S 419Z S S �sme PntB osaiy �g I 1 3 m a E Balet` IE3 PM9 &o^l 1S l,od N a aH Pa sui„ua1' a3 aJ2W 4SQ� t ou4o1'3 $ of � pnl Pa PMB o lwoy m /,n,H s wN \lyyd�J c I o I ouuoy M T/•j a g pa alowwaS _ any uos,aw3 QG 6q i o c�J Ga Pa u4W It I \•g5 � m o ; Pa we IaoH X I e Z. U o I C U I T m U Peoa uw4S a m m pa euil a uea N I rA m U G - � v c Pa I ue� ,apeaH JPa WPIOH IeaPI d I 1 — P11Paaug pa uoyJeo I I leueo 9Z-o _ I U I ! 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LUCIE COUNTY, FLOP-IDA, MAKING FINDINGS; DESIGNATING AS A BROWNFIELD AREA WITHIN UNINCORPORATED ST. LUCIE COUNTY, FOR THE PURPOSE OF ENVIRONMENTAL REHABILITATION AND ECONOMIC DEVELOPMENT, AS 31 34 40 W 795.1 FT OF S 1167.5 FT OF N 1217.5 FT OF SW 1/4 OF NE 1/4 AND SE 1/4 OF NW 1/4-LESS RDS AND CANALS- (56.62 AC) (OR 689-2644), LOCATED AT 2525 CENTER ROAD, FORT PIERCE, FLORIDA 34946; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida has provided, in Chapter 97-277, Laws of Florida, codified at Sections 376.77-376.84, Florida Statutes, for the designation by resolution, at the request of the property owner, of one or more parcels as a "Brownfield Area," and for the corresponding provision of environmental remediation and economic development; and WHEREAS, the property owner, BPF Ind., LLC, has requested designation as a Brownfield Area the parcel (31 34 40 W 795.1 FT OF 5 1167.5 FT OF N 1217.5 FT OF SW 1/4 OF NE 1/4 AND SE 1/4 OF NW 1/4-LESS RDS AND CANALS- (56.62 AC) (OR 689-2644), located at 2525 Center Road, Fort Pierce, Florida, 34946) depicted on Exhibit A attached hereto and incorporated by reference; and WHEREAS, on May 22, 2006, the Board of County Commissioners held a public meeting near the area to be designated to provide an opportunity for neighbors and nearby residents to provide comments and suggestions, in accordance with Section 376.80 (2)(a); and WHEREAS, in Resolution No. 06-035, the Board of County Commissioners determined the subject parcel (31 34 40 W 795.1 FT OF S 1167.5 FT OF N 1217.5 FT OF SW 1/4 OF NE 1/4 AND SE 1/4 OF NW 1/4-LESS RDS AND CANALS- (56.62 AC) (OR 689-2644), located at 2525 Center Road, Fort Pierce, Florida, 34946) should be considered for designation as a brownfield area; and WHEREAS, 5t. Lucie County has reviewed the requirements for Brownfield Area designation, as specified in Section 376.80(2)(b), Florida Statutes, and has determined that the proposed area qualifies for designation as a Brownfield Area because the following requirements of Section 376.80(2)(b) have been met: 1. BPF Ind., LLC is the owner of the parcel proposed for designation and has agreed to rehabilitate and redevelop the hrnwnfiolrl cc+e EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE 0 28&Q16 o6/212006 a104:12 PM RESO OR BOOK 2594 PAGE 2369 - 2371 Doc Type: RECORDING: $27.00 The rehabilitation and redevelopment of the proposed brownf ield area is consistent with the St. Lucie County Comprehensive Plan and is a permissible use under St. Lucie County's land development regulations. 3. Proper notice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents and BPF Ind., LLC, has afforded to those receiving notice the opportunity to provide comments and suggestions about rehabilitation. 4. BPF Ind, LLC has provided reasonable assurances that they have sufficient financial resources to implement and complete a rehabilitation agreement and redevelopment plan. 5. The rehabilitation and redevelopment of the proposed brownfield site will result in economic productivity of the area along with the creation of at least ten (10) new permanent jobs at the brownfield site, which are not associated with implementation, demolition, or construction of the brownfield site. WHEREAS, St. Lucie County wishes to notify the Florida Department of Environmental Protection of its decision to designate a Brownfield Area for rehabilitation for purposes of Sections 376.77-377.84, Florida Statutes, and WHEREAS, the procedures set forth in Section 125.66, Florida Statutes, have been followed, and proper notice has been provided in accordance with Sections 376.80(1) and 166.041(4)(b)2, Florida Statutes. NOW THEREFORE BE IT RESOLVED that the area depicted on Exhibit A, 3134 40 W 795.1 FT OF 5 1167.5 FT OF N 1217.5 FT OF SW 1/4 OF NE 1/4 AND SE 1/4 OF NW 1/4-LESS RDS AND CANALS- (56.62 AC) (OR 689-2644), located at 2525 Center Road, Fort Pierce, Florida, 34946), is hereby designated as a brownfield area. BPF Ind., LLC shall be the entity responsible for brownfield site rehabilitation pursuant to Section 376.80(3), Florida Statutes. After motion and second the vote on this resolution was as follows: Chairman Doug Coward AYE Vice Chairman Chris Craft AYE Commissioner Frannie Hutchinson AYE Commissioner Paula A. Lewis AYE Commissioner Joseph E. Smith AYE PASSED AND DULY ADOPTED this 6th day of June, 2006. ATTEST. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY- CHAIJOAAN APPROVED AS TO LErYAL,16" COME SS: COUNTY A*6RNEY From: Deanna Givens Sent: Thursday, October 22, 2009 8:32 AM To: Lawrence Szynkowski Subject: FW: Bankruptcy and foreclosures I)esu►na Givens 1'lannin- Technccian Growth Management. Givensd nstlueieeo.ore 771-462-6426 From: Chris Newman Sent: Thursday, October 22, 2009 8:26 AM To: Deanna Givens Cc: Katherine Smith Subject: RE: Bankruptcy and foreclosures No bankruptcy or foreclosure. From: Deanna Givens Sent: Wednesday, October 21, 2009 12:53 PM To: Katherine Smith; Chris Newman Subject: Bankruptcy and foreclosures Can you please check for any bankruptcy and foreclosures on the following property. BPSC - 1431-130-0000-010-0 Thank you Deanna Givens Planning Technician Growth Management Givensdr!stlnciecw.ora, 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, If is the policy of St. Lucie County that all County records shall be open for personal inspection.. examination and j or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection; examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption OFFICE USE ONLY: DATE FILED: REVIEW FEE: CONCURRENCY FEE: SP NUMBER: M;yS RECEIPT NO: RESOLUTION NO: RECEIPT NO: CFRT_ rAPArvry rrn. ST. LUCIE COUNTY GROWTH MANAGEMENT 2300 Virginia Ave Fort Pierce, FL 34982 772-462-2822 APPLICATION FOR MINOR/MAJOR SITE PLAN AND CERTIFICATE OF CAPACITY DIRECTIONS FOR SUBMITTAL Please complete the requested information and submit all items to the St. Lucie County Growth Management Department, 2300 Virginia Avenue, Ft. Pierce, FL 34982. The proper non-refundable application fee must accompany all applications. For additional details on the information necessary for a submission of a site plan, please refer to Section 11,02.00, St Lucie County Land Development Code. For assistance in submitting the application, please contact the St. Lucie County Growth Management Department, Planning Division. REVIEW FEES AND THRESHOLD FOR REVIEW MC,. Q:a.. Required Review $400.00 Less than 10 Acres Site Plan Feeover Concurrency Fee $200.00 50 Acres gi; $400.00 Review Thresholds Residential Development Residential Development Single Family 3 to 10 Lots Single Family >10 Lots Multi Family < 50 Units Multi Family> � = 50 Dwelling Units Non -Residential Non -Residential General Non -Residential 6,000-24 999 sf General Non-Residential =>25,000 sf Drive-thru Facility <24,999 sf Commercial Lodging < 6 units Fuel Dispensing Uses <24 999 SF Commercial Lodging < 6 units Plat Fee (no $250.00 $250.00 im rovements Site Plan Extension $200,00 $200.00 Type of Site Plan (please check one) Minor Site Plan I ] Major Site Plan Initial submission shall include the following: Submission of Application I) One (1) original of the completed site plan application. 2) Twenty (20) copies of the site plan graphics. (24 inches by 36 inches sheets) 3) Twenty (20) copies of the landscape plan. 4) Twenty (20) copies of the required boundary and topographic survey 5) Five (5) copies of the Transportation Impact Report (if applicable). 6) Five (5) copies of the Environmental Impact Report (if applicable). 7) Five (5) copies of the Preliminary Drainage Data. 8) Two (2) copies of Acrial. 9) One (I) copy of the St. Lucie County Property Appraiser Tax Map (Scale 1 200) with property under petition highlighted �Cy`E r All applications for Site Plan approval must be completed and filed with the department before 4:30 PM each business day to meet applicable filing deadlines. For an application submission to be determined complete, all required materials must be present at the time of submission. Project Information Location/Site Address Just South of St. Lucie Blvd. on Center Road (a.k.a 53 rd Street) Site Plan Name BPSC 143113000000100 Property Tax ID Number Legal Description Please see attached documentation for Legal Description (attach extra sheets if necessary) Section 31 Township 34 South Range 40 East Parcel Size Acres 56.56 Square Footage 246,2894 +/- sf. Zoning District IL Land Use Classification IND Warehousing/Office Description of Project [ ]Residential Number of Residential Units/Subdivided Lots [ ] Commercial Total Square Footage Type of Construction [ ✓ ] Industrial Total Square Footage 351,000 sf. (Check all appropriate boxes) [ �/ ]Please specify This site has been designated as a Brown Field Number and size of N/A outparcels (if applicable) St. Lucie County Application for Minor/Major Site Plan Checklist Have you shown or provided the following required information? Boundary & Topographic Information: (Refer to Section 11.02.09(A)(2), St. Lucie County Land Development Code) Yes No Aerial Photograph (subject property highlighted)) ✓ Location Sketch ✓ Boundary/Topographic Survey ✓ Positive Outfall . Floodplain ✓ Drainage Basin Boundaries ✓ Preliminary, 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 & Setbacks for all buildings ✓ parking and loading areas Identification of maximum buildable area under review ✓ Water/Wastewater Facilities Identification of all easements Identification of all drainage facilities Identification of adjacent driveways ✓ 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 have answered NO to any item above, please explain why in the space below: 1. At this time a mitiqation plan will be provided.of 2. The proposed project is not proposed to be phased. 3. The area that the proposed project lies is not applicable to a Sea Turtle Protection Plan. 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 project. ACKNOWLEDGMENTS Applicant Information (Property Developer) Name: B.P.S.C. Industries, LLC. Address: 5026 Marina Circle Boca Raton, Florida 33486 Phone: (954)520.8000 Fax: N/A Property Owner Information Agent Information Name: Lucido & Associates Address: 100 Avenue A Suite 2A Fort Pierce FL 34950 Phone: 772-467-1301 Fax:772-467-1303 This applicati of be considered complete without the notarized signature o ro ert owners of record, which shall serve as an acknowle ment of tho submissi o a lication for site plan approval. T property own 's signature below shall also rye as authorization for the ove applicant or a t on behalf of said property owner. / Pro evty Ow er ign Property Owner Name (Please Print) Mailing Address: " Cffz ti Phone: STATE OF FLO DA COUNTY OF f • Lvc OFFICE USE ONLY The foregoing instrument was acknowledged before me this Z Project Reviewer:; day of 120 a& , by O d1,DRC Review: - who is personally known to me or who has produced 14oz S� Approval Date: as identification. Comments: Notary Public Title %Q ar / Commission Number (Seal) 1 NoM! Pinto - 8f d Fbft CoWNWO EON JM xi. 2M CoemINlon 0 00 5nm • 0 m if d my I' @A M No" AM. ADMINISTRATION AND ENFORCEMENT 11.02.07 of Section 11.00.03 and 11.00.04. All requests for Planned Development Site Plan extension shall be accompanied by a complete explanation of the reasons that the site plan extension is necessary. d. No Final Planned Development Site Plan shall be extended for any period beyond 24 months from the date of original expiration as set forth in the Final Development Order for that Final Planned Development Site Plan without undergoing a complete re -review in accordance with the provisions of Section 11.02.00 and demonstration of compliance with all applicable codes in effect at that time. C. Abandonment of Construction: 1. In cases where a building permit has been secured, but construction has not commenced and proceeded toward completion, site plan approval shall terminate and become null and void after notice and hearing by the Board of County Commissioners if the Board by a 4/5 vote determines that construction of the approved development plan has been abandoned or suspended. For the purpose of this paragraph, construc- tion shall be considered to be abandoned or suspended if at the hearing it is shown: a. That an active building permit had not been maintained in accordance with the approved site plan and Section 13.00.00, or; b. It is shown to the satisfaction of the Board of County Commissioners that the applicant has not proceeded toward the completion of the permitted structure(s) for a six month period prior to the issuance of a Notice of Intent to Revoke, unless the inactivity is attributable to the deliberate and scheduled phasing of a multiphase project. 1. A public hearing to consider the revocation of site plan approval shall be scheduled before the Board of County Commissioners in accordance with requirements of Section 11.00.04. Formal notice of this public hearing shall be provided to those parties identified on the Building Permit application. 2. This section shall not operate to invalidate any site plan prior to the end of the initial twenty four (24) month approval period or any authorized extension thereof. 11.02.07. Standards for Site Plan Review. 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. St. Lucie County Land Development Code 11:27 Adopted May 19, 2009 11.02.07 ST. LUCIE COUNTY LAND DEVELOPMENT CODE B. Effect on Nearby Properties. 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening. 3. The proposed building or use 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. C. Adequacy of Public Facilities. The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. D. Adequacy of Fire Protection. The applicant has obtained from the St. Lucie County - Fort Pierce Bureau of Fire Prevention written confirmation, or has otherwise demon- strated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. E. Adequacy of School Facilities. The proposed building or use will be served by adequate school facilities. F. Environmental Impact. For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development will not contra- vene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August, 1982). 11.02.08. Conditions on Site Plan Approval. A. Major Site Plan Approvals. The Growth Management Director shall attach any reasonable condition, limitation, or requirement to a Minor Site Plan approval as is necessary to effectuate the purposes of this Section and to carry out the spirit and purpose of this Code and the St. Lucie County Comprehensive Plan. Such conditions shall be set forth expressly in the Final Development Order approving the site plan and shall include the following: 1. Raffic Control Devices. Whenever, as the result of additional traffic generated by a proposed development, it is determined based on the Manual on Uniform Traffic Control Devices that there is a need for installation of traffic control devices (including traffic signals, signing, and pavement markings) to ensure safe traffic circulation onto and off of the site, the site plan shall not be approved except upon the condition that the applicant be responsible for installing all said devices and signs, or make an equitable contribution toward such installation. In the case of those developments accessing onto any portion of the State Highway system, concurring approval, in the St. Lucie County Land Development Code 11:28 Adopted May 19, 2009 ADMINISTRATION AND ENFORCEMENT 11.02.08 form of a Notice of Intent or other authorized conceptual approval, from the Florida Department of Transportation about any signals or other regulatory devices is required to be obtained before any Final Development Order is issued. 2. Access Improvements. A site plan shall not be approved except upon the condition that the applicant provide the access (ingress and egress) improvements determined to be necessary as a result of traffic generated by the development. 3. Water and Sewer Dry Line Improvements. If the proposed development is within a water or sewer utility's five (5) year service area, the developer shall construct and dedicate to the County, or at the County's discretion, the applicable service provider, dry water and sewer lines in accordance with standards and specifications of the County and the applicable service provider 4. Connected to Regional Utility Systems. A site plan shall not be approved except upon the condition that the development connect to a regional potable water distribution and/or wastewater collection system when the system becomes available to service the development. 5. Right -of -Way Dedications. A site plan shall not be approved that does not provide for dedication of the necessary right-of-way as required in Section 7.05.02. 6. Projects Requiring Other Regulatory Approval. a. For developments requiring any permit from the United States Army Corps of Engineers, the Florida Department of Environmental Regulation, the Florida Department of Natural Resources, or any other state or federal regulatory authority, the Growth Management Director shall not approve unconditionally a Minor Site Plan until it has received from such agency notice of either issuance of or intent to issue the required regulatory permit. b. The Growth Management Director may approve a Minor Site Plan conditioned upon receiving notice of either issuance of or intent to issue any required regulatory permit if it can make, on a tentative basis and subject to confirmation, the findings required in Section 11.02.07(E). A site plan approval conditioned upon receiving notice of either issuance of or intent to issue any required regulatory permit shall not preclude the Board of County Commissioners, after reviewing the regulatory permit application and other information, from revok- ing such conditional site plan approval based solely upon an inability to confirm the findings required in Section 11.02.07(F) or from protesting the permit application. 7. Comprehensive Plan and Code. The Growth Management Director may add any condition deemed necessary to ensure compliance with the provisions of this Code, the St. Lucie County Comprehensive Plan and the St. Lucie County Code and Compiled Laws.. St. Lucie County Land Development Code 11:29 Adopted May 19, 2009 11.02.08 ST. LUCIE COUNTY LAND DEVELOPMENT CODE B. Major Site Plan Approvals. The Board of County Commissioners shall attach any reasonable condition, limitation, or requirement to a site plan approval as is necessary to effectuate the purposes of this Section and to carry out the spirit and purpose of this Code and the St. Lucie County Comprehensive Plan. Such conditions shall be set forth expressly in the Final Development Order approving the site plan and shall include the following: 1. Raffic Control Devices. Whenever, as the result of additional traffic generated by a proposed development, it is determined based on the Manual on Uniform Traffic Control Devices that there is a need for installation of traffic control devices (including traffic signals, signing, and pavement markings) to ensure safe traffic circulation onto and off of the site, the site plan shall not be approved except upon the condition that the applicant be responsible for installing all said devices and signs, or make an equitable contribution toward such installation. In the case of those developments accessing onto any portion of the State Highway System, concurring approval, in the form of a Notice of Intent or other authorized conceptual approval, from the Florida Department of Transportation about any signals or other regulatory devices is required to be obtained before any Final Development Order is issued. 2. Access Improvements. A site plan shall not be approved except upon the condition that the applicant provide the access (ingress and egress) improvements determined to be necessary as a result of traffic generated by the development. 3. Water and Sewer Dry Line Improvements. If the proposed development is within a water or sewer utility's five (5) year service area, the developer shall construct and dedicate to the County, or at the County's discretion, the applicable service provider, dry water and sewer lines in accordance with standards and specifications of the County and the applicable service provider. 4. Connected to Regional Utility Systems. A site plan shall not be approved except upon the condition that the development connect to a regional potable water distribution and/or wastewater collection system when the system becomes available to service the development. 5. Right -of -Way Dedications. A site plan shall not be approved that does not provide for dedication of the necessary right-of-way as required in Section 7.05.02. 6. Projects Requiring Other Regulatory Approval. a. For developments requiring any permit from the United States Army Corps of Engineers, the Florida Department of Environmental Regulation, the Florida Department of Natural Resources, or any other state or federal regulatory authority, the Board of County Commissioners shall not approve unconditionally a site plan until it has received from such agency notice of either issuance of or intent to issue the required regulatory permit. b. The Board of County Commissioners may approve a site plan conditioned upon receiving notice of either issuance of or intent to issue any required regulatory permit if it can make, on a tentative basis and subject to confirmation, the St. Lucie County Land Development Code 11:30 Adopted May 19, 2009 ADMINISTRATION AND ENFORCEMENT 11.02.09 findings required in Section 11.02.07(E). A site plan approval conditioned upon receiving notice of either issuance of or intent to issue any required regulatory permit shall not preclude the Board of County Commissioners, after reviewing the regulatory permit application and other information, from revoking such conditional site plan approval based solely upon an inability to confirm the findings required in Section 11.02.07(F) or from protesting the permit applica- tion. 7. Reduction In Maximum Residential Density. The Board of County Commissioners shall require a reduction from the maximum density permitted in the zoning district in which a proposed development is to be located when such allowable maximum residential density: a. Would impose an excessive burden, as determined by recognized engineering or other professional standards, on public facilities that would serve the proposed development; or b. Would contravene any goal, objective, or policy of the St. Lucie County Compre- hensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August, 1982). 8. Comprehensive Plan and Code. The Board of County Commissioners may add any condition deemed necessary to ensure compliance with the provisions of this Code, the St. Lucie County Comprehensive Plan and the St. Lucie County Code and Compiled Laws. 11.02.09. Submittals for Minor and Major Site Plans. A. Minor and Major Site Plan Requirements. Site Plan submittals shall include the following materials: 1. General Information: a. The applicant's name and address. b. The applicant's interest in the subject property. C. The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application. d. The street address and a legal description of the property. e. The present zoning classification and existing uses of the subject property proposed to be reclassified. f. Information on land areas adjacent to the proposed development and an indica- tion of the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities, and unique natural features of the land. St. Lucie County Land Development Code 11:31 Adopted May 19, 2009 11.02.09 ST. LUCIE COUNTY LAND DEVELOPMENT CODE g. A development schedule indicating the approximate date construction of the development or stages of the development can be expected to begin and be completed. h. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the development, such as land areas, dwelling units, and commercial facilities. i. A statement describing whether the project will utilize existing water and sewer facilities and if so a letter from the service provider stating capacity will be available for the project. 2. Existing Conditions: a. An aerial photograph of the property on which the development activity is to take place. The aerial photograph used to satisfy this requirement may be obtained from the St. Lucie County Property Appraiser. b. Detailed location sketch of the proposed development designating the section, township and range. C. A topographic survey of the entire project site, prepared in accordance with the current standards of Chapter 61G17-6 FAC, which shall include, at a minimum: the project boundaries, a north arrow, a scale indicator, bench mark information (NGVD) and; 1. One (1) foot contours shall be shown and shall extend at least 50 feet around the project site, except that the Growth Management Director may autho- rize partial relief from this standard when the following conditions exist: a. Existing grade conditions, throughout the site are such that one foot contours would not be discernable. In these instances, contours at two (2) foot intervals may be provided; and/or, b. Existing grade conditions, over the entire site, vary less then two feet above base elevation. 2. A sufficient number of spot elevations shall be shown to support the contour information and to accurately reflect the site topography. All topographic surveys shall be submitted on a sheet size twenty-four (24") by thirty-six (36") inches and shall be the same scale as the project site plan. All topographic surveys shall have been prepared within the 24 months prior to the application for site plan being filed and shall reflect current property conditions. d. A boundary survey and legal description prepared in accordance with the current standards of Chapter 61G17-6 FAC. All boundary surveys shall be submitted on a sheet size twenty-four (24) inches by thirty-six (36) inches and shall be the same St. Lucie County Land Development Code 11:32 Adopted May 19, 2009 ENVIRONMENTAL IMPACT REPORT BPSC 53RD STEET PARCEL 36.55 - ACRES ST. LUCIE COUNTY, FLORIDA AUGUST 31, 2005 Prepared by: ECF Ecological Consulting of Florida 4646 SE Pompano Terrace Stuart, FL 34997 772-220-7817 6003.00 TABLE OF CONTENTS 1.0 Introduction...................................................................................................... 1 2.0 Site Location.................................................................................................... 1 3.0 Methodology ..........1 .......................................................................................... 4.0 Topography/Hydrology...................................................................................1 5.0 Soils .3 ................................................................................................. 6.0 Site Conditions..............................................................................................3 7.0 Habitat/Land Use..........................................................................................5 8.0 Critical Habitat/Listed Species Observations................................................7 9.0 Wetlands and Surface Waters.......................................................................8 10.0 Conclusion....................................................................................................8 LIST OF FIGURES Figure 1 USGS Quadrangle Map........................................................................ 2 Figure2 Soils Map............................................................................................... 4 Figure 3 Land Use and Land Cover Map............................................................. 6 LIST OF TABLES Table 1 Land Use and Cover Summary ............................................................. 0 Table2 FNAI Listed Species.............................................................................. 7 PHOTOGRAPHS Photographs............................................................................................................. 10 ATTACHMENT Correspondence with Agencies............................................................................... 13 ENVIRONMENTAL IMPACT REPORT BPSC 53RD STREET PARCEL 36.55 - ACRES ST. LUCIE COUNTY, FLORIDA 1.0 INTRODUCTION The project involves the construction of a warehouse storage facility and associated stormwater system on a +36.55-acre site. The proposed project will be permitted through South Florida Water Management District (SFWMD) with this report supporting the Environmental Resources Permit (ERP) and St. Lucie County site plan review process. 2.0 SITE LOCATION The project is located within Section 31, Township 34 South, Range 40 East, St. Lucie County, Florida (Figure 1). Specifically the project is located on 5Td Street just south of St. Lucie Airport. The site is bordered to the east by an existing race track, to the south by a drainage canal and single family residential, to the west by industrial development and to the north by 53rd Street, vacant open land and industrial uses. 3.0 METHODOLOGY The assessment methodology consisted of the review of topographic information, soils maps, and recent aerial photographs and County ordinances governing critical habitat and listed species specific to the County. A field reconnaissance of the subject parcel was then conducted which included pedestrian transects through the parcel to map and identify specific habitat and land uses and vegetative cover types. Field notes were taken and an aerial photograph was marked with land use and cover types and any environmental findings. 4.0 TOPOGRAPHY/HYDROLOGY According to the USGS topographic quadrangle (Ft. Pierce, FL), the site has an average elevation of 21 feet NGVD, with two depressions identified. One of the depressions is located in the northwest corner and the other in the north central portion of the site. -I.-.-T.- HIS DOCUMENT. TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN. ASAN NYBTRUMENT OF �annrn�., SERVICE, IS INTENDED ONLY FOR THE SPECIFlC PURPOSE AND CLIENT FOR W WCH IT W118 PREPARED. REUSE 500 0 E00 OF AND IMPROPER RELIANCE ON THIS DOCUMEM WITHOUT WRITTEN AUnpR17ATION AND ADOPTATION BY ECOLOGICAL CONSULTING OF FLORIDA SWILL BE WITHOUT LIABILITY TO ECOLOGICAL CONSULTNO OF FLDNDA 1 inch =1,000 R N ECF USGS QUADRANGLE WA&E FIGURE 1 geological BPSC 36.55 AC PARCEL �(�SFS DATE: 8-29-M Consulting SOURCE USGS FT. PIERCE (1983) QUADRANGLE PROJECT No. 3005.00 Of Florida ST. LUCIE COUNTY FLORIDA SECTION 31, TOWNSHIP 34 SOUTH, RANGE 4o EAST Site reconnaissance confirms the depression in the northwest corner of the site, however the previous activities on site have altered the remaining area and the second depression is now covered by the race track and facilities. Currently the depressions and water feature have been filled and replaced with a race track and associated facilities. A small ditch is currently present near the east property boundary. Minor swales are present as part of the water management system for the race track, and a levee is adjacent (off site) to the south property boundary associated with the drainage canal. &0 SOILS According to the Soils Survey of the St Lucie County Area, St. Lucie County, FL (USDA-SCS, 1977), the soils consist of Pits (Figure 2). The on site soil is characterized as follows: Pits (33). This map unit consists of excavations from which soil and geological material have been removed mostly for use in road construction or in building foundations. Included with Pits is sandy and loamy waste material that is piled or scattered around the edges of the pits. Pits are generally small, but a few excavations are large. Many of the pits have been abandoned. Some are filled with water and are shown as water on the soil map. On site reconnaissance indicates Pits may not accurately describe the soils currently on site. If at one time the entire site was classified as pits, all pits have since been filed with waste materials and there are currently no signs of the previous depressions. 6.0 SITE CONDITIONS An assessment of the extent, distribution and composition of vegetative communities for the 9.43-acre site was conducted by Chris Sopotnick of Ecological Consulting of Florida (ECF), on several events. The first review occurred on March 28, 2006, prior to mowing activities on site. ECF worked with the client selectively mow the parcel to obtain tree survey data, as well as accurate gopher tortoise data. This process occurred from May - July 2006 with ECF attending three monitoring events. Pedestrian transects were conducted throughout the site with vegetative communities mapped on a county blueline aerial photograph. A description of each community type is provided in the Habitat/Land Use section of this report. THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN. AS AN INSTRUMENT OF vnn� ....•.-- 1 SERVICE. IS INTENDED ONLY FOR THE SPECIFlC PURPOSE AND CLIENT FOR WMCH R WAS PREPARED. REU� 500 0 OF AND IMPROPER RELUWCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORWTON AND ADOPTATON BY ECOLOGICAL CONSULTING OF FLORIDA SHALL BE WITHOUT LIABWTY TO ECOLOGICAL CONSULTNG OF FLORIN 1 RICh = 1,000 ♦t. N ECF SOILS MAP W�E FIGURE 2 BPSC 36.55 AC PARCEL S DATE &29-06 Consulting COUNTY AREA. FLORIDA 09T7)SOURCE: USDA NRCS SOIL URVEY OF ST. LUCIE PROJECT No. 6005.00 of Floeid• ST. LUCIE COUNTY FLORIDA SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST 7.0 HABITAT/LAND USE Onsite habitats and adjacent land uses have been characterized using the Florida Land Use Cover and Forms Classifications System (FDOT, 1985) (FLUCFCS), and are described below and depicted on the Land Use and Cover Map (Figure 3). o 183 — Race Track and Associated Facilities: A large portion of the site is classified as race track and associated facilities. This is currently the dominant use of the site, A dirt track and associated buildings are present with the remainder of this land cover type in open land for parking. The open land component is vegetated with bahiagrass (Paspalum notatum), with occasional slash pine (Pinus elliotti►), and cabbage palm (Sabal palmetto). o 511 — Upland Cut Ditch: An upland cut ditch is located near the east property boundary, and is primarily covered by a canopy of Brazilian pepper (Schinus terebinthefolius), with some coastal willow (Salix caroliniana) present. o 641 D — Freshwater Marsh, Disturbed: A freshwater marsh is found in the northwest corner of the site. This wetland is highly disturbed and is characterized by a dense cluster of primrose willow (Ludwigia peruviana), coastal willow, occasional St. John's wort (Hypericum spp.), water hyssop (Bacopa monnien), and Brazilian pepper. o 746 — Disturbed Land, Former Land Fill Operations: This community is the dominant coverage on site. This area has uneven terrain, with scattered construction related debris mixed with the soil and present on the surface. This area has been revegetated since land fill operations ceased. Currently the site has a canopy of slash pine and an occasional laurel oak (Quercus laurifolia), with an occasional cabbage palm observed within the sub canopy. The dominate vegetation within this community is a monoculture of giant cane (Arundinaria gigantea), with pockets of Brazilian pepper. TABLE 1 — LAND USE AND COVER SUMMARY FLUCFCS CODE COMMUNITY NAME ACRES PERCENT 183 Race Track and Associated Facilities 4.42 12.1 511 Upland Cut Ditch 0.11 0.3 641 D Freshwater Marsh, Disturbed 1.10 3.0 746 Disturbed Land, Former Land Fill Operations 30.92 84.6 Total Area 36.55 100.0 5 THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF GRAPHIC SCALE SERVICE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CUENT FOR WHICH IT WAS PREPARED, REUSE 15] 0 150 45 OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADOPTATION BY ECOLOGICAL CONSULTING OF FLORIDA SHALL BE WITHOUT LIABILITY TO ECOLOGICAL CONSULTING OF FLORIDA 1 inch = 300 ft N 7*1 JECF LAND USE AND COVER MAP W E FIGURE 3 Ecological BPSC 36.55 AC PARCEL S DATE: 8-29-06 Consulting Of Florida SOURCE: USGS FT. PIERCE (1983) QUADRANGLE FLORIDA PROJECT No. 800500 ST. LUCIE COUNTY SECTION 3I, TOWNSHIP 34 SOUTH, RANGE 40 EAST 8.0 CRITICAL HABITAT/ LISTED SPECIES OBSERVATION The site was reviewed for the presence of habitat conducive to federal and state listed flora and fauna. An initial review documented vegetative communities and noted areas listed as potential habitat. A cursory survey was performed by ECF on March 28, 2006, with a gopher tortoise survey conducted after initial mowing of the area on June 16, 2006. The methodology included meandering pedestrian and vehicular transects throughout the parcel. One active gopher tortoise (Gopherus polyphemus) burrow was noted on site (see Figure 3). Review of the parcel did not encounter any commensal species of the gopher or any additional burrow on this site. The low density of tortoise activity was anticipated based on the original review on March 28, 2006. Due to the previous uses of the site and existing debris noted it was anticipated to be unlikely that gopher tortoise would utilize this parcel. The Florida Natural Areas Inventory (FNAI) provides a matrix by county of rare and endangered species in Florida. Based on the known distribution and preferred habitats of certain species, the following listed wildlife has the potential to occur on site: TABLE 2 — FNAI LISTED SPECIES COMMON NAME SCIENTIFIC NAME EVIDENCE/SIGHTING STATUS FWC USFWS Eastern Indigo snake Drymarchon corias cou eri Not observed T T Gopher tortoise Go herus polyphemus Not observed SSC Go her froq Rana ca ito Not observed SSC Florida pine snake Pituo his melanoleucus mu itus Not observed SSC Bald eagle Haliaeetus leucocephalus Not observed T T Burrowing owl Speotyto cunicularia Not observed SSC Abbreviations: SSC = Species of special Concern, T = Threatened USFWS = United States Fish and Wildlife Service, FWC = Florida Fish and Wildlife Conservation Commission, None of the other species were identified on site. Coordination letters have also been sent to the Florida Fish and Wildlife Conservation Commission (FWC) and the U.S. Fish and Wildlife Service (USFWS) requesting input and a search of their databases for any other information about the site or nearby sites (Attachment 1). Correspondence from the Division of Historical Resources is attached indicating no significant archaeological or historical resources are recorded on the project site, and due to the location and/or nature of the project it is unlikely that any such site will be affected. 7 9.0 WETLANDS AND SURFACE WATERS The site includes one wetland in the northwest corner of the site. This wetland has been highly disturbed by the previous activities on site, and although considered jurisdictional by SFWMD, the wetland is considered low quality due to the inundation by exotic vegetation. There is also a ditch present along the western property boundary. This ditch is classified as other surface water (OSW) and would be regulated by the SFWMD and the US Army Corps of Engineers (ACOE). Carolyn Farmer of SFWMD attended a field meeting on July 12, 2006 to confirm the limits of jurisdictional wetlands on site. The ACOE has not yet confirmed jurisdictional areas on site. The ACOE will confirm the jurisdictional limits upon receipt of the ERP application. 10.0 CONCLUSION The subject property contains one wetland, an other surface water and a single active gopher tortoise burrow. An ERP application with SFWMD is being prepared and will be submitted upon completion. Initial field meetings with SFWMD staff have indicated that due to the low quality of the on site wetland, upon justifying that avoidance and minimization of the wetland is not practicable, the wetland can be permitted with proper offsetting mitigation. In order to have a usable project the applicant has determined that avoidance and minimization of the wetland is practicable. Currently the applicant and design team are evaluating mitigation options to present to SFWMD in the ERP to offset the loss of this wetland. Upon completion of the ERP the County will copied with the mitigation plan. The FWC has jurisdiction over the gopher tortoise. An application for relocation of this tortoise will be made 90-days prior to site clearing and after approval of the site plan by the County. The tortoise will be relocated off the project site on land under contiguous ownership by the applicant. No impacts to gopher tortoise are anticipated for this project. At the local level, St. Lucie County requires a Vegetation Removal Permit, as well as mitigation for native trees that cannot be preserved and incorporated into the development plan. This site includes slash pine, laurel oaks, live oaks and cabbage palms that would require permitting and mitigation by the county if impacted. The landscape architects plan will incorporate tree impacts and a tree mitigation plan to offset the impacts. REFERENCES Florida Department of Agriculture and Consumer Services, Division of Plant Industry. April 2004. Preservation of Native Flora of Florida, Chapter 513-40005, Florida Administrative Code. Florida Department of Transportation. 1999. Florida Land Use, Cover & Forms Classification System 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. 9p. U. S. Department of Agriculture, Soil Conservation Service. 1977. Soil survey of St. Lucie County Area, Florida. 183 p. + maps. Florida Natural Areas Inventory, 2006. FNAI Tracking List, St. Lucie County, FL St. Lucie County, Resource Protection Ordinance, Chapter Vi, Section 6.00.00 0 Photo 1. Gopher Tortoise Burrow (FLUCFCS 746) Photo 2. Race Track Parking Area (FLUCFCS 183) 11 Photo 3. Disturbed Lands (FLUCFCS 746) 12 Attachment 1 Copies of Correspondence to the Agencies 13 48413 SE- POMPeno T6Wa Stuart FtDA118 34987 Ph'77?-220-7817 Fax $66-23U-8514 ECOLOGICAL ASSESSMENTS wETLANCI L)EL+NEATIONS M1TIGATION PLAANUING PE M17T"IN6 SiERVICES MONITORING St:RVICES LISTED SPECIES Apnl 10: 2006 Mr ,Jay Slack, Field Suvervrse• United States Fish and Wiiclhfe Service South F.1wida Ecological Services Office 13339 20P Street Vero B$ cYt, FL 32960 RE: BPCS 56.62 AC Parcel St, Lucie C43unty, Florida Mr. Slack A Joint Environmental Rssource Permit application will be sbR6* 110 601,11th F'iodds Water Management C7tstrict anc the U S. Array Corps of ECM 1W a PfO,PMd commordal warehouse development within northern St Lucia C XNq n$W:ft St. Luele County Airport. The project is currently in the piannirr9e09e WKI-46 'f Cat 40f00al assessment of the 9ke l am requesting oorresponaisince from the RONVE rew. ding any t(nown listed species that may oe affected by development at the 1 The property is looted in section 3': township 34 south. range 40 ent; rM Ot just South of the St l..wc+e County Airport The property sn iudes a race trac-c and associated facilities, with the remaw4K.- of #*Site being disturbed lands (formerly a ;and fill operation) that has rsv ed•witt, slash pine arxd numerous exotic and nuisance vegetative species prcwided for your revtew is a site location map, quadrangle map, SOfts n*p, and land use and cover map (including Current aerial) Please confirm through your database that the project site or new yy areas are not utilized by any Federally rested species Thank you for your review of this prop peal project site. if you should have any comments or questions, please contact me at your earliest. convenience Thank you Sincerely. Ecological Consulting of Plorda David C Sopotruck Senior Scientist DCS Enclosures 6006 4646 SE f:rxopeno Tarram Stuart. Ffr nds U997 Ph 774.220-7$17 Fax 366-230-8514 ECOLOGICAL ASS°SSMENT$ Wt. TLAND l:ELIN&TIONS MITIGA 00N PLANNING PEPIWIT, irNG SERVICES MONITORING SERVICES L iS7EV SPECIES April 10. 20M Ms. Kristin Child Cft@ of i=nvironmenta! Servi•:es Florida Fish and Wildift Conservation Commission 626 South Meridian Street TafthaSsee Fl. 32399-360C RE, BPCS 66..62 AC Parcel St. Lucie Comty+, Florida Ms. Child A Joint Environnienta# Resource Fermat application wit€ be submitted 16 nth Florida Water Management District ar i the US Army Corps of Engineers'f r 0 Proposed commerciai warehouse development within northern St, Lucie Cogr4 rf f St. Utie County Airport The project is currently in the pleAning wee and as paint (Oft ecok&ai ascent of the site I am requesting correspondertce from the ageM reg fig arty known listed species that may oe of tided by d veloprrtartt of Me sub, erty. The prop" is located in section 31 township 34 south, range 40 esst, oo W Stivet just south of the St. Lucie County A;roort The property includes a race track and associated facilities, with the rem*hidor otttte site being disturbed lands; (formeny a ,and fill operation) that has revegetats4vvft slash piste and numerous exotic and nuisarr a vegetative species Provided for your review is a site location map, quadrangle map, sails n, and Land use and cover map (including current aerial) Please confir,r through your database that the protect site or nearby arMararlot Azed by any state listed species Than K you for your review of this proposed praiect site. If you shoWd have any comments or questions, please contact me at yourearlit convenience. Thank you Sincerely Ecoiogica! Consulting c), r:+onda David C. Sopotnick Senior Scientist DCS Enclosures 8006 4848 SE Pip r4wace Stuart. Prodda 3407 Fah. 772-220.781 i Rai. t?6&230-8$14 ECOLOGICAL ASSESSMENTS WETLAND DELINEATIONS U1 tiGA RVIV PLANNING PERMiTTYvG ,SERVICES MONITORING SERVICES L IS TED SPECIES April 10, 2006 Ms. James Snyder.Matthews Dms'*3 Of - HistoA6# Resources Slats H8106c Preservation Ohre 500 Soto Dronough Street T ie, FL 323&9-0250 f : 03r-S IM-62 At Parcel St. Deese C*Urft, Florida Ads. Matthews, A Joint Environmental Resource Permit application +gilt #.0,6UWitted-to Soh Flo ida W*8t AftnagemefA District arrd the U S. Army Coros of ka" for proposed carrirrtercial War0ihouse development on a parcel in no€ffrern'St Lude County rraeartfte St Lucie County Airport. I wOu10 like to requ%t a review of this pr*ct site fly your ofte fm ft pigs;" 0 any hisWic3l or aroseclogical properties that may be affected by. the pry. projaot, The fohowing irrforMation 3s provided for you revww Protect Locatir3rt and Size Tne project site conarsts of 56,42 acres. The projw is fora e;d in section 31, townsnir, 34 south, range 40 east, on Wi meet s3uth of tie St. Lucie County Airport 2. Lcaca#ro Maps' Enclosed please find a site locatlon map, and USGS quad r-ap. Proiect Site: The property includes a race bvrk. and associated tacklk i". with Me remainder of the site being disturbed lands (#6emelly a land fill operation) that has revegetated with stash pine and numerous ejeotid and nuisance vegetative species A land use and cover tyres map is provided. 4. lllatur$ of the f'rNW The project is currentlY in the Win$ stages, and will a commercial warehouse tacitty with roads and drainage. "shank you for your review of this pr6posed protect site. If you should havese ny.comments or questions, please contact me at your earliest convenience. Thar* you, Sincerely Ecological Consulting of Florida David C SOPO# kck ,- enior Scientist Enclosures 6005 ,.. FLORIDA DEPARTMENT OF STATE Sue M. Cobb Secretary of State DIVISION OF HISTORICAL RESOURCES Mr. David C. Sopotnick Ecological Consulting Florida 4646 SE Pompano Terrace Stuart, Florida 34997 Re: DHR No: 2006-03265 / Received by DHR: April 19, 2006 BPCS 56.62 AC Parcel St. Lucie County Dear Mr. Sopotnick: May 10, 2006 Our office received and reviewed the referenced project in accordance with Chapters 267 and 373, Florida Statutes, Florida's Coastal Management Program, and implementing state regulations, for possible impact to historic properties listed, or eligible for listing, in the National Register of Historic Places (NRHP), or otherwise of historical, architectural or archaeological value. The State Historic Preservation Officer is to advise and assist state and federal agencies when identifying historic properties, assessing effects upon them, and considering alternatives to avoid or minimize adverse effects. Our review of the Florida Master Site File indicates that no significant archaeological or historical resources are recorded within the project area. Furthermore, due to the location and/or nature of the project it is unlikely that any such site will be affected. If there are any questions concerning our comments or recommendations, please contact Scott Sorset, Historic Sites Specialist, by phone at (850) 245-6333, or by electronic mail at srsorset(@dos.state.fl.us. We appreciate your continued interest in protecting Florida's historic properties. Sincerely, 1�z�. P. G..�. Frederick P. Gaske, Director, and State Historic Preservation Officer 500 S. Bronough Street • Tallahassee, FL 32399-0250 • http://www.flheritage.com O Director's Office O Archaeological Research ® Historic Preservation O Historical Museums (850) 245-6300 9 FAX: 245-6436 (850) 245-6444 0 FAX: 245-64.52 (850) 245-6.M • FAX: 245-6437 (850) 245-6400 0 FAX: 245-6433 Cl Southeast Regional Office O Northeast Regional Office O Central Florida Regional Office (954) 467-4990 • FAX: 467-4991 (904) 825-SO45 • FAX: 825-5044 (813) 272-3843 • FAX: 272-2340