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Agenda Packet 03-02-2010
b:UU P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed r�for 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. March 2, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.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 JujWWtu�����d�t��u���u�uiEii�€uu�ut�t�u��s�u�ut��u���tr;�u�tn�u�� IV. V VI INVOCATION PLEDGE OF ALLEGIANCE MINUTES Approve the minutes from the February 23, 2010 meeting. PROCLAMATIONS/PRESENTATIONS A. Presentaon of Awards and Update by Ben Devires, Executive Director Treasure Coast Education & Research Development Authority GENERAL PUBLIC COMMENT CONSENT AGENDA A. WARRANTS Approve warrant list No. 22 B. COUNTY ATTORNEY Contract for Sale and Purchase — Harmony Heights Stormwater Improvements — Alexandra Witt Merker— Parcel I.D. 1431-802-0023-000/6 Consider staff recommendation to approve the Contract for Sale and Purchase from the Estate of Alexandra Merker, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Revocable License Agreement — Sonzef LLC — Eric Mineau — 140 NE Lobster Road — River Park Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Sonzef LLC to record the document in the Public Records of St. Lucie County. B. COUNTY ATTORNEY CONTINUED Fort Pierce FBO, L.L.C. — Sublease Agreement with Omniflight Helicopters, Inc. Consider staff recommendation to approve consent to the proposed sublease agreement between Fort Pierce FBO, L.L.C., and Omniflight Helicopters, Inc. Resolution No. 10-080 — Opposing Senate Bill 1216 and House Bill 1227 — Relating to Children's Services Consider staff recommendation to approve to adopt Resolution No. 10-080 opposing Senate Bill 1216 and House Bill 1227 as drafted. C. AIRPORT Termination of Sustainable Resources International (SRI) Lease and Permission to Advertise a Request for Proposal (RFP) to Lease the Property at 4600 Taylor Dairy Road Consider staff recommendation to approve to terminate the SRI lease and advertise a Request for Proposals to lease the property at 4600 Taylor Dairy Road at the St. Lucie County International Airport. D. PUBLIC WORKS Amendment to contract for Concrete, Culvert and Asphalt Installation Consider staff recommendation to approve of first amendment to Contract No. 09-09-456, Concrete, Culvert and Asphalt Installation, with Melvin Bush Construction and authorization for the Chairman to sign documents as approved by the County Attorney. HUMAN RESOURCES Prison Health Services Inmate Health Care Invoice, FY 09-10 First Quarter. Consider staff recommendation to approve for payment of Prison Health Services invoice number PHS0007139 for the First Quarter period of October 01, 2009 thru December 31, 2009, in the amount of $475,003.61. 2. Prison Health Services Inmate Health Care Invoice, FY08-09, Late Billing. Consider staff recommendation to approve payment of Prison Health Services invoice number PHS0007138 for period of 10/01/08 to 09/30/09, in the amount of $410,923.16. F. GROWTH MANAGEMENT Savanna Plat #18 final plat. Consider staff recommendation to approve of the final plat to be known as Savanna Plat #18 and authorization for the Chairman to sign documents as approved by the County Attorney. G. GRANTS Forest Health Improvement Initiative for Heathcote Botanical Gardens — Grant Application Consider staff recommendation to approve authorization to submit a grant application in the amount of $23,962 to the Florida Department of Agriculture and Consumer Services Division of Forestry, Forest Health Improvement Initiative Grant Program for expanding tree canopy at Heathcote Botanical Gardens. Florida Division of Emergency Management Citizen Corps Program — Grant Acceptance Consider staff recommendation to approve a grant contract with the Florida Division of Emergency Management Citizen Corps Program to accept a grant in the amount of $7,000 for the Citizens Corps Program and Board authorization for the Chairman to sign the contract, as approved by the County Attorney. 3. Florida Division of Emergency Management Citizen Emergency Response Team Program — Grant Acceptance Consider staff recommendation to approve a grant contract with the Florida Division of Emergency Management Citizen Emergency Response Team (CERT) Program to accept a grant in the amount of $11,000 for the CERT Program and Board authorization for Chairman to sign the contract, as approved by the County Attorney. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY a-L-aL7No. 1/fr7d��1 Ordinance 0-041/k/a Ordinance no. 09-019) — Amending Land Development Code to Create Section 11.15.00, Land Development Code, to Establish Zoning/Planning in Progress Procedures The March 2, 2010 public hearing is the first of two required public hearings. No action is required at this time. B. GROWTH MANAGEMENT , ito i ��'e J Resolution No. 10-001— Petition of Majesty, LLC for a Conditional Use Permit << _S dss, d 4- Consider staff recommendation to approve adoption of Resolution No. 10-001 granting a Conditional Use Permit with limiting conditions, as outlined in the agenda memorandum. C. PUBLIC WORKS n d�l'v-r�i�n� fc� �r� C Pk t c r c: s 5CC}� aed South 2511 Street and North Cortez Boulevard � ,� ter cS��� K--0 Consider staff recommendation to approve authorization to permanently close the intersection of PP P Y South 25th Street at North Cortez Boulevard, approve Resolution No. 10-058, and authorization for the Chairman to sign the document as approved by the County Attorney. END OF PUBLIC HEARINGS Vill. ANNOUNCEMENTS The 45th Annual St. Lucie County Fair runs thru March 7, 2010 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit: www.stluciecountyfair.com. The New York Mets kick off their Spring Training Season at Tradition Field in Port St. Lucie on Tuesday, March 2, 2010 vs. the Atlanta Braves at 1:10 p.m. Home games run through April 1, 2010 with games vs. the Florida Marlins, Boston Red Sox, St. Louis Cardinals, Houston Astros, Washington Nationals, Detroit Tigers and others. For tickets call (772) 871-2115 or visit www.traditionfield.com. Citizens of St. Lucie County are invited to attend a workshop on the Comprehensive Plan Update otherwise known as the Evaluation and Appraisal Report based Amendments. The workshop purpose is to receive public input on the amendments to the Comprehensive Plan. The Workshop will be held in the Commission Chambers on Monday, March 8, 2010 at 6:00 p.m. St. Lucie County will conduct the a second Educational Forum for the Western Lands Study on Saturday, March 6, 2010 from 9 am to 12:30 pm at the Havert L. Fenn Center, 2000 Virginia Ave., Fort Pierce. For more information please contact Kara Wood at 772-462-2822 or woodk stlucieco.org. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, March 23, 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 swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. March 2, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rior 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. March 2, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.org uim imait r r z ...ih i� �t a a �" �nnmi�ta r n em 1"W i6flin n 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 u"Wnu r. utan am liiM INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the February 23, 2010 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Presentation of Awards and Update by Ben Devires, Executive Director Treasure Coast Education & Research Development Authority V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 22 B. COUNTY ATTORNEY Contract for Sale and Purchase — Harmony Heights Stormwater Improvements — Alexandra Witt Merker— Parcel I.D. 1431-802-0023-000/6 Consider staff recommendation to approve the Contract for Sale and Purchase from the Estate of Alexandra Merker, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 2. Revocable License Agreement — Sonzef LLC — Eric Mineau — 140 NE Lobster Road — River Park Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Sonzef LLC to record the document in the Public Records of St. Lucie County. COUNTY ATTORNEY CONTINUED Fort Pierce FBO, L.L.C. — Sublease Agreement with Omniflight Helicopters, Inc. Consider staff recommendation to approve consent to the proposed sublease agreement between Fort Pierce FBO, L.L.C., and Omniflight Helicopters, Inc. Resolution No. 10-080 — Opposing Senate Bill 1216 and House Bill 1227 — Relating to Children's Services Consider staff recommendation to approve to adopt Resolution No. 10-080 opposing Senate Bill 1216 and House Bill 1227 as drafted. C. AIRPORT Termination of Sustainable Resources International (SRI) Lease and Permission to Advertise a Request for Proposal (RFP) to Lease the Property at 4600 Taylor Dairy Road Consider staff recommendation to approve to terminate the SRI lease and advertise a Request for Proposals to lease the property at 4600 Taylor Dairy Road at the St. Lucie County International Airport. D. PUBLIC WORKS Amendment to contract for Concrete, Culvert and Asphalt Installation Consider staff recommendation to approve of first amendment to Contract No. 09-09-456, Concrete, Culvert and Asphalt Installation, with Melvin Bush Construction and authorization for the Chairman to sign documents as approved by the County Attorney. E. HUMAN RESOURCES Prison Health Services Inmate Health Care Invoice, FY 09-10 First Quarter. Consider staff recommendation to approve for payment of Prison Health Services invoice number PHS0007139 for the First Quarter period of October 01, 2009 thru December 31, 2009, in the amount of $475,003.61. 2. Prison Health Services Inmate Health Care Invoice, FY08-09, Late Billing. Consider staff recommendation to approve payment of Prison Health Services invoice number PHS0007138 for period of 10/01/08 to 09/30/09, in the amount of $410,923.16. GROWTH MANAGEMENT Savanna Plat #18 final plat. Consider staff recommendation to approve of the final plat to be known as Savanna Plat #18 and authorization for the Chairman to sign documents as approved by the County Attorney. G. GRANTS Forest Health Improvement Initiative for Heathcote Botanical Gardens — Grant Application Consider staff recommendation to approve authorization to submit a grant application in the amount of $23,962 to the Florida Department of Agriculture and Consumer Services Division of Forestry, Forest Health Improvement Initiative Grant Program for expanding tree canopy at Heathcote Botanical Gardens. 2. Florida Division of Emergency Management Citizen Corps Program — Grant Acceptance Consider staff recommendation to approve a grant contract with the Florida Division of Emergency Management Citizen Corps Program to accept a grant in the amount of $7,000 for the Citizens Corps Program and Board authorization for the Chairman to sign the contract, as approved by the County Attorney. 3. Florida Division of Emergency Management Citizen Emergency Response Team Program — Grant Acceptance Consider staff recommendation to approve a grant contract with the Florida Division of Emergency Management Citizen Emergency Response Team (CERT) Program to accept a grant in the amount of $11,000 for the CERT Program and Board authorization for Chairman to sign the contract, as approved by the County Attorney. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 10-04 (f/k/a Ordinance no. 09-019) — Amending Land Development Code to Create Section 11.15.00, Land Development Code, to Establish Zoning/Planning in Progress Procedures The March 2, 2010 public hearing is the first of two required public hearings. No action is required at this time. B. GROWTH MANAGEMENT Resolution No. 10-001— Petition of Majesty, LLC for a Conditional Use Pen -nit Consider staff recommendation to approve adoption of Resolution No. 10-001 granting Conditional Use Permit with limiting conditions, as outlined in the agenda memorandum. C. PUBLIC WORKS South 251h Street and North Cortez Boulevard Consider staff recommendation to approve authorization to permanently close the intersection of South 25t' Street at North Cortez Boulevard, approve Resolution No. 10-058, and authorization for the Chairman to sign the document as approved by the County Attorney. END OF PUBLIC HEARINGS VIII. ANNOUNCEMENTS The 45th Annual St. Lucie County Fair runs thru March 7, 2010 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit: www.stluciecountyfair.com. 2. The New York Mets kick off their Spring Training Season at Tradition Field in Port St. Lucie on Tuesday, March 2, 2010 vs. the Atlanta Braves at 1:10 p.m. Home games run through April 1, 2010 with games vs. the Florida Marlins, Boston Red Sox, St. Louis Cardinals, Houston Astros, Washington Nationals, Detroit Tigers and others. For tickets call (772) 871-2115 or visit www.traditionfield.com. St. Lucie County will conduct the a second Educational Forum for the Western Lands Study on Saturday, March 6, 2010 from 9 am to 12:30 pm at the Havert L. Fenn Center, 2000 Virginia Ave., Fort Pierce. For more information please contact Kara Wood at 772-462-2822 or woodk stlucieco.org. 4. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, March 23, 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 swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 23, 2010 Convened: 9:00 a.m. Adjourned: 9:45 a.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Paula A. Lewis, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Heather Young, Asst. County Attorney, Michael Brillhart, Economic & Strategy Development Director, Debra Brisson, Parks and Recreation Director, Don West, Public Works Director, Marie Gouin, OMB Director, Beth Ryder, Community Services Director, Jim David, Mosquito Control Director, Diana Lewis, Airport Director, Carl Holeva, Human Resources Director, Mark Satterlee, Growth Management Director, Mike Powely, County Engineer, Millie Delgado -Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the February 16, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Craft, to approve the minutes of the meeting held February 16, 2010, and; upon roll call, motion carved unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. Census 2010 Update Presentation by Beth Ryder, Co Chair of the St. Lucie County Complete Count Committee The Community Services Director gave a Census 2010 update. V. GENERAL PUBLIC COMMENT None VI. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 21 The Board approved Warrant List No. 21 B. COUNTY ATTORNEY Aircraft Service Center, Inc. — Sublease Agreement with Blue Diamond Turbine Services, Inc. The Board approved the sublease agreement between Aircraft Service Center, Inc., and Blue Diamond Turbine Services, Inc. Celebration Pointe Subdivision Improvement Board The Board granted permission to sue Bond Safeguard Insurance Company to enforce the provisions of the bonds. 3. Florida East Coast Railway Blanket Crossings License Agreement — Acknowledgement and Agreement for Assignment of Rents and Fees to Bank of America, N.A. The Board approved the attached Acknowledgment and Agreement for the Florida East Coast Railway Blanket Crossings License Agreement, and authorized the Chairman to sign the Agreement. B. COUNTY ATTORNEY CONTINUED 4. Treasure Coast Research Park — Conceptual Approval of Conveyance of Sixty (60) Acres to St. Lucie County School Board The Board granted conceptual approval for the conveyance of sixty (60) acres to the School Board of St. Lucie County as provided in the June 17, 2009 Sublease Agreement between the School Board and the University of Florida Board of Trustees. 5. B&E Houck Enterprises, Inc. — Consent to Lease Agreement and First and Second Addenda to Lease Agreement with Aviator Holdings of Florida, Inc. The Board approved the Lease Agreement and First and Second Addenda to Lease Agreement between B& E Houck Enterprises, Inc. and Aviator Holdings of Florida, Inc. Florida Communities Trust — Harbor Branch Preserve/FCT Project 07-027-FF7 — Third Amendment to Option Agreement for Sale and Purchase The Board approved the Third Amendment to Option Agreement for Sale and Purchase of the Harbour Branch Preserve parcels, authorized the Chairman to execute the Third Amendment and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. C. MANAGEMENT AND BUDGET Fixed Asset Inventory — Property Record Removal The Board approved removing the fixed assets, as listed on the attached Property Disposition Forms, from the capital inventory of various departments of St. Lucie County Board of County Commissioners. Fixed Asset Inventory — Property Record Removal The Board approved removing fixed assets, as listed on the attached Property Disposition Forms, from the capital inventory of St. Lucie County Tax Collector's Office. 3. Fixed Asset Inventory — Property Record Removal The Board approved removing fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the Clerk of the Circuit Court. Resolution No. 10-067, Changes to Purchasing Manual — Environmentally Preferred Purchasing The Board approved Resolution No. 10-067, Changes to Purchasing Manual — Environmentally Preferred Purchasing. D. ENVIRONMENTAL RESOURCES Resolution No. 10-065, Amendment to SLC Greenprint The Board approved Resolution No. 10-065 to amend Resolution 09-207 and the St. Lucie County Greenprint per Attachments A and B, and authorized the Chair to sign documents as approved by the County Attorney. 2. Second Amendment to Building Green Generations, Inc. contract 2 The Board approved the second amendment to contract # C09-03-089 for a no -cost time extension as outlined in the agenda memorandum and authorized the Chairman to sign documents as approved by the County Attorney. E. GRANTS Silver Line Plastics — Job Growth Incentive Grant The Board approved the Job Growth Incentive Grant of $72,600 to Silver Line Plastics, Inc. and authorized the Chairman to sign grant contract documents as prepared by the County Attorney. 2. Harbor Branch Preserve — SFWMD Grant Contract Amendment The Board approved the amendment to a grant contract with the South Florida Water Management District for the Harbor Branch Preserve project extending the time period of the contract to July 5, 2010. F. COMMUNITY SERVICES Sub recipient Agreement with Fort Pierce Housing Authority (FPHA) The Board approved the Sub recipient Agreement with FPHA for the management of rental properties under the NSP program, and authorized the Chairman to sign the documents as approved by the County Attorney. Contract Cancellation The Board approved ca ncelling contract C09-08-288 with CCMS and authorized the Chairman to sign documents as approved by the County Attorney. Award of Housing Rehabilitation Bids The Board approved awarding the bids for four rehabilitation projects under the HOME program, and authorized the Chairman to sign documents as approved by the County Attorney. G. PUBLIC WORKS Mitigation Credits The Board approved the purchase of 5.2 additional Mitigation Credits from the Bluefield Mitigation Bank in the amount of $154,000 and authorized the Chairman to sign the agreements as approved by the County Attorney. G. PUBLIC WORKS CONTINUED North Lennard Road 1, 2, and 3 Municipal Service Benefit Units (MSBUs) The Board approved the Restrictive Covenant Agreements for the North Lennard Road 1, 2, and 3 MSBUs as outlined in the agenda memorandum. H. INVESTMENT FOR THE FUTURE Award of Bid No. 10-008 — Rock Road Correction Facility Chiller Addition The Board approved awarding Bid No. 10-088 to Grimes/Three G's and authorized the Chairman to sign documents as approved by the County Attorney. INFORMATION TECHNOLOGY Google Message Discovery (Postini) Software Support Contract Renewal The Board approved the contract for Commercium Technology, Inc. in the amount of $29,467.75 and authorized the Chairman to sign documents as approved by the County Attorney. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. PUBLIC WORKS Notice of Intent to establish Energy Conservation/Renewable Energy (ECRE) Municipal Service Benefit Unit (MSBU) Consider staff recommendation to approve authorization of Resolution number 10-018 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. It was moved by Com. Coward, seconded by Com. Craft to approve Resolution No. 10-018, and authorized the Chairman to sign the documents as prepared by the County Attorney, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS VIII. COUNTY ATTORNEY Request permission to vacate a portion of the Plat of Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31-35 Consider staff recommendation to approve Resolution No. 10-057 vacating certain 10 foot Drainage Easements lying between Lots 1, 2 and 3 of Airport West Commerce Park Phase 1 as recorded in Plat Book 60, Pages 31-35 of the Public Records of St. Lucie County, Florida. Com. Craft requested staff work re -naming the area. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No.10-057, and; upon roll call, motion carried unanimously. IX. HUMAN RESOURCES Amendment to Employee Handbook The Human Resource Director advised the Board of the amendment to the Employee Handbook where it will provide the definition of a Senior Level Employee as follows: 2.02 Staff Reduction Senior Level Employees- Division Managers, Assistant Directors, Directors and Assistant County Administrators are senior -level at will employees who serve at the discretion of the County Administrator and are not entitled to replace (bump) other County Employees when there is a staff reduction or reorganization. At the discretion of the County Administrator, senior level employees may be placed in another senior level position ore reclassified to or placed in a lower pay grade position. If a senior level employee is placed in a position at lower pay grade, a minimum pay reduction of 5% will be applied to the employee's current salary. The County Administrator shall have the authority to make the final determination as to positions which are senior level positions. In making the determination, the criteria shall include, but not limited to, the following: a. The position reports directly to a higher, senior level position b. The position has, or is eligible to have, signing authority as designated in the Purchasing Manual c. The position supervises employees and/or has primary responsibility for specific program (s) or service(s); d. The pay grade is within the range of other senior level employees; and/or e. The position is specifically designated as such by title. The remaining terms and conditions of Section 2.02 shall remain in full force and effect. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. 4 Addition: Com. Coward requested the Board ratify his appointment to the Affordable Housing Committee, Ms. Paula Hosein. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to ratify Com. Coward's appointment, and; upon roll call, motion carried unanimously. X. BOARD OF COUNTY COMMISSIONERS The Board of County Commissioner provided updates on the various Boards/Committees There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court CONSENT AGENDA ITEMS PAGE 1 02/26/10 FZABWARR FUND TITLE 001 001113 001164 001176 001180 001184 001188 001436 001442 001509 001510 001511 001512 001515 101 101002 101003 101004 101006 102 102001 102809 107 107001 107002 107003 107006 107161 107205 109 113 114 116 117 119 123 127 128 129 130 130102 136 138 140 140135 140306 140335 150 ST. LUCIE COUNTY - BOARD WARRANT LIST #22- 20-FEB-2010 TO 26-FEB-2010 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran USDOJ violence Against Women Grant FTA Section 5303 F/Y06 US Dept Housing HUD Shelter Plus Gr CDBG 07 Section 112/MPO/Fhwa/Planning 2007 INTACT Inspired Network to Achieve FCTD Planning Grant Agreement US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program FDCA EMPA FY10 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 -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Edward Byrne Mem JAG ARRA 2009 Juvenile Justice & Delinquency Prev Drug Abuse Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU FTA 5307-ARRA 2009 Capital Projects Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Airport Fund FAA Security Fencing & Runway 9L/27 DOT -New N. Entrance Port Ft. Pierce Parallel Runway Design-9L/27R Impact Fee Collections EXPENSES 201,796.00 9,056.20 4.81 86,308.56 104.88 472.92- 9, 860. 39 805.30 67.36 29.13 4,968.72 5,705. 15 1, 095.72 629.35 9,207.84 32,497.70 10, 181.14 5, 342. 96 600.00 16,330.52 23,941.90 1, 104.42 46,830.19 219.38 4, 004.16 11,363.46 22,942.74 2, 954.43 408.96 35.00 247.30 540.08 603.16 150.22 929.14 379.86 392.72 524.34 26,437.17 428.70 500.00 1, 837 .45 270.25 10,286.39 4,827.37 2,292.30 254.07 300.08 PAYROLL 1, 728.80 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 02/26/10 FZABWARA FUND TITLE 160 183 183004 184209 184211 185010 185011 189100 210 216 310001 310002 316 316001 318 396 397 398 401 418 451 458 461 471 478 479 491 505 505001 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #22- 20-FEB-2010 TO 26-FEB-2010 FUND SUMMARY Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court FDEP - Fort Pierce Shore Protection FDEP South SLC Beach Restoration FHFA SHIP 2008/2009 FHFA SHIP 2009/2010 Home Consortium Impact Fees I&S County Capital I&S Impact Fees -Library Impact Fees -Parks County Capital 5th Cent Fuel -Capital County Capital -Transportation Bond Lennard Road 1 - Roadway Capital Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL EXPENSES 1, 473.38 2,284.32 1, 064.72 17,024.46 39, 904.38 422.52 1, 523.33 328.11 12,716.34 17,183.64 1,211.48 113,196.30 565.00 72,799.65 522.71 164.15 144.75 143.37 67,780.42 23,690.67 10,535.63 2,715.28 40,825.91 7,264.23 259.46 291.71 6, 422.17 344,382.23 647.82 8,846.05 10.64 900.00 1, 356, 368. 88 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 1,728.80 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, 633.70 0.00 0.00 0.00 0.00 5, 091. 30 2 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-1 DATE: March 2, 2010 REGULAR[ ) PUBLIC HEARING Leg. [ ] Quasi -JD [ ) CONSENT [X I PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Harmony Heights Stormwater Improvements Alexandra Witt Merker — Parcel I.D. 1431-802-0023-000/6 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds will be made available in: Harmony Heights SLC Stormwater Imp. - Stormwater Management 102001-3725-561007-42507-Drainage Maintenance MSTU PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from the Estate of Alexandra Merker, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: [APPROVED [ ] DENIED [ ] OTHER Approved 5-0 [x] Asst. County Attorney: Heather Young [x] Originating Dept: JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Engineering: My- [x] Public Works:' Mike Powley Don West PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: March 2, 2010 SUBJECT: Contract for Sale and Purchase Harmony Heights Stormwater Improvements Alexandra Witt Merker - Parcel I.D. 1431-802-0023-000/6 BACKGROUND: St. Lucie County is planning to construct stormwater improvements to the Harmony Heights neighborhood. Inwood Consulting Engineers has designated the above -mentioned parcel as a potential priority A pond site. The County contacted Ms. Merker regarding the purchase of her property. Ms. Merker returned a willing seller form to County staff. Since then Ms. Merker passed, but her Estate is willing to proceed with her wishes, of selling the property to St. Lucie County, The County presented a Contract to her attorney in the amount of 10,500.00, which is 100% of the appraised value of her property according to Cnllaway & Price, Inc., the County's independent appraiser. Ms. Merker's property must go through probate in the State of Florida, which her attorney is now working on and we can close the transaction then. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from the Estate of Alexandra Merker, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Respectfully submitted, Ann Riley Property Acquisition Manager 0 w z z O IS 2 O E I H 1 11 � � H I IT T--1 L IE I I 11111d 1S.aNZb N—T I J H it 1S a N W Q O 0 W I cl -J I IT I I Ll 1S HI N < 1-1 11 TFM fl I -T LIT 1S H1SV N 1S H1Lb N H16V N MEIN 7 U O � a 4 r V U � 3 N � J S Dun Summary Report LAND APPRAISAL REPORT Rle No. 09-62181 �TyAddress XXX Grady Drive/14-31-802-0023-0006 Census Tract 9.02 LENDER DISCRETIONARY USE Ft. Pierce County St. Lucie State FL Zip Code 34946 Sale Price $ 1 Description Harmony Heights No 5 Blk B Lot 9 OR 235-165 Date erloccu am Merker, Alexandra Ma Reference 34-40-33 Mortgage Amount $ Price N/A Date of Sale N/A Property Rights Appraised Mortgage Type X Fee Simple Discount Points and Other Concessions charoeslconcessions to be aid b seller $ WA ❑ Taxes $ 136.90 Tax Year 2009 �HOAo. N/A ❑ Leashold Paid by Seller $ -__ _, ___ (—] Condominium(HUDNA) 2300 Virginia Avenue For, r-Prcc, I...— —1 l.. __.— 7)o„-1 1 ItE1G11-BORHOODANALYSIS roe Mv. — LOCATION LJ uroan J .,a .. . U-�— BUILT UP Over 75% X❑ 25-75% ❑ Under 25% Employment Stability 0 X LJ Li ❑ X Li C3 GROWTH RATE ❑ Rapid Stable X❑ slow Convenience to Employment ❑ 0 ❑ ❑ ❑ pROpERTY VALUES ❑ Increasing Stable ❑X Declining Convenience to Shopping ❑ E ❑ Cl DEMANDISUPPLY Shortage ❑ In Balance X Over supply Convenience to Schools Transportation ❑ X❑ ❑ ❑ MARKETING TIME Under 3 Mos 1X1 Over 6 Mos. Adequacy of Public ❑o❑❑ PRESENT LAND USE % LAND USE CHANGE PREDOMINANT SiNGLEFAMil_y 115NG Recreation Facilities ❑ ❑ ❑ ❑ ' Single Family 501 Not Likely ❑X OCCUPANCY PRICE AGE Adequacy of Facilities ❑ O ❑ ❑ 2.4 Family to- Likely ❑ Owner ❑X $(000) (ym) Property Compatibility Cond. ❑ Q ❑ ❑ ' Multi -Family 50 In process ❑ Tenant ❑ 60 Low New Protecction from Detrimental ❑ x ❑ ❑ Commercial 51 To, Vacant (0-5%) 160 High 30 Police & Fire Protection Properties ❑ ❑ ❑ Vacant (over 5%) ❑X Predominant General Appearance of Industrial 30 % N/A Vacant Land 60-80 15-20 eel ro Market X Vacant the neighborhood are not considered reliable appraisal factors. COMMENTS -The Subject neighborhood is Note: Race or the racial composition of be the area from Orange Avenue on the south, to St. Lucie Boulevard to the north, bordered b North 25th Street on the considered to east. and Keen Road on the west. Access to the Subject Neighborhood is considered go via Juanita Avenue. Proximi to employment, schools, and services is considered good. Overall a eal to the market is considered average. Topography Basically Level Dimensions 70 z 102 Comer Lot No Sae T ical for Area Site Area 7140 Sq Ft Zoning Classification RS-4, Residential Zoning Compliance Yes Shape Rectangular HIGHEST&BEST USE: Present Use Single FamilOther Use N/A Drainage AppearsAdequate UTILITIES Public Other SITE IMPROVEMENTS Type Public Private View Limited Canal View Asphalt ❑ Landscaping Typical D EleecStreet Gas as city GNone CurblGutter None ❑ ❑ Driveway None ❑ Apparent Easements None noted Water IX Sidewalk None Sewer Street Lights Pole Mounted X❑ ❑ FEMA Flood Hazard Yes' No No Sanitary U Alle None FEMA` Mao2one 1202850176 F Zone 'X' Storm Sewer None special assessments, slide areas, etc.): No adverse easements nor encroachments were noted Comments (Apparent adverse easements, encroachments, at the time of inspection. The undersigned has recited three recent sales of properties most slmiliar and proximate to subject and has considered these in the market analysis. The description includes a dollar these items at sig aific an vat i at i on between the subject and comparable properties. It a significant item in the comparable property is superior adjustment, reflecting market reaction to more favorable than, the subject property, a minus I-) adjustment is made, thus reducing the indicated value of subject', it a significant item lathe comparable is interior to, to, or or less favorable than, the subject property, a plus (+) adjustment is made, thus increasing the indicated value of the subject. ITEM SUBJECT COMPARABLE NO. 1 COMPARABLE NO.2 COMPARABLE NO.3 XXX Grady Drive XXX Grady Drive XXX 47th Street XXX 42nd Avenue Address Ft. Pierce Harmon Hei hts Blk H Lot 9 Harmon Heights Blk J Lot 3 Harmon Heights Blk 7 Lot 15 Proximity to Subject ' x ' ;§ N/A ems'" $ 8.00 _. $ 16,000 F. ,� _MMA $ 11,500 Sales Price Price/ SF $ $ m may` $ m .;s. . Public Records _. $ t.� $ Data Source Public Records Public Records VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION d-13Admmem DESCRIPTION +(-3Adhapma DESCRIPTION (-)srveitmmem Sales or Financing Conventional Conventional Conventional ; • Concessions N/A N/A 5/7/2008 -1,600 N/A 5/2/2008 3.200 N/A 12/18/2008 -2,300 • Date of5alelijme Location Suburban Suburban No Ad'. Suburban No Ad'. Suburban No Ad'. SrteNiew Limtd, Canal Limited Canal No Ad'. interior 800 Interior 575 Subdiv. Harmon Hei ht Harmon Hei hts Harmon Hei hts Harmony Heights Size 7,140 SF 5,720 SF 10,740 SF 17,755 SF Depth 102 Feet 104 Feet No Ad'. 179 Feet -3,850 141 Feet -1,950 Front Feet/Width 70 Feet 55 Feet 2,250 160 Feet 1,500 55 Feet 2,250 Net Ad. (total) *t X I + $ 65011 1 1 X - is 4,750 + X , $ 1,425 Indicated Value :Gro0 a �: 6 : p 0, D0" of5u6 Subject +a Ne :'-'D•0 $ B,650 fret_ DsO $ 11,250 'ffe $ 10.075 Comments of Sales Comparison: See Attached Addendum Comments and Conditions of Apprajsal: The appraisal is made 'As Is'. and is subject to the attached limiting conditions. Final Reconciliation: The SALES COMPARISON APPROACH best reflects the interactions of buyers and sellers in the open market lace, as such, it provides the best indication of value. Neither the COST APPROACH nor INCOME APPROACH were considered as the Subject Property is vacant land. MARKET VALUE, ASDEFINED, OFTHE SUBJECT PROPERTYASOF Noyember11, 2009 tobe$ 10,500 I(WE)ESTMATETFE 1 (We) certify that to the best of my (our) knowledge and belief, the facts and data used herein are true and correct; that I (we) personally inspected the subject property and inspected all comparable sales cited in this report; and that I (we) have no undisclosed interest, present or prospective therein. • / ^1 X❑ Did ❑ Did Not Appraiser(s) �_ Review Appraiser (if applicable) HarrvD Gra SRA. MAI Inspect Property voprtnay Lard Form ouBB Pwo,co us.q Ara mrxxve. mD.zu.rrzt .awaawamm Callaway & Price, Inc. PROJECT NAME: Harmony Heights Stonmwater Project PARCEL: Alexandra Witt Merker-Parcel # 1431-802-0023-000/6 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2010, Estate of Alexandra Merker, whose mailing address is clo.John L. Weichsel, Attorney, 79 Main Street, Hackensack, NJ 07601 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain -parcel or parcels of-re-atpropertyiocated-ifvthe-County-of St -Lucie, -Florida, -being -more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price Ten Thousand Five Hundred and 001100 Dollars, determined to be the total of the following: ($10,500.00) Real Property 1431-802-0023-000/6 $10,500.00 Other Improvements upon the Land (described, if any) N/A Other (describe) N/A payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing This contract is contingent on St. Lucie County purchasing and closing on Lot 10, Lot 11,Lot 12, and Lot 13, Block B, Harmony Heights No 5. (Same Owner) 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that _SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 2 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No -Lien Affidavit as to realty. Harmony Heights MSBU must be paid in full by seller. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be March 31.2010 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNErS FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall 2 have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject 5 property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. n 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. seals. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and EXECUTED by SELLER this day of2010. ESTATE OF ALEXANDRA Witness MI HAEL R. Werner, Esq. Executor 9-C'LA-A� — Witness STATE OF N I 1 COUNTY OF ) The foregoing instrument was acknowledged before me this O( day of 2010, by Michael R. Werner, Esa Executor for the Estate of Alexandra Merker who is personally known to me or who has produced a drivers license issued within the last five years as identification. Notari Public My Commission Expires i O, ANGNES ANDROwIS (p nted, Typed or Stamped Notary Public N me of Notary Public) State of New Jersey A* Cornmiuion hpires May 7,:,' EXECUTED by PURCHASER this day of , 2010 ATTEST: DEPUTY CLERK BY. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney 8 EXHIBIT "A" LOT 9, Block B, Harmony Heights, Addition FIVE, according to the Plat thereof, as recorded in Plat Book 10, at Page 34, of the Public Records of St. Lucie County, Florida. Z EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES 10 EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS 11 EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS ME 12 AGENDA REQUEST ITEM NO: VI-B-2 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement Sonzef LLC — Eric Mineau 140 NE Lobster Road River Park BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See Attached Memorandum N/A DATE: March 2, 2010 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [Xl PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Sonzef LLC to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVED [ ] OTHER Approved 5-0 [x] Asst. County Attorney: -*�— Heather Young [x] Originating Dept: JoAnn Riley CONCURRENCE: [ ]DENIED Faye W. Outlaw, MPA County Administrator Review and Approvals n ca [x] Road and Bridge: �vf ✓� [x] Public Works: V Don Pauley Don West [x] Engineering: %) f [ ] Purchasing: Mike Powley PROPERTYACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: March 2, 2010 SUBJECT: Revocable License Agreement 5onzef LLC - Eric Mineau 140 NE Lobster Road River Park BACKGROUND: Eric Mineau, Managing Member of 5onzef LLC requests permission to install a fence in the County's 10-foot Drainage and Utility Easement at the rear of his property and within the 6-foot Drainage and Utility Easement along the sides of his property in River Park. Staff has approved the Revocable License Agreement with the understanding if the encroachment causes any flooding or utilities need to be installed 5onzef LLC must move the fence at their own expense. Eric Mineau, Managing Member, has signed this Revocable License Agreement with this understanding. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct 5onzef LLC to record the document in the Public Records of St. Lucie County, Florida. Respectfully submitted, Cam. Ann Riley Property Acquisition Manager February 8, 2010 0� F�B Ms. Janet Licausi licausij(&sducieco.org (772) 462-1725 Dear Ms. Licausi: Per our conversation this morning, February 8, 2010, this is my written request for a fence at 140 NE Lobster Road, Port Saint Lucie, Florida 34983. I humbly request to be able to put my chain link fence, 4 feet high, on my property line. There are easements on the sides and the back and that is why I am requesting permission. Please find attached a copy of the survey that was just recently done. Please contact me as soon as possible at (561) 574-1445 and/or at bukiahCa)/rnsn.com so I may proceed with a fence (I have two dogs that really need it). Most sincerely, c. Eric Mineau 140 NE Lobster Road Port Saint Lucie, FL 34983 Mails ,Zl M -T IVId J0 Siivgn (cmdn000) .00-91- M ..os, It.68 S 3H0 3M0 3M 31M 3M0 3FO 3na .o t 0 0-A oa ZZ � O OZ xwm b' o' o' r�! 3na .o " � 3 z b: Oii Oi� Qp , iD i i 00 � 4 tD 313t1ON00 `` j CO O 'r .L'IZ ~ w} i O � o c� " fo, O O FMp rn�p ZW v - 0 Z , a 1y31 NY-ld 3Mo — 3na .o l tr O Y a Y ` W U C> m W ~ V U . tt.68 N d3 ' (souuoeg )o 8p8Dg) �1 .01'90 t ,00'9L 3 .0£. M68 N 9 l' t9t 4uowoADd .OZ (Aom—ja—}461H .09) d3 poo8 ae4sgol 3 N O U) O L- all Z w _N L] > p W h N O m � F WWWJ�2 ZZ, O ~ L t =ma or�c ` Wmgza�� do Ln o 0 3U3a��i c nnAnnnneni c> ^ mo U . W N 3 J Z IL, c C F Opp 0 Z W Ic Qia a0zyc ZW Yrr>- oz)-!oot2iWwzwif a Ir0t:�-WJpOF- We OW VIz5a3V WLIi nni n�nnlnnn ®®]8[O I �L)iwIj This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and SONZEF LLC, ERIC MINEAU, as Managing Member, whose address is 140 NE Lobster Road, Port St. Lucie FL 34983 (the "Owner"). WHEREAS, the Owner owns the property described as follows: River Park -Unit 9-Part "A" Block 73 Lot 10 according to Plat Book 14, at Pages 31 of the Public Records of St. Lucie County. WHEREAS, the County is the owner of the property described as: A 10 foot drainage/utility easement, lying in the rear of Lot 10, Block 73, River Park, Unit 9, Part A and a 6 foot drainage and utility easement along both sides of said parcel. WHEREAS, the Owner has requested a Revocable License Agreement for a 4 foot high chain link fence within the County's 10 foot drainage/utility easement at the rear of the property and a 4 foot high chain link fence within the 6 foot drainage/utility easement on the sides of the property. See Exhibit M WHEREAS, the County is willing to permit the Owner to encroach in the County's drainage/utility easement for the purpose of installing a fence subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: The County agrees to grant the Owner a Revocable License Agreement for the fence which will encroach within the County's drainage/utility easements. This Revocable License shall extend only to the referenced fence shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owner permission to install and maintain the fence in the County's drainage/utility easements. The owner agrees that if the County Engineer and/or Road and Bridge Division determine the fence is causing flooding or drainage problems or other needs in the area and needs to be removed or relocated the owner will do so at the Owners sole expense. 3. Pursuant to the terms and conditions contained in this, Agreement, the County authorizes the Owner to install the fence in the County's drainage/utility easements. 4. The Owner shall maintain the drainage easements along his fence in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida and Health Department Standards. The fence shall not interfere with County use of the easements and any damage to the County easements shall be repaired by Owner. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachments at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that the Owner perform certain alterations to the fence or the location of the fence, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the fence, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the fence and repair of the easements, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in affect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced fence, at any time and at no cost to the County, if necessary for the maintenance or improvements of drainage/utility easements by the County or Utilities Department. 10. The fence shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the fence for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, teiecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: Sonzef LLC Eric Mineau 260 NE Lobster Road Port St. Lucie, FL 34983 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor 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. 13. As consideration for the County granting this Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above fast written. ATTEST: DEPUTY CLERK WITNESS: Wi ess itness STATE OF FLORIDA COUNTY OF ST. LUCIE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY SONZEF LLC ll � L� ERIC MINEAU It's (Vt AAI The foregoing instrument was acknowledged before me this 154�- day of f'c-E ERIC MINEAU as Manager Member for SONZEF, LLC , who produced J identification) and who did take an oath. WITNESS my hand and official seal, this lStt-day of ( 2010. A I • `Q/Lt�' . 10, by My commission expires: Signature of Notary 43110,Ztm-T idld do siumn (03ld1oo0) .00.9L M w0£.1t.68 s 3M 3M 3H0 3M 3M 3M 3MD � � 4 3no of I 3no c W M 0 to O O O a 3 O M m -- b 0 Z SW n. oa zz D 0 OIr N1dM I 1 o' o' 1 o� I , UZ I m � O� O'W O D i Oi 00 W 0 d 'ni i �w' , 313MONOO I � '6 OIL ,r'6 w} iD C N }W O W Z 0 N LLJ _o J m W� C) .o£ w 0 aQ c ih a N PFFF44mop N31NVld � � } I W3 Ix 1 OIx I I V O 1 i .,0£. t-P.68 N d3I I , (s6uuoag ;o s!sDB) _ �I 01.. ,90 t .00, 9L 3 .0£. t. 69 N 4U*WOADd .OZ (ADIA—;O-}4618 C pOO?j a94sgO-1 3N 3HO — 3no ,O t W LE U Z w V) a V) LL. � o � w W O � U ws aVQ Jd tr '_a',zk'm'Q�apopa �coul5.�3a- Ow51MC n n A n n n n A n II �O,�paWUC V v } GG7 w 3 W 0 Z OFF O WZ =a a02o O Q w Y 0 m Ir Q �)- � zap, c }�►- QU O ZOJW� w — M (L EL m t:- - 9 OWWZ QO �OW0O 0wtaS!a CL3c WLL A A A A n A n A n n W I AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-3 Date: March 2, 2010 Regular [ ] Public Hearing[ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Fort Pierce FBO, L.L.C. - Sublease Agreement with Omnif light Helicopters, Inc. BACKGROUND: See C.A. No. 10-2010 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners consent to the proposed sublease agreement between Fort Pierce FBO, L.L.C., and Omnif light Helicopters, Inc. COMMISSION ACTION: 641 APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney'. Mgt. & Budget: Daniel 5�McIntyre Originating De Other Diana Lewis Finance (Check for Copy only, if applicable): Purchasing: Other : INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-2010 DATE: February 15, 2010 SUBJECT: Fort Pierce FBO, L.L.C. - Sublease Agreement with Omniflight Helicopters, Inc. BACKGROUND: Attached to this memorandum is a copy of a proposed sublease agreement between Fort Pierce FBO, L.L.C., formerly Volo Holdings Fort Pierce, L.L.C., and Omniflight Helicopters, Inc. for hangar and office space. The leased premises include living quarters for overnight stays by Omniflight personnel who must be on site to respond to requests for emergency flights. All use of the property will be subject to the terms and conditions of the master lease between the County and Fort Pierce FBO, L.L.C. The initial lease term will be for five (5) years subject to two (2) renewal options of three (3) years each. The proposed sublease will replace the December 15, 2009 sublease between Volo and Omniflight previously approved by the Board of County Commissioners. Staff has reviewed the proposed sublease, and it appears acceptable as to legal form and correctness. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners consent to the proposed sublease agreement between Fort Pierce FBO, L.L.C., and Omniflight Helicopters, Inc. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Airport Director 2982 Curtis King Blvd Fort Pierce, FL 34946 772-489-2285, 772-468-0252 NET LEASE Reference Page Tenant: Omniflight Helicopters, Inc., a Texas corporation Landlord: Fort Pierce FBO LLC, a Florida Limited Liability Company Tenant's Notice Address: Chief Financial Officer Omniflight Helicopters, Inc. 16415 Addison Road, Suite 400 Addison, Texas 75001-3263 Address of Premises: 3105 Airmans Drive, Ft. Pierce, Florida Rentable Area of Premises: As described on Exhibit A Commencement Date: Substantial Completion Date (as defined in Section 1) Termination Date: Five years following Commencement Date (subject to extension pursuant to Section 2) Monthly Net Rent: $3,157.00 plus the applicable Florida sales and use tax Net Rent Adjustment: Set forth in Section 3 Security Deposit $3,157.00 Effective Date: Jan 1, 2010 This Reference Page (herein so called) information is incorporated into and made a part of the Lease. The Lease includes Exhibit A (Site Plan), Exhibit B (Environmental Requirements), and Exhibit C (Improvements). THIS NET LEASE ("Lease") is made and entered into by and between Landlord and Tenant as of the Effective Date. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually covenant and agree as follows: 1. PREMISES AND USE. Tenant leases the "Premises" shown on Exhibit A and described on the Reference Page from Landlord. The Premises and the contiguous or related property described on Exhibit A to the Master Lease (defined below) which is managed jointly are referred to as the "Property" and are located at the St. Lucie County International Airport ("Airport"). The Premises shall be used and occupied solely for aircraft storage, maintenance, and repair, general office, administrative, and related uses customary in Tenant's business operations, and for the living quarters of Tenant's personnel in connection with Tenant's operations at the Premises, all in strict compliance with the Master Lease. Tenant shall not permit anything to unreasonably interfere with the rights of other tenants or injure, annoy or disturb them. Tenant shall not permit any waste or illegal act on the Premises. Tenant shall be financially responsible for its failure to observe any covenant or condition of this Article. Tenant shall not during the Term of this Lease enter into any commercial activity on the Airport that would in any form or manner compete with any of the following activities of Landlord on the Airport on the date of this Lease: the sale of aircraft fuels, rental of ground vehicles, sale of food or beverage, or rental of life gear. Additionally, Tenant shall not permit any entity to perform any activity on the Premises that in any form or manner competes with such commercial activities of Landlord on the date of this Lease or violates any rule on activity expressly prohibited by St. Lucie County. Without limiting any other term or provision hereof, Tenant covenants and agrees that except as expressly permitted in this Lease, at no time during the Term shall Tenant or any of its agents, employees, contractors, subcontractors, invitees, officers or directors be permitted to store, maintain, or operate any motor vehicle, recreational vehicle, boat, or any other personal property, including but not limited to spare parts for any such vehicles, in or upon the Premises without prior written consent of Landlord. Landlord shall make, to Tenant's reasonable satisfaction, those improvements to the Premises as set forth in Exhibit C, attached hereto and incorporated herein by reference ("Improvements"). The Improvements shall be constructed at Landlord's cost. Landlord shall use reasonable efforts to Substantially Complete the Improvements no later than December 1, 2009. For purposes of this Lease, "Substantially Complete" shall be defined as substantial completion of the Improvements in compliance with all applicable laws, codes, rules, regulations and ordinances, as evidenced by a certificate of occupancy (or temporary certificate of occupancy if the Improvements can be used for its intended purpose). The "Substantial Completion Date" shall be defined as the date the Improvements are Substantially Complete and Landlord has provided notice thereof to Tenant. Notwithstanding anything contained in this Lease or the Existing Lease (as defined below), Tenant shall have the right to continue its possession, occupancy, and use of the temporary office trailer currently located on the Premises until the Improvements are Substantially Complete and occupied by Tenant. 2. TERM a) Initial Term. The initial Term of this agreement shall be for a period of five (5) years, commencing on the Commencement Date, unless earlier terminated pursuant to this Agreement. b) Option to Terminate During Initial Term. Tenant shall have the right to terminate ("Early Termination Option") this Lease at anytime after the 36t' month of the Term (but not during an Extension Term (defined below)), provided (i) Tenant gives Landlord at least 60 days prior written notice of such election to terminate, and (ii) Tenant is not in Default (defined below) under this Lease on the date of such notice of the early Termination Date. c) Renewal Option. Tenant shall have the option ("Option") to extend the Term of this Lease for two (2) additional periods of three (3) years each (each an "Extension Term") on the same terms and conditions as set forth in this Lease (except for the Early Termination Option and Monthly Net Rent as addressed below). Tenant may exercise such option by giving Landlord written notice of such exercise not more than 365 days nor less than 180 days prior to the then applicable Termination Date of this Lease (time being of the essence). If Tenant fails to exercise its Option with respect to either Extension Term in strict accordance with the provisions hereof (or if Tenant fails to properly exercise is Option for the first three (3) year Extension Term), the Option shall be null, void and of no force or effect. Tenant shall no right to exercise the Option if Tenant is in Default under this Agreement either on the date of Tenant's written notice of election or on the first day of the applicable Extension Term. d) Rent Upon Renewal. For each Extension Term, the Monthly Net Rent shall be the fair market rental of the space at the time of renewal. In determining the new rent for any Extension Term(s), if Landlord and Tenant have not otherwise agreed upon the rental rate, Landlord shall, not later than ninety (90) days prior to the expiration of the initial Term, or any Extension Term, present to Tenant an appraisal prepared by a licensed appraiser familiar with comparable commercial properties in the same geographical area as the Premises and a member of MAI, SPRA, or NFA indicating the new "Market Rental Rate" for the Premises. The appraiser shall apply the following definition: "Market Rental Rate" shall mean the annual net rental rate for the Premises that Landlord could expect and a willing tenant not currently located on the Property would pay under a lease then being entered into for a space of comparable size, location and type for which the Market Rental Rate is being determined. In determining the Market Rental Rate for the Premises for the Extension Terms, the Premises shall be compared by the appraiser to other similar quality space in the same geographical area as the Premises. In determining Market Rental Rate for the Premises, the following shall be taken into consideration: use and/or location of the Premises within the Property, existing leasehold improvements, quality, and location, rental concessions, such as free rent, rent abatement or lease assumptions, that Landlord would otherwise be required to grant to a new tenant, any refurbishment allowance to be provided, the time the particular rate will become effective, costs that Landlord might be required to pay for a new tenant, (e.g., moving allowances, brokerage fees, architectural fees, legal fees and other economic concessions), the size and creditworthiness of Tenant, services provided by Landlord, and the nature of the uses of the Premises and the business of the tenant. The determination of Market Rental Rate shall also take into account the vacancy and occupancy rates in comparable properties in the same geographical area as the Premises and the availability of space in such comparable properties. Tenant may accept the appraisal as presented or may obtain an appraisal from an appraiser meeting the same requirements. If the two appraisers cannot reach agreement as to the Market Rental Rate for the applicable Extension Term, then the two appraisers shall select a third appraiser who shall then determine the Market Rental Rate for that Extension Term. This procedure shall be repeated for each successive Extension Term. The parties shall use their best efforts to complete this process within sixty (60) days, but not later than ninety (90) days, following the presentment of the first appraisal. Tenant shall continue to pay the same rental as the prior term until such process is complete, and within sixty (60) days thereafter, shall reimburse Landlord for any additional rent owed. In no event shall the Market Rental Rate for the applicable Extension Term be less than the Monthly Net Rent for the full calendar month immediately preceding the first day of the applicable Extension Term and the Monthly Net Rent increases during such Extension Terms shall not be less than 3 % per year. e) Termination of Existing Lease. Reference is hereby made to the Subground Lease Agreement with a commencement date of December 15, 2009 (the "Existing Lease"), by and between Tenant and Landlord. Upon the Commencement Date, the Existing Lease shall automatically terminate and be of no further force or effect, without the payment of any fee or other consideration by Tenant (other than Tenant's execution of this Lease), and Landlord and Tenant shall have no further rights, duties, liabilities, or obligations under the Existing Lease except as to those provisions that either expressly or by their nature survive termination of the Existing Lease. 3. RENT. a) Payment. Commencing on the Commencement Date, Tenant shall pay the "Monthly Net Rent" as set forth on the Reference Page, plus other sums due hereunder, if any ("Additional Rent"), together known as "Rent", on the first of each month. Rent and all additional charges shall be paid promptly when due to Landlord without offset, deduction, diminution, abatement, counterclaim or notice of any amount for any reason whatsoever, except as otherwise expressly provided herein. Rent shall be paid to following address: _2982 Curtis King Blvd, Fort Pierce. FL 34946 b) Late Fees. Each Rent payment not received within ten (10) calendar days from the applicable monthly due date shall bear a late charge of one and one-half (1.5) percent per month until paid. c) Annual Adjustment. Commencing on the first day of May 2011 and on the first day of each July thereafter during the Term, the Monthly Net Rent for the following one year period payable by Tenant hereunder (and the monthly installments thereof) shall be increased by the greater of (i) three percent (3%) and (ii) the percentage increase in the Consumer Price Index as determined in accordance with Section 15.03 of the Master Lease. d) Holdover. Tenant shall pay Landlord one hundred fifty percent (150%) of the total Monthly Net Rent then applicable for each month or portion thereof that Tenant shall retain possession of the Premises or any part thereof after the termination of this Lease, whether by lapse of time or otherwise, and shall also pay all direct, actual damages sustained by Landlord on account thereof. 4. SECURITY DEPOSIT. Tenant shall deposit with Landlord the Security Deposit to be held as security for the full and faithful performance by Tenant of its obligations hereunder. If Tenant shall Default (as defined below) with respect to any covenant or condition of this Lease, Landlord may apply the whole or part of such Security Deposit to the curing of such Default. If any portion of the Security Deposit is used by the Landlord, Tenant shall, within ten (10) days after a written demand by the Landlord, deposit such additional amounts as may be requested by Landlord and undisputed by Tenant to replenish the Security Deposit. Within thirty (30) days after the expiration of the Term, and subject to the provisions hereof, the balance of the Security Deposit shall be returned to Tenant. 5. SERVICES PROVIDED AND PERMITTED. (a) Movement of Aircraft. Tenant is responsible for the movement of its aircraft. (b) Aircraft Maintenance. Tenant shall be permitted to perform maintenance, repair or other servicing work exclusively to the aircraft on the Premises provided such work is accomplished by Tenant's regular employees, or other authorized personnel. Tenant shall be wholly responsible and liable for any acts, omissions, claims, damages, and expenses of any Tenant's employees or agents and any third party service provider utilized by the Tenant in connection with such maintenance, repair, or servicing work. During performance of all maintenance, Tenant shall use commercially reasonable efforts to prevent any leakage or spill, or any other environmental or unsafe condition to occur, to protect the floor, walls, and ceiling, and any aircraft nearby. (c) Fueling and Ancillary Services. Tenant agrees that, during the Term, it will purchase all of its fuel for its aircraft located at the Premises from Landlord. Landlord agrees to provide fuel at a discounted rate of Landlord's cost plus $35 per gallon ("Fuel Markup"). The Fuel Markup shall be increased on the same dates and in the same percentages as the increases in Monthly Net Rent pursuant to Section 3 c) above. Landlord may, at its option, furnish and/or perform ancillary services at the request of the Tenant at Landlord's prevailing rates or as otherwise negotiated between Landlord and Tenant. 6. REAL ESTATE TAXES. Commencing on the Commencement Date, Tenant shall pay its Proportionate Share of Real Estate Taxes and Insurance , which "Proportionate Share" is determined by dividing the square footage of the building footprint of the Premises by the total square footage of all building footprints on the Property and rounding the quotient to the next highest thousandth. (a) The term "Real Estate Taxes" means all ad valorem real estate taxes and assessments levied or assessed against the Property during the Tenn. Notwithstanding the foregoing, Real Estate Taxes shall not include: (i) any inheritance, estate, succession, transfer, gross receipts, revenue, margin, franchise, corporation, net income or profit tax or capital levy imposed upon Landlord or the Property; (ii) any special assessments which are levied or assessed by a special assessment district which is formed, directly or indirectly, by Landlord and/or others for the purpose of constructing or acquiring on -site or off -site improvements to or for the Property, or any portion thereof; (iii) any development costs, including but not limited to any traffic impact fees, billed by a governmental entity as part of ad valorem real estate taxes or assessments. The tern "Insurance" shall mean all insurance required to be provided by Landlord pursuant to Article 12 of this Lease. (b) Tenant shall be responsible for the payment of all taxes, assessments, license fees or other charges that may be levied or assessed during the Term of this Lease upon or against any personal property or equipment located within or upon the space which is owned by, leased to, or in the care, custody, and control of Tenant. (c) Tenant shall be responsible for all minimum required fire protection device costs, including annual inspection fees, monitoring costs, device maintenance, and device recharging, except to the extent otherwise required to be maintained by Landlord hereunder. Notwithstanding the foregoing, Tenant shall have no responsibility for installing, maintaining, or repairing any sprinkler system or other fire protection system, which shall remain the sole responsibility of Landlord. 7. ALTERATIONS. Any and all improvements or alterations ("Alterations") to the Premises by Tenant shall be subject to Section 18 of the Master Lease and all Alterations, other than nonstructural Alterations, over $5,000 in aggregate amount shall be subject to Landlord's prior written approval, which will not be unreasonably delayed, conditioned or denied. Tenant agrees to design and construct all Alterations in accordance with state and federal accessibility guidelines and provide Landlord with copies of all plans and specifications with respect to such Alterations. 8. REPAIR/MAINTENANCE. Tenant hereby accepts the Premises in its "as is" condition on the Commencement Date of this Lease and Landlord shall have no liability or obligation to make any alterations or improvements of any kind on or to the Premises other than the Improvements. By taking possession, Tenant accepts the Premises as being in good order and repair, and in the condition in which Landlord is obligated to deliver the Premises. Tenant covenants at all times and at its own cost and expense to repair and maintain the interior, nonstructural portions of the Premises in good order, condition, and repair, in compliance with all laws and regulations. Tenant shall also be responsible for routine maintenance of the following exterior portions of the Premises: light fixtures, landscaping, yard clean-up and debris removal. Tenant shall maintain the HVAC system pursuant to a maintenance contract, but shall not be responsible for repairs in excess of $1,000 or replacement beyond such maintenance contract (unless the need for such repair or replacement is caused by Tenant's failure to properly maintain the system pursuant to the maintenance contract). If Tenant refuses or neglects to make repairs and/or maintain the Premises, or any part thereof, as set forth in this section, Landlord shall have the right, upon giving Tenant reasonable notice of its election to do so, to make such repairs or perform such maintenance on behalf of and for the account of Tenant. In such event, such work shall be paid by the Tenant as Additional Rent due immediately upon receipt of the bill therefore. Notwithstanding the foregoing, Landlord, at its own cost and expense, shall be responsible for the maintenance, repair and replacement of the building structure, foundations, exterior building surfaces and paint, sprinkler mains, if any, roof, roof membranes, roof covering, load bearing walls, floors, slabs, yard (replacement only), plumbing system to the point of distribution within the Premises, electrical system to the point of distribution within the Premises, and utility lines and connections to the point of distribution within the Premises, unless such damage is caused by the negligence or misuse by Tenant (in which case Tenant shall be responsible for such maintenance, repair or replacement (as applicable)). Furthermore, Landlord shall be responsible for replacement and repair of the HVAC system to the extent not the obligation of Tenant hereunder and not caused by the negligence or misuse by Tenant. 9. LIENS. Tenant shall keep the Premises and Alterations free from liens created by, through, or under Tenant. If Tenant does not, within ten business days following written notice to Tenant from Landlord of the filing of a lien, cause the lien to be released, Landlord may cause it to be released by such means as it shall deem proper, including payment of the claim. Such sums advanced shall be considered Additional Rent and payable by Tenant upon demand from Landlord. 10. SUBLETTING. Except as otherwise provided in this section, Tenant shall not assign or pledge this Lease or sublet the Premises (each a "Transfer"), without the prior written consent of Landlord, not to be unreasonably withheld, conditioned, or delayed, and consent of the Master Ground Lessor if required under the Master Lease. In any case where Landlord shall consent to a Transfer, Tenant shall remain fully liable for the obligations of Tenant hereunder, including, without limitation, the obligation to pay the Rent. A transfer directly or indirectly of a controlling interest in Tenant (either in one transfer or a series of transfers) shall constitute an assignment hereunder. This provision shall not exclude Tenant from subletting space for month -to -month individual aircraft storage. Notwithstanding the foregoing, the following events shall not be considered a Transfer under this section: (i) a change in ownership of Tenant as a result of a merger, consolidation, reorganization, or joint venture; (ii) the sale, exchange, issuance, or other transfer of Tenant's stock on a national exchange or between Tenant's parent company, if any, and any subsidiary, affiliate, related entity, or other entity that controls, is controlled by, or is under common control with Tenant; or (iii) a collateral assignment of Tenant's interest in this Lease to a lender as security for any indebtedness of Tenant to the lender. Tenant shall not be required to obtain Landlord's consent to, and Landlord shall not have the right to delay, alter, or impede, any of the foregoing transactions or combinations thereof. 11. INDEMNIFICATION. (a) To the fullest extent permitted by applicable law, Tenant waives all claims against Landlord for damage to any property or injury to any person connected with Tenant, except to the extent arising from the negligence or willful misconduct of Landlord or its officers, directors, agents, contractors, subcontractors, invitees, or employees. Tenant shall hold Landlord harmless from, and defend Landlord against, all claims, liability or costs for property damage or personal injury when such damage or injury shall arise from, in part or in whole, (i) the wrongful act or neglect of Tenant or its officers, directors, agents, contractors, subcontractors, invitees, or employees, or (ii) Tenant's Default under this Lease beyond any applicable notice and cure period. Notwithstanding the foregoing, Tenant shall have no obligation to indemnify or defend Landlord to the extent such damage or injury is caused by or arises from the negligence or willful misconduct of Landlord. (b) Subject to Sections I IA above, Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements, arising from or related to any bodily injury, illness or death of any person occurring in, on or about the Premises when such damage, bodily injury, illness or death is caused by Landlord's negligence or willful misconduct. This Article I 1 shall survive the termination of this Lease. 12.INSURANCE. Landlord agrees to carry during the entire Term of this Lease, products/completed operations liability insurance in an amount of not less than $25,000,000. Landlord agrees to carry all risk property insurance (including Windstorm coverage) on the Premises. Tenant shall at all times continuously maintain (i) commercial general liability insurance with limits not less than $1 million per occurrence, written on an occurrence basis, which insures against claims for bodily injury, personal injury, and property damage based upon, involving or arising out of Tenant's use, occupancy or maintenance of the Premises and the Property; (ii) Worker's Compensation insurance for all personnel in statutory limits per mandate by State of Florida; (iii) business automobile liability insurance with limits not less than $1 million each accident covering owned, hired, and non -owned vehicles used by Tenant within Landlord's leasehold; and, (iv) Aircraft Insurance, if applicable, inclusive of aircraft liability, airport liability, contractual liability, independent contractor liability and Premises liability. Tenant agrees to increase auto liability amounts to County mandated $5 million minimum if operating on airport operations areas (AOA). In addition, all insurance Tenant shall maintain shall name Landlord and its affiliates, management company, ground owner and mortgagee as additional insureds (on a primary and noncontributory basis) and provide thirty days notice of cancellation. A certificate of insurance bearing endorsements that policies are in effect shall be delivered to Landlord prior to the Commencement Date. Not later than thirty (30) days prior to the date when other insurance coverage maintained in accordance with the terms of this Lease is scheduled to expire, Tenant shall provide evidence of renewals or replacement insurance, and shall maintain such insurance at the level set forth in this Lease throughout the term of this Lease. Upon request of Landlord acting reasonably, Tenant shall be obligated to increase the limits or change or obtain additional insurance. Tenant acknowledges that insurance limits and deductibles may increase due to requirements of St. Lucie County (Master Leasehold Landlord) and agrees to abide by such requirements. Further, the failure of Landlord to obtain certificates or other evidence of insurance from the Tenant shall not be deemed a waiver by Landlord. Non -conforming insurance shall not relieve Tenant of its obligation to provide the insurance specified herein. Nonfulfillment of the insurance conditions by Tenant hereunder (after expiration of the applicable notice and cure period) will constitute a material breach of this Lease and Landlord retains the right (after expiration of the applicable notice and cure period) to suspend this Lease until proper evidence of insurance is provided or, in the continued absence of such insurance evidence (after expiration of the applicable notice and cure period), terminate this Lease, in Landlord's sole discretion. 13. UTILITIES. Tenant shall pay, directly to the appropriate supplier before delinquency, all charges for all water, gas, heat, light, power, telephone, sewer, refuse disposal and other utilities and services supplied to the Premises, together with all taxes, assessments, surcharges and similar expenses relating to such utilities and services. If any such utilities or services are jointly metered with the Premises and another part of the Property (provided, however, that Landlord shall, at its own cost and expense, install or cause to be installed an individual meter for electricity to the Premises prior to the Commencement Date), Tenant shall pay as additional rent Tenant's Proportionate Share of the cost of such jointly metered utilities and services to Landlord within ten (10) business days after receipt of Landlord's written statement for such cost. If the quantity or kind of utilities or services furnished to any other tenant of the Property is excessive relative to the utilities and services consumed by tenants of the Property generally, such additional cost resulting from the excessive consumption shall not be included in the figure used to determine Tenant's Proportionate Share. Landlord shall not be in default under this Lease or be liable for any damage or loss directly or indirectly resulting from, nor shall the rent be abated or a constructive or other eviction be deemed to have occurred by reason of, any interruption of or failure to supply or delay in supplying any such utilities and services or any limitation, curtailment, rationing or restriction on use of water, electricity, gas or any resource or form of energy or other service serving the Premises or the Property, whether such results from mandatory restrictions or voluntary compliance with guidelines. Notwithstanding the foregoing, if any interruption of or failure to supply or delay in supplying any such utilities and services continues for a period of three consecutive business days, impairs Tenant's use of the Premises, and results or arises from the acts or omissions of Landlord, or its officers, directors, agents, contractors, subcontractors, or employees, then Tenant shall have the right to proportionately abate Rent to the extent Tenant's use of the Premises is impaired from the date of interruption or failure. In the event of utility "deregulation" Landlord shall choose the service provider. 14. SUBORDINATION. This Lease shall be subordinate to the Master Lease, subject to the Consent of Master Ground Lessor attached hereto. Landlord represents to Tenant that Merrill Lynch Capital Corporation ("Mortgage Holder") holds the only mortgage or deed of trust existing as of the Effective Date. Landlord shall make commercially reasonable efforts to procure and deliver to Tenant, simultaneously with Landlord's execution and delivery of this Lease, a subordination, non -disturbance and attornment agreement ("SNDA") from Mortgage Holder. Such SNDA shall be of form and substance reasonably satisfactory to Tenant. Landlord agrees, with respect to any mortgages or deeds of trust affecting or encumbering all or any portion of the Premises after the Effective Date, to use commercially reasonable efforts to obtain from the applicable mortgage or deed of trust holder an SNDA on a form reasonably acceptable to the holder, providing generally that the mortgagee, trustee, or any purchaser at the foreclosure of the mortgage or deed of trust will not disturb Tenant's possession of the Premises (provided there is no Default hereunder) and that Tenant will attorn to such mortgagee, trustee, or purchaser at foreclosure as Landlord under the terms and conditions of this Lease upon receiving written notice that such party has succeeded to the interest of Landlord under this Lease. In the event of attornment by Tenant, the ground owner or mortgagee shall not be (a) liable for any act or omission of Landlord; or (b) subject to any offsets or defenses Tenant has against Landlord; or (c) bound by prepayment of more than one month's Rent; or (d) be required to account for any security deposit not actually delivered to such ground owner or mortgagee; or (e) bound by any modification of this Lease not approved by it. Tenant shall execute an SNDA upon ten business days notice, provided that such agreement is of form and substance reasonably acceptable to Tenant. 15. RULES. Tenant shall comply with the Environmental Requirements attached as Exhibit "B" and all rules and regulations promulgated by Landlord from time -to -time provided such rules and regulations (a) are applied in a non-discriminatory manner, (b) do not impose a material cost on Tenant, and (c) do not unreasonably interfere with Tenant's conduct of its business or Tenant's use and enjoyment of the Premises. Tenant shall install signs or lettering and advertising in compliance with governmental regulations and Property standards after obtaining Landlord's written consent, which shall not be unreasonably withheld. 16. ACCESS & REENTRY. Tenant shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, subject to the Airport's reasonable security measures. Tenant shall also have the right, at its option and at its sole expense, with Landlord's prior written consent to install additional security systems in the Premises as Tenant may deem necessary. Upon 24 hours prior notice to Tenant, Landlord may reenter the Premises as reasonably necessary to inspect, provide services, alter or repair the Property; provided, however, that all such entries, repairs, or alterations shall be completed promptly in a good and workmanlike manner so as to cause the least practical interference to Tenant's business and Tenant's use of the Premises. If Landlord's entry materially and substantially interferes with the conduct of Tenant's business and/or causes damage to Tenant's property (and the entry is not needed because of Tenant's negligence or willful misconduct), then, in such event, the Rent shall abate in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant's property. 17. DEFAULT. If Tenant shall default (each a "Default") (a) in the payment of Rent for a period of 5 business days after written notice from Landlord; or (b) in the observance of any applicable ordinance, law or regulation or any term, covenant or condition of this Lease and fail to remedy, or commence to remedy (and diligently pursue until completion) such default within thirty days after written notice from Landlord; or (c) in subletting or assigning this Lease in violation of Section 10 above; then, Landlord may give Tenant the statutorily required notice of Lease termination, if any, and Tenant shall remain liable for damages and Rent due hereunder. If Tenant Defaults two times in any six-month period, Landlord may serve notice of lease termination without giving Tenant an opportunity to cure such default. Landlord's failure to enforce one or more of its rights under this Lease, in the law, or in equity, shall not be construed as a waiver or limitation of Landlord's ability to subsequently enforce any of its rights. Upon the appointment of a receiver or an assignment of assets for the benefit of creditors, or action taken by Tenant under any bankruptcy or other debtor relief act, this Lease shall automatically terminate without notice. In the event of Landlord's failure to perform any of Landlord's obligations under this Lease following thirty (30) days prior written notice (or if such obligation cannot be reasonably completed within said 30 day period, Landlord fails to commence performance of such obligation within the thirty day period and diligently pursue to completion), Tenant shall have the right to perform such obligation and Landlord shall reimburse Tenant for its reasonable costs and expenses in connection therewith within thirty (30) days after Tenant's delivery to Landlord of an invoice therefore, failing which Tenant may declare Landlord in default under this Lease and pursue those rights and remedies as provided under applicable law. 18. REMEDIES. If this Lease shall terminate due to a default by Tenant, then Tenant shall pay all Rent until termination and, as damages, any deficiency between the future Rent herein and the rent collected under any re -letting, net of all expenses. Landlord may elect not to terminate this Lease but to (i) recover the Rent as the same becomes due or, in advance, the present value of the future Rent and/or (ii) cure the default of Tenant and recover from Tenant the cost of such cure plus interest at the rate of two percent (2%) per month until paid. After default Landlord may reenter the Premises, dispossess Tenant from the Premises and remove all property without releasing Tenant from any obligation, including payment of Rent. Tenant waives all rights to file claims for damages resulting from such reentry and expulsion, or to reenter or repossess the Premises, after Tenant shall have been dispossessed by any judgement. Notwithstanding anything set forth in this Lease to the contrary, except as otherwise provided herein, neither party shall be liable to the other for any special, punitive, or consequential damages. 19. QUIET ENJOYMENT Landlord warrants that it has the authority to enter into this Lease and that Tenant, while paying Rent and performing its other covenants obligations, and agreements hereunder, shall peaceably and quietly have, hold and enjoy the Premises throughout the Terms without any manner of hindrance from Landlord or anyone claiming under Landlord, subject, however, to all terms and provisions hereof. 20. TENANT'S RESPONSIBILITY FOR CONDUCT. Tenant will obtain for its employees and will require them to display proper identification in accordance with prevailing Airport regulations for all areas of the Airport where required. All costs incurred in obtaining such required identification badge authorizations or endorsements and any charges, fines, or other costs imposed upon Landlord for failure of the Tenant or its employees to obtain or display such identification, including the replacement of lost badges, shall be paid by and borne solely by Tenant. Tenant shall indemnify, defend and hold harmless Landlord and its officers, directors, agents, tenants, customers, contractors, subcontractors, invitees, and employees from and against any and all fines, penalties, damages or legal actions which may be imposed by the Airport, United States Customs service or any other agency having jurisdiction at or on the Airport as a result of Tenant's or its officers, directors, agents, contractors, subcontractors, invitees, or employees failure to comply with or adhere to any and all federal, state, local or Airport regulations in effect as of the Effective Date of this Agreement or promulgated thereafter. 21. CASUALTY. If the Premises or access thereto shall, at any time during the Term hereby created or any renewal thereof, be so badly damaged or destroyed by reason of any cause that, in the opinion of the Landlord's architect, cannot be repaired or rebuilt within one hundred and eighty (180) days from the date of such casualty, then this Lease may be terminated and ended by either party by a notice in writing to the other mailed within thirty (30) days after the giving of the opinion of the Landlord's architect as aforesaid; provided, however, that, in the event notice of termination is given pursuant to this clause, the Rent and any other payments for which the Tenant is liable under this Lease shall be apportioned and paid to the date of such damage or destruction and the Tenant shall deliver up possession of the Premises to the Landlord thirty (30) days after the notice of termination. If damage or destruction to the Premises is, in the opinion of the Landlord's architect, capable of being repaired or rebuilt within one hundred and eighty (180) days from the date of such casualty, or if neither Landlord nor Tenant terminates this Lease pursuant to the preceding sentence, then (i) Landlord shall commence such repair and rebuilding as soon as practicable and proceed with reasonable promptness to complete such repair and rebuilding within such one hundred eighty (180) day period (subject to delays for causes beyond Landlord's reasonable control such as delays due to issuance of building permits or obtaining of insurance proceeds, provided Landlord diligently pursues the same) and notify Tenant in writing that it will be doing so, such notice to be mailed within thirty (30) days from the date of such damage or destruction, and (ii) the Monthly Net Rent and Additional Rent shall, according to the nature and extent of the damage or destruction, abate until the Premises shall have been rebuilt and made fit for the purposes of the Tenant. If Landlord fails to deliver to Tenant notice of whether the damage can be repaired within the applicable thirty (30) day period, or if Landlord has elected to repair and the repair is not completed within one hundred eighty (180) days from the date of such event (subject to delays for causes beyond Landlord's reasonable control such as delays due to issuance of building permits or obtaining of insurance proceeds, provided Landlord diligently pursues the same; provided, however, in no event shall such delays collectively extend such one hundred eighty (180) day period by more than thirty (30) extra days), then Tenant shall have the further option, at any time thereafter until such time as Landlord tenders the notice or completes the repair (as applicable), effective upon written notice to Landlord, to terminate this Lease as of the date of such notice. Landlord shall not repair or replace Tenant's property. The provisions of this section shall be subject and subordinate to the applicable provisions of the Master Lease. 22. EMINENT DOMAIN. If possession of any material part of the Premises shall be taken under the power of eminent domain, or conveyance in lieu thereof, either party may terminate this Lease within thirty days of such taking, and in that case, Tenant shall not be liable for any Rent after the date of such termination. If neither party elects to terminate this Lease, then this Lease shall remain in effect as to the portion not taken and the Monthly Net Rent shall be reduced in proportion to the portion of the Premises taken. Landlord shall be entitled to any award and Tenant hereby waives any interest it may have in such award. Tenant may claim dislocation damages if such amount is not subtracted from Landlord's award. 23. SALE BY LANDLORD. If Landlord's interest in the Property is sold, Landlord shall transfer the balance of the Security Deposit to the Landlord's successor and, provided that the transferee assumes and agrees to carry out all of the obligations of Landlord hereunder, be released from any future liability under this Lease accruing from and after the date of the transfer of Landlord's interest and Tenant shall look solely to Landlord's successor. Except as set forth in this Article, this Lease shall not be affected by any such sale. 24. ESTOPPEL CERTIFICATES. Within ten days of request, either party hereto shall deliver to the other party a statement certifying (a) the Termination Date; (b) that this Lease is unmodified except as specified; (c) the date to which Rent has been paid; (d) that there are no defaults hereunder except as specified; and (e) financial, environmental and other information as reasonably requested. 25. FINANCIAL INFORMATION. Intentionally Omitted. 26. SURRENDER OF PREMISES. Upon the expiration or earlier termination of this Lease, Tenant will deliver to Landlord possession of the Premises and Alterations in their current, broom clean condition and free of debris and damage (casualty and condemnation and ordinary wear and tear excepted), and title to all Alterations shall automatically vest in Landlord. 27. NOTICES. Notices shall be sent by hand delivery, overnight courier, Certified Mail, or by fax with a confirmation of delivery followed by a copy sent by regular mail, using the addresses set forth on the Reference Page, and shall be deemed given upon delivery or refusal of delivery. 28. FORCE MAJEURE. Landlord and Tenant shall be excused for any delay and shall not be in default with respect to the performance of any of the terms or conditions of this Lease when prevented from so doing by a cause beyond their control. This Article shall not apply to the timely payment of Rent. 29. DEFINED TERMS AND MISCELLANEOUS. The headings herein are for convenience and in no way describe the scope or intent of any Article. Any indemnification or insurance of Landlord shall include Landlord's lenders, trustees, directors, beneficiaries, shareholders, agents, affiliates, employees and ground owner. If any one of the provisions herein is judged unenforceable, all other provisions shall remain in full force and effect. Time is of the essence for this Lease and all of its provisions. This Lease has been freely negotiated between the parties and in any controversy over the interpretation of anything contained herein, there shall be no presumption or conclusion drawn against either party by virtue of that party having drafted that section of the Lease. Tenant shall look solely to Landlord's equity in the Property for satisfaction of any judgements or awards. This Lease supersedes any previous understanding or agreement of the parties and may not be modified except in writing. 30. WAIVER OF JURY TRUL. Landlord and Tenant hereby waive trial by jury in any proceeding brought against each other. Any legal proceedings shall be governed by the laws of the State in which the Property is located and tried in the court system in such state. 31. NONRESPONSIBILITY OF LANDLORD. Except as expressly provided herein, there shall be no abatement from or reduction of the Rent due hereunder regardless of the reason or cause. Tenant shall not be entitled to damages, costs, losses or disbursements from Landlord regardless of the cause or reason therefore, unless expressly provided for in this Lease or caused by or resulting from the gross negligence or willful misconduct of Landlord. Except to the extent caused by or resulting from the gross negligence or willful misconduct of Landlord or as expressly provided for in this Lease, Tenant shall have no claim of any nature whatsoever against Landlord, no abatement or reduction of rent, and no recovery by Tenant from Landlord on account of partial or total failure of, or damage caused by (a) lessening of supply of, or stoppage of, heat, air-conditioning, electric light, power, water, plumbing, sewerage, elevators, or any other service, (b) any damage or annoyance occasioned by water, snow, or ice being upon or coming through the roof, skylight, trapdoors, windows, or otherwise, (c) any defect or break in any pipes, tanks, fixtures, or otherwise whereby steam, water, snow, smoke or gas, leak, issue or flow into the Premises, (d) any damage or annoyance occasioned by the condition or arrangements of any electric or other wiring, (e) any damage or annoyance arising from any acts, omissions, or negligence of co -Tenants or other occupants of the Property, or of owners or occupants of adjacent or contiguous property, or (f) the making of major repairs, alterations, repairs, improvements, or structural changes to the Property, or any thing or service therein or thereon or contiguous thereto provided the same shall be made with reasonable expedition. 32. MASTER LEASE. Tenant is cognizant of the fact that Landlord's interest in the Property (including the Premises) is created by the Amended and Restated Lease Agreement dated October 10, 2000 ("Master Lease") between Landlord and St. Lucie County, Florida ("Master Ground Lessor") and that the Consent of Master Ground Lessor attached hereto is a condition precedent to the validity of this Lease. If Master Ground Lessor has not executed and delivered the Consent of Master Ground Lessor attached hereto within sixty (60) days of the Effective Date of this Lease, either party may elect to terminate this Lease by written notice provided to the other at any time before the execution and delivery of the Consent of Master Ground Lessor. Landlord shall not require the consent of Tenant to amend the Master Lease, Tenant waiving hereby any right it may have to give any such consent or consents. Notwithstanding the foregoing, Landlord covenants that Landlord shall not (i) voluntarily terminate the Master Lease prior to the Termination Date, without Tenant's prior written consent, or (ii) voluntarily modify the Master Lease so as to deprive Tenant of any material rights under this Lease or to impose any increased material obligation on Tenant, without Tenant's prior written consent. 33. SECURITY. Tenant, and its employees, invitees, guests, and contractors must abide by those security regulations, policies and procedures (applicable at any time during the Term) ("Security Policies and Procedures") of the Airport, Federal Aviation Administration, the Transportation Security Administration, or any other applicable governmental or regulatory body, promulgated from time -to -time. 34. LANDLORD'S REPRESENTATIONS. Landlord to its actual knowledge hereby represents and warrants to Tenant that: (a) the Master Lease is in full force and effect; (b) neither Master Ground Lessor nor Landlord is in default under any of the terms, covenants, or provisions of the Master Lease; (c) no event has occurred and no condition exists which, with the passage of time or the giving of notice or both, would constitute a default by Master Ground Lessor or Landlord under the Master Lease; (d) subject to the Consent of Master Ground Lessor, there are no easements, covenants, conditions, restrictions, rights -of -way, governmental rules, statutes, ordinances, moratoria, policies, or plans which would prohibit or interfere with Tenant's use of the Premises as permitted by this Lease; and (e) the Master Lease has not been assigned, modified, or amended in any manner, except as follows: Assignment and Assumption of Ground Lease dated May 16, 2007, by and between B&E Houck Enterprises, Inc., as assignor, and Landlord, as assignee; First Amendment to Amended and Restated Lease Agreement dated September 12, 2006, by and between Master Ground Lessor and B&E Houck Enterprises, Inc. IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date. Landlord: Fort Pierce FBO, LLC, a Florida limited liability company By: , Its: -dluqZK�- Tenant: Omniflight Helicopters, Inc., a Texas corporation By: '�f k��' Name: Oe RA-Y Gtl Its: CONSENT OF MASTER GROUND LESSOR Master Ground Lessor hereby consents to this Lease and all terms and provisions hereof and represents to Landlord and Tenant that to Master Ground Lessor's actual knowledge (a) the Master Lease is in full force and effect; (b) neither Master Ground Lessor nor Landlord is in default under any of the terms, covenants, or provisions of the Master Lease; (c) no event has occurred and no condition exists which, with the passage of time or the giving of notice or both, would constitute a default by Master Ground Lessor or Landlord under the Master Lease; (d) the parry executing this Consent on behalf of Master Ground Lessor has the authority to consent to this Lease; and (e) the Master Lease has not been assigned, modified, or amended in any manner, except as follows: Assignment and Assumption of Ground Lease dated , 2010,by and between Master Ground Lessor and Volo Holdings, LLC; Assignment and Assumption of Ground Lease dated May 16, 2007, by and between B&E Houck Enterprises, Inc., as assignor, and Landlord, as assignee; First Amendment to Amended and Restated Lease Agreement dated September 12, 2006, by and between Master Ground Lessor and B&E Houck Enterprises, Inc. Master Ground Lessor recognizes this Lease and agrees that (i) neither Tenant's right of possession to the Premises nor Tenant's rights under this Lease shall be affected or disturbed by Master Ground Lessor, and (ii) Tenant shall not be deprived of its rights under this Lease for any reason so long as no event has occurred and then continues to exist for such period of time (after any notice required by this Lease) as would entitle Landlord to terminate this Lease. IN WITNESS WHEREOF, Master Ground Lessor has executed this Consent as of this day of , 2010. Master Ground Lessor: St. Lucie County, Florida By: Name: Its: EXHIBIT A PREMISES CONC EXHIBIT B ENVIRONMENTAL REQUIREMENTS Tenant shall operate its business on the Property and maintain the Premises (for purposes of this Exhibit Premises includes any improvements thereon, including without limitation any above -ground fuel storage tanks) in compliance with all federal, state and local laws, regulations, and requirements relating to the discharge of Hazardous Substances and to the protection of public health or the environment ("Environmental Laws"). The term "Hazardous Substances" means all hazardous or toxic substances, materials or wastes identified as "hazardous substances" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time ("CERCLA"); any oil or petroleum products; asbestos and PCBs. If Tenant uses propane -fueled forklift trucks, it shall monitor air quality, as required under, and to ensure compliance with, all applicable Environmental Laws. Tenant shall give Landlord prompt written notice of any written instituted or threatened action, proceeding or claim alleging a violation of, or obligation under, Environmental Laws at or affecting the Property. Tenant shall also give Landlord prompt written notice of Tenant's knowledge of any condition or occurrence at the Property that constitutes a violation of Environmental Laws or requires a removal action or remediation under Environmental Laws. Within ten (10) days of request, Tenant shall execute and deliver to Landlord or any prospective landlord or mortgagee, a statement certifying: (1) the estimated amount and type of Hazardous Substances then in use, or to the extent of Tenant's knowledge, previously used, by Tenant at the Property except for those Hazardous Substances used in the regular course of Tenant's business and in compliance with Environmental Laws; (2) that Tenant has obtained and maintained in full force and effect all material permits and approvals required under Environmental Laws for the conduct of Tenant's business at the Property (along with copies of those permits and approvals); and (3) that Tenant has no notice or knowledge of the presence of Hazardous Substances on the Property in violation of Environmental Laws. Landlord (and any potential landlords and mortgagees) are limited to a total of two (2) such requests per year for the Term of this Lease unless otherwise allowed by Tenant. If Tenant breaches its obligations under this Article, or if the presence of Hazardous Substances on the Property caused or permitted by Tenant results in contamination of the Property in violation of Environmental Laws, or if contamination of the Property by Hazardous Substances otherwise occurs for which Tenant is legally responsible, then Tenant shall indemnify, defend and hold Landlord, its officers, directors, shareholders, employees and trustees or its agents harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitations sums paid in settlement or defense of claims, attorneys' fees, consultant fees and expert fees) that arise before or after the Lease termination as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitations, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local government agency or political subdivision or private party. Without limiting the foregoing, if the presence of any Hazardous Substances on the Property caused or permitted by Tenant results in any contamination of the Property in the violation of, or obligation under, Environmental Laws, Tenant, at its sole expense, shall promptly take all actions necessary to return the Property to the condition necessary to achieve compliance with Environmental Laws. Landlord shall not cause or intentionally allow the presence of Hazardous Substances in, on or under the Premises that would be in violation or create an obligation under Environmental Laws. Landlord agrees to indemnify, defend and hold Tenant, its officers, directors, partners, shareholders, employees and agents harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses which arise from the presence of Hazardous Substances in, on or under the Premises if caused or intentionally permitted by Landlord, its employees, agents or contractors. This indemnification of Tenant by Landlord includes, without limitation, costs in connection with any investigation of site condition on any cleanup, remedial, removal or restoration work required under Environmental Laws. The foregoing indemnity and obligations shall survive the expiration or earlier termination of this Lease. Landlord and its agents shall have the right, but not the duty, to inspect the Property, with reasonable notice and without interfering with Tenant's business, at any time to determine whether Tenant is complying with the terms of this Lease. THE INDEMNITY OBLIGATIONS ABOVE ARE INTENDED TO ALLOCATE RESPONSIBILITY FOR STATUTORY AND COMMON LAW NEGLIGENCE AND STRICT LIABILITY CLAIMS, AS WELL AS NEGLIGENCE, STRICT LIABILITY, AND ALL OTHER CLAIMS ARISING UNDER ENVIRONMENTAL LAWS, INCLUDING CERCLA AND OTHER ANALOGOUS STATUTES. U AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-4 DATE: March 2, 2010 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 10-080 - Opposing Senate Bill 1216 and House Bill 1227 - Relating to Children's Services BACKGROUND: See attached memo CA-10-0246 RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-080 opposing Senate Bill 1216 and House Bill 1227 as drafted. COMMISSION ACTION: CONCURRENCE: ACj APPROVED [ ] DENIED [ ] OTHER: - Approved 5-0 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: 10-0246 DATE: March 2, 2010 SUBJECT: Resolution No. 10-080 - Opposing Senate Bill 1216 and House Bill 1227 - Relating to Children's Services BACKGROUND: The Florida Legislature has begun debate on Senate Bill 1216 and House Bill 1227, which if passed, would require the Countyto take public testimony on the council's tentative budget and proposed millage rate. The bills would also require the electors of the County to periodically vote on whetherto retain or dissolve a council on children's services. The bills unnecessarily add a layer of government to the council budget process by requiring county commission approval. They provide no safeguards for Children's Service Council funds to be used for their original purpose - prevention and early intervention services for children and families. A copy of Senate Bill 1216 is attached. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Resolution No. 10-080 opposing Senate Bill 1216 and House Bill 1227 as drafted. Respectfully subm DSM/cb Attachment Daniel S. Mcl County Attor VI--(3-y 3/2%10 RESOLUTION NO.10-080 REVISED A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, URGING THE FLORIDA LEGISLATURE TO OPPOSE SENATE BILL 1216 AND HOUSE BILL 1227 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Children's Services Councils were created to bring together elected officials and citizens appointed by the governor to make decisions on behalf of vulnerable children and their families. 2. The enabling Florida Statute was designed to create an independent organization approved by the County Commission and by the County's voters, whose mission was to enhance the lives of the county's children without distractions of the political process and the priorities of government. In St. Lucie County, County voters approved the creation of a Children's Services Council at the October 2, 1990 election. The voters also approved the levying of an ad valorem tax each year not to exceed .5 mills. 3. Children's Services Council processes are open to voters through public meetings and hearings. Council members are accountable to voters through local elections and to the governor through appointment. 4. Senate Bill 1216 and the companion House Bill 1227 unnecessarily add a layer of government to the council budget process by requiring county commission approval. The bills provide no safeguards for Children's Service Council funds to be used for their original purpose - prevention and early intervention services for children and families. 5. Senate Bill 1216 and House Bill 1227 also require that county commissioners vote to retain or dissolve the council every eight years. The language to accomplish this already exists. If an issue arises with the council, the current statute allows commissioners to reconsider the existence of the council at any time. 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 urges the Florida Legislature to oppose Senate Bill 1216 (SB 1216) and House Bill 1227 (HB 1227). Section 3: The County Administrator is hereby directed to send a copy of this resolution to Governor Charlie Crist, the County's Legislative Delegation and the Executive Director of the Florida Association of Counties. Section 4: This Resolution shall take effect upon its adoption. PASSED AND DULY ADOPTED this 2nd day of March, 2010. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney RESOLUTION NO.10-080 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, URGING THE FLORIDA LEGISLATURE TO OPPOSE SENATE BILL 1216 AND HOUSE BILL 1227 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Children's Services Councils were created to bring together elected officials and citizens appointed by the governor to make decisions on behalf of vulnerable children and their families. 2. The enabling Florida Statute was designed to create an independent organization approval by the County Commission and by the County's voters, whose mission was to enhance the lives of the county's children without distractions of the political process and the priorities of government. In St. Lucie County, County voters approved the creation of a Children's Services Council at the October 2, 1990 election. The voters also approved the levying of an ad valorem tax each year not to exceed .5 mills. 3. Children's Services Council processes are open to voters through public meetings and hearings. Council members are accountable to voters through local elections and to the governor through appointment. 4. Senate Bill 1216 and the companion House Bill 1227 unnecessarily add a layer of government to the council budget process by requiring county commission approval. The bills provide no safeguards for Children's Service Council funds to be used for their original purpose - prevention and early intervention services for children and families. 5. Senate Bill 1216 and House Bill 1227 also require that county commissioners vote to retain or dissolve the council every eight years. The language to accomplish this already exists. If an issue arises with the council, the current statute allows commissioners to reconsider the existence of the council at any time. 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 urges the Florida Legislature to oppose Senate Bill 1216 (SB 1216) and House Bill 1227 (HB 1227). Section 3: The County Administrator is hereby directed to send a copy of this resolution to Governor Charlie Crist, the County's Legislative Delegation and the Executive Director of the Florida Association of Counties. Section 4: This Resolution shall take effect upon its adoption. PASSED AND DULY ADOPTED this 2nd day of March, 2010. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Florida Senate - 2010 SB 1216 By Senator Negron 28-00933B-10 20101216 1 A bill to be entitled 2 An act relating to children's services; amending s. 3 125.901, F.S.; revising the membership of councils on 4 children's services; requiring the governing body of 5 the county to approve the purchase of real estate or 6 the construction of a building by a council on 7 children's services; requiring a council on children's 8 services to submit a tentative budget and proposed 9 millage rate to the governing body of the county; 10 requiring the governing body of the county to take 11 public testimony on the council's tentative budget and 12 proposed millage rate; providing for the governing 13 body of the county to approve the budget before final 14 adoption by a council on children's services; 15 specifying that millage levied and fixed by a council 16 on children's services does not count against the 17 millage limit applicable to the county under the State 18 Constitution; requiring the governing body of the 19 county to take public testimony and periodically vote 20 to retain or dissolve a council on children's 21 services; requiring the electors of a county to 22 periodically vote on whether to retain or dissolve a 23 council on children's services; requiring a council on 24 children's services to give priority in the use of 25 funds to the provision of children's services rather 26 than to the purchase of real estate or the 27 construction of buildings; expressing legislative 28 intent on application of the act; providing an 29 effective date. Page 1 of 16 CODING: Words strieken are deletions; words underlined are additions. Florida Senate - 2010 SB 1216 28-00933B-10 20101216 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Section 125.901, Florida Statutes, is amended to 34 read: 35 125.901 Children's services; independent special district; 36 council; powers, duties, and functions; public records 37 exemption.- 38 (1) Each county may by ordinance create an independent 39 special district, as defined in ss. 189.403(3) and 40 200.001(8)(e), to provide funding for children's services 41 throughout the county in accordance with this section. The 42 boundaries of such district shall be coterminous with the 43 boundaries of the county. The county governing body must smell 44 obtain approval, by a majority vote of those electors voting on 45 the question, to annually levy ad valorem taxes that may whieh 46 sal not exceed the maximum millage rate authorized by this 47 section. Any district created pursuant to the picevisiens of this 48 subsection shall be -__ga=ved to levy and fix millage subject to 49 the provisions of s. 200.065. Once such millage is approved by 50 the electorate, the district may sly- not be required to seek 51 approval of the electorate in future years to levy the 52 previously approved millage. 53 (a) The governing board of the district shall be a council 54 on children's services, which may also be known as a juvenile 55 welfare board or similar name as established in the ordinance by 56 the county governing body. Such council shall consist of 11 3-G 57 members, including: the superintendent of schools; a local 58 school board member; the district administrator from the Page 2 of 16 CODING: Wordsst-rieksn are deletions; words underlined are additions. Florida Senate - 2010 SB 1216 28-00933B-10 20101216_ 59 appropriate district of the Department of Children and Family 60 Services, or his or her designee who is a member of the Senior 61 Management Service or of the Selected Exempt Service; two 62 members en -- of the county governing body; and the judge 63 assigned to juvenile cases, who shall sit as a voting member of 64 the board, except that the salel judge may shall not vote or 65 participate in the setting of ad valorem taxes under this 66 section. If there :s more than one judge is assigned to juvenile 67 cases in a county, the chief judge shall designate one of the 68 said juvenile judges to serve on the board. The remaining five 69 members shall be appointed by the Governor, and shall, to the 70 extent possible, represent the demographic diversity of the 71 population of the county. After soliciting recommendations from 72 the public, the county governing body shall submit to the 73 Governor the names of at least three persons for each vacancy 74 occurring among the five members appointed by the Governor, and 75 the Governor shall appoint members to the council from the 76 candidates nominated by the county governing body. The Governor 77 shall make a selection within a 45-day period or request a new 78 list of candidates. All members appointed by the Governor must 79 shall have been residents of the county for the previous 24- 80 month period. Such members shall be appointed for 4-year terms, 81 except that the length of the terms of the initial appointees 82 shall be adjusted to stagger the terms. The Governor may remove 83 a member for cause or upon the written petition of the county 84 governing body. If any of the members of the council required to 85 be appointed by the Governor under tiie cf this 86 subsection sal resign, die, or are be removed from office, the 87 vacancy thereby created shall, as soon as practicable, be filled Page 3 of 16 CODING: Wordssti,4:eken are deletions; words underlined are additions. Florida Senate - 2010 SB 1216 28-00933B-10 20101216_ 88 by appointment by the Governor, using the same method as the 89 original appointment, and such appointment to fill a vacancy 90 shall be for the unexpired term of the person who resigns, dies, 91 or is removed from office. 92 (b) However, any county as defined in s. 125.011(1) may 93 instead have a governing board consisting of 33 members, 94 including: the superintendent of schools; two representatives of 95 public postsecondary education institutions located in the 96 county; the county manager or the equivalent county officer; the 97 district administrator from the appropriate district of the 98 Department of Children and Family Services, or the 99 administrator's designee who is a member of the Senior 100 Management Service or the Selected Exempt Service; the director 101 of the county health department or the director's designee; the 102 state attorney for the county or the state attorney's designee; 103 the chief judge assigned to juvenile cases, or another juvenile 104 judge who is the chief judge's designee and who shall sit as a 105 voting member of the board, except that the judge may not vote 106 or participate in setting ad valorem taxes under this section; 107 an individual who is selected by the board of the local United 108 Way or its equivalent; a member of a locally recognized faith- 109 based coalition, selected by that coalition; a member of the 110 local chamber of commerce, selected by that chamber or, if more 111 than one chamber exists within the county, a person selected by 112 a coalition of the local chambers; a member of the early 113 learning coalition, selected by that coalition; a representative 114 of a labor organization or union active in the county; a member 115 of a local alliance or coalition engaged in cross -system 116 planning for health and social service delivery in the county, Page 4 of 16 CODING: Words strieken are deletions; words underlined are additions. Florida Senate - 2010 SB 1216 28-00933B-10 20101216 117 selected by that alliance or coalition; a member of the local 118 Parent -Teachers Association/Parent-Teacher-Student Association, 119 selected by that association; a youth representative selected by 120 the local school system's student government; a local school 121 board member appointed by the chair of the school board; the 122 mayor of the county or the mayor's designee; one member of the 123 county governing body, appointed by the chair of that body; a 124 member of the state Legislature who represents residents of the 125 county, selected by the chair of the local legislative 126 delegation; an elected official representing the residents of a 127 municipality in the county, selected by the county municipal 128 league; and four 4 members -at -large, appointed to the council by 129 the majority of sitting council members. The remaining seven � 130 members shall be appointed by the Governor pursuant to -i-ft 131 aeeer-da ee wit-li jpL=eeedurres set€ai=t=h in paragraph (a) , except 132 that the Governor may remove a member for cause or upon the 133 written petition of the council. Appointments by the Governor 134 must, to the extent reasonably possible, represent the 135 geographic and demographic diversity of the population of the 136 county. Members who are appointed to the council by reason of 137 their position are not subject to the length of terms and limits 138 on consecutive terms as provided in this section. The remaining 139 appointed members of the governing board shall be appointed to 140 serve 2-year terms, except that those members appointed by the 141 Governor shall be appointed to serve 4-year terms, and the youth 142 representative and the legislative delegate shall be appointed 143 to serve 1-year terms. A member may be reappointed., However, a 144 member may not serve for more than three consecutive terms. A 145 member is eligible to be appointed again after a 2-year hiatus Page 5 of 16 CODING: Wordsn are deletions; words underlined are additions. Florida Senate - 2010 SB 1216 28-00933B-10 20101216_ 146 from the council. 147 (c) This subsection does not prohibit a county from 148 exercising such power as is provided by general or special law 149 to provide children's services or to create a special district 150 to provide such services. 151 (2)(a) Each council on children's services shall have all 152 of the following powers and functions: 153 1. To provide and maintain in the county such preventive, 154 developmental, treatment, and rehabilitative services for 155 children as the council determines are needed for the general 156 welfare of the county. 157 2. To provide such other services for all children as the 158 council determines are needed for the general welfare of the 159 county. 160 3. To allocate and provide funds for other agencies in the 161 county which are operated for the benefit of children, if those 162 funds are not under the exclusive jurisdiction of 163 the public school system. 164 4. To collect information and statistical data and to 165 conduct research that whieii will be helpful to the council and 166 the county in deciding the needs of children in the county. 167 5. To consult and coordinate with other agencies dedicated 168 to the welfare of children to the end that the overlapping of 169 services will be prevented. 170 6. To lease or buy such real estate, equipment, and 171 personal property and to construct such buildings as are needed 172 to execute the foregoing powers and functions, except pi-ev-�Q 173 that ne such purchases may not shall be made or building done 174 unless paid for with cash on hand or secured by funds deposited Page 6 of 16 CODING: Words strrie ken are deletions; words underlined are additions. Florida Senate - 2010 SB 1216 28-00933B-10 20101216 175 in financial institutions. The governing body of the county must 176 approve by resolution the purchase of real estate or the 177 construction of a building by the council. �iethd:ng-ter This 178 subparagraph does not shall -eenstru ed-te authorize a district 179 to issue bonds of any nature, and n ershall'a district may not 180 liao=e—the pewer t e require the imposition of any bond by the 181 governing body of the county. 182 7. To employ, pay, and provide benefits for any part-time 183 or full-time personnel needed to execute the foregoing powers 184 and functions. 185 (b) Each council on children's services shall: 186 1. Immediately after the members are appointed, elect a 187 chair and a vice chair from among its members, and elect other 188 officers as deemed necessary by the council. 189 2. Immediately after the members are appointed and officers 190 are elected, identify and assess the needs of the children in 191 the county served by the council and submit to the governing 192 body of each county a written description of: 193 a. The activities, services, and opportunities that will be 194 provided to children. 195 b. The anticipated schedule for providing those activities, 196 services, and opportunities. 197 c. The manner in which children will be served, including a 198 description of arrangements and agreements that wiFiieh will be 199 made with community organizations, state and local educational 200 agencies, federal agencies, public assistance agencies, the 201 juvenile courts, foster care agencies, and other applicable 202 public and private agencies and organizations. 203 d. The special outreach efforts that will be undertaken to Page 7 of 16 CODING: Words strieken are deletions; words underlined are additions. Florida Senate - 2010 SB 1216 2111 205 206 207 208 2091 210 211 212 213 214i1 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 28-00933B-10 20101216_ provide services to at -risk, abused, or neglected children. e. The manner in which the council will seek and provide funding for unmet needs. f. The strategy that whieh will be used for interagency coordination to maximize existing human and fiscal resources. 3. Provide training and orientation to all new members sufficient to allow them to perform their duties. 4. Make and adopt bylaws and rules and regulations for the council's guidance, operation, governance, and maintenance which, are not inconsistent with federal or state laws or county ordinances. 5. Provide an annual written report, to be presented no later than January 1, to the governing body of the county. The annual report shall contain, but need not be limited to, the following information: a. Information on the effectiveness of activities, services, and programs offered by the council, including cost- effectiveness. b. A detailed anticipated budget for continuation of activities, services, and programs offered by the council, and a list of all sources of requested funding, both public and private. c. Procedures used for early identification of at -risk children who need additional or continued services and methods for ensuring that the additional or continued services are received. d. A description of the degree to which the council's objectives and activities are consistent with the goals of this section. Page 8 of 16 CODING: Words etiFieleen are deletions; words underlined are additions. Florida Senate - 2010 SB 1216 28-00933B-10 20101216 233 e. Detailed information on the various programs, services, 234 and activities available to participants and the degree to which 235 the programs, services, and activities have been successfully 236 used by children. 237 f. Information on programs, services, and activities that 238 should be eliminated; programs, services, and activities that 239 should be continued; and programs, services, and activities that 240 should be added to the basic format of the children's services 241 council. 242 (c) The council shall maintain minutes of each meeting, 243 including a record of all votes cast, and shall make such 244 minutes available to any interested person. 245 (d) Members of the council shall serve without 246 compensation, but are shall be entitled to receive reimbursement 247 for per diem and travel expenses consistent with the 248 e-€ s. 112.061. 249 (3)(a) The fiscal year of the district shall be the same as 250 that of the county. 251 (b)l. On or before June 15 July of each year, the council 252 on children's services shall prepare and submit to the governing 253 body of the county a tentative annual written budget of the 254 district's expected income and expenditures, including a 255 contingency fund. The council shall, in addition, compute and 256 submit to the governing body of the county a proposed millage 257 rate within the voter -approved cap necessary to fund the 258 tentative budget an6, 259 w4:ti the--p� : s±ears of s . 299. 06s, i-elating te tiie ffietlied ef 260 , 261 iceserltttien ef—the ee�zineil. The council shall include with the Page 9 of 16 CODING: Words strieken are deletions; words underlined are additions. W Florida Senate - 2010 SB 1216 28-00933B-10 20101216_ 262 submissions the council's rationale for the budget and millage 263 rate, as well as a detailed explanation for any significant 264 changes in the proposed use of funds from the prior year's 265 approved budget. 266 2 a Within 20 days after receiving the tentative budget 267 and proposed millage rate from the council, the governing body 268 of the county shall hold a public hearing and receive public 269 testimony on the tentative budget and proposed millage rate. The 270 governing body of the county shall by resolution approve the 271 budget or reject it and direct the council to submit a revised 272 tentative budget within 10 days for approval or rejection by the 273 governing body. The council may not adopt a final budget until 274 the budget has been approved by the governing body. 275 b The authority under this subparagraph for the governing 276 body of the county to approve the budget of the council does not 277 cause the millage levied and fixed by the council to count 278 toward the maximum millage authorized for all county purposes 279 under s. 9, Art. VII of the State Constitution. 280 3 Before adopting a final budget, the council must comply 281 with the provisions of s 200 065, relating to the method of 282 fixing millage, and shall fix the final millage rate by 283 resolution of the council. 284 4. The adopted budget and final millage rate shall be 285 certified and delivered to the governing body of the county as 286 soon as possible following the council's adoption of the final 287 budget and millage rate pursuant to chapter 200. Included in 288 each certified budget shall be the millage rate, adopted by 289 resolution of the council, necessary to be applied to raise the 290 funds budgeted for district operations and expenditures. In no Page 10 of 16 CODING: Words strieken are deletions; words underlined are additions. Florida Senate - 2010 SB 1216 28-00933B-10 20101216_ 291 circumstances, however, shall any district levy millage to 292 exceed a maximum of 0.5 mills of assessed valuation of all 293 properties within the county which are subject to ad valorem 294 county taxes. 295 (c) The adopted budget of the district &e certified and 296 delivered to the governing body of the county under paragraph 297 (b) is shall not b,e subject to change or modification by the 298 governing body of the county or any other authority. 299 (d) All tax money collected under this section, as soon 300 after the collection thereof as is reasonably practicable, shall 301 be paid directly to the council on children's services by the 302 tax collector of the county, or the clerk of the circuit court 303 if the clerk collects delinquent taxes. 304 (e)1. All moneys received by the council on children's 305 services shall be deposited in qualified public depositories, as 306 defined in s. 280.02, with separate and distinguishable accounts 307 established specifically for the council and shall be withdrawn 308 only by checks signed by the chair of the council and 309 countersigned by either one other member of the council on 310 children's services or by a chief executive officer who shall be 311 so authorized by the council. 312 2. Upon entering the duties of office, the chair and the 313 other member of the council or chief executive officer who signs 314 its checks shall each give a surety bond in the sum of at least 315 $1,000 for each $1 million or portion thereof of the council's 316 annual budget, which bond shall be conditioned that each shall 317 faithfully discharge the duties of his or her office. The 318 premium on such bond may be paid by the district as part of the 319 expense of the council. No other member of the council shall be Page 11 of 16 CODING: Wordsn are deletions; words underlined are additions. Florida Senate - 2010 SB 1216 28-00933B-10 20101216_ 320 required to give bond or other security. 321 3. ge, Funds of the district may not shams be expended 322 except by check aq afeL-e9aA:ei, except for expenditures from a 323 petty cash account, which may -ahall not at any time exceed $100. 324 All expenditures from petty cash shall be recorded on the books 325 and records of the council on children's services. Ne Funds of 326 the council on children's services, except exee19*=4:ng 327 expenditures from petty cash, may not shall be expended without 328 prior approval of the council, in addition to the budgeting 329 thereof. 330 (f) Within 10 days, exclusive of weekends and legal 331 holidays, after the expiration of each quarter annual period, 332 the council on children's services shall cause to be prepared 333 and filed with the governing body of the county a financial 334 report that includes ,him sha=rielude—the fellewing- 335 1. The total expenditures of the council for the quarter 336 annual period. 337 2. The total receipts of the council during the quarter 338 annual period. 339 3. A statement of the funds the council has on hand, has 340 invested, or has deposited with qualified public depositories at 341 the end of the quarter annual period. 342 4. The total administrative costs of the council for the 343 quarter annual period. 344 (4)(a) Any district created pursuant to the pfev-liens of 345 this section may be dissolved by a special act of the 346 Legislature, or the county governing body may by ordinance 347 dissolve the district subject to the approval of the electorate. 348 (b) Notwithstanding paragraph (a), beginning in May 2016, Page 12 of 16 CODING: Words men are deletions; words underlined are additions. Florida Senate - 2010 SB 1216 28-00933B-10 20101216 349 and in May every 8 years thereafter, the governing body of the 350 county shall hear public testimony relating to the effectiveness 351 of the council on children's services and shall vote by 352 ordinance whether to retain or dissolve the district. Regardless 353 of its decision, the governing body of the county shall submit 354 the question of retention or dissolution of the district to the 355 electors in the August primary election immediately following 356 its decision. If the electorate votes to dissolve the district, 357 the district shall be dissolved. 358 359 If any district is dissolved pursuant to the r~o._______ of this 360 subsection, each county must sal first obligate itself to 361 assume the debts, liabilities, contracts, and outstanding 362 obligations of the district within the total millage available 363 to the county governing body for all county and municipal 364 purposes as provided for under s. 9, Art. VII of the State 365 Constitution. Any district may also be dissolved pursuant to -t-� 366 s. 189.4042. 367 (5) After or during the first year of operation of the 368 council on children's services, the governing body of the 369 county, at its option, may fund in whole or in part the budget 370 of the council on children's services from its own funds. 371 (6) Any district created pursuant to the—pEevisiens of this 372 section shall comply with all other statutory requirements of 373 general application which relate to the filing of any financial 374 reports or compliance reports required under part III of chapter 375 218, or any other report or documentation required by law, 376 including the requirements of ss. 189.415, 189.417, and 189.418. 377 (7)(a) Each county may by ordinance create a dependent Page 13 of 16 CODING: Wordsn are deletions; words underlined are additions. Florida Senate - 2010 SB 1216 28-00933B-10 20101216 378 special district within the boundaries of the county for the 379 purpose of providing preventive, developmental, treatment, and 380 rehabilitative services for children. The district may 4-& 381 auc-her-lzeel to seek grants from state, federal, and local 382 agencies and to accept donations from public and private sources 383 if, the district complies with the provisions of 384 paragraphs (1) (a ) and (2) (b) — and pr-evided tliat the 94- Y; e has 385 a budget that requires approval through an affirmative vote of 386 the governing body of the county or that may be vetoed by the 387 governing body of the county. 388 (b) If the provisions of a county charter relating to the 389 membership of the governing board of a dependent special 390 district conflict with paragraph (1)(a), a county may by 391 ordinance create a dependent special district within the 392 boundaries of the county for the purpose of providing 393 preventive, developmental, treatment, and rehabilitative 394 services for children, and the district may sliallk3caemern2d 395 to seek grants from state, federal, and local agencies and is 396 accept donations from public and private sources if, 397 that the district complies with the provisions of paragraph 398 (2)(b)7- and has a budget that 399 requires approval through an affirmative vote of the governing 400 body of the county or that may be vetoed by the governing body 401 of the county. 402 (8) It is the intent of the Legislature that the funds 403 collected pursuant to the pfevi=-ens of this section ell- be 404 used to support improvements in children's services and that 405 such funds may shall not be used as a substitute for existing 406 resources or for resources that would otherwise be available for Page 14 of 16 CODING: Wordss4a-r-ieken are deletions; words underlined are additions. Florida Senate - 2010 SB 1216 28-00933B-10 20101216 407 children's services. The council on children's services shall 408 give priority in the use of funds under this section to the 409 provision of children's services rather than to the purchase of 410 real estate or the construction of buildings. 411 (9) Two or more councils on children's services may enter 412 into a cooperative agreement to share administrative costs, 413 including, but not limited to, staff and office space, if a more 414 efficient or effective operation will result. The cooperative 415 agreement shall include provisions on apportioning costs between 416 the councils, keeping separate and distinct financial records 417 for each council, and resolving any conflicts that might arise 418 under the cooperative agreement. 419 (10) Two or more councils on children's services may enter 420 into a cooperative agreement to seek grants, to accept 421 donations, or to jointly fund programs serving multicounty 422 areas. The cooperative agreement shall include provisions for 423 the adequate accounting of separate and joint funds. 424 (11) Personal identifying information of a child or the 425 parent or guardian of the child, held by a council on children's 426 services, juvenile welfare board, or other similar entity 427 created under this section or by special law, or held by a 428 service provider or researcher under contract with such entity, 429 is exempt from s. 119.07(1) and s. 24(a), Art. I of the State 430 Constitution. This exemption applies to such information held 431 before, on, or after the effective date of this exemption. 432 Section 2. It is the intent of the Legislature that the 433 revisions made by this act to s. 125.901, Florida Statutes, 434 apply to any council on children's services in existence on the 435 effective date of this act and to any council created on or Page 15 of 16 CODING: Words strieken are deletions; words underlined are additions. Florida Senate - 2010 SB 1216 28-00933B-10 20101216_ 436 after the effective date of this act. It is further the intent 437 of the Legislature that the revisions made by this act to the 438 process by which a council develops a budget for the special 439 district apply to the budget for the 2010-2011 fiscal year of 440 the district. 441 Section 3. This act shall take effect upon becoming a law. Page 16 of 16 CODING: Words strieleen are deletions; words underlined are additions. AGENDA REQUEST ITEM NO. VI-C DATE: 03/02/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lewis ; SUBMITTED BY: Airport Airport Direc SUBJECT: Termination of Sustainable Resources International (SRI) Lease and Permission to Advertise a Request for Proposal (RFP) to Lease the Property at 4600 Taylor Dairy Road. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Not applicable PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to terminate the SRI lease and advertise a Request for Proposal to lease the property at 4600 Taylor Dairy Road at the St. Lucie County International Airport. COMMISSION ACTION: �4 APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst Daniel S. McIntyre Hem Purchasing ( ) �� ERD ( ) Desiree Cimino (Name) AIRPORT MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis Airport Direct4$ DATE: March 2, 2010 SUBJECT: Termination of Sustainable Resources International (SRI) Lease and Permission to Advertise a Request for Proposal (RFP) to Lease the Property at 4600 Taylor Dairy Road ITEM NO. VI-C Background: Sustainable Resources International (SRI) had been leasing an aquaculture facility at 4600 Taylor Dairy Road, located at the southeast corner of Taylor Dairy and Indrio Road. This is a 37.46 acre parcel with seven existing buildings totaling 12,144 sq. ft. The fair market rent for the property is $39,500 exclusive of taxes. Since leasing the property in September 2008, SRI had plans to redevelop the site to relocate their shrimp breeding operation from Key Largo. On January 29, 2010, an e-mail from SRI was received stating that they were no longer going to pay rent because they could not get funding for development of the site due to the loss of an investor. The three month security deposit of $9,875 has been forfeited due to the default. To date, SRI has paid rent for the first three months of FY 2010. Including the security deposit, a shortfall still remains of $19,750 for the balance of the fiscal year. This request is for the Board to approve the termination of the SRI lease and the approval to advertise a Request for Proposal to obtain a new tenant for the facility. Previous Action September 9, 2008 — Board approval of lease June 23, 2009 — First Amendment approved to extend commencement date to September 15, 2009 September 22, 2009 — Second Amendment to extend commencement date to March 15, 2010 Recommendation Board approval to terminate the SRI lease and advertise a Request for Proposals to lease the property at 4600 Taylor Dairy Road at the St. Lucie County International Airport... 7cW6uNTY F L O R I D A —040 ITEM NO. DATE: AGENDA REQUEST REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT VI-D' 03/02/2010 (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don Paule SUBMITTED BY: Public Works - Road & Bridge Road & Bridge Manager SUBJECT: Amendment to contract for Concrete, Culvert and Asphalt Installation BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102001-3725-534000-400 Other Contractual Services (Stormwater) 101003-4108-534000-400 Other Contractual Services (Drainage) PREVIOUS ACTION: September 22, 2009 - Board award of Contract RECOMMENDATION: Board approval of first amendment to Contract No. 09-09-456, Concrete, Culvert and Asphalt Installation, with Melvin Bush Construction and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: � - APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Signatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney ( X) OMB Director ( X ) Budget Analyst Mq? — Dan McIntyre Marie Gouin Road & Bridge ( X) Public Works ( X) Don Pauley Don d B. West Public Works Administration MEMORANDUM TO: Board of County Commissioners THROUGH: Donald B. West, Public Works Director FROM: Don Pauley, Road & Bridge Manag DATE: March 2 ,2010 SUBJECT: Amendment to contract for Concrete, Culvert and Asphalt Installation ITEM NO. VI-D1 Background: In 2009, St. Lucie County entered into a contract with Melvin Bush Construction, Inc. for Concrete, Culvert and Asphalt Installation. Melvin Bush, located in Port St. Lucie, was the 2nd lowest responsive bidder. The lowest bidder withdrew his bid and was not considered for the award. This contract includes removal and replacement of existing driveway installations, (with and without culverts), removal and replacement of existing concrete, asphalt, dirt or rock driveway surfaces, the removal and replacement of existing concrete sidewalk sections, and miter end sections. All items will be constructed on an as -needed basis as determined by the Road & Bridge Division. The current contract is for a term of one (1) year from October 1, 2009 through September 30, 2010. The contract has the option of two additional one-year renewals at the same terms and conditions. We are requesting this 1st amendment to the current contract so that items needed for the Paradise Park Phase III are in place. These items cover the installation of miter end sections for culvert and driveway pipes that are different sizes than used on Phase II. We are anticipating the start of Paradise Park Phase III to begin in April, 2010. The first amendment to Contract C09-09-456 is attached. Recommendation: Board approval of first amendment to Contract No. 09-09-456, Concrete, Culvert and Asphalt Installation, with Melvin Bush Construction and authorization for the Chairman to sign documents as approved by the County Attorney. C09-09-456 FIRST AMENDMENT TO SEPTEMBER 22, 2009 CONTRACT BETWEEN ST LUCIE COUNTY AND MELVIN BUSH CONSTRUCTION, INC. THIS FIRST AMENDMENT, is made and entered into this day of , 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and MELVIN BUSH CONSTRUCTION, INC., or its successors, executors, administrators, and assigns ("Contractor"). WHEREAS, on September 22, 2009, the parties entered into a contract to provide for concrete, culvert and asphalt installation; and WHEREAS, the County desire to amend the contract to allow for additional scope of service to be provided by Contractor. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 7. CONTRACT PAYMENT shall be amended to read as follows: 7. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, pursuant to the prices stated on the Bid Form. Additional Services shall be paid as follows: Includes Cutting Miters, Drilling for Anchor bolts and anchor bolts 17x13 ECMP 2:1 $192.00 each 15" CMP 2:1 $192.00 each 18" CMP 2:1 $217.00 each 24" CMP 2:1 $265.00 each Saw Cutting for Mitered End Only 12x18 ERCP 2:1 $150.00 each 14x23 ERCP 2:1 $175.00 each 19x30 ERCP 2:1 $250.00 each 15" RCP 2:1 $150.00 each 18" RCP 2:1 $175.00 each 24" RCP 2:1 $250.00 each Mitered End Section Complete (Includes Concrete, Saw Cutting, Drilling for anchor bolts and anchor bolts) 1 C09-09-456 24" CMP 4:1 $538.00 24" RCP 4:1 $450.00 24" RCP 2:1 $425.00 The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218.70, upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: MELVIN BUSH CONSTRUCTION, INC. By: Print Name: Title: 2 1 P" P i7 CQU NTY F L O R I D A AGENDA REQUEST REVISED ITEM NO. VI -El DATE: 03/02/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk Manager SUBJECT: Prison Health Services Inmate Health Care Invoice, FY 09-10 First Quarter. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval). PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval for payment of Prison Health Services invoice number PHS0007139 for the First Quarter period of October 01, 2009 thru December 31, 2009, in the amount of $475,003.61. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney (X) OMB Director (X) Budget Analyst -Z16)4 (Daniel S. McIntyre) (Marie Gouin) Originating Dept. ( X) ERD ( ) (Daniel J. c) (Name) COUNTY F LORI DA-46 Human Resources/Risk Management TO: Board of County Commissioners THROUGH: Carl Holeva, Human R ue56 roes D e FROM: Daniel J. Lutzke, Risk Manager DATE: February 15, 2010 MEMORANDUM SUBJECT: Prison Health Services Inmate Health Care Invoice, FY 09-10 First Quarter. ITEM NO. VI -El Background: Prison Health Services (PHS) acts as a third party administrator for prisoner health care and manages and pays for medical care expenses for incarcerated jail inmates that are provided off -site (outside the Jail). PHS is then reimbursed by the County in accordance with Florida Statutes that make the County responsible for payment of inmate medical services, including psychotropic drugs, whenever the inmate has no viable method of paying for medical services. The Board has previously approved inmate HIV medications payments of $48,681.27 for October 2009, $46.354.62 for November 2009 and $52,723.34 for December 2009 for a total HIV payment to date of $147,759.23. This invoice, along with the PHS invoice in Item VI-E2 of $410,923.16, brings the total inmate medical cost through the First Quarter to $1,033,686. The Board has established a FY 09-10 total budget of $1,850,000 for inmate medical care. Alliance Medical Management, the Sheriffs Office medical consultant, has reviewed PHS Invoice No. PHS0007139 and supporting documentation and certified them to be correct as presented. Attachments Prison Health Services Invoice number PHS0007139 in the amount of $475,003.61. Alliance Medical Management certification of accuracy of Invoice Number PHS0007139. Recommendation Board approval for payment of Prison Health Services invoice number PHS0007139 for the First Quarter period of October 01, 2009 thru December 31, 2009, in the amount of $475,003.61. Invoice Number: PHS0007139 Prison Health Services, Inc. 105 Westpark Drive, Suite 200 Brentwood, TN 37027 ,, __1 mono Iru+74_71nAAr,11 QUARTERLY INVOICE St. Lucie County, FL Aggregate Report for Contract Year: October 1, 2009 through September 30, 2010 Utilization and HIV Meds For the month ended: December 31, 2009 Aggregate Terms per Contract (backup attached): 100% reimbursement $ - Summary of Aggregate Calculation through 12/31/09: Paid Claims $ 470,439.28 Pharmacy - Dialysis Medications $ 250.90 Total Paid through 12/31/09: $ 470,690.18 Aggregate Limit (PHS responsibility) pro -rated 12 months: $ Total PHS responsibility as of 12/31/09: $ Amount over Aggregate Limit due from County $ 470,690.18 Less: Previously Invoiced $ Amount Due This Quarter $ 470,690.18 February 23, 2010 Mr. Dan Lutzke, CSP, CDS, ARM, ARM-P St. Lucie County BOCC — Risk Manager 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Mr. Lutzke: - - This letter is to inform you that I have received PHS' invoice #PHS 0007139 dated January 27, 2010. The total for Utilization for 10/01/09 — 09/30/10 as of Dec. 2009 is $470,690.18, and the total for Psychotropics for 10/01/09 — 09/30/09 as of Dec. 2009 is $4,313.43 for an overall total of $475,003.61. It is the correct invoice amount for the period of 10/01/09 to 09/30/10. Please let me per assistance. COUNTY F LORI D A AGENDA REQUEST ITEM NO. VI -El DATE: 03/02/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -ID ( ) CONSENT M TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk Manager SUBJECT: Prison Health Services Inmate Health Care Invoice, FY 09-10 First Quarter. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval). PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval for payment of Prison Health Services invoice number PHS0007139 for the First Quarter period of October 01, 2009 thru December 31, 2009, in the amount of $475,003.61. COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X) OMB Director (X ) Budget Analyst (Daniel S. McIntyre) Originating Dept. ( X) ERD ( ) (Daniel . ) (Marie Gouin) (Name) QUARTERLY INVOICE St. Lucie County, FL Aggregate Report for Contract Year: October 1, 2009 through September 30, 2010 Utilization and HIV Meds For the month ended: December 31, 2009 kggregate Terms per Contract (backup attached): 00% reimbursement $ _ Summary of Aggregate Calculation through 12/31109: Paid Claims Pharmacy - Dialysis Medications Total Paid through 12/31/09: Aggregate Limit (PHS responsibility) pro -rated 12 months: Total PHS responsibility as of 12/31/09: Amount over Aggregate Limit due from County Less: Previously Invoiced $ 470,439.28 $ 250.90 $ 470,690.18 S 470,690.18 Amount Due This Quarter S 470,690.18 AGENDA REQUEST ITEM NO.' VI-E2 - DATE: 03/02/10 OUNTY REGULAR ( ) E V 1, R PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT M TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk Manager SUBJECT: Prison Health Services Inmate Health Care Invoice, FY 08-09, Late Billing. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval). PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval for payment of Prison Health Services invoice number PHS0007138 for period of 10/01/08 to 09/30/09, in the amount of $410,923.16. COMMISSION ACTION: APPROVED ( ) ( ) OTHER Approved 5-0 DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X ) Budget Analyst (Daniel S. McIntyre) Originating ERD ( ) 9 9 Dept. P ( X ) (Daniel J. k (Marie Gouin) (Name) 5 Human Resources/Risk Management COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: Carl Holeva, Human Resourcector FROM: Daniel J. Lutzke, Risk Manager DATE: February 15, 2010 SUBJECT: Prison Health Services Inmate Health Care Invoice, FY 08-09, Late Billing. ITEM NO. VI-E2 Background: Prison Health Services (PHS) acts as a third party administrator for prisoner health care and manages and pays for medical care expenses for incarcerated jail inmates that are provided off -site (outside the Jail). PHS is then reimbursed by the' County in accordance with Florida Statutes that make the county responsible for payment of inmate medical services, including psychotropic drugs, whenever the inmate has no viable method of paying for medical services. The PHS contract with the Sheriffs Office ends September 30th of each year and provides five months for PHS to get the claims in from their medical providers, process and pay them. This invoice was submitted within the five month settlement period. It is anticipated that the County will receive an additional final invoice for contract year 08/09 of approximately $30,000. This prior year invoice will be paid out of the current, FY 09/10 budget. The Board has previously approved inmate HIV medications payments of $48,681.27 for October 2009, $46.354.62 for November 2009 and $52,723.34 For December 2009 for a total HIV payment to date of $147,759.23. This invoice, along with the PHS invoice in Item VI -El of $475,003.61, brings the total inmate medical cost through the First Quarter to $1,033,686. The Board has established a FY 09-10 total budget of $1,850,000 for inmate medical care. Alliance Medical Management, the Sheriffs Office medical consultant, has reviewed PHS Invoice No. PHS0007138 and supporting documentation and certified them to be correct as presented. Attachments Prison Health Services Invoice number PHS0007138 in the amount of $410,923.16. Alliance Medical Management certification of accuracy of Invoice Number PHS0007138. Recommendation Board approval for payment of Prison Health Services invoice number PHS0007138 for the period of 10/01/08 to 09/30/09, in the amount of $410,923.16. Invoice Number: PHS0007138 L t Prison Health Services, Inc. 105 Westpark Drive, Suite 200 Brentwood, TN 37027 QUARTERLY INVOICE St. Lucie County, FL Aggregate Report for Contract Year: October 1, 2008 through September 30, 2009 Utilization and HIV Meds For the month ended: ,December 31, 2009 1Annual Aggregate Limit: Annual Aggregate Total: $ 105,000.00 100% reimbursement of difference to the county if below $ 105,000.00 100% bill back over S 105,000.00 - 1 $ 105,000.00 Summary of Aggregate Calculation through 12/31/09 Paid Claims Pharmacy -Dialysis Medications $ 1,293,803.20S Pharmacy - Cancer Medications Pharmacy -Chemotherapy and Transplant Medications $ 32.52 Pharmacy -Factor Medications $ 440.00 Pharmacy - HIV/Protease Inhibitors: $ 51,661.50S 413,798.55 Total Paid through 12/31/09: $ 1,759,735.77 Aggregate Limit (PHS responsibility) pro -rated 12 months: $ 105,000.00 Total PHS responsibility as of 12/31/09: $ 105,000.00 Amount over Aggregate Limit due from County $ 1,654,735.77 Less: Previously Invoiced $ (1,243,812.61) Amount Due This Quarter $ 410,923.16 February 23, 2010 Mr. Dan J. Lutzke, CSP, CDS, ARM, ARM-P St. Lucie County BOCC — Risk Manager 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Mr. Lutzke: This letter is to inform you that I have received PHS' invoice #PHS 0007138 dated January 27, 2010 for the amount of $410,923.16. It is the correct invoice amount for the Utilization & HIV Meds for 10/01/08 — 09/30/09 as of Dec. 2009. Please let me know if I can be of further assistance. AGENDA REQUEST i ITEM NO. VI-E2 DATE: 03/02/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -ID ( ) CONSENT M TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk Manager SUBJECT: Prison Health Services Inmate Health Care Invoice, FY 08-09, Late Billing. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval). PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval for payment of Prison Health Services invoice number PHS0007138 for period of 10/01/08 to 09/30/09, in the amount of $410,923.16. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X)Al OMB Director (X ) Budget Analyst (Daniel S. McIntyre) e t. X (aJ ERD ( ) Originating Dept. ( ) (Daniel J. k J47 ti (Marie Gouin) (Name) a COCINTY F L O R I D A Human Resources/Risk Management MEMORANDUM TO: Board of County Commissioners THROUGH: Carl Holeva, Human Resources Director FROM: Daniel J. Lutzke, Risk Manager 4a�— DATE: February 15, 2010 SUBJECT: Prison Health Services Inmate Health Care Invoice, FY 08-09, Late Billing. ITEM NO. VI-E2 Background: Prison Health Services (PHS) acts as a third party administrator for prisoner health care and manages and pays for medical care expenses for incarcerated jail inmates that are provided off -site (outside the Jail). PHS is then reimbursed by the` County in accordance with Florida Statutes that make the county responsible for payment of inmate medical services, including psychotropic drugs, whenever the inmate has no viable method of paying for medical services. The PHS contract with the Sheriffs Office ends September 30th of each year and provides five months for PHS to get the claims in from their medical providers, process and pay them. This invoice was submitted within the five month settlement period. It is anticipated that the County will receive an additional final invoice for contract year 08/09 of approximately $30,000. This prior year invoice will be paid out of the current, FY 09/10 budget. The Board has previously approved inmate HIV medications payments of $48,681.27 for October 2009, $46.354.62 for November 2009 and $52,723.34 For December 2009 for a total HIV payment to date of $147,759.23. This invoice, along with the PHS invoice in Item VI -El of $475,003.61, brings the total inmate medical cost through the First Quarter to $1,033,686. The Board has established a FY 09-10 total budget of $1,850,000 for inmate medical care. Alliance Medical Management, the Sheriffs Office medical consultant, has reviewed PHS Invoice No. PHS0007138 and supporting documentation and certified them to be correct as presented. Attachments Prison Health Services Invoice number PHS0007138 in the amount of $410,923.16. Alliance Medical Management certification of accuracy of Invoice Number PHS0007138. Recommendation Board approval for payment of Prison Health Services invoice number PHS0007138 for the period of 10/01/08 to 09/30/09, in the amount of $410,923.16. Prison Health Services, Inc. 105 Westpark Drive, Suite 200 Brentwood, TN 37027 A nnn 9nn nnon --4 12120 ST LUCIE COUNTY SHERIFF'S DEPT ATTN: TOBY LONG 4700 WEST MIDWAY ROAD FORT PIERCE, FL 34981 Customer Number: 1534B snit qA-91nRRs.,i Aggregate CAP Utilization & HIV for 10/1/08-9/30/09 as of Dec09 Amount Due: Remit Payment To: Prison Health Services, Inc. 12464 Collection Center Drive Chicago, IL 60693 $410,923.16 Invoice Number: PHS0007138 Payment Due Date: February 26, 2010 Account Terms: NET 30 DAYS * * * PLEASE DOCUMENT IF INVOICE IS NOT PAID IN FULL January 27, 2010 $410,923.16 QUARTERLY INVOICE St. Lucie County, FL Aggregate Report for Contract Year: October 1, 2008 through September 30, 2009 Utilization and HIV Meds For the month ended:.December 31, 2009 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ 105,000.00 Annual Aggregate Total: $ 105,000.00 100% reimbursement of difference to the county if below $ 105,000.00 100% bill back over $ 105,000.00 Summary of Aggregate Calculation through 12/31109: Paid Claims $ 1,293,803.20 Pharmacy - Dialysis Medications $ Pharmacy - Cancer Medications $ 32.52 Pharmacy - Chemotherapy and Transplant Medications $ 440.00 Pharmacy - Factor Medications $ 51,661.50 Pharmacy - HIV/Protease Inhibitors: $ 413,798.55 Total Paid through 12/31/09: $ 1,759,735.77 Aggregate Limit (PHS responsibility) pro -rated 12 months: $ 105,000.00 Total PHS responsibility as of 12131/09: $ 105,000.00 Amount over Aggregate Limit due from County $ 1,654,735.77 Less: Previously Invoiced $ (1,243,812.61) Amount Due This Quarter $ 410,923.16 ITEM NO. VI-F DATE: 3/2/2010 • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRda ENTEDBY: LinPendary SUBMITTED BY: Growth Management Department Planner SUBJECT: Savanna Plat #18 final plat. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Board approval of the final plat to be known as Savanna Plat #18 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) vi County Surveyor Daniel S. McIntyre Ron Harris County Engineer ( ) M� Michael Powley Originating Dept. ( ) A4Sae ERD Smith Growth Management Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth ManaReMBnt Directory Kristin Tetsworth, Planning Manage( <,, d FROM: Linda Pendarvis, PlannerA Planning Division DATE: March 2, 2010 SUBJECT: Savanna Plat #18 final plat. ITEM NO. VI-F Background: On February 18, 2010, the Development Review Committee certified plat approval for the subdivision to be known as Savanna Plat #18. The project is located on the east side of US Highway 1, approximately 300 feet north of the intersection of US Highway 1 and Savanna Club Blvd. in the CG (Commercial, General) Zoning District. The proposed two (2) lot plat meets the dimensional and lot size requirements of Table 7-10 for CG Zoning in accordance with Section 7.04.01 of the Land Development Code. It has been determined that this plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. In accordance with the provisions of Section 11.03.03(D) of the St. Lucie County Land Development Code, staff recommends Board approval of the final plat for the subdivision to be known as Savanna Plat #18. Recommendation: Board approval of the final plat to be known as Savanna Plat #18 and authorization for the Chairman to sign documents as approved by the County Attorney. -j Environmental Resources Department Companion Report TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director�t FROM: Yvette Alger, Environmental Resources Department Amy Mott, Environmental Regulations Division Manager DATE: February 17, 2010 SUBJECT: Storage East XI Savanna, LLC final plat to be known as Savanna Plat #18. Background The Growth Management Department requested Environmental Resources Department (ERD) input on the applicant's request for approval of a proposed final plat. ERD coordinated with the applicant and Growth Management during our review. Recommendations ERD supports the Growth Management recommendation of approval of the proposed final plat. Findings ERD findings are presented in the ERD Final Report, which has been included in the agenda packet. j Signature Environmental Resources Department Final Report TO: Linda Pendarvis, Growth Management Department THROUGH: Karen Smith, Environmental Resources Department Director v J� FROM: Yvette Alger, Environmental Resources Departmenv-f Amy Mott, Regulations Division Manager DATE: February 17, 2010 SUBJECT: Savanna Plat #18 Background The applicant is requesting a re -plat to subdivide an existing 6.21-acre portion of St. Lucie Gardens into two lots. The site is located immediately northeast of the intersection of US Highway 1 and Savanna Club Boulevard. Vegetation on -site includes pine flatwoods, with scattered thickets of the invasive exotic, Brazilian pepper. Wetland areas exist in the northwest and northeast corners of the property, as shown on the boundary survey. Findings During an initial review in November 2009, Environmental Resources Department (ERD) staff recommended that the plat identify an upland habitat preserve for the purposes of addressing tree mitigation requirements for the site as a whole (Section 6.00.05.D.3.b.1). The applicant responded that upland habitat preservation is not proposed as part of the re -plat application. Therefore, during the subsequent lot -level development review process, ERD will require that impacts to County -protected trees shall be avoided and minimized to the greatest extent feasible, with mitigation to be provided for any unavoidable impacts (Section 6.00.05). Though staff prefers that, given the habitat quality on -site, tree preservation/mitigation should be addressed comprehensively through habitat preservation at the re -plat stage, the applicant's proposal to address this issue during lot -level development would fulfill minimum code requirements. During the initial ERD review, staff requested that wetland preserves be dedicated via conservation easement and identified on the plat, with proposed management to be described in a Preserve Area Monitoring and Management Plan (PAMP). The applicant responded that if required, they would address the PAMP requirement during Environmental Resources Department Final Report Savanna Plat #18 February 17, 2010 subsequent lot -level development. The applicant's December 17, 2009 letter further stated that wetland impacts were already addressed via the state and federal permitting processes. However, staff maintains that local rules can provide additional protection for environmentally sensitive lands and critical habitat, including wetlands (Comprehensive Plan Policy 8.1.4.5). During the subsequent lot -level development review process, ERD will require that wetland impacts be avoided and minimized to the greatest extent feasible (Comprehensive Plan Policies 8.1.4.12, 8.1.14.4). A conservation easement (Comprehensive Plan Policy 8.1.12.8) and Preserve Area Monitoring and Management Plan (PAMP) (Comprehensive Plan Policies 8.1.8.5, 8.1.14.6) will be required for any preservation areas identified at that time. During the re -plat review process, ERD identified several conditions of approval, which would be applied to any subsequent proposals for lot -level development. The conditions were provided to the applicant in a separate letter, sent via certified mail, dated February 17, 2010. Recommendations Staff supports the recommendation of approval of the Savanna Plat #18 application. -2- AGENDA REQUEST ITEM NO. VI-G1 DATE: 3/02/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Glenn Henderson 7.1*1 SUBMITTED BY: Grants/Disaster Recovery Department Grants/Resource Developer SUBJECT: Forest Health Improvement Initiative for Heathcote Botanical Gardens — Grant Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to submit a grant application in the amount of $23,962 to the Florida Department of Agriculture and Consumer Services Division of Forestry, Forest Health Improvement Initiative Grant Program for expanding tree canopy at Heathcote Botanical Gardens. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) _ L/T"-- OMB Director Dan McIntyre Budget Analyst Grants/Disaster ( ) Recovery Dept. i iam Hoeffner O Marie Gouin Grants/Disaster Recovery �COUNTY Department MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants/Disaster Recovery Department Director4w FROM: Glenn Henderson, Grants/Resource Developer.U_ DATE: March 2, 2010 SUBJECT: Forest Health Improvement Initiative for Heathcote Botanical Gardens — Grant Application ITEM NO. VI-G1 Background: This agenda item is a request for Board authorization to submit a grant application to the Florida Department of Agriculture and Consumer Services Division of Forestry, Forest Health Improvement Initiative Grant Program to add trees on a county -owned parcel that is included in Heathcote Botanical Gardens' expansion plan. The total estimated project cost is $23,962. No matching funds are required for this grant. Heathcote Botanical Gardens will implement the program and issue a contract for services. Recommendation Board authorization to submit a grant application in the amount of $23,962 to the Florida Department of Agriculture and Consumer Services Division of Forestry, Forest Health Improvement Initiative Grant Program for expanding tree canopy at Heathcote Botanical Gardens. AGENDA REQUEST ITEM NO. VI-G2 DATE: 3/02/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Glenn Henderson,. SUBMITTED BY: Grants/Disaster Recovery Department Grants/Resource Developer SUBJECT: Florida Division of Emergency Management Citizen Corps Program — Grant Acceptance BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 22, 2009: Board approval of grant application submittal. RECOMMENDATION: Board approval of a grant contract with the Florida Division of Emergency Management Citizen Corps Program to accept a grant in the amount of $7,000 for the Citizen Corps Program and Board authorization for Chairman to sign the contract, as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director Dan McIntyre Budget Analyst Grants/Disaster ( ) Recovery Dept. it iam Hoeffner Marie Gouin ( ) Patty Marston Grants/Disaster Recovery Department MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants/Disaster Recovery Department Director4oW FROM: Glenn Henderson, Grants/Resource Developer DATE: March 2, 2010 SUBJECT: Florida Division of Emergency Management Citizen Corps Program — Grant Acceptance ITEM NO. VI-G2 Backaround: This agenda item is a request for the Board's authorization to accept a grant agreement between the Florida Division of Emergency Management (FDEM)'s Citizen Corps Program and St. Lucie County. The grant, in the amount of $7,000, is for the continuation of the St. Lucie County Citizen Corps Council. This grant does not require matching funds. The Council will continue to operate for a second year through a collaborative effort between St. Lucie County, Indian River State College (IRSC), the St. Lucie County Fire District, the St. Lucie County Sheriff's Office and the City of Port St. Lucie. St. Lucie County receives the state funds and subcontracts with IRSC to administer the program. The County's Grants/Disaster Recovery Department administers the FDEM grant. The Council brings together public safety agencies in St. Lucie County to encourage citizen participation in all -hazards emergency preparedness, disaster relief and community safety. The Council coordinates promotion and volunteer recruitment efforts for the local Citizen Corps partner programs, which support first responders through the use of trained volunteers. The partner programs include the following: • Civilian Emergency Response Team (CERT) • Medical Reserve Corps (MRC) • Neighborhood Watch • Civilian Observation Patrol (COP) In its first year, the Citizen Corps Program successfully initiated collaboration between the four partnering programs and assisted in the recruitment and training of more than 230 St. Lucie County residents in community preparedness, family safety measures and general safety precautions. Recommendation Board approval of a grant contract with the Florida Division of Emergency Management Citizen Corps Program to accept a grant in the amount of $7,000 for the Citizen Corps Program and Board authorization for Chairman to sign the contract, as approved by the County Attorney. TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: ITEM NO. VI-G3 DATE: 3/02/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Glenn Henderson Xt-- Grants/Disaster Recovery Department Grants/Resource Developer Florida Division of Emergency Management Citizen Emergency Response Team Program — Grant Acceptance See attached memorandum. N/A September 2, 2009: Board approval of grant application submittal. RECOMMENDATION: Board approval of a grant contract with the Florida Division of Emergency Management Citizen Emergency Response Team (CERT) Program to accept a grant in the amount of $11,000 for the CERT Program and Board authorization for Chairman to sign the contract, as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator County Attorney ( ) Dan McIntyre Grants/Disaster ( ) Recovery Dept. William Hoeffner Coordination/Signatures OMB Director ( ) ok& MadeGouin et Anal st Budg 4;� y ( ) Patty Marston COUNTY �' � - • F L O R I D A MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants/Disaster Recovery Department Director,��Zv FROM: Glenn Henderson, Grants/Resource Developer /,! DATE: March 2, 2010 SUBJECT: Florida Division of Emergency Management Citizen Emergency Response Team Program — Grant Acceptance ITEM NO. VI-G3 Background: This agenda item is a request for Board authorization to accept a grant agreement between the Florida Division of Emergency Management Citizen Emergency Response Team (CERT) Program and St. Lucie County in the amount of $11,000. This award will help pay for the continuation of the St. Lucie County CERT program, which will continue its fourth year of operation as a collaborative effort between St. Lucie County, Indian River State College (IRSC), the St. Lucie County Sheriff's Office, the St. Lucie County Fire District and the City of Port St. Lucie. The program will provide public safety training to 60 new emergency volunteers to deliver critical support to first responders, offer immediate assistance to victims and assist on non -emergency projects that help improve the safety of the community. In addition, a refresher advance course will be offered to 120 CERT members. Refresher training expands on the training received at the original class and keeps the volunteers interested in refining their skills. St. Lucie County receives the state funds and sub -contracts with Indian River State College to administer the program. Recommendation Board approval of a grant contract with the Florida Division of Emergency Management Citizen Emergency Response Team (CERT) Program to accept a grant in the amount of $11,000 for the CERT Program and Board authorization for Chairman to sign the contract, as approved by the County Attorney. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VII-A Date: March 2, 2010 Regular [ ] Public Hearing [X] Consent[ ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Ordinance No. 10-04 (f/k/a Ordinance No. 09-019) - Amending Land Development Code to Create Section 11.15.00, Land Development Code, to Establish Zoning/Planning in Progress Procedures BACKGROUND: See C.A. No. 10-0153 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: The March 2, 2010 public hearing is the first of two required public hearings. No action is required at this time. COMMISSION ACTION: [ ] APPROVED [ ] DENIED PSI OTHER: No Action County Attorney: Daniel S. McIntyre Originating Dept.: CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: Purchasing: Growth Mgmt: Other Mark Satterlee Finance (Check for Copy only, if applicable): INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-153 DATE: February 16, 2010 SUBJECT: Ordinance No. 10-04 (f/k/a Ordinance No. 09-019) - Amending the Land Develop Code to Create Section 11.15.00, Land Development Code, to Establish Zoning/Planning in Progress Procedures BACKGROUND: On March 2, 2010, the Board of County Commissioners will hold the first of two public hearings on proposed Ordinance No. 10-04 (f/k/a Ordinance No. 09-019). The proposed ordinance would amend the Land Development Code to create Section 11.15.00 (Zoning in Progress and Planning in Progress). The new section would establish procedures to temporarily suspend the review of certain applications for development orders and development permits, land use amendments and rezonings which may be affected by other proposed amendments or planning studies under consideration in an effort to develop and adopt a land- use strategy in response to a particular land development issue. Following the initiation of the process, the Board will hold a duly noticed public hearing to consider adoption of a Zoning in Progress resolution. If adopted, the resolution will be effective for up to one hundred twenty (120) days subject to extension by the Board. Within the time period established by the Board in the resolution, not to exceed ninety (90) days, County staff will present to the Planning and Zoning Commission and then to the Board a report on whether adoption of a temporary suspension ordinance is warranted. While the resolution remains in effect, no development order or permit, land use amendment or rezoning will be issued if the issuance would result in the nonconforming or unlawful use of the subject property in the event the temporary suspension, text amendment, rezoning or land use amendment under review is enacted by the Board. The resolution would apply to all such applications submitted on or after the effective date of the proposed ordinance. Following receipt of the staff report and recommendation, the Planning and Zoning Commission will hold a public hearing on the proposed temporary suspension ordinance and forward a recommendation to the Board of County Commissioners. Within thirty (30) days of the Planning and Zoning recommendation, the Board will hold its first public hearing on the ordinance followed by a second public hearing a minimum of ten (10) days later. The specific time frames set forth in the ordinance are intended to insure the process moves along without unnecessary delay once initiated. 1 TO: FROM: C.A. NO.: DATE: SUBJECT: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA Board of County Commissioners Heather Young, Assistant County AttorneyI'V 10-0277 March 2, 2010 Ordinance No. 10-004 - Zoning in Progress/Temporary Suspension Flow Chart Attached please find a flow chart which has been prepared to depict the Zoning in Progress/Temporary Suspension process as set forth in proposed Ordinance No. 10-004. If you have any questions, please don't hesitate to contact me. Attachment HY/ Copies to: County Administrator Growth Management Director Deputy Clerk ZONING IN PROGRESS FLOW CHART INITIATION OF ZIP BY BOARD c CO: Ti LFF S] INITIATION OF ZIP BY OTHERS SUBMISSION HEARD BY THE BOARD APPROVED DENIED ZIP RESOLUTION IN EFFECT 90 DAYS , PRESENT TO THE P&Z IMISSION ITS REPORT AND PROPOSED MPORARY SUSPENSION ORDINANCE' - FOR RECOMMENDATION 30 DAYS 1ST HEARING BEFORE BOARD lw 10 DAYS 2ND HEARING BEFORE BOARD APPROVED ADENIED TEMPORARY SUSPENSION ORDINANCE IN EFFECT C0C1NT� F E O R I D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Growth Management Department ITEM NO. VII-B DATE: 3/2/2010 REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASWD (X ) CONSENT ( ) PRESENTED B Linda Pendarvis Planner Resolution No. 10-001 - Petition of Majesty, LLC for a Conditional Use Permit. See attached memorandum. N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board adoption of Resolution No. 10-001 granting a Conditional Use Permit with limiting conditions, as outlined in the agenda memorandum. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Motion to continue to 04/0612010 at 6:00p.m. or as soon thereafter as possible. Coordination/Signatures County Attorney ( X) —'^ ns►^4 Daniel S. McIntyre County Engineer ( X) /NCNB Michael Powley Originating Dept. ( X ) Mark Saftgriee CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Surveyor ( X) Ron Harris ERD ( X) L K en Smith The proposed ordinance provides for the Board to include waivers in both the resolution and the temporary suspension ordinance for applicants which are able to show a proposed development complies with the existing land development code, satisfies the objective of the Board in ordering a temporary suspension, and will not hinder the Board's intent in adopting the underlying proposed amendment to the land development code. The ordinance also exempts building permits for non substantive items such as fences and repairs if the County Administrator determines the issuance of the building permit will not affect the outcome of the planning study. The Board may also provide for additional exemptions and related procedures within a temporary suspension ordinance. Finally, the ordinance provides that no applications for variances, changes of zoning, development orders, development permits, preliminary plats, land use amendments or rezonings will be acted upon during the existence of a temporary suspension ordinance unless otherwise specifically provided in the temporary suspension ordinance. The Planning and Zoning Commission/Local Planning Agency held public hearings on the proposed ordinance on July 16, 2009, September 24, 2009, October 15, 2009 and November 19, 2009. At the conclusion of the November public hearing, the Planning and Zoning Commission/Local Planning Agency voted 3-3 on a motion to recommend approval of the proposed ordinance. Copies of the proposed ordinance and the Planning and Zoning Commission/Local Planning Agency minutes are attached to this memorandum. Notice of the March 2, 2010 public hearing was published in the St. Lucie News Tribune on February 11, 2010. A second public hearing will be held on March 16, 2010 at 6:00 p.m. or as soon thereafter as may be heard. RECOMMENDATION/CONCLUSION : The March 2, 2010 public hearing is the first of two required public hearings. No action is required at this time. Respectfully submitted, Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Growth Management Director 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 ORDINANCE NO. 10-004 (F/K/A Ordinance No. 09-019) AN ORDINANCE OF ST LUCIE COUNTY, FLORIDA, AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, BY CREATING SECTION 11.15.00 (ZONING IN PROGRESS AND PLANNING IN PROGRESS); CREATING SECTION 11.15.01 (PURPOSE AND APPLICABILITY); CREATING SECTION 11.15.02 (INITIATION); CREATING SECTION 11.15.03 (BOARD ZONING IN PROGRESS RESOLUTION REVIEW AND DECISION); CREATING SECTION 11.15.04 (EFFECT OF ZONING IN PROGRESS RESOLUTION); CREATING SECTION 11.15.05 (COUNTY STAFF REVIEW, REPORT AND RECOMMENDATION); CREATING SECTION 11.15.06 (PLANNING AND ZONING COMMISSION REVIEW AND RECOMMENDATION); CREATING SECTION 11.15.07 (BOARD TEMPORARY SUPSENSION ORDINANCE REVIEW AND DECISION); CREATING SECTION 11.15.08 (WAIVERS); CREATING SECTION 11-15.09 (VESTED RIGHTS); CREATING SECTION 11.15.10 (EXEMPTIONS); CREATING SECTION 11.15.11 (VARIANCES, CHANGE OF ZONING OR PRELIMINARY PLATS DURING TERMPORARY SUSPENSION); PROVIDING FOR SEVERABILITY, CODIFICATION, FILING WITH DEPARTMENT OF STATE, AN EFFECTIVE DATE, AND ADOPTION. 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 5:\atty\ordnance\2010\10-004.doc Rev. 2.11.10 91-09 - May 14, 1991 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 91-21 - November 7, 1991 92-17 - June 2, 1992 93-01 - February 16,1993 93-03 - February 16,1993 93-05 - May 25, 1993 93-06 - May 25, 1993 93-07 - May 25, 1993 94-07 - June 22, 1994 94-18 - August 16, 1994 94-21 - August 16, 1994 95-01 - January 10, 1995 96-10 - August 6, 1996 97-01 - March 4, 1997 97-09 - October 7, 1997 97-03 - September 2, 1997 99-01 - February 2, 1999 99-02 - April 6, 1999 99-03 - August 17, 1999 99-04 - August 17, 1999 99-05 - July 20, 1999 99-15 - July 20, 1999 99-16 - July 02, 1999 99-17 - September 7, 1999 99-18 - November 2, 1999 00-10 - June 13, 2000 00-11 - June 13, 2000 00-12 - June 13, 2000 00-13 - June 13, 2000 01-03 - December 18, 2001 02-05 - June 24, 2002 02-09 - March 5, 2002 02-20 - October 15, 2002 02-29 - October 15, 2002 03-05 - October 7, 2003 04-02 - January 20, 2004 04-07 - April 20, 2004 04-33 - December 7, 2005 05-01 - March 15, 2005 05-03 - August 2, 2005 05-04 - August 2, 2005 05-07- January 18, 2005 05-16 - August 16, 2005 05-23 - September 20, 2005 06-05 - April 18, 2006 06-13 - June 6, 2006 06-22 July 18, 2006 06-30 - September 12, 2006 06-40 - August 1, 2006 06-47 - December 5, 2006 07-11 - February 6, 2007 07-15 - May 1, 2007 07-17 - June 5, 2007 07-32 - November 6, 2007 08-04 - March 11, 2008 08-08 - June 17, 2008 08-012 - September 12, 20008 08-025 - September 14, 2009 09-003 - January 20, 2009 09-012 - May 19, 2009 3. On July 16, 2009, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing. The hearing was continued to September 24, 2009, at which time the Local Planning Agency/Planning and Zoning Commission further continued the public hearing to October 15, 2009. On October 15, 2009, the Local Planning Agency/Planning and Zoning Commission continued the public hearing to November 19, 2009. On November 19, 2009, the Local Planning Agency/Planning and Zoning Commission voted 3-3 to recommend the Board of County Commissioners adopt 5: \atty\ordnance\ 2010\10-004.doc Rev. 2.11.10 Page 2 I the proposed ordinance. 2 3 4. On 2010, this Board held its first public hearing on the 4 proposed ordinance, after publishing a notice of such hearing in the St. Lucie News 5 Tribune on , 2010. 6 7 5.On 2010, this Board held its second public hearing on the 8 proposed ordinance, after publishing a notice of such hearing in the St. Lucie News 9 Tribune on , 2010. 10 11 6.The proposed amendments to the St. Lucie County Land Development Code are 12 consistent with the general purpose, goals, objectives and standards of the St. Lucie 13 County Comprehensive Plan and are in the best interest of the health, safety and public 14 welfare of the citizens of St. Lucie County, Florida. 15 16 7. The St. Lucie County Board of County Commissioners (the "Board") has 17 determined that the consideration of future amendments to the County's Land 18 Development Code and Comprehensive Plan ("amendments"), as well as any comprehensive 19 zoning and planning analyses ("analyses") requested by the Board, the County 20 Administrator, the Planning and Zoning Commission , or the County Attorney, must occur in 21 a deliberative environment which is conducive to a thoughtful review of either the 22 proposed amendments or analysis and the effective implementation of any amendments 23 which may be enacted; and 24 25 8. The Board has further determined that the filing and review of certain 26 applications for "development orders" and "development permits" (as defined by Section 27 163.3164, Florida Statutes) or land use amendments or zoning atlas changes which may be 28 affected by either the proposed amendments which are not otherwise "pending" at the 29 time of the initiation of the proposed amendments or the proposed analyses shall result in 30 an inappropriate expenditure of County resources and might undermine the implementation 31 of any amendments which are subsequently enacted by the Board; and 32 33 9. The Board seeks to eliminate the potential for such a conflict and ensure that 34 all residents, property owners, and interested parties are both apprised of the Board's 35 consideration of either the proposed amendments or the proposed analyses and provided 36 with clear direction as to how consideration of either the amendments or the analyses 37 shall impact the filing and subsequent processing of certain applications for development 38 orders and development permits; and 5:\atty\ordnance\2010\10-004.doc Rev. 2.11.10 Page 3 1 2 10. The Board wishes to provide property owners with a procedure whereby they 3 may assert that certain 'vested rights" which they claim to possess are abrogated as a 4 result of the "Zoning In Progress" and/or "Planning In Progress" (collectively, "Zoning in 5 Progress") requirements enunciated herein. 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 8 COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS' 9 10 PART A. Recitals Adopted. Each of the above recitals is hereby adopted and confirmed. it 12 PART B. The St. Lucie County Land Development Code is hereby amended to read as 13 follows: 14 15 CHAPTER XI 16 ADMINISTRATION AND ENFORCEMENT 17 18 SECTION 11.15.00 ZONING AND PLANNING IN PROGRESS 19 20 Section 11 15 01 Purpose and Applicability. 21 22 The purpose of providing for a temporary suspension on the processin of 23 applications for development orders development permits, or land use amendments or 24 zoning atlas changes after the initiation of either proposed amendments to the County's 25 Land Development Code and/or Comprehensive Plan or the initiation of Comprehensive 26 Zoning and Planning Analyses is to preserve the "status quo" for a reasonable time while 27 the County develops and adopts a land use strategy to respond to new or recentl 28 perceived problems The temporary suspension prevents developers and property owners 29 from developing land under current land use rules that the community may be in the 30 process of changing By so doing a temporary suspension helps to accomplish the public 31 purpose behind any new rules that are eventually adopted by preventing development that 32 may immediately become nonconforming upon adoption of new rules and allowing adequate 33 time to conduct a comprehensive growth management study which will be used to assist 34 the Board in implementing needed changes to the Land Development Code or the 35 Comprehensive Plan. 36 37 s:\atty\ordnance\2010\10-004.doc Rev. 2.11.10 Page 4 Section 11.15.02 Initiation. 3 A. The Board may initiate a Zoning in Progress or Planning in Progress resolution 4 on its own initiative or 6 B. The County Administrator the Planning and Commission the Growth 7 Management Director, or the County Attorney may file a request with the Board for a 8 Zoning in Progress or Planning in Progress" Resolution." All references herein to "Zoning 9 in Progress" shall include "Planning in Progress" where appropriate The request shall be 10 made in writing and shall be accompanied by a County staff report evaluating the need for 11 a revision to the Land Develo Dment Code and the area or areas within the County that will 12 be affected. Such report shall contain a recommendation as to (1) the need for a 13 Resolution of the Board of County Commissioners declaring a "Zoning in Progress" or 14 "Planning in Pro ress" as a propriate and 2 need for the adoption of a formal temporary 15 suspension on the processing of certain applications for development orders development 16 Permits, land use amendments and Official Zoning Atla=ges. 17 18 Section 11.15.03. Board Zoning in Progress Resolution Review and Decision 19 20 A. The Board shall review the request for a Zoning in Progress Resolution at 21 the next available regularly scheduled meeting following the submittal of the request 22 Notice of the Board's intent to review the reguest shall be properly advertised in a 23 newspaper of general circulation in St Lucie County not more than ten (10) nor less than 24 five (5) days before the date of the meeting The notice shall include: the date time and 25 place of the meeting' a description of the subject matter that will be discussed at the 26 meeting; the title of the proposed resolution; and the place or places in the County where 27 such resolution may be inspected by the public 28 29 B. In response to the request the Board shall make preliminary findings and 30 accordingly, approve, approve with conditions or modifications or deny the proposed 31 Zoning in Progress Resolution 32 33 C. Should the Board determine that a temporary suspension of certain pending 34 applications for development orders development permits land use amendments zoning 35 atlas changes, or anv other ermits or approvals issued by the County is reasonably 36 necessary or desirable pending the contemplated amendments or analyses it shall 37 38 1. Approve the Zoning in Progress Resolution; and 5:\atty\ordnance\2010\10-004.doc Rev. 2.11.10 Page 5 2 2. Order a fixed time, not to exceed 90 days, within which County staff 3 shall present to the Planning and Zoning Commission and the Board its report, a proposed 4 ordinance, and recommendations relating to the proposed temporary suspension. 6 D. The Zoning in Progress Resolution shall be in effect for a period not to 7 exceed one hundred twenty (120) days after the first regularly scheduled Board meeting 8 at which the Resolution is adopted by the Board, unless an extension not exceeding forty 9 (40) days is ordered pursuant to Subsection 11.15.03.F below. 10 11 E. Subject to the notice requirements set forth above in Subsection 12 11.15.03.A, the Board on its own motion or otherwise may extend any Zoning in Progress 13 Resolution for a longer period of time if reasonably necessary and the public interest 14 requires. 15 16 F. Should County staff be unable to report back to the Board within the time 17 prescribed in the Resolution, upon timely request by County staff and after a public 18 hearing on the request duly noticed as set forth above, the Board may extend the time 19 limitation one time for a period not to exceed forty (40) days. 20 21 G. Upon adoption of the Zoning in Progress Resolution, the County Attorney 22 shall publish the adopted resolution in a newspaper of general circulation published in the 23 County, within ten (10) days following the date of adoption. 24 25 Section 11.15.04. Effect of Zoning in Progress Resolution. 26 27 A. After the passage of the Zoning in Progress Resolution but prior to final 28 action by the Board on the related temporary suspension ordinance, no development orders 29 or development permits of any kind, or any land use amendments or zoning atlas changes 30 shall be issued if their issuance would result in the nonconforming or unlawful use of the 31 subject property should the temporary suspension, text amendment, zoning district 32 change or land use amendment, be finally enacted by the Board. 33 34 B. The Zoning in Progress Resolution shall apply to all "pending" applications for 35 development orders or development permits of any kind, as well as any land use 36 amendments or zoning atlas changes. For purposes of this section, "pending applications" 37 shall include all applications for development orders or development permits of any kind as 38 well as any land use amendments or zoning atlas changes which are submitted on or after 5:\atty\ordnance\2010\10-004.doc Rev. 2.11.10 Page 6 1 the effective date of this Ordinance. Applications which have been previously withdrawn 2 and which are re -submitted after the passage of the Zoning in Progress Resolution shall 3 also be subject to the application of this Ordinance, and the Growth Management Director 4 may deem any applications to have been withdrawn if there is no evidence of the 5 application having been pursued by the applicant for a period of time in excess of three (3) 6 months. 7 8 C. The period of time of such freeze on the issuance of development orders or 9 development permits shall begin on the earlier of: 10 11 1. Board adoption of the Zoning in Progress Resolution; or 12 13 2. Notice has been given as required by law of the initial public hearing 14 before the Planning and Zoning Commission on the proposed amendment to the Land 15 Development Code and/or Comprehensive Plan. 16 17 Section 11.15.05. County Staff Review, Report and Recommendation. 18 19 A. In the event the Board determines a temporary suspension is necessary to 20 give County staff sufficient time to complete planning studies or other analysis prior to 21 instituting an amendment to the Land Development Code and/or Comprehensive Plan, the 22 Board, as part of the Zoning in Progress Resolution, shall direct County staff to prepare a 23 temporary suspension ordinance. 24 25 B. In accordance with the schedule set forth by the Board in the Resolution, 26 County staff shall first report to the Planning and Zoning Commission and then the Board 27 with its ordinance and recommendations regarding the temporary suspension and its scope. 28 29 C. The County staff report shall: 30 31 1. Provide a detailed report indicating whether the proposed zoning 32 and/or Comprehensive Plan changes are necessary. 33 34 2. Provide a recommendation as to whether the proposed temporary 35 suspension ordinance should be approved, approved with conditions, or denied. 36 37 3. Request permission to advertise the temporary suspension ordinance 38 for hearing before the Planning and Zoning Commission on a date certain. 5:\atty\ordnance\2010\10-004.doc Rev. 2.11.10 Page 7 1 2 4. Provide notice of the Planning and Zoning Commission hearing in 3 accordance with Section 11.00.03. 4 5 Section 11 15 06 Planning and Zoning Commission Review and Recommendation. 6 7 The Planning and Zoning Commission shall: 8 9 A. Review the proposed temporary suspension ordinance at a duly noticed public 10 hearing The public hearing shall be continued no more than one time to the next regularly 11 scheduled meeting of the Planning and Zoning Commission. 12 13 B. Make a recommendation to the Board with regard to whether the proposed 14 temporary suspension ordinance should be approved approved with conditions, or denied. 15 16 Section 11 15.07. Board Temporary Suspension Ordinance Review and Decision. 17 18 A. Upon receipt of the resort and recommendation of County staff and the 19 Planning and Zoning Commission the Board shall review the report and recommendations at 20 two public hearings noticed in accordance with Subsections 11.00.03.A. B.1. and B.3. 21 22 B. The Board shall hold the first public hearing within thirty (30) days 23 following the Planning and Zoning Commission's recommendation. 24 25 C. The Board shall hold a second public hearing at least ten (10) days after the 26 first public hearing Following the second hearing the Board shall adopt, adopt with 27 modifications or deny the proposed temporary suspension ordinance. 28 29 D. The Board may, upon request by County staff, amend the scope and timing of 30 the temporary suspension as needed. 31 32 E. The Board shall consider such amendments to the Land Development Code as 33 are appropriate. 34 35 36 37 38 5:\atty\ordnance\2010\10-004.doc Rev. 2.11.10 Page 8 Section 11.15.08. Waivers If the Board has provided for waivers in the ordinance adopting a temporary suspension, the Board may grant a waiver of the temporary suspension where the applicant can show the following: 7 A. The proposed development complies with the existing land development 8 regulations. 10 B. The proposed development satisfies the objective of the Board in ordering a 11 temporary suspension. For example if the Board is considering increasing the minimum 12 setback in a residential zoning district by two (2) feet and the applicant demonstrates 13 that it complies with the proposed modification to the setback the Board may grant a 14 waiver of the temporary suspension 15 16 C. The waiver will not hinder the intent of the Board in its proposed 17 amendment to the Land Development Code 18 19 Section 11.15.09. Vested Rights. 20 21 If the Board has provided for vested rights in the ordinance adopting a temporary 22 suspension, a property owner may apply for a Vested Rights determination as set forth in 23 Section 11.09.03. 24 25 Section 11.15.10. Exemptions. 26 27 Notwithstanding the adoption of a temporary suspension ordinance the County 28 Administrator may authorize the issuance of building permits for nonsubstantive items 29 including, but not limited to fences repairs and similar matters where (s)he determines 30 that such permit will not affect the outcome of the planning study; provided however, 31 that with regard to any particular temporary suspension the Board may by ordinance 32 increase or decrease allowable exemptions and may by ordinance provide either a 33 supplemental or exclusive procedure for acting upon requests for exemptions Such 34 procedure may vest jurisdiction and responsibility for acting upon requests for exemptions 35 in the County Administrator or any County administrative or quasi judicial body or board 36 37 38 5:\atty\ordnance\2010\10-004.doc Rev. 2.11.10 Page 9 I Section 11.15.11. Variances, Change of Zoning or Preliminary Plats During 2 Temporary Suspension. 3 4 During the existence of any Temporary Suspension Ordinance, no applications for 5 variances, changes of zoning, development orders, development permits or preliminary 6 plats. land use amendments or zoning atlas changes within the affected area shall be acted 7 upon by any County agency, or unless otherwise specifically provided by the Board by 8 ordinance with regard to a specific temporary suspension. 9 10 PART C. CONFLICTING PROVISIONS. 11 12 Special acts of the Florida legislature applicable only to unincorporated areas of St. 13 Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with 14 this ordinance are hereby superseded by this ordinance to the extent of such conflict. 15 16 PART D. SEVERABILITY. 17 18 If any portion of this ordinance is for any reason held or declared to be 19 unconstitutional, inoperative, or void, such holding shall not affect the remaining portions 20 of this ordinance. If this ordinance or any provision thereof shall beheld to be 21 inapplicable to any person, property, or circumstance, such holding shall not affect its 22 applicability to any other person, property, or circumstance. 23 24 PART E. APPLICABILITY OF ORDINANCE. 25 26 This ordinance shall be applicable in the unincorporated area of St. Lucie County. 27 28 PART F. FILING WITH THE DEPARTMENT OF STATE. 29 30 The Clerk be and is hereby directed forthwith to send a certified copy of this 31 ordinance to the Bureau of Administrative Code and Laws, Department of State, The 32 Capitol, Tallahassee, Florida 32304. 33 34 PART G. EFFECTIVE DATE. 35 36 This ordinance shall take effect , 2010. 37 38 5:\atty\ordnance\2010\10-004.doc Rev. 2.11.10 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Charles Grande XXX Vice Chair Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX PART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be re -numbered or re -lettered to accomplish such intention; provided, however, that parts A and C through I shall not be codified. PASSED AND DULY ADOPTED this day of , 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney 5:\atty\ordnance\2010\10-004.doc Rev. 2.11.10 Page 11 l 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 45 46 47 St. Lucie County Planning and Zoning Commission/Local Planning Agency Commission Chambers, 3rd Floor, Roger Poitras Annex July 16, 2009 Regular Meeting 6:00 P.M. A compact disc recording of this meeting, in its entirety, has been placed in the file along with these minutes as part of the record. In the event of a conflict between the written minutes and the compac disc, the compact disc shall control. 1. Call to Order Chairman Mundt called the meeting to order of 6:04 p.m. A. Pledge of Allegiance B. Roll Call Craig Mundt...................................Chairman Barry Schrader ............................ Vice Chair Susan Caron ............................... Commission Member Brad Culverhouse, Arrived .6:25 .. Commission Member Pamela Hammer ......................>.. Commission Member Stephanie Morgan ....................... Commission.:Member Britt Reynolds .............................. Commission. Member Members Absent Edward Lounds ................... .....Unable to attend Kathryn Hensley........ ........... Unable to attend ;lohri O'Neill' ..................... ....No response Staff Present Christopher. Steers ..................Assistant County Administrator Mark Satterlee ............................. Director, Growth Management Robin Meyer ................................ Assistant Director, Growth Management Hea#her Young ............................ Assistant County Attorney Dawn Milone ........................... Recording Secretary Others Present Johnathan Ferguson .................Attorney and Resident of St. Lucie County C. Announcements None. D. Disclosures None. 1 1 2 II. Minutes 3 Review the minutes from the June 18, 2009 regular meeting, for 4 approval. 5 6 Mrs. Hammer motioned to approve the minutes with minor corrections. 7 8 These corrections have been made. 9 10 Vice Chair Schrader Seconded. I1 12 The motion carried unanimously. 13 14 Chairman Mundt introduced to the Commission St. LUcie County's new Assistant 15 County Administrator Christopher Steers. 16 17 III. Public Hearings 18 19 A. Ordinance No. 09-019 20 An ordinance establishing regulations setting forth. the procedure for Zoning in 21 Progress and Planning in Progress and application of same; providing for 22 application of exemption for same; providinig for a 'p' cedure to assert property 23 owner rights; providing for durations.; and providing for an effective date. 24 25 Ms. Young, Assistant -County Attorney stated that the purpose for this ordinance is to 26 provide for a temporary suspension of various development permit applications when 27 the county is considering .proposed changes to the Land Development Code, 28 Comprehensive Plan, Zoning .Atlas and Plan nmg Analyses to establish a procedure so 29 the county can have a '!status quo" in placewhile the above items are being reviewed if 30 it appears that what is being proposed would change the conditions of the development 31 applications. 32 33 Ms. Young stated that this is a two (2) step process. The first is Zoning in Progress 34 (ZIP) or Planning in Progress (PIP) which is when an issue may be identified with the 35 Board initiating the :process. The County Administrator, Planning and Zoning 36 Commission, Growth Management Director or the County Attorney can bring the issue 37 to a Board to request a ZIP or PIP resolution be adopted. 38 39 Ms. Young gave details of the time table of this process to the Commission stating that 40 a Temporary Suspension Order (TSO) would go through the standard ordinance 41 adoption procedure. If the TSO was adopted it would suspend most pending 42 applications while the Board is considering whether the proposed amendments would 43 be adopted. 44 1 Mr. Satterlee, Growth Management Director stated this would be a useful tool not 2 something that would be used a lot and this option is a better alternative than declaring 3 a moratorium which creates uncertainty and apoplexy among all involved. 4 Chairman Mundt opened the public hearing. 5 6 Johnathan Ferguson, Attorney and resident of St. Lucie County opposed this ordinance. 7 He stated that this was one of the lousiest ordinances the county has come up with, 8 sending a horrible message to anyone thinking of developing in St. Lucie County. 9 10 Chairman Mundt closed the public hearing. 11 12 Staff and the Commission had a lengthily discussion regarding the pros and cons of this 13 proposed ordinance. 14 15 Ms. Morgan motioned to return this document back to stafffor further refinement 16 and to continue this item to September 17, :2009 at 6:00 p.m. or as soon thereafter 17 as possible. 18 19 Vice Chair Schrader seconded. 20 The motion carried unanimously. 21 22 IV. Other Business 23 24 Mr. Satterlee updated the Commission on Senate Bill 360. He also informed the 25 Commission that Chapters 10, 11 and 12 of the St. Lucie County Land Development 26 Code is temporarily being put on hold in order for Mr. Steers to become familiar with the 27 process. 28 29 Chairman Mundt asked if Mr. O'Neill responded to this month's quorum call and 30 questioned his number of absences. 31 32 Ms. Milone believed he did not. 33 34 Mr. Mundt will speak to Commissioner Dzadovsky regarding this matter. 35 36 V. Adjourned 37 38 There being no further business, the meeting was adjourned at 7:20 p.m. 3 e 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 St. Lucie County Planning and Zoning Commission/Local Planning Agency Commission Chambers, 3rd Floor, Roger Poitras Annex October 15, 2009 Regular Meeting 6:00 p.m. A compact disc recording of this meeting, in its entirety, has been placed in the file along with these minutes as part of the record. in the event of a conflict between the written minutes and the compac• disc, the compact disc shall control. Call to Order Chairman Mundt called the meeting to order at Pledge of Allegiance Roll Call Craig Mundt ............................ ... Bart' Schrader.............................Vic Britt Reynolds...............................Co Tod Mowery...... Arrive` •05.......Cc Pamela Hammer........... Co Susan Caron ................... ...... Kathryn Hensley ..........................,se None. D. Disclosures None. II. Minutes .Excused Absence i used Absence xcused Absence a....�.............Director, Growth Management :.............Assistant Director, Growth Management .........: ::..................Assistant County Attorney :h ..........................Planning Manager, Growth rs^^k ............................. Recording Secretary 1 I Review the minutes from the September 24, 2009 regular meeting, for 2 approval. 3 4 Chairman Mundt and Mrs. Hammer had a few corrections. 5 6 These corrections have been made. 7 8 Mrs. Hammer motioned to approve the minutes. 9 10 Mr. Schrader Seconded. 11 12 The motion carried unanimously. 13 14 Ill. Public Hearings 15 16 A. Ordinance No. 09-019 Zoning In Pr messF NMI. 17 An ordinance establishing regulations 96 1 rth :procedure 0'zoning in 18 Progress and Planning in Progress and a 4`6f same; providing for 19 application of exemption for same; providing fo rocedure to assert property 20 owner rights; providing for duratiol, an effective date. ,i%..,and providin 21t. 22 Ms. Young, Assistant County Attorney"a dvertise t for Ordinance No. 09- 23 019 was incorrect. The County Atto y's ill -advertise and place the 24 ordinance on the Novem*..19 2009 Pla 'Ji nd Commission agenda. ORR,, 25 26 Chairman Mundt Ms.Yo discussecwhether to open the public hearing and 27 continue to a date("d 28 29 Ms.Young sti. ere w ne 4 e public hearing. 30 ARM.* 31 IV, OTtl _R BUSIN 32 33 A. 6%th Manage t DI ctor Comments 34 R WIN, NO 35 Mr. Satterlee at th.,N` nd of December he was going to be moving forward at the Ix 36 informal meetingproposed policy on implementing the extension provisions for 37 the two (2) year sta _ry extension provisions of Senate Bill 360. The recommendation 38 will be to extend th provision with the proper application and fee paid. 39 40 B. Other business at thediscretion of the Planning and Zoning Board 41 Members. 42 43 None. 44 45 V. Adjourned 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 St. Lucie County Planning and Zoning Commission/Local Planning Agency Commission Chambers, 3`d Floor, Roger Poitras Annex November 19, 2009 Regular Meeting 6:00 p.m. In the event of a conflict between the written minutes and the compact disc, the compact disc shall control. I. Call to Order Chairman Mundt called the meeting to orde A. Pledge of Allegiance B. Roll Call Craig Mundt ......................... � Chairman Tod Mowery .......... arrived 7 35 , {Gommiss Pamela Hammer left 9:50 ...... U,-- ass il Susan Caron.... 62' 5 Cor"tssi Brad Culverhouse Comn>rss Edward Lounds ........ ..: Commiss� Stephani lic�rgan .... .. missi Kathrvr y ��U5l ..... o Member Member Member Member Member ftber Membexs.Absent*,. s Barry ScSider. . , aVice Chair (excused) Fitt Reynod ..� .., ammission Member (excused) Staff Present Mark Satted*e . ,............... Director, Growth Management f3obin ..........Assistant Director, Growth Management Heather Young ........................... Assistant County Attorney Kara -Wood ..... ......................... Planning Manager, Growth Management Heather:;LuekQ .......................... Assistant County Attorney Linda Pendaim's........................... Planner, Growth Management Britton Wilson .............................. Sr. Planner, Growth management Dawn Milone................................ Recording Secretary C. Announcements None. D. Disclosures 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Mr. Culverhouse stated he had a discussion with Commissioner Grande, this afternoon regarding the agenda. 11. 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. 09-019k stab Procedures An ordinance establishing reguldti" n Progress and Planning. in Progrds application of exerppition or,,same; p owner rights; proylia ng for c]>tirations; procedure for Zoning in of same; providing for cedure to assert property an effective date. Ms. Young, Assistant 0-6bnty Aftbrney. statedtbat this item was heard on July 16, 2009, the Commission rid staff= de di3d #ti fake it I#ck for review and attempt to clarify the procedurees in thb `rinance The purpose #o� this ordinance is to provide for a ij`temporar suspension -of vanbUt.-development permit applications when the county is considering proposed changes to tbe Land Development Code, Comprehensive Plan, Zoning Atlas end PlanningA0,alyses dlestablish a procedure so the county can have a "status quo" in' place while th&above items are being reviewed if it appears that what is being proposed would chanselhe conditions of the development applications. Ms. Young stated the t-evis6bl ordinance was reformatted, mainly containing the same text. 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 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 Mr. Culverhouse stated, why not just declare a moratorium. Mr. Satterlee, Growth Management Director stated a moratorium is mainly used in unusual circumstances and can last up to eighteen (18) months. The difference between this ordinance and a moratorium is the ordinance would provide clarity, process, timeline, requires the county to take certain action, and a report. Mr. Satterlee feels this ordinance is a superior process as opposed to a moratorium. Mr. Culverhouse disagreed. Chairman Mundt opened the public hearing. Mr. Johnathan Ferguson, Land Use Attorney in SteEL staff, stating in July he stated that this was a lousy`ord that. He feels the ordinance was poorly draftpi Mr. Ferguson feels that this is a lousy polity. The I down most projects and the time limits are gwing tt carte blanch to continue for as loit as they thinkVhe constitutional muster. He feels the tszn internal ini my issued an apology to He did not mean to imply ge in tho�irdinance will shut sd of Coun Commissioners get away wit)i--and still pass ;ency with the language. Mr. Ferguson respectfully disagreed ►'th Mf Satterlee`s comments above. He feels the r message this ordmange,As telling the property earners grad, building community that there is no certainty 4u i re always s jecta beifig �s ut Clown upon the whim of the Board if County C66%. issionftjor no def�taeGl, easons t er than a perceived problem, which may or may raotTbe a problem and the fact that you may end up with non- conforming uses. Mr. Ferguson stated :_more# ftums are ;;-extraordinary remedies to perceived major problems, The County�ommission should not have the ability to willy-nilly impose moratoridr on individdat _prole"cts,, individual properties or individual areas of the county. He #eels it sends a teTr'ible message and all things being equal will automatically send any propq d developij ent to either one of the cities. He stated again it is an incredibly lousy policy, not 1s61re, who is driving it or why it is needed. He does not perceive the problerxis in the bounty. The one instance where there was perceived to be a major problem for aAarge afea of the north county, during the initial stages of the TVC review the Board of County` Commissioners adopted a moratorium through the normal process. Mr. Ferguson feels there is no need to adopt a policy like this. The county has the legal ability to adopt moratoriums in the appropriate situations. Ms. Young clarified that the intent was that no applications would be accepted after the temporary suspension ordinance was adopted not the ZIP period. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ms. Young stated that Mr. Satterlee and she would be happy to sit down with Mr. Ferguson and go over some of the internal issues that may be needed to clarify in the ordinance. Mr. Lounds commented that he was not comfortable with the ordinance if it is designed to limit and give broad breathing periods for movements west of the urban service area, there is a need to talk about it some more, if it is not designed for that please convince him otherwise. Mr. Satterlee stated it was not designed for any one circumstance in mind. It was designed to respond to circumstances that cannot be antaciipated. Chairman Mundt closed the public hearing. Mrs. Hammer motioned to recommend approval of Ordinance No. 09-019 and forward to the Board of County CommisWdners with the,*caveat that we ask that some time be set aside for staff to meetW" th Mr. Ferguson to�adldress his issues. Ms. Caron seconded. Roll Call Mr. Wyatt, Mr. Tedder, Mr. Crum and Mr. Hamilton spoke in opposition to the project. Mr. Trias agreed to conduct a neighborhood meeting prior to February 18, 2010. Mrs. Hammer motioned after considering the testimony presented during the public hearing especially staff comments, I hereby move that the Local Planning Agency continue the public hearing of the application for preliminary PTV site plan approval for the development know as Villages of Sunset Lakes to resolve 11 GROWTH MANAGEMENT DEPARTMENT PLANNING MEMORANDUM TO: Board of County Commissioners THROUGH: Robin istant Director of Growth Management Kristin Tetsworth, Planning Mana gr FROM: Linda Pendarvis, Planne DATE: March 1, 2010 SUBJECT: Addendum to Agenda Item VII-B The attached documents are an addendum to the petition of Majesty, LLC for a Conditional Use Permit to allow the on premise consumption of beer and wine as accessory to the social event function hall in the CG (Commercial, General) Zoning District. The Conditional Use Permit requires notices to be sent to property owners within a 500 foot radius. Since the Growth Management Department submitted the staff report to the Board for consideration at the public hearing, staff has received response forms from the properties indicated on the attached map and list. Staff also included a letter that was received on February 25, 2010 from the applicant's attorney requesting that the name of the project be changed to "St. Lucie Banquet and Social Hall". Please let me know if you have any questions. RICKEY L. FARRELL, ATTORNEY AT LA`X; P.A. 1595 S.E. PORT S- . LUCIE BOULEVARD PORT ST. LUCIE, FLORIDA 34952 (772) 335-5455 (772) 335-2503 FAX February 23, 2010 Linda Pendarvis St. Lucie County Growth Management Department 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Majesty, LLC/X-treme Function Hall Dear Linda: I have met with my client subsequent to the neighborhood meeting to review some of the comments made by the people that attended the meeting. There seemed to be great concern over the name, "X-treme Function Hall" and a number of people requested that the name be changed so that it did not cause the perception of a location where unacceptable activities aught occur. Accordingly, my clients intend to change their name from X-treme Function Hall to St. Lucie Banquet and Social Hall. There were also several comn •. nts made about making efforts to minimize the noise generated by air conditioning equipment. My clients advised me that they are willing to take reasonable steps in order to minimize noise impacts on the neighborhood not only from the air conditioning, but also from any music or activities that might take place inside the building. Several people had questions about fencing in order to discourage participants at the facility from wandering into the neighborhood. My clients are willing to put a fence around the back of the property along the property lines in order to accommodate this request. Our engineer advises that there may be some problems with this because of the slope of the ground, however, the clients intend, so long as it is feasible and reasonably cost effective, to try and satisfy the concerns of the neighbors. Should you or anyone else have any questions, you are welcome to contact me at your convenience. Sincerely, Rickey L. Farrell RLF/tnsg cc: Velcon Group, Inc. 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LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of 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 A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division - ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: February 26, 2010 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) W Address: Date: vi 1 Zz -o%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. COMME Project ,✓ 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 A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: February 26, 2010 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 (;y �i f L E�Y 1 Address: 22j bJd key �,t�e`V C T,�rce. �L 31152- i Date: Signed: /: f 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' l��y ,5 '�, tiv:�e,� hP�►�h Y1tc" r� e.�.o¢c���`�h s,r<' l;� !`'�^� ) Project Name/ID: X-Treme Function Hall — CU 520093983 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant A Conditional Use Permit to allow the on -premise consumption of beer Proposes The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To. St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 �- ? Fax # 772-462-1581 Please check only one of the three following statements and return by: February 26, 2010 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 �� (' Z T—F r Address: VY ;''1 �' L S Date: -j L"a 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: X-Treme Function Hall — CU 520093983 Form No. 07-26 V 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 A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To. St. Lucie County, Department of Growth Management , Planning Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: February 26, 2010 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 1t ' (Please Print) �/1 /f j L �' L✓ u L ) S Address: S j Date: �U / v Signed: �k/ �tiz t'_. > 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: 1i w /✓t C Project Name/ID: X-Treme Function Hall — CU 520093983 Form No. 07-26 J 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 except by br tPhefavorable dby the vote of fourosed action, --fifths (4/5) of all the such Conditional Use Permit shall not be approvedP Y Board of County Commissioners. The Applicant A Conditional Use Permit to allow the on -premise consumption of beer Proposes The Following and wine as accessory to a social event function hall the C Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At. East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982± Fax # 772-462-1581 Please check only one of the three following statements and return by: February 26, 2010 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 a ,F;`/> (Please Print). 1 j`y r �' i' f] Address: G 22- _S ,4 fir j��; It � , f Date: '? 16) 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: X-Treme Function Hall — CU 520093983 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use. (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned CG (Commercial, General) Please Return To. St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 7 Fax # 772-462-1581 Please check only one of the three following statements and return by: February 26, 2010 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). EL 7q13 ( fifi���l Address: ,;, � ---) Cz �a /',. x �n A /' / z Date: 5,), - �2 3 2,,)1y Signed G U 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: X-Treme Function Hall — CU 520093983 Form No. 07-26 TROPICAL ISLES PAGE 01 02/24/2010 10:05 7724684968 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 Proposes sesA Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned. CG (Commercial, General) Please Retum To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft, Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: Februgpy 26. 201 Q I AM IN F"011 OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE f I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 5D0 feet of the proposed Conditional Use. Name / (Please Print)' r Lis w 4- -f-re 4 I7.4 - Address, rJ S L3 4 JsAv W, ✓ A V F u r- r ,ru, !/r; = D /f 5�V 4 yi Date; y 1b/ 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 Narne/11D: X-Trerne Function Hall — CU 520093983 Form No. 07-26 • ✓. ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) zoning District Regarding Property Located At. East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St Lucie County, Department of Growth Management Planning Division - ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: February 26, 2010 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 Pant)_ Address. Date: a y U Signed: T 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: X-Treme Function Hall - CU 520093983 Form No. 07-26 Td W882:Z0 aTOE VE 'qa_� 0L9T-09V-F2-L: '01-4 Xd_� HI0I2iiH8 + WdS Ht�3ZNI : woad 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 A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: February 26, 2010 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 i�J'llL 1'l L (Please Print): ymceVW1G 1A Address: ']� CQY1GP P L_ E �L 3 Date:4��b Signed: eVA /CA Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: r �-cet-_-�> }Acj V Project Name/ID: X-Treme Function Hall — CU 520093983 Form No. 07-26 Missy Stiadle From: Mark Satterlee Sent: Tuesday, March 02, 2010 2:28 PM To: Missy Stiadle Cc: Lee Ann Lowery; Linda Pendarvis; Kristin Tetsworth; Janet Pentz; Robin Meyer Subject: Request for Continuance of Item VII-B - Majesty, LLC. Missy — Growth Management has received the following email from the applicant requesting the public hearing for Agenda Item VII-B be continued. Thanks, Mark From: Ernesto Velasco fmailto: ernestov@Ve%ngroup. com] Sent: Tuesday, March 02, 2010 2: 05 PM To: Linda Pendarvis Cc: 'kamla balark' Subject: St. Lucie Banquet and Social Hall Linda, Due to our Attorney not being available for tonight's presentation, we would like to formally request postponing our meeting date with the Board of County Commissioners of St. Lucie County, to a future certain date. This will allow me to contact Mr. Farrell and verify his attendance to the March 16th, or April 6`h meeting date. 1 truly believe that this project requires proper representation that I am not in the position to offer our clients at this time. Thank you for your continued help and assistance with the permitting process for this project. The Velcon Group, Inc. 702 SUS Port St. Lucie Blvd. Port St. Lucie; FL 34953 Tel 772.879.0477 Fax 772.871.6659 ernestov(d) velcongroup. com Mark Satterlee, AICP Growth Management Director St Lucie County, Florida 772.462.2822 satterleemgstlucieco. org 1 BOARD OF COUNTY COMMISSIONERS BOCC Hearing Date: March 2, 2010 GM File Number CU 520093983 Applicant Majesty, LLC 962 SE Breakwater Avenue Port St. Lucie, FL 34983 Property Location East side of US Hwy 1, approx. 3,200 ft south of Midway Road Zoning CG (Commercial, General) Future Land Use COM (Commercial) Staff Recommendation Board adoption of Resolution No. 10-001 granting a Condi- tional Use Permit with limiting conditions. Previous Action January 11, 2010, the appli- cant's agent held a neighbor- hood meeting. January 21, 2010, the Planning and Zoning Commission rec- ommended approval of the requested Conditional Use Permit. ll Majesty, LLC X-Treme Function Hall Conditional Use Permit T. LU CIE COUNTY' F L O R 1 D A -46 0 AGENDA ITEM No. VII-B Location: East side of US Highway 1, approximately 3,200 feet south of Midway Road. Project Description: Notice Requirements: Petition of Majesty, LLC for a Conditional Use Public hearing notice was placed in the Permit to allow the on -premise consumption St. Lucie News Tribune, letters were of beer and wine as accessory to a social sent to property owners within 500 feet event function hall in the CG (Commercial, of the subject property, and a sign was General) Zoning District. placed on the property. Background: May 26, 2009, Growth Management Director by GM Order 09-001 granted a Minor Site Plan approval for a gathering facility for meet- ings, social events and parties to be known as X-treme Function Hall. November 19, 2009, Planning and Zoning Commission continued this item to the next public hearing to allow the applicant to organ- ize a neighborhood meeting. January 11, 2010, the applicant's agent held a neighborhood meeting at Tropical Isles MHP Clubhouse. January 21, 2010, Planning and Zoning Com- mission voted 7 to 0 to forward a recommen- dation of approval to the BOCC. Further details are available in the Growth Management Department —please contact: Staff Linda Pendarvis, Planner Tel. 772-462— 1562 Email Pendarvisl@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 The Board of County Commissioners strongly encourages your input and com- ment at the public hearing. You may also mail or email written comments in ad- vance of the public hearing for inclusion in the official record regarding this pro- ceeding. Growth Management Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Sae nagement lector Kristin Tets orth. Current lanninn RAnn-nn !1 iv FROM: Linda Pendarvis, Planner DATE: March 2, 2010 SUBJECT: Resolution No. 10-001 — Petition of Majesty, LLC for a Conditional Use Permit. ITEM NO. VII-B Background: Majesty, LLC submitted the application for a Conditional Use Permit to allow the on -premise consumption of beer and wine as accessory to a social event function hall in the CG (Commercial, General) Zoning District. The subject property is currently vacant and is located on the east side of US Highway 1, approximately 3,200 feet south of Midway Road. In 2009, the applicant received Minor Site Plan approval for a gathering facility for meetings, social events and parties in a two story building consisting of 9,311 square feet to be known as X-treme Function Hall. The assembly area within the building will be approximately 3,209 square feet. This assembly area will have a two story ceiling height. The total first floor square footage of the building is 7,699 square feet consisting of a lobby area, restrooms, reception, two offices, catering prep, catering service, dressing room, two storage rooms, platform/stage and assembly area. The second story square footage of the building is 1,612 square feet consisting of two offices, a conference room, foyer and restrooms. Pursuant to Section 3.01.03(S) Commercial General Zoning District 7.b. a freestanding drinking place (alcoholic beverages) requires the approval of a Conditional Use Permit by the Board of County Commissioners. These establishments are primarily engaged in the retail sale of alcoholic drinks, such as beer, ale, wine and liquor, for consumption on the premises. The applicant is requesting approval to be allowed to offer beer and wine only as accessory to the social hall events. If the facility was an eating place such as a restaurant, the sale of beer and wine (undistilled alcoholic beverage) for on -premise consumption would be allowed as an accessory use to the retail sale of food and the conditional use approval would not be required. The applicant does not intend to sell food at this establishment. All food will be provided by a third party catering service or the person renting the facility may provide the food. There will be a catering service area and prep room for convenience. File No.: CU-520093983 March 2, 2010 Page 1 of 3 The Land Development Code requires public notices for Conditional Use Permits be sent to property owners within a 500 foot radius. At the November Planning and Zoning Commission meeting, several property owners from the Tropical Isles Mobile Home Park were present opposing this Conditional Use. Staff requested that the application be continued to allow the applicant time to have a neighborhood meeting. A neighborhood meeting was conducted at the Tropical Isles Mobile Home Park on January 11, 2010. At the neighborhood meeting, the representatives explained that the facility will be for private events and there will be no walk-in customers. The hours of operation for the facility will be Sunday through Saturday 9:00 am to 2:00 am. „ h ever, the s 11:00 ame of beer and wine to 1 00 am, Monday Il be consistent thru Friday; 2 00'th pm St.00uam cie County Code of Ordinance on Saturday; and 2:00 pm to 12:00 am on Sunday. In anticipation of any negative impacts this type of development may have on the abutting residential development, staff imposed six (6) conditions of approval as outlined in Resolution No. 10-001, to ensure that if this Conditional Use Permit was approved it would not adversely impact the surrounding properties. The proposed conditions are as follows. 1. The petitioner, their successors or assigns shall comply with all the applicable conditions of the St. Lucie County Noise Ordinance No. 06-021. 2. The hours of operation to serve beer and wine will be limited to 11:00 a.m. to 1:00.a.m. Monday thru Friday, 2:00 p.m. to 1:00 a.m. Saturday, and 2:00 p.m. to 12:00 a.m. Sunday pursuant to the CODE OF ORDINANCES County of ST. LUCIE, FLORIDA, ARTICLE I. IN GENERAL, Sec. 1-3-1 — Hours of Sales Regulated. 3. The petitioner, their successors or assigns shall be required to install and maintain lighting facilities in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties in compliance with Section 7.09.04 (K) of the Land Development Code. 4. The Conditional Use Permit granted under this petition is limited to the on -premise consumption of beer and wine only. The sale of any other alcoholic beverages shall be a major adjustment to this Conditional Use Permit and shall be granted only upon application and approval by the Board of County Commissioners. 5. Prior to issuance of a Vegetation Removal Permit or Exemption, the Landscape Plan for X-treme Function Hall Minor Site Plan (GM Order 09-001) shall be revised to include an eight (8) foot concrete wall to be located within the ten (10) foot landscape buffer area along the eastern project property line. The wall shall have a continuous hedge along the inside and outside perimeter of the wall and a tree every 30 linear feet in accordance with Section 7.09.04(E) of the Land Development Code. No Certificate of Zoning Compliance shall be issued until the required wall and landscaping has been installed. 6. Prior to the issuance of a Building Permit the petitioner, successor or assign shall provide documentation to the Building Official that the proposed building will be insulated with sound proof material to control the degree of noise pollution to the residential properties located to the east. The proposed Conditional Use Permit has been reviewed by staff in accordance with the standards of review set forth in Section 11.07.03 of the Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff has reviewed all File No.: CU-520093983 Page 2 of 3 March 2, 2010 comments and recommendations and determined that the above referenced Conditional Use Permit complies with the standards of review, subject to six (6) conditions of approval. Previous Action: May 26, 2009 - Growth Management Director by GM Order 09-001 granted a Minor Site Plan approval for a gathering facility for meetings, social events and parties to be known as X-treme Function Hall. November 19, 2009 - Planning and Zoning Commission continued this item to the next public hearing to allow the applicant to organize a neighborhood meeting. January 11, 2010 - The applicant's agent held a neighborhood meeting at Tropical Isles MHP Clubhouse. January 21, 2010 - Planning and Zoning Commission voted to forward a recommendation of approval to the BOCC. Recommendation: Board adoption of Resolution No. 10-001 granting a Conditional Use Permit with limiting conditions, as outlined in this agenda memorandum. File No.: CU-520093983 March 2, 2010 Page 3 of 3 Environmental Resources . - Department �ICOUNTY Agenda Item Companion Report TO: Board of County Commissioners Department Directo L. Smith Environmental Resources r�� THROUGH: Karen , FROM: Jennifer Evans, Environmental Resources Department Amy Mott, Environmental Regulations Division Manager DATE: February 11, 2010 SUBJECT: X-treme Function Hall Conditional Use Department Coordination Environmental Resources Department (ERD) worked closely with Growth Management, as well as other members of the Development Review Committee regarding this item. Fin in ERD conditions of approval have been incorporated into the attached Growth Management Resolution. Recommendations ERD supports Growth Management's recommendation of approval with conditions as outlined in the attached resolution. f' - Si nature - 1 - COu NTY F L O R I D A —446 ENVIRONMENTAL RESOURCES DEPARTMENT FINAL REPORT TO: Aneela Ansar, Development Review Committee Planner THROUGH: Karen Smith, Environmental Resources Department Director FROM: Jennifer Evans, Environmental Planning Coordinator Amy Mott, Environmental Regulations Division Manag r DATE: June 15, 2009 SUBJECT: X-treme Function Hall Minor Site Plan Background: Environmental Resources staff has conducted a site inspection and complete review for the proposed project to be known as X-treme Function Hall (formally known as Extreme Social Hall). The 1.93 acre project site is located on the east side of US Highway 1. The site is characterized by 1.53 acres of pine-mesic oak and 0.40 acres wetland. Wetlands: The onsite wetland is characterized as a Category III freshwater marsh. Due to development of the surrounding area, the wetland has experienced hydrologic impacts which have severely impacted the wetland quality. As a result, the dominant species within this wetland consists of Brazilian pepper. The proposed project will directly impact 0.40 acres of the existing wetland and secondarily impact 0.33 acres of the remaining off - site wetland. Mitigation for wetland impacts is proposed through purchase of 0.40 credits from the Bluefield Mitigation Bank. This mitigation has been reviewed and approved by South Florida Water Management District in the Environmental Resource Permit. Listed Species: Although no listed species were observed onsite, since the wetland onsite is located within the core foraging area of the federally listed Woodstork species, a conditional of approval has been included requiring review and sign off from the U.S. Fish and Wildlife Service prior to issuance of a vegetation removal permit. Tree Mitigation and Landscaping: Throughout the development review process, the applicant was encouraged to further avoid and minimize impacts to native vegetation. However, due to the small size of the property and desired intense use of an event hall, the majority of the site is developed. The applicant has however, complied with the tree mitigation and landscaping code requirements through preservation of 223 inches of native trees onsite and planting an additional 158 inches (above required landscaping) of native trees onsite. The onsite mitigation plantings will also serve as additional buffering for the residential community located to the east. Conditions of Approval: 1) The applicant will comply with any state and federal agency regulations and requirements. Prior to approval of a Notice of Vegetation Removal, the applicant shall have obtained and provided ERD with copies of any required federal and state permits, including but not limited Florida Fish and Wildlife Conservation Commission and U.S. Fish and Wildlife Service. Specifically, the applicant shall provide sign off from U.S. Fish and Wildlife regarding Woodstork mitigation (if required). If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to SLC for review and approval as required by the LDC. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. 2) Prior to approval of a Notice of Vegetation Removal, the applicant shall finalize an improvement agreement acceptable to ERD covering the cost of landscaping and tree mitigation, including on -site tree relocation. 3) Prior to issuance of a SLC Vegetation Removal Permit or Exemption, proof of appropriate mitigation per the South Florida Water Management District Environmental Resource Permit for wetland impacts shall be submitted to SLC Environmental Resources Department. 4) Prior to issuance of a certificate of occupancy, per Section 7.09.05, all FLEPPC listed exotic vegetation shall be removed from the property. 5) Prior to issuance of a Vegetation Removal Permit or Exemption, a pre -construction meeting with ERD staff shall be conducted to verify tree protection measures have been put in place. Any trees impacted by construction shall be mitigated for at a ratio of 4.1. Please contact Jennifer Evans (Environmental Planning Coordinator - TVC) at 772-462- 3862 if you have any questions. 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 RESOLUTION NO. 10-001 FILE NO.: CU-520093983 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE ON -PREMISE CONSUMPTION OF BEER AND WINE AS ACCESSORY TO THE SOCIAL EVENT FUNCTION HALL IN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT ON CERTAIN PROPERTY SITUATE IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: Majesty LLC presented a petition for a Conditional Use Permit to allow the on -premise consumption of beer and wine as accessory to the social event function hall in the CG (Commercial, General) Zoning District for a property located on the east side of US Highway 1, approximately 3,200 feet south of Midway Road, St. Lucie County, depicted on the attached maps as Exhibit "A" and described in Part "B" below. 2. On May 26, 2009, through Growth Management Order 09-001 the Growth Management Director granted approval for a gathering facility for meetings, social events and parties in a two story building consisting of 9,311 sq. ft. for a Minor Site Plan to be known as X- treme Function Hall. 3. On November 19, 2009, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. On January 21, 2010, the St. Lucie County Planning and Zoning Commission reopened the public hearing on this petition and recommended by a vote of 7 to 0 that the Board of County Commissioners approve the Conditional Use Permit to allow the on -premise consumption of beer and wine in the CG (Commercial, General) Zoning District. 5. On March 2, 2010, this Board held a public hearing on the petition, after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 6. The proposed Conditional Use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 7. The proposed Conditional Use will not have an undue adverse effect on adjacent property, File No.: CU-520093983 Resolution No. 10-001 March 2, 2010 Page 1 1 1 the character of the neighborhood, traffic conditions, parking, utility facilities, or other 2 matters affecting the public health, safety, and general welfare. 3 4 8. The proposed Conditional Use will be serviced by adequate public facilities and services. 5 6 9. A Certificate of Capacity as required under Chapter V. St. Lucie Land Development Code, 7 a copy of which is attached to this Resolution as Exhibit "B," was granted by the Growth 8 Management Director on February 9, 2010. 9 10 11 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 12 County, Florida: 13 14 A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a 15 Conditional Use Permit for Majesty LLC, for the project known as X-treme Function Hall, 16 to allow the on -premise consumption of beer and wine in the CG (Commercial, General) 17 Zoning District is hereby approved for the property described below, subject to the 18 following conditions: 19 20 1. The petitioner, their successors or assigns shall comply with all the applicable 21 conditions of the St. Lucie County Noise Ordinance No. 06-021. 22 23 2. The hours of operation to serve beer and wine will be limited to 11:00 a.m. to 1:00.a.m. 24 Monday thru Friday, 2:00 p.m. to 1:00 a.m. Saturday, and 2:00 p.m. to 12:00 a.m. Sunday 25 pursuant to the CODE OF ORDINANCES County of ST. LUCIE, FLORIDA, ARTICLE I. IN 26 GENERAL, Sec. 1-3-1 — Hours of Sales Regulated. 27 28 3. The petitioner, their successors or assigns shall be required to install and maintain 29 lighting facilities in such a manner so as to prevent direct glare or hazardous 30 interference of any kind to adjoining streets or properties in compliance with Section 31 7.09.04 (K) of the Land Development Code. 32 33 4. The Conditional Use Permit granted under this petition is limited to the on -premise 34 consumption of beer and wine only. The sale of any other alcoholic beverages shall be a 35 major adjustment to this Conditional Use Permit and shall be granted only upon 36 application and approval by the Board of County Commissioners. 37 38 5. Prior to issuance of a Vegetation Removal Permit or Exemption, the Landscape Plan for 39 X-treme Function Hall Minor Site Plan (GM Order 09-001) shall include an eight (8) foot 40 concrete wall to be located within the ten (10) foot landscape buffer area along the 41 eastern project property line. The wall shall have a continuous hedge along the inside 42 and outside perimeter of the wall and a tree every 30 linear feet in accordance with 43 Section 7.09.04(E) of the Land Development Code. No Certificate of Zoning Compliance 44 shall be issued until the required wall and landscaping has been installed. 45 46 6. Prior to the issuance of a Building Permit the petitioner, successor or assign shall 47 provide documentation to the Building Official that the proposed building will be File No.: CU-520093983 Resolution No. 10-001 March 2, 2010 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 insulated with sound proof material to control the degree of noise pollution to the residential properties located to the east. B. The property on which this conditional use permit is being granted is described as follows: LEGAL DESCRIPTION: THE SOUTH 150' OF LOT 227, OF WHITE CITY SUBDIVISION, SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, LESS AND EXCEPT RIGHT OF WAY FOR US HIGHWAY NO. ONE AND CANAL RIGHT-OF-WAY. Tax ID#: 3403-502-0293-000/7 Location: East side of US Highway 1, approximately 3,200 feet south of Midway Road, St. Lucie County, Florida. C. This Conditional Use Permit approval shall expire on March 2, 2011 unless a Building Permit or Certificate of Zoning Compliance is secured or an extension is granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. D. The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Majesty LLC, including any successors in interest, shall obtain all necessary permits and authorizations from the appropriate Local, State, and Federal regulatory authorities prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part "B." E. The Certificate of Capacity, a copy of which is attached to this Resolution as Exhibit "B," shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this Resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new Certificate of Capacity shall be required. F. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this Resolution to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. File No.: CU-520093983 March 2, 2010 Resolution No. 10-001 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 After motion and second, the vote on this resolution was as follows: Charles Grande, Chairman XXX Doug Coward, Vice Chair XXX Chris Dzadovsky, Commissioner XXX Paula A. Lewis, Commissioner XXX Chris Craft, Commissioner XXX PASSED AND DULY ADOPTED This 2Id day of March, 2010. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney lap G:\Planning\PROJECT FILES\X-treme Function Hall MNSP 720071274\P&Z\Revised\Resolution_X-treme Function Hall File No.: CU-520093983 March 2, 2010 Resolution No. 10-001 Page 4 u u cu =0-1 M .punoo aagoyoaaHo .I LO N1 {.L o� } 0 Z 2 W � U U 1 1 1 i 1 z 1 l AVMHJIH sn S l AVMHJIH sn S I o ♦ LO U U) w J Ln I '� LO U cu M cM LO aEm _ O mL- UO N (D c CC cn 7 2 T) cD O C UEcN� vUa�Q) LO ce) c�Udren� cu cu L �+ O O U 0- 0 L +� Q O W O �=/�3 p VJ LO 1 1 1 1 1�1 j. 1 7 v Ms v 3; r • grd 2�� ���` MyT CO - W� _ .Q •COOl U lb'Nb� aN CO CO Q � , rr . A r z l , TMT LO zl at '...�., �W. HS1 t JI- AHMHJ— ��� - r j? t p i?Fii� Fk Peal! t"t� z Yt *fc .N [1i 1ErrN ± � �F *a 0... �t "w, to wmir 6*ttt,ef jrLrllrl!t4�" ", s� o4 let le Mrnr-i� T� ` Q' '` t rw � ui�► Ir�w= tltFl � MR M m L M Y O Q U Q. O a.. C U O O O U) Lo EXHIBIT " 11 St Lucie County Certificate of Capacity Date 2/9/2010 Certificate No. 2z5-) i 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 Conditional Use Permit for Beer and Wine Number of units 0 Number of square feet 9,311 2. Property legal description & Tax ID no. 340350202930007 E. side of US Hwy 1, 3200 ft south of Midway X-Treme Function Hall 3. Approval: Building Resolution No. 10-001 Letter 4. Subject to the following conditions for concurrency: Owner's name Majesty, LLC Address 962 SE Breakwater Avenue Port St. Lucie FL 34983 6. Certificate Expiration Date 3/2/2011 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. Signe Date: 2/9/2010 Growth Management Director St Lucie County, Florida Tuesday, February 09, 2010 Page 1 of 2 I St. Lucie County 2 Planning and Zoning Commission/Local Planning Agency 3 Commission Chambers, 3`d Floor, Roger Poitras Annex 4 January 21, 2010 Meeting 5 6:00 p.m. 6 7 In the event of a conflict between the written minutes and the compact disc, the compact disl 8 shall control. 9 10 11 I. Call to Order 12 13 Chairman Mundt called the meeting to order at 6:04 p.m. 14 15 A. Pledge of Allegiance 16 17 B. Roll Call 18 Craig Mundt ................................. Chairman 19 Barry Schrader ......arrived 7:00 ...Vice -Chairman 20 Britt Reynolds................................Commission Member 21 Pamela Hammer ......................... Commission Member 22 Susan Caron ............................. Commission Member 23 Brad Culverhouse ..arrived 6:15...Commission Member 24 Edward Lounds ........................... Commission Member 25 Stephanie Morgan ....................... Commission Member 26 Kathryn Hensley .......................... Ex-Officio Member 27 28 Members Absent 29 Tod Mowery........ ........................ Commission Member (excused) 30 31 Staff Present 32 Mark Satterlee ............................. Director, Growth Management 33 Robin Meyer............................Assistant Director, Growth Management 34 Heather Young..... ....................... Assistant County Attorney 35 Linda Pendarvis ........................... Planner, Growth Management 36 Britton Wilson ............................. Sr. Planner, Growth Management 37 Larry Szyn-kowski..................... Sr. Planner, Growth Management 38 Dawn Milone................................ Recording Secretary 39 40 C. Announcements 41 42 None. 43 44 D. Disclosures 45 46 Ms. Morgan stated she had a conversation with an interested party regarding item III E, 47 Mrs. Hammer stated she accidently had a conversation with Chuck Ray regarding the 1 I previous Seasick Sams and Chairman Mundt stated he met with staff regarding the 2 agenda items for tonight's meeting. 3 4 E. Election of Officials 5 6 Mr. Lounds nominated Mr. Mundt for Chairman of the Planning & Zoning 7 Commission. 8 9 Mrs. Hammer seconded. 10 11 Ms. Young read the ballots. 12 13 The motion carried unanimously. 14 15 Ms. Caron nominated Mr. Reynolds for Vice -Chairman of the Planning & Zoning 16 Commission. 17 18 Mrs. Hammer seconded. 19 20 Ms. Young read the ballots. 21 22 The motion carried unanimously. 23 24 Chairman Mundt, at the request of Mr. Lounds stated the Planning and Zoning 25 Commission is an advisory commission and the commission's recommendations are not 26 findings. The commission takes the recommendations of staff, not always agreeing with 27 staff and forwards the Planning and Zoning Commissions recommendations on to The 28 Board of County Commissioners who makes the final decisions on all applications 29 heard by the Planning and Zoning Commission. 30 31 IL Minutes 32 Review the minutes from the November 19, 2009 meeting, for approval. 33 34 Mr. Lounds motioned to approve the minutes. 35 36 Mr. Reynolds seconded. 37 38 The motion carried 5-1 with Ms. Hammer dissenting, stating she was not in 39 attendance for the entire meeting. 40 41 III. Public Hearings 42 43 A. X-Treme Function Hall: CU 520093983 — continued from the 44 November 19, 2009 public hearing. 2 I Petition of Majesty, LLC to grant a Conditional Use Permit to allow the on -premise 2 consumption of beer and wine as accessory to a social event function hall in the 3 CG (Commercial, General) Zoning District. 4 5 Ms. Pendarvis, Growth Management Planner, stated this item was continued from the 6 November 19, 2009 Public hearing to allow the applicant the opportunity to conduct a 7 neighborhood meeting with the residents from Tropical Isles Mobile Home Park. 8 9 The Conditional Use Permit is to allow the on -premise consumption of beer and wine 10 only as accessory to a social event function hall in the Commercial General Zoning 11 district. 12 13 The subject site is located on the east side of US Highway One approximately 3,200 14 feet south of Midway Road. The adjacent existing lands uses to the north and west are 15 car dealerships, to the south is the Coastal Medical Professional Plaza, and to the east 16 is the Tropical Isles Mobile Home Park. The property is currently vacant and the 17 applicant is proposing a 9,311 square foot social event function hail.. 18 19 The function hall will be for private events, which may range from weddings to business 20 conferences. The total assembly area consists of 3,209 sq feet. Food served at the 21 events will be provided by a catering service and no food will be prepared on the 22 premises at this time. 23 24 A sixty -foot canal right, of way runs north and south between the subject property and 25 Tropical Isles Mobile Home Park. The detention area for the proposed development is 26 located along the eastern property line to provide additional buffering between the 27 parking area and the mobile home park, which is approximately 300 feet. 28 29 The proposed project complies with Section 7.10.24 Community Architectural 30 Standards. Ms. Pendarvis stated the applicant identified elements in their Minor Site 31 Plan submittal, with a list of eight architectural elements and that the applicant has 32 exceeded the minimum requirements of this section. 33 34 The proposed project meets all dimensional, parking, community architectural standards 35 and landscaping requirements of the Land Development Code and is consistent with the 36 St. Lucie County Comprehensive Plan and Land Development Code. 37 38 The proposed hours of operation for the function hall will be Sunday thru Saturday 9:00 39 am to 2:00 am. The operation of the function hall will be by clients that rent the hall for 40 special events and no walk-in customers. The proposed hours of the sale of beer and 41 wine will be 11:00 am to 1:00 am(following morning), Monday thru Friday, 2:OOpm to 42 1:00 am on Saturday and 2:00 pm to 12:00 midnight on Sunday. 43 44 Ms. Pendarvis presented a list of issues that were discussed and concerns that were 45 brought up by the homeowners at the neighborhood meeting that was held on January 46 11, 2010. 47 3 I Ms. Pendarvis stated staff has reviewed this petition and determined that this petition 2 conforms to the Standards for Review of Conditional Use Permits as set forth in Section 3 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the 4 goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 5 Ms. Pendarvis recommended that the Planning and Zoning Commission forward to the 6 Board of County Commissioners a recommendation for Board adoption of Resolution 7 No. 10-001 granting a Conditional Use Permit to allow the on -premise consumption of 8 beer and wine as accessory to the social event function hall in the CG (Commercial, 9 General) Zoning District, subject to six conditions of approval. 10 11 Mr. Lounds asked if a group rented the establishment could they bring in their own bar. 12 13 Ms. Pendarvis stated she imagined there were some limitations as to what can be 14 served. Once this conditional use permit is issued, it is the property owners desire to 15 have control over this type of situation by limiting service to beer and wine. 16 17 Ernesto Velasco, P.E., Velcon Group, Inc. spoke on behalf of the applicant stating his 18 client wanting to be a good neighbor decided to have a beer and wine license in this 19 establishment in order to control the sale of alcohol and had a neighborhood meeting 20 (the applicant was unable to attend the neighborhood meeting, they were out of town) 21 discussing and answering all concerns of the neighbors. 22 23 Chairman Mundt opened the public hearing. 24 25 Harvey Sofen, Mary Lundy, John Lundy and Alana Woodruff spoke in opposition to this 26 project. Their objections included; crime, noise, the name of the establishment, no 27 kitchen for catering facilities, the upstairs veranda, and not meeting the owners. 28 29 Chairman Mundt closed the public hearing. 30 31 Mr. Lounds advised the people of Tropical Isles to talk to the North St. Lucie Drainage 32 District to see if they would clean the ditch and ask them to install some very dense 33 native trees to reduce the noise. 34 35 Mr. Lounds stated if the ditch were cleaned, it would provide for a better barrier for the 36 residents of Tropical Isles. 37 38 The Commission determined that there would be an eight -foot concrete wall with a 39 continuous hedge on both sides of the wall, trees will be lined up along the wall every 40 three linear feet ,additional trees up against the parking area as well as along the wall 41 and trees that are larger than required by code. 42 43 Mr. Reynolds questioned if understanding correctly, this is a gathering facility and the 44 hours of operations are only if the facility is rented. 45 46 Mr. Satterlee answered yes. 47 F1 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 Mr. Lounds motioned after considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in 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 adopt a resolution granting approval to the petition of Majesty, LLC for a conditional use permit to allow the on —premise consumption of beer and wine as accessory to the social event function hall in the CG (commercial, general) zoning district with all of the six points under the conditional use agreement. Ms. Morgan seconded. Roll Call: Mr. Culverhouse- yes Mrs. Hammer- yes Mr. Reynolds- yes Ms. Caron- yes Ms. Morgan- yes Mr. Lounds- yes Chairman Mundt- yes Motion passed unanimously. III B. Sudy Perez — Lizano: FLUMA 120081407 Petition of Sudy Perez — Lizano for a proposed Future Land Use Map Amendment from RS (Residential Suburban — 5du/acre) to RU (Residential Urban Ms. Wilson, Growth Management Sr. Planner stated item No. III-B is a Small-scale Comprehensive Plan Amendment know as "Sudy Perez-Lizano," which is a proposed Future Land Use Change from Residential Suburban at two dwelling units per acre to Residential Urban at five dwellings units per acre and Item No. III-C is a concurrent rezoning petition from Agriculture Residential at 1 dwelling unit per acre to Residential Multi -Family at five dwelling units per acre. Ms. Wilson noted that this is a quasi-judicial hearing and she would present the two items together. The Ordinance for the map amendment and the Resolution for the zoning change will be voted on separately at the end. 5 409 LU V_ C) W c cu — O Cl)c in ` cu An 0 cm UN n3 � O 0 J � J � �w —ca c-�'•0 N � E O 0 U W c'•�'.� w tr■■ ) s? CL i 0 c 0 till L. 0 0 4a a- � 0. . co 0>8■ yICC eCD CU cu 2)� a n3 p Q� C.� M -= M N o .0 c6 O .0 -0 m� 0 - 0 M U _c • c CO �Eo(' +�.. -0 .�dOEN ���Eo .� o @ t° _W ^' 0 -0 55 O'DN.pp .nJ6iN a . r- -o C: CO > C m o '� (D & 8z c' 0 N z3 J cii Na. ■ o /mac . �� �V/��� v j.•d • �r W E U ..� O � i —> cu o a) o -0 CO cII N cu cu cum C O .� N E CL d Z c 46 con U O N d U a 4- `�J a lad io Q3 Cq co N a CO O .4.... N cr _ BOARD OF COUNTY COMMISSIONERS John Doe 2300 Virginia Avenue Fort Pierce, FL 34982 Public Hearing Date: March 2, 2010 Location: BOCC Chambers SLC Admin. Annex, 2300 Virginia Avenue, Ft Pierce, Florida 34982 Time: 6:00 PM Applicant Majesty, LLC Tel: 772-344-1955 Property Location East side of US Highway 1, approx. 3200 ft south of Mid- way Road, St. Lucie County, Florida. Zonin CG (Commercial General) Future Land Use EOM (Commercial) PUBLIC HEARING NOTICE X— Treme Function Hall CU 520093983 Project Location: East side of US Highway-1, approximately 3200 ft south of M-idway Road, St. Lucie County, Florida. Public Hearing Description Petition of Majesty LLC. for a Conditional Use Permit to allow the on -premise consump- tion of beer and wine as accessory to a social event function hall in the CG (Commercial, General) Zoning District, Background May 26, 2009 - Growth Management Director by GM Order 09-001 granted a Minor Site Plan approval for a gathering facility for meet- ings, social events and parties. January 21, 2010— Planning and Zoning Commission forwarded a recommendation of approval to the Board of County Commission- ers. Staff Recommendation Board adoption of Resolution No. 10-001 granting Majesty, LLC a Conditional Use Per- mit to allow the on -premise consumption of beer and wine as accessory to a social event function hall in the CG (Commercial, General) Zoning District. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The Board of County Commissioners strongly encourages your input and comment at the public hearing. You may also mail or email written comments in advance of the public hearing for inclu- sion in the official record regarding this proceeding. Further details are available in the Growth Management Department — please contact: Staff Linda Pendarvis Tel. 772-462-1562 Email pendarvisl a@stiuciec®•orct Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 Mailed date: 02119/10 Legal Description: THE SOUTH 150' OF LOT 227, OF WHITE CITY SUBDIVISION, SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, LESS AND EXCEPT RIGHT OF WAY FOR US HIGHWAY NO. ONE AND CANAL RIGHT-OF-WAY. PARCEL ID - 3403-502-0293-000-7 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 A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: February 26, 2010 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: Date: Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name/ID: X-Treme Function Hall — CU 520093983 Form No. 07-26 5L • FRIDAY. FLUHUAHY 19, 2O1U • SCHIPVS HLASUHL r Abt Nt—AP[HS • W d C Z �2 W W 3 Z Z Q t.1 3 = J N O L9^ NFON,�P�N W fit J � C O C N C cc 0 co (D tl .� zT "0 N N U Q C/) to N in r-- 3 M X ca N N m L �C C MZ F 0 a Z o �O fA N O Q E cA U O 91 � � O f IF, N � � O r- o y IF L y +�.. s COPS m z . Landscape architects get work in Egypt, hope to branch into Saudi Arabia BY PAUL IVICE Saudi Arabia loomsss going to Saudi Arabia. "The 'reloo Correspondent Upon invitation of the So when a friend, golf ern themes inter for Wes& different parks," Houston brought to that project prated into said. by some of the New Giza STUART — Business Saudi royal family, two of course architect John San- an Islamic atmosphere," Houston Cuozzo's con- developers who were club might be slow on the Trea- the frrm's executives leave ford of Jupiter, asked Hous- said Albert Jacob, the lead tract for the first phase of members after an Egyp- sure Coast Saturday for Riyadh to coin- ton m the summer of 2meif designer who joined the that project will approach$1 tiara architect's design was thanks to the pete with eight other firms he was interested in doing firm as associate principal million. rejected Struggling from around the world for work in the Middle East, in 2304. That job also led the firm "They've got to get to economy, but the contact to design land- Houston jumped at the While Houston is still to win the contract to design know you before they jump .,:. Stuart land scape at a new palace on 250 chance. waiting for a decision from the Gezira Sporting Club. m," Houston said. "One of scape archi acres along the Red Sea. Houston said Sanford the resort's developers, the The 50-acre sporting the reasons we got more ~" tectural firm When realestate develop faced heavy competition firm's presentation for that club, which will be a set- work there was they saw court_ H o u s t o n ment on the Treasure Coast in the United States, but project opened the door to elute to the original club that we listened and could Cuozzo Group came to a near -standstill a was getting work overseas bid on other projects in built by the British around interpret our western expo is mem la n"because ding couple of years ago, work "beuse he was willing to Egypt for which gyp they leave 18M,merr will serve about 50,000 iences into a cultural and major con also dried up for Houston go where others weren't" been awarded ronhacts. bers. sitesensinve solution based trace in the Cuozzo, which has done That led to Houston The first of those is a Houston said they were on what we heard and saw" <Y i Middle East. numerous local projects Cuo=o joining with other 2,00Pam, mixed -use mi- The firm, including the Vero Beach firms to bid on the design of deDualcommamiaidevelop- for me d in Resort & Spa. The firm laid Sahl Hasheesh, a 6,000-acre ment in Sixth October City, J-wb 1993, has won off one-third of its staff of resort on the Red Sea, a new Cairo suburb. Plans 1 a n d s c a p e 18 in 2W8 and, in another To prepare the design for for New GLEN, which is in design contracts in the past cost-cutting measure last the resort, Houston said sightof the GreaLPytamids, few months for two major March, went to a four -day they had to learn to use include 10,000 homes, an projects in Egypt They work week. plants that are native to, MGM Grand hotel, a Johns could land a third project "We're actually begin or at least adaptable to, the Hopkins satellite training designing the landscape for nmg to see a little move- soil, terrain and climate of hospital, golf courses and a a 6,000-acre resort on the ment (locally) now, but last Egypt. new Egyptian mnSaUll. Red Seayearwas a screeching halt," They've also had to blend "From our standpoint, And the prospect of an said Michael Houston, one Western designs with the thing that was cool is even bigger contract in of the firm's principals who Islamic traditionsthey asked us to design 10 F*•• HIGHWAYMEN PAINTINGS WANTED! For Saturday, Feb. 20th 2pm Auction Contact: Roger Lightle 772-473-2507 Ray Steele 772-562-5567 Auction to be held at the Polish American Social Club 7500 N.USI,Vero Beach, FL IT. LUCIE COUNTY IOARa OF CWMTY COMMIMOMERS PWIC NEARING AGENM Ni t, and ROME OF FROPOSEO CONOITIOW USE PERMIT T. M. Lit. C-Rry S-M M C-MY CaNNFUN Rm leiN . M NUNI IN .NFFU- -M. MRNNI- IF _NN- NMLMM MO.ISOn A NESOL N OF THE a C OF CMRfY COMMSGMEM O IT. LOVE COUNTY GNAMNI6 A CMDMMML UM FRIAR TO ALLOW THE M+REN-E CONSOMnOM OF MR AN NINE AS ACUSSORI' TO A SOCAL EPM FUNCTION HI IN THE CG ICOMMFNDAL.6F-RAIItMXUG INSTRUCT ON CENT" PNOFF r` SRUAfE IN IT. LUCIE COUNTY, RONUOA. 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SONG M CUINTYY cONIMO0NO5 In ED= ONum, FLMMA N CHARB bum, cHAMNMN Fivai ONE NNNNNq is arm My Town, My Life, My ER. Are Choices. Exceptional emergency care. Backed by the expertise of an entire hospital. Lnmg,g rir ics happen ill all in,tatr, l `hen cou co a c cd ore ❑eed 5L. Lucie Medical Centel is der itarc.i to bringing quality iu dltai hL1) pAiLklj it's Important to villa an FR that an IL411f A: any Tarr to our t rrunun r,v. 1u addition to unnprehensw etMrLinlcy a.. ss ,, kdi al u 1 )Title, But, hat I org,)lng cDts is needed ser,1cm Sr t u ie.kledical Centel alp. oflvis Fast TTDck Ill t hos} ita Lav ce r atone, nwla Ulan 15 million people who between 10 t n and 10 1 Iu to handle less urgcn (Uses wnLout �Tcited an ER IC,Ulfet hospital adr*l ian inunt-haiely afterward, comprising care N pal"sttlis in nro^d of emer_enct tnrntinn- The somelilnes te,qu.ritlg a tixistei. 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LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of 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 A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: FebruaDf 26 2010 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address; Date: '0?3 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:Zy—e AM /J pl-ivx7 of 011,e S>-yJ& e,4- 4✓Xe e90J- "T ge'l N�' Gur 7/e edC D � ; i;e AW /r�J idi yit ,y" .//•�� /+0� D�b'�QraT/ �!> �, v/s c DC �a.! du,� QC�Ylv�arJr ar~�✓1 Project Name/ID: X-Treme Function Hall — CU 520093983 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes A Conditional Use Permit to allow the on premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercia , enera oning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: February 26. 2010 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: Date: .. ,G% Signed: Please note that any form returned without a name and address will not be considere All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name/ID: X-Treme Function Hall — CU 520093983 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To. St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens}`-� 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 - Please check only one of the three following statements and return by: February 26, 2010 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: Date: Signed: -' i 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: f Project Name/ID: X-Treme Function Hall — CU 520093983 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982, Fax # 772-462-1581 L `' Please check only one of the three following statements and return by: February 26, 2010 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 I (Please Print): 4 E 0 A, N A B_rF le Address: 033� N% a G Rc✓c eJ,g ,o it c e fl-. Y141f Date: 0? o Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: i�p Gt "_i, "VAS A4 ' %-tee- Aw /i. 4P� 0 Q4__ Project Name/ID: X-Treme Function Hall — CU 520093983 Form No. 07-26 f -o 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 A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District, Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) - Please Return To: St. Lucie County, Department of Growth Management C� r Planning Division — ATTN: Deanna Givensi sit 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: February 26, 2010 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE 1� 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 _ L (Please Print): TQ i- 0 14. M C T 90 a � li L L P , y Address: G 5 �/{ co McO f LAGT;, Date: � • ��-� I U l a Signed: y 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: S iVs / I it i S WO f� l T iv N A L US E f 6 eM 13 v) ,Nr- 1� �1 ► fON '► (kI✓ /�f�I �E � i 01 A-N rS iQ >LI>i+M�N! i17 rFic- i zQ'i3LC-T'1S '0013L-Q -i& 'P0i l\fi tALLY 2ANGegous 4-1- -Fla Project Name/ID: X-Treme Function Hall — CU 520093983 Form No. 07-26 Y 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 A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned. CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens _` 23 j`„ `j,t 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: February 26, 2010 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE 1 AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE C. 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 5 (Please Print): � � Address: Date: �� lUSigned j %P/, b � c 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: X-Treme Function Hall — CU 520093983 Form No. 07-26 v 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 A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At. East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens 2009 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 2009 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: Date: r l /— /y- C) y Signed: �CJe 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: X-Treme Function Hall — CU 520093983 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 2009 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE 1 HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: �o2T ��rrzC�, Date: 0 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. Comment NOV 16 201 Project N J o� 4e_�_ 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 A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) f Please Return To: St. Lucie County, Department of Growth Management NOV 1x F J9 Planning Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 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 V I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name 1,� , (Please Print): 3-0 0 0 n��1 , 1 � C. D (i/!f N! 6 I. L, _JR E Address: a 6 SEA CoNLN ?L .*n©8 i02�i P1&9c.E. FL 3g99a Date: I -3 [ ? Signed: rTN G 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: PLEASE )ENS; T1415 PET 111014. I Y A 01A D" 11' fiMF N6 ISE SU C-14 A FST413LI SNM EN T (J0JLD GENEAAJ'&, IRA FF)C PRv3LeMs WOULD G C- Po i W T IALLY )A-NciER(>L)S AT TOG PjR V. eWrRANCG. Project Name/ID: X-Treme Function Hall — CU 520093983 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management NOV12 20099 Planning Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 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): 'R 0 a E F I r0�^l w 0 k') Address: 2 j1, .S. ti' Y Y L ; To:q, �'.>� �z E h v L" At rz 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: tfj�if'i l`,CS/�i%"-/� P� /.', r`- )i( 4 i-FD /k/ 44,'6/1 Jc)ii A d5 ,E A AVM/ Project Name/ID: X-Treme Function Hall — CU 520093983 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division - ATTN: Deanna Givens NOV9, 2300 Virginia Avenue, Ft. Pierce, FL 34982JU 1 LUU� Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 2009 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: e4 eo'AfCt4_ -/�L FT e.e� lcz f�a /►1 r[� �E(3-3 CLI-_0e >-AAfa Atle- 06 kAlAl-lAFFe--/111 o -1 11Fj/-- � Date: A10V, 2? Signed: c ` 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:i2�'/may Project Name/ID: X-Treme Function Hall - CU 520093983 r Form No. 07 6 I .G 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 A C=d4io" Use Permit to allow the on -premise cgopmRtioaof beer, Th owing and wine as accessory to aja l event function hall the CG nditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management (P Planning Division — ATTN.- Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 r Fax # 772-462-1581 r, Please check only one of the three following statements and return by: November 17, 2009 1 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE �'i- I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: © Cp QG r Date: �� 0 Signed: l 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. -e'/ / ��• Form ,• ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FARM, 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 A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth 1lllan;gement Planning Division - ATTN: Deanna Givens WT v' 2t uJ 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Pease check only one of the three following statements and return by: November 17, 2009 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE X 1Y10 I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: Date: f , P&no N,.Y a lr&X C40ewzch 0"4j //_ i , Q 9' Signed Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: -?-7 0 /f r /-rofA;Ij lc- 7-h #" C,l¢c7; 4 c. r7fr 1 a c. c IV /C- a rr f l-lt [- w /Th' 011 f� & 7-/d%. k1 / c 1— Ctimrcl is ri,#& Project Name/ID: X-Treme Function Hall - CU 520093983 d u N C I i?5,,� � No. 07-26 14-na 01viC.T 16 e,oW wC C4-v h& -0_ 7'� ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM 102 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 A Conditional Use Permit to allow the on premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division - ATTN: Deanna Givens ��- 1� 2300 Virginia Avenue, Ft. Pierce, FL 34982 6.4 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 2009 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): ' Address: 3 y Date: 4-/ /=U Z 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: G� arc, Ctii Project Name/ID: X-Treme Function Hall - CU 520093983 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division - ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 2009 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE 1 AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE �— I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): f l k .�- PJ J t- C L /� S Address: Date: Signed: r 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. r Comments: ' Project Name/ID: X-Treme Function Hall — CU 520093983 Form No. 07-26 FROM : FAX NO. N- . 06 2009 12:57AM P1 v 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 fire hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be, approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners. The Applicant PnpOSes . A Conditional Use Perrin to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning district. Regarding Property Located At. East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Retum To: St. Lucie County, Department of Growth Management ._ .Planning -Division — ATTN—DeaMa Givens . _ 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1681 Please check only one of the three following statements and return by: November 17, 2008 I AM IN F_ AVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: Date:��_;.w t (1 /� D Signed: Please note that any form retumed without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request Comments' Project Name/ID: X-Treme Function Hall — CU l520093983 Form No- 07-28 K., rt— 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 (5o) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (415) of all of the Board of County Commissioners, The Applicant Proposes . A Conditional Use Permit to allow the on premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Rega►ding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Retum To. St..Lucie County, Department of Growth Management _ _..__.`.,_ _ • Pianning.._D.iyision=RT'TN: - �- 2300 Vrginia Avenue, 'Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 2009 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use, Name (Please Print): Address: L Date: Signed: Please note that any form returned without a name and address will not be considered. Ail returned forms are a matter of public record and available for viewing upon request. Comments: Project NameAD: &Treme Function Hall — CU 520093983 Form No. 07-26 Zd WUK:ET 600E 90 •noN : 'ON X1JJ : WOaA 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 A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management 0 9 2009 Plannino Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 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): l C N R E� AlLr11 3 C H ET t t= Address: . g P, r"3 C . `('dTT c-) M L Date: d`Q 0 V 0-7 \O I Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: ?,� 1- L 10 t I Y,3 A F (U l o F, LIEU F_LC P H LuN 7 1 Q F_rJ�o`( T HE PEACE ErJ s Qu\EI AN�Q _S11FE F &EL T 1\ fR —\ 0 u 2 P Pi2K P Q L 0 � 0 E;S ► O 1-\ f-10 E A N A t--t- L K T u k t--\cc r` ( c_ W C' u L C) Project Name/ID: X-Treme Function Hall - CU 520093983 Q E AW Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Ct Planning Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 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): ; L ti l y r Address: Date: --, % Signed: - Please note that any form returned without a name and address will hi'ot be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name/ID: X-Treme Function Hall — CU 520093983 Form No. 07-26 J 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 A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management E 2009 Planning Division — ATTN: Deanne Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 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, 1 am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: Date: / 14 0 Signed: c�Yl 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: X-Treme Function Hall — CU 520093983 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens NOV I , 200 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 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): {-�_, /57 -� Address: 2-3Z &E74 Cl�yc+ f-L_ Date: /j /_3 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: X-Treme Function Hall — CU 520093983 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens NOV 2 ?Q� 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 2009 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE AI M NOT IN FAVORS-0F THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: -� LJ' 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: X-Treme Function Hall — CU 520093983 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At., East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management £ 2009 Planning Division - ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17 2049 e Cl_iA_ 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 / l 1 i1tt k% j g (Please Print): Ic ry4- Address: "/�!4 Iv �l %G L; t: FT Date: �% �G' ` Signed: Please note that any form returned without a name and address will not be considered. All eturned forms are a matter of public record and available for viewing upon request. Comments: Project Name/ID: X-Treme Function Hall - CU 520093983 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by,the owners of fifty (50) percent or mnrp rif thp araA within five hi,mon; ,t (Ann) feet of the prQparty affected by the proposed action, any ouch 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 A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District, Regarding Property Located At East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens . 2300 Virginia Avenue, Ft Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17.2009 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE 1 AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, 1 am a property owner within 600 feet of the proposed Conditional Use. Name _ f (Please Print): 5A K, E: i_ .5 . _t 6/ ZER ie A Address: r� 5 s 5A aiy e-a / t , L c,T - -tM - 1(0 _ I o 2 r Aet' � . . Date: // /o r Signed: / Please note that an form returned without a name and aridrasc will not he r*ttcidPmd. All rehirned forms are a matter o public record and available for viewing upon request. Comments'. I Project Name/10: X-Treme Function Hall — CU 520093983 For No. 07-26 td Wd9z:T0 600E 0L '^ON EL9I-09b-E2_L: 'ON Xtid HID1 JUd + WUS U883ZNI: W08J 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 A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) ..:- Please Return To: St. Lucie County, Department of Growth Management NOV 0 2069 Planning Division - ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 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): 1q V111101V Q Address: ova a 51-?N J /Zo7 14 Date: %-O� Signed: = - Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name/ID: X-Treme Function Hall - CU 520093983 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management NOV J MS Planninq Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 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, 1 am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: Date: // 7 d 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: X-Treme Function Hall — CU 520093983 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division -- ATTN: Deanna Givens! Ltit� 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 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): OTTMERIM Address: ��� JF/ti DY IJo %(bv✓1 pL i Date: 1�_ 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: Project Name/ID: X-Treme Function Hall — CU 520093983 Form No. 07-26 V 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 A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens „u � 1 � ���� 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 2009 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: % "_YA/ (YL! "'�IZ/iG Date: j G' Signed: G" Please note that any form returned without a name and address will not be consi ' ered. All returned forms are a matter of public record and available for viewing upon request. Comments: e Project Name/ID: X-Treme Function Hall - CU 520093983 Form No. 07-26 ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At. East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens NOV 0 20L9 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 2009 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: Date: Signed: Please note that any form returned without a name a address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name/ID: X-Treme Function Hall — CU 520093983 Form No. 07-26 sltfflwcilz� BOARD OF COUNTY COMMISSIONERS '300 VIRGINIA AVE., FT. PIERCE, FL 34982-5652 GROWTH MANAGEMENT --D v 3010 4 2 7 z� 37 MAI: ED FP-`-";-`! 34,-,-, o2009 %'U ;)IV. Parenteau Bruce F Majesty, LLC (X-Treme Function I !Ba!4, o,r- -211 Mangrove Bay Pl L A petition of consumption of beer and wine as accessory tc 12 Zoning District RETURN TO A'rTzmF)'rvo -- SENDER NOT KNOWN Fort Pierce, FL34982 UNAMLE TO FOJRWARD RS-3 3 49 0 2 S 6 S 219 2 2 0 7 - 0.2 0 S 7 - 0 4 - 4 0 purlmam- BOARD OF COUNTY COMMISSIONERS 2300 VIRGINIA AVE, FT. PIERCE, FL 34982-5652 GROWTH MANAGEMENT Crurne Gayle P 223 Sea Conch PI # M- 14 Fort Pierce, FL34982 M-5 "A' 3 833 7 7, �1 FROl.J 7; P i �v)AJLEO A petition of Majesty, LLC (X-Treme Functior consumption of beer and wine as accessory Zoning District RETURN TO SENDER ATTEMRTED - NOT KNOWN E�] L UNAEM-E- TO FORWARD RS-3 I CG L 9c: 2 20 7 -- 020 e2 04 -- 40 _W5852, krilld lilld 1d)II)I)k 11 kill ill)) 1) IMI)i N co O O C C7 /� lJ i> D -i < =m3v Z rn C) ZW�r�Z ko m N C71 N 0 z 0 H — .. x Z i✓ L. c-; — 4 ZH(r; 4 1 — 0 rzz _ 0 mrz _ rip Yl V 1'1V ~ 4. -jD(. — 0 t7 V (r; Z G �— DOM€yy 0 y�o Eby 41m — of G 0 0 m E� - U {3 1 µ r O 0 a N W O O C c> 07 oD�a =ME0 ��cnO z �p D m m Z C m -�Tl Z z N Cn O> N �+ NO l.. i. = 7 U N N .. lf�r i•i•; w m a S ov 7 i} I�.i { 0 n n N 1 D3 a) m k GROWTH MANAGEMENT DEPARTMENT PLANNING MEMORANDUM TO: Planning and Zoning Commissioners THROUGH: Robin+eswortshs, o(t Director of Gr Management Kristi Planning Manage FROM: Linda Pendarvis, Planner DATE: January 21, 2010 SUBJECT: Addendum to Agenda Item III -A The attach documents are an addendum to the petition of Majesty, LLC for a Conditional Use Permit to allow the on premise consumption of beer and wine as accessory to the social event function hall in the CG (Commercial, General) Zoning District. The subject agenda item was continued to the January 21, 2010 public hearing to allow the applicant time to schedule a neighborhood meeting. The meeting was conducted on January 11, 2010. The memorandum provided to the Growth Management Director is a summary of the issues and concerns that were discussed at the meeting. Staff is recommending the additional condition of approval: • Prior to the issuance of a Building Permit the petitioner, successor or assign shall provide documentation to the Growth Management Department that the proposed building will be constructed of sound proof material to control the degree of noise pollution. The Minor Site Plan file included the floor plan and building elevations of the proposed building. These plans are included for your information. Please let this office know if you have any questions. GROWTH MANAGEMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Mark Satterlee, Growth Management Director FROM: Linda Pendarvis, Planner* DATE: January 12, 2010 SUBJECT: X-treme Social Hall Conditional Use Permit Neighborhood Meeting Attendance Representing the applicant: Representing the County: Location: Time: Date: Rick Farrell, Attorney Ernesto Velsco, Design Engineer Robin Meyer, Growth Management Assistant Director Linda Pendarvis, Project Planner Tropical Isles Mobile Home Park Clubhouse 7:OOPM January 11, 2010 Several Tropical Isles MHP residents were in attendance. Mr. Meyer presented the project and explained the applicant is requesting a Conditional Use Permit to be allowed to serve beer and wine only as accessory to a special event social hall in the CG zoning district. The special event social hall is a permitted use and the applicant has received Minor Site Plan approval for the building. The following information was also discussed and provided: • Mr. Farrell explained that the building will be used for weddings, birthday parties, meetings, banquets, etc. Other buildings that have the same use existing are Knights of Columbus and Polish American Hall in Port St. Lucie. X-Treme Function Hall CU-520093983 Page 1 of 3 Hearing Date: 1/21/2010 • What is the location of the utility services outside the building? • The property owners are two brothers' family oriented, good neighbors. They want to be able to control the amount of alcohol that is transferred in their establishment so that is why they are requesting the Conditional Use Permit rather than allow patrons to bring it into the establishment. • The owners have received funding for the project and are waiting for this approval to move forward. • The owners will be accessible and can be contacted directly if there are any problems. • What type of business are the owners doing now? • Special events must be scheduled and there will be no walk in customers. • Code Enforcement handles noise violations and they are on call at night and weekends. • Board of County Commissioners can revoke a Conditional Use Permit if it is in non- compliance. • The property is zoned Commercial General which allows a variety of uses and some maybe more offensive than this use. • If this was a restaurant, beer and wine would be allowed as accessory to the permitted eating place and a conditional use permit would not be required. • The vehicle parking area lights will not direct lighting off the property. There is a ten foot landscape area and a detention area that is a minimum of thirty five foot wide along the east property line. Neighborhood Comments/Concerns The following is a list of comments or concerns from the adjacent property owners. The residents were mostly concerned with noise issues. 1. How is an eight foot wall going to help with the noise? What is the eight foot wall going to be made of? Made of concrete. The wall will be the entire length of the east property line. 2. Of all the vacant land in the County, why did they have to come here? 3. Will there be valet parking? X-Treme Function Hall CU-520093983 Page 2 of 3 Hearing Date: 1/21/2010 4. Is the Conditional Use Permit transferable? No Can the Conditional Use Permit be revoked? Yes, by the Board of County Commissioners 5. Will there be outside activity? There will be no outside sell of beer and wine. Will there be smoking outside? Yes 6. Can someone just walk into the establishment to have a drink? No 7. Residents concerns regarding crime invasion. Will the Sheriff department be monitoring the business? No 8. Will there be an age limit on the rental of the facility? Yes 9. What is the size of the sign? 6' by 8' 10. What is the square footage of the building? Total square footage of the building is 9,311 square feet. The assembly area included in that is 3,209 sq ft. 11. How many parking spaces are provided? Applicant has provided 86 parking spaces and meets the Land Development Code. X-Treme Function Hall CU-520093983 Page 3 of 3 Hearing Date: 1/21/2010 ate„, No. J11 _q Planning and Zoning Commission Review: 01/21/2010 File Number: CU-520093983 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Planning and Zoning Commission THROUGH: Robin Meyer, sistant Director Kristin Tetsworth, Planning Manag r PREPARED BY: Linda Pendarvis, Planner DATE: January 6, 2010 PROJECT NAME: X-Treme Function Hall SUBJECT: Petition of Majesty, LLC for a Conditional Use Permit to allow the on - premise consumption of beer and wine as accessory to the social event function hall in the CG (Commercial, General) Zoning District. ITEM NO.: III -A On November 19, 2009, the public hearing on this item was continued to January 21, 2010 to allow the applicant time to conduct a neighborhood meeting. At the Planning and Zoning Commission hearing on this item, several residents from the Tropical Isles Mobile Home Park appeared to ask questions and many expressed objections and concerns with the proposed commercial project located within close proximity of their residential area. Based upon the level of concerns staff requested that the item be continued to allow the applicant time to hold a neighborhood meeting. Since that meeting, the applicant scheduled a neighborhood meeting at the Tropical Isles MHP Clubhouse for January 11, 2010. FINDINGS AND RECOMMENDATION Staff has reviewed this petition and determined that this petition conforms to the Standards for Review of Conditional Use Permits as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends the Planning and Zoning Commission forward to the Board of County Commissioners a recommendation for Board adoption of Resolution No. 09-210 granting a Conditional Use Permit to allow the on - premise consumption of beer and wine as accessory to the social event function hall in the CG (Commercial, General) Zoning District, subject to five conditions of approval. Page 1 of 2 X —Treme Function Hall CU-520093983 PREPARED BY: Linda Pendarvis HEARING BODY: Planning & Zoning Commission HEARING DATE: 01/21/2010 1 Suggested motion to recommend approval/denial of this requested conditional use. 2 MOTION TO APPROVE: 3 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC 4 HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS 5 SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, 1 6 HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND 7 THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A 8 RESOLUTION GRANTING APPROVAL TO THE PETITION OF MAJESTY, LLC FOR A 9 CONDITIONAL USE PERMIT TO ALLOW THE ON -PREMISE CONSUMPTION OF BEER 10 AND WINE AS ACCESSORY TO THE SOCIAL EVENT FUNCTION HALL IN THE CG 11 (COMMERCIAL, GENERAL) ZONING DISTRICT, BECAUSE... LIST CONDITION(S)] RIN 13 MOTION TO DENY: 14 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC 15 HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS 16 SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, 1 17 HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND 18 THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A 19 RESOLUTION DENYING THE PETITION OF MAJESTY, LLC FOR A CONDITIONAL USE 20 PERMIT TO ALLOW THE ON -PREMISE CONSUMPTION OF BEER AND WINE AS 21 ACCESSORY TO THE SOCIAL EVENT FUNCTION HALL IN THE CG (COMMERCIAL, 22 GENERAL) ZONING DISTRICT, BECAUSE... 23 [CITE REASON(S) WHY - PLEASE BE SPECIFIC] 24 2 VELCON GROUP, INC. ENGINEERS& SURVEYORS November 25, 2009 Ms. Betty Elmore, Manager Tropical Isles Co -Op, Inc. 281 Tropical Isles Circle Fort Pierce, FI 34982 RE: X-Treme Function Hall Dear Ms. Elmore: On behalf of our clients Majesty LLC, we would like to request a meeting with you to discuss the Conditional Use for the above -mentioned project as required by Saint Lucie County Growth Management Department. Please let us know of a date that would be most convenient to you, but would like to kindly request that you give us a two week notice in advance. Thank you for your time on this matter and should you require additional information, please do not hesitate to contact our office at your earliest convenience. Sincerely, Ernesto Velasco, P.E President Velcon Gr-oup,.Inc. 702 SW Port St. Lucie Blvd., - Port St. Lucie, Florida 34953 - Phone (772) 879-0477 - Fax (772) 871-6659 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 RESOLUTION NO. 10-001 FILE NO.: CU-520093983 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE ON -PREMISE CONSUMPTION EER AND WINE AS ACCESSORY TO THE SOCIAL EVENT FU N HALL IN THE CG (COMMERCIAL, GENERAL) ZONING ICT ON CERTAIN PROPERTY SITUATE IN ST. LUCIE C RIDA. WHEREAS, the Board of County Commissi f St. Lucie CI , Florida, based on the testimony and evidence, including, but not d to the staff repo s made the following determinations: 1. Majesty LLC presented a p on for a Co a PermiNale on -premise consumption of beer and ccessory social event function hall in the CG (Commercial, General) Zoni for a pr located on the east side of US Highway 1, approximately 3,20 et f Midwa d, St. Lucie County, depicted on the attached maps as Exhibit "A d de in Pa 'below. 2. On May 26, r rowth a t 9-001 the Growth Management Director gra pprova a gathe ility form ngs, social events and parties in a two story bul con g of 9,31 ft. for a Minor Site Plan to be known as X- 3. 4 ction lic hearing I otifying by rec ended that t perm) Ilow the on General ng Distri Part "B" be St. L lf�fr Planning and Zoning Commission held a fter pub ng notice at least 10 days prior to the hearing r of property within 500 feet of the subject property, and rd o my Commissioners (approveldeny) a conditional use nise c sumption of beer and wine in the CG (Commercial, the property depicted on the attached maps and described in On January 21, St. Lucie County Planning and Zoning Commission reopened the public hearing Is petition. 4. On XXX, 2010, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 5. The proposed Conditional Use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. File No.: CU-520093983 Resolution No. 10-001 XXX, 2010 Page 1 1 2 3 4 5 6 8 9 10 11 12 13 14 15 6. The proposed Conditional Use 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. 7. The proposed Conditional Use will be serviced by adequate public facilities and services. 8. A Certificate of Capacity as required under Chapter V. Lucie Land Development Code, a copy of which is attached to this resolution as Ex " was granted by the Growth Management Director on XXX. NOW, THEREFORE, BE IT RESOLVED by the r of Cou ommissioners of St. Lucie County, Florida: A. Pursuant to Section 11.07.03 of th Lucie County Lan elopment Code, a Conditional Use Permit for MajestyLLC, prof own as X- a Function HaH, to allow the on -premise con ption of be m the CG (Co rcial, General) Zoning District is hereby ap denied for perty described below, subject to the following conditions: 1. The petitioner, their conditions oidiMNEL by ply with all the applicable 6-021. Compliance with this 2. The hours eration I be limit 11:00 a.m. to 1:00.a.m. Monday thru Friday, 2:00 p.m. to 1:00 atur nd 2:00 p o 12:00 a.m. Sunday pursuant to the CODE OF %En S IELce IDA, ARTICLE I. IN GENERAL, Sec. 1-3-1 — es R ed. this ordinance shall be enforced by the odeAntn. e petitioner, lwsucdWrs or assigns shall be required to install and maintain "ng facilities JLaevelopment ch nner so as to prevent direct glare or hazardous in nce of anto add ning streets or properties in compliance with Section 7.09. of the Code. 4. The Con I ermit granted under this petition is limited to the on -premise consumptio and wine only. The sale of any other alcoholic beverages shall be a major adjustor to this Conditional Use Permit and shall be granted only upon application and approval by the Board of County Commissioners. 5. Prior to issuance of a Vegetation Removal Permit or Exemption, the Landscape Plan for X-Treme Function Hall Minor Site Plan (GM Order 09-001) shall be revised to include an eight (8) foot opaque wall with a continuous hedge along the inside and outside perimeter of the wall and a tree every 30 linear feet in accordance with Section 7.09.04(E) of the Land Development Code on the eastern project boundary. No Certificate of Zoning Compliance shall be issued until the required wall and landscaping has been installed. File No.: CU-520093983 XXX, 2010 Resolution No. 10-001 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 B. The property on which this conditional use permit is being granted/denied is described as follows: A E F LEGAL DESCRIPTION: THE SOUTH 150' OF LOT 227, OF WHITE CITY SUBDIVISION, SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 23, THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, LESS AND EXCE GHT OF WAY FOR US HIGHWAY NO. ONE AND CANAL RIGHT-OF-WAY. Tax ID#: 3403-502-0293-000/7 or 1W East side of US Hig Midway Road, St. Lu This Conditional Use Permit approval sh1q or Certificate of Zoning Comg lance Is sect with Section 11.07.05(F), SCounty The Conditional Use Permit` conditioned to the requirement in interest, sha ,10lull nee Local, State, gu permits or a Izations or Part "B." File No.: CU-520093983 XXX, 2010 feet south of K, 2011 um" ension is gr pment Code. a Building Permit Ilk in accordance Resolution is specifically C, including any successors tions from the appropriate -uance of any local building on the property described in attached to this resolution as Exhibit "B," attached approval. Should the Conditional Use an extension be sought pursuant to Section ,elopment Code, a new certificate of capacity Management Director is hereby authorized and directed to volution to be made on the Official Zoning Atlas of St. Lucie ke notation of reference to the date of adoption of this Resolution No. 10-001 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 After motion and second, the vote on this resolution was as follows: Charles Grande, Chairman Doug Coward, Vice Chair Commissioner Chris Dzadovsky Commissioner Paula A. Lewis Commissioner Chris Craft PASSED AND DULY ADOPTED This XX Deputy XXX XXX XXX SIONERS APPROQD AS TO FORM AND CORRECTNESS: County Attorney lap G:\Planning\PROJECT FILES\X-Treme Function Hall MNSP 720071274\P&Z\Revised\Resolution_X-Treme Function Hall File No.: CU-520093983 XXX, 2010 Resolution No. 10-001 Page 4 ,[7unoj aagogoaayp � Hcc U z� ui J � O O � Z J E C w U (a O O N in N � � Oo ?� �LO +O W W Z cn - 1_ U LO LU m♦ Y O f) Q (a O d , N C O � v U M O , C C M IVNVO (] M8-ISN w r-• C 1 E E O N p z 1 0 M LL U O 1 = N' a� z C. � =�in Ncn (a co 1 c 0 = OL-1 z 1 N� ,Ec as E �= n" �� 0 1 l AWHON sn S 1 0 cn LAVMHJIHsns J OUnC? Li U CnU0-0�Of U a) N ♦ o CD cn O (� rn L O ♦ , I (� a)o* X � �. Q L U CD z Q ♦ '- - • ---. (U J ca �+ O L i1 o a t+ Q V �. cn N z U Q) -0 OL +-+ M 6•" �, O U Q O 4- C O O % U N 0 �p O C co O C) Lo O O Q U N Lf) (n C 1 1 1 1 1- 1 m c 6� z 0 N J rn o G U 5 TTI 0 77� n Q � m a a a � J d J } J a J o •m a Q = 2 O a Q w> W Z W F= O U lfi I > x p J (n w U z � U Z J O O U) U m ' fE 'D m IVNdO GWMYlSN = N C 1 00 O 1 O N LL N LL CO U 1 O J a 1 co c O (� U (7 U 1 c �� N L.L ( c � LO 1 a� m -a E c N rn I V) 1 E m a) 0 a. U E z 1 U M �),VMHJIHsns 1 Ud�� X L Jk`dMHJIH Sn S 1 w o � z ♦ to M = • • U " o O � a-+ Q U U o- Z L •N Q. o c ^� W Q � Q '^ V) Lo 711 1- y l!) C 1 1 1 0Y i EXHIBIT " u St Lucie County Certificate of Capacity Date 2/9/2010 Certificate No. 2851 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 Conditional Use Permit for Beer and Wine Number of units 0 Number of square feet 9,311 2. Property legal description & Tax ID no. 340350202930007 E. side of US Hwy 1, 3200 ft south of Midway X-Treme Function Hall 3. Approval: Building Resolution No. 10-001 Letter 4. Subject to the following conditions for concurrency: Owner's name Majesty, LLC Address 962 SE Breakwater Avenue Port St. Lucie FL 34983 6. Certificate Expiration Date 3/2/2011 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✓V 1 Z5"Z�� k:�- ) , , V knIhr A Date: 2/9/2010 Growth Management Director St Lucie County, Florida Tuesday, February 09, 2010 Page 1 of 2 TROPICAL ISLES COOP INC. 281 Tropical Isles Circle Fort Pierce, FL 34982 Phone/Fax: 772.468•4968 November 19, 2009 Growth Management Department Planning and Zoning Commission 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Linda Pendarvis Dear Ms. Pendarvis: Attached please find 289 signatures of Tropical Isles Mobile Home Park residents against the X-TREME FUNCTION HALL development. On behalf of our residents and on behalf of the Board of Directors at Tropical Isles Mobile Home Park, we strongly oppose the development of X-Treme Function Hall. Tropical Isles Mobile Home Park provides housing designed for persons who are 55 years of age or older and it is a retirement community that consists of 334 lots/units. It is our responsibility to maintain the continuity, appearance and property values of the community and we want our voice to be heard. The increased traffic, noise, gatherings of large assemblies, serving alcohol, and the opening and closing hours of this facility will clearly interfere with the peaceful environment that led our residents to purchase a home and live here at Tropical Isles. Please inform us of all developments and of all public hearings or any meetings about this development so we can participate and oppose this development! Mail to: Tropical Isles Co-op, Inc. 281 Tropical Isles Circle Fort Pierce, Florida 34982 E-mail to: alena(d,tropical-isles.org Phone: 772-468-4968 Thank you. Sincerely, Harvey Sofen, rest ent For and on behalf of the Board of Directors Tropical Isles Co-op, Inc. TROPICAL ISLES CO-OP, INC. 281 Tropical Isles Circle Fort Pierce, Florida 34982 TROPICAL ISLES MOBILE HOME PARK SIGN UP SHEET NOT IN FAVOR OF X-TREME FUNCTION HALL ESTABLISHMENT TROPICAL ISLES CO-OP, INC. 281 Tropical Isles Circle Fort Pierce, Florida 34982 TROPICAL ISLES MOBILE HOME PARK SIGN UP SHEET NOT IN FAVOR OF X-TREME FUNCTION HALL ESTABLISHMENT TROPICAL ISLES CO-OP, INC. 281 Tropical Isles Circle Fort Pierce, Florida 34982 TROPICAL ISLES MOBILE HOME PARK SIGN UP SHEET NOT IN FAVOR OF X-TREME FUNCTION HALL ESTABLISHMENT Mw�- "' = TROPICAL ISLES CO-OP, INC. 281 Tropical Isles Circle Fort Pierce, Florida 34982 TROPICAL ISLES MOBILE HOME PARK SIGN UP SHEET NOT IN FAVOR OF X-TREME FUNCTION HALL ESTABLISHMENT r 0i /V' <y; r TROPICAL ISLES CO-OP, INC. 281 Tropical Isles Circle Fort Pierce, Florida 34982 TROPICAL ISLES MOBILE HOME PARK SIGN UP SHEET NOT IN FAVOR OF X-TREME FUNCTION HALL ESTABLISHMENT rJ TROPICAL ISLES CO-OP, INC. 281 Tropical Isles Circle Fort Pierce, Florida 34982 TROPICAL ISLES MOBILE HOME PARK SIGN UP SHEET NOT IN FAVOR OF X-TREME FUNCTION HALL ESTABLISHMENT TROPICAL ISLES CO-OP, INC. 281 Tropical Isles Circle Fort Pierce, Florida 34982 TROPICAL ISLES MOBILE HOME PARK SIGN UP SHEET NOT IN FAVOR OF oi ( ) , _ . C.>1._ 4 TROPICAL ISLES CO-OP, INC. 281 Tropical Isles Circle Fort Pierce, Florida 34982 TROPICAL ISLES MOBILE HOME PARK SIGN UP SHEET NOT IN FAVOR OF X-TREME FUNCTION HALL ESTABLISHMENT L TROPICAL ISLES CO-OP, INC. 281 Tropical Isles Circle Fort Pierce, Florida 34982 TROPICAL ISLES MOBILE HOME PARK SIGN UP SHEET NOT IN FAVOR OF X-TREME FUNCTION HALL ESTABLISHMENT TROPICAL ISLES CO-OP, INC. 281 Tropical Isles Circle Fort Pierce, Florida 34982 TROPICAL ISLES MOBILE HOME PARK SIGN UP SHEET NOT IN FAVOR OF X-TREME FUNCTION HALL ESTABLISHMENT TROPICAL ISLES CO-OP, INC. 281 Tropical Isles Circle Fort Pierce, Florida 34982 TROPICAL ISLES MOBILE HOME PARK SIGN UP SHEET NOT IN FAVOR OF TROPICAL ISLES CO-OP, INC. 281 Tropical Isles Circle Fort Pierce, Florida 34982 TROPICAL ISLES MOBILE HOME PARK SIGN UP SHEET NOT IN FAVOR OF X-TREME FUNCTION HALL ESTABLISHMENT o 2 k-, J ' ' TROPICAL ISLES CO-OP, INC. 281 Tropical Isles Circle Fort Pierce, Florida 3498�_ TROPICAL ISLES MOBILE HOME PARK SIGN UP SHEET NOT IN FAVOR OF X-TREME FUNCTION HALL ESTABLISHMENT 1 Knee c7- TROPICAL ISLES CO-OP, INC. 281 Tropical Isles Circle Fort Pierce, Florida 34982 TROPICAL ISLES MOBILE HOME PARK SIGN UP SHEET NOT IN FAVOR OF X-TREME FUNCTION HALL ESTABLISHMENT Ile-xv �.��- 48-1 7A-nn - 9 TROPICAL ISLES CO-OP, INC. 281 Tropical Isles Circle Fort Pierce, Florida 34982 TROPICAL ISLES MOBILE HOME PARK SIGN UP SHEET NOT IN FAVOR OF X-TREME FUNCTION HALL ESTABLISHMENT 1 �` , - wim. ROSS :—_Oft 1 G2c_ i. �L • .: `j�/a- 'ROCZ 9ILI TROPICAL ISLES CO-OP, INC. 281 Tropical Isles Circle Fort Pierce, Florida 34982 TROPICAL ISLES MOBILE HOME PARK SIGN UP SHEET NOT IN FAVOR OF X-TREME FUNCTION HALL ESTABLISHMENT G-�-k 1 WPOW1 COUNTY F LORI D A AGENDA REQUEST ITEM NO. III-D DATE: 11 /19/09 REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASI -JD (X ) CONSENT ( ) TO: Planning and Zoning Commission PRESENTED BY Linda Pendarvis SUBMITTED BY: Growth Management Department Planner 0) SUBJECT: Petition of Majesty, LLC for a Conditional Use Permit to allow the on -premise consumption of beer and wine as accessory to the social event function hall in the CG (Commercial, General) Zoning District. BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: May 26, 2009 — Growth Management Director by GM Order 09-001 granting a Minor Site Plan approval for a gathering facility for meetings, social events and parties. RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward to the Board of County Commissioners a recommendation of approval for Resolution No. 09-210. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER County Attorney ( ) County Engineer ( ) Coordination/Signatures County Surveyor Daniel S. McIntyre Michael Powley Originating Dept. ( ) Mark Satterlee ERD Ron Harris Karen Smith PLANNING AND ZONNG COMMISSION Hearing Date: 11/19/09 GM File Number CU 520093983 Applicant Majesty, LLC 772-344-1955 Property Location East of US Highway 1, ap- proximately 3200 ft south of Midway Road Land Use & Zoning COM (Commercial) CG (Commercial, General) Staff Recommendation Staff recommends the P & Z Commission forward to the BOCC a recommendation for Board adoption of Resolution No. 09-210 Project Staff Linda Pendarvis 2300 Virginia Avenue Fort Pierce, FL 34982 772-462-1562 pendarvisl@stlucieco.org W*,LLC N OKQWM M&4 Ad m s'u V 3 c a a i Ba#_ No —Flare�a iY �`;Z� Bk NwAta BW X-Treme Function Hall 0 AGENDA ITEM No. III—D CU 520093983 Location: East of US Highway 1, approximately 3200 feet south of Midway Road Project Description Further details are available in the Petition of Majesty, LLC for a Conditional Use Growth Management Department — Permit to allow the on -premise consumption of please contact: beer and wine as accessory to a social event function hall in the CG (Commercial, General) Staff Linda Pendarvis Zoning District. tel. 772-462-1562 Background May 26, 2009—Growth Management Director Email pendarvisl@stlucieco.org by GM Order 09-001 granting a Minor Site Plan approval for a gathering facility for meetings, Mail 2300 Virginia Avenue social events and parties. Fort Pierce, Florida 34982 Recommended Board Action Staff recommends the Planning and Zoning The St. Lucie County Planning and Zoning commission forward to the Board of County Commission has the power to review and Commissioners a recommendation of approval recommend to the St. Lucie County Board for Resolution No. 09-210. of County Commissioners, for approval or disapproval, any applications within their area of responsibility. Anyone with a disability requiring accommo- dation to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 Planning and Zoning Commission Review: 11/19/09 File Number: CU-520093983 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT 1 To: Planning and Zoning Commission 2 3 Through: Robin Meyer, AICP; As or 4 Kristin Tetsworth, Plann 5 6 Prepared by: Linda Pendarvis, Plannerpf 7 8 Item: Resolution No. 09-210 9 10 Project Name: X-Treme Function Hall 11 12 Subject: Petition of Majesty, LLC for a Conditional Use Permit to allow the on- 13 premise consumption of beer and wine as accessory to the social event 14 function hall in the CG (Commercial, General) Zoning District. 15 16 Location: East side of US Highway 1, approximately 3,200 feet south of Midway 17 Road, St. Lucie County, Florida. 18 19 Parcel size: 1.93 acres 20 21 Parcel Id: 3403-502-0293-000/7 22 23 Existing use(s): Vacant 24 25 Proposed use(s): Conditional Use Permit to allow the on -premise consumption of beer and 26 wine only. 27 28 Zoning: CG (Commercial, General) 29 30 Future Land use: COM (Commercial) 31 32 Wetlands: None 33 34 Urban service 35 Boundary: Within the Urban Service Boundary 36 37 Utilities: Public water and sewer. 38 Type of 39 Concurrency 40 Document: Certificate of Capacity 41 Page 1 of 7 X —Treme Function Hall CU-520093983 PREPARED BY: Linda Pendarvis HEARING BODY: Planning & Zoning Commission HEARING DATE: 11/19/2009 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 Neighborhood Meeting: The applicant, Majesty, LLC, declined the request from the Growth Management Department to conduct a neighborhood meeting. ********************************************************************* STANDARDS OF REVIEW AS SET FORTH IN SECTIONS 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The Future Land Use Designation is COM (Commercial). The COM designation is intended to accommodate all commercial zoning districts as identified under the St. Lucie County Land Development Code. The Future Land Use Policy 1.1.8.11 sets forth standards for locating commercial and industrial development. These standards require a strict demonstration of service availability. The subject property will be served with public water and sewer from the City of Fort Pierce and has direct access from US Highway 1 to the west that demonstrates the availability of services in compliance with the Comprehensive Plan. The subject site is located within the CG (Commercial, General) Zoning District and pursuant to Section 3.01.03(S) of the Land Development Code, the purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. On May 26, 2009, Growth Management Director approved a Minor Site Plan for a 9,311 sq ft building on 1.86 acres of land for a gathering facility for meetings, social events and parties by GM Order 09-001 in compliance with Section 11.02.07 — Standards for Site Plan Review of the Land Development Code. Pursuant to Section 3.01.03(S)(2)ss of the Land Development Code, recreation facilities are permitted in the CG (Commercial, General) Zoning District. Majesty, LLC has submitted a subsequent petition to permit the on -premise consumption of beer and wine only, with in the proposed social event facility. The petitioner is not proposing any retail sale of food. If food is provided for a function it will be by a catering service. Pursuant to Section 3.01.02(S)7b, selling alcoholic beverages without having an eating place as a principal use is permitted under Conditional Uses in the CG (Commercial General) Zoning District. Section 3.01.02(S)7b — "Drinking place (alcoholic beverages) -free standing j' refers to SIC Code 5813 — "Drinking Places (Alcoholic Beverages)" which allows the retail sale of alcoholic drinks, such as beer, ale, wine, and liquor, for consumption on the premises. The sale of food frequently accounts for a substantial portion of the receipts of these establishments. 47 The proposed hours of operation are 9:00 a.m. to 2:00 a.m. Sunday thru Saturday. The 48 hours to sell alcoholic beverages will be from 11:00 a.m. to 1:00.a.m. Monday thru 49 Friday and 2:00 p.m. to 1:00 a.m. Saturday and Sunday in compliance with CODE OF 50 ORDINANCES County of ST. LUCIE, FLORIDA, ARTICLE I. IN GENERAL, Sec. 1-3-1- 51 Hours of Sale Regulated, which restricts the hours to sell alcohol as follows: Page 2 of 7 X —Treme Function Hall CU-520093983 PREPARED BY: Linda Pendarvis HEARING BODY: Planning & Zoning Commission HEARING DATE: 11/19/2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 No alcoholic beverages may be sold, consumed or served or permitted to be served or consumed, in any place in the unincorporated areas of the county holding a license under the Florida Division of Beverages of the Department of Business Regulations except for licensees operating bottle clubs as defined in section 561.01(15), Florida Statutes (1990 Supplement), in existence on January 1, 1991, during the following hours: (1) Between the hours of 2:00 a.m. and 7:00 a.m. of the same day on weekdays; (2) Between the hours of 2:00 a.m. and 1:00 p.m. on Sunday, except that wine, champagne and beer may be consumed or served on -premises after 11:00 a.m. on Sundays in conjunction with the service of food in establishments which are accessory to an eating place; and (3) Between the hours of midnight and 7:00 a.m, on Monday, except when December 31 shall fall on Sunday, in which event the same closing hours shall apply as on weekdays. Any bottle club exempted from the provisions of this section shall be treated as a nonconforming use that is subject to the provisions of section 10.00.02 of the St. Lucie County Land Development Code. The exemption of this section shall only apply to the specific licensee operating the bottle club on or before January 1, 1991. Furthermore, all on -site activities must be in compliance with Noise Ordinance 06-021. The compliance with these ordinances shall be enforced by the Code Enforcement Division. B. EFFECT ON NEARBY PROPERTIES The subject property is located within the CG (Commercial, General) Zoning District, within an area primarily developed with commercial development. Land Use and Zoning of subject site: Future Land Use Map Designation Zoning Existing Land Use COM Commercial CG Commercial, General Vacant Surrounding Land Use and Zoning: Future Land Use Zoning Existing Land Use Map Designation North COM (Commercial) CG (Commercial, General) Vacant South COM (Commercial) CG (Commercial, General) St. Lucie County Cancer Center East RU (Residential PUD (Planned Unit PUD (Mobile Homes — Urban — 5du/acre) Development) Tropical Isles) across a 60 ft wide canal right-of-way West COM (Commercial) I CG (Commercial, General) Auto Sales X —Treme Function Hall CU-520093983 HEARING BODY: Planning & Zoning Commission Page 3 of 7 PREPARED BY: Linda Pendarvis HEARING DATE: 11/19/2009 1 2 Adjacent zoning to the subject site is CG (Commercial General) to the north, south and 3 west and property to the east is developed with a mobile home park known as Tropical 4 Isles PUD (Planned Unit Development) across a 60 foot wide canal right-of-way. The 5 property to the north is vacant, property to the south is developed with medical office 6 buildings, and the property to the west is developed with an auto sales center. As per 7 approved site plan entitled X-Treme Function Hall dated May 26, 2009, a 15 ft. wide 8 buffer is proposed along the western property line on US 1 and a 10 ft. wide landscaping 9 buffer is proposed along the north, south, and east property lines to mitigate any 10 negative impacts on the adjoining properties. In addition, the proposed structure is 11 approximately 247 feet from the eastern property line, further reducing the impact of the 12 proposed development on the residential community to the east. 13 14 Pursuant to Section 7.09.04(E) of the Land Development Code, staff recommends a 15 masonry wall at least eight (8) feet in height to reduce any negative impacts on the 16 residential community to the east. The masonry wall shall be landscaped with a 17 continuous hedge along perimeter of the wall on both sides. One tree shall be planted 18 along the wall for every thirty (30) linear feet or major fraction thereof. The tree plantings 19 shall be alternated so that at least 60% of the required number of trees is located on the 20 outside of the wall. The remaining 40% of the required perimeter tree plantings shall be 21 located on the inside of the wall. 22 23 County records indicate there is no free standing drinking places located within 1,600 24 feet of the subject site. 25 26 Furthermore, the proposed project is in compliance with Section 7.10.11 of Land 27 Development Code, which sets the distance requirements for alcoholic beverages as 28 follows: 29 30 A. DISTANCE RESTRICTIONS FOR PERSONS SELLING OR TRANSFERRING 31 ALCOHOLIC BEVERAGES 32 33 No sales or transfers of alcoholic beverages for on -premises consumption shall 34 be permitted except as noted below, within one thousand six hundred (1, 600) 35 feet of a religious facility, school, public park, or public playground. This section 36 shall not be applicable to sales or transfers by any license holder whose use of 37 his premises for such sale existed before the establishment of the use of the 38 religious facility, school, public park, or public playground, or when the religious 39 facility is located in a CG (Commercial, General) zoning district as a temporary 40 use pursuant to Section 8.02.02(H). 41 42 B. MEASUREMENT 43 44 The manner of measurement of the distance referred to in Section 7.10.11(A) 45 above shall be as follows: 46 47 Begin at the main entrance of the church or school building or a public park or 48 playground, regardless of which zoning they are in, thence run to the centerline 49 of the street right-of-way in front of such entrance, thence along the centerline of 50 such street right-of-way to a point immediately opposite the main entrance of the Page 4 of 7 X —Treme Function Hall CU-520093983 PREPARED BY: Linda Pendarvis HEARING BODY: Planning & Zoning Commission HEARING DATE: 11/19/2009 I proposed licensed premises, thence to the center of the main entrance of the 2 building of the proposed licensed premises. 3 4 If there is more than one public entrance to an establishment, the main entrance 5 shall be construed to mean the principal or leading entrance to the premises 6 involved and to which the traffic route, whether vehicular or pedestrian, of those 7 going to and from said premises chiefly directs itself. 8 9 However, in no case shall the distance between a licensed establishment and a 10 religious facility, school, public park, or public playground be less than one 11 thousand feet (1,000) measured by a straight line between the nearest corners of 12 the establishment and a religious facility building, or in the case of a school, 13 public park, or public playground, measured by a straight line between the 14 licensed establishment and the park, playground, school building, or school 15 playground area. 16 17 Therefore, the proposed project is not expected to interfere with the development and 18 use of the neighboring properties. 19 20 C. ADEQUACY OF PUBLIC FACILITIES 21 22 The proposed project will be served with public water and sewer from the Fort Pierce 23 Utilities Authority. 24 25 D. ADEQUACY OF FIRE PROTECTION 26 27 Emergency Medical Services (EMS) will be provided by the St. Lucie County Fire 28 District. The nearest Fire Rescue Station #6 (350 E. Midway Road) is located 29 approximately 1 miles northeast from the proposed project. 30 31 E. ENVIRONMENTAL IMPACT 32 33 The Environmental Resource Department has addressed concerns with the requested 34 Conditional Use Permit by imposing the following condition of approval within Resolution 35 No.09-210: cm. 37 Prior to issuance of a Vegetation Removal Permit or Exemption, the 38 Landscape Plan for X-Treme Function Hall Minor Site Plan shall be revised to 39 include an eight (8) foot opaque wall with a continuous hedge along the inside 40 and outside perimeter of the wall and a tree every 30 linear feet in 41 accordance with Section 7.09.04(E) of the Land Development Code on the 42 eastern project boundary. No Certificate of Zoning Compliance shall be 43 issued until the required fence and landscaping has been installed. 44 45 46 FINDINGS AND RECOMMENDATION 47 48 Staff has reviewed this petition and determined that this petition conforms to the Standards for 49 Review of Conditional Use Permits as set forth in Section 11.07.03 of the St. Lucie County Land 50 Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie Page 5 of 7 X—Treme Function Hall CU-520093983 PREPARED BY: Linda Pendarvis HEARING BODY: Planning & Zoning Commission HEARING DATE: 11/19/2009 2 4 5 6 7 8 County Comprehensive Plan. Staff recommends the Planning and Zoning Commission forward to the Board of County Commissioners a recommendation for Board adoption of Resolution No. 09- 210 granting a Conditional Use Permit to allow the on -premise consumption of beer and wine as accessory to the social event function hall in the CG (Commercial, General) Zoning District, subject to five conditions of approval. X —Treme Function Hall CU-520093983 Page 6 of 7 HEARING BODY: Planning & Zoning Commission PREPARED BY: Linda Pendarvis HEARING DATE: 11/19/2009 1 Suggested motion to recommend approval/denial of this requested conditional use. 2 MOTION TO APPROVE: 3 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, 4 INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN 5 SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE 6 THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE 7 COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION GRANTING 8 APPROVAL TO THE PETITION OF MAJESTY, LLC FOR A CONDITIONAL USE PERMIT TO 9 ALLOW THE ON -PREMISE CONSUMPTION OF BEER AND WINE AS ACCESSORY TO THE 10 SOCIAL EVENT FUNCTION HALL IN THE CG (COMMERCIAL, GENERAL) ZONING 11 DISTRICT, BECAUSE... LIST CONDITION(S)] 12 13 MOTION TO DENY: 14 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, 15 INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN 16 SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE 17 THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE 18 COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION DENYING THE 19 PETITION OF MAJESTY, LLC FOR A CONDITIONAL USE PERMIT TO ALLOW THE ON- 20 PREMISE CONSUMPTION OF BEER AND WINE AS ACCESSORY TO THE SOCIAL EVENT 21 FUNCTION HALL IN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT, BECAUSE... 22 [CITE REASON(S) WHY - PLEASE BE SPECIFIC] 23 7 Environmental Resources -_ _ Department COUNTY Agenda Item Companion Report TO: Planning and Zoning Commission THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Jennifer Evans, Environmental Resources Department Amy Mott, Environmental Regulations Manager DATE: October 15, 2009 SUBJECT: X-treme Function Hall Conditional Use Department Coordination Environmental Resources Department (ERD) worked closely with Growth Management, as well as other members of the Development Review Committee regarding this item. Fin in The ERD conditions of approval have been incorporated into the attached Growth Management Resolution. Recommendations ERD supports Growth Management's recommendation of approval with conditions as outlined in the attached resolution. s ature -1- OC,T q 10 - �V Environmental Resources Department Agenda Item Companion Report TO: Planning and Zoning Commission THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Jennifer Evans, Environmental Resources Department DATE: August 10, 2009 SUBJECT: X-Treme Function Hall Conditional Use Department Coordination Environmental Resources Department (ERD) worked closely with Growth Management, as well as other members of the Development Review Committee regarding this item. Ekndincm ERD has no additional comments regarding the proposed conditional use. All ERD related concerns have been addressed within the Minor Site Plan for this project, which was approved by GM Order 09-001. Recommendations ERD supports Growth Management's recommendation of approval. ig ure - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. 09-210 FILE NO.: CU-520093983 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE ON -PREMISE CONSUMPTION O EER AND WINE AS ACCESSORY TO THE SOCIAL EVENT FU N HALL IN THE CG (COMMERCIAL, GENERAL) ZONING ICT ON CERTAIN PROPERTY SITUATE IN ST. LUCIE C RIDA- WHEREAS, the Board of County Commis: testimony and evidence, including, but not determinations: Maiesty LLC presented a pJ consumption of beer and vJl (Commercial, General) Zon Highway 1, approximately 3,; the attached maps as Exhib 2. On Novemb� public heari and notifying t recommended P al) ZMR "B" below. 4 OnIq notice within ry 5, 201 U 6east 10 da t of the or to tFWhe Ict property. 5f St. Lucie C1 to the staff rep Florida, based on the Is made the following Permit to allole on -premise ;ial event function hall in the CG located on the east side of US kid, St. Lucie County, depicted on and Zoning Commission held a g notice 2Wast 10 days prior to the hearing within 500 feet of the subject property, and pissioners (approve/deny) a conditional use kf beer and wine in the CG (Commercial, ed on the attached maps and described in a public hearing on the petition, after publishing aring and notifying by mail all owners of property 5. The propose dit' se is consistent with the goals, objectives, and policies of the St. Lucie Coun ehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. ie County Land Development Code. 6. The proposed Conditional Use 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. 7. The proposed Conditional Use will be serviced by adequate public facilities and services. 8. A Certificate of Capacity as required under Chapter V. St. Lucie Land Development Code, a copy of which is attached to this resolution as Exhibit "B," was granted by the Growth File No.: CU-520093983 Resolution No. 09-210 January 5, 2010 Page 1 Management Director on XXX. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.07.03 of the St. Lucie Cou Land Development Code, a Conditional Use Permit for Majesty LLC, for the proj wn as X-Treme Function Hall, to allow the on -premise consumption of beer and n the CG (Commercial, General) Zoning District is hereby approved/denied for y described below, subject to the following conditions: 1. The petitioner, their successors conditions of the St. Lucie Coun ordinance shall be enforced by the 2. The hours of operation wi be limited to 2:00 p.m. to 1:00 a.m. S and Su County of ST. LUCIE, FL TIC Regulated. Compliance wi i Division. Ifgns shall co with all the applicable Ordinance No. 0 . Compliance with this Enforcement DivisiallIlL :00.a.m. Mo hru Friday and nd ant to the CODE ORDINANCES LE I. NERAL, Sec. 1-3-1 - Hours of Sales nce sha nforced by the Code Enforcement 3. The petitio Ak sso assi a recited to install and maintained lighting ies a m s ent direct glare or hazardous interfere anadjoini ets or pro rties in compliance with Section 7.09.04 (K) elopmen e. eplication ional d u this petition is limited to the on -premise su f be wine o e of any other alcoholic beverages shall be a or adju t to Conditio se Permit and shall be granted only upon an rova a Board of County Commissioners. 5. P issuance o egetatlWRemoval Permit or Exemption, the Landscape Plan for X-T Function Minor Site Plan shall be revised to include an eight (8) foot opaqu with a c nuous hedge along the inside and outside perimeter of the wall and a tr ery ear feet in accordance with Section 7.09.04(E) of the Land Developme n the eastern project boundary. No Certificate of Zoning Compliances issued until the required fence and landscaping has been installed. File No.: CU-520093983 January 5, 2010 Resolution No. 09-210 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 B. The property on which this conditional use permit is being granted/denied is described as follows: C u E. F LEGAL DESCRIPTION: THE SOUTH 150' OF LOT 227, OF WHITE CITY SUBDIVISION, SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 23, Ck THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, LESS AND EXCE GHT OF WAY FOR US HIGHWAY NO. ONE AND CANAL RIGHT-OF-WAY. 3403-502-0293-000/7 East side of US Hig Midway Road, St. Lui This Conditional Use Permit approval A Permit or Certificate of Zon' Complian accordance with Section 11�F), St. I The Conditional Use Permit conditioned to the requirement in interest, shal all nei Local, State, gu permits or a lzations or Part "B." File No.: CU-520093983 January 5, 2010 00 feet south of nless a Building Fis granted in nt Code. Resolution is specifically C, including any successors tions from the appropriate >uance of any local building on the property described in ks attached to this resolution as Exhibit "B," se approval. Should the Conditional Use an extension be sought pursuant to Section ,elopment Code, a new certificate of capacity Management Director is hereby authorized and directed to volution to be made on the Official Zoning Atlas of St. Lucie ke notation of reference to the date of adoption of this Resolution No. 09-210 Page 3 After motion and second, the vote on this resolution was as follows: Paula A. Lewis, Chair XXX Charles Grande, Vice Chair XXX Commissioner Chris Dzadovsky Commissioner Doug Coward Commissioner Chris Craft PASSED AND DULY ADOPTED This 5tn SIONERS APPROWD AS TO FORM AND CORRECTNESS: county Attorney lap G:\Planning\PROJECT FILES\X-Treme Function Hall MNSP 720071274\P&Z\Revised\Resolution X-Treme Function Hall File No.: CU-520093983 Resolution No. 09-210 January 5, 2010 Page 4 1 2 3 4 5 6 7 8 • G 9 • An 10 11 12 13 14 15 16 17 File No.: CU-520093983 January 5, 2010 31 Use Resolution No. 09-210 Page 5 MM z N W q N O M 3. 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O ++ W Q VJ YJ` D , ■ � 1 1 1 1 X-treme Function Hall - CU-520093983 Distances (est.) between establishment front door (est. location) School - 7308 ± ft. Church (northern) - 4095 ± ft. Church (southern)- 1736 ± ft. Legend N * Place of Worship jSchools -X-trenne Function Hall with 1000 ft. buffer 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 (To be File No.: CU-520093983 January 5, 2010 Exhi city C Packet) Resolution No. 09-210 Page 6 Deanna Givens From: Chris Newman Sent: Thursday, October 22, 2009 8:26 AM To: Deanna Givens; Katherine Smith Subject: RE: Bankruptcy and forclosures - X - Treme No bankruptcies or foreclosure. From: Deanna Givens Sent: Wednesday, October 21, 2009 12:56 PM To: Katherine Smith; Chris Newman Subject: Bankruptcy and forclosures - X - Treme One more, I hope - can you please check for bankruptcy and forclosures for the following property. X-Treme Function Hall - 3403-502-0293-000-7 Thank you Deanna Givens Planning Technician Growth Management Gi ve n sd r stl a ci eco. o rg 772-462-6426 ccnr wurc. nunua nas very oroaa puoIic 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 Countv that all County records shall be open for personal inspection. examination and i 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 officiais 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 oersonal inspection. examination and or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error. please notify the sender by reply e-mail and delete all materials from all computers. Property Appraiser - St.Lucie County, FL Page 1 of 1 k-�c�w,� �unc��on �g�� PROPERTY RECORD CARD Henry J Etienne Record: 1 of 1 <<Prev Next » Spec.Assmnt Taxes Exemptions Permits Home Print Property Identification ,�yUCIE � Site Address US HWY 1 ParcellD: 3403-502-0293-000-7 Sec/Town/Range: 10:36S:40E Account #: 170897 Map ID. 34/1ON Land Use: Vac Comm Zoning. CG City/Cnty: St Lucie County Ownership and Mailing Legal Description Owner: Henry J Etienne Claude Etienne WHITE CITY S/D 10 36 40 S 150 FT OF LOT 227-LESS US 1 AND Address: 962 SE Breakwater Ave LESS CANAL RS/W- (1.93 AC) (MAP 34/1 ON) (O Port St Lucie FL 34983 More... Sales Information Assessment 2009 TRIM Total Land and Building Date Price Code Deed Book/Page 2009 TRIM: 393300 Land Value: 393300 Acres: 1.93 6/22/2006 1375000 00 WD 2624 / 1821 Assessed: 393300 Building Value: 0 6/3/2005 500000 00 SP 2268 / 0619 Ag.Credit: 0 Finished Area: 0 SgFt Exempt: Taxable: Taxes: 7647.15 BUILDING INFORMATION No Sketch Available No Image Available Exterior Features View. RoofCover: RoofStruct: ExtType: YearBlt Frame: Grade: EffYrBlt: PrimeWall: StoryHght - No.Units: SecWall Interior Features BedRooms 0 Electric: PrmintWall: FuliBath: 0 HeatType: AvgHUFI: 1/2Bath: 0 HeatFuel: - Prm.Fiors: - %A/C: 0 %Heated: 0 %Sprinkled: 0 Special Features and Yard Items Land Information Type Y/S Oty. Units Qual. Cond. YrBlt. No. Land Use Type Measure Depth 1 1009-Vac Comm XI -Sq Feet 84037 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://www.paslc.org/prc.asp?prclid=340350202930007 10/21/2009 C U S a OOg3qd3 Pnnt;Forrri NOTIA. Lit COUNTY :, F';L 0 R I D Ate' ST. LUCIE COUNTY GROWTH MANAGEMENT 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 www.stlucieco.gov/)Zro-,k-tli DEVELOPMENT APPLICATION Prior to submittal, all applications require a completeness review. Please contact Growth Management Department to schedule an appointment. Submittal Type [check each that appliesl Site Plan ❑ Major Site Plan ❑ Minor Site Plan ❑ Major Adjustment to Major Site Plan ❑ Major Adjustment to Minor Site Plan ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Minor Adjustment to Major Site Plan ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use 1 er Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Flood Damage Prevention ❑ Variance to Coastal Setback Line Rezoning 3 ❑ Rezoning (straight rezoning) ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Rezoning with Plan Amendment Comprehensive Plan Amendment 4 ❑ Future Land Use Map Change ❑ Comprehensive Plan Text Amendment Other ❑ Administrative Relief ❑ Class A Mobile Home 5 ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Electrical Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 ❑ Land Development Code Text Amendment 7 ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # 8 ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements 9 Application Supplement Packages } Conditional Use 4. Comp. Plan Amendments 7. LDC Text Amendment 2. Variance 5. Class A Mobile Home 8. Re- Submittal 3. Rezoning / Zoning Atlas Amend. 6. Historical Designation/Change 9. Waiver to LDC/Comp. Plan Requirements Refer to Fee Schedule for applicable fees For an application to be determined complete all required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised March 24, 2009 19 209 G v F t_ �al� r.f-en,'u, FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — GROWTH MANAGEMENT Application Type: Conditional Use Supplemental Application Package No.: 1 (Please provide separate fee calculation worksheet for each application type) g BASE REVIEW FEE: 0 CONCURRENCY FEE: 0 ERD REVIEW FEE: ❑ PER ACREAGE CHARGE: g RESUBMITTAL FEE: (if applicable) a PRE -APPLICATION MEETING FEE: Receipt No. of Payment: 96630 Date of Pre App: 05/07/2009 TOTAL APPLICATON FEES DUE: $gee oe — 2_ $ 50.00 oo • coo L�-k sj��'gn �J • ao SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047;� �) amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting�� (If Applicable — for Major Site Plans and PUD only) 106 1 • Additional fees will be due if a 3`d party traffic study review is needed. T ese services will be invoiced to applicant upon receipt of quote of services from 3rd party. t� • Please note: For all projects requiring public notice, you will also be required to pay St. Lucie County Growth Management for the actual cost of ad and mail notices, and will be responsible for creation and placement of signage, including all costs associated. ; P HENRY J ETIENNE Applicant Name (Printed Page 2 of 6 Revised March 26, 2009 icant 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: ✓D Application (in black ink) - with property owner signature(s) and notary seal (1 original & 9 ✓ copies) ✓0 Narrative - a detailed written narrative describing the proposed request 13 Aerial Photograph — property outlined (available from Property Appraiser's office I7 Property Deed ® Legal Description (in MS Word format) of subject property ✓ O Property Tax Map — property outlined (electronic copy not required) ® Survey ✓ 13 2 CDs of all documents submitted - files named according to the Required Document Naming List. 9 Concurrency Deferral Affidavit (Prelim. Development Orders only); or ® Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02(C)). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: D 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: 0 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) O Environmental Impact Report (4 copies) if: (See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications require the following: O Letter of request outlining status of approved conditions — submitted at least 60 days prior to expiration. (LDC 11.02.06) Q Updated Traffic Analysis if applicable ❑ Previous approved Resolution(s) or GM Order(s) Post Development Order Changes (LDC 11.01.04) requires the following: D Description of Request ❑ Previous approved Resolution(s) or GM Order(s) with Proposed Change(s) Administrative Relief to Parking (LDC 7.06.01) and Landscaping (LDC 7.09.04.0) Applications require the following: O Letter of justification ❑ Traffic Analysis (if applicable) O Landscape Plan (if applicable) Page 3 of 6 Revised March 24. 2009 Project Information Project Name X-TREME FUNCTION HALL Site address: East of US Highway 1, approximately 500-ft South of Gopher Avenue, Fort Pierce Parcel ID Number(s): 3403-502-0293-0007 Legal Description*: Attach additional sheets if necessary — also must be in Word format on CD The South 150-ft of Lot 227 of White City Subdivision, Section 10, Township 36 South, Range 40 East, according to the map or plat thereof, as recorded in Plat Book 1, Page 23, of the public records of St Lucie County, Florida, less and except right-of-way for US Highway No. 1 and canal right-of-way *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any hearing(s). List any Companion Development Applications associated with this request (provide status — i.e. "under review". "approved" and dates. MINOR SITE PLAN APPLICATION, UNDER REVIEW Property location — Section/Township/Range: Section 10; T36S; R40E Property size — acres: 1.93 Acres Square footage: 84,101.13 Future Land Use Designation: COM ( Commercial) Zoning District: CG (Commercial General) Description of project: (Attach additional sheets if necessary) The applicant is proposing a gathering facility for meetings, social events and parties, etc. Type of construction (check all applicable boxes): fir` Commercial Total Square Footage: Existing 0 Proposed: 9,311 ❑ Industrial Total Square Footage: Existing Proposed: ❑ Residential No. of residential units: Existing Proposed: No. of subdivided lots: Existing Proposed: Other Please specify: Number and size of out parcels (if applicable): N/A Page 4 of 6 Revised March 26, 2009 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Name: MAJESTY, LLC Address: 962 SE BREAKWATER AVE PORT ST LUCIE, FL 34983 Phone: 772-344-1955 Fax: 772-621-4698 Email: henryjetienne@yahoo.com Agent Information: Name: VELCON GROUP, INC. Address: 702 SW PORT ST LUCEI BLVD PORT ST LUCIE, FL 34953 Phone: 772-879-0477 Fax: 772-871-6659 Email: ernestov@velcongroup.com Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. ibu R iy wn r ig atu Pr perty Owner Name Trinted) Address: 962 SE Breakwater Avenue Port St Lucie, FI 34983 Phone: 772-344-1955 If more than one owner, please submit additional pages STATE OFCOUNTY OF —64- The foregoing instrument was acknowledged before me this day of , 20 by & n r k E-41 -r— fl t -C- who is personally known to me or who has produced r Page 5 of 6 Revised March 26, 2009 as identification. de 1-4 -ype or Print Name ot Notary (Seal) NOTARYPUBa-sTATB OF FLORIDA *Angelica I. Cowdell Commission # DD493019 ires:Bonded ThruAtlantic)ECBonding co., inc. Required Document Naming List * All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on CD Aerial Photograph A plication Approval Order Architectural Elevations PDF PDF PDF PDF Aerial. df v Application.pdt A provalOrder.pdf ArchElev.pdf Bounda / Topographic Survey Drainage / Stormwater Plan PDF PDF Bounda To o. df Draina ePln.pdf Easements PDF Easements.pdf Environmental Im act Report PDF or Word EIR. df or EIR.doc Existing Condition Plan Flood Plain PDF ExistingCond.pdf PDF or Word Flood.pdf or Flood. Doc Florida Master Site File-- __ PDF FLMSF.pdf Landscape Plan PDF Landsca e.pdf Legal Description Word Le al.doc Lighting Plan PDF Li htin .pdf Mitigation Plan PDF Miti ation.pdf Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Pavin Plan PDF Pavin .pdf Permit (External) PDF PermitA.pdf Permit Internal PDF PermitB.pdf Plat PDF Plat.pdf or Plat.doc Property Deed PDF Deed.pdf t "' Site Plan PDF SitePlan.pdf Tax Map PDF TaxMap.pdf Traffic Impact Report PDF or Word TIR. df or TIR.doc Tree Survey PDF Tree.pdf Turtle Protection PDF or Word Turtle.pdf or Turtle.doc Utiliity Plan PDF Utiliit .pdf Vegetation Removal Application PDF Vegetation.pdf t-eo 12 ua UL:4up KICKey L r-arren, r.A. / /L-sJb-1bUS P. ' Print Form Supplement` 1 Conditional Use Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 1 1.C7.00 for details' Desired Conditional Use4xjdjk��_ pistribl,ion of Alcoholic Beverages Minor Adjustment Major Adjustment Existing use of property: vacant Is a change in Zoning sought with the petition for Conditional Use? YES _x NO Is a change in Future Land Use sought with the petition for Conditional Use? YES x NO Is a Site Plan Approval application being filed concurrent with the Conditional Use Application? x 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: See attached Addendum. 2. Is the proposed Conditional Use or Adjustment in conflict with any portion of the LDC or the St. Lucie County Comprehensive Plan? See attached Addendum. 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? S&P atta[hpd AddPndLm Page 1 of 2 Revised: June 19, 20W Feb 12 Uy U2AIp KICKey L Farrel, r.A (Z-151Jc1-[W.5 p.� Supplement 1 4. What conditions have changed in the immediate area that warrants consideration of this Conditional Use or Adjustment application? See attached Addendum. 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.? See attached Addendum. 6. What are the anticipated environmental impacts of the proposed Conditional Use or Adjustment? If no adverse impacts are anticipated, please explain why. 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. See attached Addendum. Applicant or Agent Name (printed) Page 2 of 2 Revised: June 19, 2008 yeti i Z Uy U2 4 1 p KicKey L rarren, r.H, / / L-JJ0-LOUJ N.'+ CONDITIONAL USE APPLICATION SUPPLEMENT: ADDENDUM Proposed use of the subject property after completion of construction of the contemplated improvements will be a social hall and will include the distribution of alcoholic beverages, which are permitted under Conditional Use in the Commercial General Zoning District. Accordingly, a Conditional Use is necessary for the contemplated activity to be permissible. It is anticipated that the applicant will only sell beer and wine and not other alcoholic beverages. The ability to distribute alcoholic beverages is significant to the potential success of the social hall. In addition, it is important for the owner of the social hall to have control over the alcoholic beverages consumed on site to ensure that all activities invol-tring consumption of alcoholic beverages are in compliance with all applicable laws, rules and regulations. No. 3. Adjacent zoning to the subject site is Commercial General to the north, south and west and Planned Unit Development to the east. The property to the north is vacant. The property to the south is developed with office building. The properties to the east are developed with a mobile home park and the property to the west is developed with an auto sales center. A fifteen foot wide buffer is proposed along the western property Iine on U.S. Highway One and a ten foot wide landscaping buffer is proposed along the north, south and east property tines to mitigate any negative impact on adjoining properties. The proposed Conditional Use will be conducted in accordance with the Code of Ordinances of St. Lucie Countv, Florida and all applicable laws, rules and regulations of the Florida Division of Beverages of the Department of Business Regulation, 4. None. 5, None. 6. None. T All of the information chat may be of significance is set forth in the recommendation of the Development Review Committee. The applicant has nothing further to add hereat. VELCON GROUP, INC. ENGINEERS& SURVEYORS May 11, 2009 Board of County Commissioners St Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RE: X-Treme Function Hall — Narrative Description The above -mentioned project site is currently vacant. The applicant is proposing a gathering facility for meetings, social events and parties, etc. which is permitted in the CG (Commercial General) Zoning District. The applicant is proposing to sell beer and wine on the premises and will be in compliance with all of the County's rules and regulations. The ability to distribute alcoholic beverages is significant to the potential success of the social hall. Accordingly, a Conditional Use is necessary for the contemplative activity to be permissible. It is anticipated that the applicant will only sell beer and wine and not other alcoholic beverages. It is also important for the owner of the social hall to ensure that all activities involving consumption of alcoholic beverages are in compliance with all the applicable laws, rule and regulations. 702 SW Port St. Lucie Blvd., • Port St. Lucie, Florida 34953 - Phone (772) 879-0477 • Fax (772) 871-6659 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 2905333 OR F 2624 PAGE 1821, Recorded 07/31/20OF t 04:17 PM Doc Tax: $9625.00 LEGAL COURIER WILL CALL OICKENSOH, 11URPHY, REX 3 &DAN 027 Prepared by and return to. Blaine C. Dickenson, Esq. Dickenson, Rex 8 Sloan 980 N. Federal Highway, Ste. 410 Boca Raton, -FL 33432 WARRANTY DEED THIS WARRANTY DEED, made effective the 22nd day of June, 2006, by DJS ENTERPRISES, LLC, a Florida limited liability company ("Grantor"), to HENRY J. ETIENNE, a married man, CLAUDE ETIENNE, a married man, GERARD LABORDE, a married man, and PATRICK ELIE JOSEPH, a single man, whose address is: 962SE66E91<'WRTERAVE.,P0R75T.ZmE, L Y983("Grantee"). WITNESSETH: That the Grantor, for and in consideration of the sum of TEN AND 00/100 (10.00) Dollars and other valuable consideration, receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in ST. LUCIE County, State of Florida, as follows: THE SOUTH 150 FEET OF LOT 227 OF WHITE CITY SUBDIVISON, SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT RIGHT OF WAY FOR U.S. HIGHWAY NO. 1 AND CANAL RIGHT OF WAY. SUBJECT TO easements, restrictions and reservations of record and taxes for the year 2006 and thereafter. TOGETHER WITH all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land and hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2005. Page 1 of 2 OR BOOK 2624 PAGE 1822 IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed, se nd liv in DJS ENTERPRISES, LLC, a Florida the r f' limited liability company Pri : CkAn&w By: M.H. Naimi, Managing Member Print -.- (Corporate Seal) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this Zs�day of June, 2006 by M.H. Naimi as Managing M mber of DJS ENTERPRISES, LLC, a Florida limited liability company, who is -7 personally known to me OR _ w as produ as identification. My Commission Expires: Nota'6 Pub ic, toe of Florida v BW" C Dokrom My a w� ED LEGAL DESCRIPTION THE SOUTH 150' OF LOT 227, OF WHITE CITY SUBDIVISION, SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, LESS AND EXCEPT RIGHT OF WAY FOR US HIGHWAY NO. ONE AND CANAL RIGHT-OF-WAY. PARCEL ID - 3403-502-0293-000-7 S. CG COMMERCIAL, GENERAL. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "( )" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Adjustment/collection and credit reporting services. (732) b. Advertising. (731) c. Amphitheaters. (999) d. Amusements and recreation services - except stadiums, arenas, race tracks, amusement parks and bingo parlors. (79) e. Apparel and accessory stores. (56) f. Automobile dealers. (55) g. Automotive rental, repairs and serv. (except body repairs). (751, 753, 754) h. Beauty and barber services. (723/724) i. Building materials, hardware and garden supply. (52) j. Cleaning services. (7349) k. Commercial printing. (999) I. Communications - except towers. (48) m. Computer programming, data processing and other computer serv. (737) n. Contract construction serv. (office and interior storage only). (15/16/17) o. Cultural activities and nature exhibitions. (999) p. Duplicating, mailing, commercial art/photo. and stenog. serv. (733) q. Eating places. (581) r. Educational services - except public schools. (82) s. Engineering, accounting, research, management and related services. (87) t. Equipment rental and leasing services. (735) u. Executive, legislative, and judicial functions. (91192/93/94/95/96/97) v. Farm labor and management services. (076) w. Financial, insurance, and real estate. (60/61/62/63/64/65/67) x. Food stores. (54) y. Funeral and crematory services. (726) z. Gasoline service stations. (5541) aa. General merchandise stores. (53) http://Iibrary8.municode.com/default-now/DocView/14641/l/17/19 11 /2/2009 bb. Health services. (80) cc. Home furniture and furnishings. (57) dd. Landscape and horticultural services. (078) ee. Laundry, cleaning and garment services. (721) ff. Membership organizations - except for religious organizations as provided in Section 8.02.01(H) of this Code. (86) gg. Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores. (591) (2) Used merchandise stores. (593) (3) Sporting goods. (5941) (4) Book and stationary. (5942/5943) (5) Jewelry. (5944) (6) Hobby, toy and games. (5945) (7) Camera and photographic supplies. (5946) (8) Gifts, novelty and souvenir. (5947) (9) Luggage and leather goods. (5948) (10) Fabric and mill products. (5949) (11) Catalog, mail order and direct selling. (5961/5963) (12) Liquefied petroleum gas. (propane). (5984) (13) Florists. (5992) (14) Tobacco. (5993) (15) News dealers/newsstands. (5994) (16) Optical goods. (5995) (17) Misc. retail (See SIC Code for specific uses). (5999) hh. Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services. (7291) (2) Misc. retail (See SIC Code for specific uses). (7299) ii. Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services. (7381) (2) Security system services. (7382) (3) News syndicate. (7383) (4) Photofinishing laboratories. (7384) (5) Business services - misc. (7389) jj. Mobile home dealers. (527) kk. Mobile food vendors (eating places, fruits and vegetables -retail). (999) II. Motion pictures. (78) http://Iibrary8.municode.com/default-now/DocView/14641/l/17/19 11/2/2009 J.V1.VV. VJli mm. Motor vehicle parking - commercial parking and vehicle storage. (752) nn. Museums, galleries and gardens. (84) oo. Personnel supply services. (736) pp. Photo finishing services. (7384) qq. Photographic services. (722) rr. Postal services. (43) ss. Recreation facilities. (999) ft. Repair services. (76) uu. Retail trade -indoor display and sales only, except as provided in Section 7.00.00. (999) vv. Social services: (1) Individual and family social services. (832/839) (2) Child care services. (835) (3) Job training and vocational rehabilitation services. (833) ww. Travel agencies. (4724) xx. Veterinary services. (074) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off -Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Adult establishments subject to requirements of Sec. 7.10.10. (999) b. Drinking places (alcoholic beverages) - free-standing. (5813) c. Disinfecting and pest control services. (7342) d. Amusement parks. (7996) e. Go-cart tracks. (7999) f. Hotels and motels. (701) g. Household goods warehousing and storage -mini -warehouses. (999) h. Marina - recreational boats only. (4493) i. Motor vehicle repair services - body repair. (753) j. Sporting and recreational camps. (7032) k. Retail trade: (1) Liquor stores. (592) http://Iibrary8.municode.com/default-now/DocView/14641/l/17/19 11/2/2009 A LL'v-T Vl T I. Stadiums, arenas, and race tracks. (794) m. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. One (1) single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on -site security purposes). c. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). http://Iibrary8.municode.com/default-now/DocView/14641/l/17/19 11/2/2009 /.IV.M. 3Urri-rNM1V 1tvu 31111V1Jt",_Ua 7.10.11. Distance Requirements for Alcoholic Beverages. A. Distance Restrictions For Persons Selling or Transferring Alcoholic Beverages. No sales or transfers of alcoholic beverages for on -premises consumption shall be permitted except as noted below, within one thousand six hundred (1,600) feet of a religious facility, school, public park, or public playground. This section shall not be applicable to sales or transfers by any license holder whose use of his/her premises for such sale existed before the establishment of the use of the religious facility, school, public park, or public playground, or when the religious facility is located in a CG (Commercial General) zoning district as a temporary use pursuant to Section 8.02.02(H). B. Measurement. The manner of measurement of the distance referred to in Section 7.10.11 (A) above shall be as follows: Begin at the main entrance of the church or school building or a public park or playground, regardless of which zoning they are in, thence run to the centerline of the street right-of-way in front of such entrance, thence along the centerline of such street right-of-way to a point immediately opposite the main entrance of the proposed licensed premises, thence to the center of the main entrance of the building of the proposed licensed premises. If there is more than one (1) public entrance to an establishment, the main entrance shall be construed to mean the principal or leading entrance to the premises involved and to which the traffic route, whether vehicular or pedestrian, of those going to and from said premises chiefly directs itself. However, in no case shall the distance between a licensed establishment and a religious facility, school, public park, or public playground be less than one thousand feet (1,000) measured by a straight line between the nearest corners of the establishment and a religious facility building, or in the case of a school, public park, or public playground, measured by a straight line between the licensed establishment and the park, playground, school building, or school playground area. C. Waiver Provision For Business Selling or Transferring Alcoholic Beverages as an Accessory to an Eating Place. Any person whose location or place of business does not meet the distance restrictions in Section 7.10.11 (A) and who is proposing to sell or transfer alcoholic beverages for on -premises consumption as an accessory to an eating place may have this distance waived in the following manner: 1. A request for waiver may be initiated by filing an application in writing for such waiver with the Growth Management Director. 2. The Growth Management Director shall schedule a public hearing before the Board of County Commissioners in accordance with the requirements of Section 11.00.00 of this Code. 3. An applicant operating a drinking place accessory to an eating place for which such waiver is sought must: a. Dispense sales of beer, wine or liquor only to persons patronizing the establishment for the main purpose of ordering and consuming food. b. Have permanent kitchen facilities located within the premises in which meals are regularly prepared for service to patrons of the establishment. 4. A waiver of distance requirements under this section shall be granted only in the event it does not adversely affect community health, safety or general welfare and in connection therewith there shall be considered the following: a. The actual location and distance of the proposed establishment with respect to other places of business licensed to sell intoxicating beverages, whether on or off the premises, as well as churches, schools, public park or public playground. http://Iibrary8.municode.com/default-now/DocView/14641/l/52/63 11 /2/2009 b. The type and size of the establishment, including bar floor space and seating capacity, capable of seating not fewer than thirty-five (35) persons simultaneously for the purpose of consuming food, and whether, in view of such type or size, the proposed establishment is likely to create a public nuisance or traffic impediment by drawing crowds or persons milling about outside the building. c. Whether adequate parking and landscaping for the facility is provided so as to meet the requirements set forth in Sections 7.06.00 and 7.09.00 of this Code. d. Whether the facility is physically separated or sufficiently well buffered from all adjacent residentially zoned areas; schools, churches, public parks and public playgrounds. e. Whether, if the facility is located with sixteen hundred (1,600) of a church, school, public park or public playground, it will generate traffic which may adversely affect the safety of persons attending or using such church, school, public park or public playground. 5. Before any action is taken upon any application as provided in this section, the applicant shall deposit with the Growth Management Director, the sum of three hundred dollars ($300.00) to cover the approximate cost of the procedure and such sum is not refundable in any event. D. Exception. Provided, however, the distance restrictions set out in sections A, B, C shall not apply to licenses when located within a hotel or motel of one hundred (100) rooms or more with restaurants with a minimum seating capacity of two hundred (200) containing a minimum of four thousand (4,000) square feet. http://Iibrary8.municode.com/default-now/DocView/14641/l/52/63 11 /2/2009 AFFIDAVIT COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS STATE OF" COUNTY OF A) ylt � , being first duly sworn deposes and states: 1. 1 am the owner or the agent for T-r <=n'��,nsert owner's name) for the following petition: c,y S-Q,6 qQ3 (insert petition number). Furt STATE OF COUNTY I 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 I�Xri-,i9 �aorA (insert date) public hearing to be conducted by the &,p a-2 tomw.,%ss'%C)A (insert entity name) on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by St Lucie County Growth Management on toIa9 n (date). The following required documentation is attached: A Dated Photo (Close up) 10 �� a _ OF t her affiant sayeth not. ( e of Af rant) ) Dated Photo (Distant) The foregoing ins .urJr nt was acknowledged before me this >�, day of 200�, by ej10Said person (Check one) is personally known to e, produced a driver's license (issued by a state of the United States Ithi ee last five (5) years as identification, or produced other identification, to wit l _ jp/ State-o WHIM 1, Typed or Printed me of Not r ,..r�� Commission No.:. 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Annex, 2300 Virginia Avenue, Ft Pierce, Florida 34982 Time: 6:00 PM Applicant Majesty, LLC Tel 772-344-1955 Agent Velcon Group, Inc Tel 772-879-0477 Property Location East side of US Highway 1, approx. 3200 ft south of Midway Road, St. Lucie County, Florida. Future Land Use COM (Commercial) Zonin CG (Commercial General) N PUBLIC HEARING NOTICE X—TREME FUNCTION HALL CU 520093983 A petition of Majesty, LLC (X-Treme Function Hall) for a Conditional Use Permit to allow the on -premise consumption of beer and wine as accessory to a social event function hall in the CG (Commercial, General) Zoning District �RS-3 CG 1��RtMi1DFnF:AL CG ti0�18 R -5 RM-5 NSLRNAAD-GP.rvi1L-kD.-t 9 _ OLUKE.XJESIT_ DR x � MANGR CE"BAY=PL soo,, �� � `3 r O fGR 5 a PUD CG � = CG TROPICAL ISLESWAY y ., SANDY-BO:- OM=P,L REMINOWA TER - - - - - - - - - - - - - "TRAVI5CAY-PL TRO .ICA, 'L.Is LES CIR RM-5 RS-3 St. Lucie County Zoning N Subject property CG- CommercialGeneral PUD - Planned Unit Development r r 500 ft. notification area RM-5 - Residential Mufti Family (5 dulac) - - - RS-3 :Residential Single Family (3 dulac) Map prepared september �. 2009 Project Description Petition of Majesty LLC. for a Conditional Use Permit to allow the on -premise consumption of beer and wine as accessory to a social event function hall in the CG (Commercial, General) Zoning District. Previous Action May 26, 2009 - Growth Management Director by GM Order 09-001 granting a Minor Site Plan approval for a gathering facility for meetings, social events and parties Recommended Board Action Forward a recommendation of approval to the Board of County Commissioners for the application of Majesty, LLC for the pro- posed Conditional Use Permit, subject to five conditions of approval. Further details are available in the Growth Management Department — please contact: Staff Linda Pendarvis tel. 772.462.1562 Email pendarvisl@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 The Planning and Zoning Commission strongly encourages your input and comment at the public hearing. You may also mail or email written com- ments in advance of the public hearing for inclusion in the official record re- garding this proceeding. Anyone with a disability requiring accom- modation to attend this meeting may con- tact the SLC Community Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 Date mailed: 11/04/09 THE SOUTH 150' OF LOT 2277 OF WHITE CITY SUBDIVISION, SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, LESS AND EXCEPT RIGHT OF WAY FOR US HIGHWAY NO. ONE AND CANAL RIGHT-OF-WAY. PARCEL ID - 3403-502.0293-000-7 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 A Conditional Use Permit to allow the on -premise consumption of beer The Following and wine as accessory to a social event function hall the CG Conditional Use: (Commercial, General) Zoning District. Regarding Property Located At: East of US Highway 1, approximately 3200 feet south of Midway Road Currently Zoned: CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division — ATTN: Deanna Givens 2300 Virginia Avenue, Ft. Pierce, FL 34982 Fax # 772-462-1581 Please check only one of the three following statements and return by: November 17, 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, 1 am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: Date: Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: Project Name/ID: X-Treme Function Hall — CU 520093983 Form No. 07-26 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA November 19, 2009 NOTICE OF PROPOSED CONDITIONAL USE PERMIT The St. Lucie County Planning and Zon- ing Commission is scheduled to review and make recommendations regarding the following item petitioned by the ap- plicant for adoption by the Board of County Commissioners of St. Lucie County, Florida, by resolution. RESOLUTION NO. 09-210 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LU- CIE COUNTY GRANTING A CONDI- TIONAL USE PERMIT TO ALLOW THE ON -PREMISE CONSUMPTION OF BEER AND WINE AS ACCESSORY TO A SO- CIAL EVENT FUNCTION HALL IN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT ON CERTAIN PROPERTY SIT- UATE IN ST. LUCIE COUNTY, FLORI- DA. APPLICANT: Majesty, LLC FILE NUMBER: CU 520093983 LEGAL DESCRIPTION: THE SOUTH 150' OF LOT 227, OF WHITE CITY SUBDIVI- SION, SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, LESS AND EXCEPT RIGHT OF WAY FOR US HIGHWAY NO. ONE AND CANAL RIGHT - OF - WAY. LOCATION: East of US Highway 1, ap- proximately 3200 feet south of Midway Road, St. Lucie County. PURPOSE: Conditional Use Permit to al- low the on- premise consumption of beer and wine in the CG (Commercial, General) Zoning District. The Planning and Zoning Commission PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lu- cie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Flori- da on Thursday, November 19, 2009, beginning at 6:00 P.M. or as soon there- after as possible. All interested persons will be given an opportunity to be heard. Written com- ments 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 Depart- ment - Planning Division at least 3 days prior to the scheduled hearing. The pe- tition file is available for review at the Growth Management Department of- fices 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 addi- tional information. The St, Lucie County Planning and Zon- ing Commission has the power to re- view and recommend to the St. Lucie County Board of County Commission- ers, for approval or disapproval, any applications within their area of respon- sibility. 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 Commis- sion with respect to any matter consid- ered 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 in- cludes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying dur- ing a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any in- dividual testifying during a hearing upon request. It it becomes necessary, a public hearing may be continued to a date -certain, Anyone with a disability requiring ac- commodation to attend this meeting should contact the St. Lucie County Community Risk Manger at least forty- eight (48) hours prior to the meeting at 772/462-1546 or T.D.D.772/462-1428. PLANNING AND ZONING COMMIS- SION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/ CRAIG MUNDT, CHAIRMAN Publish: November 8, 2009 2078962 T j 1~ • ' RWGa-9-d- 1 GM-09-001 JUN 051009 3 MNSP-720071274 Growth iRArl 4 AN ORDER GRANTING APPROVAL FOR 5 A MINOR SITE PLAN TO BE KNOWN AS 6 X-TREME FUNCTION HALL 7 a 9 WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for site plan 10 approval submitted by Velcon Group Inc. on behalf of Majesty, LLC, and also reviewed the comments of 11 the St. Lucie County Development Review Committee on this application, and made the following 12 determinations: 13 14 1. Majesty. LLC petitioned for a gathering facility for meetings, social events and parties in a two 15 story building consisting of 9,311 sq. ft. for a Minor Site Plan to be known as X-Trreme Function 16 Hall for -property located on the east side of US Highway 1; approximately 500 ft south of Gopher 17 Avenue in the CG (Commercial General) Zoning District. 18 19 2. The Development Review Committee has reviewed the Site Plan for the proposed project and 20 found it to meet the technical requirements of the Land Development Code, subject to the 21 conditions set forth in "Part K of this Growth Management Order. 22 23 3. The project is consistent with the general purpose, goals, objectives, and policies of the St. Lucie 24 County Comprehensive Plan and regulations set forth in the St. Lucie County Land Development' 25 Code. 26 27 4. The project will not have an undue adverse effect on adjacent property, the character of the 28 neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public 29 health, safety, and general welfare. 30 31 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on 32 the immediate vicinity through building design, site design, landscaping, and screening.. 33 34 6. The project will be constructed, arranged, and operated so as not to interfere with the 35 development and use of neighboring property, in accordance with applicable district regulations. 36 37 7. The project will be served by adequate public facilities and services. 38 39 8. The applicant has applied for and received a certificate of capacity, a copy of which is attached to 40 this order as "Exhibit A," as required under Chapter V, St. Lucie County Land Development Code. 41 42 NOW, THEREFORE, BE IT ORDERED: 43 44 A. Pursuant to Section 11.02.03 of the St Lucie County Land Development Code, the proposed 45 Minor Site Plan to be known as X-Theme Function Hall, is hereby approved as shown on the site 46 plan prepared by Velcon Group Inc. dated April 23, 2007 and last revised on February 5, 2009, 47 and received by the St. Lucie County Growth Management Director on May 7, 2009, for the 48 property described below, subject to the following conditions: 49 50 51 File No.: MNSP 720071274 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT GM Order 09-001 May 26, 2009 SLANT LUCIE CaUAITY Page 1 of 5 FILE 0 3352073 06/U3J2M at 12: i PM OR BOOK 3005 PAGE 1242 -1246 Doc Type; ORD RECORDING: $44.00 1 2 4 5 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 1. No clearing or other site work shall commence until after constructible engineering plans have been approved by the County Engineer and all county environmental permits have been Issued by Environmental Resources Department pursuant to Section 11.02.08(A)(7) of the St. Lucie County Land Development Code. As of this date of issuance of this Growth Management Order, no constructible site development plans have been submitted for review. 2. Pursuant to Section 11.02.08(A)(6) of the St. Lucie County Land Development Code, no work shall commence on the site until all regulatory permits required from Federal, State, and regional agencies and special districts have been Issued. The Florida Department of Environmental Protection, National Pollutant Discharge and Elimination System compliance notice must be submitted to the County Engineer with the constructible site plan at the time of building permit application or during permit review or no paving, grading, and drainage permit and no building permit shall be Issued. All National Pollutant Discharge and Elimination System Best Management Practices shall be instituted on the site prior to site clearing and maintained daily. Stormwater ponds shall be roughed in at the same time the site Is cleared of groundcover. 3. This Growth Management Order shall be recorded in the Public Records of St. Lucie County, Florida, in order to provide constructive legal notice of development conditions that run with the land. 4. The Code Compliance Manager shall receive a copy of this Growth Management Order and the site plan it approves and shall not approve any building permits that do not implement or are not consistent with this Growth Management Order and the plans hereby approved. 5. The petitioner, their successor or assigns shall comply with all applicable conditions of the St. Lucie County Noise Ordinance No. 06-021 pertaining to all activities on the subject site. Compliance with this ordinance shall be enforced by the Code Enforcement Division. 6. Prior to the issuance of any building permit, the petitioner, their successor or assigns shall provide a letter of approval from the Fort Pierce Utilities Authority for water and sewer connections to the St. Lucie County Building Department. 7. Within 60 days of site plan approval or priorto issuance of a building permit whichever occurs first, the petitioner, their successors or assigns shall be required to submit an application and receive approval for lot split from the Zoning Division of Public Works Department. 8. Prior to approval of a Notice of Vegetation Removal, the applicant shall have obtained and provided ERD with copies of any required federal and state permits, including but not limited to US Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission. if federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to SLC for review and approval as required by the LDC. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. 8. Prior to approval of a Notice of Vegetation Removal, the applicant shall finalize an Improvement agreement acceptable to ERD covering the cost of landscaping and tree mitigation, including on -site tree relocation. File No.: MNSP 720071274 GM Order 09-001 May 26, 2009 Page 2 of 5 1 10. Priorto issuance of a SLC Vegetation Removal Permit or Exemption, appropriate permits and 2 mitigation for wetland impacts from South Florida Water Management District shall be 3 , submitted to SLC Environmental Resources Department. 4 5 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 11. Prior to issuance of a certificate of occupancy, per Section 7.09.05, all Florida Exotic Pest Plant Council listed exotic vegetation shall be removed from the property. 12. Prior to issuance of a Vegetation Removal Permit or Exemption, a pre -construction meeting with ERD staff shall be conducted to verify tree protection measures have been put in place. 13. Prior to issuance of a building permit, the petitioner, their successor or assigns shall provide color choices for review pursuant to Section 07.10.24.D.2.c of the Land Development Code. B. The property on which this Minor Site Plan is being granted is described as follows: THE SOUTH 150' OF LOT 227, OF WHITE CITY SUBDIVISION, SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, LESS AND EXCEPT RIGHT OF WAY FOR US HIGHWAY NO. ONE AND CANAL RIGHT-OF-WAY. Tax ID#: 3403-502-0293-00017 Location: East side of US Highway 1, approximately 500 It south of Gopher Avenue, Fort Pierce, Florida C. The approvals granted by this Growth Management Order shall expire on May 26, 2011, unless an extension is granted in accordance with the provisions of Section 11.02.06 (B)1 of the St. Lucie County Land Development Code. D. The Minor Site Plan approval granted under this Growth. Management Order is specifically conditioned to the requirement that the petitioner, "Majesty, LLC," including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities including, but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits or authorizations to commence development activities on the property described in "Part B." E. A copy of this Order shall be attached to the site plan drawings described in "Part A," and shall be placed on file with the St. Lucie County Growth Management Director and copies mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. F. The Certificate of Capacity, attached as "Exhibit A," shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. G. The conditions set forth in "Part A" are an integral non -severable part of the site plan approval as granted by this Order. If any condition set forth in this Order is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this Order shall become null and void. File No.: MNSP 720071274 May 26, 2009 GM Order 09-001 Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 H. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 269' day of May 2009. GROWTH MANAGEMENT DIRECTOR ST. LUCIE COUNTY, FLORIDA B.� Mark Satterle4k, Allov APPROVED AS TO FORM AND CORRECTNESS: as GAPlenninjAProject Files%-Treme Function HaIAGM Order%X-Treme Function Hall\ GM 09-001 File No.: MNSP 720071274 May 26, 2009 GM Order 09-001 Page 4 of 5 St Lucie County Certificate of Capacity Date 5/26/2009 Certificate No. 2793 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: I. Type of development Minor Site Plan Number of units 1 Number of square feet 9,311 2. Property legal description & Tax ID no. 3403-502-0293-0007 East of US 1, appox 500 ft south of Gopher Av X-Treme Function Hall X-Treme Function Hall 3. Approval: Building Resolution No. Letter 4. Subject to the following conditions for concurrency: Owner's name Majesty, LLC. Address 962 SE Breakwater Avenue Port St. Lucie FL 34983 6. Certificate Expiration Date 5/26/2011 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. Sign Date: 5/26/2009 40 Growth Management Director St Lucie County, Florida Tuesday, May 26, 2009 Page 5 of 5 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division South 2e Street and North Cortez Boulevard See attached memorandum. N/A PREVIOUS ACTION: See attached memorandum. ITEM NO. VII-C DATE: 3/2/10 REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) PRESENTED BY: Michael Powley, P.E. MVP County Engineer RECOMMENDATION: Board authorization to permanently close the intersection of South 25`' Street at North Cortez Boulevard, approve Resolution No. 10-058, and authorization for the Chairman to sign the document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Motion to continue to 03/1612010 Faye W. Outlaw, MPA Approved 5-0 at 6:00p.m. or as soon thereafter County Administrator as possible. Coordination/Signatures Road/Bridge (x)Mi—X iCounty Attorney (x)--kL aul Daniel McIntyre Originating Dept. (x) w . Do ald West N. Cortez PH.ag County Engineer (x) �p Michael Powley Engineering Division • MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director .40 FROM: Michael Powley, County Engineer MVP DATE: March 2, 2010 SUBJECT: South 25th Street and North Cortez Boulevard ITEM NO. VII-C Background: Cortez Multi -family Townhomes is located on the south side of Cortez Boulevard east of South 25th Street. A condition of the approval is the signalization of the intersection of South 25th Street and Cortez Boulevard. On the west side of South 25th Street, North St. Lucie River Water Control District Canal No. 8 is situated between Cortez Boulevard and North Cortez Boulevard. A consequence of signalization at Cortez Boulevard is the necessity of closing the intersection of North Cortez Boulevard and South 2e Street. The developer is preparing to construct the required signalization improvements. The construction plans require the contractor to construct a hammer head (an abbreviated cul-de-sac) on North Cortez Boulevard during this work at no cost to the County. This modification is essential to remove two potential conflicts. Vehicles entering the 25th Street right-of-way could attempt to turn north and interfere with motorists turning eastbound on Cortez Boulevard. Similarly, northbound vehicles on 25th Street might attempt to head west on North Cortez Boulevard and interfere with waiting vehicles turning east on Cortez Boulevard. Removal of these two conflicts should not impose unduly on residents of the neighborhood. Besides the intersection of Cortez Boulevard and 25th Street, Stanton Avenue to the north and the 2e Street connection to Virginia Avenue are two existing and easily accessible routes into the neighborhood. Attached please find an aerial of the neighborhood showing the roadway network (Attachment A). A graphic representation of the proposed signalization improvements is also provided (Attachment B). Also attached is Resolution No. 10-058 (Attachment C). Notice of the proposed closure was sent via letter to all of the affected residents within a 500 foot radius of the location. Notice was also published in the Tribune on February 15, 2010. Previous Action: October 3, 2006 - Board granted development approval of Cortez Multi -Family Townhomes. February 9, 2010 — Board granted staff permission to hold a public hearing to consider closing the intersection of South 2e Street at North Cortez Boulevard. Recommendation: Board authorization to permanently close the intersection of South 25th Street at North Cortez Boulevard, approve Resolution No. 10-058, and authorization for the Chairman to sign the document as approved by the County Attorney. .a a e .. .,. .... - •.+AVENUE _ _ ' V IRGINIA ..� , : ,r . ♦ - L )� # aid• , . i �. �► l' ,Z `��_ � .gip r A a .;♦ �' ' E .. - � f. � � l � ,yid # + ii��l ,k,. �I ,�j ,. 1 , e W War, OW MW of aw !� � � ' y � , _ ' •� �� ate!' ,► . � ` , i� - '�� '` � ' y ..< STANTON AVE. > ` '$' e �f , ' + r FAi7 Ir .I r A It j rce� t , I, i I' tF' y,#'It } y.� ram. S ROAD CLOSURE NJ.& 2009 AERIAL. - a�sr F NORT X CORiEZ BLVD. % . 41' •. s. .. -14 F w,� - * i . CORTEZ MULTI -FAMILY of y{ t HOME& co Iz- w 0 0 0 Z 0. w z 0 z w 0 a: P: F- . uj j w cn cn C-4 W 0 Cl) PJVS'(3 (33-GAAdOIS'09:L'ndOV:00:IPOLOZige'BMP'3unSO-IC)-ad--NOli33Sld3iNl-IS-gZ-Z3IHOO-ZO60\dAMSBulmoiCy\:O -11 ATTACHMENT C RESOLUTION NO. 10-058 DATE: March 2, 2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, APPROVING CLOSING THE INTERSECTION OF NORTH CORTEZ BOULEVARD AND SOUTH 25TH STREET, ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. That Sections 177.101, 336.09 and 336.10, Florida Statutes, as amended, and Section 11.10.01, et. seq. of the St. Lucie County Land Development Code, provide that the County may adopt resolutions vacating rights -of -way in whole or in part, which are under the jurisdiction of the Board of County Commissioners of St. Lucie County, Florida. 2. On January 19, 2010, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on March 2, 2010. 3. On February 11, 2010, letters were mailed to all property owners lying within 500 feet of the proposed closure area, and no objections were filed. 4. On February 15, 2010, a Notice of Public Hearing was advertised in The St. Lucie News Tribune. 5. That based upon the presentations provided at the Public Hearing, and in accordance with the provisions of Section 336.09 and Section 336.10, Florida Statutes, it is in the best interest of the public to close the intersection of North Cortez Boulevard and South 25t' Street as shown on the attached map. After motion and second, the vote on this Resolution was as follows: Chairman Charles Grande XXX Vice -Chairman Doug Coward XXX Commissioner Paula A. Lewis XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED by the Board of County Commissioners of St. Lucie County, Florida, on this 2"d day of March, 2010. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney