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Home My WebLink AboutAgenda Packet 04-20-2010 1 ~ j5xe . • s ii~iiiitiliiil#iiliil~~iiit~itiiiilttliCiili3iiiiliiliiiiiiiit"~ltiN~IN~[iitliii~tFiii![iiillliltii1iiji~lUfii~itillfifii#tli~ii1111iiii[liitliii111iltitliiiliil{fi{iililitiiililti#flliiiiiiiTiiiiti~iiii Apri120, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 04/16/2010 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 wili discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS - These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individuai Commissioner or staff as necessary at the conciusion 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 meetingsare 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. April 20, 2010 ~ 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.orq ~ , ti33t~iliiiii[tiiiNiliiliFi`iiitiiiiitiiilil~iiiiiiiil~tiiftlHiiiifiilitlitlliiil(iiililYliiiili{iiiii3ti~f3tiitf~it~iit#iiiiiiiCiAlttilififi~liil{}~iiiiliil:illii~iiiiiiiiliiiitilillii~ilii~i#iii~[ii 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 ~iiit~lfltii~(iltiilf3ii3iiiif~iliiiliti~iii{iiEilitii~iitlifii[i3til~iii~iBiiiififlitiiNililtiitlRfiiiii~ii#~iiiiliiilliil~fiiiltliHiii#iiiitittii[fliiiitliiiiiti(itli~itijiiiiit313iiH#fiif~iiiliil I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the April 13, 2010 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-127 - Recognizing those Volunteers who serve on the County's Advisory Boards and Committees Consider staff recommendation to approve to adopt Resolution No. 10-127 as drafted. B: ADDITlON Presentation by Chairman Grande to Joseph Richards of Port Saint Lucie as Govemo?'s Point of Light for Environmental Awareness Month V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 29 B. COUNTY ATTORNEY 1. Resolution No. 10-126 - Supporting Senate Bill 2322CS, which authorizes a program for local govemments or special districts to establish programs providing for financing of energy conservation, energy efficiency, renewable energy, or wind resistance improvements to existing building or facilities through non-ad valorem assessments or participating properties. Consider staff recommendation to approve to adopt Resolution No. 10-126 suppo~ting Senate Bill 2322CS as drafted. } C. PUBLIC WORKS 1. Okeechobee Crossings Conditional Acceptance - Maintenance Agreement Consider staff recommendation to approve of the conditional acceptance of the public improvements and the Maintenance Agreement. 2. McDonald's USA, LLC Consider staff recommendation to approve of the agreement to pay fee-in-lieu-of constructing concrete sidewalks with McDonald's USA, LLC in the amount of $18,678 and authorization for the Chairman to sign documents as approved by the County Attomey. 3. PJ Development, LLC Consider staff recommendation to approve of fee-in-lieu-of construction agreement in the amount of $9,642.66 and authorization for the Chairman to sign documents as approved by the County Attomey. D. PLANNING & DEVELOPMENT SERVICES Development Agreement - Airport Road Development, LLC Consider staff recommendation to approve authorization to advertise two public hearings before the Board of County Commissioners, as outlined in the agenda memorandum. E. GRANTS/DISASTER RECOVERY Project Leeway - Letter of Intent Board authorization to have the County Administrator send a Letter of Intent to offer Project Leeway: (1) An Ad Valorem Tax Abatement phased over five years subject to Board approval at a public hearing, Project Leeway making an approximate capital investment of $6,000,000 in St. Lucie County and Project Leeway employing 11 fulltime equivalent persons at an average hourly wage of $18.36 (Estimated Value = $140,400); and (2) A Job Growth Incentive Grant of $18,150 phased over three years. Also, Board approval to qualify the Project Leeway for the ad valorem tax exemption as an "expansion of an existing business" as defined in Section 196.012(16), Florida Statutes, as outlined in the agenda memorandum. VII. PUBLIC HEARINGS A. PUBLIC WORKS Mount Bethel Ministry, LLC - Paving Waiver and Fair Share Contribution Agreement Consider staff recommendation to approve of the Paving Waiver, Fair Share Contributian Agreement in the amount of $41,620.89, and Resolution No. 10-087 and authorization for the Chairman to sign documents as approved by the County Attorney. B. COUNTY ATTORNEY ~ Ordinance No. 10-012 - Pretreatment of Wastewater Consider staff recommendation to approve to adopt Ordinance No. 10-012 and authorize the Chairman to sign the Ordinance. VIII. ANNOUNCEMENTS 1. A pubiic workshop to discuss proposed rates, fees and charges for St Lucie County Water & Wastewater District customers, excluding the South Hutchinson Wastewater District, wili be held on Thursday, April 22, 2010 in the County Commission Chambers from 6:00 p.m. to 8:00 p.m. 2. St. tucie County will hold the Westem Lands Assembly, the third public wo~kshop for the Westem Lands Study, on Saturday, April 24, 2010 from 9:00 am #0 3:00 pm at#he Havert L. Fenn Center at 2000 Virginia Avenue, Fo~t Pierce. For more information please contact Kara Wood at 772-462- 2822 or woodk(a~stlucieco.orq. 3; The St. Lucie County tourism office will be hosting the "Tourism Matters" tent in downtown Ft. Pierce on Satu~ay, May 8 from 8am to 9pm. Come by and leam about all there is to do and see as well as all the`places there are to stay in our beautiful area. Area attractions will have displays and demonstrations and area hotels will be providing info. Lots of#un, leaming and giveawaysf Call 772-462-2130 for more information. 4. The Master Gardener Spring into Gardening Festival will be held on Saturday May 15th from 8-2 p.m. As well as plants for sale from our nursery, there will also be some local vendors selling their products too. The sale will be held at the Extension office, 8400 Picos Road, Fort Pierce. Call 772-462-1660 or http://stlucie.ifas.ufl.edu for additional information. 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 pariy to the prooeedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opporlunity to cross-examine any individual testi(ying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contad the St. Lucie County Community Services Diredor at (772) 462-1777 or TDD (772) 462-1428 at least foRy-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 13, 2010 Convened: 9:00 a.m. Adjourned:10:35 a.m. Commissioners Present: Charles Grande, Chairman, Chris Dzadovsky, Chris Craft, Doug Coward, Paula A. Lewis Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan Mclntyre, County Attorney, Mark Satterlee, Growth Management Director, Jim David, Mosquito Control Director, Debra Brisson, Parks and Rec. Director, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the April 6, 2010 meeting. It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held April 6, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONSIPRESENTATIONS A. COUNTY ATTORNEY Resolution No.10-077 - Declaring April 19, 2010 as °PatrioYs Day" Consider staff recommendation to approve to adopt Resolution No. 10-077 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Resolution No. 10-077, and; upon roll call motion carried unanimously. B. COUNTY ATTORNEY Resolution No. 10-090 - Proclaiming April 18, 2010 through April 24, 2010 as "Crime Victims' Rights Week". Consider staff recommendation to approve to adopt Resolution No.10-090 as drafted. It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 10-090, and; upon roll call, motion carried unanimously. C. COUNTY ATTORNEY Resolution No. 10-121 - Declaring the week of April 18, 2010 through April 24, 2010 as "Volunteer Appreciation Week" in St. Lucie County Consider staff recommendation to adopt the attached Resolution No. 10-121 as drafted. 1 It was movetl by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 10-121, and; upon roll call, motion carried unanimously. D. Pt~C~;~`t~ t?~l#~~Tt3~~TlNG Presentation by Tom Colucci, Treasure Coast Sports Commission GENERAL PUBLIC COMMENT VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve the Consent Agenda with items E- 1 and E-3 pulled and placed as a regular agenda item, and; upon roll call, motion carried unanimously. A• WARRANTS Approve warrant list No. 28 The Board approved Warrant List No. 28. B. COUNTY ATTORNEY 1. First Amendment to Impact Fee Payment Agreement with Violet Trajcevska and Zoran Bezanoski for delinquent Impact Fees pursuant to Resolution No. 09-114. The Board approved the First Amendment to Impact Fee Payment Agreement with Vio?et Trajcevska and Zoran Bezanoski and sign the Agreement as drafted by the County Attorney's O~ce. 2• Bear Point Mitigation Bank - Credit Reservation Agreement with Sands End Development, L.L.C. The Board approved the proposed Bear Point Mitigation Bank Credit Reservation Agreement with Sands End Development, L.L.C., and authorized the Chairman to sign the agreement. 3. Permission to Advertise - Ordinance No. 10-021- Pain Management Clinics The Board approved advertising proposed Ordinance No.10-021 for public hearing before the Local Planning Agency on May 20, 2010, and the Board of County Commissioners on June 1, 2010, and June 15, 2010, at 6:00 p.m. or as soon thereafter as may be heard. 4. Authorization to enter into an Impact Fee Payment Agreement with Edward & Aleen Bryan for delinquent Impact Fees pursuant to Resolution No. 09-114. The Board approved the Impact Fee Payment Agreement with Edward and Aleen Bryan and sign the Agreement as drafted by the County Attomey's Office. 5. Easement Deed to City of Fort Pierce - Sidewalk and Parking Easement for the Intermodal Transfer Facility - Avenue D and North 8~ Street The Board approved the Easement Deed, authorized the Chairman to sign the Easement Deed and directed staff to record the Easement Deed in the Public Records of St. Lucie County, Florida. 6. Health Department Lease The Board approved the lease for the Health Department's HIV Division as reviewed by the County Attomey. 7. Request to have the Board approve amendments to the Contractual Rate Agreement between the St. Lucie County Drug Screening Lab and United for Families. The Board approved Amendment No. 2 and No. 3 which provides that St. Lucie County has adequate liability insurance in accordance with F.S. 768.28(2), and that the Lab is in compliance with the Americans with Disabilities Act of 1990. 2 8. Termination of Road Improvement Agreement with Lennar Homes, Inc. for Madera Isles, release of Lennar's Letter of Credit, Acceptance of New Road Improvement Agreement and Security from FVP Miami Lakes, LLC The Board approvetl the termination of the Road Improvement Agreement with Lennar Homes, Inc., for Madera Islea, released Lennar's Letter of Credit, Accepted the New Road Improvement Agreement and Security from FVP Miami Lakes, LLC. B. COUNTY ATTORNEY CONTINUED 9. Naming Rights Agreement with Tradition Development Company, L.L.C. - Permission to Sue The Board granted the County Attomey permission to sue Tradition for damages as a result of Tradition's payment default. C. MANAGEMENT AND BUDGET 1. Bid No. 10-019, Purchase of Concrete and Metal Culvert Pipe The Board approved awarding Bid No. 10-019, purchase of concrete and metal culvert pipe, to Contech Construction Products, Incorporated of Fort Pierce and authorized the Chairman to sign documents as approved by the County Attorney. 2. Invitation to Bid for Purchase of Baling Wire The Board approved advertising an Invitation to Bid for Purchase of Baling Wire. 3. Amendment to Contract for the Purchase of Shell Rock Material and FDOT Base Coquina Rock The Board approved the second amendment to Contract No. C08-06-263 with Stewart Mining Industries, Inc. extending the term through June 30, 2011, and authorized the Chairman to sign documents as approved by the County Attomey. 4. Invitation to Bid for Scrap Tire Processing and Disposal The Board approved advertising an Invitation to Bid for scrap tire processing and disposal. 5. Fixed asset inventory-property record removal The Board approved removing fixed assets, as listed on the Property Disposition Forms, from the capital inventory of the St. Lucie County Tax Collector's Office. 6. 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 St. Lucie County Health Department. 7. 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 various departments of St. Lucie County Board of County Commissioners. C. MANAGEMENT AND BUDGET CONTINUED 8. Amendment to Contract for Generator Preventive Maintenance Service, fnspections and Load Bank Testing The Board approved the twelfth amendment to Contract No. C05-08-485 with Genset Services, Inc., adding generators located at four EOC towers, and authorized the Chairman to sign documents as approved by the County Attorney. 9. Amendment to Contract for Concession SeNices for Lawnwood Sports Complex and Lakewood Regional Park 3 The Board approved the third amendment to Contract No. C06-04-447 with Jimmy Kemp and Domenick Collura extending the term through May 15, 2012, and authorized the Chairman to sign documents as approved by the County Attomey. 10. Amendment to Contracts for the Rental of Construction and Industrial Equipment The Board approved the first amendment to the nine contracts identified in the agenda memorandum, extending the term through July 7, 2011, and authorized the Chairman to sign documents as approved by the County Attomey. D• PLANNING & DEVELOPMENT SERVICES 1. Taxiway C Rehabilitation Project The Board approved AECOM Work Authorization No. 12 for professional engineering services for the Taxiway C Rehabilitation Project at the St. Lucie County Internatipnal Airport, for a lump sum amount of $237,497, and authorized the Chairman to sign the document as approved by the County Attorney. 2. Taxiway A&B Rehabilitation Project The Board approved PBS&J Work Authorization No. 9 for professional engineering services for the Taxiway A&B Rehabilitation Project at the St. Lucie County International Airport, for a lump sum amount of $386,729, and authorized the Chairman to sign the document as approved by the County Attomey. 3. Resotution No, 10-118 Florida Power & Light Utilities Relocation Reimbursement The Board approved Resolution No. 10-118 accepting the FDOT Joint Participation Agreement in the amount of $5,132 for the Florida Power & Light Utilities Relocation Reimbu~sement and authorized the Chairman to sign documents as approved by the County Attorney. E. HOUSING & COMMUNITY SERVICES This item was placed at the end of the regular agenda. E. HOUSING & COMMUNITY SERVICES CONTINUED 2. Equipment Request The Board approved Equipment Request No. 10-025 and authorized the Chairman to sign documents as approved by the County Attomey. 3. State Housing Initiative Partnership Program (SHIP) Local Housing Assistance Plan (LHAP) This item was placed at the end of the regular agenda. 4. Award of Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation/Replacement Bids The Board approved the bid awards for six replacement housing projects under the St. Lucie County CDBG DRI Grants, and authorized the Chairman to sign documents as approved by the County Attorney. F. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for February, 2010. The Board approved the payment of Prison Health Services invoice number PHS0007382 for HIV medications for the period of February 01, 2010 through February 28, 2010, in the amount of $29,967.90. G. ADMINISTRATION Economic Development Council Second Quarter Invoice 4 The Board approved acceptance of the Second Quarter Report from EDC as fulfilling the requirements of the Contract and authorized the disbursing of payment in the amount of $62,500 towards the matching grant. H. ST. LUCIE TRANSPORTATION PLANNING ORGANIZATION Resolution No. 10-094, Budget Amendment The Board approved Budget Resolution No. 10-094 in the amount of $25,260. I. GRANTS/DISASTER RECOVERY 1. Recreational Trails Program for Heathcote Botanical Park - Grant Application The Board approved the submittal of a grant application to the Flonda Department of Environmental Protection Recreational Trails Program for $248,815 to build recreational facilities at Heathcote Botanical Park. I. GRANTS/DISASTER RECOVERY CONTINUED 2. Land and Water Conservation Fund Program for Heathcote Botanical Park - Grant Application The Board authorized the submittal of a grant application to the Florida Department of Environmental Protection Land and Water Conservation Funtl Program for up to $200,000 to build recreational facilities at Heathcote Botanical Park. 3, Project Lake - Letter of Intent The Board approved Resolution No. 10-124 recommending that Project Lake be approved as a qualified target industry business pursuant to Section 288.106, Flonda Statutes; designating $160,000 in mitigated impact fees as local participation in the Qualified Target Industry Tax Refund Program; and providing an effective date. Also, the Board authorized the County Administrator send a Letter of Intent to offer Project Lake: (1) An Ad Valorem Tax Abatement phased over ten years subject to Board approval at a public hearing, Project Lake making an approximate capital investment of $55,000,000 in St. Lucie County and Project Lake employing 200 persons at an average annual wage of $50,000 (Estimated Value =$2,268,750); (2) An Impact Fee Mitigation phased over three years subject to Project Lake making an approximate capital investment of $55,000,000 in St. Lucie County and employing 200 persons at an average annual wage of $50,000 (Estimated Value = $292,485 to $386,65); (3) An accelerated permitting process to complete permitting within ninety (90) days of completion of facility design if the selected site is appropnately zoned and with the understanding permitting can be delayed by outside agencies involved in the permitting process. 4. Project EUV - Letter of Intent The Board approved the County Administrator send a Letter of Intent to offer Project EUV: (1) An Ad Valorem Tax Abatement phased over five years subject to Board approval at a public heanng, Project EUV making an approximate capital investment of $500,000 in tenant capital improvements in St. Lucie County and Project EUV employing 25 persons at an average hourly wage of $17.42 (Estimated Value + $11,250); (2) A Job Growth Incentive Grant of $41,250 phased over 3 years ($13,750 per year) 5. U.S. Department of Housing and Urban Development Sustainable Communities Planning Grants Program The Board authorized the submittal of a letter, Resolution No. 10-125 and a Memorandum of Understanding for a joint grant application by the South Florida and Treasure Coast Regional Planning Councils to the to the U.S. Department of Housing and Urban 5 Development Sustainable Communities Planning Grants Program; and for the creation of a "Southeast Florida Partnership". J. PARKS AND RECREATION SERVICES Improvement at River Park Marina The Board approved the revised CIP# 10-024 reallocating $77,000 from 316-1930-563000-1538 (Yacht Club Renovations/Improvements), approval to piggyback Clay County Contract #08-09-3, for purchase of a pavilion from REP Services, Inc., and awarded the contract in the amount of $40,991 to Precision Paving & Excavation, Inc., for parking lot improvements as outlined in the agenda memorandum and authorized the Chairman to sign documents as approved by the County Attorney. VII. PUBLIC HEARINGS There are no public hearings scheduled for Apnl 13, 2010. VIII. PLANNING & DEVELOPMENT SERVICES Major Site Plan approval for Health-Chem Diagnostics, LLC Consider staff recommendation to approve adoption of Resolution No. 10-033, granting Major Site Plan approval for Health-Chem Diagnostics, LLC as outlined in the attached agenda memorandum. Staff advised the Board the Environmental Resources Department supported the waiver request. It was moved by Com. Coward, seconded by Com. Dzadovsky to approve Resolution No. 10-033, and; upon roll call, motion carried unanimously. IX. COUNTY ATTORNEY Resolution No. 10-081 - Supporting House Bill 561 - Extending Life Safety Retrofit to Community Associations Consider staff recommendation that the Board decide if they would like to support House Bill 561 by approving Resolution No.10-081 as drafted. Com. Dzadovsky expressed his concem with this Bill and the fact there may be unattended consequences on this re-write. He stated in his conversation with the Fire Chief he had advised him they were in compliance. Com. Coward stated he had similar concerns and the impact it may have on the Fire District. He believes they should have direct feedback from the Fire Distnct and would not support it until then. Com. Craft stated he concurred with the previous comments and stated at this point he does not support anything that may be coming out of Tallahassee. Com. Dzadovsky advised the Board that all 50 states have enacted such a safety retrofit and he felt to continue to put this off may make it to a point where it will never happen. He expressed his concern with those elderly residents who live in high rises without a sprinkler system since they were not required years ago. He is aware there is a cost factor involved which the associations may impose. He also addressed the time it would give the people in high rises to evacuate the building. This is a health and safety issue to him. Com. Lewis stated if the Fire District had concems with this issue then it is something the Board should discuss with them before moving forward. It was moved by Com. Lewis, seconded by Com. Dzadovsky to pull this item and receive input from the Fire District, and; upon roll call, motion camed unanimously. E. HOUSING & COMMUNITY SERVICES 1. Shelter Plus Care Grant 6 The Board approved acceptance of the Shelter Plus Care grant renewal Resolution No. 10-120, and authorized the Chairman to sign documents as a'~ Budget the County Attorney, pp oved by Com. Coward addressed pushing to incorporate green components into this pro ram. need to raise the standards for these projects. He believes this wouid reduce the o eratin expenses for the individual. He afso addressed the rent assistance and g He believes would like to see it more refined. He would like to distinguish the types of units they are lookin for. p g 9 The Housing Manager advised the Board the $500 is the initial grant application and t rent for that year. The current fair market rates are now higher, they do not antici ate high with their level of assistance. Also this is a federal grant and in he fair market criteria they would need to contact HUD to see if this would be permissible. p going that order to include additional Com. Coward recommended bring this back within a week if the issue is not time sensi i would like to strengthen this aspect. t ve, He Com. Craft stated he did not mind having language that encourages what he is requestin b does not agree with making it a requirement. g, ut Com. Coward stated he is looking at a sliding scale, housing with expensive utilities and housin that have energy conserving utilities. g Com. Grande stated he was not sure he agreed with a sliding scale. If this is a case of multiple providers, they can give preference to those who have qualified green housing available without given them a financial sliding scale it could be done in points. Com. Coward stated the point is the individual who lives in the housing will be saving money. Com. Craft stated he would like to receive the information before attempting to decide what it will and will not do. Com. Dzadovsky stated if they could make the Federal Government realize that sustainable housing is better and make HUD realize this since most of the houses may be older homes. If we can implement these types of opportunities and get people in houses they can afford, they can then move on with their lives. The County Administrator advised the Board she would get with staff and follow up with HUD to see if there is any Federal Regulations flexibility in order to accomplish what the Board is seeking for this program. Com. Coward stated he did not believe they would receive opposition from the Federal Government but would need this county to take a leap forward. He recommended pulling the item for a week and have staff come back with the requested information. It was moved by Com. Lewis, seconded by Com. Coward, to continue this item for two weeks and have staff come back with different options, and; upon roll call, motion carried unanimously. 3. State Housing Initiative Partnership Program (SHIP) Local Housing Assistance Plan (LHAP) The Board approved Resolution No. 10-122 adopting the SHIP LHAP for FY 10/11, 11/12 and 12/13 and authorized the Chairman to sign documents as approved by the County Attorney. Com. Coward stated he felt they were moving in the right direction however he did not see a partnership with the green trade apprentice's initiative and asked if they can include language to this affect. The Housing Manager stated they could include language about partnering with task force for green improvements. Com. Coward stated he would like some generic language indicating the support of business that is supporting our local youth and our local workforce. 7 The Housing Manager stated they could add language however; they could not indicate locai preference. Com. Coward stated he believed they talked about state certified apprenticeship programs. Com. Coward ailuded to Page 6, Section R and stated he would like more than just two sentences encompassing the green housing program. He would like to strengthen the language. He is not sure what it means the way it is written. It does not have a lot of detail and he believes it couid be stronger. He would like to define renewabie energy. Com. Craft stated he does not mind adding language however it does state, "not limited to". Com. Coward advised the Board his concern is it does not say "renewable energy" anywhere. Com. Coward recommended the language to paragraph R after the words "require use of, and add "green building materials, energy efficient appliances, and solar hot water heaters. " Other removable energy will be considered as appropriate and specified on individual projects and also add the language regarding the state certified apprentice program preference in the selection process. Com. Lewis expressed her concems with too many details and the cost. She does not wish to make it so complicated that they will not have the ability to help more people. Com. Coward addressed Com. Lewis' comments and stated he did not see why they would not wish to take into consideration both aspects if the housing programs are providing the funds towards these programs. Com. Lewis state SHIP was a different program and she is concemed the more specifics they include the more they are limiting the program. It was moved by Com. Coward, seconded by Com. Lewis, to approve as amended, and; upon roll call, motion carried unanimously. UNAGENDAD Com. Coward requested the Board ratify his appointment to the Citizens Budget Committee, Ms. Patty Tobin. It was moved by Com. Lewis, seconded by Com. Craft to ratify Com. Coward's appointment, and; upon roll call, motion carried unanimously. Com. Dzadovksy addressed House Bill 1445 (control of fertilizers) and stated his concems with this being contradictory to local controls. The County Attorney addressed this issue and stated he was not sure where it was at this point. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 8 ~ ~ AGENDA REQUEST ITEM NO. IV-A ~ ~ ~ ,s~,~ DATE: April 20, 2010 I • REGULAR [x ] . . LLLL pUBUC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. Mcintyre County Attorney SUBIECT: Resolution No.10-127 - Recognizing those Volunteers who serve on the County's Advisory Boards and Committees. BACKGROUND: It has been requested that this Board recognize those Individuals who have voluntarily contributed their time and efforts toward the betterment of St. Lucie County by serving on various boards, committees or councils in St. Lucie County Florida. The attached Resolution No. 10-127 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-127 as drafted. COMMISSION ACTION: CONCURRENCE: (X~ APPROVED [ ] DENIED [ ] OTHER: ~r ~ ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. Mclntyre RESOLUTION NO. 10-127 A RESOLUTION RECOGNIZING THOSE INDIVIDUALS WHO HAVE VOLUNTARILY CONTRIBUTED THEIR TIME AND EFFORTS TOWARD THE BETTERMENT OF ST. LUCIE COUNTY BY SERVING ON VARIOUS BOARDS, COMMITTEES OR COUNCILS IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. People who serve on the County's Advisory Boards and Committees are considered Volunteers. Volunteers are people who, of their own free will, provide goods or services, comparable to a paid employee, to any unit of county government or to any constitutional county officer without receiving monetary or material compensation. 2. The St. Lucie County Volunteer Program provides assistance to departments and elected officials by maintaining membership with individuals who have a specialized knowledge, practical knowledge, skill or ability which would be useful in improving the services capabilities of County operations. 3. It is the policy of the Board of County Commissioners to design jobs with benefit for both the County and the volunteer, to manage and encourage volunteer participation within departments under the control of the Board. 4. Volunteers are valuable to the productivity and effectiveness of local government. 5. It is important for all of us to recognize our responsibilities and to follow the example of these volunteers by also giving of ourselves for the betterment of all. 6. We are a nation of people who thrive on helping others as well as ourselves to a better life. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does recognize those Individuals who have voluntarily contributed their time and efforts toward the betterment of St. Lucie County by serving on various boards, committees or councils in St. Lucie County Florida. 2. This Board urges all residents of St. Lucie County, Florida to recognize the valuable work done by these votunteers and to assume their duty as citizens of the United States by becoming involved in their local government as volunteers. PASSED AND DULY ADOPTED this 20th day of April, 2010. ~ ~ ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORiDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 4/09/10 ~ ST. LUCIE COUNTY - BOARD PAGE " ZABWARR WARR.ANT LIST #28- 02-APR-2010 TO 09-APR-2010 FUND SUMMARY JND TITLE EXPENSES PAYROLL ~l . General Fund 335,923.31 0.00 ~1113 CDBG Supp Disaster Recovery Subgran 23,638.16 0.00 ~1184 CDBG 07 19,481.25 0.00 ~1188 Section 112/MPO/Fhwa/Planning 2007 1.75.77 0.00 ~1436 INTACT Inspired Network to Achieve 309.60 0.00 ~1509 US Dept of Housing CDBG 09 5,416.00 0.00 01510 CSBG FY 2009-2010 1,173.68 0.00 ~1511 ARRA CSBG 2009 75,250.00 0.00 01512 Neighborhood Stabilization Program 216.14 0.00 01513 EITC CSBG T&TA Program 315.00 0.00 ~1515 FDCA EMPA FY10 178.57 0.00 ~l Transportation Trust Fund 706.73 0.00 ~1002 Transportation Trust/80o Constitut 156,060.73 0.00 ~1003 Transportation Trust/Local Option 22 261.37 0.00 ~1004 Transportation Trust/County Fuel Tx 4,565.95 0.00 ~1006 Transportation Trust/Impact Fees 450.10 0.00 ~2 Unincorporated Services Fund 4,444.40 0.00 ~2001 Drainage Maintenance MSTU 10,602.84 0.00 ~2809 Paradise Park Phase 2 SFWMD 2,353.75 0.00 ~7 Fine & Forfeiture Fund 33,336.79 0.00 ~7002 Fine & Forfeiture Fund-E911 Surchar 6,875.66 0.00 J7003 Fine & Forfeiture Fund-800 Mhz Oper 7,739.52 0.00 ~7205 Juvenile Justice & Delinquency Prev 750.00 0,00 ~7206 FDCF Criminal Justice, Mental Healt 12,515.74 0.00 30102 FTA 5307-ARRA 2009 Capital Projects 23,864.97 0.00 40 Airport Fund 6,861.07 0.00 40001 Port Fund 1,047.32 0.00 ~0137 FAA Runway Rehab & Security Fencing 1,717,983.00 0.00 ~0365 FDOT Rehab Runway lOR/28L 154 443.30 0.00 ~0 Plan Maintenance RAD Fund ~221.09 0.00 33 Ct Administrator-19th Judicial Cir 5,600.77 0.00 33001 Ct Administrator-Arbitration/Mediat 140.00 0.00 33006 Guardian Ad Litem Fund 1,136.18 0.00 34209 FDEP - Fort Pierce Shore Protection 3,961.40 0.00 34211 FDEP South SLC Beach Restoration 5,261.32 0.00 34215 DEP Ft Pierce Shore Protection 2012 3,931.30 0.00 35010 FHFA SHIP 2008/2009 16,000.00 0.00 39100 Home Consortium 200.00 0.00 39102 Home Consortium 2009 40,692.93 0.00 39201 FHFC Hurricane Housing Recovery Pla 417.58 0.00 10 Impact Fees I&S 39,771.99 0.00 16 County Capital I&S 1,202.00 0.00 10001 Impact Fees-Library 2,160.47 0.00 16001 5th Cent Fuel-Capital 36,857.35 0.00 ~l Sanitary Landfill Fund 462,913.06 0.00 18 Golf Course Fund 1,403.37 0.00 ol Sports Complex Fund 7,109.55 0.00 71 No County Utility District-Operatin 450.43 0.00 ' 04/09/10 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #28- 02-APR-2010 TO 09-APR-2010 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 491 Building Code Fund 402.84 0.00 505 Health Insurance Fund 939,229.62 1,633.70 505001 Property/Casualty Insurance Fund 3,023.12 0.00 Ell Tourist Development Trust-Adv Fund 9,000.00 0.00 625 Law Library 6,221.00 0.00 665 SLC Art in Public Places Trust Fund 14,800.00 0.00 GRAND TOTAL: 4,231,048.09 1,633.~0 ~ ~ I~ _ ~ i I j. _ , . I' , , _ , I i ~ ~ ' ~ 04/16/10 ST. LUCIE COUNTY - BOARD PAGE ] FZABWARR WARRANT LIST #29- 10-APR-2010 T0 16-APR-2010 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 774,208.83 516,193.85 001113 CDBG Supp Disaster Recovery Subgran 231.22 3,244.60 001164 USDOJ Violence Against Women Grant 3.24 51.27 001176 FTA Section 5303 F/Y06 40,179.13 657.25 001180 US Dept Housing HUD Shelter Plus Gr 51.38 674.74 001184 CDBG 07 37,489.50 0.00 001188 Section 112/MPO/Fhwa/Planning 2007 6,659.69 9,651.77 001442 FCTD Planning Grant Agreement 75.41 1,048.44 001443 FDCA RCMP Grant 260.15 0.00 001509 US Dept of Housing CDBG 09 21.11 295.80 001510 CSBG FY 2009-2010 11,164.02 1,157.60 001511 ARRA CSBG 2009 13,799.57 2,295.20 001512 Neighborhood Stabilization Program 49,554.63 1,703.00 001513 EITC CSBG T&TA Program 1,177.98 0.00 001515 FDCA EMPA FY10 7,443.10 0.00 001822 Trea. Coast Sea Turtle Friendly Pra 210.00 0.00 101 Transportation Trust Fund 11,642.67 35,825.04 101001 Transportation Trust Interlocals 80.32 1,237.60 101002 Transportation Trust/80o Constitut 13,790.50 44,277.33 101003 Transportation Trust/Local Option 6,644.27 21,837.49 101004 Transportation Trust/County Fuel Tx 17,953.28 17,926.37 101006 Transportation Trust/Impact Fees 6,735.77 0.00 102 Unincorporated Services Fund 32,641.94 119,460.31 102001 Drainage Maintenance MSTU 6,693.29 7,655.68 102809 Paradise Park Phase 2 SFWMD 6,066.12 0.00 107 Fine & Forfeiture Fund 345,907.96 144,471.90 107001 Fine & Forfeiture Fund-Wireless Sur 2,514.44 1,122.83 107002 Fine & Forfeiture Fund-E911 Surchar 13,888.00 1,122.83 107003 Fine & Forfeiture Fund-800 Mhz Oper 1,828.68 0.00 107006 F&F Fund-Court Related Technology 37,479.56 8,736.95 107205 Juvenile Justice & Delinquency Prev 158.79 2,076.00 107206 FDCF Criminal Justice, Mental Healt 7,205.65 0.00 118 Paradise Park Fund 875.65 0.00 121 Blakely Subdivision Fund 96.81 0.00 130 SLC Public Transit MSTU 158.98 2,194.64 140 Airport Fund 15,811.70 11,486.57 140351 Install Access Control System 615.00 0.00 150 Impact Fee Collections 109.70 1,523.20 160 Plan Maintenance RAD Fund 313.34 3,183.26 183 Ct Administrator-19th Judicial Cir 7,208.42 3,009.49 183001 Ct Administrator-Arbitration/Mediat 260.00 0.00 183004 Ct Admin.- Teen Court 603.26 5,404.72 185010 FHFA SHIP 2008/2009 155.60 2,163.26 185011 FHFA SHIP 2009/2010 362.75 0.00 189100 Home Consortium 126.74 1,703.00 189201 FHFC Hurricane Housing Recovery Pla 200,000.00 0.00 310001 Impact Fees-Library 2,689.70 0.00 316 County Capital 7,245.47 0.00 04/16/10 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #29- 10-APR-2010 TO 16-APR-2010 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 401 Sanitary Landfill Fund 132,736.76 51,753.06 418 Golf Course Fund 15,426.73 23,538.38 451 S. Hutchinson Utilities Fund 511.21 3,540.30 458 SH Util-Renewal & Replacement Fund 1,209.17 656.21 461 Sports Complex Fund 52,952.03 19,345.93 471 No County Utility District-Operatin 3,614.58 7,718.54 478 No Cty Util Dist-Renewal & Replace 97.35 1,316.90 479 No Cty Util Dist-Capital Facilities 110.21 1,481.04 491 Building Code Fund 7,403.14 94,873.02 505 Health Insurance Fund 8,735.01 1,186.40 505001 Property/Casualty Insurance Fund 2,872.27 3,288.44 611 Tourist Development Trust-Adv Fund 10,424.08 2,001.06 665 SLC Art in Public Places Trust Fund 17,000.00 0.00 666 SLC Economic Development Trust Fund 12,500.00 0.00 801 Bank Fund 244,308.61 0.00 GRAND TOTAL: 2,200,294.47 1,184,091.27 ~ AGENDA REQUEST ITEM NO. VI-B- ~ DATE: April 20, 2010 _ ~ REGULAR [ ) • . PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMIITED BY(DEPT): County Attorney Daniel 5. Mclntyre County Attorney SUBJECT: Resolution No. 10-126 - Supporting Senate Bill 2322CS and House Bill PCB EUP 10-03, which authorize a program for local governments or special districts to establish programs providing for financing of energy conservation, energy efficiency, renewable energy, or wind resistance improvements to existing building or facilities through non-ad valorem assessments or participating properties. BACKGROUND: See attached memo CA-10-0462 RECOMMENDATION: StaffrecommendsthattheBoardadopttheattachedResolutionNo. 10-126 supporting Senate Bill 2322CS and House Bill PCB EUP 10-03 as drafted. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( J DENIED [ ] OTHER: ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. Mclntyre ~ INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. Mclntyre, County Attorney C.A. NO: 10-0462 DATE: April 20, 2010 SUBJECT: Resolution No. 10-126 - Supporting Senate Bill 2322C5 BACKGROUND: The Florida Legislature has begun debate on Senate Bill 2322CS and House Bill PCB EUP 10- 03, which authorize a program for local governments or special districts to establish programs providing for financing of energy conservation, energy efficiency, renewable energy, or wind resistance improvements to existing building or facilities through non-ad valorem assessments or participating properties. A copy of Senate Bill 2322CS is attached. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Resolution No. 10-126 supporting Senate Bill 2322CS and House Bil) PCB EUP 10-03 as drafted. Respectfully submitted, f DSM/cb Attachment Daniel S. Mclnt i e County Attor y RESOLUTION NO.10-126 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPORTING SENATE BILL 2322CS, HOUSE BILL PCB EUP10-03 OR SIMILAR LEGISLATION AUTHORIZING A PROGRAM FOR LOCAL GOVERNMENTS OR SPECIAL DISTRICTS TO ESTABLISH PROGRAMS PROVIDING FOR FINANCING OF ENERGY CONSERVATION, ENERGY EFFICIENCY, RENEWABLE ENERGY, OR WIND RESISTANCE IMPROVEMENTS TO EXISTING BUILDINGS OR FACILITIES THROUGH NON-AD VALOREM ASSESSMENTS ON PARTICIPATING PROPERTIES; AND PROVIDE AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Senate Bill 2322CS sponsored by Senator Mike Bennett (R-Bradenton), as amended on March 17, 2010 and House Bill PCB EUP 10-03 provide explicit authority for the creation of local government and special district programs providing for financing of energy conservation, energy efficiency, renewable energy and wind resistance improvements to existing buildings and facilities through non-ad valorem assessments or liens on voluntarily participating properties. 2. The Board supports the U.S. Mayors' Climate Change Protection Agreement, which specifically commits signatories to: reduce global warming pollution; increase the use of clean, alternative energy; advocate for the development of renewable energy sources; make energy efficiency a priority in government operations; and help educate the public, schools, other jurisdictions, professional associations, businesses, and industry about reducing global warming. 3. The Board supports legislation or other initiatives to promote energy efficiency, renewable energy, clean energy sources, energy conservation, and wind damage mitigation. 4. The Board strongly believes that a clean, diverse, reliable, and affordable energy supply that moves us toward greater energy security is among the highest of our nation's priorities and that affordable wind damage mitigation improvements advance our economic security and safety. 5. Senate Bill 2322CS, as amended, and House Bill PCB EUP 10-03 would enable local governments to create programs providing for greater investment in energy conservation, energy efficiency, renewable energy, and wind resistance improvements by their citizens and advancingthe public interests in energy conservation, renewable energy development, greenhouse gas emissions reduction, and wind damage mitigation. 6. Such programs would permit property owners to invest in qualifying improvements through loans to property owners who agree to repay such loans through a special non-ad valorem assessrnent or lien. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1: The Board of County Commissioners of St. Lucie County hereby supports the passage of Senate Bill 2322C5, as amended on March 17, 2010, and House Bill PCB EUP 10-03 or similar legislation by the Florida Legislature authorizing the creation of local government and special district programs providing for financing of energy conservation, energy efficiency, renewable energy and wind resistance improvements to existing buildings and facilities through non-ad valorem assessments or liens on voluntarily participating properties and urges Governor Charlie Crist to sign such legislation into law. Section 2: The CountyAdministrator is hereby directed to send a copy ofthis resolution to Governor Charlie Crist, the County's Legislative Delegation and the Executive Director of the Florida Association of Counties. Section 3: This resolution shall become effective upon adoption. PASSED AND DULY ADOPTED this 20`h day of April, 2010. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney i Florida Senate - 2010 CS for SB 2322 By the Committee on Community Affairs; and Senator Bennett 578-03135-10 20102322c1 1 A bill to be entitled 2 An act relating to energy improvement districts; 3 creating s. 163.08, F.S.; providing for supplemental 4 authority to local governments regarding improvements 5 to real property; providing legislative findings and 6 intent; defining "local government," ~~qualifying 7 improvement," "energy conservation and efficiency 8 improvement," ~~renewable-energy improvement," and 9 ~~wind-resistance improvement"; authorizing a local 10 government to levy a non-ad valorem assessment to fund 11 a qualifying improvement; authorizing a property owner 12 to enter into a financing agreement with a local 13 government to finance a qualifying improvement; 14 authorizing a local government to collect for such 15 purpose through a non-ad valorem assessment; providing 16 exceptions; providing for discontinuance of utility 17 service under certain circumstances if the financing 18 agreement provides for repayment through a utility 19 bill; authorizing a local government to enter into a 20 partnership with one or more local governments for the 21 purpose of providing and financing qualifying 22 improvements; authorizing a for-profit entity or a 23 not-for-profit organization to administer a qualifying 24 improvement program on behalf of and at the discretion 25 of the local government; authorizing a local 26 government to incur debt payable from revenues 27 received from the improved property; requiring that a 28 local government verify past payment delinquencies and 29 involuntary liens on the property; requiring that a Page 1 of 9 CODING: Words are deletions; words underlined are additions. Florida Senate - 2010 CS for SB 2322 ~ 578-03135-10 20102322c1 30 qualifying improvement be affixed to an existing 31 building or facility on the property and be performed 32 by a properly certified or registered contractor; 33 limiting the total amount of a non-ad valorem 34 assessment or a municipal or county lien; providing 35 exceptions; requiring that a property owner provide 36 certain parties with notice of intent to enter into a 37 financing agreement, the maximum principal amount to 38 be financed, and the maximum annual assessment needed 39 to repay that amount; prohibiting acceleration of a 40 mortgage under certain circumstances; providing that 41 certain provisions of state law do not limit or 42 prohibit any local government from exercising certain 43 authority; providing for statutory construction 44 regarding a local government's home-rule authority; 45 providing an effective date. 46 47 Be It Enacted by the Legislature of the State of Florida: 48 49 Section 1. Section 163.08, Florida Statutes, is created to 50 read: 51 163.08 Supplemental authority regarding improvements to 52 real property.- 53 (1)(a) The Legislature affirms its previous amendments to 54 the energy goal of the state comprehensive plan, which provided, 55 in part, that Florida shall reduce its energy requirements 56 through enhanced conservation and efficiency measures in all 57 end-use sectors and shall reduce atmospheric carbon dioxide by 58 promoting an increased use of renewable-energy resources. The Page 2 of 9 CODING: Words ~~~~i are deletions; words underlined are additions. ~ Florida Senate - 2010 CS for SB 2322 578-03135-10 20102322c1 59 Legislature also affirms its previous declaration that it is the 60 public policy of this state to play a leading role in developing 61 and instituting energy management programs aimed at promoting 62 energy conservation, energy security, and reduction of 63 greenhouse gases. In addition to establishing policies to 64 promote the use of renewable energy, the Legislature finds that 65 it must continue to rovide for a schedule of increases in 66 energy performance of buildings subject to the Florida Energy 67 Efficiency Code for Building Construction. The Legislature 68 further finds that it must continue to adopt new energy 69 conservation and greenhouse gas reduction comprehensive planning ~0 requirements for local governments. The Legislature acknowledges 71 that in the General Election of 2008, the voters of this state 72 approved a constitutional amendment authorizing the Legislature, 73 h~~ ~eneral law, to prohibit consideration of any change or 74 improvement made for the purpose of improving the property's ~5 resistance to wind damage or the installation of a renewable- 76 energy-source device in the determination of the assessed value 77 of real property used for residential purposes. 78 (b) Al1 energy-consuming improved properties not using 79 energy-conservation strategies contribute to the burden 80 affecting all improved property resulting from fossil fuel 81 energy production. Improved property that has been retrofitted 82 with energy-related qualifying improvements receives the special 83 benefit of alleviating the property's burden from energy 84 consumption All improved pro erties not protected from wind 85 damage by wind-resistance im rovements contribute to the burden 86 affecting all improved property resulting from potential wind 87 damage Improved property that has been retrofitted with wind- Page 3 of 9 CODING: Words are deletions; words underlined are additions. Florida Senate - 2010 CS for SB 2322 ` 578-03135-10 20102322c1 88 resistance qualifying improvements receives the special benefit 89 of reducing the property's burden from potential wind damage. 90 Further, the installation and operation of qualifying 91 improvements not only benefit the affected properties for which 92 the improvements are made, but also assist in fulfilling the 93 goals of the state's energy and hurricane mitigation policies. 94 To make qualifying improvements more affordable and assist 95 property owners who wish to undertake them, there is a 96 compelling state interest in enabling property owners, on a 97 voluntary basis, to finance such improvements with local 98 government assistance. 99 (c) The Legislature finds that the actions authorized under 100 this section, including the financing therein of qualifying 101 improvements through the execution of financing agreements and 102 the related imposition of voluntary assessments or charges, are 103 reasonable and necessary to serve and achieve a compelling state 104 interest and for the prosperity and welfare of the state and its 105 property owners and inhabitants. 106 (2) For purposes of this section, the term: 107 (a) ~~Local government" means a county, a municipality, or a 108 special district. 109 (b) °Qualifying improvement" includes any of the following: 110 1. ~~Energy conservation and efficiency improvement," which 111 means a measure to reduce consumption, through conservation or 112 more efficient use, of electricity, natural gas, propane, or 113 other forms of energy on the property, including, but not 114 limited to, air sealing, installation of insulation, 115 installation of energy-efficient heating, cooling, or 116 ventilation systems, building modifications to increase the use Page 4 of 9 CODING: Words are deletions; words underlined are additions. ~ Florida Senate - 2010 CS for SB 2322 578-03135-10 20102322c1 117 of daylighting, replacement of windows, installation of energy 118 controls or energy-recovery systems, and installation of 119 efficient lighting equipment, provided that, to be covered by an 120 agreement with a pro erty owner and financed under this section, 121 such improvement must be affixed to a building or facility that 122 is part of the property. 123 2. ~~Renewable-energy im rovement," which means the 124 installation of any system whereby electrical, mechanical, or 125 thermal energy is produced from a method that uses one or more 126 of the following fuels or energy sources: hydrogen, solar 127 energy, geothermal energy, bioenergy, or wind energy. 128 3. ~~Wind-resistance improvement," which includes, but is 129 not limited to: 130 a. Improving the strength of the roof deck attachment; 131 b. Creating a secondary water barrier to prevent water 132 intrusion; 133 c. Installing wind-resistant shingles; 134 d. Installing gable-end bracing; 135 e. Reinforcing roof-to-wall connections; 136 f. Installing storm shutters; and 137 g. Installing opening protections. 138 (3) A local government may levy a non-ad valorem assessment 139 to fund a qualifying improvement. 140 (4) Subject to local government ordinance or resolution, a 141 property owner may apply to the local government for funding to 142 finance a qualifying im rovement and enter into a financing 143 agreement with the local government. Costs incurred by the local 144 government for such purpose may be collected as a non-ad valorem 145 assessment or a municipal or county lien, or may be collected Page 5 of 9 CODING: Words are deletions; words underlined are additions. Florida Senate - 2010 CS for SB 2322 ~ 578-03135-10 20102322c1 146 pursuant to any other lawful method. - 147 (a) A non-ad valorem assessment shall be collected pursuant 148 s. 197.3632. However, the notice and ado tion requirements of s. 149 197.3632(4} do not apply if the provisions of this section are 150 used and complied with, and the initial resolution, publication 151 of notice, and mailed notices to the property appraiser, tax 152 collector, and Department of Revenue required by s. 153 197.3632(3)(a) are provided on or before August 15 in 154 conjunction with any non-ad valorem assessment authorized by 155 this section if the property appraiser, tax collector, and local 156 government agree. 157 (b) If the financing agreement provides for repayment 158 through a surcharge on a utility or other municipal service bill 159 in the form of a municipal lien, the utility provider may 160 discontinue the delivery of all utility service if the surcharge 161 is not paid. However, the financing agreement must set forth the 162 terms and costs of such discontinuance, including the period 163 after which discontinuance will be imposed. 164 (5) Pursuant to this section, other applicable law, or its 165 home rule power, a local government may enter into a partnership 166 with one or more local governments for the purpose of providing 167 and financing qualifying improvements. 168 (6) A qualifying improvement program may be administered by 169 a for-profit entity or a not-for-profit organization on behalf 170 of and at the discretion of the local government. 171 (7) A local government may incur debt for the purpose of 172 providing such improvements, payable from revenues received from 173 the improved property or any other available revenue source as 174 authorized by law. Page 6 of 9 CODING: Words are deletions; words underlined are additions. . i Florida Senate - 2010 CS for SB 2322 578-03135-10 20102322c1 175 (8) A local government may enter into a financing agreement 176 only with the owner of record of the affected property. 177 (9) Before entering into a financing agreement, the local 178 government shall reasonably verify that all property taxes and 179 any other assessments levied on the same bill as property taxes 180 have been paid and have not been delinquent for the past 3 years 181 or the property owner's period of ownership, whichever is less; 182 that there are no involuntary liens such as construction liens 183 on the property; that no notices of default or other evidence of 184 property-based debt delinquency have been recorded during the 185 past 3 years or the property owner's period of ownership, 186 whichever is less; and that the property owner is current on all 187 mortgage debt on the property. 188 (10) A qualifying improvement shall be affixed to an 189 existing building or facility that is part of the property and 190 shall constitute an improvement to the building or facility or a 191 fixture thereto. An agreement between a local government and a 192 qualifying property owner may not cover projects in buildings or 193 facilities under new construction or construction for which a 194 certificate of occupancy or similar evidence of substantial 195 completion of new construction or improvement has not been 196 issued. 197 (11) Any work requiring a license under any applicable law 198 to make a qualifying improvement shall be performed by a 199 contractor properly certified or registered pursuant to part I 200 or part II of chapter 489. 201 (12) Without the consent of the holders or loan servicers 202 of any mortgage encumbering or otherwise secured by the 203 property, the total amount of any non-ad valorem assessment or Page 7 of 9 CODING: Words ~~n are deletions; words underlined are additions. Florida Senate - 2010 CS for SB 2322 ~ 578-03135-10 20102322c1 204 municipal or county lien for a propert_y under this section may 205 not exceed 20 percent of the just value of the property as 206 determined by the county property appraiser. 207 (a) Notwithstanding any other provision of law, a non-ad 208 valorem assessment or municipal or county lien for a qualifying 209 improvement defined in subparagraph (2)(b)1. or 2. which is 210 supported by an energy audit is not subject to the limits in 211 this subsection if the audit demonstrates that the annual energy 212 savings from the qualified improvement equals or exceeds the 213 annual re ayment amount of the non-ad valorem assessment or 214 municipal or county lien. 215 (b) A local government may adopt alternate parameters to 216 those specified in this subsection to conform to local needs and 217 conditions after conducting a public hearing resulting in a 218 finding of the need for such changes due to local needs and 219 conditions. 220 (13) At least 30 days before entering into a financing 221 agreement, the property owner shall provide to the holders or 222 loan servicers of any existing mortgages encumbering or 223 otherwise secured by the property notice of intent to enter into 224 a financing agreement, together with the maximum principal 225 amount to be financed and the maximum annual assessment 226 necessary to repay such amount. A provision of any agreement 227 between a mortgagee or other lienholder and a property owner or 228 otherwise now or hereafter binding upon a property owner 229 allowing for acceleration of payment of the mortgage, note, or 230 lien or other unilateral modification solely as a result of 231 entering into a financing agreement, as provided for in this 232 section, is not enforceable. This subsection does not limit the Page 8 of 9 CODING: Words are deletions; words underlined are additions. . ~ Florida Senate - 2010 CS for SB 2322 578-03135-10 20102322c1 233 authority of the holder or loan servicer to increase the 234 required monthly escrow by an amount necessary to annually pay 235 the qualifying improvement assessment. 236 (14) A provision of any agreement between a local 237 government and a public or private power or energy provider, or 238 other utility provider, may not limit or prohibit any local 239 government from exercising its authority under this section. 240 (15) This section shall be construed to be additional and 241 supplemental to county and municipal home-rule authority and not 242 in derogation thereof or a limitation thereon. 243 Section 2. This act shall take effect July 1, 2010. Page 9 of 9 CODING: Words are deletions; words underlined are additions. Session :Bills : flsenate.gov Page 1 ot;Z Select Year: 2010 Select Chamber: Senate ~ Go ~ Jump Bil! Text Amendments Staff Analysis Vote HistarY To: (2) ~ (4} ~ ~3} ~ ~3} I Citations Next Senate Bilt • Previous Senate Bill ~ Senate 2322: Relating to Energy Improvement Districts [WPSC] 52322 GENERAL BILL/CS by Community Affairs; Bennett (Similar H 7179) EnerQV Improvement Districts fWPSCI; Provides for supplemental authority to local governments regarding improvements to real property. Authorizes a local government to lery a non-ad valorem assessment to fund a qualifying improvement. Authorizes a property owner to enter into a financing agreement with a local government to finance a qualifying improvement. Provides for statutory construction regarding a locat government's home-rule authority, etc. EFFECTIVE DATE: 07/01 /2010. 02/23/10 SENATE Filed 03/04/10 SENATE Referred to Community Affairs; Communications, Energy, and Public Utilities; Finance and Tax; Policy ~t Steering Committee on Ways and Means -SJ 00199 03/11/10 SENATE Introduced -SJ 00199 03/12/10 SENATE On Committee agenda-- Community Affairs, 03/17/10, 3:15 pm, 412-K 03/17/10 SENATE CS by Community Affairs; YEAS 11 NAYS 0-SJ 00278; CS read 1st time on 03/22/10 -SJ 00297 03/19/10 SENATE Pending reference review under Rute 4.7(2) -(Committee Substitute) 03/22/10 SENATE Now in Communications, Energy, and Public Utilities -SJ 00278; On Committee agenda-- Communications, Energy, and Public Utilities, 03/23/10, 1:00 pm, 301-5 03/23/10 SENATE Favorable by Communications, Energy, and Public Utilities; YEAS 9 NAYS 0-SJ 00332; Now in Finance and Tax -SJ 00332 04/01 /10 SENATE On Committee agenda-- Finance and Tax, 04/06/10, 3:15 pm, 301-5 04/06/10 SENATE CS/CS by Finance and Tax; YEAS 5 NAYS 0 Bills Version: Posted: Format: 5 2322 02/23/2010 Web PaQe ~ PDF S 2322C1 03/19/2010 Web PaQe ~ PDF Committee Amendments Version: Amendment: Published/Filed: Committee Actions: Format: CA - Replaced by CS S 2322 177270 03/16/2010 (03/17/2010) PDF FT - Replaced by CS S 2322c1 100678 04/06/2010 (04/06/2010) PDF FT - Replaced by CS S 2322c1 707606 04/06/2010 (04/06/2010) PDF FT - Replaced by CS S 2322c1 977118 04/05/2010 (04/06/2010) PDF http://www.flsenate.gov/session/index. cfm?p=2&BI_Mode=V iewBillInfo&Mode=Bills&ElementI D=Jum... 4/8/2010 Secsion :Bills : flsenate.gov Page 2 of 2 ~ Floor Amendments NO FLOOR AMENDMENTS AVAILABLE Bill Analyses Analysis: Committee: Posted: Format: s 2322 Community Affairs 03/19/2010 PDF Communications, s 2322 Energy, and Public 03/23/2010 PDF Utilities s 2322 Finance and Tax 04/05/2010 PDF Vote History - Committee Chamber: Committee: Format: Senate Community Affairs PDF Senate Communications, Energy, and Public UtilitiesPDF Senate Finance and Tax PDF Vote History - Floor NO VOTE HISTORY AVAILABLE Citations - Statute 0163.08 Citations - Constitution NO CONSTITUTION CITATIONS FOUND FOR SENATE BILL 2322. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ~ 2000-2006 State of Florida. http://www.flsenate.gov/session/index.cfm?p=2&BI_Mode=ViewBillInfo&Mode=Bills&ElementID=Jum... 4/8/2010 ITEM NO. VI-C1 ~ ' ~ , , DATE: 4/20/10 ~ , ~ R • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powiey, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer hi~ SUBJECT: Okeechobee Crossings Conditional Acceptance - Maintenance Agreement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 15, 2008 - Board approval of the Road Improvement Agreement. RECOMMENDATION: Board approval of the conditional acceptance of the public improvements and the Maintenance Agreement. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( OTHER ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Siqnatures County Attorney ( x) ~ Finance ( x) Daniel Mclntyre ai Francis Originating Dept. ( x ) ~ . County Engineer ( x ) ,~I~ ~J~~ Don Id West Michael Powley County Surveyor ( x ) Ronald Harris Okeechobee Crossings conditional acceptance.ag Engineering Division ` ~ ~ ~ • ' ~ ~ - MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Pubiic Works Director ~1 . ~ FROM: Michael Powley, County Engineer , y.~ ~F~4N DATE: April 20, 2010 SUBJECT: Okeechobee Crossings Conditional Acceptance - Maintenance Agreement ITEM NO. VI-C1 Backqround: Okeechobee Crossings, a commercial development, is within the limits of the City of Ft. Pierce and is located at the northeast corner of Okeechobee Road (SR 70) and Jenkins Road. The Ft. Pierce City Commission granted this development site plan approval on June 4, 2007. The City of Ft. Pierce entered into a Development Agreement with NNN/1031 No.16 SR 70 Jenkins LLC. (developer of Okeechobee Crossings) on January 11, 2008. A condition of the agreement required that the developer construct road improvements within the Jenkins Road right-of-way subject to approval of St. Lucie County. These improvements include turn lanes, sidewalks and drainage improvements. The developer has satisfactorily completed the road improvements on Jenkins Road and is requesting conditional acceptance. Staff has inspected the improvements and reviewed the submitted supporting documentation (Attachment A). Staff recommends the Board approve the conditional acceptance of the constructed improvements and accept the Maintenance Agreement (Attachment B) and surety in the amount of $66,799.16 for a period of one year and 30 days. Recommendation: Board approval of the conditional acceptance of the public improvements and the Maintenance Agreement. ATTACHMENT A ~ E ENGINEERING DESIGN ~ ~ ~ $a CONSTRUCTION ~ I NC. ~ ~ ~ ~ D 1934 Tucker Court " ; Fort Pierce, FL 34950 C phone:772-462-2455 m fax: 772-462-2454 March 1, 2010 06-221 Michael Powiey, P.E. County Engineer ' St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Subject: Okeechobee Crossings Certification Dear Mr. Powley, On Thursday, January 8, 2009, EDC, Inc. conducted a field inspection for Okeechobee Crossings and associated commercial building; items of consideration were paving, grading, drainage, and utilities. In consideration of the items mentioned, we deem the project to be safe for public health and welfare and in general conformity with accepted engineering standards and the approved plans. In subsequent meetings with SLC Road & Bridge and SLC Engineering, all noted deficiencies by SLC have been addressed and accepted by St. Lucie County staff. The following items were added during construction after the SLC permit was provided: Curb and drainage on the west side of Jenkins Road, sidewalk at the NW corner of Jenkins Road and Okeechobee Road, SD-33 at tie-in to NSLRWCD outfall for ROW drainage, and the reduction in width of the sidewalk near Sta: 63+00 for Jenkins Road. These above-mentioned additional items and any deviations from the permitted plans are shown on the record drawings. The striping for Jenkins Road has been collected and added to the record drawings by a professional surveyor. Conditions of infeasibility forced some sidewalk areas to experience cross slopes that slightly exceed 2%. In general, and in my professional opinion, the project meets the design standards applicable at the time of permit issuance and the crossings promote the safest conditions for both pedestrians and vehicles. Should you have any questions or require additional information, please feel free to contact me at (772) 462-2455 at your convenience. Sincerel , j Roderick J. Kennedy, P.E. FL # 56218 RJK/DPR/nls cc: Kerry-Ann Wilson, RAM Development project file #06-221 Z:\06-projects\06-221(RAM Development-Jenkins)\SLC Permits\OC-SLC Cert-letter 3-1-2010.doc E N G I N E E R I N G D E S I G N 8 C O N S T R U C T 1 O N. I N C CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court Ft. Pierce FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 ATTACHMENT B ~ ~ MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into this day of April, 2010, by and between NNN/1031 No.16 SR 70 Jenlana LLC, (the "Developer") and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County"). WITNESSETH: WHEREAS, the Developer intends to construct turn lanes, sidewalk and drainage improvements (the "Improvements") and convey ownership and maintenance responsibility to the County; and WI~REAS, as a condition for the acceptance of the Improvements by the County, the Developer has agreed to post security in a form acceptable to the County Attomey in the amount of fifteen percent (15%) of the approved cost of the Improvements for a period of at least one (1) yeaz and thirty (30) days from the date of conditional acceptance of the Improvements by the County. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valua.ble consideration, the parties agree as follows: 1. SECURITY. T'he Developer agrees to provide the County with security in a form acceptable to the County Attorney, in the amount of sixty-six thousand seven hundred ninet-nine dollars and sixtenn cents ($66,799.16), representing fifteen percent (15%) of the cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer and as are more particularly set forth on those certain plans for construction improvements drawn by the Developer's engineers, EDC, Inc. dated January O1, 2008. This amount shall be retained for a period of one (1) year and thirty (30) days from the date of conditional acceptance as described below to provide for maintenance of the Improvements to be dedicated to the public and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 2. SUPERVISION OF CONSTRUCTION. The Improvements have been constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and the Developer's engineer has furnished the County Engineer with a certificate of satisfactory completion for approval. 3. CONDTfIONAL ACCEPTANCE. The Developer's engineer has certified that the Improvements have been constructed in accordance with applicable County requirements and the County Engineer has inspected the Improvements and reviewed the construction and supporting test/control data fumished by the Developer's engineer. If the Improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Commissioners and recommend that the 1 S Improvements be conditionally accepted. The date of this Agreement shall be the "Acceptance Date" of the required Improvements. 4. RELEASE OF SECURITY. One (1) yeaz from the Acceptance Date, the Developer shall contact the County Engineer for a joint inspection with the Developer's Engineer. If deficiencies appear, the Developer shall correct all deficiencies in an approved manner, except those damages that are not a result of design or construction deficiencies. If the required corrective action cannot be completed by the one (1) year and 3 0(thirty) day expiration date, the County may so notice the Developer that the required security will not be released until all necessary corrective actions have been completed and approved by the County. When all conections have been made, the County Engineer shall so inforrn the Boaxd. The Board of County Commissioners shall then act on release of remaining development security, and final acceptance of the Improvements. 5. INTERPRETATION; VENUE. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be govemed by the laws of the State of Florida. In the event it is necessary for either parry to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. (THE NEXT PAGE IS THE SIGNATURE PAGE) 2 IN WITNESS W~IEREOF, the parties have caused this Agreement to be made and entered into the day and year first written. WITNESSES: NNN/1031 No. 16 SR 70 Jenkins LLC, a Florida limited liability company By: CWP, LLC, a Florida limited liability company, as M er - By Pri~c n~e: eTL'1 a eZ ~VaI'eZ Name: David A. ean, Authorized Representative March 29, O10 Print namc: c ~ ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ROAD MARtT AGRFF~! FORM.doc 3 ~r ITEM NO. VI-C2 , "~l. ~ ~ DATE: 4/20/10 i • ' ~ ' REGULAR ( ) AGENDA REQUEST PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E~Y SUBMITTED BY: Public Works/Engineering Division County Engineer ~ SUBJECT: McDonald's USA, LLC BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the agreement to pay fee-in-lieu-of constructing concrete sidewalks with McDonald's USA, LLC in the amount of $18,678 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER - Approved 5-0 Faye W. Outlaw, MPA County Administrator _ Coordination/Siqnatures County Attorney ( x) Environmental ~ x~ ~ Daniel Mclntyre Services Director en Smith Originating Dept. ( x) W• County Engineer ( x) M~P D nald West Michael Powley Planning & Dev. ~ x) County Surveyor ( x) Services Dir. Mark Satterlee Ronald Harris cc: Finance McDonalds at Indrio Crossings feeinlieuofsidewalk.ag , . . . . Engineering D~vision ~ ~~w~~ ~ • ' ' ' MEMORANDUM - - TO: Board of County Commissioners THROUGH: Donald West, Public Works Director ~`r. FROM: Michael Powley, County Engineer M~~'j DATE: April 20, 2010 SUBJECT: McDonald's USA, LLC ITEM NO. VI-C2 Back4round: McDonald's USA, LLC proposes to redevelop an existing McDonald's restaurant which is located within the Indrio Crossings Shopping Center at the northeast corner of Kings Highway and Indrio Road. The St. Lucie County Growth Management Director granted approval of the minor site plan known as McDonald's ~ Indrio Crossings on January 18, 2010 (Attachment A). The St. Lucie County Engineering Division is currently designing improvements to the intersection of Kings Highway and Indrio Road. Concrete sidewalks constructed ahead of our intersection widening will likely be demolished. As a condition of approval, the County required the developer to enter into an agreement to pay fee-in-lieu-of constructing concrete multi-use paths along Indrio Road and Kings Highway (Attachment B). The engineer's estimate of probable cost (Attachment C) included within the agreement has been reviewed and approved by County staff. Recommendation: Board approval of the agreement to pay fee-in-lieu-of constructing concrete sidewalks with McDonald's USA, LLC in the amount of $18,678 and authorization for the Chairman to sign documents as approved by the County Attorney. . _ . _ _ _ ~ ~ JOSEPH E. SMITH, CLERK OF TNE CIRCUIT COURT ATTACFINIENT A ~~~E c~nr . ~ a~3so~s o~nsrzo~o a~ oe:s~ aa pR gpp1C 3165 PAGE 2577 - 2582 Doc Type: ~D RECORD~NG: S52•`.~0 1 GM 10-001 2 MNSP 920094007 4 AN ORDER OF THE GROVYTH MANAGEMENT DIRECTOR GRANTING s APPROVAL FOR A MINOR SITE PLAN KNOWN AS MCDONALD'S c~ 6 INDRIO CROSSING CONSISTING OF A 3,466 SQUARE FOOT FAST ~ FOOD (DRIVE THRU) RESTAURANT ON 1.32 ACRES IN THE CG, a COMMERCIAL GENERAL ZONING DISTRICT ON CERTAIN 9 PROPERTY SITUATED IN ST. LUCIE COUNTY, FLORIDA. io ii WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for iz minor site plan approval submitted by Indrio Retail, LLC and reviewed the comments of the St. 13 Lucie County Development Review Committee on this application, and made the following 14 determinations: 15 i6 1. Indrio Retail. LLC has proposed a 3,466 square foot fast food (drive thru) restaurant i~ building on 1.32 acres located on the northeast comer of King's Highway and Indrio ia Road. 19 z o 2. On January 14, 2010 the Development Review Committee reviewed the minor site plan 21 for the proposed project and found it to meet technical requirements of the St. Lucie 22 County Land Development Code and to be consistent with the St. Lucie County 2 a Comprehensive Plan. 24 a5 3. On January 14, 2010 the Environmental Resources Director reviewed and granted the 26 applicant's request for administrative relief as per Section 7.09.04(O) of the Land a ~ Development Code. This relief allows the landscape buffer width requirement of fifteen aa (15) feet between the right-of-way and vehicular use area adjacent to Indrio Road to be 2 9 reduced a maximum of two (2) feet to thirteen (13) feet. 30 3 i 4. The project is consistent with the general purpose, goals, objectives, and standards of 3a the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development 3 3 Code. 34 3 5 5. The project will not have an undue adverse effect on adjacent property, the character of 3 6 the neighborhood, traffic conditions, parking, utility facil'~ies, or other matters affecting the a ~ public health, safety, and general welfare. 38 39 6. All reasonable steps have been taken to minimize any adverse effect of the proposed 4 o project on the immediate vicinity through building design, site design, landscaping, and 4 i screening. 42 43 7. The project wi11 be constructed, arranged, and operated so as not to interfere with the 44 development and use of neighboring property, in accordance with applicable distnct 45 regulations. 46 File No.: MNSP 920094007 '~EPH E. SMITFf, c~wc oF THE cNtCU1T COURT GM 10-001 SAINT LUC~ COUNTY Pa e 1 January 18, 2010 Fi~: ~u»2~ ov~~no~oacoz:~~ aM 9 OR BOOK 3170 PAGE 2107 - 2412 Doc Type: ORD RECORDINK': 552.50 , . . _ . _ t i 8. The project is to be served by adequate public facilities and services. 2 3 9. The applicant has applied for and received a certificate of capacity, a copy of which is 4 attached to this Order as Exhibit A, as required under Chapter V, St. Lucie County Land 5 Development Code. 6 ~ NOW, THEREFORE, BE IT ORDERED: s 9 A. Pursuant to Section 11.02.03 (A) of the St. Lucie County Land Development Code, io the Minor Site Plan for the project to be known as McDonald's ~ Indrio Crossing, ii is hereby approved as shown on the site plan (dated December 8, 2009 - prepared lz by CPH Engineers, Inc.), the landscape plan (dated January 7, 2010 - prepared by i3 CPH Engineers, Inc.) and the exterior elevations (dated December 9, 2009 - ia prepared by Hartley + Purdy Architecture, Inc forthe project date stamped received is by the St. Lucie County Growth Management Department on January 13, 2010 is ' i6 being granted for the property described below, subject to the following conditions: i~ ie 1. Prior to issuance of a Vegetation Removal Permit or Exemption, an original i9 signed and sealed copy of the landscape plan dated 01/07/10 shall be provided a o and approved by Environmental Resources Department. zi 22 2. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant aa shall finalize an improvement agreement acceptable to Environmental a4 Resources Department covering the cost of all required landscaping, irrigation, ! 25 and related improvements shown in the site plan. A copy of this agreement can 2 6 be obtained by visiting the SLC Environmental Resources Department website a~ at: htta://www.stlucieco.org/Environmental Resources De~artmen~ndex.htm. 28 29 3. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant , s o shall have obtained and provided Environmental Resources Department with i 3 i copies of any required federal and state permits. If federal or state agency I 32 compliance requires modification to the development plans, the applicant will 3 s prompty modify the plans and submit to St. Luae County for review and approval 34 as required by the Land Development Code. The applicant will not use the 3 5 County's development approval to prevent compliance with any federal or state 36 agency requirements. 37 a s 4. Within ninety (90) days of issuance of a Vegetation Removal or Exemption 39 Permit, all Category I and II Invasive Exotic vegetation, as defined by the most 4 o recent list by Florida Exotic and Pest Plan Council, shall be removed from the 41 site. 42 43 5. No clearing or other site work shall commence until after constructible 44 engineering plans have been approved by the County Engineer and all county 45 environmental permits have been issued by the Environmental Resources 46 Department pursuant to Section 11.02.08(A)(7) of the St. Lucie Land 4~ Development Code. As of this date of issuance of this Development Order, no 46 constructible site development plans have been submitted for review. No worlc File No.: MNSP 920094007 GM 10-001 January 1 S, 2010 Page 2 ; ' i shall commence after the issuance of environmental permits by the County, or 2 any other permits by any other agency, until the County Engineer has approved s the constn,ictible site plans. 4 s 6. Within one hundred eighty (180) days after the petitioner, their successors or 6 assigns receives its certificate of occupancy, the owner of the subject parcel ~ shall convey to the FDOT and or St. Lucie County the required road right of way e for Kings Highway and Indrio Road. Manner and form of conveyance and 9 compensation (to be determined) shall be acceptable to the owner, Florida i o Department of Transportation and the County Attorney. The sketch and legal ii description shall be prepared by a Florida licensed sunieyor and mapper and ia approved by the owner. 13 ia 7. Within 60 days after receiving final site plan approval, the applicant shall execute i5 an agreement to pay a fee-in-lieu of construction for sidewalks or multi-purpose i6 paths and remit to the County the required funds. The acceptable method of i~ payment shall be a corporate check payable to St. Lucie County. A copy of the ie standard "Agreement" can be obtained by visiting the St. Lucie County Public 19 Works Department website at: http://www.stluaeco.gov/public work~ndex.htm. ao z i 8. Pursuant to Section 11.02.08(A)(6) of the St. Lucie County Land Development 2a Code, no work shall commence on the site until all regulatory permits required a 3 from federal, state and regional agencies and special distri~ts have been issued. a4 The Florida Department of Environmental Protection, National Pollutant a s Discharge and Elimination System compliance notice must be submitted to the a6 County Engineer with the constructible site plan at the time of building permit a~ application or during peRnit review or no paving, grading, and drainage permit a a and no building permit shall be issued. All Na6onal Pollutant Discharge and a 9 Elimination System Best Management Practices shall be instituted on the site 3 o prior to site clearing and maintained daily. Stormwater ponds shall be roughed in 3 i at the same time the site is cleared of groundcover. 32 33 9. Prior to the issuance of a building permit, the petitioner, their successors or 34 assigns shall have entered into an enforceable utility service agreementwith the 3 5 St. Lucie County Utilities Department to ensure the provision of water and sewer 3 6 services. This agreement shall be in the form consistent with the regulations of 3~ St. Lucie County Utilities Department regarding utility service extensions and 3 a service provisions. 39 4 0 10. Prior to any construction or development activity on site, a St. Lucie County 4i Stormwater Permit is required in accordance with Sections 7.07.00 and 4 z 11.05.07. Contact the Code Compliance Division for an application and fees at 4s (772) 462-1553 or go to www.co.st-lucie.fl.us for on-line permit applications. 44 4 s B. The property on which this minor site plan is being granted is described as follows: 46 4~ LEGAL DESCRIPTION: 48 File No.: MNSP 920094007 GM 10-001 January 18, 2010 Page 3 i OUTPARCEL "A" z 3 BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 4 65 FEET OF THE SOUTHWEST'/4 OF THE NORTHWEST'/+ OF SECTION 13, 5 TOWNSHIP 34 SOUTH, RANGE 39 EAST WITH THE EAST RIGHT-0F-WAY 6 LINE OF THE "SUNSHINE STATE PARKWAY FEEDER ROAD" (S.R. 713); j ~ THENCE RUN NORTH 89 DEGREES 59 MINUTES 58 SECONDS EAST a ALONG THE NORTH LINE OF THE SOUTH 65 FEET OF THE SOUTHWEST'/4 9 OF THE NORTHWEST'/.OF SECTION 13, 320 FEET; THENCE RUN NORTH io AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 25.22 FEET; THENCE ~ li RUN NORTH 45 DEGREES 00 MINUTES 02 SECONDS WEST, 208.44 FEET; ia THENCE RUN SOUTH 44 DEGREES 59 MINUTES 58 SECNDS WEST, 244.11 i3 FEET TO THE POINT OF BEGINNING. 14 is TOGETHER WITH: 16 ' i~ OUTPARCEL "B" ie i9 BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 2 0 65 FEET OF THE SOUTHWEST'/.OF THE NORTHWEST'/+ OF SECTION 13, z i TOWNSHIP 34, SOUTH, RANGE 39 EAST WITH THE EAST RIGHT-0F WAY az LINE OF THE "SUNSHINE STATE PARKWAY FEEDER ROAD" (S.R. 713); as THENCE RUN NORTH 00 DEGREES 03 MINUTES 21 SECONDS EAST z4 ALONG SAID RIGHT-0F-WAY LINE, 285 FEET; THENCE RUN EAST AT a5 RIGHT ANGLES TO THE LAST DESCRIBED LINE, 60 FEET; THENCE RUN 26 SOUTH 45 DEGREES 00 MINUTES 02 SECONDS EAST, 158.86 FEET; a~ THENCE RUN SOUTH 44 DEGREES 59 MINUTES 58 SECONDS WEST, 2 a 244.11 FEET TO THE POINT OF BEGINNING. 29 so C. The approvals granted by this adminisVative order shall expire on January 18, 2012 a i unless building permits are issued or an extension is granted in accordance with the sz provisions of Section 11.02.06 (A) of the St. Lucie County Land Development Code. 33 D. The Final Site Plan approval granted under this order is specifically conditioned to the 34 requirement that the petitioner, Indrio Retail, LLC. including any successors in interest, 35 shall obtain all necessary development permits and construction authonzations from the 36 appropriate State and Federal regulatory authorities including, but not limited to: the s~ United States Army Corps of Engineers, the Florida Department of Environmental 38 Protection, and the South Florida Water Management District, prior to the issuance of 39 any local building pennits or authorizations to commence development activities on the 4o property described in Part B. 41 4a E. The conditions set forth in Part A are an integral nonseverable part of the site plan 43 approval granted by this Development Order. If any condition set forth in Part A is 44 determined to be invalid or unenforceable for any reason and the developer declines to 45 comply voluntarily with that condition, the site plan approval granted by this 46 administrative order shall become null and void. 47 File No.: MNSP 920094007 GM 10-001 January 18, 2010 Page 4 ~ i F. A copy of this Development Order shall be attached to the site plan drawings described a in Part A, which plan shall be placed on file with the St. Lucie County Growth s Management Director and mailed, retum receipt requested to the developer and agent of 4 record as identified on the site plan application. 5 6 G. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as ~ this order. If this orde~ expires or othervvise terminates, the Certificate of Capacity shall a automatically terminate. 9 i o H. The Code Compliance Manager shall receive a copy of this Development Order and the ii approved site plan and shall not approve any building permits that do not implement or iz are not consistent with this Development Order and the plans hereby approved. 13 i4 I. This order shatl be recorded in the Public Records of St. Lucie County. 15 i6 ORDER effective the 18th day of January, 2010. i~ is 19 GROWTH MANAGEMENT DIRECTOR 20 ST. LUCIE COUNTY, FLORIDA 21 22 23 ` 24 BY 25 Ma~lc Satterlee, AICP 2 6 Growth Management Director a~ 2 8 APPROVED AS TO FORM 29 AND CORRECTNESS: 30 31 32 33 BY 3 4 Coun Attomey 35 36 37 3 8 JNJ 39 4 0 G:~PLANNlNG1PROJECT FILES\ McDonalds ~ Indrio Crossing MNSP 920094007/GM Order 10-001.doc 41 File No.: MNSP 920094007 GM 10-001 January 18, 2010 Page 5 ~ ~ r t . . ~ - E IBIT ~ ° ~ St Lucie County Certificate of Capacity Date 12/28/2009 Certificate No. 2848 This document certi~ies that concurrency wiil be met and that adequate public facility , capacity exfsts to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Minor Development Site Plan Number of units 1 Number of square feet 3466 2. Property legal description 8~ Tax ID no. 131323200010004 NE comer of Kings Highway and indrio Rd. McDonalds @ Indrio Crossing 3. Approval: Buiiding Resolution No. GM 10-001 Letter Iil8ilo 4. Subject to the foliowing conditions for concurrency: As per Order. Owner's name Indrio Retail, LLC Address 725 Conshochocken State Road Bala Cynwyd PA 19004 6. Certificate Expiration Date 1/18/2012 This Certificate of Capacity is transferabie only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed _ ~ ~ Date: 1/15/2010 Growth Management Director St Lucie County, F{orida Friday, January l5, 2010 r ATTACHMENT . B A6REEMENT TO PAY FEE IN LIEV OF CONSTRUCTIN6 CONCRETE SI~EWALKS THIS /l6REEMENT is mnde and entered into this _ day of . 20 , by nnd between ST. LUQE COUNTY. FLORI~A, a political subdivision of the State of Florida ("Courrt~") and MCDONALD'S USA, ILC, ("~eve~cPe~'~)- WITNESSETH: WHEREAS, Developer intends to construct n project to be knoNrn as McDonaid's @ Indrio (the "Development"): and WHEREAS, the ~eveloper cnnnot construct concrete sidewalks at the project location due to site conditions. WHEREAS, the Developer agrees to pny to the County Eightcen Thousund Six Hundred Seventy Eight dollnrs (~18,678) as payment in lieu of constructing the required concrete sidewniks ~ the p%ject bcatior?. Wpyy, T'HEttEfORE, in consideration of the mutual promises contnined herein, the pnrties cov~nar~t nnd ngree ns follows: Within fifteen (15) days frora the dcte of th+s Agreemurt, the Developer shnll deliver to the Courity funds in the nmourit of ~1$,678 (the "Funds"). The Funds delivered to the Courity shall be used for design and construction of sidewailks at locntions ns determined by the Courity. The Funds are nanrefundnble. IN ~yt'TTIE55 1A/HEREOF, the parties have caused this Agreemertt to be mnde and er~tered irrto the dny ond year first nbov~e written. BOARD OF COVNTY COMMISSIONERS ATTEST: ST. WGIE COtlN'TY. FWRICA BY: peput~? Clerk Chnirrtan -1- , 1 APPROVEC AS TO FORM AND CORRECTNE5.5: BY: Count~r AttonieY WITNE MC A 5 USA, LLC ~ BY: Print Nane: Tim Chsss t~~//~~l c:1 ~~'~~L~ Titk: Arta Consttvction Nl~eaa~~ -2- ~ _ _ ~ ATTHCHMENT C 3N 1/2010 Engineering Cost Estimate McDonald's ~ Ind~fo Rd 8 Kings Hwy Saint Lucfe County OFF-SITE IMPROVEMENT Descriptfon Unit Guarrtity Unit Cost Totai 10' wide concrete sidewalk S.Y. 628.89 $27.00 $16,980.00 Sub-Total= $16,980.00 Mobilization and Clearing (10%) ~698•~ Total= 518,678.00 `,~~11111/~/~/ ~p J. IN~,~~~ ~ ~i ~j~ • ~ ENSF .~G~ O ~ ~ - du rdo J. I~ PE. : 7~C ~ ~ : ST E OF ; ar ; Date! 03/~ ~/2ofp .c~ ~''•:c~ OR10P ~ ~ ~ ~i~ ~~~isS,ONA; l~?~~`~` j` ITEM NO. VI-C3 _ ~ ~ _ - . DATE: 4/20110 ~ • ' ' REGULAR ( ) AGENDA REQUEST PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P. . ~ ~ _ SUBMITTED BY: Public Works/Engineering Division County Engineer ~ SUBJECT: PJ Development, LLC BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of fee-in-lieu-of construction agreement in the amount of $9,642,66 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER ~ ~ Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Siqnatures County Attorney ( x) t,~~ ERD O Daniel Mclntyre Karen Smith Originating Dept. ( x) ~ County Engineer ( x) ~ ~ J'",'~ onald West ichael Powley Planning & - ~ ~j- / Development ~ X ) _ County Surveyor ( x ) /~E,6-1f~" Service Director Mark Satterlee Ronald Harris cc: Finance PJDevelopmentFox TowerSL2617feeinlieusidewatk request .ag ~ Engineering Division ~ - ~ = _ ~ ~ ~ ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director~ FROM: Michael Powley, County Engineer t'~ ~ r~1~ ~ ~ ~ DATE: April 20, 2010 SUBJECT: PJ Development, LLC ITEM NO. VI-C3 Background: PJ Development, LLC proposes to develop a communication tower site known as SL 2617 Fox Telecommunication Tower. The proposed project is located at the approximately 820 feet south of St. Lucie Boulevard and approximately 2100 feet east of Keen Road. The St. Lucie County Growth Management Director granted approval of the minor site plan known as SL 2617 Fox Tower Telecommunication Tower on September 11, 2009 (Attachment A). As a condition of approval, the County requires the developer to enter into an agreement to pay a fee-in-lieu-of constructing the concrete sidewalks along St. Lucie Boulevard. Sidewalks cannot be constructed in this location because of site conditions. The estimate of probable cost (Attachment B) included within the fee-in lieu-of construction agreement (Attachment C) has been reviewed and approved by County staff. Recommendation: Board approval of the fee-in-lieu-of Construction Agreement in the amount of $9,642.66 and authorization for the Chairman to sign documents as approved by the County Attorney. ~ ' Attachment A 1~ GM 09-012 2 MNSP-820081508 3 4 5 AN ORDER GRANTING APPROVAL FOR A MINOR SITE 6 PLAN FOR THE PROJECT KNOWN AS "SL 2617 FOX ~ TELECOMMUNICATION TOWER" LOCATED IN THE IL s (INDUSTRtAL, LIGHT) ZONING DISTRICT, FOR THE 9 PROPERTY ON SOUTH SIDE OF ST. LUCIE BLVD., lo APPROXIMATELY 2100 FT EAST OF KEEN ROAD, ST. 11 LUCIE COUNTY, FLORIDA. 12 13 14 WHEREAS, the St. Lucie County Growth Management Director has reviewed the 15 application for a Minor Site Plan approval submitted by PJ Development LLC, 16 reviewed the comments of the St. Lucie County Development Review Committee on 17 this application, and made the following determinations: 18 19 1. PJ Developmen~ LLC, presented a petition for a Minor Site Plan approval for 20 the project known as SL 26?7 Fox Te/ecommunication Tower for the 21 construction of a one hundred and thirty five ft(135') tall monopole 22 telecommunication tower with a maximum of five (5) co-located 23 telecommunication antennas, located in the IL (Industrial, Light) Zoning District 24 for the property on south side of St. Lucie Blvd., approximately 2100 ft east of 25 Keen Road, St. Lucie County, Florida, depicted on the attached maps as Exhibit 26 "A" and described in Part °B" below. 27 28 2. The Development Review Committee has reviewed the Sifie Plan for the 29 proposed project and found it to meet the technical requirements of the Land 30 Development Code, subject to the conditions set forth in Part "A~ of this 31 Growth Management Order. 32 33 3. The project is consistent with the general purpose, goals, objectives, and 34 policies of the St. Lucie County Comprehensive Plan and regulations set forth 35 in the St. Lucie County Land Development Code. 36 37 4. The project will not have an undue adverse effect on adjacent property, the 3g character of the neighbortiood, traffic conditions, parking, utility facilities, or 39 other matters affecting the public health, safety, and general welfare. 40 41 5. AI( reasonable steps have been taken to minimize any adverse effect of the 42 proposed project on the immediate vicinity through building design, site File No.:MNSP 820081508 ,~pgEPN E. SMfTH, CLER1( pF THE CIRCUIT COURT Resolution No. 09-012 September 11, 2009 sAINT LUC1E CoUNTY Page 1 FlLE X 3395102 09/28/2009 at 09:14 AM OR BOO!( 3131 PAGE 2447 - Zq55 poc Typ~: ORD RECORDING: 578.00 - , 1~ design, landscaping, and screening. 2 3 6. The project will be constructed, arranged, and operated so as not to interFere 4 with the development and use of neighboring property, in accordance with 5 applicable district regulations. 6 7 7. The applicant has applied for and received a Certificate of Capacity No. 2834, 8 a copy of which is attached to this order as Exhibit "B," as required under 9 Chapter V, St. Lucie County Land Development Code. 10 11 NOW, THEREFORE, BE IT ORDERED: 12 13 A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development 14 Code, the proposed Minor Site P/an to be known as SL 2617 Fox 15 Telecommunication Tower is hereby approved as shown on the site plan 16 prepared by Kimley-Horn and Associates /nc. dated July 2008 and last 17 revised on June 22, 2009, and date stamped received by the ~t. Lucie County 18 Growth Management Director on August 7, 2009, for the property described 19 below, subject to the following conditions: 20 21 1. Prior to Final Building Permit Inspection all warning signage shall be installed 22 and conform to Section 7.1 Q.23(C.7. a. thru f.) of the St. Lucie County Land 23 Development Code. The warning signs shall be inspected by the Code 24 Compliance Division. 25 26 2. Prior to the issuance of a Building Permit a cash security fund or an irrevocable 27 letter of credit, or, bond in the amount of $25,000 shall be submitted in a manner 28 and form acceptable to the St. Lucie County Attomey, to secure the cost of 29 removing this tower and the initial set of antenna or antenna array should it be 30 determined to be abandoned in accordance with Section 7.10.23(Q) of the Land 31 Development Code. Each subsequent antenna or antenna array shall be 32 subject to an additional cash security fund or iRevocable letter of credit to secure 33 the cost of removing the antenna or antenna array should it be determined to be 34 abandoned in accordance with Section 7.10.23(Q) of the Land Development 35 Code. 36 37 3.In accordance with Land Development Code Section 7.10.23(S) 38 telecommunication tower owners shall submit a report to the Building 39 Department certifying structural and electrical integrity of the tower every five (5) 40 years following the Building Permit final inspection approval. This report shall be 41 accompanied by a non-refundable fee of two hundred dollars ($200.00) to 42 reimburse the County for the cost of review. 43 File No.:MNSP 820081508 Resolution No. 09-012 September 11, 2009 Page 2 ; , 1' 4. Prior to the issuance of any permit, owners and/or operators of towers shall 2 certify that all licenses required by law for the construction and/or operation of a 3 wireless cornmunications system in the County have been obtained and file a 4 copy of all required licenses with the St. Lucie County Growth Management 5 Department and the Building Department, pursuant to Section 7.10.23(C)12 of 6 Ordinance No. 08-008. 7 8 5. This telecommunication tower must meet or exceed current standards and 9 regulations of the FAA, the FCC, including radio frequency emission standards 10 and regulations of the State or Federal govemment with the authority to regulate 11 to this tower. If such applicable standards and regulations are changed, then the 12 owners of this telecommunication tower shall bring this tower and antennas into 13 compliance with such revised standards within six (6) months of the effective 14 date of such standards and regulations, unless a different cornpliance schedule 15 is mandated by the controlling State or Federal agency. Failure to bring this 16 tower and antennas into compliance with such revised standards and regulations 17 shall constitute grounds for the removal of the tower at the expense of the 18 owner. 19 20 6. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant 21 shall have obtained and provided the Environmental Resources Department with 22 copies of any required federal and state permits. If federal or state agency 23 compliance requires modification to the development plans, the applicant will 24 promptly modify the plans and submit to St. Lucie County for review and 25 approval as required by the Land Development Code. The applicant will not use 26 the County's development approval to prevent compliance with any federal or 27 state agency requirements. 28 29 7. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant 30 shall execute an Improvement Agreement, acceptable to St. Lucie County, for 31 the cost of all required landscaping, tree mitigation, imgation, and related 32 improvements as shown in the site plans. A copy of this agreement can be 33 obtained by visiting the St. Lucie County Environmental Resources Department 34 website at: htta'//www.stlucieco.ora/erdrndex.htm. 35 36 8. Within 60 days after receiving final site plan approval, the applicant shall execute 37 an agreement to pay a fee-in-lieu of construction for sidewalks or multi-purpose 38 paths and remit to the County the required funds. The acceptable method of 39 payment shall be a cert~ed check payable to St. Lucie County. A copy of the 40 standard "AgreemenY' can be obtained by visiting the St. Lucie County Public 41 Works Department website at: http~//www stlucieco.qov/public works/index.htm. 42 43 9. Within 90 days after receiving final site plan approval, the applicant shall convey 44 the required road right of way for (80-feet} St. Lucie Boulevard. Manner and form File No.:MNSP 820081508 Resolution No. 09-012 September 11, 2009 Page 3 , ~ 1 of conveyance shaii be acceptable to the County Attorney. The sketch and legal 2 description shali be prepared by a Florida licensed surveyor and mapper. 3 Pursuant to Chapter 7.05.03 of the St. Lucie County Land Development Code, 4 the applicant may be granted credits against road impact fees. 5 6 10. Prior to any crane activities, the owner and/or operator shall be required to notify 7 the St. Lucie County International Airport a minimum of 72 hours in advance of 8 the crane use. 9 10 11. Prior to issuance the building permit, the property owner, his successors or 11 assigns is required to provide a copy of lease agreement with the owner of the 12 prope~ty to the St. Lucie County Growth Management Department and the 13 Building Department. 14 15 B. The property on which this Minor Site Plan approval is being granted is 16 described as follows: 17 18 LEGAL DESCRIPTION (Parent Parcel) 19 20 PARCEL 1 21 THE SOUTH 139.33 FEET OF THE NORTH 237.33 FEET OF THE WEST 22 312.25 FEET OF THE EAST 684.50 FEET OF THE NE 1/4 OF THE NW 1/4 OF 23 SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE 24 COUNTY, FLORIDA. LESS AND EXCEPT SUCH OF THE FOLLOWING 25 DESCRIBED PARCEL AS LIES WITHIN PARCEL 1; COMMENCE AT THE 26 NORTH QUARTER CORNER OF SECTION 31, TOWNSHIP 34 SOUTH, 27 RANGE 40 EAST; THENCE S00°09'12"W, A DISTANCE OF 98.00 FEET; 28 THENCE N89°48'22"W TO THE WEST LINE OF THE EAST 684.50 FEET OF 29 THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31, A 30 DISTANCE OF 684.50 FEET TO THE POINT OF BEGINNING; THENCE 31 S89°48'22"E, A DISTANCE OF 7.01 FEET; THENCE S00°12'28"W, A 32 DISTANCE OF 605.53 FEET; THENCE N89°47'43"W, A DISTANCE OF 6.43 33 FEET; THENCE N00°09'12"E, A DISTANCE OF 605.53 FEET TO THE POINT 34 OF BEGINNING. SUBJECT TO AN EASEMENT OVER THE EAST 30 FEET 35 THEREOF. 36 37 PARCEL 2 38 THE EAST 684.50 FEET OF THE SOUTH 836.00 FEET OF THE NORTH 934 39 FEET OF THE NE 1/4 OF THE NW 1/4 OF SECTION 31, TOWNSHIP 34 40 SOUTH, RANGE 40 EAST, ST. LUC1E COUNTY, FLORIDA, LESS THE 41 EAST 342.25 FEET THEREOF: LESS AND EXCEPT THE FOLLOWING 42 DESCRIBED PARCEL; PARCEL ONE, THE SOUTH 139.33 FEET OF THE 43 NORTH 237.33 FEET OF THE WEST 312.25 FEET OF THE EAST 684.50 44 FEET OF THE NE 1/4 OF THE NW 1/4 OF SECTION 31, TOWNSHIP 34 File No.:MNSP 820~81508 Resofution No. 09-012 September 11, 2009 Page 4 1. SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. ALSO LESS AND 2 EXCEPT SUCH OF THE FOLLOWING DESCRIBED PARCEL AS LIES 3 WITHIN PARCEL 2; COMMENCE AT THE NORTH QUARTER CORNER OF 4 SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST; THENCE 5 S00°09'12"W, A DISTANCE OF 98.00 FEET; THENCE N89°48'22"W TO THE 6 WEST LINE OF THE EAST 684.50 FEET OF THE NORTHEAST 1/4 OF THE 7 NORTHWEST 1/4 OF SAID SECTION 31, A DISTANCE OF 684.50 FEET TO g THE POINT OF BEGINNING; THENCE S89°48'22"E, A DISTANCE OF 7.01 9 FEET; THENCE S00°12'28"W, A DISTANCE OF 605.53 FEET; THENCE 10 N89°47'43"W, A DISTANCE OF 6.43 FEET; THENCE N00°09'12"E, A 1I DISTANCE OF 605.53 FEET TO THE POINT OF BEGINNING. SUBJECT TO 12 AN EASEMENT OVER THE EAST 30 FEET THEREOF. 13 14 DRIVEWAY 15 A PORTION OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST, 16 ST.LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED 17 AS FOLLOWS: 18 19 COMMENCE AT THE NORTH QUARTER CORNER OF SAID SECTION 20 31; THENCE SOUTH 00°09'12" WEST, ALONG THE EAST LINE OF SAID 21 SECTION 31, A DISTANCE OF 98.00 FEET TO THE SOUTH RIGHT OF 22 WAY LINE OF ST LUCiE BOULEVARD; THENCE DEPARTING SAID EAST 23 LINE, NORTH 89°48'22" WEST, ALONG SAID SOUTH RiGHT OF WAY 24 LINE, A DISTANCE OF 34225 FEET; THENCE DEPARTING SAID SOUTH 25 RIGHT OF WAY LINE, SOUTH 00°09'12" WEST, A DISTANCE OF 786.00 26 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 00°09'12" WEST, A 27 DISTANCE OF 20.00 FEET; THENCE NORTH 89°48'22" WEST, A DISTANCE 28 OF 54.99 FEET; THENCE NORTH 00°11'38" EAST, A DISTANCE OF 20.00 29 FEET; THENCE SOUTH 89°48'22" EAST, A DISTANCE OF 54.98 FEET 30 TO THE POINT OFBEGINNING. 31 32 CONTAINING 0.0252 ACRES OR 1099 SQUARE FEET, MORE OR LESS. 33 34 LEASE AREA 35 A PORTION OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST, 36 ST.LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED 37 AS FOLLOWS: 38 39 COMMENCE AT THE NORTH QUARTER CORNER OF SAID SECTiON 40 31; THENCE SOUTH 00°09'12" WEST, ALONG THE EAST LINE OF SAID 41 SECTION 31, A DISTANCE OF 98.00 FEET TO THE SOUTH RIGHT OF 42 WAY LINE OF ST LUCIE BOULEVARD; THENCE DEPARTING SAID EAST 43 LINE, NORTH 89°48'22" WEST, ALONG SAID SOUTH RIGHT OF WAY 44 LINE, A DISTANCE OF 342.25 FEET; THENCE DEPARTING SAID SOUTH File No.:MNSP 820081508 Resolution No. 09-012 September 11, 2009 Page 5 ~ 1 RIGHT OF WAY LINE, SOUTH 00°09'12" WEST, A DISTANCE OF 766.00 2 FEET; THENCE NORTH 89°48'22" WEST, A DISTANCE OF 54.96 FEET TO 3 THE POINT OF BEGINNING: THENCE SOUTH 00°11'38" WEST, A DISTANCE 4 OF 60.00 FEET; THENCE NORTH 89°48'22" WEST, A DISTANCE OF 120.00 5 FEET; THENCE NORTH 00°11'38" EAST, A DISTANCE OF 60.00 FEET; 6 THENCE SOUTH 89°48'22" EAST, A DISTANCE OF 120.00 FEET TO THE 7 POINT OF BEGINNING. 8 9 CONTAINING 0.1653 ACRES OR 7200 SQUARE FEET, MORE OR LESS. 10 11 Parcel Id: 1431-211-0001-000/2 12 13 Location: South Side of St. Lucie Bivd., approximately 2100 ft east of Keen 14 Road 15 16 C. The approvals granted by this Growth Management Order shall expire on 17 September 11, 2011, unless building pe~rnits are issued or an extension is 18 granted in accordance with the provisions of Section 11.02.06 (B)1 of the St. 19 Lucie County Land Development Code. 20 21 D. The Minor Site Plan approval granted under this Growth Management Order is 22 spec~cally conditioned to the requirement that the petitioner, "P J Development 23 LLC,° including any successors in interest, shall obtain all necessary 24 development permits and construction authorizations frorn the appropriate State 25 and FEderal regulatory authorities including, but not limited to: the United States 26 Army Corps of Engineers, the Florida Department of Environmental Protection, 27 and the South Florida Water Management District, prior to the issuance of any 28 local building permits or authorizations to commence development activities on 29 the property described in Part "B." 30 31 E. A copy of this Order shall be attached to the site plan drawings described in Part 32 "A," and shall be placed on file with the St. Lucie County Growth Management 33 Director and copies mailed, return receipt requested to the developer and agent 34 of record as identified on the site plan applications. 35 36 F. The Cert~cate of Capacity, attached as Exhibit "B," shall be valid for the same 37 period as this order. If this order expires or otherwise terminates, the Certificate 38 of Capacity shall automatically terminate. 39 40 G. The conditions set forth in Part "A" are an integral non-severable part of the site 41 plan approval as granted by this Order. If any condition set forth in this Order is 42 determined to be invalid or unenforceable for any reason and the developer 43 declines to comply voluntarily with that condition, the site plan approval granted 44 by this Order shall become null and void. File No.:MNSP 820081508 Resolution No. 09-012 September 11, 2009 Page 6 1~ H. This order shali be recorded in the Public Records of St. Lucie County. 2 3 ORDER effective the 11th day of September 2009. 4 5 6 , GROWTH MANAGEMENT DIRECTOR ~ ST. LUCIE COUNTY, FLORIDA 8 10 9 . 1~ ~ 11 B 12 M Satterlee, A P 13 14 15 APPROVED AS TO FORM 16 AND CORRECTNESS: 17 18 19 20 21 County A ey 22 23 24 25 2() aa 2$ G:1PlanningWroject FileskSL 2617 Fox Telecommunication Tower \GM Order~Sl 2617 Fox Telecom Tower GM Order 09-012 File No.:MNSP 820081508 Resolution No. 09-012 September 11, 2009 Page 7 ' • lj ' . Z~ ' J a2~=ddt/S ` N ~ ~ ~ ¢ ~ ' Z ~ ~ ¢ d d ~ ~ ~ ~ a ~ ~ L Q~ ~ ~ ~ ~ ~ ~ Z ~ ~ ~ O X O ~ ?~3•1-aNIMSSO~I~ O ~ a2i-aNOWWdH W ~ U' oNp N z u~ ~ ~ J Z cA Z ~ ~N Z } ~ G C W W Q W ~ ~ o ~ ~ Q O ~ N > 421=b31N3~ 0 ~ ~ ~ N Q O Q U ~ ~ ~ a2i-N33~1 ~ (n ~ ~ .J - Attachment B ' . - i~ n E~1611 St Lucie County Certificate of Capacity _ - _ Date 9/11/2009 Certificate No. 2834 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Minor Site Plan Number of units Number of square feet 2. Property legal description ~ Tax ID no. 1431-211-0001-000/2 S. side of St. Lucie Blvd., 2100 fl E Keen Rd SL 2617 Fox Telecom Tower SL 2617 Fox Telecom Tower 3. Approval: Building Resolution No. GM 09-012 Letter 4. Subject to the following conditions for concurrency: Owner's name P J Development Address 7341 Westport Place West Plam Beach FL 33413 6. Certificate Expiration Date 9/11/2011 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 under{ying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. ~ Sign , , Date:9/11/2009 Growth Management Directo~ St Lucie County, Florida Friday, September 11, 2009 Psge 1 of 2 The unit cost for a six-foot concrete sidewalk is $39.22 per sq. yd. plus 10% for mobilization and clearing. 335.275' x 6' = 2011.65 sq-ft 2011.65 / 9 = 223.51 sq-yds 223.51 x 39.22 8, 766.06 8,766.06 x 10% _ $ 9,642.66 Attachment C AGREEMENT TO PAY FEE IN LIEU OF CONSTRUCTIN6 CONCRETE SIDEWALKS THIS A6REEMENT is made nnd entered into this day of 2010 by And between ST. LUCIE COVNTY, FLORI~A, n political subdivision of the State of Florida ("County") and PJ Development, LLC, n Florida limited liubility compnny( Developer N " WITNE55ETH: WHEREAS, Developer intends to construct n pro ject to be known as Fox SL2617 Telecommunicntion Tower (the "Development"); and WHEREAS, the Developer cannot construct concrete sidewniks at the pro ject locntion due to site conditions. WHEREAS, the Developer ogrees to pay to the County, Nine Thousnnd Six Hundred Forty Three dollnrs sixty six cents ($9,64~.66) as payment in lieu of constructing the required concrete sidewniks nt the pro ject location. NOW, THEREFORE, in considerntion of the mutunl promises contnined he~ein, the p4rties covenant and ogree as follows: Within fifteen (15) days from the date of this Agreement, the Developer shull deliver to the County funds in the nmount of 9,642.66 (the "Funds"). The Funds delivered to the County shall be used for design nnd construction of sidewulks nt locntions ns determined by the County. The Funds are nonrefundable. IN WITNE55 WHEREOF, the parties hnve caused this Agreement to be mnde und entered into the day nnd year first nbove written. BOAR~ OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COVNTY, FLORIDA BY: Deputy Clerk Chnirman APPROVED AS TO FORM AND CORRECTNE55: BY: Cou~ty Attarney -1- WITNESSES • . . BY: • Print Nnme: Pnul A. Scott ~y~ Title: Mnncging Pnrtner -2- r ~ ITEM NO. VI - D ~ L ~ - - DATE: 4/20/10 ! , . , . = AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Waite, AICP~ SUBMITTED BY: Planning Division Senior Planner SUBJECT: Development Agreement - Airport Road Development, LLC BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 13, 2006 - The Board approved the Airport Park of Commerce Major Site Plan, through the adoption of Resolution 06-163. RECOMMENDATION: Board authorization to advertise two public hearings before the Board of County Commissioners, as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: (.~j APPROVED ( ) DENIED ( ) OTHER ~ ~ qpproved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Siqnatures County Attorney O ,E-~ County Surveyor O ~G~~ Daniel S. Mclntyre Ron Harris ~'~~j~ ( ) Y~ County Engineer ( ) ERD Michael Powley Karen Smith Originating Dept. ( ) Mark Satterlee ~ ~ ' • ~ • ~ . . BOARD OF COUNTY COMMISSIONERS ~ DVA 10-001 0 AGENDA ITEM Hearing Date: permission to Advertise the VI-D April 20, 2010 Development Agreement for Airport Road Development LLC GM File Number BCC 520081471 DVA 10-001 zonmg Appl%CBnt Airport Road Development, LLC (Airport Park of Commerce) Airport Road Development, p~,~,.~„ ' - , , , LLC ~E~~ ~ ' PaNAM,BLVD ° Mason Simpson, President R~P ~ ~ ~ " _ 3 TAILWNDDR 17360ceanDrive ` - Vero Beach, FL 32963 c~ ' ~E ~ , ~ Propertv Location I ; ' _ , ' 'I ~ cc li St. Lucie Boulevard, approxi- i, ; i : c~ mately 1.5 miles east of ~ Kings Highway. " ~ 5o0n ' ' ~ ~ ~ ~ IL ~ Land Use & Zoninq ~ Future Land Use: IND I (Industrial) ~ ~ I''----- 'X Zoning: IL (Industrial, Light) ~ j StaffRecommendation ~Subjectproperty RS-..R=.~~w~5~~okF~mro«a~~~~, -~a~ N Il - InOUW ul Lq~~ RVP - Recreation~l VMick Park ~ r'"~~ ' ' S00 ft. notifiCa[ion area RMH°s a~,~,e'~i,i.wakNa„c u~uiaaK~ «~H-+~-~+~=~ Board authorization to adver- woa.w~~aM.«nn zo~o tise two public hearings be- fore the Board of County Location: St. Lucie Boulevard, approximately 1.5 miles east of Kings Highway, CommisSioners, as outlined opposite the St. Lucie Couoty International Airport. in the agenda memorandum. Previous Action Project Description required for the Agreement. June 13, 2006- Major Site Plan Approval was granted. Airport Road Development LLC is request- Recommended Board Action ing a Development Agreement that will ex- Proiect Staff tend the Airport Park of Commerce Major Board authorization to advertise two Diana Waite, AICP Site Plan and provide for amended condi- public hearings before the Board of Senior Planner tions and re uirements to address off-site 772-462-2822 q County Commissioners, as outlined roadway impacts. in the agenda memorandum. waited@stlucieco.org The purpose of this request is to allow an Notice Requirements ' extension of time to develop a 32 lot indus- ~N ~ trial subdivision, known as Airport Park of Public hearing notice was placed in IndrioRd p Commerce. Prior to the expiration of the the St. Lucie News Tribune and let- ~ ~ site plan, the applicant submitted a written ters sent to property owners within ~ ~ m~ re uest for a site lan xt i - o q p e ens on. The appli 500 feet of the sub~ect prop~rty. cation included an updated traffic analysis _~StLUae&v 5~'°~"Y ' that identified deficiencies in the level of Public Input Received: " ~ ` service along Kings Highway that would Y ~ N s° require improvements to the road system Suqport Opposed No Oqinion Z 5~ ~ to comply with concurrency management Letters: 0 0 0 0 requirements. The deficiencies are ad- an Ave Oran AVe~ dressed through provisions for a propor- Further details are found in the +P irginiaAv " tionate fair share payment for the required attached memorandum and staff Y ~ A improvements. Two public hearings are report. , . Planning and Development Services _ Planning Division ~ ~ - ~ MEMORANDUM i ~ - ~ TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Directo~ Kara Wood, Planning Manager FROM: Diana Waite, AICP, Senior PlannerQ,~ DATE: April 20, 2010 SUBJECT: Development Agreement - Airport Road Development, LLC ITEM NO. VI - D Backqround: On June 13, 2006, through Resolution No. 06-163, the Board of County Commissioners granted Major Site Plan approval for the project known as Airport Park of Commerce (Attachment A). The Airport Park of Commerce site plan provides for the subdivision of 32 industrial lots on a 37.8-acre parcel located on the south side of St. Lucie Boulevard, approximately 1.5 miles east of Kings Highway, opposite the St. Lucie County International Airport. The property has an IND (Industrial) Future Land Use designation and is zoned IL (Industrial, Light). Prior to the June 13, 2008 expiration date of the site plan, the applicant submitted a written request for a site plan extension stating that prior to entering into a final agreement with FPUA, which required the payment of $299,028, the developer wanted to obtain the requested extension to ensure the project could move forward. The site plan project did not qualify for the extension provided under SB 360 because its expiration date was outside the September 1, 2008 through December 31, 2009 timeframe. As required by the County's site plan extension process and the Adequate Public Facilities provisions, the applicant provided an updated traffic analysis (Attachment B). The analysis identified transportation impacts requiring a proportionate fair share payment to comply with the County's transportation concurrency requirements. To address the identified impacts to County roadways, and extend the expiration date of the site plan, the applicant requested their extension request become a Development Agreement with a five-year term. To obtain the information required to determine the project's proportionate fair share requirements, engineering determinations and plans were developed, and two appraisals of the right-of-way to be donated were conducted. This brought the item for the Board of County Commissioners consideration well past the expiration date of the original site plan. On February 1, 2010, the County's review appraiser, Fuller-Armfield -Wagner Appraiser and Research Inc., approved the value of the right-of-way donation determined by Calloway and Price, Inc. This was the final item required to complete the draft agreement for your consideration. The proposed Development Agreement sets forth the terms and conditions for Airport Road Development, LLC to provide a specified proportionate fair share contribution towards the improvements needed to meet transportation concurrency requirements for the project. The project's proportional fair share cost of the required improvements is $272,351. A portion of this fair share payment will consist of the dedication of a 50-foot right-of-way (1.54 acres) along the projects St. April 6, 2010 Subject: Airport Park of Comrrtierce , Page 2 File No.: BCC 520081417 Lucie Boulevard frontage with a credit value of $167,538. The balance of $104,813 would be due to St. Lucie County prior to platting. The Development Agreement also includes a adjustment to the site plan to limit the lot coverage by buildings within the project to a maximum of 30% rather than the 50% allowed by code. The purpose of the reduction in lot coverage is to limit the current number of trips on the County's roadways by the proposed development. Should the property owners wish to increase the lot coverage in the future the applicant or subsequent lot owners will need to come bac~c to the County to address the additional impacts of any proposed changes at that time. Since the original approval of this project, the applicant has met Condition 1 and 5 of the original resolution and obtained or provided the following items: • The following required regulatory permits have been obtained: - FPFWCD Permit No. 06-001-026 was issued in January 2008. - Environmental Resource Permit from the SFWMD (Permit No. 56-02103-P) was issued on May 14, 2007. • The engineering permit was issued but suspended pending the site plan extension. • The applicant submitted an executed Road Improvement Agreement to the County on April 10, 2007. The proposed Development Agreement provides: • A 5 year term. • Dedication of 50 feet for St. Lucie Boulevard right-of-way along the front of the property (1.54 acres) within 60 days of the agreements effective date. • Extension of the Major Site Plan and Certificate of Capacity for 5 years (LDC Section 11.08.00 allows up to a 10 year term). • Amends the approved site plan to reduce the lot coverage to 30%. • Execution of a Landscaping Improvement Agreement. • Submittal of an annual progress report, and Conditions of approval carried over from the original resolution include: • Execution of a Road Improvement Agreement for the following improvements to St. Lucie Boulevard: - Construction of left and right turn lanes at both entrances to the Project on St. Lucie Boulevard designed to accommodate heavy trucks; - Construction of five-foot bike lanes along both sides of St. Lucie Boulevard; and - Construction of a six-foot sidewalk along 1,340 feet of St. Lucie Boulevard road frontage. • Buildings along St. Lucie Boulevard are required to comply with the County's Architectural Standards as set forth in Section 7.10.24 of the Land Development Code; Staff has reviewed the proposed agreement and determined that it provides the required provisions as set forth in Section 11.08.00 of the St. Lucie County Land Development Code. Recommendation Board authorization to advertise two public hearings before the Board of County Commissioners, as outlined in this agenda memorandum. S = ~ _ - = Environmental Resources • Department . . Companion Report TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Directo~ FROM: Yvette Aiger, Environmental Resources Department Amy Mott, Environmental Regulations Division Manager ~ DATE: April 6, 2010 SUBJECT: Development Agreement - Airport Road Development, LLC Backqround The Environmental Resources Department (ERD) contributed revisions to the draft Development Agreement, including conditions requiring listed species surveys, federal/state permits, a revised landscape plan, detailed lot-level development plans, and landscaping/mitigation Improvement Agreements. Findinqs ERD findings are presented in the ERD Final Report, which has been included in the agenda packet. Recommendations ERD supports the Planning and Development Services' recommendation to grant permission to advertise two public hearings before the Board of County Commissioners. Si nature ~ y ~1~~~~"!~6 °~'~~`~I fE~~' ' • ~ ~ - Y . ~ Environmental Resources ~ Department i ' ~ ' Final Report TO: Diana Waite, Growth Management Department THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Environmental Resources Department Amy Mott, Environmental Regulations Division Manager DATE: March 18, 2010 SUBJECT: Airport Park of Commerce Development Agreement Backqround The applicant proposes to construct a 32-lot industrial subdivision on a 37.85-acre parcel located on the south side of St. Lucie Boulevard, approximately one-half mile west of North 25`h Street. The Major Site P~an was originally approved in June 2006 per Resolution No. 06-163, and was set to expire on June 13, 2008, unless a building permit was issued or an extension was granted in accordance with St. Lucie County Land Development Code (LDC) Section 11.02.06.6.3. Prior to site plan expiration, the applicant requested a site plan extension and subsequently requested the proposed Development Agreement. No conservation easement was required as part of the prior approval. The site is a former sand mine area, mostly vegetated with nuisance, non- native species, with a lake and areas of bare sand. No tree impacts are proposed during development of site infrastructure; tree mitigation within individual lots will be addressed as each lot is developed. St. Lucie County Comprehensive Plan Policy 8.1.12.5 requires listed species surveys in cases where site clearing activities are proposed within the known range of endangered or threatened species or where such species are expected to occur based upon habitat suitability and species' ranges. The subject site lies within a scrub jay habitat and associated habitat buffer as defined by the US Fish and Wildlife Service (FV11S); the site is also suitable for gopher tortoises. Findinqs The Development Agreement includes conditions of approval requiring listed species surveys, federal/state permits, a revised landscape plan, detailed lot-level development plans, and landscaping/mitigation Improvement Agreements. With the incorporation of , , Environmental Resources Department Final Report Airport Park of Commerce Development Agreement March 18, 2010 these conditions of approval, ERD finds that the proposed Development Agreement appropriately addresses environmental issues. Recommendations Staff supports the recommendation of approval of the Airport Park of Commerce Development Agreement. -2- . , DVA- DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA AND AIRPORT ROAD DEVELOPMENT, LLC REGARDING AIRPORT PARK OF COMMERCE MAJOR SITE PLAN THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered as of this day of , 2010, by and between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ("County") and AIRPORT ROAD DEVELOPMENT, LLC, a Florida limited liability company ("Developer") for the purpose of establishing and binding the development rights of the Developer for certain real property located within the unincorporated area of St. Lucie County, Florida as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property"). This Agreement is also entered into by the County and the Developer for the purpose of providing assurances to the Developer that it may proceed with the development of the Property in accordance with existing laws and policies subject to the conditions of this Agreement; and ensuring that this Agreement is in compliance with applicable provisions of Section 163.3220 through 163.3234, Florida Statutes (2009) and the St. Lucie County Comprehensive Plan ("Comp Plan"). RECITALS WHEREAS, County and Developer recognize the following: A. This Agreement is entered in accordance with the Florida Local Government Development Agreement Act, Section 163.3220-163.3242, Fla. Stat. and Section 11.08.00 (Development Agreements) of the St. Lucie County Land Development Code. B. On June 13, 2006, Developer obtained Major Site Plan approval in Resolution No. 06-163 ~the "Resolution") for a 32 lot (individually "Lot", more than one or collectively "Lots") commercial subdivision known as Airport Park of Commerce (the "Project") on approximately 37.85 acres of land located at 4551 St. Lucie Boulevard, approximately 1/s mile west of North 25`~ Street in the IL (Industrial, Light) Zoning District. A copy of the Major Site Plan, as amended in the site plan drawings prepared by Culpepper & Terpening Inc. and date stamped received by the Growth Management Department on December 3, 2008, is attached hereto and incorporated herein as Exhibit "B". Developer is now applying for an extension of the Major Site Plan approval (the "Application"). C. Developer has submitted a letter of autharization to the County signed by the owner of the Property, a copy of which is attached hereto and incorporated herein as Exhibit ~ e ~ "C" ("Agent Authorization Letter") which authorizes the Developer to pursue the Application and to enter into this Agreement. D. In connection with the Application, Developer submitted an updated traffic impact study which identifies the Project's potential traffic impacts on the intersections at Kings Highway and St. Lucie Boulevard, and Kings Highway and Angle Road. Given the Project's unique and exclusive situation of being (1) adjacent to the St. Lucie Intemational Airport, (2) a light industrial park (nonresidential) development, (3) proposed in a time of economic challenge in which light industrial inventory properties are essential to seed economic recovery and create jobs, (4) located in an area zoned for encouraged economic development, (5) previously approved by the Resolution before the implementation of the County's proportionate fair share Ordinance No. 06-047 ("PFS Ordinance"), (6) now before the County for an extension of the approval after the PFS Ordinance was passed, (7) located on the road segment directly leading to, and within approximately a mile of, the impacted intersection at Kings Highway and St. Lucie Boulevard, (8) subject to a newly created proportionate fair share obligation of $272,351.00 to mitigate the Project's traffic impacts, the value of which far exceeds the Project's estimated maximum road impact fees of $129,045.00, and (9) subject also to a donation of an additional 50' of non-site related right-of-way to St. Lucie Boulevard along the front of the Property with a value of $167,538.00, which is also in excess of the estimated maximum road impact fees, the Developer and County have agreed to satisfy the Project's $272,351.00 proportionate fair share obligation by a combination of the $167,538.00 right-of-way donation and $104,813.00 in cash as further provided herein. E. In order to foster comprehensive and sound capital facilities planning and financing, to ensure the provision of adequate public facilities for development concurrent with the impacts of development, to encourage the efficient use of resources, to reduce the economic cost of development, and to afford certainty in the approval of development, County and Developer desire to establish by agreement the terms under which the Property may be developed. F. On , after County publishing notice as required by the County's Land Development Code ("LDC") approximately seven days prior thereto, the first public hearing was held on this Agreement. At least 15 days prior to the opening of the first hearing, County mailed notice of intent to consider this Agreement to all property owners as reflected on the current years' tax roll, lying within 500 feet of the Property as required by the LDC. G. On , County held the second public hearing on this Agreement, after publishing notice as required by the LDC, approximately seven days prior to the second hearing and after announcing at the first public hearing the day, time, and place of such second public hearing, as required by the LDC. NOW, THEREFORE, in consideration of the mutual covenants entered between the parties, and in consideration of the benefits to accrue to each, it is agreed as follows: . , l. Accuracv of Recitals. The above recitals are true and correct. 2. Incorporation of Application Materials. The Major Site Plan approval, as amended, the Application and all submissions by Developer in support of such Application, including all traffic studies, are hereby incorporated by reference into the record of the proceeding conducted by County to review this Agreement and are hereby referred to as the "Application Materials". 3. Mandatory Provisions. a. Legal Description and Owner. An accurate legal description of the Property subject to the terms and conditions of this Agreement is described in the attached Exhibit "A". Indco, LLC, a Florida limited liability company, is the legal owner of the Property. There are no equitable owners, other than the Developer who is under contract to purchase the Property once all the development approvals have been obtained. b. Effective Date and Duration. This Agreement shall be effective on the date of its recording in the public records of St. Lucie County or 30 days after its receipt by the Florida Department of Community Affairs, whichever is later ("Effective Date"). This Agreement shall expire five (5) years after the Effective Date, unless earlier terminated as provided in Section 7 or extended as provided in Section 8. c. Uses, Densities, Intensities, and Hei~ht. Attached hereto and incorporated herein as Exhibit "B" is the Major Site Plan for the Airport Park of Commerce project depicting the proposed areas of development and the development uses permitted on the Property. Development of the Property shall not exceed 32 industriaUcommercial lots, with the maximum lot coverage by buildings on each Lot being voluntarily restricted to 30% rather than the 50% allowed by the LDC, as reflected on the Minor Adjustment to the Major Site Plan that is included in Exhibit "B"; however, Developer or any owner of a Lot may seek adjustment of the Major Site Plan in accordance with Section 11.02.05 of the LDC without amending this Agreement so long as (1) such adjustment does not increase the projected traffic generation for the Project as identified in the applicable traffic studies submitted with the Application Materials; or (2) Developer or the owner of a Lot enters into a separate agreement with County to pay any increase in the Proportionate Fair Share, defined below, 3 } ~ attributable to any increase in the projected traffic generation for the Project that results from any increased density on any particular Lot(s). The maximum height for any commercial/industrial building shall not exceed fifty feet. d. Future Land Use Map Desi n~ ation. The land use designation of the Property under the future land use element of the Comp Plan is IND (Industrial). e. Zonin . The current zoning of the Property is IL (Industrial, Light). £ Site Plan. The Major Site Plan approved on June 13, 2006 in Resolution No. 06-163 and herein amended is attached as Exhibit "B". A Minor Adjustment to Major Site Plan is hereby approved as depicted on the site plan drawings prepared by Culpepper & Terpening Inc., dated December 1, 2005, and last revised on December 1, 2008, and date stamp received by the Growth Management Department on December 3, 2008. The minor adjustment restricts the maximum building coverage from the 50% allowed by the County's Land Development Code to a maximum building coverage of 30%. g. Adequacy of Public Facilities. Adequacy of public facilities is or will be met as follows: i. Drainage: All drainage facilities within the Project have been designed and will be constructed to meet St. Lucie County and South Florida Water Management District ("SFWMD") requirements. Developer has already obtained Fort Pierce Farms Water Control District ("FPFWCD") Permit No. 06-001-026, which was issued in January, 2008, and SFWMD Permit No. 56-02103-P, which was issued on May 14, 2007. ii. Potable Water: Potable water services will be provided by the Ft. Pierce Utilities Authority ("FPUA") pursuant to a Water and Wastewater Supply Agreement (the "FPUA Agreement"). iii. Sanitary Sewer: 4 , , Wastewater treatment services will be provided by the FPUA pursuant to the FPUA Agreement. iv. Solid Waste: Sufficient capacity exists in the St. Lucie Counry Land Fill to service the demands of the Property. v. Parks: Sufficient capacity exists within all required level of service categories for the proposed number of industrial/commercial lots. vi. Mass Transit: There is no current transit route service programmed for the area where the development is located. vii. Roads: At the time of initial Major Site Plan approval, there was sufficient road capacity to serve the Property at the maximum densities and intensities approved in this Agreement, pursuant to the Developer's agreement to dedicate 50' of right-of- way along the project's boundary with St. Lucie Boulevard and to enter into a Road Improvement Agreement for the following improvements to St. Lucie Boulevard pursuant to the plans attached in the Application Materials: (a) Construction of left and right tuin lanes at both entrances to the Project on St. Lucie Boulevard designed to accommodate heavy trucks; (b) Construction in the St. Lucie Boulevard right-of-way of five-foot bike I lanes along both sides of St. Lucie Boulevard2 for t~ie liinit of the project's frontage or the liinit~s of construction, whichever is ~~eater in accordance with St. Lucie County Public Work Standards; and (c) Construction of six-foot sidewalk in the St. Lucie Boulevard right-of- way along the frontage of the Property. Additionally, the Application Materials contain an updated traffic impact study which revealed an existing failure in the level of service for the intersection at Kings Highway and Angle Road and a post-development failure in the level of service for the unsignalized intersection at Kings Highway and St. Lucie Boulevard. The updated traffic study indicates that the intersection at Kings Highway and St. Lucie Boulevard will maintain an acceptable post-development level of service under the condition that the flashing beacons are converted to operate as a fully functional signalized intersection, which FDOT has already completed. The failing condition of the intersection at Kings Highway and Angle 5 completed. The failing condition of the intersection at Kings Highway and Angle Road mandates that the Developer must mitigate the project's traffic concurrency impacts on that intersection. Additionally, the Developer will mitigate the project's traffic concurrency impacts on the intersection at Kings Highway and St. Lucie Boulevard. Developer's proportionate fair share contribution to cover the estimated project costs for the necessary improvements to the two intersections to mitigate the traffic concurrency impacts is Two Hundred Seventy-Two Thousand Three Hundred Fifty-One and No/100 Dollars ($272,351.00) ("Proportionate Fair Share"). The necessary road improvements, however, are not currently included in the County's Five-year Capital Improvements Program. Accordingly, Developer is entering into this Agreement with the County. Pursuant to Section 5.07D.1. of the County's LDC, a developer may satisfy its proportionate fair share obligation by paying private funds or contributing land, or some combination thereof. Developer has chosen to satisfy its Proportionate Fair Share by donating the additional right of way, as specified below, and by paying private funds to satisfy the remaining portion of the Proportionate Fair Share obligation. The donation of the additional right of way in partial satisfaction of the proportionate fair share obligation is permitted because of the unique circumstances described in Recital D. Accordingly, prior to the recording of the final plat associated with the subject project in the County's public records, Developer shall pay the Proportionate Fair Share reduced by the value of the right-of-way dedication specified in Section 3h. of this Agreement (Developer's total payment obligation to satisfy its Proportionate Fair Share is $104,813). Provided that Developer meets the obligations set forth in this Agreement, County agrees that at the density and intensity authorized by this Agreement (1) all mandatory public facilities needed to serve the Property will be available when needed, (2) this Agreement shall serve as a Certificate of Capacity and (3) the proposed development of the Property shall be treated as committed development for the purposes of concurrency. h. Reservation or Dedication of Land. Within 60 days after the Effective Date of this Agreement, Developer shall dedicate fifty (50) feet along its northern boundary for additional right-of-way for St. Lucie Boulevard. The dedication shall be in a form approved by the County Attorney and shall be free and clear of all encumbrances. Developer, or its successors or assigns, shall be entitled to a credit for the value of the right-of-way dedication in the amount of One Hundred Sixty Seven Thousand Five Hundred Thirty Eight and No/100 Dollars ($167,538.00), such credit to be applied against Developer's Proportionate Fair Share pursuant to Section 5.07D.1. and 6. of the County's LDC. Developer may freely assign the aforesaid credit, in whole or in part, to any successor in interest or any one or more of the ultimate owners of any one or more of the Lots. The credit for the right-of-way dedication shall run with the land and may be applied against the Developer's, or its successors' or assigns', proportionate fair share obligation whenever that obligation is due and owing. 6 i. Local Development Permits. The local development permits required for the development of the Property are: (1) Major Site Plan approval, which was obtained on June 13, 2006 in Resolution No. 06-163 (the "Resolution"), as amended herein. The Resolution is hereby modified to delete the requirement in condition Al(b) & Al(c) that the Developer submit sealed constructible final engineering plans to the County's Growth Management Department, since the plans have already been reviewed and approved by the County's Public Works Department. (2) Regulatory Permits - The following regulatory permits are required and have already been obtained: (a) FPFWCD Permit No. 06-001-026 was issued in January, 2008; (b) Environmental Resource Permit from the SFWMD (Permit No. 56-02103-P was issued on May 14, 2007); and (c) a Florida Department of Environmental Protection permit will be required. The need for other regulatory agency permits shall be determined based upon final development plan approval. (3) Final plat approval and recordation of said plat within the public records of St. Lucie County, Florida shall be required prior to the sale of any lots, but in no event later than five years after the Effective Date. (4) Building permits required prior to commencing building construction. (5) A St. Lucie County Vegetation Removal Permit or Exemption shall be required prior to initiation of site clearing/construction. j. Responsibility for Local Development Permits. All local development permits pursued by the Developer shall be obtained at Developer's sole cost. In the event that a required local development permit is not received for the Property, further development of the Property or the improvement for which the permit is required shall not be allowed until such time as County has reviewed the matter and determined whether or not to terminate this Agreement or to modify it in a manner consistent with the Comp Plan. k. Consistency with Comprehensive Plan. County finds that the development of the Property as proposed in this Agreement is consistent with the Comp Plan. 1. Consistency with the Land Development Code. County finds that the development of the Property as proposed in this Agreement is consistent with the LDC. ~ m. Compliance with Other Laws. Failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve Developer of the necessity of complying with the law governing such permitting requirement, condition, term, or restriction. Any matter or thing required to be done under existing County ordinances shall not be otherwise amended, modified, or waived unless such amendment, modification or waiver is expressly provided for in this Agreement with specific reference to the code provision so amended, modified, or waived; unless Developer voluntarily agrees to comply with the amended or modified requirement; or unless County follows the procedures set forth in Section 163.3233, Fla. Stat. for applying subsequently adopted laws and policies. The project must comply with the applicable building code at the time of the application for building permits. Future modifications to the project must be consistent with the County's Land Development Code and the Board reserves the right to impose conditions and requirements as necessary to protect the health, safety and welfare of the public and citizens of St. Lucie County. 4. Environmental Resource Conditions of Approval The Property is located within a scrub jay habitat and buffer as defined by the United States Fish and Wildlife Service ("FWS"), and also contains habitat suitable for gopher tortoises. The habitat for both species has been degraded by past mining operations, however these species are known to utilize degraded habitats. County Comprehensive Plan Policy 8.1.12.5 requires surveys in cases where site clearing activities are proposed within the known range of endangered or threatened species or where such species are expected to occur based upon habitat suitability and species' ranges. Accordingly, the Environmental Resources Department ("ERD") has required, and the Developer has agreed to the following conditions of approval: (a) Priar to issuance of a Vegetation Removal Permit or Exemption, the Developer shall conduct tortoise surveys in accordance with Florida Fish and Wildlife Conservation Commission ("FWC") protocols and scrub jay surveys in accordance with FWS protocols. A report of survey methods and results shall be provided to ERD, FWS and FWC. If federal or state agency compliance requires modification to the approved development plans, the Developer will promptly modify the plans and submit to the County for review and approval as required by the LDC. The Developer will not use the County's development approval to prevent compliance with any federal or state agency requirements. (b) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided the Environmental Resources Department with copies of any required federal and state permits, including but not limited to a South Florida Water Management District Permit. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval as required by the LDC. The s applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. 5. Landscaping The landscaping will be installed as depicted on the approved Major Site Plan, as amended. The Developer acknowledges that all landscaping must be completed in accordance with the applicable provisions of LDC Section 7.09.00. (a) Prior to obtaining a Vegetation Removal Permit or Exemption for each lot, a detailed Development Plan, Tree Mitigation Plan, Landscape Plan, and associated Improvement Agreement shall be submitted to determine compliance with LDC Sections 6.00.05 and 7.09.00. Detailed development plans may include a site plan or building plan for the area proposed for vegetation removal, as required by the LDC. Tree mitigation for all native trees proposed to be removed on the development parcel shall be included and must be approved by the Environmental Resources Department prior to issuance of the Vegetation Removal Permit or Exemption. (b) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an Improvement Agreement acceptable to the Environmental Resources Department (ERD) covering the cost to purchase and install all required landscaping, irrigation, tree mitigation, tree relocation, and related improvements shown in the approved Landscape Plan. A copy of this agreement can be obtained by visiting the St. I Lucie County ERD website at: http://www.stlucieco.org/erd/index.htm. . (c) Prior to issuance of a Vegetation Removal Permit or Exemption, the Developer shall amend the Landscape Plan to include upland buffer plantings per LDC Section 6.02.03(F). 6. Authorization to Develop Property/Extension of Major Site Plan Approval Developer, or its successors or assigns, may proceed to develop the Property for no more than 32 commerciaUindustrial lots and the construction on those lots of commercial/industrial buildings restricted to 30% building lot coverage on each lot, provided such development is in compliance with all other applicable development standards specified in the LDC. Upon the submission of plans meeting technical building code requirements and payment of applicable fees, Developer shall receive any and all applicable permits authorized under the Major Site Plan approval and this Agreement. Notwithstanding the provisions of Chapter XI, Section 11.02.06B.2. of the LDC, the Major Site Plan approval granted in Resolution No. 06-163 on June 13, 2006 as amended herein is hereby extended beyond its initial expiration date of June 13, 2008, for a period of five (5) years from the Effective Date of this Agreement. 7. Impact Fees No building permit shall be issued for development of the Property unless and until any and all impact fees required under then applicable ordinances have been paid by Developer or its assigns 9 for such improvement or applicable credits applied in lieu of payment, with such payment or application of credit to occur at the time the building permit is issued. Nothing in this Agreement shall constitute a waiver by the Developer of its right to apply for road impact fee credits which may be applicable pursuant to the County Code of Ordinances. Developer, or its successors or assigns, shall be entitled to a credit against future road impact fees, as such fees may become due over time, in the amount of the Proportionate Fair Share, but in no event shall the County owe to Developer a refund of any excess of the Proportionate Fair Share amount over any road impact fees due. Developer may freely assign the aforesaid credits, in whole or in part, to any successor in interest or any one or more of the ultimate owners of any one or more of the Lots. The Developer's rights in connection with the impact fee credits specified in this paragraph shall survive the termination of this Agreement. 8. Amendment, Cancellation, Termination. a. Amendment and Cancellation This Agreement may be amended or canceled by mutual consent of the parties. Prior to amending this Agreement, County shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. b. Termination Notwithstanding any other provision of this Agreement, Developer may, at any time through the effective period of this Agreement, and at Developer's sole option, terminate this Agreement. In the event of the termination of this Agreement then the authorization to develop as set forth in Section 4 of this Agreement shall be forfeited, the Certificate of Capacity shall no longer be valid, and any further application for development approval of the Property shall be subject to all applicable standards and regulations in effect at the time the application is filed. This provision shall not affect the right of the County to revoke the Agreement as set out in Paragraphs 10 and 15.B of the Agreement and Sections 11.08.08 and 11.08.09 of the LDC. 9. Term. The term of this Agreement shall be five (5) years from its Effective Date unless earlier terminated as provided in Section 7. This Agreement may be extended by mutual consent of County and the Owner, subject to public hearing in accordance with Section 11.08.02 of the LDC. The term of any one (1) extension shall not exceed five (5) years. 10. Recording Submission to the Florida Department of Community Affairs. Within 14 days after County enters into this Agreement, the Clerk of the County shall record the Agreement in the Public Records of St. Lucie County. A copy of the recorded Agreement shall be submitted to the Florida Department of Community Affairs within 14 days after the Agreement is recorded. If this Agreement is amended, canceled, modified, extended, ar revoked, the Clerk shall have notice of such action recorded in the public io records and such recorded notice shall be submitted to the Florida Department of Community Affairs. 11. Annual Review. In accordance with Section 11.08.08 of the LDC, County's Growth Management Director shall review the development that is subject to this Agreement every 12 months, commencing 12 months after the Effective Date of this Agreement. The purpose of this review shall be to determine whether Developer is in good faith compliance with the terms of this Agreement. County shall begin the review process by giving notice, a minimum of 30 days prior to the anniversary date for the Effective Date of this Agreement, to Developer of its intention to undertake the annual review of this Agreement and of the necessity for the Developer to provide the following: a. An identification of any changes in the plan of development as contained in the Major Site Plan, or in any phasing for the reporting year and for the next year. b. If the Major Site Plan provided for phasing, a summary comparison of development activity proposed and actually conducted for the year. c. Identification of undeveloped tracts of land that have been sold to a separate entity or developer. d. An assessment of the Developer's compliance with each condition of approval set forth in this Agreement. e. Identification of significant local, state and federal permits which have been obtained or which are pending by an agency, type of permit, permit number and puipose of each. Any information required of the Developer during an annual review shall be limited to that necessary to determine the extent to which the Developer is proceeding in good faith to comply with the terms of this Agreement. For each annual review conducted during years 6 through 10 of this Agreement, if applicable, the County shall prepare a written report in accordance with rules promulgated by the State land planning agency. The report shall be submitted to the parties to the Agreement and the State land planning agency. If the County finds on the basis of substantial competent evidence that there has been a failure to comply with the terms of the Agreement, the County, after giving Developer written notice of the alleged non-compliance and a reasonable opportunity to cure same, may revoke or modify the terms of this Agreement. 12. Notices. The parties designate the following persons as representatives to be contacted and to receive all notices regarding this Agreement: ~i For County: County Administrator St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 with a copy to: County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 For Developer: Airport Road Development, LLC Attention: Mason Simpson, President 1736 Ocean Drive Vero Beach, Fl 32963 with copies to: Philippe Jeck, Esq. Jeck, Harris, Raynor & Jones, P.A. 790 Juno Ocean Walk, Suite 600 Juno Beach, FL 33408-1121 13. Successors and Assigns. This Agreement shall be binding upon the parties and their successors and assigns. In the event of assignment of this Agreement, the Developer shall provide notice to: St. Lucie County Administrator 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 St. Lucie County Attorney 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 14. Severability. The invalidity of any provisions hereof shall in no way effect or invalidate the remainder of this Agreement. 15. Home Rule A~reement. If any portion of this 163 Agreement for any reason is held or declared to be voided, the Agreement shall be determined to be a home rule developer agreement. 16. Miscellaneous Provisions. i2 A. Involuntary Revocation of Development Agreement. The Board may revoke this Agreement if the Board determines through its annual review of this Agreement that the terms and conditions of this Agreement, including all amendments or extensions thereto, have not been complied with. Prior to any revocation of this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. At the public hearing(s), the Developer shall be given an opportunity to rebut the determination that the requirements of this Agreement, or any amendments thereto, have not been complied with. If the Board determines that revocation of this Agreement is not necessary, the Board may amend the terms of this Agreement to provide for any reasonable condition necessary to assure compliance with the requirements of this Agreement, and any extensions or amendments thereto. Either party or any aggrieved or adversely affected person may file an action for injunctive relief in the Circuit Court for St. Lucie County to appeal the revocation or amendment of this Agreement. The provisions of this paragraph requiring Board approval of any change in the Site Plan shall survive the revocation of the Agreement. B. Effect of Contrary State or Federal Laws. In the event that any state or federal law is enacted after the execution of this Agreement that is applicable to and precludes the parties from complying with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law. Prior to modifying or revoking this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. C. Enforcement. The Developer, County, any aggrieved or adversely affected person, or the state land planning agency may file an action for injunctive relief in the Circuit Court for St. Lucie County to enforce the terms of this Agreement or to challenge compliance of this Agreement with the provisions of the Act or Section 11.08.00 of the LDC. In the event the Board or the Developer is required to seek enforcement of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of such action, including reasonable attorney's fees. D. Headings. The headings contained in this Agreement are for convenience of reference only and do not limit or otherwise affect in any way the meaning or interpretation of this Agreement. E. Pronouns. In this Agreement, the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural, wherever it appears appropriate from the context. F. Waivers. The failure or delay of any party at any time to require performance by another party of any provision of this Agreement, even if known, will not affect the right of that party to require performance of that provision or to exercise any right, power or remedy, and any waiver by any party of any breach of any provision of this Agreement shall not be construed as a waiver of any continuing or succeeding breach of provisions, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in this case will, of itself, entitle a party to any other or further notice or demand in similar or other circumstances, unless otherwise specified in the Agreement. 13 G. Assignment. This Agreement may be assigned by Developer to its legal representatives and successors-in-interest or assigns, provided that impact fee credits are limited to the property described in Exhibit A. H. Binding Effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns; provided, however, Developer shall have no obligations, duties, responsibilities, or liability under this Agreement if Developer's Project is not approved by County, or if the Project is approved, the Developer requests the County to rescind the resolution approving the Project and the County rescinds the resolution. Such rescission shall not be unreasonably withheld. I. Governing Law; Venue. This Agreement shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. J. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. K. Construction. This Agreement shall be construed as the joint and equal work product of the parties and shall not be construed more or less favorably on account of its preparation. L. Entire Agreement. This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof and supersedes all prior agreements or understandings made in connection with the subject matter. The Development Orders, Development Permits, Certificate of Capacity and conditions thereon pertaining to the Property are lawful government actions, and shall not be construed as agreements. No modification or amendment of this Agreement shall be binding upon the parties unless the same is in writing and signed by the party to be bound. [Rest of page intentionally left blank - signature page follows] ia IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officials as of the day and year first above-written. Signed, sealed, and delivered Airport Road Development, LLC, a Florida in the presence of: limited liability company Print Name By: R. Mason Simpson, President Print Name STATE OF FLORIDA COUNTY OF The forgoing instrument was acknowledged before this _ day of , 2010, by R Mason Simpson, as President of Airport Road Development, LLC, a Florida limited liability company, who is personally known to me or has produced identification. Notary Public, State of Florida Print Name My Commission Expires: For the purposes of demonstrating consent to this Development Agreement, but not as a party to the obligations under this Development Agreement. Signed, sealed, and delivered Indco, LLC, a Florida in the presence of: limited liability company By TBH, LLC, its Managing Member Print Name By: Its: Print Name Is STATE OF FLORIDA COUNTY OF The forgoing instrument was acknowledged before this _ day of , 2010, by R. Mason Simpson, as President of Indco, LLC, a Florida limited liability company, who is personally known to me or has produced identification. Notary Public, State of Florida Print Name My Commission Expires: 16 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA Print Name By: Chairman APPROVED AS TO FORM AND CORRECTNESS Print Name B y: County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE The forgoing instrument was acknowledged before this _ day of , 2010, by , as Chairman of the St. Lucie County Board of County Commissioners, who is personally known to me or has produced identification. Notary Public, State of Florida Print Name My Commission Expires: i~ EXHIB IT "A" LEGAL DESCRIPTION OF AIRPORT PARK OF COMMERCE PROPERTY THE NORTHWEST 1/a OF THE NORTHEAST'/a OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LESS THE NORTH 98 FEET LYING IN ST. LUCIE COUNTY, FLORIDA. ls ~ ~ i I, ~ . i • ' I' _ =^o~l ~i ~ _ ~ ~n fl yy _ 4`- ' l oz~ S b~ ' i,,. 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FL 34982-565= ~e: '~ettez af authnrization fbr l7evelaper ta cnter irsto D~evelapsn~nt Agree~ne~zt Dear 5i, Lucin County ~ersannel: 1n~ico, i.C.C, a Flotida litnifecl liak~ility cc~rnp~i~y ("~)wner"), own:; the 37.85 acres ofland locatecl a#.~SS1 St. LucieBdulevard{"t~roperty"), em which Airy~r~rt Road Devel.opment, LLC, a Florida liruitcd liabi~ity cvmpany i~eveloper"~, I7~.s obiained Major Site Pl~n app~nvai for a 32 Iot commet'cial aubclivis~on known ae Airport Park of Comrncrea DeVeloper ia naw scelcing en extengion ~f t~e ~v[ajar Site ~'lan approval. In counection with thc rt~~eated extension, Developer is sceksng to cnEer fnio a Develo~»nezit A~cmcnt w~ith St, Litcic County ("Couiaty~") in order to establ.isb the Terms w~der wl~ich the Pzoperty,nay be dsvelo~f~rl. Owr~cr .~ereby authQrizes beveloper, tt~rougi~ it~ at~arneys (tbe lavv firm of 7eek. H~rria. Rayuc~r & Jotias, P.A.), lo sui~mit the prnpased De~~~lcipment _A~t~e~ment {~'Agreament"~, to enttc inrv disc~ussions and or negotiacinrts rvith St. Lur,ic County to f~talize th~: A~,~reement, to axeCirte ti~e Agroemani ihereby binding the ~LVClopcr anci ttic County to dcvelop the Pro~scrty in accordance wich the tenns of"tlie Agreemet~t, and ca flo atl 'll~}SCI' 6C~3 qECC53~' lo {II)B.IIZt tbG .~T' ECl't1CTlt. T.~DCO, LLC', a F{rnidu liiuite~ liability c~~npany By; ~ , J"~ ~`-'/'~U t~ ~Z.1~~asoc impsan, Prr;sidcnt 1 ~ _ ~ I Td W~o~~~[~ .~~.~~s•'_ I~, •"r~H ~_t't'b 9~b C~t;'S 1: 'OIJ :~,1'.1~ HJNi~;~ IJQ~dW?5: IJO~~ BCC-520081471 Future ~and Use ~ ~ Airport Road Development, LLC , ~ w , ~ ~ DEANNQ.LN Z ~ ~ ~ ~ PAN AMIBLVD > AMY LN p ~ m ~ ~ T/U Y ~ TAILWIND DR ~ MARGARET-ANN LN = ~ ¦ ~ ~ ~ • CU M R~ • . . . ST-LUCIE BLVD ¦ ¦ ~ ¦ ~ ¦ ~ ¦ ~ • ; COM ~ . ~ . ~ . ~ . . ¦ ¦ 500 ft. ~ ¦ o ¦ ~ ~ ~ ~ a ¦ ~ u¢i ¦ ~ ¦ ~ ¦ ¦ ~ CENTER RD • ¦ ~ ~ ~ i • • ? • ? ~ ? ' ~ ~ ~ ¦ ~ ¦ ¦ ~ ¦ ~ ¦ ~ ¦ ¦ ¦ ¦ ~ ¦ ¦ ~ ~ ~ ¦ ¦ ~ ~ ~ ~ ~ ~ • • IND FPFWMD CANAL I;VONNE;DR ~ U' U RU ~ ~j~ ~ ~ ~ N~ ~ ~ ~L~Z~~~Z Z MATANZAS;AVE ~ ~ ~ ~ ~ U z U z z z z COM - Commercial N Subject parcel IND - Industrial MXD - Mixed Use Development ' ' 500 ft. notification area RU - Residential Urban (5 du/ac) y°""~"`°"`~`"""`D~""""" ti...~ T/U - Transportation/Utilities Map prepared December 2, 2008 BCC-520081471 zoning Airport Road Development, LLC ~ ~ ~ W ~ DEANNALN Z ~ ~ ~ PAN AMIBLVD J AMY-LN p ~ u m ZO U ~ Z Q I TAILWIND DR cn _ ~ _ . IL ~ . . ~ . ~ CG ' • . . ST-LUCIE BWD ¦ ¦ ~ ¦ ~ ¦ ~ ¦ ~ • ; CG CG . . ¦ . ¦ . ; o . ~ ¦ 500 ft. ~ a ~ ¦ ai ~ ~ ¦ ~ ¦ ~ ¦ ~ ¦ ~ ¦ ¦ ~ ¦ CENTER RD ¦ ¦ • • • • ? • IL IL ~X FPFWMD CANAL I;VONNE;DR ~ S S-4 S-4 - ~ _ =L' ~.:?Z~~~Z R - MATANZAS.AVE ~ ~ ~ ~ ? S-4 S Z R-4 Z - - Z R- Z - CG - Commercial General ~ Sub'ect arcel I- Institutional N ~ p IL - Industrial Light ~ ~ ~ ~ ~ IX - Industrial Extraction ~ ~ 500 ft. notification area RMH-5 - Residential Mobile Home y°"'""`°"`'~""""9~°"""" ~ ~ ~ ~ ~ RS-4 - Residential Single Family (4 du/ac) U- Utilities Map prepared December 2, 2008 BCC-520081471 ~ ~ Airport Road Development, LLC ~ -~.5 ~1~~ w, Y ~ .R ~ i...y~A~ ~ ~ r i f ~ ~ . r' 'r~~'.•~ ; I 2 e,4t.~. J4:~^ . ~ ~ 4 ~ . . ~ T,r ' E A.J ^u ie ~ F- ~ ~ ~ y~'~r'~` , ~ ~ ~ ! s ~ t . F- - n ~ t a w - cn DEANNA!.ti~ . c, y~ _ir~ ~j~ t' ~ * ~ . z~ G~~!:~ "z ~~T ~r~"~~~! ~ t ~ ~ ,g,• e ~ ~ ' , ~ . ~ , r~~~ ~-,?i C~ ' U) : ~q u..' _ fi ~;~,,,.p:!F'AfV Ah1 BLVp- ~ ' t. ~ ll 'ar.~v, rJ~ : • _ o ~ ~ ~ - .;i~; ; ; . p: , ° : ' z ' ' ~ c~ ~ i ~ L ~ ~ ~ ~ ~ ~ , .~y.:-`1 ' ~ f~ ' ° ~ . s ~ z ~ ~7i+ ' 'i~ll3 r ~ ~ z ~fi~TA~~I~ ~ _ _ ~ ~~I~~ ~ Y~ . - 1 ~ : D cn V t~ K - r , , I I A Q " , . . . ~ .1l~~ GARETANN LN ; . ~M+~~ ~ _ ~ ~r~~'.~: ,„~r - • -i ~ ~ft~b~ ~ , r ~~~it~k~i° ~ _ . ~ ~ Z~. U . _ _ ~ ~ ~ ~ ~ ~ ~r ,1 ~ ~ .w+~8'r~'".~9 ~ ~ ~ r : ~ , r~ ~ 1'~ # ~ N ~ ~o~ ~ 'i J ~ ~ 'd~ ~[n` 'l~T~ ~ ~~7+~4. ~ : ~ ~ ~y ~ 1 +f ~ r ~ , ...r--.ii.-r-.. '~k - c~++1~,.~1 4. .......,~.+~..=h . ~h.~ .r. i ~ ~ , ~4 ~ ~ . .K.-........ *~rf~.s,.'.~ - , - . a ST LU(;IE B~~C),~~~~ - - 'r..'_.~_, . e ~ ~ , w~ w _ , x- . ~7~ I 1.1 . y ' . '~~~j;~~r ~ t ~ ~ I `~k., _ y. ' T ~ ; _yn `N a't~lt ~ti,:.: ~ ~ :r ` ' a f . _ ~ r' i ' ~~N~y . ~ , ~ 4 . . ~ ~ ~ . . ~ ,`f~tt,~ ~ 1 ~r _ _ r~ u.,~ ~ , ~t . y ` ~ ' ~ , ~ • _ , a • ~ ~ ~ o , , ! .~ti ~ y _ ~ ~ ~r~.1 y ~ ~ ~ i _ ' ' , 50 i ~ „ 0 ft. k k R ~ I ~ ~ ~ ~ - ~ •t; a , •r - u~ b. ~ ~ , ~ ~ _ a g~ ~ ~ ~ ~ ; y x I r , ~l ~ 4 ~ f, ' , Y" t~ ~ , ~ ~ i `t ~ ~ . . ~ x j ~ia i i ~ ;D r f ~ ~ ~ ~ ~ 3 ~ ~ 5~~} ~ if 9~~ ~ ' n ~ . ~ , ` ~ ~ ~ ~ b . ~ ,8'^ r4w ' `~Y ' ~ 1 ~ ' ~ ~Y' ~~~E~~ y -.a?K. 4~, ~ ~ '',fi + ~•1 ~ ''"'+4_ `.s, ~ `Y ,h r, ` .a,,~ ~ > 'd"~ ° i ~ ~ ~ .x' d~, ~ - l ' ~7 ~ ~ , ~ ~ w~ i ~ ~ ti- r „ Y~ ~ r ° ~v ' e~ ~ ' ~ 9 p & ~ # e-, F~ i ~;fi~ . , , f ,5 e T ` ~ P t ~ ' s . 4 ~A_ r ~ ~r.. q r~, : ~~-.~~y~'~' ' ; Y ~ra. ~4~! y ~ i;, - ~ , .n . ~ M ~ }A~~` ~ ~ ,~r ~ik.' ~ ~ ' , . 7'~ 1~ r, , ~ . ` . w ^ ~ , ev,. b. . ~ i . . Y i ~ ~y~ p; y - ~a~ ~ ~ ~ll~ ~{~"i„ . ~ ~~~i1`~ ~ ~'y ~ J~ ' , ~ ~~1.~~. .~w l ~F,_ A~" ~ i , ' ~ ~~y ' ~ y JC„ ~ F-,r ~,Y. ~.f , i~ :P"~ ~ F .r;~ ~~~-1 ~ C~.. ? . , ~y T. ~ ~ 1~~~~ ~ cn ~ ~+c , ! , F. . ~ _ ~ . ~ ~ ~ v~'"~°° n~F.~~...~~„~~~ ~ ~ n ~ _ t ~ ~ I r I ..t !F ~ <r ~ ~F ~ ~ 1 ~ r." ~ . `z ~ z . ~l ~ ~6 ~ ~ < ( ; r~ i " ~ "~'~a~> ~*"'r »y~ ".~`.C~~,a~"~` ~ ~ . Subject parcel N . . ~~uGtfi UDwiwv~ O 500 ft. notification area ~'°~"`~'°~~`"""`D`'°"'""" Map prepared December 2, 2008 I Deanna Givens From: Chris Newman Sent: Tuesday, March 16, 2010 3:10 PM To: Deanna Givens Subject: RE: Bankruptcy and foreclosures No bankruptcy or foreclosure From: Deanna Givens Sent: Tuesday, March 16, 2010 2:40 PM To: Chris Newman Subject: Bankruptcy and foreclosures Can you please check if this property has any bankruptcy and foreclosures. Parcel#143112000000006 Thank you De~nnH Givens Plx»r~ing Technician Growth M~ns~ement (:iventid~~tiHaciecx?.or~; 772-462-6426 Please'~ote: Fforida has very broad publi~ records laws. Most written communications to or from County ofticials regarding County business are pubiic records avaitabie to the public and media upon request. It is the policy of St. Lur.ie County that all Gounty records shall be open fior personal inspection. examination a~d ! or copying. Your e-mai: communica:ions ~vili be subject to public disclosure unless an exemption applies to lhs communication. If you received this emai! in error. please noiify the sender by reply e-maii and delete all maieriais from ali computers. Please Note: Florida has very broad pubiic records laws. Most written communiCations to or irom County otficials regardi;ig County business are public records available to the public and media upon request. It is the policy of St. Lucie County that ali County records shall be open for personal inspection. examination and; or copying. Your e-maii communications wili be subject to pubiic disciosure unless an exemption appfies to the communication. If you rece+ved this emai! in error. piease notify the sender by reply e-mail and delete all materials (rom ali computers. 1 _ , ._t..m ~ Attachment A All epplicetions for Sfte Pian approvnl must be completed end filed with the department before 4:3D PM each bualness dAy to meet applicable filing deedlines. For an application aubmisefon to bc determined complete, ell required materials must be present af the time ot submiseion. Project Information Location/Site Address 4551 St. Lucie Blvd. Site Plan Name Airport Park of Commerce 1431-120-OQ00-040-6 Property Tax ID Number Legal Description (actach extra sheets it piease refer to E~chibit "'A" attached. necessary) Section 31 Township 34 South Range 40 East Parcel Sizs: Acres 37 85 Square Footage 1,b48,746 s.ft. Zoning District IL Land Use IND Classification 32 - lot commercial subdivision situated on 37.85 acres of land. Please refer to Description of Project Exhibit "B" for justification of the extension re~uest. ( ] Residential Number of Residential Units/Subdivided Lofa [ ~ Commercial Total Square Footage Type of Construction {Check all appropriate boxes) [ j Industriat Total Square Footage ( X ] Please specify 32 - lot commercial subdivision 1Vumber and size of outparcels (if applicable) N/A ~ - _ ~ r - r. ~ ~ I ~~.1~ j `,~r , V - 1•-t.: L,;i%~) i~ i ~ ; ~ ` . . . Revised Apri124, 2007 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOVI~ Submission of this application does not constitute the granting of sita plan approval. All appropriate reyuirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie Coun.ty reserves the right to request additiona) information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicani Information (Property Developer) Agent Informstion ' rvame: Airport Road Development, LLC Name: P~ease refer to Exhibit "C" attached Addreas: 1736 Ocean Drive adare.~: ' Vero Beach, FL 32963 ' Phone: 772'231-3131 Fax: 772-231-9229 Phone: Fax: Property Owner Information This applicetion will not be considered complete witliout the notarized signature of nll nropertv ownera of record. which shall serve es an ecknowledgment of the submission of 2his application for site plan approvaE. The property owner's signature below shafl also serve as authorization for the above appl' ent o nt tQ act on behalf of said property owner. ' ~ /'1/~ S / ?'vt ~5,~ 1 P~'~ Indco, LLC Property Owner S' na ure Property Owner Name (Please Print) ;vts~i~nR Aaares8: 1736 Ocean Drive Vero Beach, FL 32963 Phone: 772-231-3131 S'I'ATE OF FLORIDA ~ ~ COUNTY OF ' t~ l._ " , -'b,~`c~C~,U~E~~fl,.~.' The foregoing instrument was acknowledged before me this~[ ' Piqaeci Reviewer!.;: ~ day of , 20 ~ l5 , by iT f~'1 D~.~ Re~±iewt . ~h~ o is personally k'~n wno to me r who has produced Apptoy~i,p~te as identification. ~ommenf3! - ~z~c~ _ _ Signature of Notary ~ - ~ ` 4r. , _ Type or Print Name of Notary ~ Notarv Public Title ~ Commissic~a,~l~tt~~,,,,,~,,.,,,,,,~ .~+Y"r"~•• PA'iFitCIA J. MORGAN {Seal) MY COM~AISS(ON S DD 499841 ;a; EX.pIRES: Dec~mber 15 2Q09 ~`~Fl~(:°' IYyiC~d7hn~NeteryPubikUndemriteia - - w,.~. ~c r'v:r:..a..er~r~we~e.ar~e~ Revised April 24, 2007 Airport Park of Commerce - Site Plan Extension Request , EXHIBIT "A" _ , . . , ~ ~1 . j - t ' ; r•' ~ ; ~f-~ri ~id j~i~ 5 ~ . , . b fl~ r cJ 0 c ci~", ~jp,~ . } ~ , Le~al Descriotion The Northwest 1/4, of the Northeast 1/4 of Section 31, Township 34 South, Range 40 East, LESS the North 98 feet tying in St. Lucie County, Florida. + ' ; v 'r! ~ ; , l ::r ! ; l'. ` , ` _ ....1~....~~. . . i ~7 ~ ? C;~~ ~ ~ ~Li i~ ~~1 ~1 ~ ~ , . , Airport Park of Commerce - Site Plan Extension Request EXHIBIT "B" ~ i-: ~ - ~a r <<~ . ~ ~r~~ r~ ~ 't, t U ~ t=;? ~ r~ ,,,7 i;G'r" e 1rJ;' V ~ ~ ~ ~ t.._ JECK, ~iARRIS, RAYNOR & J~NES, P.A. ~ Attorneys and Counselors at Law Wri[er's Direct Line: (Sb i~ 746- I 344 Ext. 308 Writer's E-Mail Address: ASPERANZWI@JHRJPA.COM Website: VJWW.JHRJPA.COM Apfll 18, 2008 f~eceiv~d ~y St. ~ucie County Growth ~4PR 21 ~00~ Management Department Mark Satterlee, Director , ~~p~h M~nag~~lrt~tlt 2300 Virginia Avenue ~t. PiercC, FL 34982 RE: Airport Park of Commerce - Extension of Major Site Plan Approval Dear Mr. Satterlee This firm represents Airport Road Developrnent, LLC, the Developer of the Airport Park of Commerce projectt which is 32 lot commercial subdivision on 37.85 acres located on the south side of St. Lucie Boulevard, approximately %z mile wes# of North 25'h Street, in the IL (IndustriaE, Light) Zoning District in St. Lucie County (the "Project"). On June 13, 2006, the St. Lucie County Board of County Commissioners ("BOCC') passed Resolution 06-163, granting Major 5ite Plan approval fbr fhe Project. ~ Since that time, the Developer has made substantial progress in advancing the Project. A roadway improvement agreement was submitted in April, 2007, which has been verbally accepted by the County. The water/wastewater plans and a water and wastewater supply agreement have been submitied, and accepted, by the Fort Pierce Utilities Authority ("FPUA"). The Developer is in the process of finalizing the utility agreement with FPUA, which will require Developer to pay $299,028.16 (the Developer is waiting to finalize this agreement until after the BOCC considers the Developer's extension request). On May 14, 2007, the South Florida Water Management District issued its permit #56-02103-P. The Developer has responded to . comments from the Fort Pierce Farms Water Control District and is awaiting the issuance of that permit. On Aprii i0, 2007, Culpepper & Terpening, Inc. submitted four sets of signed ana sealed construction plans and a signed/sealed cost estimate to the County engineer. The construction plans are in the final stages of approval. Additionally, the site has been completely cleared and mostly filled, and the water management tract has been completed to within ten percent of its final configuration. The Developer, however, recently decided to redesign the stormwater management system from a rural swale drainage system to a more urban curb and gutter system. The Project's engineer, Stef Matthes, is in the process of conducting the necessary meetings with County staff to discuss this design change. The Develope~ may decide to make this or other minor design changes to the Project. The remaining regulatory agency approvals cannot be obtained until all design decisians have been made and the final engineering plans have been approved, but the Major Site Plan Approva! expires on June 13, 2008. SUITE G00, 790 JUNO OCEAN WALK, JUNO BEACH, FLORIDA 33408 (SG I j 74G-! 002 FAX: (SG I) 747-41 I 3 (800~ 479-0867 [MARTIN COUN7Y) ' JECK, HARRIS, RAYNOR & JONES, P.A. Mark Satterlee Aprii 18, 2008 Page 2 of 2 Accordingfy, the Developer, pursuant to Section 11.02.06B.2. of the St. Lucie County Land Development Code, requests a twelve (12) month extension of the Major Site Pian Approval, sa that the Developer may have sufficient time to make its fina{ design decisions, revise and secure approval of its final constructible engineering plans and obtain the remaining regulatory approvals. Assuming the BOCC grants the requested extension, the Developer will be in a position to continue to advance this project, including the finalization of the utility agreement with FPUA and the payment of the required $299,028.16, and to secure the necessary permits to begin construction. Please place the Developer's request for an extension an the next available agenda of the BOCC. Of course, if you have any questions, or need any additional information, please give me a call. Thank-you for your assistance in this matter. Very Truly Yours, JECK, HARRIS, RAYNOR 8 JONES, P.A, . ;:.,~i~°"~~l ~~ct.~.~~,Gcr~ Andrew Speranzini, Esq. ` For the Firm Airport Park of Commerce - Site Plan Extension Request EXHIBIT "C" i , ~ t_::~ ,t~ - . . ~ (l , (.C r ;i~-, U U ~~i ~`l l,+ C:. c;C~ t~ ii.«,r k . , . . : 2_.: . A~ent Information ~ Andrew Speranzini, Esquire Philippe Jeck, Esquire Jeck, Harris, Raynor & Jones, P.A. 790 Juno Ocean Walk, Suite 600 Juno Beach, Florida 33408-1121 Phone: (561) 746-1002 Fax: (561)747-4113 Email: asneranzinina,ihr~pa.com tj 1 C.i li w' 1(~lii i l r ~ ~t ; _ ;:z , EOWIN M: FRV, Jr., CLERK aF THE CIRCUIT COURT ' ' • SAINT LUCfE COUAtTY ~ FIIE 1~ 2B1Z~11 08/14/2006 at 03:07 PM ~ OR BOOK 2835 PAGE 't482 -1465 Doc 7ype: RESO RECORDING: S44.G0 1 . . 2 RESOLUTiON NO. 06-163 " 3 , FILE NO.: MJSP-05-011 ~ 4. 5 A RESOLUTION GRANTlNG APPROVAL TO A 6 MAJOR SITE PLAN PROJECT TD BE KNOWN ~ AS AIRPORT PARK OF COMMERCE 8 9 io WHEREAS~ the Board of County Commissioners of-St. Lucie County, Fforida, based on the il testimony and evidence, including but no# fimited to the stat~ report, has made fhe foilowing i2 determinations: 13 ' ~ i4 1. Mason Simason, presented a petition for a Major Site Plan Project, to be known as i~ Airport Park of Commerce, to provid~ for the constructlon of a 32 (ot subdivision, on i6 a 37.85 acre parcel located on the south side of St. Lucie Boulevard, approximatefy i~ one-half~a mile west of Nor#h 25"' Street, in the (Irtdustrial, Light) Zoning District for ~a the property described in Sectaon B. 19 20 2, ' The De.velopmerif Review Cornmittee has reviewed the site~plan for the proposed 21 ~ project and found it to meet al! technical requirements and to be consisten# with the 22 future land use maps of the St. Lucie County Comprehensivs Plan, subject to the z3 eonditions set forth in Part A•of this Resolution, ~ 24 2s 3. The proposed project is consistent with the general purpose, goals, objectives and a6 standards of the St. Lucie County Land Development Code, the St. Lucie County Cornprehensive Plan and the Code of Ordinances of St. Lucie County. 28 z 9 4. The propos~d project will not have an undue adverse effect on adjacent property, the ao ctiaracter of the neighborhood, traffic conditions,. parking, utility facilities, or other si matters affecting the public health, safety and general weffare. ~ ~ 32 . 33 5. Afl reasonable steps have bsen taken to minimiie any adverse effect of the 34 proposed project on the immediate vicinity through building design, site design, - 35 landscaping and screening. 36 3~ 6. The proposed project will be constru~ted, arranged and operated so as not to s e interfere with the development and use of neighboring property, in accordance with 39 applicabfe district regulations. ~ ~ 4D 4 i 7. The proposed project will be served water and sewer services by the Fort Pierce 4 z Utility Authority (FPUA). F+le No.: MJSP-05-019 ' ~ Resolution No. 06-163 June 13, 2006 Page 1 ~ 2 NOW, THEREFORE, BE tT RESOLVED by the Board of County Commissioners of St. Lucie 3 County, Fforida: 4 S A. Pursuant to Section 11.02.45 of the St. Lucie County Land Deveiopment Code, the Major 6 Site Plan to be known as Afrport Park of Commerce, is hereby approved as depicted on ~ the site plan drawings for the project prepared by Thomas Lucido & Associates, PA., dated e 1/12/05, last revised on 9/04/46, and date siamped received by the St. Lucie County Growth 9 Management Director on 5/8/06, for the property described in Section B, subject to the lo following conditions. ii _ ~2 Prior to recording of this resolu#ion and issuance of any permits, a Final 13 Development Order shal! be obtained from the Director of Growth Management, or. 14 designee. • Prior to issuance, of said Development Order the Director of Growth ls Managemen4 shall determine that all eonditions of approval and ~pplicable code ~.6 requirements are satisfied and shall: - i~ - e (a) Obtain comments from the appropriate county staff, legal staff, and other 19 responsible agencies regarding the satisfaction of all appficab{e code 2o requirements and conditions of approval. zi (b} Confer with the County Engineer, Public Works Department, 22 Environmental Resources Department, and Utifities Department to 23 determine #he number of constructible engineering plans that shall be 24 , required to be submitted for review, and the applicant shall, foliowing z5 notification by the Director of Growth Management, submit the required 26 number o# plans to the Depa~tment of Growth Management ~for z ~ processing, distribution, and final action. 2 8 {c) Require that a complete set seaied construc#ible final engineering plans, 2s supporting ca{culations and sunrey data for the site work and offsite s o improvements are approved by the Office of the County Engineer, Public 3 i Works Department, Utilities Department, Enviranmental Resources , 3z Department, Growth Managemenf Department, Fire Department, and 33 any other agency that may be determined by the Director of Growth ~ 4 ~ Management to tie necessarily involved in the review and approval of the ss constructib{e final engineering' plans for the site work and affsite s6 improvements, The determination of whether or not pfans submitted by 3 ~ the applicant constiiute a complete set of constructible plans shall be 3 a made by the departments involved in the plan rev?ew within five business 39 days of the date the plans are received in the Department of Growth 4 o Management. ' 4i (d) Shall evaluate project concurrency, and issue a certificate of concurrency 42 upon his det~rmination that all requirements for concurrency 4a management have been satisfied .in accordance with Chapter 5 of the 44 Coun#y's Land Development Code. No Final Devefopment Order wifl be 4s issued without prior issuance of a Certificate of Capacity. 46 File ~No.: MJSP-05-011 Resolutipn No. 06-163 .lune 13, 2006 Page 2 . . . i ~ 2. Prior to the recording of any Final Plat appraval for the project, the applicanf (aica z Developer), successors, or assigns shail provide certain improvemenfs to roadways s required to address this projects impacts on the County's roadway nehnrork. The 4 Develaper shall enter into a Road Improvement Agreement with St. Lucie County for the 5 proposed improvements to St. Lucie Boulevard. The improvements include; but are not 6 ~ limited to the foliowing: ~ ~ . e (a) Left and right turn lanes designed to accommodate heavy trucks will he 9 required at both project entrances on St. Lucie Blvd. io Zi (b) Five-foot bike lanes shall be constructed and dedicated to St. Lucie County i2 in accordance with ihe St. Lucie County Public Works Standards. 13 i4 ~(c) A six-foot sidewalk shall be constructed along the projecYs property line and is ~ St. Lucie Boulevard right-of-way. 16 i~ (d) Upon conditional acceptance of the construcfed improvements the develaper ia shall enter into a Maintenance Agreement for a period of one year and thirty i9 days. Maintenance Bond shatl be 15% of the cost of construction. zo as (e) If the improvements are to be. bonded, an Enginsers estimate of probable 2a cost, Origin~I~Letter of Credit or Surety Bond, (total surety shall be for 115% 2s of the cost of construction} is required. 24 . zs (f) The applicant shall provide security for the design and construction for 26 signalization of Kings Highway and St. Lucie Boulevard, when warranted. 2~ The appGcant, developer, successor is required to perform a signal warrant ze analysis conforming to FDOT requirements/standards forthe intersection of z9 King's Hwy and St. Lucie Blvd for signalization. The first signal warrant so~ analysis for the Kings Highway and St. Lucie Boulevard intersection shall be 3 i. conducted within 90 cfays of the Board of County Commissioners approval of 3a ihis project or prior to Finaf Pla# Approval, whichever occurs first. If s s signalization is not warranted, the warrant analysis shall be conducted, and 34 submiited to the Growth Management Director, annuallythereafter. Shouid a 3 s ~ signa! be warranted, the deveioper shal! design and construct the signal 3 6 improvements in accordance with FDOT and St. Lucie County requirements. 37 3 8 3. Prior to any Fina! Plat approval for this project, the devefopers shall be required 39 to convey to St. Lucie County, in manner and form acceptable to the St. Lucie 4 o County Attorney, 50 foot of additional right-of-way along the site plan's northem 4 i property line for the future widening of St. Lucie Boulevard. " ~a 43 44 4. Prior ta the Final Plat approval, the developer, or his assigns, shall provide an 4s executed copy of a fina! utility service agresment with Ft. Pierce Utility Authority, 46 indicating all developer obligations, including schedufes associated with .servicing File No.: MJSP-05-011 Resolution No. 06-163 June 13, 2006 Page 3 1 this site. 2 3 5. The irrigation system within this project shaU be designed to accept reuse water from 4 the Fort Pierce Utilities Authori#y; or other dufy recognized utility authority or district, s . as the preferred method_of irrigation. 6 ~ 7 6. Prior to recording of the plat, elevations and drawings demonstrating that the a projects signage complies with the Sf. Lucie County Architectural Standards as set 9 forth in Section 7.10.23 of the Land Develapment is required, io . ~1 7. Lof 1, and Lots, 22 thru 28 shall comply with the St. Lucie County Architecfural ~2 Standards as set forth in Section 7.10.23 of the Land Development. The property 13 owner's association documents shall include fanguage regarding #his requErement for 14 #he specified lots. A copy of the property owner's' association covenants and l s restrictions shall be submitted ta and approved by the Growth Management Director 16 pr(or to recording of the plat for this project. i~ 18 i9 B. The property on which this Major Site Plan approval is being granted is described as follows: 20 _ 21 The Not#hwest 1/4, of the Northeast'/, of Section 31, Township 34 a2 South, Range 40 East, Less the North 98 Feet lying in St. Lucie 23 County Florida. - . . . 24 2s (Tax fD#: 1431-124-0000-0006) 26 . za (Location: South Side of St. Lucie Boulevard, approximately %2 mile • 2 e west af North 25'h) 29 30 3 i C. This Major Site Plan sha11 expire on June 13, 2008, unless a building perrnit is issued or an 3z extension is granted in accordance with Section 11.02,06(B) (3), St. Lucie County 33 Development Code. • ~ 34 35 36 D. The Ma~or Site Plan granted under this Resalution is specifically conditioned to the 3~ requirement that the petitioner, Mason Simpson, including any successors in inte~est, shall a e obtain a~l nacessary development permits and construction auth~riza#ions from the 3 9 appropriate State and Federal regulatory authorities, including but not limited to: the United 4o States Army Corps of Engineers, the Fiorida Department of Environmental Protection, and ~1 the South Florida Water Management District, .prior to the issuance of any local building 42 permits of authorizations to commence development activities on the property described in 4a Part B. ~ 44 g5 4 6 E. This Resolution shafl take effect upon the date the Director of Growth Management issues a 4~ Certificate of Capacity, which shall be attached to the resolution as Exhibit A. File No.: MJSP-05-011 Resolution No. 06-163 + June 13, 20Q6 Page 4 I ~ 2 ~ 2 F. A copy of this resolution shall be attached to the site plan drawings described in Section A, a which plan shall be placed on file with the St. Lucie County Growth Management Director. 4 5 . . 6 After motion and second, the vote on thls resolution was as follows: ~ ~ e Chairman Doug Coward AYE 9 io Vice-Chairman Chris Craft AYE li ~ _ 12 Commissioner Paula Lewis AYE 13 14 Commissioner Frannie Hutchinson AYE 15 " , 16 Commissioner Joe Smith AYE l~ . 18 19 PASSED AND DULY ADOPTED this 1~th Day of June 2006. ~o a1 BOARD OF COUNTY COMMISSION~RS z2 , ST. LUCIE COUNTY, FLORIDA 23 2 4 . ;Y-~ 25 ~a~~h zb ; ~ -l.. BY: ~ 2~ - r'` . Chair an 2 8 , 2 9 ' ` ~~t~ = :~:z`. 30 ' ~rt~ H~ t=.* x q ~wa: ' ~5'.9~~ ~ ~ . ~ ~t,f;:z. ~ 3i ATTE'ST: ~ ;.5~,_ APPROVED AS TO FORM - 32 ;;;.s;;` Y-'~=:~.;.Y:<~'" AND COf~RECTNESS: r;~~.~k~ ~ty~ 4: jy~~;. ttti . ~ . . •r ! ~i? r ~ r - . . 3 3 . . . r 1 a Z ~ . , r- t~. 34 ~ t ~.,;~~c,~:. 3:5 ~ ~ ; , °~'i, t;~=:'~ l'~ F~~" ~ _ . = ~ 4, w!`..'~y ei~~~r1~s •t 3 6 ~ . ' ~ s". 'Y s`~'S~ a•.. '~:1'-~ : s ir~:~ y 3~ UTY CLERK COU TY ATTO N.k . •,"eat~°;"~~'' ~ •~,.y,TvF; . . . . j i ; ~ ~ . ~ y~~.M , . . ~-.y~'.:~ a ~~3~. r~ i{~~ 5:~~~. ~~~t . ;$~f F Fife No.: MJSP-05-011 - ~ Resolution No. 06-163 June 13, 2006 Page 5 ~ ~ AIRPORT PARK OF COMMERCE SITE PLAN CONDITIONS RESOLUTION NO. 06-163 PASSED ON JUNE 13, 2006 Below is a list of the conditions of approval contained in Resolution No. 06-163, which was passed on June 13, 2006, approving the Major Site Plan for Airport Park of Commerce, along with a brief status update for each of the conditions of approval. LEGEND Resolution No. 06-163 RES Jeck, Harris, Ra nor & Jones, P.A. JHRJ Culpe er & Terpenin , Inc. CTI Thomas Lucido & Associates, P.A. TLA RES Requirements Status Update A permit from the Fort Pierce Farms Water The permit for the project was approved by the Control District (FPFWCD) is required to be FPFWCD Board of Supervisors on October 8, 2007 and obtained together with approval from the Permit No. 06-001-026 was issued in January 2008. FPFWCD Board of Supervisors (this requirement was contained in the Staff Memo, under Standards for Site Plan Review, but was not re eated in the RES . RES/A1 Final Development Order must be obtained The Director wili not issue the Final Development Order from the Director of Growth Management or until all of the conditions are satisfied. designee (prior to recording the Resolution and issuance of an ermits . RES/A1( Confer with the County Engineer, the Public On April 10, 2007, CTI submitted 4 sets of b) Works Department, Environmental Resources signed/sealed construction plans and a signed/sealed Department, and Utilities Department to cost estimate to the assistant County engineer, Craig determine the number of constructible Hauschild. All of the staff comments for the engineering plans required for review. infrastructure have been satisfied to date and only the St. Lucie County Stormwater Permit application is lackin full Count a roval. RES/A1( Submit to the Department of Growth See above comments. The plans have been submitted b) & Management the required number of complete and approved for the infrastructure design and a St. A1(c) sets of sealed constructible final Lucie County Stormwater Permit will be applied for now engineering plans, supporting calculations that the SFWMD and FPFWCD permits are in hand. and survey data for the site work and offsite improvements so that said plans can be distributed to: Office of the County Engineer; Public Works Department; Utilities Department; Environmental Resources Department; Growth Management Department; Fire Department; and any other agency re uired b the Growth Mana ement Director. RES/A1( Growth Management shall evaluate project The developer satisfied concurrency requirements in d) concurrency in conformance with Chapter 5 of connection with the initial site plan submittal. The the Land Development Code and issue developer recently submitted a revised traffic impact Certificate of Concurrency and Certificate of study in connection with the extension request and is Capacity to evidence satisfaction of all working with County staff to satisfy all concurrency re uirements for concurrenc mana ement. issues. RES/A2 Prior to recordin of the Final Plat, the The Roadwa Im rovement A reement was submitted RES Re uirements Status Update a) Developer shall enter into a Road on April 10, 2007. The County has verbally accepted (b)(c) Improvement Agreement with St. Lucie the Agreement. The technical aspects are all squared County for the proposed improvements to St. away. The developer will have to eventually post a Lucie Boulevard, including, but not limited to: bond to cover the costs of the improvements, at a date (a) Construction of left and right turn lanes at yet to be decided. both entrances on St. Lucie Boulevard designed to accommodate heavy trucks. (b) Construction and dedication of five-foot bike lanes to St. Lucie County constructed in accordance with St. Lucie County Public Works Standards. (c) Construction of six-foot sidewalk along the projecYs property line and St. Lucie Boulevard ri ht-of-wa RES/AZ( Upon conditional acceptance of the These provisions are in the Roadway Improvement d) constructed improvements, Developer shall Agreement. enter into a Maintenance Agreement for a period of one year and thirty days and shall obtain a Maintenance Bond equal to 15% of the cost of construction. RES/A2( If the improvements are to be bonded, then the Assuming all other conditions of approval have been e) following will be required: (i) Engineer's satisfied, the developer should be able to obtain the estimate of probable cost; and (ii) original Letter of Credit or surety bond relatively quickly, Letter of Credit or Surety Bond (in the probably within a couple of weeks. amount of 115% of the cost of construction . RES/A2(f Developer shall provide security for the design The developer agreed to this condition. The FDOT has ) and construction for signalization of Kings recently installed the mast arms for the signalization Highway and St. Lucie Boulevard, when improvements at the intersection which is currently in warranted. The first signal warrant analysis flash mode. for the intersection shall be conducted within 90 days of the Board of County The signal can be activated for full function as soon as Commissioners approval of the project or prior the County considers warrants to be met. to Final Plat approval, whichever occurs first. If signalization is not required, the signal warrant analysis shall be conducted and submitted to the Growth Management Director annually thereafter. When a signal is warranted, the Developer shall design and construct the signal improvements in accordance with FDOT and St. Lucie County re uirements. RES/A3 Prior to Final Plat approval, Developer shall The additional 50' r-o-w is included in the Plat, and will convey to St. Lucie County, the 50-foot of be conveyed upon recording of plat or at an alternative additional right-of-way along the site plan's time to be agreed upon between the County and the northern ro ert line. Develo er. RES/A4 Prior to Final Plat Approval, provide an The utility service agreement has been reviewed and executed copy of a final utility service accepted by FPUA. The developer is waiting to finalize agreement with Ft. Pierce Utilities Authority, the agreement and pay the applicable fees (about indicating all developer obligations, including $300,000) until agreements have been reached on all schedules associated with servicing the other issues and the developer has been granted the ro~ect. re uested extension. 2 RES Re uirements Status Update RES/A5 irrigation system shall be designed to accept The project does not have an irrigation system at this reuse water from the Fort Pierce Utilities point. Typically, the detailed irrigation plans are not Authority. submitted untii construction commences. When the plans are prepared, the Developer will design the irrigation system to accept reuse water, assuming it is available alon St. Lucie Blvd. RES/A6 Prior to recording of the Plat, elevations and The elevations and drawings can be prepared quickly drawings demonstrating that the projecYs and will be completed prior to recording the Plat. signage complies with the St. Lucie County Architectural Standards as set forth in Section 7.10.23 (should be 7.10.24) of the Land Develo ment Code. RES/A7 Lot 1 and Lots 22 through 28 shall comply with The developer agrees to this condition. The condition the St. Lucie County Architectural Standards should be checked when plans come in for each lot. as set forth in Section 7.10.23 of the Land Development Code. (this is a typo; should be 7.10.24 RES/A7 The property owner's association The developer agrees to this condition. The property documents shall include language regarding owner's association documents have already been this requirement for the specified lots. A copy prepared and include the applicable language. The of the property owner's association documents will be submitted for approval prior to covenants and restrictions shall be recording the plat. submitted to and approved by the Growth Management Director prior to recording of the Plat. RES/C Major Site Plan shall expire on June 13, The developer filed an application for site plan 2008, unless a building permit is issued or an extension within the allotted time, pursuant to Section extension is granted in accordance with 11.02.06(B)(3) of the Code. Section 11.02.06(B)(3), St. Lucie County Develo ment Code. RES/D Prior to the issuance of building permits or SFWMD Permit No. 56-02103-P was issued on May 14, authorization to commence development 2007. CTI has received notice that no ACOE permit will activities, all necessary development permits be needed. FPFWCD Permit No. 06-001-026 was and construction authorizations shall be issued in January, 2008. The DEP permit cannot be obtained from: State and Federal regulatory processed until the developer has an accepted utility authorities; the United States Army Corps of agreement. Once the developer has the finalized utility Engineers, the Florida Department of agreement, it usually takes about 30 days to get the Environmental Protection, and the South DEP permit. Florida Water Mana ement District. 3 AIRPORT ROAD DEVELOPMENT, INC. EXTENSION REQUEST AND DEVELOPMENT AGREEMENT FILE NO. BCC 520081471 ITEMIZATION OF BENEFITS TO COUNTY December 9, 2009 1. Addition of tax base to County of 32 commercial/light industrial lots in place of cuirently fallow, vacant land 2. Creating inventory of useable commercial/light industrial space near the St. Lucie International Airport to help support commercial development and jobs in the County. 3. Devoting private resources to build infrastructure within the industrial park to accommodate the lots 4. Investing in the future of the County at a time of extreme economic challenges in the country that have been felt even more deeply in the county. 5. Agreement to limit density from 50% lot coverage allowed by the LDC to 30%. 6. Road Improvement Agreement for the following improvements to St. Lucie Boulevard pursuant to the plans attached in the Application Materials: a. Construction of left and right turn lanes at both entrances to the Project on St. Lucie Boulevard designed to accommodate heavy trucks b. Construction in the St. Lucie Boulevard right-of-way and dedication of five-foot bike lanes to St. Lucie County constructed in accordance with St. Lucie County Public Work Standards along both sides of St. Lucie Boulevard along the frontage of the Property c. Construction of six-foot sidewalk in the St. Lucie Boulevard right-of-way along the frontage of the Property 7. The Developer submitted sealed constructible final engineering plans to the County's Growth Management Department, which plans have already been reviewed and approved by the County's Public Works Department 8. The following regulatory permits are required and have already been obtained: (a) FPFWCD Permit No. 06-001-026 was issued in January, 2008; and (b) Environmental Resource Permit from the SFWMD (Permit No. 56-02103-P was issued on May 14, 2007) 9. Because of the need for an extension of the original Site Plan approval, the County has the opportunity to require all of the additional contributions in the proposed Development Agreement, which add value to the County over and above the requirement in the original approval including: a. A newly created proportionate fair share obligation of $272,351.00 to mitigate the Project's traffic impacts. b. Road Impact fees of $129,045.00 c. Donation of 50' of non-site related right-of-way to St. Lucie Boulevard along the front of the Property ~ Attachment B i ; ~ TRAFFIC IMPACT STUDY For Airport Park of Commerce ~ ~ St. Lucie County Prepared for ; Airport Road Development, LLC. F f i Prepared By Culpepper & Terpening, Inc. ; 2980 South 25th Street ~ Ft. Pierce, FL 34981 , , October 2005 i (Updated October 2008) , ~ i ~L ' i Stefan K. Matt s P. . Florida Reg. No. 723 ~ • Airport Pazk of Commerce -Traffic Impact Smdy Table of Contents Table of Contents 1 Project Description 2 Project Description 2 Study Methodolog5' 4 Trip Generation 11 Trip Distribution 12 Capacity Malysis 14 Conclusion . . . . . . 2 5 References 26 Appendix A 27 Appendix B 45 APPendix C 62 Airport Pazk of Commerce - Traffic L'pdate - 04-141 TIS Page 1 Airport Pazk of Commerce -Traffic Impact Stud~~ Project Description The proposed project, Airport Park of Commerce, is located along the south side of St. Lucie Boulevard across from Hammond Road. The project is located in St Lucie Counry, Florida (See Figure No. 1, Location Map). The site contains approximately 37.85 acres of Light Industrial zoned propertv and is located in Secrion 31, Township 34 South, Range 40 East, St. Lucie County, Florida. The proposed development will result in a 32 lot industrial subdivision. Acces~ to the site shall be on St Lucie Boulevard at two locations. This report w-ill analyze the project with respect to the maxirnum potential development in accordance with the St. Lucie Counry Deaelopment Codes. The Industrial Zoning Code allows for a maxunum building coverage of 50% of the lot area. The total area encompassed by the 32 lots is 18.99 acres of land. At 30% coverage, at total of 5.697 acres can be developed as building, or a total of 248,165 square feet. In developing the Scope and Methodology of this report, it was determined that the impacts of project development will be analyzed in the 2010 build-out condition. Airport Park of Commerce - Tiaffic Update - 04-147 TIS Page 2 Airport Pazk of Commerce -Traffic Impact Study s~ a e~` ~ ~ ' .-y ~f ~ , ~i , - , ~ , Z a . i.;i"€ i'_' i ~ ~ '.u O t'("~^ V Z ~ i - i 2 ~ ~ sF. uac tawn ~ ' ~7 y , , ~ : SITE : 31~ _ ~ , ; , ~ . ~ , ; ; - . ~ ~ _ \ ~ ~ - _ w,_ , ~ ~ w L .,~.~.r~..~..7 ~ A~. ~ . ~ ~ ~ ~ f ~ ~ ti.~~ m ~ 7 ' .~-.-..u „ : , . . . , . , e'„ : ; : ~ . , : . N. ~ + : . v ..s . , ; " . -w- . , : : - ~ ~ : ~ ~4 a. "%a.. , - . - - t . `r:;= _ t; - ~ :t ~ - _ ~ : : : : - : ~ - . ~ ~ y " " 3 3+ _ ~ . ~ ~ , f . . . . < " _ ,..qf ~ ~ " ~ s-as-os FiGi1RE 1 04-741 7RA~ CULPEPPER & TERPENINI3, lNC. A~~~RT P~K CONBULT~ND CMGIN[E0.C'tANO 6URVCYOAS Ori Cp~g~l 1950 SOVfif 25V1 SifEET tOLi' PI~tCf. iLOROA ~{9S! (7)21 464-3537 LUCATtON l[AP n.n v esa~e~ sww v wv~aw. e.wanc rno.nna~ .n .s Airport Park of Commerce - Traffic Update - 04-141 TIS Page 3 Airport Park of Commerce -Traffic Impact Study Study Methodology Secuon A- Definition of Study Area The study area, as defined by the St. Lucie County- Land Development Code, Section 11.02.09.9(B) shall be a 2 mile radius of the site which includes all major roadways and intersections urithin the zone of influence. The study area for this report is as represented in Figure 1 and includes the following intersections: • liS Highway No. 1 and St. Lucie Blvd • 25~' Street and St. Lucie Blvd • Iiings Highway and St. Lucie Blvd • Kings Highway and Indrio Road • Kings Highway and Angle Road Section B- Inventory of Existing Facilities Roadways: St. Lucie Blvd (CR 6081 The portion of St. Lucie Blvd located in the studv area consists of a 2-lane undivided rural roadway section containing one (1) 12' lane eastbound and one (1) 12' lane westbound. The existing right-oi- way of St. Lucie Blvd within the study area is 80' in width. The St. Lucie Blvd Corridor is classified as a Tu~o-Way Class I- Interrupted Flow Arterial and is under the jurisdiction of St Lucie Counry. St. Lucie Blvd currently operates at a LOS C which is based upon the Average Dail~~ Volume as provided by in the St. Lucie Urban Area Transportation Planning Organization Fall 2006 Traffic Counts, applied to the generalized daily Level of Service ma~mum volumes for the Florida FDOT 2002 Qualiry / Level of Service Handbook as shown on Table 4-1. North 25~h Street The North 25th Street Corridor within the defined study area consists of a 4-lane divided roadway section containing two (2) 12' lanes northbound and two (2) 12' lanes southbound. The e~sting right-of-~z-ay of INorth 25~h Street is 80' in width. This corridor is classified as a State Two-Way Class I- Interrupted Flow Arterial and is under the jurisdiction of the FDOT. North 25~' street currently operates at a LOS B based upon the Average Daily Volume applied to the generalized daily Level of Service maxirr~um volumes for the Florida FDOT 2002 Qualiry / Level of Service Handbook as shown on Table 4-1 and upon the Fall 2006 Traffic Volumes as established by the St. Lucie Urban Area TPO. Airport Park of Commerce - Traffic lipdate - 04-141 TIS Page 4 Aiiport Park of Commerce -Traffic Impact Study Kin~s HighwaT The Kings Highway Corridor within the defined study area consists of a 2-lane undivided roadway section containing one (1) 12' lane northbound and one (1) 12' lane southbound. Additional right and left tum lanes are located at its intersecuon with Orange Avenue. The e~sting right-of-way of Kings Highway is 50' to 75' in width. The State FDOT has recently completed capacity improvements to this link of the roadway in the form of enhanced shoulder construcuon. This corridor is classified as a State Two-Way Class I Arterial and is under the jurisdiction of the St. Lucie County. Kings Highway currently operates at a LOS D north and south of St. Lucie Boulevard, based upon the Average Daily Volume as provided in the St. Lucie Urban Area Transportation Planning Organizauon Fall 2006 Traffic Counts, applied to the generalized daily Level of Service maximum volumes for the Florida FDOT 2002 Quality / Level of Service Handbook as shown on Table 4-1. US Highwav No. 1(SR 41 The portion of US Highway No. 1 located in the study area consists of a 4-lane divided roadway section contairung two (2) 12' lanes in both the north and southbound directions. The e~usting right- of-way of North US No. i within the study area varies from 120' to 150' in width. The US Highway No. 1 Corridor is classified as a State-Two Way Arterial - Interrupted Flow Class I and is under the jurisdicuon of FDOT. US Highway No. 1 currently operates at a LOS B based upon the Average Daily Volume as provided in the St. Lucie Urban Area Transportation Planning Organization Fall 2006 Traffic Counts, applied to the generalized daily Level of Service maximum volumes for the Florida FDOT 2002 Qualiry / Level of Service Handbook as shown on Table 4-1. Airport Pazk of Commerce - Tzaffic Update - 04-141 TIS Page 5 !lirport Park of Commerce -Traffic Impact Study Intersections: US Highway No 1 and St. Lucie Blvd This intersection is a signalized intersecuon. 'Tl~e intersection geometry is as follows: Northbound 1 Lane Left Southbound 1 Lane Left 2 Lanes Thru 2 Lanes Thru 1 Lane Right 1 Lane Right Eastbound 1 Lane Left/Thru Westbound 1 Lane Lt/Thru/Rt 1 Lane Right North 25th Street and St. Lucie Blvd This intersection is a signalized intersecuon. The intersection geometry is as tollows: Northbound 1 Lane Left Southbound 1 Lane Left 2 Lanes Thru 2 Lanes Thru 1 Lane Right 1 Lane Right Eastbound 1 Lane Left ~X~estbound 1 Lane Left 1 Lane Thru/Right 1 Lane Thru/Right Kin~s Highu~ay and St. Lucie Blvd As a result of the recent safety improvements made along the King.r Highway Comdor, the intersection St. Lucie Bouleeard and North Kings Highway has had a mast arm install?ed to replace the previous span wire warning beacons. The intersection is still serviced only with flashing warning beacons, with St. Lucie Boulevard being treated as the minor street, and its traffic is required to stop as they approach the intersection. North Kings Highway uaffic remains unrestricted. The e~sting intersection geometry- is as follows: ~Iorthbound 1 Lane Left Southbound 1 Lane Left 1 Lane Thru/Right 1 Lane Thru/Right Eastbound 1 Lane Lt/ Thru/Rt ~Xlestbound 1 Lane Left 1 Lane Thru/Right Kings Highwav and Indrio Road This intersection is a signalized intersection. The intersection geometry is as follows: Northbound 1 Lane Left Southbound 1 Lane Left 1 Lane Thru/Right 1 Lane Thru/Right Eastbound 1 Lane Left Westbound 1 Lane Lefr 1 Lane Thru 1 Lane Thru 1 Lane Right 1 Lane Right ILings Highwa~~ and Angle Road This intersection is a signalized intersecuon. The intersection geometry is as tollows: Northbound 1 Lane Left/Thru Southbound 1 Lane Lt/Thru/Rt 1 Lane Right Eastbound 1 Lane Left Westbound 1 Lane Left 1 Lane Thru/Right 1 Lane Thru/Right Airport Park of Commerce - Traffic Update - 04-141 TIS Page 6 Airport Park of Commerce -Traffic Impact Study TABLE d - l GENERAUZED ANNUAL AVERAGE DAiLY VGLUMES FOR FLORIDA'S URBANIZED AREAS` r~~rEaa: rrta~ n.nw-snca~r:.zs raxrcrA~-s t~,:~e~,ri,r..~cY in~a~~.:~.rr~-s,a.ng~.=nu.u~~n :.xrxx C~~ri.^x<: :ti (i U I~t-cl of ~n-vr . t.niri.~~: :,~.Mk! .•,~~iit 1;.blti f£~.(+.5[I "rr~h1 J.m:t, d k C 6 I)i.u:rd G,~t~t; 3:.[t00 :?ti(Kr 6i.At~~.~ 't3.2i'at) ~_;Ati1 i~a,eflt~ :?tlti t"~.ItH.~ ',..60ii H l+ L1itii~?et il,3Uli AV.<A(1 `!1.(:13i.1 q:'~J11 7Cli.-:U6 6 3(~.4V3 b1..1471! ~±31lb 1(33(>L~Q 13<alK,~ S~'I'AIF~-Il~'C/•H;~1'4Rl'fi,ltl~l~ F :.4o;it} &?.."i(~ 1i~.iiN ]si,~~SG 1~A.LN~; Lt~>s ! 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'-ti ~ , . ~ si C~tirr~u^srs'u-crR ~ .AR7~YJt1+1L~`~CTRSI~AT~Rt)AD\;C41AW1'5't'11.Ed<7~S ~a~#ce3+<r<au.tene~iw h~~; L=[l-II.~U?r'U'It'CISLI> Tsxl efSe~c~iic t~laer rrtrrnannd'tn~.•nF~.nne~b} tlss aca;a^~ae3;ar,ti ~SAi,µ(kl~,li:a'a~ ~ ~ l. fl ~ iy _=E; =.;u s~, E~~;r3 tr~r ~,i~r~, i.t;::.,>u;~t',.nE~.. f~i i:n~ ` ' SSU E 6~~L~ 7~=[f I t?rrH;u: Y:s ''"x Se:ver. FY~?as:a.taec~auvanitc+t"Frasvaortauur. 6?i~iB] 1 t~nr~a:^trsr. 4s -hr°6 4}~.±+emn f'tar.rs:.g CNCi~e t#~~~Lti C.vc~v~rc l'ea . l,41i !-i;.'rr`.u=TC ~tFx3. A~iS 4U M'.;Itt 1:15Akv'i~k[ \a lalls:Y.a..sse PI ;:::~ya~'•u 1•[Q~;~:ttRll~~l_Ih5'1f3fl' ~ Ml~~U1SP]S ?M~P[rtk4~rP 1Sr~?Qti"-.`.~.~'~.Nl ~i?~t'.S{'I~IS~t`.~(.~_~Q~ . • ~~:bJGiic c:(a:CM1PVI~~.u' : \'V~ {~T <~!i~.... '11~:~ ~ ~ .s.:d. .b~wr ~.Gxt;rxn:r:au~~t+Pi`~a . :.Tb....r~.~r m.4:-F~~:~d. ..+h~..bw .,.F ~ p'~..ea ~p¢A:a~ ~f~lnV+: m, r.rt9..ryia-r. t.rcltx~E.... 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Tra;Hf ~n. i, O..:i Qr~-'~.Yr Sni Hir~ T^H.r:_: rn Qr r.t:atib'~.;T. } h .i p•~!z.ar r. b~.. r~v.+ .x t~ 1~ r.i i.aY: -r. ~ :J~ea4.v.l~~ze;:Ml~.. -•n:,i w.+ r~~ ua o: r.~,n o- n:i c.~.~... c,A.> srs~+~.~ aa, i~~tr,~ r~ en•,uv n r: rap; s ¢..pk~.anvF~de~T:u ~r,...~s¢rz rx..~ , sr..sxh<tA:..Dr.vx~k~~~.ae;~us.n.n `t~~:':a .•ur~ASYZRV~3a.r~L~;a~sq,W'.:t ?,~b.:e ?.irpon Park of Commerce - Traffic L'pdate - 04-141 TIS Page 8 Airpon Park of Commerce -Traffic Impaa Study Eacisting Traffic Conditions The Annual Average Daily Traffic Volumes for the roadways within the study area were obtained from the most current Fall 2006 St. Lucie Urban Area Transportauon Planning Organization Counts, augmented by Culpepper & Terpening, Inc. These counts include the committed trips as referenced in the TPO Counts, and are provided in Table II: Table II Existin Traffic Conditions Station LOS Committed Total Roadwa Number Class~cation Ca aci ADT Tri s LOS Map TPO IDs T e Lanes 25th Street North N. of St Lucie Blvd 5165 E CI 41n 35,700 6,500 0 6,500 B S. of St Lucie Blvd 0011 F CI 41n 35,700 10,300 0 10,300 B N. of uanita Ave 0791 - CI 41n 35,700 10,400 0 10,400 B S. of uanita Ave 5152 - Cl 41n 35,700 17,700 0 17,700 B Kin s H North N. of St Lucie Blvd 0?49 A CI 2 In 16,400 15,700 I15 15,815 D S. of St Lucie Blvd 0751 B CI 21n 16,400 13,800 101 13,901 D St Lucie Blvd W. of US ] North 0270 G CI 21n 16,400 5,100 0 5,100 C W. of 25th St North 154 D CI 21n 16,400 5,500 0 5,500 C E. of Keen Rd 156 C CI 21n 16,400 6,200 5~ 6,255 C US 1 North S. of Indrio Rd 0009 - CI 41n 35,?00 23,100 0 23,100 B S. of St Lucie Blvd 0010 H CI 41n 35,700 22,700 0 22,700 B Legend - Roadway Classification Type CI State Two-Wa Arterial- Interru ted Flow Class I Airport Pazk of Commezce - Traffic L'pdate - 04-141 TIS Page 9 Airport Park of Commerce -Traffic Impact Study The PM Peak Hour Directional Volume for the roadways located within the study area were obtained by using the most current Fall 2006 St. Lucie Counry TPO Traffic Counts and applying the K(.092) and D(.568) values and are tabulated as follows: Table III Eacistin Traffic Conditions ADT ADT PM Peak PM PK Hr Mao LOS Committed/ Hr LOS Directional Roadwa IDs Classification Ca aci LOS Ca aci Volumes/LOS T e Lanes 25th Street North N. of St Lucie Blvd E CI 41n 35,700 6,500 B 1,860 340 B S. of Sc Lucie Blvd F CI 41n 35,700 10,300 B 1,860 538 B N. of Juanita Ave - CI 41n 35,700 10,400 B 1,860 543 B S. of Juanita Ave - CI 41n 35,700 17,700 B 1,860 925 B Kings Hw~North N. of St Lucie Blvd A CI 21n 16,400 15,815 D 860 826 D S. of St Lucie Blvd B CI 2 ln 16,400 13,901 D 860 726 D St Lucie Blvd W. of US 1 Norrh G CI 21n 16,400 5,100 C 860 267 C W. of 25th St North D CI 21n 16,400 5,500 C 860 287 C E. of Keen Rd C CI 2 In 16,400 6,255 C 860 327 C US 1 North S. of Indrio Rd - CI 41n 3~,700 23,100 B 1,860 1,207 B S. of St Lucie Blvd H CI 4 ln 35,700 22,700 B 1,860 1,186 B Legend - Roadway Classification Type CI State Two-Wa Arterial- Interru ted Flo~v Class I Airport Pazk of Commezce - Traffic Updare - 04-141 TIS Page 10 Airport Pazk of Commerce -Traffic Impact Study Trip Generation The Trip Generation for the proposed Airport Park of Commerce was developed by utilizing the "Institute of Transportadon Engineers Trip Generation Manual, Seventh Edition" which established the Trip Generation Rates for the proposed facility. In developing the Trip Generation Rates, the ITE Manual was utilized for both the AADT volumes, A.M. Peak Hour Movements and the P.M. Peak Hour Movements. The following Tables have been provided to depict the Trip Generauon Rates for this development. Table IV depicts the 24-Hour Daily Volumes, Table V depicts the A.M. Peak Hour Volumes, and Table VI depicts the P.M. Peak Hour Volumes: The Land Use Codes 130 "Industrial Park" was determined the most appropriate description of the project. The ADT, AM Peak, and PM Peak Hour trip generations are provided in the following tables: Trip Generation Table IV Average Daily Traffic Land Use ITE Code Units/Size ADT Rates ADT Industrial Park 130 248,165 SF T=4.96(x)+747.75 1,979 vpd Table V AM Peak Hour Traffic Peak Hour D'uectional Duectional Land Use Units/Size Av~. Rate Distribution Volumes Enter Exit Enter E~t Industrial Park 248,165 SF Ln('I)=0.77Ln(x)+1.09 82% 18% 170 vph 37 vph Table VI PM Peak Hour Traffic Peak Hour Directional D'uectional Land Use Units/Size Avg. Rate Distribution Volumes Enter Euit Enter E~cit Industrial Park 248,165 SF T=0J7(x)+42.11 21% 79% 49 vph 184 vph Airport Pask of Commerce - Traffic Update - 04-141 TIS Page 11 Airport Park of Commerce -Traffic Impact Study Trip Distribution The Trip Distribution from the site onto local streets was derived based upon the surrounding developments as well as the e~sting Transportation Network. The Distribution onto the surrounding links was then derived and is portrayed as Figure No. 2. A summary of the Major Trip Assignments were estimated as follows: Table VII - Trip Distribution Link Map IDs % ADT PM Peak Hr. Dir. 25th Street North N. of St Lucie Blvd E 10% 198 18 S. of St Lucie Blvd F 30°,/0 594 55 N. of Juanita Ave - 30% 594 55 S. of Juanita Ave - 30% 594 55 Kings Hw~North N. of St Lucie Blvd A 25°io 495 46 S. of St Lucie Blvd B 25% 495 46 St Lucie Blvd W. of US 1 G 10% 198 18 W. of 25th St North D ~0°% 990 92 E. of Keen Rd C 50% 990 92 US 1 North S.ofIndrio Rd - 99 9 S. of St Lucie Blvd H 10% 198 18 A complete trip assignment by percentage is shown in Figure No. 2 Airport Park of Commerce - Traffic L'pdate - 04-141 TIS Page 12 Airport Park of Commerce -Traffic Impact Study ~ ~ ~ ~ E r z ~ ~ 30x a ~ ~25X j 3 z ~ ~ N ~ S7. LUCiE BEI~LEVARD "'"c'' SITE "'r ~Q~ o sax W ~oz ~ ~ H 7 07C ~ ~ n ~ F B Z F ~ 25R ~30b 6-ib-OS i~1~iU~ f~y. Q4-141 Tt2AF . . ~ _ . _ ...M._..:.... . : IIUt~PEPPER & 1"ERPEfVING, zN~. AIRP4RT PARK CONLUi.TINO ENGkNGER¦ ~L~ND YUNVGYDRa I ~F r(~~~~ 29L0 50t71h, Y}v 5lIIfZt fCRT FIER¢, Rpm~ SNli ~ ' tn~~ 4a4-~ssr DISTRIBI3TION .mA: o n~.,..~ ~ BY PEItCENT Airport Park of Commerce - Traffic Update - 04-141 TIS Page 13 Airport Park of Commerce -Tzaffic Impact Smdy Capacity Analysis Arterial Anal~is: The Trip Assignment Volumes calculated in the previous sections were added to the e~sting volumes and background trips assigned to the roadway links u~ithin the study area. Volume distribution onto the surrounding links was then derived and is portrayed as Figure No. 2. The existing traffic volumes provided in the most current St. Lucie TPO Fall 2006 count data wexe increased b}~ 2°,% per }~ear to account for growth through the 2010 horizon build-out year. Level of Service, Table 4-1, of the Florida FDOT 2002 Quality / Level of Service Handbook was used for both the existing (Pre-Development, including background) and Post-Development Levels of Service. The following is a summary of the results. Table VIII Local Roadwa Network b ADT Other Pre- Post- Map LOS Existing Growth Projects' Development Project Development Roadwa ID Ca aci Conditions 2~ 010~ Traffic Conditions Traffic Conditions 2% 25th Street North N. of St Lucie Blvd E 35,700 6,500 B 53G - 7,036 B 198 ?,234 B S. of St Lucie Blvd F 35,700 10,300 B 849 - 11,149 B 594 11,?43 B N. of Juanita Ave - 35,700 10,400 B 857 - 11,25 i B 594 11,8~1 B S. of Juanita Ace - 35,700 17,700 B 1,459 - 19,159 B 594 19, i ~3 B Kin~s Hwy North N. of St Lucie Blvd A 16,400 15,815 D 1,294 - 1',109 F 495 1?,604 F S. of St Lucie Blvd B 16,400 13,901 D 1,138 - 15,039 D 495 15,534 D St Lucie Blvd W. of US 1 G 16,400 5,100 C 420 - 5,520 C 198 5,718 C W. of 25th St North D 16,400 5,500 C 453 - 5,95~ C 990 6,943 C E. of Keen Rd C 16,400 6,255 C 511 - 6,%6G C 990 ?,?56 C US 1 North S. of Indrio Rd - 35,700 23,100 B 1,904 - 25,004 B 99 25,103 B S. of St Lucie Blvd H 35,700 22,700 B 1,87] - 24,5%1 B 198 24,?69 B *Grown Trips do not include the TPO Committed Trips. A complete trip assignment by AADT volumes is shown graphically in Figure No. 3 Airport Park of Commerce - Traffic L'pdate - 04-141 TIS Page 14 Aicport Park of Commerce -Traffic Impact Study ~ ~ ~ ~ ~ i ~ ~ i ~ i Y ~ = t ~,o3E E r z ~ s R ,~,~09 ~se ,ox q i 4 ~25X ~SS 7,234 ; ~ t 7,E04 ~ y = i f ~ ~ ~ ST ~UCIE BOUIEVARO ~ ~ +c $ITE ~o ~ ~ '~c ~ ~ soz 5~z ,oz ! 6,76fi 5,95.? w 5.5?.Q t 24,575 ( 99D 98fl ~ 148 iQR 198 ~ ~ 7~~~ 6,9~s3 ~ 5,718 1 24,769 ~ ~ N ~ 3 i t ~t ~ ~ ~ i e ,5,~s~ = F ~ sax ssa ~ 25x ,5 534 ,,.743 ; ~ I i ! ~ , 3 ! i k t t t I i i i i { ! . 6-18-CB ~ ( 0~-144 7R,~f s GULPEPPER & T~RPENINp, fNC. AIRPORT PARK~ co~sus.TENO cNO~neeas ~:...,v iua.~c~:nae Oji' L'O~(~'R~.' ~ 7i4q SWM !SM $iR£ET ~ Facr ~[acf. F~airoa xsai i y; r"" P.Y. PEA.K HQUR ~ m ~`A " TURNING lfOVE~[ENTS I flirport Park of Commerce - Traffic Update - 04-141 "IIS Pap,e 15 Airport Park of Commerce -Traffic Impact Study Table IX Im act on Local Roadwa Network ADT ADT ADT Post- Map LOS Project Development ADT % Remaining Roadwa ID Ca aci Traffic Conditions Im act Ca aci 25th Street North N. of St Lucie Blvd E 35,700 198 7,234 B 0.55% 28,466 S. of St Lucie Blvd F 35,700 594 11,743 B 1.66°io 23,957 N. of uanita Ave - 35,700 594 11,851 B 1.66°'0 23,849 S. of uanita Ave - 35,700 594 19,753 B 1.66% 15,947 Kin s H North N. of St Lucie Blvd A 16,400 495 17,604 F 3.02°,~0 -1,204 S. of St Lucie Blvd B 16,400 495 l 5,~34 D 3.02% 866 St Lucie Blvd W. of US 1 G 16,400 198 5,718 C 1.21°/a 10,682 W. of 25th Sc North D 16,400 990 6,943 C 6.03°% 9,457 E. of Keen Rd C 16,400 990 7,756 C 6.03% 8,644 US 1 North S. of Indno Rd - 35,700 99 25,103 B Q28% 1Q597 S. of St Lucie Blvd H 35,700 198 24,769 B 0.55% 10,931 Table X Impact on Local Roadway Network ~I'M Peak Hour D'uectionall PM Peak PM Peak PM Peak Map LOS Pre- Development Project Post-Development % Remaining Roadwav ID Ca aci Condition Traffic Conditions Im act Ca aci 25th Street North N. of St Lucie Blvd E 1,860 3G8 B 18 38~ B 097°,% 14~4 S. of St Lucie Blvd F 1,860 583 B 55 638 B 2.96% 1222 N. of uanita Ave - 1,860 588 B 55 643 B 2.96% 121? S. of uanita Ave - 1,860 1,001 B 55 1,0~6 B 296°ro 804 Kin s H North N. of St Lucie Blvd A 860 894 F 46 940 F 5.35% -80 S. of St Lucie Blvd B 860 786 D 46 832 D 535°io 28 St Lucie Blvd W. of US 1 G 860 288 C 18 306 C 2.09% 5~4 W. of 25th St North D 860 311 C 92 403 C 10.70% 457 E. of Keen Rd C 860 354 C 92 4-46 C 10.70% 414 US 1 North S. of Indrio Rd - 1,860 1,307 B 9 1,31G B 0.48% 544 S. of St Lucie Blvd H 1,860 1,284 B 18 1,302 B 0.97% 558 A complete trip assignment by PM Peak Hour Directional Volumes is shown graphically in Figure No. 4 Auport Park of Commerce - Traffic Update - 04-147 TIS Page 16 Airport Park of Commerce -Traffic Impact Stud}' ~ ~ ~ ~ 1 ; ~ i [ ! i ~ i i ! 4 i 2 * ~69 E ~ 2 S j = ! p 894 18' 167G < i ~ ~zsz ~ ~s 3 I Z s~o " ~ ~ ~ ~ ~ ~ ~ 3 I 5T_ (_t)CIF BO":1l.FVARp r I ? ~ ~ SITE ~ °-o r- e ; ~ ~X 5a9L w 70~6 35A 311 ~ 2~ t~ ~,284 i 92 43 y 18 ~10x ' a? 446 a~3 = 306 t,302 ; 1 ~ i I N ~ { ~ ~ ; ;I ~ 8 7B6 Li F 5S3 i ~ ~ 2sx ae Z~3os s~ ; i ~ 832 fi3~ ~ ~ 3 i i t i i I S ~ ~ ~ ~ 6-t8-08 ~ ~ 04-74fi TRA~' ~ E i GULPEPPER E~ TERPENING, ~Nn. AIRPdRT PARK ( _ ~ C'ONRUtTING CN~IN€LAt I tAND ~URV~Y~A~ OF C01tME.~CE ~ z+eo swm xsa sn~cr - F9Rt PIFIIGf, i109iU~+ .N901 ~~y i u w- {771) AAa-35.4i p.~. pj./Aa ~OL71ti ~ ° TURNiNG YOVE~[ENTS ~ Airport Pazk of Commerce - Traffic L'pdate - 04-14] TIS Page 17 rliiporc Pazk of Commerce -Traffic Impact Smdy Intersection Analysis In order to determine what geometric lane configuration would be most applicable in order to maintain an acceptable Level of Service, the project's impact on the intersecting roadways was analyzed for the peak traffic condiuons. The peak traffic conditions are rypically eaperienced during the PM Peak Hour of weekday roadway traffic. The Peak Hour Volumes as well as The E~t/Enter splits can be found in Table V and VI. The Peak Hour Volumes were applied to the Trip Assignments for the Peak Hour Movements, which have been derived based upon the distribuuons and associated turning movements as shown in Figure No. 4. The Pre-Development and Post-Development PM Peak Hour turning movements for the project intersecuons are depicted in Figures No. 5-9 The pre-development volumes are based upon traffic counts taken by Culpepper & Terpening, Inc. and can be found in Appendix C. Aiiport Park of Commerce - Traffic Update - 04-141 TIS Page 18 Airport Park of Commerce -Traffic Impact Study ~ 55 ?G+t f' 0 i! T G~ - - -Si ~n o sa "a~t t? z 15 ~5 ~ ~ a ~ 8 ~1)= A ~ St. I.u¢ie Boulrrard + ~ ~ ~ ~ ~ ~3 Q G 53 ~ 18 ~t C~ t~ 18 ~ 193 435 C~ (1 lA' t (I - lA = 2(?~ ~ ~ ± 196 935 32 i.~~Hn ! XICX ~iG TRAFkIC i XXX. BACKCi1tUlND %XS~L tIRYc7RT P.9Rk ]C7Q~ 7'~R'S3. TTRIIPPIG E~telgia~ud Ta~ffic Lrhrlcr, Oange Avr SrNM. SuruxLnd Faani, i AC 5ub3ie., A~e1S ki~+6~' ~10 fny M~9r1e Mrnnt~oc4 Pmawe Peo, W~dm :[h~~:., l~iewus. 51C luipare Rmwq,lvseertai Mn a-.r~,,na~rc F~a.~ FIGLJ1tE 5 Gil~f~PP~R b. TERPEIIING, ItMC _ ]'MPEA~i}i4UPTURNINGM6F'S.41EtiTS ~ ccr~s~:s.~ws:ws~kRC.s ~.wra ~nwrc+aiw. C75HryNai ~ ScLuc;cHailratd ~!W ~i71F1]! 35dt$~1' i FQRIl~fL07~1& 31961 = ~ ~ Airport Park ? sr+Piewn~.s~qww~r~w ~p~l. i X. xt aM.~wgrw+m,s~ ~i:~MJE Auport Park of Commerce - Traffic Update - 04-141 TIS Page 19 Airport Park of Commerce -Traffic Impact Study i as :sr? ~ e i~ o ~ ~z ~o ~z ~ ,r~ +~,n r, 33 32~~ 3" 1Q4 - h r IC~9 n s ~ ~ u~ ~ 99 -t? -D= 99 ~ St. Lscie Boulv9rd + ~ : ~ ~ ~ 31 0 18 ~9 ~ 953 +fs < 18= 171 ~ IQtS '~J 9Q t~ 0 f! t58 +t ~55= ?13 ~ ~ ~1 _4 17a :W 9C? i.F~GF.T3I) i 5C3C1i( F~%SI`1NG'19tAFFiC ' ~ X)Lx BJl~C:1CGitE7t12V1) j X?IX ~iIRPCJRT PAAK ! ~ ~G i ? Bsckgrc+und Tnf5e ImA~des~ Ga'ge Aor Sel~ SurmrLnd Famu, 7 AC ~ubdiv. M~, Kn~ i Gs~S MOIrt'r Plrrinurx4 P.rnn~. Pro. VG~7rrn Th~ y Hku~wrcs,~Sf.C Aix~at RmwM~'l~~tiotri ~1i11 u~.k~.,na~ Faoes.o~ EIGttRE 6 d ' 1 CttLi~EFPER S'rERREMtHtG, IAC PMPEAlLFIL1NtTl3RNINGM6V£:1SEN15 LDwl41.TlNR tMOMFief LAMA t4~VttO~A '1St}IStrt[t St.LUUCBw1CAtJ .1~IIID 5L7~J1H,~6$LRlfLI` ' P'0117'~P~f'8..~]~!! . 1 ~1lpOR PaT~t ;Ratr~ru,~ p~w~nr..~nw~.v~ea~*inunw+as I ~.:a,aa~...yro+.w.a~o ,tix~ti~e. Airport Pazk of Commerce - Traffic lipdate - 04-141 TIS Page 20 Auport Park of Commexce -TLaffic Impact Study k ; i 1 425 12l l~ 53 t! ~ 3:8 - 4 ~ 46 :'d ' ~ ;,r~ + ' ~ 1 d78 133 ~ $ - ts w C~ = 8 ' ~ AR > ~9 + 9G = ta3 ! ~ ~ ~ ~ St. I.ucie Boulvard ' + + , ? ~ ~ ~ 0 o C- t ~ 5 j~~ - 5 ~ ~ 615 3G , 4R aN 4 ; 8 +6 +ti= $ ~ Jn w~,,r~ .1~ 663 96 i t t j ~ ~P'.~.i~n ~~~~y-~~~~~ ~~y. Y/w~AV~~~~ ' $ ~ ~~~R~ ~t~}~ , ~ AM~ 1Yl/3a~ •+~(M'~.i~+~ 3~ ~ i B~ekgra~ed TnfSr lniudn~; Oa~r Aar S~etf; Stmnylvd Fsm~+, l AC ~ubd~v., n~~, w~,s 'o~a fap, ~11tc`s 1'Lnuuorti Pre~ncrc Pro. W;bm Tk+v„ Rlnewatt, SIl tiq~art Rwwap,lvxtioert ~ Q=u~~,.Aarc Faoa~ ~a FIGURE 7 ~i ~ ? CIJLRERPSR 6 T£RREMING, !NG ? ~..____._Y_......_.... PMPEAKHLXtR'IiFRNINGMD~'E1~NI5 # LA~#L4TfMi il!RMIf;:CND 1.J~~.1!O A4wMt?Q~:R} ( - Ki~s Hwy ~ Sc lurarDailvud ~:T.lIRI b°K7~]'t'!! 4llh'#iR'ti~J` t l~Ol~l A7FdIG8, iJ,ORi1?t~ ~ ; ~ ~`'A? Airpon Park f R.C1e~~1+~N.MIi]IIR~51F'AiR~!l~1.A71pM~AR~MRRf~l61:~1R i ~ ao.,,t,~~a wasx.~ Airport Park of Commerce - Traffic L'pdare - 04-141 TIS Page 21 !lizport Park of Commerce -Traffic Impact Study -v 's~~ 43 C1 2A ~ ~ 113 ~ 0"~ T 13 ~p ~ +,r~ "6 333 93 ~ 33 + 0 ` f_r M 2i3 ~ ~ ~ ~ ~ 1C - 7 C` . ~ ~ Indrio Road ~ ~ ~ 89 +0 +G= g9 ~ giU t f,~ i ~3 _ ~?n ~ 5'3 S' 13 2~ 9 1i6 v 7 i + b= 159 ~ ± 1$ 3i3 615 S`t ?,F~GP.ND ' i XSCi€ F.:3Li:t17NG TkiSF'RIC ~[ltX BAt:14Git~UiVl3 X]IX !iTRPORT PAR}: ~C]iX'4'OTAL'1'RAF~1~ 3 7 s.ck~ouna T..srk Inrn,ae: ons~e nac s~tf, ~uuu~.~a h.mn. 1 nc `~,bdm, afi~C~Y, li.,~ aow ~a~t, tditi n'r t~~mooc~ T'n~r~~r P~o; W~rm bro., li4ue+w~rs, 1f.C titpaet RmvLj~ f3atiozr! a=.k~~,md7C FaodBwlc FIG[tR~ 8 ~ ~ CtlL,PfFPER ~ TERPEMING, ING _ _._...m......_... _ . . PA~ PEAE: HOUR TITRNING MDVE3~ti'IS j caravGt~r~ Li01M[~[~A ~..AMa f~wvLak~'~ H ~ InddoRc.d ~ ~ Yr ~o st~v~b ss~ ~ruc~i ~rs~tr~~ts~ ~ 1Sirport Park 3 ~f~'lIMMIr~rN/al~U~91~{~tif}14~ARnM-.R~MM~~R.~FMKI:~ ' { g..:a~ z+..srer.r~Y?.~G ?i:~J.>tit.iy. Auport Park of Commerce - Traffic Update - 04-141 TIS Page 22 Airport Pazk of Commerce -Traffic Impact Study ~ i 3~ a~?. 121 ; "~3 J9 I4 ~ 132 + }Cy + i? 142 ~ S +~(t _+S,r ' 1176 63i 13" '.Z." ~ SC - C1 118 ~ , ~ ~ ~ ~ 89 ~ =r, = Itr9 3 ~ AO~It IYO~d 31 +4~ +U= , ~ ~ ~ ' '3 ~ ? 33 29 + 0- 62 ~ 2 +7'CI 11 4 S' 3' z +i5 + 2 + t; _ ~15 ~ ~ 1~ S, ZG 539 48 ; ~ ; i ; I.FtG}~1D I i ~ 3 j ~ ~~`i ~ . { }~{.~~'~u~.7 j XXX !~IRPORT FAIU: ~ 7L3GX`9'OTAT.'lRI~FfC } ~ Sickg~aud TafSc Ldudcs~ Ous~gr Avr Setf. S~u~F1md F~,1 AC &ib3v., M~cad4 Kiug 7016 ~ Gn.2d~illete i9nw~eti~, Pmswc Pco. Wibon 17rv.~ 1~luew~rs:.82.C Itixport Run'w#,1+atia~1 a~.k~,.na~rc Fooaaa EIGLIRE 9 ~ CYLR~PQER TERPENImNG, ING pM PFAKF30UATCtR.*III•7GAi6[BE4~h1S ; iPrfYiT~M~ tMfiMRLw! . .w.~710 /L+RYl~MM4 Kv~r Hvy ~ !ugk Rard ~ ~.3.Up ~7{,7111.3k1t ~JiRiiL~- : P'OR7' sP~'~i~A~lY~t ~ c~&+~ A;rport P9rk ~ ~rx~w~ye~awrr~u~nw;rw~s~m~.+u+we t Y3 I ' . a:.. a~ sTMw .++wws+~a ~+cauc m.. Airport Park of Commerce - Traffic Update - 04-141 TIS Page 23 .'lirport Park of Commerce -Traffic Impact Stud}' The following is a summary of the results of the Levels of Service for each approach and the oeerall intersecnon. A detailed analysis of each lane group in a graphical representauon of the lane geometry for the each of the studied intersections can be found in the attached Appendix A for the Pre- Development conditions and Appendix B for the Post-Development Conditions. A summary of the intersection capacit~- is a follows: US Highway No. 1 and St. Lucie Boulevard P.M. Peak Hour A~nroach Pre-Development Post-Development Eastbound C C Westbound C C Northbound C C Southbound B B Intersection C C 25~' Street and St. Lucie Boulevard P.M. Peak Hour Approach Pre-Development Post-Development Eastbound C C Westbound B B Northbound C C Southbound C C Intersecrion C C Kings Highway and St. Lucie Boulevard P.M. Peak Hour Unsignalized Signalized Pre- Post- Pre- Post- Approach Development Develo~ment Development Development Eastbound C D C C ~%estbound E F D D Northbound - - C C Southbound - - B B Intersecuon n/a n/a C C Kings Highway and Indrio Road P.M. Peak Hour A~roach Pre-Development Post-Development Eastbound C C ~X~estbound D D Northbound C C Southbound B B Intersection C C Kings Highway and Angle Road P.M. Peak Hour A~proach Pre-Develo~ment Post-Develo~ment Eastbound E E Westbound F F Northbound B B Southbound E F Intersection E F Airpon Park of Commerce - Traffic Update - 04-]41 TIS Page 24 Aizpart Pazk of Commerce -Traffic Impact Studv Conclusion The following summarizes the results of the analysis performed by our office, which reflect the anticipated unpacts and Levels of Service by the development of the St. Lucie Boulevard Indusuial Park development. 'rt.,,, ,.rc.,. ,.r .~e _ ea ao et~ e ,;u t,., ..u~ i:..i_ i~.o«~ ~t ~ferse ..c c. r..~D~.._.,...a ~a r rc ~.T,. ~ c..,..., r nc ~e e~~~-`~'~ =~-~e-~es~ << « << » 4. The intersecuon of Kings Highway and St. Lucie Boulevard will maintain acceptable level of services under the condition that the flashing beacons are converted to operate as a fully functional signalized intersection. 5. It is recommended that left turn lanes be provided at the project access locations along St. Lucie Boulevard to insure safe access for turning vehicles. 6. In the PM peak hour directionai condition Kings Highway north of St. Lucie Boulevard is failing in the pre-development conditions. Project impact on this roadway segment is 46 vph or 535%. 7. The intersection of Kings Highway and Angle Road is failing in both the pre-development and post-development conditions. It is recommended that a proportionate fair share agreement be used to mitigate the project related impacts. Airport Park of Commerce - Traffic Update - 04-141 TIS Page 25 ZONING DISTRICTS 3.01.03 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) l. 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). T IL INDUSTRIAL, LIGHT. 1. ~ Ptirpose. The purpose of this district is to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding are, together with such other uses as may be necessary to and compatible with light industrial surroundings. The number in following each identified use corresponds to the SIC code reference described in Section 3A1.02(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. Business services. (73) b. Communications - including telecommunication towers - subject to the standards of Section 7.10.23. (48) c. Construction services: (1) Building construction - general contractors. (15) (2) Other construction - general contractors. (16) St. Lucie County Land Development Code 3:27 Adopted May 19, 2009 ZONING DISTRICTS 3.01.03 (12) Electronic and other electrical equipment and components, except computer equipment: (a) Household appliances. (363) (b) Electric lighting and wiring equipment. (364) (c) Household audio and video equipment. (365) (d) Communications equipment. (366) (e) Electronic components and accessories. (367) Misc. electrical machinery equipment and supplies. (369) (13) Measuring, analyzing and controlling instruments. (38) (14) Photographic, medical and optical goods. (38) (15) Watches and clocks. (38) (16) Misc. manufacturing industries: (a) Jewelry, silverware, and platedware. (391) (b) Musical instruments and parts. (393) (c) Dolls, toys, games and sporting goods. (394) (d) Pens, pencils, and other office and artists' materials. (395) (e) Costume jewelry, costume novelties, and notions. (396) Brooms and brushes. (3991) (g) Signs and advertising displays. (3993) (h) Morticians goods. (3995) (i) Manufacturing industries, NEC. (3999) (17) Plastic products - fabrication, molding, cutting, extrusion, and injection processing. (308) i. Marinas. (4493) j. Millwork and structural wood members. (243) k. Motion pictures. (78) l. Motor freight transportation and warehousing. (42) m. Repair services: (1) Automotive and automotive parking. (75) (2) Electrical. (762) (3) Watch, clock and jewelry repair. (763) (4) Reupholstery and furniture repair. (764) (5) Misc. repairs and services. (769) n. Retail trade: (1) Lumber and other building materials. (521) (2) Paint, glass and wallpaper. (523) 5t. Lucie County Land Development Code 329 Adopted May 19, 2009 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE (3) Hardware. (525) (4) Nurseries, lawn and garden supplies. (526) (5) Mobile home dealers. (527) (6) Automotive/boat/R,V/motorcycle dealers. (55) (7) Gasoline service. (55) (8) Furniture and furnishings. (57) o. Research, development, and testing services. (873) p. Ship, boat building and repairing - less than forty-five (45) ft. (373) q. Sorting, grading and packaging services - citrusbegetables. (0723) r. Vocational Schools. (824) s. Wholesale trade - durable goods: (1) Motor vehicle and automotive equipment. ~501) (2) Furniture and home furnishings.(502) (3) Lumber and other building materials. (503) (4) Professional and commercial equipment/supplies. (504) (5) Metals and minerals except petroleum. (505) (61 Electrical goods. (506) (7) Hardware, plumbing and heating equipment, and supplies. (507) (8) Machinery, equipment, and supplies. (508) (9) Misc. durable goods: (a) Sporting and recreational goods. (5091) (b) Toys and hobby goods. (5092) (c) Jewelry, watches, precious stones and metals. (5094) (d) Durable goods NEC. (5099) t. Wholesale trade - nondurable goods: (1) Paper and paper products. (511) (2) Drugs. (512) (3) Dry goods and apparel. (513) (4) Groceries and related products. (514) (5) Farm products - raw materials. (515) (6) Chemicals, and allied products. (516) (7) Beer, wine, and distilled alcoholic beverages. (518) (8) Misc. nondurable goods: (a) Farm supplies. (5191) (b) Books, periodicals and newspapers. (5192) St. Lucie County Land Development Code 3:30 Adopted May 19, 2009 ZONING DISTRICTS 3.01.03 (c) Flowers, nursery stock and florists' supplies. (5193) (d) Tobacco/tobacco products. (5194) (e) Paints, varnishes and supplies. (5198) Nondurable goods, NEC. (5199) u. Mobile food vendors. (999) v. Single family detached dwelling units provided that the single family dwelling unit is located on an existing lot or parcel or record, as further defined in this Code, that was existing on or before August 1, 1990. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Offstreet Parking ¢nd Loading Requirements. Offstreet parking and loading require- ments are subject to Section 7.06.00. 6. Landsc¢ping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Airports, landing and takeoff fields - general aviation. (4581) b. Manufacturing: (1) Cut stone and stone products. (328) (2) Motorcycles, bicycles, and parts. (375) (3) Wood containers, wood buildings and mobile homes. (244/245) c. Ship, boat building and repairing (excluding ship or boat salvaging) - forty-five (45) to one hundred fifty (150) ft. (373) d. Wholesale: (1) Petroleum bulk stations and terminals. e. Scrap and waste materials - subject to the provisions of Section 7.1012.A. 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Co-generation facilities. (999) b. Fueling facilities. (999) c. Industrial wastewater disposaL (999) d. One detached single-family dwelling or mobile home for on-site security purposes per property. (999) e. Retail trade accessory to the primary manufacturing or wholesaling use. (999) St. Lucie County Land Development Code 3:31 Adopted May 19, 2009 , ~~~8~~~ ITEM NO. VI-E z~:.~r~~.~~~,.~ ~ DATE: 04/20/10 ~ . • . • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ~ QUASI-JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: William Hoeffner~~~/ SUBMITTED BY: Grants / Disaster Recovery Director SUBJECT: Project Leeway - Letter of Intent BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-5215-582000-500 County Job Incentive PREVIOUS ACTION: September 13, 2005; BOCC approval of an ordinance granting an ad valorem tax abatement of $1,001,000 phased over six years. RECOMMENDATION: Board authorization to have the County Administrator send a Letter of Intent to offer Project Leeway: (1) An Ad Valorem Tax Abatement phased over five years subject to Board approval at a public hearing, Project Leeway making an approximate capital investment of $6,000,000 in St. Lucie County and Project Leeway employing 11 fulltime equivalent persons at an average hourly wage of $18.36 (Estimated Value = $140,400); and (2) A Job Growth Incentive Grant of $18,150 phased over three years. Also, Board approval to qualify the Project Leeway for the ad valorem tax exemption as an "expansion of an existing business" as defined in Section 196.012(16), Florida Statutes, as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER - ~ Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Sianatures County Attorney ( ) ~71/ OMB Director ( ) ~ Budget Analyst . Daniel Mclntyre Marie Goui t Sophia Holt Originating Dept. ( ) illiam Hoeffner ~ ~ ST. LUCIE COUNTY • GRANTS / DISASTER RECOVERY ' ~ ' ~ ~ DEPARTM ENT MEMORANDUM TO: Board of County Commissioners FROM: William Hoeffner, Grants / Disaster Recovery Director,~%~~/ DATE: April 20, 2010 SUBJECT: Project Leeway - Letter of Intent ITEM NO. VI-E Backqround: Project Leeway has requested economic development incentives to include an ad valorem tax abatement and a job growth incentive grant (JGIG). Please see the attached letter from the Economic Development Council (Attachment 1). Project Leeway is an existing agricultural produce processing company that is seeking to expand. An agricultural produce processing company is included in St. Lucie County's targeted industry list under Food & Beverage Products Manufacturing. Project Leeway previously received an ad valorem tax abatement of $1,001,000 in 2005 for a prior expansion and met the conditions of the ordinance governing the abatement. Project Leeway is anticipating a$6 million investment in capital improvements for the expansion. This does not involve land or equipment acquisition already on the tax role. Therefore, the entire $6 million would be eligible for the abatement which is valued at $140,400 phased over five years accordin to the followin schedule.: Percentage Potential Abatement Exem tion 100% $46,800 80% $37,440 60% $28,080 40% $18,720 20% $ 9,360 Total Exem tion $140,400 Taxes that will not be abated include the followin : Taxes Not Abated Current Five Year Total of Milla e Taxes Not Abated School District 7.9760 $239,280 Fire District 2.2000 $66,000 Children's Services Council 0.4872 $14,616 Florida Inland Navi ation District 0.0345 $1,035 Count Parks MSTU 0.2313 $6,939 Port Bond 0.0154 $462 Environmentall Si nificant Lands 0.0459 $1,377 South Florida Water Management 0.6240 $18,720 District Total Five Year Taxes Not Abated 11.6152 $348,429 ~ ~ ~ . Project Leeway projects hiring 15 persons at $18.36 per hour on a seasonal basis with significant overtime. The hourly wage of $18.36 is 16% above the County's average hourly wage of $15.78. Based upon the seasonal employment and projected overtime hours, staff calculates the employment is equal to 11 full time equivalents. Staff is therefore recommending the JGIG grant, if awarded, be based on 11 jobs. The maximum JGIG grant is $18,150 phased over three years ($6,050 per year). Attachment 2 includes both the State's and County's definitions of Expansion of an Existing Business. The County's ad valorem policies must be consistent with the State's, but can be more restrictive and, in this definition, the County's is more restrictive. Because of the lack of an "or" between sections E1 and E2 in the County's definition, both sections govern the definition. Section E2 disqualifies Project Leeway from eligibility for the ad valorem tax abatement since the 11 new jobs being created by the expansion do not exceed 10% of their workforce of more than 300. In the State definition, the "or" between Sections 16(a)1 and 16(a) 2 allows an expansion of an existing business to be defined as a business establishing 10 or more jobs to employ 10 or more full-time employees. To approve the ad valorem tax exemption, the Board will also have to qualify Project Leeway for the ad valorem tax exemption as an "expansion of an existing business" as defined in Section 196.012(16), Florida Statutes. The Economic Development Council approves of this special qualification. Recommendation Board authorization to have the County Administrator send a Letter of Intent to offer Project Leeway: (1) An Ad Valorem Tax Abatement phased over five years subject to Board approval at a public hearing, Project Leeway making an approximate capital investment of $6,000,000 in St. Lucie County and Project Leeway empioying 11 fulitime equivalent persons at an average hourly wage of $18.36 (Estimated Value = $140,400); (2) A Job Growth Incentive Grant of $18,150 phased over three years. Also, Board approval to qualify the Project Leeway for the ad valorem tax exemption as an "expansion of an existing business" as defined in Section 196.012(16), Florida Statutes. A ~ ec~on~uc CbUNCII Oi T. ~UCIi CDYMtY ?UBL9C PARTNERS ~.i L:;ca~•~ t'c_. , ~-itv - ~!ri - .rYry r', rt ` i. l~~YTlI 7, 2~1~ , ;ts ri t . ' t I °~:G~ii°,f iiii I? i,.;:e t)uiit!9- Aif'ftritilV i~ ~:~!i:,f' r',~:,;.~i c~iC'C~ (~ra•~ECe ~ SL~I. :.~f i<ifTl~~s.~ : ~i ~..,;itt}iT1BC... ._.:;i~ t,::~~.i.: ~-:r.r~«~ o~s~r~~.-t Ms. Faye Outlaw ;~.<<,~,~~;~;~.~ ;t!~,~,::~,~ County Administratar ~oa~Q oF aovisop ~~vE~ St. Lucie County . , . ~ ~ ~":.;.~s 2300 Virginia Avenue ~.tia~ a~~~<< ~ Fort Pi~rce, PL 34982 :L^d ~ f ~ tit4f~c i '.1. 1_J~.: ~ ~ ~1 ~,^,.:%r i ~~ll;r'f ,,.,~t,~ r ~ ,~3 RE: Project Leeway ~ orre~ 4 t ~-5 . ~'t~ ( , ' ~ ~ ,h:~c; e:-; c~a~Rn~a~a's €_~~~z Dear Ms. Outlaw: :aT.~T ~~nr~a~~ Pri.,nn R~•~±,arcn Centrr ~r~c The Economic Development Council of St_ Lucie County has been asked by a s~:,c;,as: ra~t,,~~a~ aa~~> manufacturer in Fort Pierce, known by their project name as Project Leeway, for s~,~t~~~: c~,~~;t~:~~:.~on co~,,~~;a~_y assistance with their expansion. This expansion would include a six million dollar ~~~i:~~~~~~ capital investment for construction and equipment as well as Ehe addition of fifteen LEAD~RSHtP tEWcE~ jobs (or 11 futl-time equivalents), at an average wage af $18.36 / hour. AS&et °~pao:i8h5t5 ir~c~- r=3~s1 ~~c~aes ~a~x project Leeway is currently evaluating their decision to expand at their Fort Pierce r'~~'~~ r"""~r location, anflther location outside the county, or continue to outsource part of their Hc~rne Tc,ov~ G~Gt~: N ~ production. ~:ivHrs€de Natiunai ~8n;. ~ ,'1g~7-, i rP~su+e ~ca:.t (ve:"r~..;a~;-rss T«~;~:~~;_1 Project Leeway has requested assist~nce through tl~e Economic Development CI~RPditATE ~~v~~ Council for a Jnb Gmwth Investment Grant and Ad Valorem Tax Abatement from ~E~.4t~~1 the County as well as training grant availability. We request your favorable ,~tridersc;n-f~t.:~nr? ::o~:;c«..~;~,~, c:,~~~ consideration supporting the expansion of Project Leeway. .si SiO~ 1.^,4': . Br;.r.n~ B~nk.<n~:~ Tr~~s! ~cr~,c;ar~y SLriCCi8111, ~ ~`ec~r~ ttl ad. ~~irivi~ & t r r,~c'r ~ ~ ~ rti!-,.rctGlrri~r~e, fii 8a6. W,~~Y+3 ha~r~~s. r~ ~ ~ / 1/f / y ~3rGf-~n_~UCUtrfii.IflC. ,r~.r,..C{~~~l.j.r_.f~-~S~-~~~ J l~ki~~~~-~~"tt~ ~:.ra~ r~ Eank ft Trus1 D~ ~IsSn~a : t3tE;Pslre~~r:~ 6~u~i~tN~s 6~r~.k. Cai2C~c1Ce MSFIOW ,}s,,,~ , ;ri., ~ `;:~._i~ ^ AVP, Business Retention & Expansion :-ieiti-i,k ~TOIf ~::~r~4 ~ i~l;.~i~ InC. 'r';;`~i ~I:Y f';~~~;NC~'v0!l~t',1~:;(I~;n. ~i_L(,~ ~58 y . F'(~_ {~15L _ P~'r: i_. _J.~I• 4~E.;, ~ .~,,.~i_r.. _ t'~_:. ?h.!>r,'t, _ . _ , ~.i.r."t~:9~"~..:....:' v .-.1_~; r . t:v.'~. .?I' • = ~ ~ ~ Attachment 1 1850 SW Fountainview Boulevard, Suite 205, Port St. Lucte, FL 3498~ (772) 879-4144 Office •(772) 879-7477 Fax • contact@You~DC.com • www.YourEDC.com ~ ^ . COUNTY DEFINITION E. Expansion of an Existing Business: 1. As defined in Section 196.012(16), Florida Statutes, an Expansion of an Existing Business means: (a) A business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this State, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; (b) Any business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this State, whose Sales Factor, as defined by Section 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or (c) Any business located in an Enterprise Zone that increases operations on a site collocated with a commercial or industrial operation owned by the same business. 2. Any expansion of an existing business must increase operations on a site coilocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than ten percent (10%) or an increase in productive output of not less than ten percent (10%). The ten percent (10%) requirement does not apply to Enterprise Zones. STATE DEFINITION 16) "Expansion of an existing business" means: (a) 1. A business establishing 10 or more jobs to employ 10 or more full-time employees in this state, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or 2. A business establishing 25 or more jobs to employ 25 or more full-time employees in this state, the sales factor of which, as defined by s. 220.15">220.15(5), for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; provided that such business increases operations on a site co-located with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than 10 percent or an increase in productive output of not less than 10 percent. (b) Any business located in an enterprise zone or brownfield area that increases operations on a site co-located with a commercial or industrial operation owned by the same business. Attachment 2 ~ ~ a~..,,,,. ! ITEM NO. VII-A ~ _ ~ ; ! , _ V DATE: 4/20/10 i • ' ~ ' REGULAR ( ) AGENDA REQUEST PUBLIC HEARING ( X ) LEG. ( ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. ~,~~;'h SUBMITTED BY: Public Works/Engineering Division County Engineer SUBJECT: Mount Bethel Ministry, LLC - Paving Waiver and Fair Share Contribution Agreement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the Paving Waiver, Fair Share Contribution Agreement in the amount of $41,620.89, and Resolution No. 10-087 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER 1 Approved 5-0 Faye W. Outlaw, MPA County Administrator CoordinatioNSiqnatures Count Attorne x ~ Environmental X ~,~r-Z Y Y ( ) ( ) .~~~Lr, j Daniel Mclntyre Services Director ~,~a~ren Smith Originating Dept. ( x) ~ County Engineer ( x) ~1 Y~? Do ald West Michael Powley 8Rn'1 Planning & Dev. x . Count Surve or x ~-~~r7" Services Dir. ~ ~ y Y ~ ~ Mark Satterlee Ronald Harris cc: Finance Mount Bethel Baptist Church request PH.ag ~r'~? Engineering Division _ ~ • ~ ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director~ FROM: Michael Powley, County Engineer M`~ DATE: April 20, 2010 SUBJECT: Mount Bethel Ministry, LLC - Paving Waiver and Fair Share Contribution Agreement ITEM NO. VII-A Backqround: Mount Bethel Ministry, LLC proposes to develop Mount Bethel Baptist Church on the east side of South 37th Street within the city limits of Ft. Pierce (Attachment A). The proposed project is located approximately 3000 feet north of Okeechobee Road and approximately 1200 feet south of Peterson Road. South 37th Street is maintained by St. Lucie County. The portion of South 37th Street lying north of White Way Dairy Road is constructed with asphalt millings and is considered to be an unimproved road. The Ft. Pierce City Commission approved the site plan on November 2, 2009. As a condition of approval, the city requires the developer to enter into an agreement to pay a Fair Share Contribution of $41,620.89 towards the paving of the roadway (Attachment B). To this end, the developer has requested a paving waiver pursuant to Chapter 7.05.07 B.2.a (3) of the St. Lucie County Land Development Code. The approximately 1200 feet of roadway with substandard right-of-way qualifies the developer for a paving waiver, and this Fair Share Contribution is a condition of the paving waiver approval. Please see Resolution No. 10-087 (Attachment C). Staff has reviewed the Fair Share Contribution analysis and engineer's estimate submitted by the applicant and supports the conclusion of the applicant's engineer. The engineer's cost estimate to construct the road segment to County standards is $328,209.61 (Attachment D). The limits of construction begin at the applicant's north property line and extend south for approximately 1200 feet. Notice of the proposed paving waiver Public Hearing was sent via letter to all of the affected residents within a 500-foot radius of the location (Attachment E). Notice was also published in the St. Lucie News Tribune on April 2, 2010. Recommendation: Board approval of the Paving Waiver, Fair Share Contribution Agreement in the amount of $41,620.89, and Resolution No. 10-087 and authorization for the Chairman to sign documents as approved by the County Attorney. ATTACHMENT A PETITION OF PAVING WAVIER MOUNT BETHEL MINISTY, LLC RS-3 ~ , W E _ ~ RS-3 RS-3 RS-3 ~ CG ~ ~ S W RS-3 RS-3 CG CG CG C N. T. S. ~ RS-3 RS-3 RS-3 CG RS-3 y RS-3 RS-3 RS-3 CG RS-3 RS-3 RS-3 R~ 3~ CG I~ ~ S RS-3 RS-3 I h RS-3 ~ M ~ RS-3 CN C/~/ CN Q RS-3 ' i RS-3 a RS 3 ~ = CN CN \ t CG ~RS-3 RS 3 ~ =~G ~ ~ CN CN f. aZ RS_3 I RS-3 y ~ CG I ~ RS-3 I $0~ ~W RS-3 U ~ I CG ~ RS-3 ~ ' ~ ~ ~?S-3 - ? RM-9 . _ ~ CN _ . . D RS-3 55~ R~ CN CN RS-3 RS-3 S S- RS-3 RS-3 S- RS-3 RS-3 CN ROW LEGEND I l 500' NOTIFICATION AREA rI cN ~N CITY OF FORT PIERCE CORPORATE LIMITS C:\Drawings\1004-MOUNT-BETHEL-BAPTIST-CHURCH.dwg, 3/5/2010 1:38:25 PM, 1:475, SLCPWD-ED D.S.Ard ATTACHMENT B A6REEMENT TO PAY FAIR SHARE CONTRIBUTION FOR IMPROVEMENTS TO SOUTH 37T" STREET THIS A6REEMENT is made and entered into this day of , 2010, by and between ST. LUCIE COUNTY, FLORI~A, a political subdivision of the State of Florida ("County") and MOUNT BETHEL MINISTRY, a Corporntion, LLC, Individual ("Developer"). WITNESSETH: WHEREAS, Developer intends to construct a f4cility to be known ns Mount Bethel Bnptist Church (the "Development"); and WHEREAS, on November 02, 2009, Developer was granted site plan approva) by the City of Ft. Pierce for the Development; and, WHEREAS, n condition of the site plan is that the Developer provides the Developer's "fair share" of the cost of the Improvements to pave South 37th Street ("RoQd Improvements"); nnd, WHEREAS, pursuant to Section 7.05.07 B4a1 of the County's Land Development Code, Developer has agreed to pcry to the County his estimated foir share of the costs of Improvements in the total amount of forty-one thousand and six hundred and twenty dollars and eighty-nine cents ($41,620.89). NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties covenant and agree as follows: 1. Upon signing this agreement, Developer shall deliver to the St. Lucie County a check in the nmount of forty-one thousand and six hundred and twenty dollars and eighty-nine cents ($41,620.89) (the "Funds"). 2. The Funds delivered to the County shall be disbursed on the following conditions nnd in the following manner: a. Upon written request from County Engineer to the County Finance Director, the Funds shnl) be disbursed to the County for paying the Developer's estimated -1- g:\ntty\agreemnt\gentileroad-fnir share fQir share of the cost of planning, including conceptual and final design, and constructing the rond improvements. b. If the County hns not expended or encumbered the Funds by the end of the cnlendar quarter immediately following ten (10) years from the date the funds are delivered, then, upon written npplication of Developer, any remctining funds including interest thnt may accrue, shnll be released to the Developer. IN WITNE55 WHEREOF, the parties hnve caused this Agreement to be mude and entered into the day nnd year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chnirmnn APPROVED AS TO FORM AND CORRECTNE55: BY: County Attorney WITNESSES: ~ti~ ~ ' i ~ 2~-~ l~ A-2~ n~ ~ ~ Dr. C. E. 6lover 1 IOJ~ -2- g:\ntty\agreemnt\gentilerocd-fnir shnre ATTACHMENT C RESOLUTION NO. 10-087 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY 6RANTIN6 A WAIVER TO MOUNT BETHEL MINISTRY, LLC WITH CONDITIONS FROM THE REQUIREMENTS OF SECTION 7.05.07 OF THE LAND DEVELOPMENT CODE REQUIRIN6 PAVED ACCE55 TO NEW DEVELOPMENTS WHEREAS, the BoQrd of County Commissioners of St. Lucie County, Florida, based on the testimony nnd evidence, including but not limited to the staff report, has made the following determinntions: 1. Mount Bethel Ministry, LLC received npproval for the pro ject known as Mount Bethel Baptist Church from the City of Fort Pierce Commission on November 2, 2009. The pro ject is comprised of 5.3 ncres of Innd located along the eastern frontage of South 37'h Street approximately 3000 feet north of Okeechobee Rond and 1200 feet south of Peterson Road. A map depicting the proposed development site and access road (South 37rh Street) is attached as Exhibit "A." 2. The applicnnt has applied for u request for a waiver from the requirement of paving the access road known as South 37'h Street due to sub-standard right-of-way 3. On April 20, 2010, this Board held a public henring to consider the adoption of Resolution No. 10-087 after publishing and mailing notice. This Board granted upprovnl of a wniver, with conditions, from the paving requirement for the access road. 4. Pursuant to Section 7.05.07 B.2, the Board may require the app~icant to provide n fnir share contribution toward the cost of paving South 37'h Street. 5. The County Engineer recommends that the Bonrd gront the paving waiver request on condition that the developer contribute a fnir share nmount to pave South 37th Street. The estimated cost to pave all of South 37'h Street to the north side of the sub ject property is $328,209.51. The Engineering Division has reviewed the anQlysis prepnred by the Developer's engineer and approves the fair share contribution for Mount Bethel Baptist Church on South 37'h Street in the amount of $41,620.89. 1 6. The funds shall be held in escrow by the County for ten (10) years to only be used for the design and construction of South 37th Street accessing the development. Any funds not expended or encumbered by the end of the calendar quarter immedintely following ten (10) years from the date the funds were submitted to the County shall, upon application of the fee payer, be returned with interest to be determined based upon the average rate of return to the County for the time the funds were held. Any required submission of escrow funds shall include an escrow agreement acceptable to the County Attorney. 7. Unpaved roads generally cost more to maintnin nnd can negatively impact emergency vehicle access. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: A. Pursuant to Section 705.07 of the Lnnd Development Code, the requested wQiver to pnve South 37th Street providing access to the property described below is hereby granted on the property described as follows: THE SOUTHWESTQUARTER OF THE NORTHEASTQUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 35 SOUTH, RAN6E 40 EAST, ST. LUCIE COUNTY, FLORIDA; LE55 THEREFROM THE NORTH 445 FEET AND THE WEST 40 FEET; AND THE NORTHWEST QUARTER OF THE SOUTHEASTQUARTER OF THE NORTHWESTQUARTER OF SECTION 17, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORI~A, LE55 THEREFROM THE SOUTH 500 FEET AND THE WEST 40 FEET. SAID PARCEL CONTAINING 5.30 ACRES, MORE OR LE55. B. The approval granted herein for the requested woiver is subject to the following condition: 1. Within 90 days after receiving development approval from the City of Fort Pierce, the property owner, his successor or assigns, shnll submit n fair share contribution in the amount of $41,620.89 as approved by the County Engineer. C. A copy of this Resolution shnll be forwarded to the City of Fort Pierce Planning Department and mailed, return receipt requested to the developer and agent of record as identified herein. a ADOPTION. This Resolution shall be recorded in the Public Records of St. Lucie County. After motion nnd second, the vote on this Resolution was ns follows: Chnirmnn Charles Grnnde XXX Vice-Chairman Doug Coward XXX Commissioner Paula A. Lewis XXX Commissioner Chris Craft XXX Commissioner Chris Dzudovsky XXX PASSED AND DULY ADOPTED by the Board of County Commissioners of St. Lucie County, Florida, on this day of March, 2010. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNE55: BY: County Attorney 3 ATTACHMENT D , ~ , CONSTRUCTION COST ESTIMATE Client: Mount Bethel Baptist Church Date: August 20, 2009 Project Name: Mount Bethel Baptist Church EDC Project OS-236 Estimated Lenqth of Improvement = 1,500 LF ESTIMATED SITE WORK UNIT QUANTITY UNIT PRICE CONTRACT Property Acquisition AC 0.20 20,449.30 4,084.24 Mobilization LS 1 9,000.00 9,000.00 Miscellaneous Erosion Control LS 1 1,000.00 1,000.00 Rouqh & Fine Grade SY 11,111 0.30 3,333.33 Sodding (Right-of-way) SY 5,000 1.65 8,250.00 Construction Layout and Record LS 1 8,500.00 8,500.00 ~ Density Testing LS 1 1,200.00 1,200.00 SITE W~RK SUB TOTAL 35,367.57 ESTIMATED ROADWAY UNIT ~UANTITY UNIT PRICE CONTRACT 3/4" Type S-3 Asphalt SY 5,667 7.10 40,233.33 1-1l4' Type S-1 Asphait (Lift 1) SY 5,667 12.10 68,566.67 8" Base Rock SY 6,000 11.75 70,500.00 12" Stabilized Sub-Grade SY 6,333 2.25 14,250.00 4" Thick Concrete Sidewalk SY 757 40.50 30,672.00 Stop Sign & Bar Ea 1 450.00 450.00 Other Striping LS 1 4,500.00 4,500.00 Driveway Repair Ea 7 750.00 5,250.00 MOT (Complete) LS 1 3,500.00 3,500.00 ROADWAY SUB TOTAL 237,922.00 ESTIMATED DRAINAGE UNIT QUANT~TY UNIT PRICE CONTRACT 24" RCP LF 210 41.00 8,610.00 Mitered End Sections EA 14 250.00 3,500.00 DRAINAGE SUB TOTAL 12,110.00 SUB TOTAL S 285,399.57 15% Contin enc 42,609.94 TOTAL S 328,209.51 Doss Not Include: ' Landscaping ' LightinQ ' Electrical and other Conduit • Enpineerinq Costs ' Project Sipns 1 EN6INEERING Df51(iN 8 CONSTRUCTION. !NC CIVIL ENGINEERS SPECIALIZlN6 IN LANU DEYELOPMENT 1~34 Tucker Court. Fort Pierce, FL 3495a p~~.(n2> a62-2a55 ~x.~772) as2-2a5a Executive Summarv The objective of this report is to determine an equitable means of distributing costs associated with the 37'h Street improvements and thereby determining the fair share cost for the Mount Bethel Baptist Church. The costs must be fairly distributed to all of those properties that would receive a benefit from the road improvements. The report is necessitated by the St. Lucie County's Land Developrnent Regulations which require the improvement of adjacent roadways for the development of properties. Three methods were used for the fair share analysis: trip generation, road frontage, and number of driveways. The limits of improvements are approximately 1,500 linear feet spanning from Whiteway Dairy Road, along 37~' Street, to the northern limits of the subject parcel. The trip generation method of assigning improvement burdens is based upon zoning. It assumes that all parcels are developed to the full potential with the current zoning. The fair proportionate share using the trip generation method for the subject property would be $63,840.00. The road frontage method of analysis simply estimates the total frontage of each parcel and then multiplies that number by a cost per linear foot for the road improvement. This method assumes only those properties with road frontage will - receive a benefit. Based on this analysis, the fair share contribution required for the subject property would be $40.510.00. The number of driveways method assigns fair share based on number of driveways allowed along the parcel. This analysis assumes that the County's Land Development Regulations would govern the number of driveways, one per 60 feet. Based on this assumption, a total number of possible driveways was determined. This number was then applied to the total cost of the roadway improvements and a fair share for each parcel was determined. Based on this analysis, the fair share contribution required for the subject property would be $20,513.00. A recommendation of basing the fair share contributions for the Road Improvements is provided. That recommendation states that the average of all three methods should be used to determine the fair share for this project. The estimate includes an evenly distributed cost burden, regardless of arbitrary functions, and is based on the developable potential of those properties. a ENGINEERING DESIGN 8~ CONSTRUCTION. INC CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fz:(772) 462-245d Page 1 Recommendation We recommend the average of all three methods. The amount of $41,620.89 should be contributed toward the construction of South 37~' Street. 3 E N G I N E E R I N G D E S i G N 8 C 0 N S T R U C T I O N. I N C CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court, Fort Pierce, FL 34950 ph:(772) 462-2455 fx:(772) 462-2454 Page 4 i . . . ATTACHMENT E • ~ r. , s ~ -4 ~ ~ ' ~ - . ~ ec r~J,u- - ~ _ ' ~ G W E s. ,Y . . ~ ~ _ - . ~ F~' ~1 r :3 - T'~` i_- S ;a: ~ ~ . l~ ~ ~ F . ~ , ~ ~ ~ N. T. S. ~ ,t ~ ` ~ _ A r , 1~ ~ . M~ ~ i y ' ~ ~ J' ~ ~ a ~ ~ . ` ~ ~ ~d' ' 4 1"~ ~ y ~P: _ Q t ~ ~ ' ' _ ~ j~ . . ~ ' ~ ~ ~ , ~ . ~ 1 se. i} ~ . ~ , ~ ~ A y+i".,- h f . . ~ - , v , ' . ~!^.r ° ~ 4 ~ M - ~ ~ : y , p . MOUNT ' ~ ~ ~nax ~ ~ BETHEL ~ ' ` F=., BAPTIST N CHURCH L 80' R/VU ' ~ - Q . ` ~ ~ , _ ~ - _ , } F' ~ ~ ' _ ` ~ , 55' R/V11 ~ f, ~ S : ~ ~ . . , y `M. ~7' - LEGE1~~ 'k':.~:' , ~ .e ' ~:r:f. ~ . ~ . . , ~ ~ . 1 . r "~I~ ~ F' ~ ` ~ ~ 500' NOTIFICATION AREA ~ S; ~ 4 . C:\Drawings\1004-MOUNT-BETHEL-BAPTIST-CHURCH.dwg, 3/1l2010 9:1737 AM, 1:475, SLCPWD-ED D.S.Ard ~J AGEN~A REQUEST ITEM NO. ( - , DATE: April 20, 2010 ~ REGULAR . . PUBLIC HEARING [XX] CONSENT ? TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT~: County Attorney Daniel 5. McIntyre SUB CT; Ordina~ce No. 30-012 - Pr~trectment of Wcstcwat~r BACKGROUND~ See nttached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEN~ATION: Stcff recommands thct the Bonrd adopt Ordinance No. 10- 012 nnd outhorize the Choirman to sign the Ordinance. COMMISSION ACTION: CONCURRENCE: [X] APPROVE~ [ ] DENIED - = [ ] OTHER: Approved 5-0 Faye W. Outlnw, MPA County Administrator ~ Review nnd Approvnls County Attorney: 1 Management 6 Budget Purchasing: Daniel 5. McIntyre Originating Dept. , u.~~j~}R.~ D~~ County Eng.: Finence~ (Check for copy only, if applicable) Eff. 5/96 ~ - _ ' - INTER-OFFICE MEMORANOVM ST. LULTE GOUNTY, FLORI~A • . TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 10-0226 ~ATE~ April 1, 2010 SUBJECT: Ordinance No. 10-012 - Pretreotmcnt of Wastewater; Pcrmission to Advertise BACK6ROUN~: Attcched to this memorandum is a copy of droft Ordinnnce No. 10-012 which, if adopted, would set forth uniform requirements for wastewater customers of the St. Lucie County Water and Sewer District and enables the ~istrict to comply with all industrial pretreatment program requirements set forth in npplicable State ond Federal laws. Permission to udvertise was grnnted on January 26, 2010 and notice was published in the St. Lucie News Tribune on Februcry 3, 2010, for n public hearing on Februcry 16, 2010, at which time the public henring was continued until April 20, 2010. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. O1-012 and uuthorize the Chairrrwn to sign the Ordirance. Respe ully submitted, Dnniel 5. McIntyra County Attorney ~SM/caf Attachment ORDINANCE NO. 10-012 aN OR~iNANCE AMENDiN6 CHaPTER i-20.5 "W~TER AN~ SEWER" OF THE ST. LUCIE COVNTY CODE AND COMPILE~ LAWS BY CREATIN6 ARTICLE VI "PRETREATMENT OF WASTEIMATER"; PROVIDIN6 A PURPOSE AN~ POLICY; PROVI~IN6 DEFINIl'IONS: PROVIDIN6 FOR APPLICABILITY: PROVIDIN6 FOR PROHIBITED DISCHAR6E STANDAR~S; PROVIDIN6 FOR PRETREATMENT; PROVIDIN6 FOR INDUSTRIAL WASTEWATER DISCHAR6E PERMIT; PROVIDIN6 FOR REPORTIN6 REQVIREMENTS; PROVIDIN6 FOR PROTECTION FROM DAMA6E; PROVI~IN6 FOR POWERS AND AUTHORITY OF INSPECTORS; PROVI~IN6 FOR ENFORCEMENT ACTIONS: PROVIDIN6 FOR PENAlTIES; PROVI~IN6 FOR NOTIFICATION REQVIREMENTS: PROVI~IN6 FOR CONFLICT; PROVIDIN6 FOR SEVERABILITY: PROVIDIN6 FOR FILIN6, ADOPTION, AN EFFECTIVE DATE AND CO~IFICATZON WHEREAS, the St. Lucie County Wnter and Sewer District ("District")owns, operates nnd controls wnstewater treutment nnd disposnl systems for the coliection, trnnsmission, treatment and disposnl of wastewater nnd wastewnter residunls ('WWTFs"); nnd WHEREAS, the District also owns, operntes and controls n wastewcter collection and transmission system which delivers wnstewnter to South Hutchinson Island Water Reclamation Fncility ("IWRF") owned, operated and controlled by the Fort Pierce Utilities Authority ('FPUA") for trenttnent and disposnl, pursunnt to the Agreement between Fort Pierce Utilities Authority and St. Lucie Cou~ty, Floridn, for Provisions of Bulk Water, Wnstewater and Reclaimed Water Service ("Bulk Service Agreement"); nnd WHERE/15, the ~istrict desires to comply with its Stnte of Florida Department of Environmental Protection ("~EP") operuting permits for its WWTFs nnd to comply with requirements of the Bulk Service Agreement wiTh FPUA, and regulations issued by the DEP nnd the United States Environmenta) Protection Agency ("EPA°) relnting to industria) dischnrges nnd wastewater pretreatment; and WHEREAS, the District deems this Ordinnnce necessnry for the henlth, snfety and welfare of the public nnd for the protection of the environment. Underlined posscges are added. -1- b?rnek-fi~roagk pcssages are deleted. NOW, THEREFORE, BE IT OR~AINED by the Board of County Commissioners of St. Lucie County, Flo~idn, ncting for and on behalf of the St. Lucie County Water and Sewer District: ARTICLE VI PRETREATMENT OF WASTEWATER PART A. CHAPTER 1-20 5"WATER ANC SEWER" IS HEREBY AMENDED BY CREATIN6 ARTICLE VI "IN~USTRIAL PRETREATMENT"' AS FOLLOWS: Scc. 1-20.5-79 Purposa and Policy The pur~ose of this Ordinance is to set forth uniform requirements for wnstewnter customers of the District and ennbles the District to comply with all industriai pretreatment progrnms ("IPP") r~uirements set forth in gRplicnble Stnte and Federal Inws. includina the Clean Water Act nnd Rule b-625 F A C(Pretreatment Requirements for Existinc and Other Sources of Pollution) and the IPP Ordinance of the FPUA The ob jectives of this O~dinnnce are: A To prevent the introduction of pollutants into the WWTFs and IWRF that will interfere with their operation; B To prevent the introduction of pollutnnts into the WWTFs nnd IWRF thct wi11 pass through the WWTFs and IWRF without adeqynte treatment and into receivina waters. or otherwise be incomQatible with the WWTFs nnd IWRF: C To ~,rotect WWTF dersonnel who ma~ be affected by the Wastewuter in the course of their employment; Q_ To promote ~euse and re~cle of biosolids from WWTFs: ~ To provide for the equitab{e distribution of the IPP costs and impncts to and on the WWTFs nnd IWRF: and ~ To enable the District to comRlv with its DEP permits and NPDES tiermit conditions sludge use nnd dis~osnl requirements and any other Federal or State laws to which the WWTFs cre subiect to co?rplv with the terms of the Bulk Services Aoreement, nnd to comRly with the terms of nnX other bulk wastewater treatment and disdosal careements entered into from time to titne by the District with third partv wastewater trentment nnd disposnlprovide~s ('Other Bulk Service Providers") for deliverv of wastewater Underlined pnsscges are ndded. -Z- ~fraek~ve~gk pessages are deleted. to the Other Bulk Service Providers wastewater treatment and discosal svsterns ('Bulk WWTFs"). Sec 1-20.5-80 ~efinitio~s. The followin~ definitions shall nQply to the provisions of this Ordinnnce: A. Act C'the Act") The Federal Water Pollution Control Act also known ns the Clean Wnter Act as omended 33 U S.C. 1251 et sea. B A~~roval Authority The DEP or its successor aQencies. C Authorized ReQresentntive of the Uscr. Eithe~: 1. The~resident vice-president secretary or treasurer, or nnv other person who~erforms similar policv or decision-making functions for the User if the User is a corRorntion: or 2, A aen~pnrtner mnnnger or proprietor if the User is n~rtnership, limited liability comdanv or sole proprietorship, res~ectivelv: or 3. The highest administrntive officinl nppointed or desiqnated bv a User to oversee the o~erction and ~erformance of the nctivities of the User. or his desianee. if the User is n Federnl Stnte or local Qovernmentul entitv; or 4 A dul,y authorized representative of the person designnted in Sections li) (2) or (3) above if such authorization is in writina the authorizntion soecifies the individual or ~osition re~ponsible for the overcll operntion of the fucilities from which the pischnr~e oriainates and the written authorization is submitted to the Control Authoritv. D Bixhemicnl Oxygen ~mnnd ("BOD") The qunntity of oxv4en utilized in the biochemicnl oxidation of organic mntter. ~ ~~ass The intentional diversion of wastewnter streams from anv ~ortion of an Industrial User's treatment facility. F Cnte~oricnl Industrinl User An Industriol User sub ject to Catec~oricnl Pretreatment Standards. C~. Cnt~~oricnl Pretreatment Stnndnrd Any reaulation containino Pollutant Dischnrge limits promu~nted I~y EPA in accordance with Sections 307(b) and (c) of the Act Underlined passages nre added. -3- ~atrnelr~hroegk pnssnges are deleted. (33 U 5 C 1317) which gpoliers to a specific cntegory of Industrial Users nnd which ac~ear in 40 CFR Cha~ter I Subcha~ter N Parts 405-471, as nmended. -~I. ~R Code of Federal Reoulutions. as amended. I Chemicnl Oxygen ~emnnd ("COD") A measure of the oxyaen eauivalent of that ~ortion of the oronnic mntter in n water snmale that is susceptible to oxidation v a strona chemical oxidant. Control Authorit.~? The District nnd/or the FPUA or other Bulk Service Providers. as npplicnble. LC. Dz~rtment of Environmentnl Protection ("DEP"). The ~ecartment of Environmental Protection of the Stnte of Florida. ~ Dischcr~c To deposit .plnce emit unloud release or cause or allow to be disposed of deoosited plnced emitted. unloaded, or released. Uj~. ~omestic Wnste Any su~erfluous solid liquid o~ c~nseous materinl derived principally from the use of scnitarX conveniences of residences (includina ncnrtments ; wastewnter ~roduced from n noncommercial or nonindustrial source. N District The St Lucie County Water and Sewer District. O. Emironmentnl Protection Agenc~r ("EPA") The United Stntes Environme~tal Protection Agencv. P. Existina Source Any source of Dischar~e the construction or operntion which commenced ~rior to the publication ~,y EPA of ~ropcsed Categorical Pretrentrnent Stnndnrds Q F A C Florida Administrative Code. ns nmended. R. FPVA The Fort Pierce Utilities Authoritv. 5 6rnb SnTples A sample which is taken from a waste strenm without reoard to the flow in the waste st~eam and over a period of time ~ot to exceed fifteen (15) minutes. T. Indirect Discha~; The introduction of Pollutnnts into the WWTFs. IWRF or other Bulk WWTFs from ar~.non-domestic source regulated under sections 307 (b). (c). and Ld~ of the Act and Chupter 403. Florida Statutes. Underlined passuges are ndded, -4- ~trnelrfl~ee+gk passages are dekted. U, Industrial Uscr ~'IV") AnX User dischnrgi~g industrinl wostewnter into the WWTFs IWRF or Bulk WWTFs. V. Industria?I Wnstewater Food waste other waste or anv suderfluous solid. li~c uid or gaseous mnterial resultinq__from mnnufacturina industrial or commercinl ~rocesses. or from natural resource develo~ment recovery or arocessino. W. Industricl Wnstewnter Surchnrge An ndditional service charae nssessed aaainst Industrinl Users whose wastewater characteristics exceed established surcharae iimits• Industrinl Wnstewnter Dischnroe Parmit ("Pennit") Written nuthorization from the Control Authority to dischnrge industrial wnstewater to the WWTFs. IWFR or Bulk WWTFs settina certein conditions and/or restrictions on such Discharae. Y. Instnntnneous Maximum Allowable ~ischnrae Limit The mnximum concentration of a Pollutnnt nllowed to be dischnrged at any time determined from analvsis of nny discrete or com~osited sam~le collected independent of the industrial flow rnte and the durntion of the snmpling event, Z. Znterceutors (se~ntors ~rense trnps) Any device desianed and installed to se~nrate nnd retain floatable deleterious hazurdous and/or undesirnble matter from sewage or liquid wnstes and to dischnrge into a WWF bv Qravitv. AA. I~terferenee A Discharae which Qlone or in conjunction with a Dischnrae or pischarges from other sources. both: 1. Inhibits o~ disrupts the WWTFs IWFR or Bulk WWTFs, their treatmen~rocesses or o~erations or its domestic wastewater residunls erocesses. use or disposal; nnd 2. Is a cause of a violntion of an~ rec~uirement of the NPDES de~mit held bv the Control Authority (includir~ an increase in the maanitude or durntion of u violntion) or prevents use or disRosal of domestic wnstewater residunls in com~liance with locul regulntions or rules of DEP Cha~ter 403 Florida Statutes nnd all aoolicable Federal Iaws. BB. Mtdical Waste Wnstes including but not limited to, isolntion wastes. infectious agents human blood nnd blood ~ydro~pnthological wastes. sharos. bodv narts. fomites etiologic a~ents contaminated bedding suraical wnstes potentiallv contaminated Iaborntor~wastes and dialysis wastes. Underlined passages are added. -5- ~#rnek~hretlgF? passages are deleted. CC. New Source. 1. Any buildirw structure facility or installation from which there is or may be n Discharge of Pollutants the construction of which is commenced after the Rublication of proposed Pretreatment StnndQrds prescribed under Section 307(c) (33 U.S.C. 1317) of the Act which will be aQpliccble to such source if the stnndards nre thereafter promulgated in nccordance with thnt Section. provided that: n. The buildin_g structure facility or installation is constructed ot n site at which no other source is located: or b. The buildin~ structure fucilitX or instnllation totally replaces the process or R~oduction equi~ment that causes the Discharge of Pollutants at cn existina source: or c. The ~roduction or wastewater generating processes of the building structure fncility or installation are substantinlly independent of nn existino source at the snme site In determining whether these are substantinlly independent. factors such ns the extent to which the new facilitv is inte4rnted with the existi?iu plant, and the extent to which the new facilitx is enaaoed in the same genernl type of activity as the existing source, will be considered. 2. Construction on a site at which an existing source is locnted results in a modificntion rather than a New Source if the construction does not create n new buildinc. structure facility or installation meeting the criteria of pnrngrnph (1) fb) or (c) above but otherwise nlters re~laces or ndds to existing process or production eauioment. 3 Construction of Q New Source as defined under this paragrcph has commenced if the owner or operntor has: g. Begun or cnused to be iq n as part of o continuous onsite construction program. Li,~ nnv dlacement assemblX, or installation of facilities or ~uibT or ii sianificant site pre~aration wo~k including cleuring, excuvation or removal of existingbuildinas structures or facilities which is necessary for the ~Iacement nssembly or instnllation of New Source facilities or eauipment; or Underlined passages are added. -6- ~trdek-f#~rengh passages are deleted. b. Fntered into a binding contractual obliantion for the purchnse of facilities or equicment which are intended to be used in its operation within n reasonable time. O~tions to~urchase or contrncts which can be terminated or modified without substnntinl loss and contracts for fensibility e~ineerina an~ d desiqn studies do not constitute n contrnctual obligntion under this pnrogrnph. Qpj Non Contact Cooling Water Wuter usage for cooling which does not come into direct contact with aX raw tnaterial intermedinte product waste product or finished product to which the only Pollutant added is hent. NP~ES Permit A~ermit issuedpursuant to Section 402 of the Act (33 U.S.C. 1342 . ~ Pcss Thra~h A Discharqe which exits the WWTFs. IWFR or Bulk WWTFs into the wnters of the State or of the United States in quantities or concentrations which alone or in con~unction with n Dischnrc~e or Dischnrges from other sources. is o cnuse of a violution of any regulator~requirement of the WWF's NPDES pe~mit (includin4 an increase in the maqnitude or duration of a violation). G6 Person Individunl cor~orotion firm comcnny joint venture. pcrtnershi~, sole proor_, ietorsh~ association or nny other leaal business entity anv stnte or ~oliticnl subordinate thereof anv munic~alitX anv interstcte body nnd nny de~artment. n4encv. or inst~umentality of the United Stntes cmd a~ officer agent or emplovee thereof. and anv oraunizedgroup of ~ersons whether incorporated or not. 3~H, pH The lognrithm of the reciprocnl of the hydrogen ion concentration. The concentration is the weiaht of ~dro~en ions in grams per liter (a/L) of solution. II. Pollutnnt An~drec~qed spoil medicnl wnste solid waste. incinerator residue. gnrba~c e slud~e munitions chemical wnstes bioloqicnl materials rndioactive materinls, heat, wrecked or discnrded eguioment rock snnd cellu~ dirt and industrinl, municioal. and aariculturnl waste discharged into water. ~ Pretrantment The reduction of the amount of Pollutnnts, the elimination of Pollutants or the nlteration of the nature of Pollutant properties in wastewnter nrior to or in lieu of dischnrgina or otherwise introducing such Pollutunts into the WWTFs. IWRF or Bulk WWTFs The reduction or nlterntion mav be obtained by physical, chemical or biolooical processes process changes or by other means except as prohibited by Rule 62-625.410(5). E A C A~prQpriate Pretrentment technology includes control equipment such ns eaualizntion tnnks or fncilities forprotection ngainst suraes or Slug Dischnrges that miaht interfere with Underlined passages are added. -7- ~#reek~-#~+reegh pnssnges are deleted. or otherwise be incor~,patible with the wastewater facilities However. where wnstewnter frorn a re~ulated process is mixed in an ec~uolization focility with unreaulcted wastewater or with wnstewnte~ from another rea~d_process the effluent from the eaualization fncilitv must meet an nd justed Pretreatment limit calculnted in nccordance with Rule 62-625.410(b). F•A•C• ~ Pretrentment Re.quiremu~t Any substnntive or procedural reauirement relnted to Pretreatment other than a Pretrentment Stnndnrd imposed on nn I~dustrial User. L~ Prctreotment5tandnrd ForanvsdecifiedPollutant theprohibitive~ischnrae Standards as set forth in this nrticle the Stute of Florida's Pretrentment Sinndards, or the [~btionnl Cntegoricnl Pretreatment Stnndards whichever standnrd is the most strinaent. AI~A Prohibited Dischnroes Absolute ~rohibitions against the dischnrge of certain substances. NN. RCRA Resource Conservntion and Recovery Act. 00. Sewage Humnn excrement and gray wnter (household showe~s. dishwashin4 operations, etc.). PP. Sewer Means a Ripe or conduit designed for carrying or trnnsmittin~ wastewater including but not litnited to qravity sewers force mains nnd low pressure meins. Q,~ Significant Industrinl User Exce~t ns provided in (3) below. means the ollowin : ~ An Industrial User sub ject to Categorical Pretrentment Standnrds under Rule 62-625 410 F A C nnd 40 CFR Chgpter I Subchapter N which hns been udoeted bv reference in Cha~ter 62-660. F.A.C.; or ~ An Industrial User that: ~ Discharges nn nverage of twentx-five thousnnd (25.000) Qallons_ per day (gpd) or more of process Wnstewater to the WWTFs. IWRF. Bulk WWTFs. Lxcludirx~ domestic wastewater Non-Contnct Cooling nnd boiler blowdown Wastewater): or ~ Contributes a process waste stream which makes up five (5) percent or more of the nvernae dry weather hKdraulic or organic capacity of the WWTFs. IWRF or Bulk WWTFs; or Underlined pnssages are added. -8- ~a-~;rree~Ft passuges nre de{eted. u Is desionated ns such ~ the Control Authoritv on the basis thnt the Industrinl User has a rensonnble~otential for adverselv affectina the WWTFs. IWR or Bulk WWTFs' operation or for violnting nny Pretreatment Standard or Reauirement in cccordance with Rule 62-625 500(2)(e). F.A.C. u Upon a finding that nn Industrinl User meeting the criteria in Subsection L) nbove hns no rensonable potentinl for adversely affectina the WWTFs' IWRF's or Bulk WWTFs' operation or for violatin~ anv Pretreatment Stundard or Reauirement, the Control Authority mny at anX time on its own initintive or in ~esponse to a petition recerved rom an Industrinl User nnd in accordnnce with Rule 62-625 500(2)(e) F A C determine that such Industriul User should not be considered n Significnnt Industrial User. RR. Significnnt Noncompliance ("SNC") Any one or more of the followina: 1. Vio{utions of wastewnter Dischnrge limits: a. Chronic violations Sixty-six (66) percent or more of the measurements exceed the same dail~maximum limit or the snme avercoe limit in a six (6) r~onth oeriod (anX maanitude of excess). b. Technicnl review criteria (TRC) violations Thirtv-three (331 Rercent or more of the measurements exceed the same dailv maximum limit or the same avernoe limit b,~ more than the TRC in n six-month ~eriod. There are two~roups of TRCS: Group I for conventional Pollutnnts (BOD T55, fats. oil. and grense) TRC = 1.4 Group II f or nll other Pollutnnts TRC = 1.2 j Any other violation(s) of cn effluent limit (avernge or duilv maximum) thnn the Control Authority believes has caused alone or in combination with other pischar~es Interference (e c Slug loads) or~nss-through• or endanaered the henlth of the sewnae treatment nersannel or the public. d Any dischorge of n Pollutant that hns cnused imminent endQngerment to human health/welfare or to the environment nnd hns resulted in the Control Authorit~exercisirw it~~enc~authority to halt or prevent such n Dischnrqe. Underlined passages are ndded. -9- ~#welrtM~edgh passages are deleted. 2. Violntions of cotnDlinnce schedule milestones contained in a dermit or enforcement order for starting construction completing construction and attninina finnl complinnce ~ ninety (90) d~s or more nfter the schedule dnte. 3. Failure to~rovide re~orts for compliance schedules self-monitorina datn o~ Cateaorical Stnndards (baseline monitorin4 reports ninetv-dav co?noliance redorts. and periodic r~rts) within thirty (30) days from the due dnte. 4. Failure to nccurntely re~ort non-compliance within thirtv (30) davs of its occurrence. 5. Anv other violntion or groyp of violations that the Control Authoritv considers to be significnnt. ~ Sludge Anv solid or semisolid waste genernted from u munici~al. commercinl. or industrial wastewater treatment~lnnt wnter supply trentment dlnnt or nir pollution control facilitx exclusive of the treated effluent from n wastewnter t~eatment ~lant. TT. Slug Anv non routine discharae of water wastewcter or industrial wnste at a flow rate or concentration which could cnuse interference with the WWF nnd a violation of the Prohibited Discharge Stnndnrds in Sectiont-20 5-82 of the Code. UUj Standard Industrinl Classificntion C'SIC') Code A classification cursunnt to the Stnndard Industrial Clnssificction Manucl issued by the United States O ice o Manaoement nnd Budget. VV. Storm Wata~ Any flow occurring duri~ or followina any form of naturol precipitation and resulting from such precipitation. V~/Wj ~s~ended Solids The totnl suscended matter thnt floats on the surface of. or is sus~ended in wate~ wastewater or other liquid and which is retnovable bv laborato~r ilterin . XX. ~set An excedtion incident in which there is unintentional and temdornrv noncom~linnce with Pretreat~nent Stnndnrds becuuse of factors bevond the reasonnble control of the Industriul User. YY. Usar A wastewnter utilit~customer of the District. Underlined passages are added. -1~- ~k-~hrongF+ pnssages are deleted. ZZ. V,Instcwctar L~uid nnd water-carried industrinl wastes and sewnae from residenticl dwellinas commercial buildings industrial medicul and manufncturina facilities, nnd institutions whether t~eated or untrented which are dischar4ed into n WWF. AAA. :?nstewnterFncilityS'WWF'~ Collectively theDistrict'sstructures.sewers. ~uioment nnd~rocesses reauired to collect cnrry away and transmit wastewater nnd the WWTFs IWRF and Bulk WWTFs, ns n~~licnble. Sac. i -20.5-81 Aoolicnbilitv. This Ordincnce shnll npolv within the boundaries of the District. und the use of or dischnrqe into the WWTFs IWRF o~ Bulk WWTFs by any User The deliverv of wastewater to District's wnstewater collection nnd transmission system is conclusive ~roof of ncce~tance of nnd submittal to the iurisdiction of the Code. Sec i-20.5-82 Prohibitad Diuhcrge Stcndnrds. Users shnll not discharqe Pollutants into the WWF unless in accordance with the Code. A. Discha~e Prohibitions No User shnll Dischorge into the WWF anv Pollutnnt. Wnstewater or Septic Tank Wnste which may cnuse Pnss Thraugh or Interference with the o~eration or~erformance of the WWF. No User shall discha~ge inta the WWF any of the followin4~ 1 Toxic or Roisonous substances chemicnl elements or compounds. taste or odor producin~c substances or anv other substances which nre not amennble to trentment or reduction by the wastewnter treatment processes employed bv the WWTF. IWRF or Bulk WWTF Toxic Pollutnnts shnll include but not be limited to any Pollutant identified cursunnt to 40 CFR Part 116 (4). 2. t`oxious or mnlodorous solids liquids or gnses or other wnstewater which either singlv or ~ interaction with other waste or wastewnter (n) are cunnble of creating._public nuisance or hazard to human or animnl life (b) nre or mav be sufficient to Rrevent entry into n Sewer for its mnintenance inspection or reoair or c mav create anv haznrd in the receiving wnters of the WWF. 3 ~iquids solids or gases which by reason of their nnture or qunntitv are or muy be sufficient either alone or bX interaction with other substcnces to cnuse fire or explosion or be injurious in a~ other way to the WWF or to its o~eration. Prohibited Underlined pnssages cre added. -11- 5#wek#hrengk passages are deleted. materials include but are not fimited to petroleum oil and non-biodearndable cuttin4 oil. Pollutants with n closed cuQ flashQoint of less than one hundred fortv (140) dearees Fahrenheit [sixtv (60) degrees Centigrade] using the test method specified in ASTM Standard ~ 93 79 or ~-93-80k or ns sdecified in ASTM Standard ~-3278 nnd Pollutants which cause nn excess of ten (1O1,.pe~cent of the lower ex~losive limit (LEL) at nny point in the WWF Soecific ~roducts include but are not limited to: gasoline. kerosene. fuel oil. motor oil na~htha benzene toluene xylene ethers alcohols ketones nldehvdes, neroxides. chlorntes,,,perchlorntes brotnates carbides ~drides and sulfides or anv other substnnce which the Control AuthoritX the Stnte of Florida or its subdivisions and a4e~cies. or nnv federul aQency has dete~mined is a fire hazard or n haznrd to the WWF. 4. Radioactive wnstes o~ isotopes of such half-life or concentrntion ns mav exceed limits established by reaulntions within the F A C issued by the Floridc ~eoartment of Health and Rehabilitotive Services and which will or may cause dmm~ae or haznrds to the WWF or its oderatinq,.personnel. 5. Storm wnter surface water groundwater nrtesinn well water, roof runoff subsurfnce drainnge swimming dool Discharges uncontaminnted coolin4 wnter, unpolluted Industrinl ~rocess waters nir-conditionina condensate unless specificallv authorized by the Control Authority in writing. 6. Domestic Wastes from septic tanks portnble toilets. on-site wastewater systems or other similar facilities unless npproved by the Control Authoritv in writina. Such ischarges shnll onlX be mnde nt a site n~proved by the Control Authoritv. 7 Mineral oil in excess of one hundred 1100) mg/L or animal/vegetnble fats wax ~rense or oils in excess of seventh-five (75) ma/L whether emulsified or not; or substances which m~so{idifX.or become viscous at temperatures lowe~ than or eaual to one hundred f ift~(150) de rees 150 degrees Fahrenheit). S. All trucked or hauled Pollutants nre prohibited except at ~ischarge points designated by the Control Authoritv. 9. Inert sus~ended solids (such as but not limited to. Fullers earth. lime slurries and lime residues) or dissolved solids (such as but not limited to. sodium chloride and sodium sulfate) in such concentrntions as to Pass Through or cause Interference with the operations of the WWF. Underlined passages are added. -12- 5#welri~+rengi+ passages are deleted. 10. Wnste or Wastewnter hnvin~ apH lower than 5 exhibitina cnv corrosive pro~erty which either singly or by interaction with other wastes is cnpable of cousina dnmaQe or hnzcrd to structures processes e~uidm~personnel of the WW . , 11. Waste or Wastewater hnvingn pH higher than 10 which either sinolv or ~ interuction with other wastes is cn~able of causirw damnge or hnznrd to structures. processes e~uioment or oersonnel of the WWF. 12. BOD COD or chlorine in such concentrntion nnd/or f low as to constitute n sianificnnt lond on or shock to the WWF or cause Interference. 13. Volume of flow or concentrations of wastes constituting "SIT defined herein. 14. ~ iquid or vnpo~ hnvin~ n tempernture hi~her than one hundred thirtv degrees Fuhrenheit(130° F~ which will inhibit biologicnl activity in the treatment olant ~esulting in Interference or thnt causes influent temFerature to the WWF to exceed one hundred four deorees Fahrenheit (104° F) except where higher tem~eratures are reauired b,X Icw. 15 Solid or viscous substnnces in such~uantities or of such size as to be capcble of cnusing obstruction to the flow in a Sewer or other Interference with the ~rooer o~eration of anx connected system such as but not limited to: ordinances areater than one- hnlf (3) inch in nny dimension grense uncomminuted food wnstes. anitnnl entrnils or tissues. Rnunch manure bones hair hides or fleshinas whole blood. fenthers. ashes, cinders. snnd. ~ent lime stone or murble dust metal alnss struw shovings. grass clippirws, raas. scent grnins or hops wnste~acer wood Rlastics rubber stoppers. tar asphnlt residues from refininc or~rocessing of fuel or lubricatina oil gnsoline nophthn and similnr substances either whole or ground. 16. Excessive discoloration which cnn not be removed by the treatment process such as but not limited to dye printing wnstes and vegetnble tannirw solutions which ir~parts color to the WWF effluent thereby violnting the NPDES permit held by a Control Authori 17 Medical Wostes exce~t as s~ecificully nuthorized by the Control Authorit~ in writing. 18 Deterqents surfcce-active agents. or other substances which may cause excessive fonmin~ in the WWF. Underlined passages are added. -13- ~raek-thra~gFt passages are deleted. 12, Anv~s.ludges screeninas or other residuals from the Pretreatment ~ industrial wastes. 20. Toxic aases vadors or fumes in n quantitv that mnv cause ncute worker henlth and sa e roble s. 21. Wnste or wastewater that contains more thnn two thousand (2.000) oam totn_ I solids. 22 Water or wnstewater thnt contnins substances in excess of the standnrd stren~th for wnstewnter as defined: Stnndnrd strength Maximum nllownble B.O. . 250 ma/I 1.000 ma/I Su~ended solids (55) 250 ma/I 1.000 m4/I B Com~licnce With Nnt'oncl nnd Locnl Stnndnrds It shall be unlawfu) for nnY Rerson to Dischar~e any Pollutnnt into the WWF exce~t when the such Discharae is m comRl.innce with federnl stnndards promulgated ~ursuant to the Act, and nrn other more strin~ent state and iocal standards Wnstes contninina concentrations in excess o the Nntionnl Cateoorical Pretreatment Standurds nre prohibited. ~ Loca~ pretrtotment Stnndnrds Any wastes contninino concentrations in excess of the followina Local Pretreatment Standnrds nre orohibited: MAXIMUM ALLOWABLE CONCENTRATION DURIN6 PARAMETER A 24-HOVR PERIOD (ma/L) Aluminum 16.0 Ammonia 50.0 Antimony ~ 2 Arsenic 0.34 Bnriu 3_0 Beryllium 8=8 Biochemical Ox~qen Demnnd (BOD~ 250.0 Bismuth 0.05 Cnd iu 0.32 Carbonaceous Biochemicnl Oxygen Demand (CBOD)s 400.0 Chloride 600.0 Underlined pnssayes are added. -14- ~*rnelt~hred9h Passages are deleted. Ghemical OxXgen Demnnd (COD) 12•~ Chromiutn 30.00 Cobalt 10 Co er 3.110 C~anide 0.58 ~anide Amendnble to Chlorination 0.5 ~drogen Sulfide 10.0 Iron 10.0 Lead 0.74 n an 1=~ Mercu 0.06 Mo~bdenum 0.80 Nickel 2.57 Oil_ nnd Grense 75.0 Petroleum Hvdrocarbons 15.0 ~H Ltnndard Units) 5.0 - 10.0 Phenol 5_0 Phenolic Compound 0 5 Selenium 1.99 i Iver 3.17 Strontium ~=2 Tet~perature LFl 130.0 Tin 0_b Total Sus~ended Solids 250.0 Zinc 2.67 The above limits a~plv~e~oint where the Wastewater is discharaed to the WWF. The Control Authoritv mav ir~tpose mnss limitntions instantaneous maxirttum limitations maxi um monthl~nveraae values or maximum four (4~ dny averaae vulues in addition to. or in alace of the limitations listed ubove. Q, Riaht of Rcvision The ~istrict nuthorizes FPUA and each Other Bulk Service Provider to estnblish ~ Ordinance or in Permits more stringent (imitations or reauirements on ~ischarges to the WWF if deemed necessar~ und such more strinaent limitntion or requirements shall be nutomnticall~ incor~orated into nnd mnde n part of the Code. ~ ~ilution No User shall ever incrense the use of process water. or in anv wav ntter~pt to dilute a Discharge as a~artiul or cot4plete substitute for adeaunte treatment to achieve comdliance with the limitctions unless expressly authorized bv nn ad~licable Federal Cate~orical Pretreatment Stnndard or in nnv other Pollutant-soecific limitntion develoded bv Underlined passages are added. -15- 3#rne~rii~rongh pessuges are deieted. the State The Control Authoritv mw impose mass limitutions on Users which cre usina dilution to eet n licnble Pretreat ent Standard or Re uire ents or m other cases when the i osition of mnss limitntions is a~droorinte. ~ Septic Tnnk Wnste Haulina. 1. ~eptic Tank Waste may be introduced into the WWF onlv at nn ac~roved seRtic receivir?c~ station located ut n WWF as crovided below 2. An~ Septngg Hauler shall hcve a Dischar4e oermit issued under conditions sp.gcified in Section 1-20 5-84 of the Code. 3, No hauled load mny be dischar4ed w~ t prior written consent from the Control AuthoritX Snm~les may be collected from ench loud to ensure comnliance w~th ap~licable stnndards The SeRtnae Hnuler mav be required to ~rovide wnste nnalvsis o an loud arior to dischnr4e. 4. Sgptn~e Haulers must Rrovide a wnste trackina form for everv load. The ~or nall include at a minimum the name and address of the waste hauler, aermit number. truck identificntion names nnd nddresses of sources of waste volume and chnrncteristics of waste This form shall identifX the type of industrv known or suspected waste constituents and whether a~ wastes nre RCRA hazardous wastes. G. Control of discha I an~ulnstes or Wastewnters cre dischar4ed, or are Qro~osed to be discharged to the WWF which contnin the substa~~~ or oossess the characte~istics enumerated in Section 1-205-82 as prohibited by the Code, does not meet ~plicuble Pretreatment Standurds and ReQuirements nnd/or which mav have a deleterious effect ypon the WWF its Rrocesses equipment or receivin~ wnters o~ which otherwise crente a hazard to life or constitute a~ublic nuisance the Control Authorvtv mnv; 1. Re ject the wastes or denv o~ condition the introduction of New Sources of Wastewater to the WWF: or 2. Require the User to demonstrnte that in-plant improvements will modifv the Discharae to such n dearee as to be ncce~tnble: cnd/or 3. Req.,uire Pretrentment of the User's Dischnrge to ensure comRlinnce with this Ordinance: and/or Underlined possages are added. -16- &Iraeki~+roe~gk Passa9es are deleted. 4. Require onvment of nn industrial waste surchnrae to cover the ndded cost of hnndlirw nnd~ tin~ excess londs it~pposed on the WWF bv such Dischnrae. Ad~roval oT industrial wnste surcharges for the recovery of treatment costs does not realnce or S~persede the rec~uirements for Pretreatment facilities should thev be found necessary ~ the Control Authoritv. Sec 1-20.5-83 Pretrcatme~t. A. Pretreatment Facilities Users shnll provide Wnstewater treatment as necessary to comRly with this Ordinance nnd shall nchieve comdliance with nll Cateaorical Pretreatment Stnndards local limits and the prohibitions set out in This Ordinance withm the time limitntions s~ecified b~~PA or the State of Floridn whichever is more strinQent. Anv Pretreatment facilitar shnll be provided o~erated nnd maintnined at the User's sole co t nnd ex~ense Detailed ~Inns pre~ared ~ a registered en4ineer in the Stnte of Florida describinq such facilities and ~erntina o~ocedures must be approved in w~itina bv the Control Author~tv before such fncilities are constructed The review and approval of such olans and ouerntma procedures shall not relieve the User from the res~onsibility of modifvinc~ such fncilities as necesscr~ to~roduce a Dischnrge in compliance with the Code. 6. Additionnl Pretreatment Mcnsures. 1. Whenever deemed necessarx the Control Autho~ity mav reauire Users to restrict their Discharae durin~peak flow oeriods designate thot certnin wastewater be dischur~ed on~ into stiecific Sewers relocate and/or consolidnte uoints of dischnroe. se~arate Sewa~e wnste streams from industrial wnste streams and such other condifions as mav be necessarv to protect the WWF and determine the User's comdliance with the requirements of the Code. 2. The Control Authoritv m~ reauire nn~r person discharqir?u into the WWF to instnl) nnd maintnin on their ~ro~erty nnd nt their sole cost and exoense. a suituble storage and flow cont~ol facilitXto ensure equalizntion of flow A Permit mav be issued solelv for flow eguclizntion. 3. Grense oil and snnd interceptors shall beprovided when. in the ooinion of the Control Authority thex nre necessary for the proper handlina of wnstewater containina excessive amounts of arease and oil or sand• excedt that such interceotors shnl! nat be required for residential Users All interception units shall be of tv~e nnd ca~atcitv naaroved in writino bv the Control Authority nnd shall be instulled nt n location on the premises to be ensily accessible for cleaining and inspection Such intercectors shall be Underlined pcssoges are added. -17- ~~;Ta-~nrenglt passnges are dcleted. ins~,ected clenned nnd rg,paired reaulurly as needed bv the User et their ex~ense. Users shall ,~rovide all reports of interceptor mainte~nnce as reauired bv the Cont~ol Authoritv. 4 Users with the~otenticl to dischnrae flammable substnnces shnll be required to install nnd maintnin nn a~droved combustible aas detection meter. C, Accidentnl Discha~e_ /Slu~ Control Plans At least once every two (2) venrs. the Control AuthoritX shall evnlunte whether to reauire each User to ndodt an nccidentnl Discharge/Slua control~lan Alternatively the Control Authoritv mw develod such a fllnn or onx User. An accidentnl Dischnrge/Slug control plan shall address, at a minimum, the ollowin : 1. Description of Dischnrge ~rnctices includin4 non-routine batch Dischur~es: 2 Descr~tion of all stored chemicnls; 3. Procedures for immedintely notifvinct the Control Authoritv of anv nccidental or Slug D+schnr4e in nccordance with Section 1-20 5-85 of the Code; nnd 4. Procedures to prevent ndverse ir~pact from nny nccidentcl or Slu4 Qischarge Such~rocedures include but are not limited to insdection und mnintenance o stora~e arens handling und trnnsfe~ of materials locdino and unlondin4 ooerations, control ~Rlnnt site runoff worker trainina building of contninment st~uctures or eawdment. measures for contninina toxic or~anic Pollutants including solvents nnd/or meaisures and e~c uidment for emeraency response. Sec. i-20.5-84 Industrinl Wnstewater ~ischnrge Pannit. A Apclicntion or ~ischarga Parmit. 1. No Industrial User shall dischnroe wastewater into the wastewater facilitv without first adelving for n Oischarge Permit The Control Authoritv mnv reauire all other Users to obtain Permits as necessarv to carry out the puraoses of this Ordinance. Anv violation of the terms and conditions of a Permit shull be deemed a violation of the Code nnd shall su_bject the~ermittee to sanctions set out in Sections 1-20 5-88 and 1-20.5-89 of the i,ode Obtainin~ n Permit does not relieve a Qermittee of its obliaat+on to comdlv with all Federal nnd State Pretreutment Stnndnrds or Requirements or with cnv othe~ reauirements of Federal State. nnd (ocal Iaw. Underlined passages are added. -18- btrnelt~throe~gk passages are de{etcd. 2 Allprosoective Industrinl Users must submit to the Control Authoritv the nnolicntion fee nnd information on the nature and charncteristics of their wnstewnter bY cor~pletin~ a Permit n~dlicntion / wastewQter survey nt leQSt one hundred and ninetv (190 da~,s orior to the date ypon which an~Discharge will bec~in The Control AuthoritY_is outhorized to~repare u form for this purRose nnd m~ periodicnllv reauire Users to uddnte the survev Informntion to be~rovided with the survey mav include descriution of the industrial activity s~ecifications of the constituents inherent to the drocesses and wastes identification of the wastewater chnracteristics plumbina diaarams locct~on of samolina points number of emQlovees and hours of ooeration cnd anv other information deemed necessn~ b,y the Control Authori~ to evaluate ihe permit apolication Fnilure to comclete this survey shnll be reasonable grounds for terminating service to the User and shall be considered a violation of the Code. 3. Within sixtv (60~ dws of receipt of a complete Permit ndclication. the Control Authoritv will determine whether or not to issue a Permit The Control Authoritv mav deny any adalication for n Permit. B A~~licction Sianntories nnd Certificntion All Permit np~licctions nnd User reRortin~ must be sianed by un authorized representntive of the User and contnin the following certification statement: . 'I certif~ under ~enalt,x of luw thnt this document nnd ull attnchments were prepared under my direction o~ supervision in nccordance with a svstem des~ned to nssure that oualified personnel ~roper~ anther nnd evaluate the informntion submitted Based on rp,y inqyirv o~person or persons who mnnage the svstem or those persons directlv resdonsible for gatherin~ the information the information submitted is. to the best of r~y knowledge and belief true nccurcte. ond comdlete. I am uware that there are sig„nificnnt R,enalties for submittin4 fnlse informntion i~cluding the ~ossibility of fine and i ~prisonment for knowing violations." All Cateyorical Industrinl Users must comply with the signatory reauirements of Rule 62-625.600(il) F.A.C. Underlined passages ure udded. -19- ~firaek-~Ixee~gh passages are deleted. C Parmit Issunncc Process. 1. Permits shall be ex~resslx sub1ect to all provisions of this Ordinance and all o=Rp~~cnble reoulations The cost of said ~ermit shnll be incurred bv the User in accordnnce with the fee schedule ns set forth in Section 1-20 5-89 of the Code. 2. Permit duration shnll not exceed five (5) yenrs from the date of issuance nnd u~on expiration of same a renewal R.ermit m~ be issued which shalt be ef ective or an additional f ive (5) vears~rovided thnt the conditions of the existina ~ermit have not chanaed and the a~TRriate renewal fees have been paid The permit shall be displan~ed bv the User in a locntion at th~ermitted fncility so ns to be seen and read bv the aenera) ~ublic. 3. Permits shull contain at n minimum the followina conditions: n. A statement that i~dicates Permit duration; b. A statement of non-trnnsferability; c. Pretreatment Standards nnd eff luent limits nd~licable to the User based on npplicable sta~ndnrds in Federal State and locnl Inw; d. Self monitori~ snr~pling, reporting notificntion. nnd record keepi~g re~uirem nts to include identification of Pollutantfs) to be monitored. snmple location(s) sample freauency. and samale tv~e: e. Statement cf nQplicable civil criminal nnd ndministrntive . penalties for violation of Pretreatment Standards nnd Reauirements. 4. Permits mav contuin the following additional conditions: n. The unit char,ge or schedule of User charqes and fees for mnnagement of the wastewater to be discharaed to the WWF; b. Limits on the instnntaneous dnily tnonthly nverage and/or four (4) d~ mnximum concentration mass or other mensure of identif ied wastewater constituents and characteristics: c. Litnits on the avernge and/or maximum rate nnd tirne of dischnroe and/or reauirements for flow regulntions and eaualization: Underlined passages are odded. -20- 3trnek-~Fhre~F? passages ore deleted. d. Re4uirements for installation and maintenance of insoection ~ncilities and flow meterinq and snmpling equi~T t: e. Requirements for the instnllntion of Pretrentment technoloav. pollution control or construction of ao~ropriate containment devices, desio~ed to reduce. eliminate or prevent the introduction of Pollutants into the WWF: ~ Develoament and implementation of spill control plans or other specinl conditions includingtnann~ement ~ractices necessary to ndeauatelv orevent accidental, unanticipated or routine Dischar4es: ~ Development and imdlementation of wnste minimizntion plans to reduce the amount of Pollutants discharged to the WWF~ h. A statement that compliance with the Permit does not relieve the permittee of responsibility~or compliance with all applicable Federnl and Stnte Pret~eatment Stcndnrds including.,those which becotne effective during the term of the Per~nit; i. Other conditions as deemed ad~priate bX the Control Authoritv to ensure complinnce with the Code nnd Federal and State lows, rules, nnd reaulations. D C~plinnca Schedules If ndditionnl P~etreatment nnd/or oderation and maintennnce will be reauired to meet the Pret~eatment Standards. the User shall submit to the Control Authorit~ for ao~roval und incor,~orntion in the permit the shortest schedule bv which the User is to provide ndditional Pretreatment The completion date in this schedule shall not be later thnn the comQl_innce dnte established for the n~clicable Pretrentment Standards The complinnce schedule shall meet the requirements set out in Section 1-20.5-85 of the Code. ~ Permit Trnnsfcr Permits nre issued to Q specific User for a sdecific o~erntion. A Permit may not be reass~ned transferred or sold to a new owner or new User unless the permittee~ives at lenst ninety (90) duXs advnnce written notice to the Control Authoritv and the Control Authorit~ nddroves the Permit trunsfer The notice to the Control Authoritv shall include n written certification bx the new owner and/or User that: 1. Stntes that the new owner nnd/or User hns no immediate intent to change the facility's o~erations and processes; 2. Identifies the specific date on which the transfer is to occur; Underlined pnssages are added. -21- ~1~h~k passoges are deleted. 3. Acknowled~es full res~onsibilitX for cotnplying with the terms nnd conditions of the existi~u permit. Fnilure to Qrovide ndvnnce notice of n trcnsfer renders the Permit voidnble on the date of facilit.y trnnsfer. ~ Pcrmit Modification Permits may be modified by the Control Authoritv for good cause including, but not limited to the followinc~: 1. To incorporcte any new or revised Federal State or locnl P~etrentment 5tandnrds or Requirements; 2. To address si~nificant clterations or additions to the User's ouerntion. processes or wastewater volume or characte~ since the time of Permit issuance; 3. A chnnge in the WWF that req~,iires either a tempornry or permanent reduction or elimination of the authorized ~ischarae; 4. Information indicatinq thnt thepermitted Dischnrge poses n thrent to the WWF the Control Authority's~ersonnel or the receivinc waters; 5. Violations of any terms or conditions of the Permit: 6 MisreRresentations or failure to fullx disclose all relevant facts in the Permit application or in any required reportina: 7. Revision of or n grnnt of vnriunce from Categorica{ Pretreatment Standards_.,pursuant to 40 CFR 40313 nnd Rule 62-625.700. F.A.C.; 8 To correct tXpo4rndhical or other errors in the Permit~ 9 To reflect a transfer of the facilitX ownership and/or operntion to a new owner/o~erator if a~proved by the Control Autharitv; or 10 Upon r~quest of the permittee provided such request does not create a violation of nny n~plicnble re~uirements standards lows or rules and reoulations. User re~uests for Rermit modifications shnll be mnde in writing nnd include facts or reasons which suRport the r~quest When modifyinq c permit the Control Authoritv shall allow n rensonnble time frnme for the User to comply with the new or chanaed conditions if Underlined passages are added. -22- 5~twek-~#~ro~gi? passages are deleted. the User cnnnot meet them nt the time of the modification and if pertnitted by law. If the new or changed conditions nre the result of new or changed Pretreatment reaulntions. those re~ulations will stipulnte the compliance period The filina of n request by the permittee for a Permit modification does not stay nny Permit condition. G Parmit Revocation Permits m~ be revoked for the followino reasons: 1 Foilure to notify the Control Authority of significant changes to the wastewater prior to the chnnged Discharge. 2. Fai lure to provide prior notif ication to the Control Authority of chnnaed condition pursuant to Section 1-20.5-85 of the Code. 3. MisreRresentation or failure to ful~ disclose nll relevant facts in the Permit up~lication. 4. Falsifyinq self monito~ing reports. 5 Tat~pering with monitoring equipment. 6. Refusing to nllow the Control Authority timelX nccess to the facility premises and records. 7. Fnilure to meet effluent limitntions. 8. Fnilure to pn~penalties. 9. Failure to pay Sewer cha~ges. 10. Failure to meet complinnce schedules. 11 Fnilu~e to provide advnnce notice of the trnnsfer of a permitted fnci lity. 12. Violation of a~ Pretreatment Standnrd or Requirement. or any terms of the Permit or the Code. 13 Indication thnt the Discharge presents o threat to the environment or threatens to inte~fe~e with the operAtion of the WWF. Underlined passoges are added. -23- ~n ---~~ngh passages are deleted. Permits shall be voidnble uRon nonuse cessation of operations or trnnsfer of business ownersh~ (exceot ns cddressed herein) All Permits nre void uuon the issunnce of a new Per it. H. A~rpenl of Permit Rcvocntion. 1. Authorization to discharge industrial waste into the WWF shnll continue in effect unless or until rescinded by the Control Authority in writina. In the event that the Control AuthoritX revokes the nuthorizntion of anv User to dischnrge wastes into the WWF. notification of such revocation shall be delivered to the User by certified mnil or bv hnn delive . 2. Any system User whose authorization to discharge has been revoked mw an~enl the decision of the Control Authority The nppeal shall be sent in writirw bvi certified mail return receipt reauested to the Control Authority's code enforcement decartment within fifteen (15) days of receipt of the Control Authoritx's notificntion to cease dischar4e. 3. The code enforcement de~urtment mav affirm reverse. or tnodify the order of the Control Autho~ity and shall issue its decision in writirw. The Control Authoritv's order to cease dischnrae of wastes into the WWF shnll not become effective until the ceriod for n~,peal hns expired or in the event thnt an appeal has been filed. until the code enforcerr?ent detxirtment has rendered n decisio~ unless the Control Authoritv has made a findin~c that continued discharge by the User into the WWF constitutes n clenr and oresent donger to the o~erntions of the WWF or to the health of the public or to the environment. Any such f inding shall be included in the Control Authority's notif ication to cense dischar4e. nnd in such event the revocntion of nuthorization to dischnrge wastes shnll become effective immediatelv. ~ Parmit Rcnewnl All permittees must gpoly for n permit renewnl a minimum of ninety,190) d~s prior to the ex~iration of the existing permit The renpplicntion for c ~ermit shall consist of a written re4uest for reissucnce of the permit The request shall state if nll terms nnd conditions of the existing dermit and Code are com~lied with und must be signed ~ nn authorized representative of the User. JjC ~pecinl Ao~eements The District reserves the rioht to enter into special ~reements with the FPUA and Other Bulk Service Providers setting out special terms under which they mav di~~e to the WWF In no case will n special Qareement wnive com~liance with a Categorica) Pretreatment Stundard or Requirement. Underlined passages are added. -24- 5~trtlek-~hrong~r possages are deleted. ~ Rewlation of Disch~ from Other Jurisdictions. In the event another jurisdiction or municiRality contributes nll or a portion of its wastewcter to nnother Bulk Service Provider to dischnroe to the WWF the Control Authority to whom the other j~~isdictio~ or munic~ulitv contributes wastewnter shall reauire the iurisdiction or rsunicipalit_,y to enter into an multi- jurisdictionni ngreement with the Control Authoritv. Prior to entering into c multi ~urisdictionnl agreement the Control Authoritv mav reauest the contributinq iurisdiction ~rovide the following information: 1. A descri~tion of the aunlit~ nnd volume of the wastewater(s) at the uoint where it enters the WWF from the contributirw jurisdiction. 2. An inventory of al{ Industria) Users within the cont~ibutina jurisdiction. 3. Such information as mnX be re~uired by the other jurisdiction. A multi jurisdictional a,greement as required above shnll contnin the followina conditions: 1. A reqi,~irement for the contributing,iurisdiction to ndopt an Ordinnnce which is at least ns strin~ent as the Code and local limits which are nt least ns strinaent as those set out in Section 4 for those Users that discharae to the WWF. The reauirement shal) ~ecify thnt the Ordinance and limits must be revised ns necessnry To reflect chan4es made to this Code. 2. A requirement for the contributing iurisdiction ta submit n revised Industrial User inventorX on nt least an annual bnsis. 3 A requirement for the contributing jurisdiction to: a Conduct Pretreatment implementution nctivities including Industrial User ~ermit issunnce ins~ection and samplina, and enforcement; or b Authorize the Control Authority to take or conduct the nctivities on its behalf. 4. A requirement for the contributin4 iurisdiction to provide the Control Authoritv with access to all information thnt the contributirw jurisdiction User or municidal User obtains ns~nrt of its Pretreotment activities associnted with the WWF. Underlined passaiges nre added. -25- 5#+wek~~ragi+ pnssages are delettd. 5. Limits on the nature qunlity and volume of the contributina jurisdiction wnstewcter nt the point where it dischnrges to the WWF. 6. Requirements for monitoring the Dischnrqe. 7. A~rovision ensuring the Control Authority access to the fncilities of Users located within the contributing jurisdiction's jurisdictional boundaries for the durnose of insRection snm~lina ond nnv other duties deemed necessnry bv the Control Authoritv. 8 A provision s~ecifying remedies nvnilnble for brench of the terms of the multi- iurisdictional aare~ Sec. 1-20.5-85 ReRorting Re4uirements. A. Bnsaline Mo~itoring Ra~orts Within either one hundred eighty (180) davs after the effective date of a Cntegoricnl Pretreatment Stnndard. or the finnl administrntive decision on a cateaor~determinntion under Rule 62-625.410(2)(d), F.A.C.. whichever is Iater. existing Cnteoorical Industrinl Users currently discharging to or scheduled to discharae to the WWF shall submit to the Control Authority a report which contains the information listed numerically below At least ninety (90) daKs crior to commencement of their D+schnrcte New Sources and sources thnt become Cate~orical Industrial Users subsequent to the promul4ation of nn npplicable Cate4orical Stnndard, shnll submit to the Control Autho~ity a reRort which contnins the information listed numericnlly below A New Source shall report the method of Pretrentment it intends to use to meet applicable Categorical Stnndards. A New Source clso shnll give estimates of its anticipated flow and quantity of Pollutants to be dischnr4ed. 1 IdentifyinQlnformation. The name nnd nddress of the facility. including the name of the operator and owner. 2. Environmento/Permits A list of any environmentnl control ~ermits held ~ or for the facility. 3. Description of Operations A brief description of the nature. avernge rnte of production nnd stundnrd industrinl clnssifications of the operction(s) cnrried out by such User This description should include a schematic process dingram which indicates ~oints of dischnrge to the WWF from the reaulated processes. 4. FlowMeasurement. Information showing the mensured nverage daily and maximum dnily flow. in gnllons per day. to the WWF from reguloted process strenms nnd Underlined passages are ndded. -26- ~trrx{r#I~rengh passages nre deleted. other strenms as necessar~ to allow use of the combined wnste strenm formuln set out in Ruie 62-625.410(6). F.A.C. 5 Meosurement of Pollutonts Q. The Catoqoricul Pretreatment Standards npplicable to each regulated process. b The results of snmpling and analXsis identifying the nature and concentration and/or mass where reauired by the stcndard or bv the Control Authoritv. o regulated Pollutants in the Discharge from each regulated process Instamtaneous. dail mnximum and long term average concentrntions or mass where reauired shnll be reoorted. The sam~le shall be r~resentative of dai~ operations nnd shnll be nnulvzed in accordnnce with procedures set out in Section 1-20 5-85 of the Code. ~ Sar~plin~ must b~erformed in nccordance with procedures set out in Section 1-20 5-85(K) of the Code. 6. Ccrtificotion A statement reviewed by the User's authorized representative and certified by a~unlified professioncl indicntin4 whether Pretreatment Stnndards are being met on a consistent basis and if not whether additionnl operntion and maintennnce (ObM) and/or cdditional Pretreatment is required to meet the Pretreutment 5tnndnrds and Requirements. 7 C~liunce Schedule If additional Pretreatment cnd/or OdcM will be required to meet the Pretreatment Stnndnrds the shortest schedule bv which the User will ~rovide such additiona) Pretreatment and/or ObM The completion dnte in this schedule shnll not be Inter than the com~linnce dnte established for the applicable Pretrentment Stnndard. A cor~pliance schedule pursuant to this section must meet the requirements set out in Section 1-20.5-85(~) of the Code. 8 Sionature and Certification All baseline monitoring reports must be siqned and certified in accordance with Section 1-20.5-84(B) of the Code. B. Complicnca Schedule Proare~, ss Reports The following conditions sh411 applv to the com~liance schedule required bx.5ections 1-20 5-84 and 1-20.5-85 of the Code. 1 The schedule shull contnin progress increments in the form of dntes for the commencement and completion of major events lending to the construction and oaeration of additional Pretrentment re~uired for the User to meet the npplicable Pretrentment Underlined pnssages are ndded. -27- bfrwek-t~+roegh passages are deleted. Standnrds (such events include but are not limited to hiring nn engineer comoletinq preliminn~and finnl~lans executin9 controcts for mnjor comt~onents. commencinc? und comdTleting construction nnd bec~inningnnd conducting routine operntion ' 2 No increment referred to nbove shnll exceed nine (9) months: 3 The User shall submit a~rogress reQort to the Control Autho~itv no Inte~ than fourteen (14) days following each date in the schedule and the final date of comQliance including as a minimum whether or not it complied with the increment of Rrocress the renson for any delcy and if opp~oprinte the steps beinc~ tnken bv the User to return to the estnblished schedule; and 4. In no event shnll more than nine (9) months elapse between such progress reports to the Control Authoritv. C. Rcports o~ Complicnce with Catec~~ical Pretreatment Stnndord Daudlina. Within ninety (90) daXs followina the date for final compiiance with applicable Categorical Pretreatment Standnrds or in the case of the New Source followina commencement of the introduction of wastewcter into the WWF ariy User sub ject to such Pretreatment Standards and Re,~uirements shnll submit to the Control Authoritv c reaort contnining the informntion described in Section 1-20 5-85 of this Code. For Use~s subject to e,~uivalent mass or concentration limits estnblished in accordance with the procedures in Rule 62-625 410(4, F A C this reRort shall contain c reasonable measure of the User's (ona- term production rnte For all other Users subject to Categoricnl Pretreatment Standnrds expressed in terms of allowable Pollutant dischorae per unit of production (or other measure of operntion) this report shcll include the User's actunl production during the anorodrinte sampling oeriod All compliance re~orts must be signed and certified in accordnnce with Section 1-20.5-84(6) of this Code. Q Periodic Complinnce Reports 1 All Significant Industrial Users shall. nt a frequency determined by the Control Authorit~but in no case less than twice per year (in June cnd Decembe~). submit a report indicating the nnture nnd concentration of Pollutants in the Dischuroe which are limited by Pretreotment Stundnrds and the meusured or estimcted averaqe nnd maximum dail~flows for the reportina oe~iod All deriodic complinnce reports must be signed and certified in accordance with Section 1-20.5-84(B) of this Code. 2 All wastewnter samdles must be representative of the User's Discharge. Wastewater monitoring nnd flow measurement facilities shall be properly operated, kept Underlined passages are odded. -28- 3#rnelt#1~rengk passages are deleted. clenn nnd maintained in good working order at al) times The fnilure of a User to kee~ its monitoring facilitX in aoo~~ order shall not be grounds for the User to claim that sum~le results ore unre~resentative of its Discharae. 3 If a User sub ject to the reportin~ requirement in this section monitors any Pollutant more frequent~ than re~uired by the Control Authoritv. usinc~ the crocedures prescribed in Section 1 20 5-85(K) of this Code the results of this monitorina shall be included in the report. E. RcRorts of Cha~ged Conditions Each User must notify the Control Authority of nny_planned si4nificnnt changes to the User's o~e~ations or system which mi4ht alter the nature,~ualitX or volume of its wastewater nt least sixty (60) davs before the chanae. 1 The Control Authority m~y require the User to submit such information as may be deemed necessarXto evaluate the chanaed condition includina the submission of a Dischar4e Permit gpolicntion under Section 1-20.5-84 of this Code. 2. The Control Authority mny issue a Permit under Section 1-20.5-84 of this Code or modi f,y un existing Permit in response to changed conditions or n~ticidated chnnqed conditions. 3. For~urQoses of this requirement significant chunges include. but are not limited to flow increases of twentx-five percent (25%) or grecter. and the dischnrae of nn~previousl~unreported Pollutants. ~ Reports of Pote~tinl Problems 1. In the case of nX Dischar4e i~g but not limited to accidental Dischnr~es Discharc~es of a non-routine episodic nnture n non-customnrv batch ~ischnroe. or n Slug iond that may cause potentinl problems for the Control Authoritv. the User shnll itnmediateiy tel~hone and notify the Control Authority of the incident. This notification shnll include the location of the ~ischarge type of waste concent~ation nnd volume. if known, and corrective nctions taken bx the User. 2 Within five (5) days followinc such Discharg,e the User shall. unless wnived by the Control Authority submit n detniled written report describinc the cause(s) of the Discharge and the measures to be taken by the User to prevent similnr future occurrences Such notificntion shall not relieve the User of any expense. loss, domaoe. or other liability which may be incurred ns a result of damnge to the WWF naturnl resources. Underlined passages are added. -29- ~#welr-t~rotgh passages are deleted. or nny other damcc~e to~erson or proRerty• nor shnll such ~otification relieve the User of a~v fines Renalties or other linbilitx which may be imposed pursuont to this Ordinnnce. 3. A notice shall be pe~mnnent~ ~osted on the User's bulletin bonrd or other prominent~lnce advisinc~ em~lo~ees whom to call in the event of n Dischnr4e described in Parngradh 1 above EtrploXers shnl) ensure thnt all emplovees who mav cause such a Dischnrge to occur are advised of the emergency notificntion procedure. 6. ReRorts from U~~ermitted Users All Users not required to obtnin Q Permit shall provide n~pro~rinte reoorts to the Control Authority ns the Control Authoritv mav require• H. Notice of Violntion/Re.pect Samplir~ nnd Re rting If snmpling performed ~ a User indicntes a violation the User must notify the Control Authority within twentv-four j24) hours of becoming awcre of ihe violntion The User shal) also repent the samolina and analxsis and submit the results of the repent cnalysis to the Control Authoritv within thirtv LO) doXs after becoming nware of the violation The User is not required to resnmole if the Control Authoritv monitors at the User's fncility at lenst once a month, or if the Control Authorit~samples between the User's initinl sampling and when the User receives the results of this snm~linp. I. Notificntion of the Dischcrge of Hcznrdous Waste 1 Any User who commences the discharge of hazardous waste shnll notifv the Control AuthoritX, the EPA Reaional Waste Mana4ement Ordinance ~irector. and Stnte hnznrdous waste authorities in writinq of any Dischcrae into the WWF of n substance which. if otherwise disRosed of would be a haznrdous wnste under 40 CRF Pnrt 261. Such notification must include the nnme of the hazardous waste ns set forth in 40 CFR Part 261. the EPA hnznrdous waste number and the type of Dischnrge (continuous. bntch, or other). If the User discharoes more thnn one hundred (100) kilograms of such waste per calendnr month to the WWF the notification nlso shnll contain the followino informntion to the extent such informntion is known and readily avnilable to the User: an identification of the hazardous constituents contQined in the wnstes. nn estimation of the mass cnd concentration of such constituents in the wnste stream discharged during thnt calendar month nnd an estimation of the mnss of constituents in the wnste stream expected to be discharged during the following twelve (12) months All notificntions must tnke place no later than one hundred and eiahty (180~ days after the dischar~e commences Any notificntion under this paragrnph needs be submitted only once for each hnznrdous wnste dischnrged. However, notifications of chnnged conditions must be submitted under Section 1-20.5-85 of this Code. The notif icntion ~equirement in this section does not n~plv to Pollutants already reported by Underlined passages are added. -30- ~twek~hrengh passnges are deleted. Users sub,~ect to Cateqorical Pretreatment Stnndnrds under the self -monitorina reauirements of Section 1-20 5-85(E) of this Code. 2 ischargers are exemQt from the requirements of Pnrnoradh 1. above. durirw n calendar month in which they discharge no more thnn fifteen f15) kiloarams o haznrdous wastes unless the wastes nre acute hazardous wastes as saecified in 40 CFR 26130(d) and 26133(e) Discharge of rnore thnr~ fifteen (15) kiloorams of nonncute hnzardous wastes in n calendar month or of ariy aunntity of acute haznrdous wastes ns sdecified in 40 CFR 26130(d) nnd 26133(e) reqyires a one-time notification Subsequent months durina which the User dischnrges more thnn such q~antities of any hazardous waste do not reauire additionnl ~otification. 3. In the case of nnX new reg,ulntions under Section 3001 of RCRA identi ina ndditional chnracteristics of hnzardous waste or listing nnv ndditional substance ns n hazardous wnste the User must notify the Control Authority, the EPA Recional WasTe :'.anagement Waste Ordinance Director cnd State hazardous waste nuthorities of the Discharge of such substance within ninety~90~ d~s of the effective date of such ~egulations. 4 In the cnse of any ~otif icntion made under this section, the User shall certify thnt it hns apro~ram in~lace to reduce the volume nnd toxicity of hazardous wastes genernted to the degree it hns determined to be economicallY practical. 5 This provision does not create n right to discharge any substance not otherwise permitted to be discharged bX this Code n permit issued thereunder. or arrv ~~licnble Federnl or State Inw. ~ AnnlXticnl Rcquireme.~ts AIIPollutnntnnalyses.includinosam~linatechniaues. to be submitted ns part of a Permit npplication ar report shnll be performed in uccordance with the techniaues prescribed in 62-625 600(1)(e). F.A.C., unless otherwise s~ecified in an ~~licable Categorical Pretrentment Stnndard• or the sarp~ling or anaiyticnl techniques for the Pollutnnt in question is not given for the Pollutnnt in question, sampling nnd nnalvses must be performed in accordnnce with procedures approved by EPA. ~C. Snmple Collection 1. Except ns indicnted in Paraaraph 2. below. the Use~ must collect wastewater sam~les usin~ flow.pro~ortional comQosite collection techniques. In the event flow propo~tionnl snmpling is infeasible the Control Authority may authorize the use of time pro~ortionnl sampling or a minitnum of four L4) grab samples where the Use~ demonstrntes Underlined passuges are cdded. -31- 3trdelt~retlgh pnssoges are deleted. that this will provide a re,~resentntive samnle of the effluent being discharaed In addition. grnb snmRes rna~be re~uired to show compliance with instnntnneous Discharae (imits. 2. Snmples for oil and grense temperature ~H cyanide, phenols, sulfides. nnd volatile orcanic compounds must be obtained using grab collecticn technicues. ~ Timinc~ Written reports wil) be deemed to have been submitted on the date postmnrked For reports which nre not mailed postage pre~aid into a mail facilitv serviced ~ the United States Postal Service the dnte of receipt of the ~eport shnll oovern. M. Records A~ Industrial User sub,~,ect to the reportinct requirements in this Code is re~uired to retnin for n minimum of f ive (51yeurs nny records of monitorina activities nnd results nnd shal{ make records nvailable for inspection or photoco~vin4 bv the Control Authorit,~ or state or federal officials Records shull include the dnte. exact olnce. method nnd time of sarnplina nnd the nnme of the person(s) tnking the snm~les: the dates analvses were performed' who ~erformed the annlysis• the nnnlyticnl techniq,~es or methods used and the results of said nnulyses The five (5~year period shall be nutomatically extended for the duration of any litigation concerning the User the Control Authoritv or where the User hns been specificalX notified of n lonqer retention period by the Control Authoritv. Sec. 1-20.5-86 Protectio~ from ~mm~ge. No person shull mnliciouslX, willfully or negliaently break dnmagg destroy uncover deface or tnrr~er with any structure nppurterance or equipment which is a part of the WWF Costs of cny da~oge to the WWF costs associated with Interference with the WWF. costs nssociated with an~penalties or enforcement nctions imposed on the WWF, and costs for additional treatment or alternative disposal methods required to meet effluent or sludge trentment nnd disposnl requirements (collectively "Dnma~es") resulting from violntions of this Code shall be pnid by the User res_..ponsible for the violctions. dnmages or costs. The Control Authoritv will bill the User for the costs incurred by the Control Authoritx for nnx clean~~air or replacement work cnused by the Interference or the violntion dischnrae. Sec. 1-20.5-87. Powers and Autho~it~? of Inspectors. Authorized r~resentntives of the Control Authority, the DEP. nnd the EPA bearing proder credentials shall be permitted to enter upon uny property without prior notification for the purpose of inspection observntion. measu~ement, sampling, testing review and/or photoco~ying of records or investigntion as may be necessnry in the enforcement of this Underlined passages are cdded. -32- ~twek t~a~gk passcges are deleted. Code. Entrx shall be made during daylight or o~erating hours unless abnormni or emeroencX circumstnnces require otherwise. The Control Authority maiy seek issuance of c search wnrrant(s) from any court of comRetent jurisdiction for the following reasons: A. Refusal of access to a building. structure or propert~or a?~y pnrt thereof. B. If the Cont~ol Authority is able to demonstrate probable cause to believe that there maybe a violation of this Code. C If there is u need to inspect and/or sample as part of a routine in~ection n?~d sar~,pling pro~ram of the Control AuthoritK D. To protect the public health, snfety and welfare of the Control Authorit~ Sac. 1-20.5-88 Enforcement Actio~s. The followinq escnlating enforcement strateqy may be used bX the Control Authoritx when Industricl Users are out of compliance with this Code. The vnrious types of enforcement nctions shcll be used ns determined by the Control Authority depe~ding on the circumstnnces of the violntion. A. Immcdinte Thr~at to Public Henlth_ The Control Authority may require the immedinte hnlt of a Dischn~ge if it is deemed as an immediate threat to public henlth or the WWF. B. Self-Monitorinc. The Industrial User will review its self-monitoring data to determine whether n violation of this Ordinnnce nnd/or of its permit limitations has occurred If n violation has occurred. the Industrial User must provide to the Control Authorit~ 1. 24-hour notificution that a violation has occurred. 2. Magnitude and nnture of the violation. 3. Details regnrding anclyticnl quality assurance. Failure to comply with the twenty-four-hour notificntion requirement will result in administrative fines to be determined by the Control Authorit~ C. Re-sampling. Upon the determinntion that a violation has occurred the Industrial User must resample the finnl Discharge for the violated pnrnmeter The re- Underlined passages ure added. -33- 5fwek~~k passages cre deleted. snrnpliny data must be submitted to the Control Authority within thirtv (30) davs of violation discove~ Failure to resample nnd ~eport within thirty (30) days is a violatio~ of this ordinnnce and Rule 62-625 600(6)(b) F A C If the IU fnils to resnmple and submit the reoort within thirt~ (30) d~s the Controt Authority wil) issue n Notice of Violotion (NOV). Failure to complv with the NOV will result in a single odministrative fine to be determined ~ the Control Authori,t~r fler violntivn Continued failure to comply within sixtv (60) drn+s from oriqinal violction thereafter witl result in Q monthly fine to be determined Control Authori Q, WWF MonitoMng The Control Authority will conduct periodic. independent corl?pliance monitorina of Industrinl Users as appro~ricte. If the violation is not sianif icnnt. as defined in this Code the Control Authority will issue n NOV and a fortv-five dav compliance schedule including the re~uirement to resample in order to determine whether a violation is signif icunt The results of the re-sampling must be submitted to the Control Authority within thirty (30) days of receipt of the com~liante schedule. Fnilure to complv will result in n sin~le fine to be determined by the Control Authority per violction. Continued failure to com~.ty sixty (60) daxs nfter issunnce of the NOV will result in a monthlv fine to be determined by the Control Authoritv. € Significant Noncorrplinnce The Control Authority wil! review snmplino data obtnined to determine whether Significant Noncompliunce ns defined in this Code has occurred~ in which case n single fine to be determined by the Control Authority will be assessed per violntion. ~ Fgrmnl Noticc If Si4nificunt Noncompliance is determined to have occurred. the Control Authorit~ will issue a Notice of Significant Violation (NOSV). requirinq the Industrial User to submit within fifteen (15) days of the ~eceipt of the notice. n ninety-day compliance schedule to determine the need to instnll or construct Pretrentment facilities. Failure to respond within fifteen (15) days will result in a single fine to be determined by the Control AuthoritKper violation. Upon receipt of the draft complinnce schedule. the Control AuthoritX will issue the comRlinnce schedule ns n condition of continued operation. A Demonstration of Com~liance (DOC) will be included as the finnl item in the complicnce schedule. If nt an~time during the ninety-day schedule, the Industrinl User determines thnt Pretreatment facilities are req„uired. the Industrinl User will inform the Control Authority of such and submit n drnft construction schedule. G. ~OC Upon completion of the ninety-day compliance schedule the Control Authoritv will review the DOC duta to determine whether cornplinnce has been achieved. Fcilure to demonstrate compliance durinc~ the ninety-day schedule will result in the Control Authorit~ issuing another NOSV requiring the Industrinl User to submit within fifteen (15) Underlined passages nre added. -34- 3#wek~hroegk pcssages are deleted. days of recei~t of the NOSV n draft compiiance schedule for the construction of new Pretrentment fncilities or the improvement. modification or exRnnsion of existing facilities. Failure to respond within fifteen (15~ days will result in a sinc~le fine to be determined by the Control Authority per violntion. Continued failure to comply within sixt~days of the NOSV thereafter wil) result in a monthly fine to be determined b,y the Control Authority. U~on receiRt of the draft compliance schedule, the Control Authority will issue the complinnce schedule as a condition of continued operation. Approvnl of the facility design engineer bx the Control AuthoritX is required prior to desi~n of the Pretreatment facilit~, A ~OC will be included as the finnl item in the com~linnce schedule. U,pon com~letion of the construction comRliance schedule. the Control Authority will review the DOC dato to dete~mine whether compliance hns been achieved. H. Finnl Scludule of Com~lia~ce_ If the construction of Pretreatment facilities does not achieve compliance. the Control Authority will assess n fine to be determined by the Control Authority. and will issue a notice of rr~onthly fine (NMF). Fines of the same amount will continue to be nssessed on a monthly bnsis until complinnce is achieved or service is terminnted. The NMF will require that the Industrial User submit c d~aft final complinnce schedule within fifteen (15~ d~s or receipt of the NMF. Upo~ receipt of the draft complinnce schedule, the Control Authorit~ will issue the final schedule of compliance as a condition of continued operation. A DOC period will be included as the final item in the compliance schedule. Upon completion of the complinnce schedule. the Control Authority will review the DOC dntn to determine whether complinnce hns been uchieved. I. Show Ceuse Henring. If the final comdliance schedule does not achieve co pliance, the Contro) Authority will issue a Notice to Show Cnuse (NSC) why the Discharge pe~mit should not be revoked and service terminnted, in eccordnnce with Inw The NSC will be served on the Industrial User specifying the time end nlace of the hearing the proposed facts of the action. the rensons for such nctions and n req,uest that the Industriel User show cause why the proposed enforcement action should not be taken The notice of the hearing shnll be served persor~ally or by registered or certified mail (return receiet requested) at lenst ten (10) days prior to the hearing on the Industrial User or posted at the location where the alleged violation is occurring or has occurred. Whether or not the Industrial User a~pears as notified. immediate enforcement action mux be pursued followinq the hearing The Control Authority will hold the show cnuse hearing to determine whether the permit should be revoked and Sewer services terminated. 1. ~ the Industrinl User shows cause for its fnilure to comply service shall not be terminated nor the permit revoked The monthly fine will increase to an amount to be detertnined by the Control Authority de, r day and n new final compliance schedule will be issued. Underlined passages are added. -35- ~Mnek-~FM~eexli~ pcssages are deleted. 2 If the Industrinl User fnils to shcw cause why its permit should not be revoked and service terminnted. the Industriul User's permit shnll be revoked nnd its Sewer service will be terminated by the Control Authoritv. ~ Violations Not Addressed. Pennlties for violations of this Code and/or the User's Permit not addressed in this section will be nssessed at the discretion of the Control Authoritv. Sec. 1-20.5-89 Permit Fees nnd Pennlties. A. Permit Ap~lication a~d Renewnl Fee: Initial Permit ~ 1.100 er enr Renewal Permit $ 900 er ee~r Fine Amount for pH. BOD. T55 Violntions ~ 250 Minimurn Analyticn) Fees On a permit by permit basis Plus ap~licable Fees by other Control Agencies on a pass through basis B Other Fees nnd Penalties are listed under Section 1-20.5-88. Enforcement Actions. C. Industrinl waste surcharge rates shall be as listed below: BOD = $0.20/Ib T55 = $0.20/Ib Oil b Grense = $7.30/Ib Plus npplicnble Fees by other Contro! Aoencies on a pass through basis Monthly Surcharaes shall be calculated as follows: IWS = 8.34 lV) ($0.20x160D-250 +$0 20y(T55-250) +~7 30z(OG-75) IWS = Monthly Industrinl surcherae rate V= Volume of industrial flow in million~nllons per month bosed on metered wnter. BO~ = Biocherr~ical Oxyqen Demand in mg/L T55 = Total Suspended Solids in m~/L 06 = Oil and grease in mg/L. X= Cupital and operatina costs per pound of BOD erenter than 250 ma/L Y= Cnpitni and operating costs per pound of T55 greater thnn 250 mg/L Underlined passages are added. -36- ~firnek~hreeigh passages are deleted. Z= Ca~pital nnd opernting costs ~er pound of vil and grease greater thnn 75 Q Any person who violntes a provision of this Code shall be prosecuted in the nc~me of the St4te of Florida in n court having jurisdiction of misdemeanors by the prosecuting nttorney thereof. and upon conviction shall be punished b~a fine to be determined by the Control Authority for each offense or by imprisonment not to exceed sixty (60)~s or b~ both such. f ine and imprisonment. If c violntion continues. ench day of such violation shall constitute n separate offense. ~ Any person who knowingly makes nny false statement. representation or certification in any record or other document submitted under this Code shall be sub ject to fines to be determined by the Control Authority per violation or by imprisonment for not more than sixty (60) days, or both. ~ The Control Authority mny revise the permit fees and penalties from time to time by Resolution. Saction i-20.5-90. Civil nnd Criminnl Remedies. In addition to the administrntive fines provided in Sections 1-20.5-88 nnd 1-20 5-89 to the extent permitted by Stcte law. the Control Authoritv is hereby authorized to institute any nppropriate action or proceeding includina suit for damages in junctive relief nnd civil pennlties to be determined by the Control Authority per dayper violation in order to prevent or abate violntions of this Code or to recover Dnmages ns provided in Section 1-20 5-86 The Control Authority may recover reasonable attorneys' fees_ court costs and other ex~enses nssociated with enforcement activities including snmpling and monitorina expenses und the cost of nny Damnges incurred by the Control Authorit~ A. In,junctivc Relief . When the Control Authorit~r finds that a User has violated or continues to violate. any provision of this Code. a Permit or order issued hereunder or anX other Pretreatment StAndard or Requirement. the Control AuthoritXr~y petition the Circuit Court for the issunnce of a temporary or permanent in1unction ns npproprinte which restroins or compels the specific performance of the Permit o~der or other requirement imaosed bv this Code on nctivities of the User The Control Authority max nlso seek such other nction as is appropriate for legal and/or equitable relief including a requirement for the User to conduct environmentnl remediation A petition for injunctive relief shall not be a bar naninst. or a prerequisite for. tnkinq anx other uction cgainst c User Underlined pnssages are ndded. -37- ~trnelt#hroe~gh pnssages are deleted. B Criminal Prosccution. 1. A User who willfully or neglicently violates any provision of this Code n Permit. or9rder issued hereunder or any other Pretrecttment Standard or Requirement shall. uoon conviction be auilty of n misdemeanor ~unishable by a fine of not more than the tsnuimu~ fine allowed under State law per violation per dcy or imprisonment or both 2. A User who willfully or negligently introduces nny substance into the WWF which causes dersonal iniurv or property dnmage shcll upon conviction be guilty of a misdemeanor nnd be sub iect to a pennlty of at least the maximum f ine allowable under State Inw. or be subLect to im~risonment or both This penalty shall be in addition to any other sause o action or dersonal injury or property dnmace available under State Icw 3. A User who knowingly rnakes any false statements representations or certi ications in nnv adulicction record report plan or other documentation filed or reauired to be maintained oursuant to this Code Permit or order issued hereunder or who falsifies, tamoers with or knowingly renders inaccurate nny monitoring device or method r uired under this Code shnll upon conviction be punished by u fine of not more than the maximum ine allowable under State Inw per violation per day or imprisonment or both 4. In the event of a second conviction a User shall be punished by a fine o not ore than the maximum fine allowable under Stnte law per violation per day or imprisonment. or both C. R~edies Nontxclusive The remedies provided for in this Code nre not exclusive. The Control Authoritv mrn~ take any all or any combinntion of these actions against n noncompliant User Enforcement of Pretreatment violations wil) generallX be in nccordance with the Control Authoritv's enforcement response plan However the Control Authority r~ take other action noainst anv User when the when the circun?stances warrnnt Further the Control Authoritv is emcowered to take more than one enforcement action cgainst anv noncompliant User Sec. 1-20_5-91 Natification Requiremuits A. Accidentnl Discharoe of Prohibitcd Discharoe Stcndnrds A User shall have nn a irmntive defQnse to the imcosition of penalties fbut not to recovery of damaoes cnused to the WWF) in nn enforcement cction brought naninst it for noncompli~nce with the genernl urohibitions or the sdecific nrohibitions in Section 1 20 5 82(A) of this Code if it cnn prove that it did not know. or have reason to know that its Discharge nlone or in con junction with D~scharaes from other sources would cnuse Pnss Through or Interference and that either Underlined pnssnges are added. -38- ~#rnek-#}~ro~g}~ p~sages are deleied. 1 A locul limit exists for each Pollutunt dischnrced nnd the User wus in com~linnce with ench limit directly prior to nnd during the Pass Through or Interference~ or No locnl limit exists. but the Dischnrge did not chnn~e substantially in nature or constituents from the User's prior Dischnrge when the WWF was regulcrly in com~liance with its NPDES ~ermit and in the cose of Interference was in complinnce with ap~licable sludqe use or disposol requi~ements B. Upset. If there occurs an unintentionnl and tempornry noncompliance with Pretrentment Standards becnuse of fuctors beyond the reasonable control of the Industrial User and the Industrinl User wishes to establish an affirmative defe~se to the imposition 0 oenalties (but not to recovery of damnges cnused to the WWF) of nn Upset the User must demonstrate. throuah dronerlv sianed conternpornneous opernting logs or other relevant evidence. that: 1. An Unset occurred and the Industrial User can identify the cause of the Upset: and 2 The Industrial User's fncility wns at the time of the Upset beina o erated in a drudent cnd workmnnlike mnnner and in compliance with npplicable operntion and mamtenance procedures• and 3. The Industrinl User properly notified the Control Authority of the U~set in accordnnce with the procedures set forth in Parcgraph (D) below In onv enforcement croceeding the Industrial User seekino to estnblish the occurrence o nn Udset has the burden of proof An Upset does not i~clude noncompliance to the extent caused bv o~erational error imprope~ly designed treatment facilities inadequate treutment aalities lack of ~reventive maintenance or cnreless or improAer operation The Industrial User shall control droduction or nll Discharges to the extent necessnry to maintnin com~liance with Pretreatment Stnndards ~pon reduction loss or failure of its treatment nc~litv unt~l the facilitv is restored or nn alternntive method of trentment is provided This requ~rerrrent coolies m the situation where amona other things the prirr~rx source of power of the treatment facility is reduced lost or fails C Bypnss. 1. An Industrial User may nllow Bypass to occur which does not cause Pretreatment Standards or Reauirements to be violated nnd does not cnuse damage to or Underlined passages are added. -39- 5#rdek-t}n~eygF~ pcssayes a.e deleted. Interference with the WWF. but only if it is for essential mnintennnce to assure efficient operation. 2 If an Industrial User knows in advance of the need for a Bypass it shall submit n notice to the Control Authority at least ten (10) dnys before the dnte of the Bypnss 3 BYt~nss that exceeds npplicable Pretreattnent Standards is prohibited and the Control Authority shall take enforcement nction against an IndustriQl User for a Bypass. unless: g. The Bypass wns unavoidable to prevent loss of life personnl in jury. or sever property dnmage b. There were no technically feasible alternatives to the Bypc~ss such as the use of nuxiliQry treatment facilities retention of untreated wastes or maintenance durina normnl periods of equipment downtitne This condition is not satisfied if eauate back-ud equipr~ent should hnve been instalied in the exercise of reasonable ineerinc iudament to tirevent n By~ass which occurred durinc normnl periods of equipment downtime or preventative maintenance j The Industrinl User properly notifies the Control Authority of the Bypnss in accordance with the procedures set forth in Pnrggraph (D) below ~ Notification of Accidentnl Cischnrac Upsct or Bypn~ 1. Immediote Notification vio Te%hone In the event of an accidental pischarae. Sluo lond Udset or Bypass (includirw n violction of the Prohibited Discharge ~tnndards in Section 1-20 5-82 of this Code) The User shall take the necessary measures to stoo. I~m~t. or control the Discharge The discharger shall immediately notify the Control Authoritv within twentv-four (24) hours about the incident ~ telephone TF~e notificntio~ shall include: g. Address of the Discharae b. Type of Dischcrc~e c. Concentration cf Pollutants in the ~ischarce d Volume of Dischcrae ~ _e~ Corrective measures taken 2. Written Mvtificotiorr. Within f ive (5) days of the nccidental Dischnrge Udset or Bvnnss. the dischnraer shall submit c written report to the Control Authority The Underlined passages are added. -40- ~#wek-t}x~engk passages are deleted. redort sh411 include. but not be limited to type of ~ischarge concentrations volume cause o the event. duration of the event corrective measu~es taken and mensures to be employed t~~event uture incidents In the event further informntion is requested the dischn~er sh411 drovide the informntion within forty-eight (48) hours of the request If the event occurs durmc a holidm~ deriod or weekend the written notification shall be ihe f irst workinc dcv followino the holidav ~eriod or weekend Such notification shnll not relieve the User of anv exdense. loss. dnmaoe. or other liability which m~ be incurred as a result of d4mage to the WWF. nnturul resources or any other damnge to person or pro~pertX nor shnll noti ication relieve the User of any fines civil ~ennlties or other liability which mciy be im~osed by this Code or other applicable law 3 Notice to Emn/oYees: A notice shall be permanenily posted on the User's bulletin board or other prominent olace ndvising employees whom to call in the event o an accidental Dischnrae Unset or Bypnss Employers shall insure thnt all employees who could cause or suffer such an accidentcl Discharges Upset or By,passes to occur nre ndvised o the emercencv notification drocedures Failure to notify the Control Authority of potent~al oroblem Dischuraes Udset or Bypasses sh411 be deemed a separate violntion of this Code. Sec_ i -20.5-92 Confidentinlit.~r Information and dntn concernina individual Industrial Users obtnined from reports questionnnires oermit abdl~cotions nermits monitoring programs and inspections shall be ava~lable to the cubl~c to the extent dermitted by Florida (aw upon written request without restriction unless the Industr~al User snecif ically requests and is able to demonstrate to the sat~s action of the Control Authority that such release would divul~e information processes or methods of droduction ent~tled to protection ns trnde secrets under applicnble State Inw Wnstewater constituents and characteristics will not be rec nized ns con idential information PART B. CONFLICT. This Ordinance re~eals nll other District actions to the extent in conflict with this Ordinance. PART C. SEVERABILITY. If nny provision of this Ordinance or the npplication thereof to any person or circumstance is held invalid, it is the intent of the District that the invnlidity shall not affect other provisions or applications of the Ordinnnce which cnn be given effect without the Underlined passages are added. -41_ ~*e+ek-'?}n'enelk pnssages are deleted. invclid provision or application, nnd to this end the provisions of this Ordinance are declared severnble. PART D. FILIN6 WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send u certified copy of this ordinance to the Burenu of Administrutive Code and Lnws, Department of St4te, The Cnpitol, Tallnhnssee, Florida 32304. PART E. EFFECTIVE ~ATE. This Ordinance shall be in full force nnd effect upon adoption by the Dist~ict. PaRT F. ADOPTiON. After motion and second, the vote on this ordinance was as follows: Chnrles 6rande, Chnirman XXX Doug Coward, Vice Chcirmun XXX Commissioner Chris Craft XXX Commissioner Chris ~zudovsky XXX Commissioner Paula A. Lewis XXX PART 6. CODIFICATION. Provisions of this ordinance shall be incorpornted in the St. Lucie County Code and Compiled Laws, and the word 'ordinnnce" may be changed to `section", 'article", or other nppropriate word, nnd the sections of this ordir~ance may be renumbered or relettered to nccomplish such intention; provided, however, thut pnrts B through G shall not be codified. PASSED AND DULY ADOPTE~ this day of , 2010. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair Underlined passages are added. -42- ~!~}c~#}~~k ~Sages are deleted. APPROVE~ AS TO FORM AND CORRECTNE55: BY: County Attorney Underlined pnssages are added. -43- ~fwek-~engl? pnssages are deleted.