HomeMy WebLinkAboutAgenda Packet 05-18-2010
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May 18, 2010
6:00 P.M.
BOARD OF COUNTY COMMISSIONERS
AGENDA
WELCOME
ALL MEETINGS ARE TELEVISED.
ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE.
PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS.
PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS.
GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted
at today's Board meeting.
CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests.
REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the
Commission will discuss individually, usually in the order listed on the agenda.
PUBLIC HEARINGS - These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as
possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or
as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed r~ to
the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come fonvard, one at a
time. Comments will be limited to five minutes.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the
order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public
hearing, the Chairman will ask for public comment, (4) further discussion and action by the board.
ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you
have backup material, please have eight copies for distribution.
NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion
of the printed agenda.
PUBLIC COMMENT - Time is allotted at the beginning of each meeting for general public comment. Please limit
comments to five minutes.
DECORUM - Please be respectful of others' opinions.
MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00
P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County
Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board
schedules additional workshops throughout the year as necessary to accomplish their goals and c~mmitments. 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.
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May 18, 2010
6:00 P.M.
BOARD OF COUNTY
COMMISSIONERS
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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
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I• INVOCATION
II• PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the May 11, 2010 meeting.
IV. PROCLAMATIONS/PRESENTATIONS
A. Presentation of the Comprehensive Annual Financial Report by J. Gaines of Berger, Toombs,
Elam, Gaines & Frank and Clerk of the Circuit Court Joseph E. Smith
B. COUNTY ATTORNEY
Resolution No. 10-134 -"National Safe Boating Week"
Consider staff recommendation to approve to adopt Resolution No. 10-134 as drafted.
C. Presentation on the Annual Report of Wo~Cforce Boa~d of the Treasure Coast, DBA Workforce
Solutions by Gwenda Thompson, President/CEO
D. COUNTY ATTORNEY
: Resolution No. 10-156 -"Civility Month" in St. Lucie County
Consider staff recommendation to approve to adopt Resolution No. 10-156 as drafted.
E. Army Corps of Engineers - update on Lake Okeechobee Water Releases & Herbert Hoover Dike
Rehabilitation
V. GENERAL PUBLIC COMMENT
VI. CONSENT AGENDA
A. WARRANTS
Approve warrant list No. 33
I
B. COUNTY ATTORNEY
1. Revocable License Agreement for Cedar Creek Engineering-Orange Ave
Consider staff recommendation to approve the Revocable License Agreement, authorize
the Chairman to sign the Revocable License Agreement and instruct Cedar Creek
Engineering to record the Revocable License Agreement in the Public Records of St.
Lucie County, Florida.
2. Revocable License Agreement - Mr. & Mrs. Blaszka -102 NW Floresta Drive - River Park
Unit Eight
Consider staff recommendation to approve the Revocable License Agreement, authorize
the Chairman to sign the Revocable License Agreement and direct Mr. and Mrs. Blaszka
to record the document in the Public Records of St. Lucie County, Florida.
3. Request to have the Board approve an Interagency Agreement with the Florida
Department of Juvenile Justice for the operations of the Juvenile Assessment Center.
Consider staff recommendation to approve the Interagency Agreement with the
Department of Juvenile Justice (D.J.J.) for the operation of the JAC Center. Since D.J.J.
is a department of State Govemment, this Agreement can be approved without a RFP.
Furthermore, D.J.J. would be $10,232.33 less expensive to operate per month than with
the previous contractor.
4. Donation of Right-of-Way - Church of God Prince of Peace of Po~t St. Lucie, Inc. - 19
feet on Oleander Avenue - Resolution No. 10-155
Consider staff recommendation to approve to accept the Warranty Deed of Donation,
authorize the Chairman to sign Resolution No. 10-155 accepting the Warranty Deed of
Donation and direct staff to record the documents in the Public Recorcls of St. Lucie
County, Florida.
C. ST. LUCIE TRANSPORTATION PLANNING ORGANIZATION
Resolution 10-151, BudgetAmendment
Consider staff recommendation to approve Budget Resolution 10-151 in the amount of $169,052.
D. GRANTS/DISASTER RECOVERY
Harbor Branch Salt Marsh Restoration Project - Grant Application
Consider staff recommendation to approve authorization to submit a grant application to the U.S.
Fish and Wildlife Service for $1 million for restoration of 178 wetland acres at Harbor Branch
Preserve. Also, Board authorization to commit $15,311 to the Harbor Branch Wetland Restoration
Project.
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VII. PUBLIC HEARINGS
A. PLANNING & DEVELOPMENT SERVICES
Village of Sunset Lakes - Amendment to the Official Zoning Atlas and Preliminary Planned Town
or Village (PN) site plan approval.
Consider staff recommendation to adopt Resolution No. 10-028, granting approval of an
Amendment to the Official Zoning Atlas and the Preliminary Planned Town or Village (PN) site
plan, with limiting conditions, for the project known as Village of Sunset Lakes as outlined in the
attached memorandum, and authorization for the Chairman to sign the resolution as approved by
the County Attomey.
B. OFFICE OF MANAGEMENT AND BUDGET
Amendment to the fiscal year 2009-2010 budget
Consider staff recommendation to approve of Budget Resolution No. 10-116 amending the fiscal
year 2009-2010 budget.
VIII. COUNTY ATTORNEY
Monroe County v. Priceline Class Action Lawsuit
Consider staff recommendation to grant approval for the County to remain in the class.
IX. HUMAN RESOURCES
Prison Health Seroices Inmate Health Care Invoice, FY 2010 Second Quarter
Consider staff recommendation to approve the payment of Prison Health Services invoice number
PHS0007514 for the Second Quarter FY 2010, in the amount of $1,133,949.92 and budget amendment No.
BA10-020 transferring $700,000 from the Reserve Fund to the Inmate Medical Fund.
X. HUMAN RESOURCES
Prison Health Services Inmate HIV Medications Invoice for March 2010
Consider staff recommendation to approve the payment of Prison Health Services invoice number
PHS0007504 for HIV medications for the period of March 1, 2010 through March 31, 2010, in the amount of
$21,059.86
XI. ANNOUNCEMENTS
1. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, May 25,
2010 at 1:30 p.m. in Conference Room #3.
2. The Board of County Commissioners will hold the 2010 Strategic Planning Session on Wednesday,
May 26, 2010 from 1:00 p.m. to 5:00 p.m., Thursday, May 27, 2010 from 8:00 a.m. to 5:00 p.m.
and Friday, May 28, 2010 from 1:00 p.m. to 5:00 p.m. at the Havert L. Fenn Center.
3. County offices will be closed on Monday, May 31, 2010 to observe Memorial Day.
4. The Board of County Commissioners will hold a public hearing on Tuesday, June 1, 2010 at 6:00
p.m. for the St. Lucie County Water & Wastewater District amendment of rates, fees, and charges
for water, sewer and reclaimed water.
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XI. ANNOUNCEMENTS CONTINUED
5. The Board of County Commissioners will hold a Joint meeting with the Treasure Coast Education &
Research Development Authority on Thursday, June 10, 2010 at 1:30 p.m. at the University of
Florida / IFAS Center located at 2199 S. Rock Road, Fort Pierce, FL 34945
6. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, June 22,
2010 at 1:30 p.m. in Conference Room #3.
NOTICE: All Proceedings before this Board are electronica~ly recorded. Any person who deades to appeal any action taken by the Board at these meetings will
need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to
the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross~xamine any
individual testifying during a hearing upon request Anyone witti 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 forly-eght (48) hours prior to the meetirg.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: May 11, 2010 Convened: 9:00 a.m.
Adjourned: 10:00 a.m.
Commissioners Present: Chairman, Charles Grande, Chris Dzadovsky, Doug Coward, Paula A. Lewis, Chris
Craft
Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan
Mcintyre, County Attorney, Mark Satterlee, Growth Management Director, Jim David, Mosquito Control
Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Marie Gouin, OMB
Director, Jack Southard, Public Safety Director, Jeff Furst, Property Appraiser, Debra Brisson, Parks and
Rec. Director, Millie Delgado-Feliciano, Deputy Clerk
I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the April 27, 2010 meeting.
It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve the minutes of the meeting heid
April 27, 2010, and; upon roll call, motion carried unanimously.
IV. PROCLAMATIONSIPRESENTATIONS
A. A presentation of Top 15 Workplace Campaign Award was made by Karen Knapp, President/CEO,
United Way of St. Lucie Counry.
B. William McGrew of PBS&J presented the Southeast Chapter - American Association of Airport
Executives, General Aviation Airport Project of the Year Award to the Board of County
Commissioners for the Runway 10U28R project that was completed at the Airport.
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The Chairman advised the Board this project was still an ongoing situation and it may work out for
the County as it was approved in the past.
Ms. Gayle Laule addressed animal welfare and the utilization of "protected contacY' opposed to the
bull hook. Her credentials are as follows:
Masters degree in Behavioral Science from California State University.
Her business is Active Environments - they provide consulting services
to enhance the care and welfare of captive animals. For the last 14
years, Gail has worked full-time as a consultant internationally, helping
zoos, biomedical facilities and sanctuaries develop behavioral
management programs to improve captive animal care and well being.
She has worked with the Salk Institute, National Research Council,
American Association of Zoo Veterinarians', American and Canadian
Associations of Laboratory Animal Science, Scientists Center for Animal
Welfare, American Veterinary Medical Association, American International
Societies of primatologists and the Animal Behavior Society. Gail is also
president of Wildlife in Need, a U.S. based non-profit and sister
organization to AE, currently engaged in conservation and animal welfare
projects in the Philippines.
V. GENERAL PUBLIC COMMENT
1
A representative from the Indian River Estates Homeowne~s Association presented the Board with
a check in the amount of $2,800 for playground improvements item 6.
Ms. Sally Amberkowitz, volunteer for several animal welfare organizations addressed the Board
and read a quote from Dr. James Goodall's latest book.
Mr. Jeff Furst, St. Lucie County Property Appraiser, addressed the Board and provided a
preliminary estimate on the June 1S~ figures. He advised the Board the City of Port St. Lucie was
looking at another 16% reduction and St. Lucie County another 12%. New construction is down by
$100 million and the equity on most homes is at a 54% negative. He does not anticipate these
figures changing by June 15t. He recommended the Board keep in mind another 3-4% reduction as
a precautionary measure.
VI. CONSENT AGENDA
It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve the Consent Agenda as
amended, and; upon roll call, motion carried unanimously.
A. WARRANTS
Approve warrant list No. 32
The Board approved Warrant List No. 32.
B. COUNTY ATTORNEY
1. Treasure Coast Research Park - Implementing Agreement with St. Lucie County School
Board for Conveyance of Sixty (60) Acres
The Board approved the proposed Implementing Agreement for the conveyance of sixty
(60) acres to the School Board of St. Lucie County as provided in the June 17, 2009
sublease Agreement between the School Board and the University Of Florida Board Of
Trustees.
B. COUNTY ATTORNEY CONTINUED
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Resolution No. 10-115 - Amending the Duties, Functions, Memberships, and Procedures
of the Sustainability Advisory Committee Formed by Resolution No. 06-325
Consider staff recommendation to adopt Resolution No. 10-115 and authorize the
Chairman to sign the Resolution.
C. ENVIORNMENTAL RESOURCES
Cooperative Extension & Environmental Education Division:
1. Termination of Interlocal Agreement between St. Lucie County School Board and St.
Lucie County for Agri-Science Education Center
The Board approved terminating the Interlocal Agreement upon ninety (90) days prior
written notice to the School Board as per paragraph 5 of the Interlocal Agreement, and to
invoice the School Board for half of the current value of the tractor and flex cutter as
outlined in the agenda memorandum. The Board approved the Chairman executing the
documents as approved by the County Attomey.
2. Resolution No. 10-115, Sustainability Advisory Committee
The Board approved Resolution No. 10-115 and authorized the Chairman to sign
documents as approved by County Attorney.
D. HOUSING & COMMUNITY SERVICES
Library Division:
2
, 05/07/10 ST. LUCIE COUNTY - BOARD PAGE
FZABWARR WARR.ANT LIST #32- Ol-MAY-2010 TO 07-MAY-2010
FUND SUMMARY
FUND TITLE EXPENSES PAYROLL
001 General Fund 2,474,838.64 0.00
001113 CDBG Supp Disaster Recovery Subgran 114,928.82 0.00.
001164 USDOJ Violence Against Women Grant 15.15 0.00
001176 FTA Section 5303 F/Y06 24,965.90 0.00
001180 US Dept Housing HUD Shelter Plus Gr 1,254.30 0.00
001188 Section 112/MPO/Fhwa/Planning 2007 3,171.89 0.00
001442 FCTD Planning Grant Agreement 159.57 0.00
001509 US Dept of Housing CDBG 09 87.41 0.00
001510 CSBG FY 2009-2010 2,295.43 0.00
001511 ARRA CSBG 2009 1,116.60 0.00
001512 Neighborhood Stabilization Program 895.64 0.00
001513 EITC CSBG T&TA Program 3 451.00 0.00
001515 FDCA EMPA FY10 4,228.72 0.00
101 Transportation Trust Fund 10,658.31 0.00
101001 Transportation Trust Interlocals 365.70 0.00
101002 Transportation Trust/80% Constitut 49,260.48 0.00
101003 Transportation Trust/Local Option 28,137.75 0.00
101004 Transportation Trust/County Fuel Tx 9 903.07 0.00
101112 FHWA FDOT Walton Road Widening 81,840.42 0.00
102 Unincorporated Services Fund 59,317.45 0.00
102001 Drainage Maintenance MSTU 3,480.96 0.00
102809 Paradise'Park Phase 2 SFWMD 2,997.78 0.00
104 Grants & Donations Fund 94,205.00 0.00
105 Library Special Grants Fund 89.38 0.00
107 Fine & Forfeiture Fund 3,830,999.56 3,263.10
107001 Fine & Forfeiture Fund-Wireless Sur 329.07 0.00
107002 Fine & Forfeiture Fund-E911 Surchar 329.07 0.00
107003 Fine & Forfeiture Fund-800 Mhz Oper 570.03 0.00
107006 F&F Fund-Court Related Technology 2,804.77 0.00
107153 USDOJ Edward Byrne JAG FY07 1,376.00 0.00
107164 USDOJ Edward Byrne Mem JAG 09/10 21,100.00 0.00
107205 Juvenile Justice & Delinquency Prev 1 605.70 0.00
107206 FDCF Criminal Justice, Mental Healt 5,398.02 0.00
111 River Park I Fund 2,799.72 0.00
112 River Park II Fund 605.62 0.00
115 Sheraton Plaza Fund 633.57 0.00
118 Paradise Park Fund 875.65 0.00
120 The Grove Fund 177.40 0.00
121 Blakely Subdivision Fund 96.81 0.00
122 Indian River Estates Fund 995.62 0.00
126 Southern Oak Estates Lighting 124.52 0.00
130 SLC Public Transit MSTU 632.34 0.00
130102 FTA 5307-ARR.A 2009 Capital Projects 545.00 0.00
130209 FCTD TRIP FY 09/10 27,858.10 0.00
139 Palm Grove Fund 755.41 0.00
140 Airport Fund 10,401.49 0.00
140001 Port Fund 46.13 0.00
140135 FAA Security Fencing & Runway 9L/27 8 104.66 0.00
• 05/07/10 ST. LUCIE COUNTY - BOARD PAGE ~
FZABWARR WARRANT LIST #32- O1-MAY-2010 TO 07-MAY-2010
FUND SUMMARY
FUND TITLE EXPENSES PAYROLL
140335 Parallel Runway Design-9L/27R 426.56 0.00
140356 FDOT Airport Master Plan Update 8,410.96 0.00
140358 FDOT Update Master Drainage Plan 22,202.90 0.00
150 Impact Fee Collections 450.12 0.00
160 Plan Maintenarice RAD Fund 2,248.24 157.10
183 Ct Administrator-19th Judicial Cir 7,428.94 0.00
183001 Ct Administrator-Arbitration/Mediat 120.00 0.00
183004 Ct Admin.- Teen Court 2,412.41 0.00
185010 FHFA SHIP 2008/2009 623.22 0.00
189100 Horne Consortium 3,432.54 0.00
189101 Home Consortium FY 2008 50,000.00 0.00
189201 FHFC Hurricane Housing Recovery Pla 3.31 0.00
250 Capital Projects I&S 173,069.10 0.00
262 Tourism Dev 4th Cent I&S Fund 419,923.65 0.00
295 River Branch I&S Fund 2,319.09 0.00
310001 Impact Fees-Library 8,898.68 0.00
310002 Impact Fees-Parks 550.00 0.00
316001 5th Cent Fuel-Capital 64,315.89 0.00
318 County Capital-Transportation Bond 3,245.00 0.00
401 Sanitary Landfill Fund 647,052.83 0.00
418 Golf Course Fund 12,323.75 0.00
451 S. Hutchirison Utilities Fund 43,530.12 0.00
458 SH Util-Renewal & Replacement Fund 193.93 0.00
461 Sports Complex Fund 16,431.45 0.00
471 No County Utility District-Operatin 103,717.13 0.00
478, No Cty Util Dist-Renewal & Replace 15,568.29 0.00
479 No Cty Util Dist-Capital Facilities 437.65 0.00
491 Building Code Fund 8,334.95 0.00
505 Health Insurance Fund 56,843.80 1,633.70
505001 Property/Casualty Insurance Fund 971.73 0.00
611 Tourist Development Trust-Adv Fund 581.45 0.00
625 Law Library 6,178.75 0.00
630 Tax Deed Overbid Agency Fund 16.00 0.00
665 SLC Art in Public Places Trust Fund 4,540.59 0.00
681 King Orange 2 4,916.03 0.00
682 Skylark 2 3,712.11 0.00
683 Revels Lane 1 6,220.29 0.00
689 Rouse Road MSBU 1,587.83 0.00
690 Treasure Cove/Ocean Harbor S MSBU 4,031.07 0.00
GRAND TOTAL: 8,598,099.99 5,053.90
~ •
1. Revision of Library Hours
The Board approved the revision in Library service hours, effective June 6, 2010, as
outlined in the agenda memorandum and Attachment A(schedule)
2. St. Lucie County Intemet and Confidentiality Policies
The Board approved the St. Lucie Counry Board of County Commissioners Public Use of
Computers and Intemet Policy (Attachment A) and the Library Confidentiality Policy
(Attachment B).
Community Services Division:
3. Federal Transit Administration (FTA) 5311 FY11 Grant
The Board approved submitting an application to Florida Department of Transportation for
the FTA 5311 Non-Urbanized Area Formula Program, approval of Resolution No. 10-148
and authorized the Chairman to sign documents as approved by the County Attomey.
Housing Division:
4. Award of Community Development Block Grant Disaster Recovery Initiative (CDBG DRI)
Housing Rehabilitation/Replacement Bids
The Board approved bid awards of six replacement and two rehabilitation housing
projects under the St. Lucie County CDBG DRI Grants, and authorized the Chairman to
sign documents as approved by the County Attomey.
E. SHERIFF'S OFFICE
1. Authorization to submit an electronic application for the 2010 Bulletproof Vest Partnership
Grant
The Board approved the St. Lucie County Sheriff's Office submission of the electronic
application 2010 Bulletproof Vest Partnership Grant offered by the U.S. Department of
JusticelOffice of Justice Programs.
2. Authorization to submit an electronic application for the 2010 State Criminal Alien
Assistance Program (SCAAP) Grant.
The Board approved the St. Lucie County Sheriff's Office submission of the electronic
application 2010 State Criminal Alien Assistance Grant offered by the U. S. Department of
Justice/Bureau of Justice Assistance.
3. Authorization to submit an electronic application for the 2010 Edward Byrne Memorial
Justice Assistance Grant (JAG): Local Solicitation
The Board approved the St. Lucie County Sheriff's Office submission of the electronic
application 2010 Edward Byme Memorial Justice Assistance Grant (JAG): Local
Solicitation offered by the U.S. Department of JusticelOffice of Justice Programs/Bureau
of Justice Assistance.
4. Authorization to submit an electronic application for the 2010 Second Chance Act Reentry
Demonstration Program Competitive Grant.
The Board approved the St. Lucie County Sheriff's Office submission of the electronic
application 2010 Second Chance Act Reentry Demonstration Program Competitive Grant
offered by the U.S. Department of Justice/Office of Justice Programs/Bureau of Justice
Assistance.
5. Authorization to submit an electronic application for the 2010 Paul Coverdell Forensic
Science Improvement Grants Program.
The Board approved the St. Lucie County Sheriffs Office submission of the electronic
application 2010 Paul Coverdell Forensic Science Improvement Grants Program offered
by the U.S. Department of Justice/Office of Justice Programs/National Institute Justice.
F. PARKS & RECREATION SERVICES
3
1. Florida Department of Environmental Protection (FDEP) Ambient Air Monitoring
Equipment
The Board approved the FDEP request to relocate an Ambient Air Monitoring Station to
the Savannas Recreation Area from the old EOC site and authorized the Chairman to sign
documents as approved by the County Attomey.
2. Donation from Indian River Estates Homeowners Association
The Board approved Budget Resolution No. 10-144, to allocate the $2,800 donation from
Indian River Estates Homeowners Association, and approval of EQ10-028 and EQ10-029
to purchase two playground elements, and authonzed the Chairman to sign documents as
approved by the County Attomey.
F. PARKS & RECREATION SERVICES CONTINUED
3. Demolition of BBQ Shelter - Property Record No. Y7601- River Park Marina
The Board approved to demolish the BBQ shelter, Property Record No. Y7601, at River
Park Marina.
G. PUBLIC WORKS
Administration:
1. Port of Fort Pierce Entrance Road (North 2~d Street)
The Board approved the third amendment to Work Authonzation No. 17 with Taylor
Engineering in the amount of $46,113.92 as outlined in the agenda memorandum and
authorized the Chairman to sign documents as approved by the County Attomey.
2. St. James Drive Sidewalk Phase 2
The Board approved JPA No. 427660-1-58-01 with FDOT in the amount of $381,000 for
St. James Drive Sidewalk Phase 2 as outlined in the agenda memorandum, approval of
Resolution No. 10-142, and authonzed the Chairman to sign documents as approved by
the County Attomey.
Road & Bridge Division:
3. Amendment to Contract for Aquatic Vegetation Control Services
The Board approved the sixth amendment to contract No. C07-12-695 with Aquagenix,
adding the Memtt drainage ditch and authorized the Chairman to sign documents as
approved by the County Attomey.
4. Change Order to Street Resurfacing Contract
The Board approved Change Order No. 1 to contract C09-09-455 with Dickerson Florida,
Inc. in the amount of $38,200.66 and authorized the Chairman to sign as approved by the
County Attorney.
H. OFFICE OF MANAGEMENT & BUGET/PURCHASING
1. Bid No.10-022, Lawnwood Complex Gravity Sewer Extension
The Board approved awarding Bid No. 10-022, Lawnwood Complex Gravity Sewer
Extension, to Melvin Bush Construction, Inc. of Port St. Lucie, Florida, in the amount of
$71,481.60 and authorized the Chairman to sign documents as approved by the County
Attorney.
2. Amendment to Auditing Services Contract
The Board approved the second amendment to Contract No. C06-08-570 with Berger,
Toombs, Elam, Gaines & Frank, PL, to include the completion of the year ending
September 30, 2010 audit and authorized the Chairman to sign documents as approved
by the County Attomey.
4
I. ST. LUCIE TRANSPORTATION PLANNING ORGANIZATION
Resolution No. 10-145, Budget Amendment
The Board approved Budget Resolution No.10-145 in the amount of $33,406.
J. SOLID WASTE
1. Amendment to Contract for the Transportation and Disposal of St. Lucie County Landfili
Leachate
The Board approved the second amendment to Contract No. C09-07-260 with Aqua
Clean Environmental Co., Inc. correcting the contract payment paragraph language to
include "Per Fiscal Yea~', and authorized Chairman to sign documents as approved by
the County Attomey.
2. Operation and maintenance services on the Landfill Gas Processing Equipment.
The Board approved the contract with CPL Systems, Inc. for a monthly fixed fee of $7,200
and authorized the Chairman to sign the contract as approved by the County Attomey.
K. PLANNING & DEVELOPMENT SERVICES
Airport Division:
Budget Resolution No.10-143
The Board approved Budget Resolution No. 10-143 establishing the fund for the FDOT grant for
the Florida Power & Light Utilities Relocation Reimbursement and authorized the Chairman to sign
documents as approved by the County Attomey.
VII. PUBLIC HEARINGS
A. PLANNING & DEVELOPMENT SERVICES
Planning Division:
Development Agreement - Ai~port Road Development, LLC
Consider staff recommendation to hold the first public hearing and authorization to schedule the
second public hearing for the DVA 10-001 on June 15, 2010, as outlined in the attached
memorandum.
Mr. Steph Mathis, Culpepper and Terpening, addressed the Board and stated they agreed with the
additional condition as presented.
No action required.
B. COUNTY ATTORNEY
Ordinance No. 10-017 - Amending Chapter 1-17 (Roads and Bridges) to Establish New
Procedures for the Creation and Administration of Street Lighting Improvement Services District
Consider staff recommendation to approve to adopt proposed Ordinance No. 10-017 as drafted.
The Assistant County Attomey advised the Board was to be a financing mechanism and it does not
address the service provider.
It was moved by Com. Craft, seconded by Com. Lewis, to adopt Ordinance No. 10-017, and; upon
Roll call, motion camed unanimously.
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The Chairman advised the Board this item was for informational purposes and has pledged full
support from the Board of County Commissioners.
Board Comments
Com. Craft stated they may have the permit for the preliminary plans of the GEO Plasma Plant.
Com. Coward requested the Board members look at the PB e-mail and the draft proposal from FPL and
weigh in prior to the PSC meeting. It is a solar pilot project mandated by the PSC.
Com. Dzadovsky addressed a House Bill regarding solar rebates for residents. Mr. Rooney has opposed
This Bill and asked for residents to contact the legislature stating it was time they started considering the
Residents and not the power producers.
Com. Coward addressed the House Vote that took place in 2009 regarding the support for Off Shore Drilling
Of Oil in Florida. He asked the public to contact their representatives and state their opposition.
Com. Craft stated he would like to know if they have changed their position after the recent problem.
There being no further business to be brought before the Board, the meeting was adjoumed.
Chairman
Clerk of the Circuit Court
6
AGENDA REQUEST ITEM NO. IV-A
~ DATE: May 18, 2010
4 a~~
~ ~ _
~ REGULAR [x ]
. .
J=~ ~ PUBUC HEARING I ]
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. Mclntyre
County Attorney
SUBJECT: Resolution No. 10-134 -"National Safe Boating Week"
BACKGROUND: Joseph Walsh, Vice Commander ofthe U.S. Coast Guard Auxiliary has
requested that this Board proclaim the week of May 22, 2010
through May 28, 2010 as "National Safe Boating Week" in St. Lucie
County Florida. The attached Resolution No. 10-134 has been
drafted for that purpose.
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution
No. 10-134 as drafted.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ] DENIED
[ ] OTHER: ~
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Review and Approvals
X Count Attorne :
Y Y
Daniel S. Mclntyre
RESOLUTION NO. 10-134
A RESOLUTION PROCLAIMING MAY 22, 2010
THROUGH MAY 28, 2010 AS "NATIONAL SAFE
BOATING WEEK" IN ST. WCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. Water related recreational activities are vital elements in the lives of Florida's
citizens, and the State's 8,426 miles of saltwater tidal coastline, over 3 million acres of inland lakes
and 1,700 miles of rivers and streams provide for many of the needed outlets for recreation and
relaxation.
2. Recreational boating is fun and enjoyable and Floridians are fortunate that to have
sufficient resources to accommodate the wide variety of pleasure boating demands.
3. Our waterways can become crowded at times and be a pface of chaos and
confusion. While being a marvelous source of recreation, boating, to the unprepared, can be a
risky sport.
4. On average, 700 people die each year in boating-related accidents in the United
States and nearly 70% of these are fatalities caused by drowning. The vast majority of these
accidents are caused by human error or poor judgment and not by the boat, equipment, or
environmental factors.
5. A significant number of boaters who lose their lives by drowning each year would
be alive today had they worn their life jackets. It is a simple task that has the potential to reduce
terrible loss in lives. Modern life jackets are more comfortable, more attractive and more
wearable than styles of years past and deserve a fresh look by today's boating public.
6. Knowledge and skills are important in reducing human error and improving
judgment. If people are aware of the risk, they are likely to take the precautionary measures to
protect themselves, their friends, and family.
7. We must continue to spread the messages of boating safety not only during
National Boat Safety Boating Week, but also throughout the entire year.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
1. This Board supports the goals of the North American Safe Boating Campaign and
does hereby proclaim May 22, 2010 through May 28, 2010 as "NATIONAL SAFE BOATING WEEK"
in St. Lucie County, Florida.
2. This Board urges the citizens of St. Lucie County to "Boat Smart. Boat Safe. Wear
It." and practice safe boating habits.
PASSED AND DULY ADOPTED this 18th day of May 2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
AGENDA REQUEST ITEM NO. IV-D
.war~r:wrrewimw~e.r~~ _
a-- DATE: May t$ 2010
. ~I ' ~uY I . . ~ .
~ REGULAR [x ]
. ~ ~
PUBLIC HEARING [ ]
CONSENT [ )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. Mcintyre
County Attorney
SUBIECT: Resolution No. 10-156 -"CIVILITY MONTH" in St. Lucie County,
BACKGROUND: James L. Bennett, Chair of the City, County and Local Government
Law Section of The Florida Bar, has requested that this Board
proclaim the month of May 2010 as "CIVILITY MONTH" in St. Lucie
County, Florida. The attached Resolution No. 10-156 has been
drafted for that purpose.
RECOMMENDATION: StaffrecommendsthattheBoardadopttheattachedResolutionNo.
10-156 as drafted.
COMMISSION ACTION: CONCURRENCE:
j~j APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[X] County Attorney: ~
Daniel 5. Mclntyre
RESOLUTION NO. 10-156
A RESOLUTION PROCLAIMING THE MONTH OF MAY 2010
AS "CIVILtTY MONTH" IN ST. LU~IE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. The open exchange of public discourse is essential to the democratic system of
government.
2. As a cornerstone of democracy, Americans have observed certain rules of behavior
generally known as civility. Civility, derived from the Latin Words "civitas" meaning city
and "civis" meaning citizen, is behavior worthy of citizens living in a community or in
common with others.
3. Displays of anger, rudeness, ridicule, impatience, and a lack of respect and
personal attacks detract from the open exchange of ideas, prevent fair discussion of the
issues, and can discourage individuals from participation in gove~nment.
4. Civility can assist in reaching consensus on diverse issues and allow for mutually
respectful ongoing relationships.
5. Civility can uplift our daily life and make it more pleasant to live in an organized
society.
6. The City, County and Local Government Law Section of The Florida Bar urges the
adoption of a pledge of civility by all citizens in the Staie of Florida.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida, that the month of May 2010 is proclaimed as "CtVILIIY MONTH"
and calls upon all citizens to exercise civility toward each other.
PASSED AND DULY ADOPTED this 18`h day of May 2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE ~OUNTY, FLORIDA
BY:
DEPUN CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTN ESS:
COUNTY ATTORNEY
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In this tough and challenging "FPL's Martin Next Generation Solar
economy, the community has turned to Energy Center is creating hundreds of
Workforce Solutions in increasing numbers. new jobs and delivering significant
Businesses fearful of too many candidates economic activrty in lndiantown. With
for a position turn to us to screen and continued regu~atorysupportand
pre-qualify candidates, and job seekers strong parMerships with dynamic
nervous and apprehensive to find them- organizarions like Workforce Solutions,
~ " selves unemployed are enjoying the many FPL will do more - much more - in the
workshop and training opportunities we
provide. As the Treasure Coast's Workforce coming years to build Flarida's renew-
Development Board (DBA Workforce Solu- able energy industry."
tions), we are pleased to be poised to serve
~ our communities. Pamela M. Rauch
FPL Vice President for Externa) Affairs
We are a private, non-profit corpora- Florida Power & Light
tion with a 43-member Board of Directors
consisting of private business, educational
and economic development representa- "The professionalism and service qua(ity
tives, labor and cammunity-based organiza- of the organizatron is first rate. They
tions, state agencies, elected officials and a presenred qualifred candidates thar had
full-time professional staff. Our mission is to rhe requisite experience a~ad knowledge
provide solutions that meet businesses' and that our' bank values and laoks for in a1!
job seekers' workforce development needs. our staff. Through our partnership with
Workforce Solurions, we look forward ro
making sure we hire locats who will
provide the exceptrona~ cusromer
workforce SOIUt10118 service we are knawn for."
1-866-4U~-HIRE Thomas Mc~ean
Senior Vice President
1-866-482-4473 Southern Commerce Bank
www.YourWorkforceSolutions.com
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of Directors and staff participate local partners and our dedicated enables us to deliver consistent,
as active members of various staff, the Workforce Development quality customer service to our
b o a r d s a n d c o m m u n i t y Board of the Treasure Coast is now ciients.
cammittees. This reach allows us known as Workforce5olutions. ,
to be knowledgeable experts on In the past year, i~
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~conomicDevelopmentCouncils, and job seekers by providing tools and training necessary to
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' cammerce. These partnerships trains CNAs, LPNs and RNs and
enable us ta strengthen our As of January 2009, alf of the creates a pipeiine for upgrading
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to self-sufficiency, we provide them access to the tools service. The number of veterans accessing services
:hat will help them attain those skilis. A compiete list of increased by over 79%.
in demand occupations can be found by visiting our web
site, www.YourWorkfarceSolutions.com under the job In February 2009, the American Recovery and
seeker tab. Reinvestment Act, better known as'stimulus; was passed.
We were awarded $4.8 million and quickly mobilized. .
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employment with an average wage rate of $9.81 per hour. hourly wages. Another 283 youth participated in the
work readiness program and 8 weeks of job shadowing,
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its training participants into unsubsidized employment earned incentives. For adults, class-sized training for f
related to the training received. The training investment demand occupations was initiated and paid work
per person averaged $2,139. The average wage rate for experience was implemented to connect the
participants received at the time of employment ranged unemployed with jobs.
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584 NW University Blvd., Suite 100
Port St. Lucie, FL 34986
1-866-4U2-HIRE
772-335-0677 fax
www.YourWorkforce5olutions.com
AGENDA REQUEST ITEM NO. IV-D
~ . ~ i~
~
~ ~ :~~4~ DATE: May I$ 2010
r~ ~C~
m::~.
~ REGULAR [x ]
. ~
~~F....~~.~ ....~w,~,~~~._.,~-4._. PUBLIC HEARING [ ]
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Daniel S. Mclntyre
County Attorney
SUBJECT: Resolution No. 10-156 -"CIVILITY MONTH" in St. Lucie County.
BACKGROUND: James L. Bennett, Chair of the City, County and Local Government
Law Section of The Florida Bar, has requested that this Board
proclaim the month of May 2010 as "CIVILITY MONTH" in St. Lucie
County, Florida. The attached Resolution No. 10-156 has been
drafted for that purpose.
RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No.
10-156 as drafted.
COMMISSION ACTION: CONCURRENCE:
[ ] APPROVED [ ] DENIED
[ ] OTHER:
Faye W. Outlaw, M PA
County Administrator
Review and Approvals
X] Count Attorne :
~ Y Y
Danie) 5. Mclntyre
RESOLUTION NO. 10-156
A RESOLUTION PROCLAIMING THE MONTH OF MAY 2010
AS "CIVILITY MONTH" IN ST. LUCIE COUNN, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. The open exchange of public discourse is essential to the democratic system of
government.
2. As a cornerstone of democracy, Americans have observed certain rules of behavior
generally known as civility. Civility, derived from the Latin Words "civitas" meaning city
and "civis" meaning citizen, is behavior worthy of citizens living in a community or in
common with others.
3. Displays of anger, rudeness, ridicule, impatience, and a lack of respect and
personal attacks detract from the open exchange of ideas, prevent fair discussion of the
issues, and can discourage individuals from participation in government.
4. Civility can assist in reaching consensus on diverse issues and allow for mutually
respectful ongoing relationships.
5. Civility can uplift our daily life and make it more pleasant to live in an organized
society.
6. The City, County and Local Government Law Section of The Florida Bar urges the
adoption of a pledge of civility by all citizens in the State of Florida.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida, that the month of May 2010 is proclaimed as "CIVILIN MONTH"
and calls upon all citizens to exercise civility toward each other.
PASSED AND DULY ADOPTED this 18`h day of May 2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNN, FLORIDA
BY:
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
~ ~ . . . . ~ ' - ~ ' _ . / ' _ _
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05/14/10 ST. LUCIE COUNTY - BOARD PAGE _
FZABWARR WARRANT LIST #33- 08-MAY-2010 TO 14-MAY-2010
FUND SUMMARY
FUND TITLE EXPENSES PAYROLL
001 General Fund 328,427.44 543,221.81
001113 CDBG Supp Disaster Recovery Subgran 1,880.21 3,244.60
001164 USDOJ Violence Against Women Grant 3.42 51.24
001176 FTA Section 5303 F/Y06 102.43 1,373.20
001180 US Dept Housing HUD Shelter Plus Gr 3,589.47 135.09
001188 Section 112/MPO/Fhwa/Planning 2007 14,515.03 8,813.41
001442 FCTD Planning Grant Agreement 85.72 1,170.85
001443 FDCA RCMP Grant 4,900.00 0.00
001509 US Dept of Housing CDBG 09 20.92 295.80
001510 CSBG FY 2009-2010 12,803.24 2,238.32
001511 ARRA CSBG 2009 23,457.05 1,157.60
001512 Neighborhood Stabilization Program 4,505.82 3,759.02
001513 EITC CSBG T&TA Program 1,041.58 0.00
001515 FDCA EMPA FY10 2,629.11 0.00
001822 Trea. Coast Sea Turtle Friendly Pra 140.78 0.00
101 Transportation Trust Fund 16,162.83 58,053.33
101001 Transportation Trust Interlocals 80.16 1,237.60
101002 Transportation Trust/80o Constitut 21,268.25 44,955.80
101003 Transportation Trust/Local Option 14,523.21 21,999.39
101004 Transportation Trust/County Fuel Tx 18,171.50 17,211.57
101006 Transportation Trust/Impact Fees 24,582.05 0.00
102 Unincorporated Services Fund 7,276.81 67,989.89
102001 Drainage Maintenance MSTU 4,937.02 9,869.20
102809 Paradise Park Phase 2 SFWMD 3,766.60 0.00
104003 Hurricane Frances Donations 1,946.85 0.00
105 Library Special Grants Fund 1,792.85 0.00
107 Fine & Forfeiture Fund 170,225.50 99,147.03
107001 Fine & Forfeiture Fund-Wireless Sur 3,069.62 1,122.83
107002 Fine & Forfeiture Fund-E911 Surchar 12,849.65 48,985.15
107003 Fine & Forfeiture Fund-800 Mhz Oper 32,295.48 0.00
107006 F&F Fund-Court Related Technology 2,226.20 8,736.95
107205 Juvenile Justice & Delinquency Prev 763.52 2,076.00
107206 FDCF Criminal Justice, Mental Healt 1,113.28 0.00
129 Parks MSTU Fund 1,656.17 0.00
130 SLC Public Transit MSTU 149.24 2,067.37
130209 FCTD TRIP FY 09/10 27,858.59 0.00
140 Airport Fund 16,470.97 11,486.56
140347 Rehab Runway 9/27 14,322.59 0.00
150 Impact Fee Collections 108.90 1,523.20
160 Plan Maintenance R.AD Fund 9,821.46 3,110.46
183 Ct Administrator-19th Judicial Cir 6,058.33 3,009.49
183001 Ct Administrator-Arbitration/Mediat 640.00 0.00
183004 Ct Admin.- Teen Court 515.73 5,404.72
183006 Guardian Ad Litem Fund 865.78 0.00
184211 FDEP South SLC Beach Restoration 33,814.28 0.00
184212 Fort Pierce IMP Implementation 7,005.54 0.00
184215 DEP Ft Pierce Shore Protection 2012 18,512.62 0.00
185009 FHFA SHIP 2007/2008 308,800.00 0.00
05/14/10 ST. LUCIE COUNTY - BOARD PAGE 2
FZABWARR WARRANT LIST #33- 08-MAY-2010 TO 14-MAY-2010
FUND SUMMARY
FUND TITLE EXPENSES PAYROLL
185010 FHFA SHIP 2008/2009 684.35 0.00
185011 FHFA SHIP 2009/2010 1,970.24 0.00
189100 Home Consortium 1,768.43 1,703.00
189101 Home Consortium FY 2008 122.00 0.00
189102 Home Consortium 2009 1,390.00 0.00
189201 FHFC Hurricane Housing Recovery Pla 367.58 0.00
189202 My Safe Florida Home 97.71 0.00
310001 Impact Fees-Library 2,067.91 0.00
315 County Building Fund 1,850.00 0.00
316 County Capital 6,899.38 0.00
318 County Capital-Transportation Bond 492.04 0.00
396 Lennard Road 1- Roadway Capital 16.64 0.00
401 Sanitary Landfill Fund 232,659.47 53,020.63
418 Golf Course Fund 6,423.67 19,646.30
451 S. Hutchinson Utilities Fund 421.04 3,540.27
458 SH Util-Renewal & Replacement Fund 48.36 656.21
461 Sports Complex Fund 40,347.88 18,571.62
471 No County Utility District-Operatin 3,573.03 7,718.53
478 No Cty Util Dist-Renewal & Replace 97.03 1,316.92
479 No Cty Util Dist-Capital Facilities 6,632.84 1,481.06
491 Building Code Fund 37,942.50 17,196.83
505 Health Insurance Fund 943,379.47 1,186.40
505001 Property/Casualty Insurance Fund 1,533.57 3,288.44
611 Tourist Development Trust-Adv Fund 282.65 1,901.01
615 Impact Fees Fund 11,478.91 0.00
665 SLC Art in Public Places Trust Fund 148.94 0.00
801 Bank Fund 240,803.15 0.00
GRAND TOTAL: 2,725,252.59 1,104,674.70
~
AGENDA REQUEST ITEM NO. VI-B-1
DATE: May 18, 2010
~ REGULAR [ ]
e ~
,._....~;.,~_~,,.u~~.~,,,...~~.,.~...W...,~.~._ PUBUC HEARING
Leg. [ ] Quasi-JD [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY (DEPT.): County Attorney JoAnn Riley
Property Acquisition Manager
SUBJECT: Revocable License Agreement
Cedar Creek Engineering
Orange Avenue - Monitoring Wells
BACKGROUND: See Attached Memorandum
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: October 21, 2008 - Cedar Creek Engineering was granted permission
by the Board of County Commissioners to install monitoring wells in
Orange Avenue right-of-way.
October 20, 2009 - Cedar Creek Engineering was granted permission
by the Board of County Commissioners to install two (2) additional
wells and 22 temporary injection points for microbes for
bio-remediation in the right-of-way of Orange Avenue.
RECOMMENDATION: Staff recommends that the Board approve the Revocable License
Agreement, authorize the Chairman to sign the Revocable License
Agreement and instruct Cedar Creek Engineering to record the
Revocable License Agreement in the Public Records of St. Lucie
County, Florida.
COMMISSION ACTION: CONCURRENCE:
~jAPPROVED [ ] DENIED
[ j OTHER ~ .
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[x] County Attorne : 1'
Y [x] Road and Bndg~~ [xJ Public Works:
Daniel Mclntyre Don Pauley Don West ~
[x] Originating Dept: [x] Engineering: M~P
JoAnn Riley Mike Powley
~
- PROPERTYACQUISITION DIVISION
•
• • ~ • 1VIEIVLORANDUIVI
TO: Bonrd of County Commissioners
FROM: JoAnn Riley, Property Acquisition Mnnager
DATE~ May 18, 2010
SUBJECT: Revocnble License Agreement
Cednr Creek Engineering
Orange Avenue - Monitoring Wells
BACK6ROVN~ ~
On October 25, 2003 there was n traffic accident and liquid fertilizer, diesel fuel nnd motor oil
was spilt at or,neur 12661 Orange Avenue. This material constitutes haznrdous substnnces and/or
pollutants which were released into the soil nnd groundwnter.
The purpose of the monitoring wells is to determine if the release of liquid fertilizer nnd diesel
fuel thot occurred on October 25, 2003, poses u thrent to the drinking water quality in the
surrounding nrea.
There is o Final Judgment between the Floridn Depnrtment of Environmental Protection nnd
Charles Bnrney Trucking that states Chnrles Bnrney Trucking needs to comply with all
environmentnl requirements to clean up the spill.
The Bonrd of County Commissioners granted Cedar Creek Engineering permission on October 21,
2008 to install 3 to 5 monitoring wells in the right-of-way of Orange Avenue und October 20,
2009 an additionnl 2 wells and 22 temporary in ject points, which hnve been removed. Testing has
required an additionnl 3 monitoring wells and a pump test nt the site.
RECOMMENDATION:
Staff recommends that the Board approve the Revocable License Agreement, nuthorize the
Chairman to sign the Revocable License Agreement and instruct Cedar Creek Engineering to record
the Revocable License Agreement in the Public Records of St. Lucie County, Florida.
Respectfully submitted,
tMn~.-
Ann Riley
Property Acquisition Ma?nnger
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This instrument prepared by:
Janet LiCausi
under the direction of
Daniel S. Mcintyre, County Attorney
2300 Virginia Avenue
Fort Pierce, FL 34982
REVOCABLE LICENSE AGREEMENT
THIS AGREEMENT, made and entered this day of 2010, by and
between ST. LUCIE COUNTY, a political subdivision of the State of Florida, 2300 Virginia Avenue,
Fort Pierce, Florida, 34982 (the "County") and CEDAR CREEK ENGINEERING, 325 A Tierney Way,
Winchester, KY 40391 ("CEDAR CREEK").
WHEREAS, the County is the owner of the property described as:
THAT PORTION OF A COUNTY ROAD RIGHT-OF-WAY, KNOWN AS
ORANGE AVENUE, LYING IN SECTION 08, TOWNSHIP 35 SOUTH,
RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA.
Near Parcel #2308~21-0003-000/5
WHEREAS, "CEDAR CREEK" requests to install 3 wells, MW9 and MW11 and RW1,
in the right-of-way of Orange Avenue near address 12661 Orange Ave. The proposed wells will be
located within 21 - 25 feet of the edge of pavement. See Exhibit "1 They will also be conducting
a pump test on one of the wells after it is installed.
WHEREAS, "CEDAR CREEK" will install 3 monitoring wells and a pump test in the
right-of-way, of Orange Avenue. Wells MW9 and MW11 will be two (2) inch PVC, and RW 1 will be 4
or 8 inch PVC. MW9 will have a depth of 12 feet, MW11 a depth of 35 feet and RW1 20 to 30 feet
deep. Final specs on the recovery well (RW) will be made following instaltation of the other wells.
It will be completed with 6-inch manholes set in 2 x 2 square foot concrete flush with the ground
surface. See Exhibit "2".
WHEREAS, the County has agreed to allow the installation of 3 monitoring wells subject to
the terms and conditions set forth in this Revocable License Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties
agree as follows:
1. The County agrees to grant "CEDAR CREEK" a limited Revocable License
Agreement for the purpose of installing 3 wells as indicated on the attached Exhibit "1". This
license shall extend only to the above-referenced locations (Exhibit 1) and shall not extend to the
construction and/or installation of any other structures.
2. This license shall be binding on future successors and assignees of "CEDAR
CREEK". "CEDAR CREEK" agrees to provide the County with notice of any change in ownership
pursuant to Paragraph seven (7) of this Agreement.
3. The County shall have the right, at the discretion of the County Engineer or the
Road and Bridge Manager, to terminate this Agreement with or without cause and require removal
of the encroachment at "CEDAR CREEK's" sole expense upon thirty (30) days written notice to
"CEDAR CREEK". The County Engineer or Road and Bridge Manager may, in lieu of termination,
request that "CEDAR CREEK" perform certain alterations to the monitoring wells at "CEDAR
CREEK'S" sole expense. However, if such alteration is not performed to the satisfaction of the
County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to
1
terminate this Agreement. "CEDAR CREEK" shall, at ali times, maintain the wells locations so as
not to be a detriment to the traveling public, and any damage to the right-of-way, pavement, or
roadbed during installation or maintenance operations shall be immediately corrected to the
satisfaction of the County Engineer or Road and Bridge Manager.
4. "CEDAR CREEK" shall construct the monitoring wells in accordance with all
applicable building and highway codes and safety regulations of the County and State of Florida,
and shall be maintained solely at the expense of "CEDAR CREEK".
5. "CEDAR CREEK" agrees to allow County employees access to the location of the
monitoring wells for County purposes as determined by the County Engineer.
6. "CEDAR CREEK" agrees to provide copies of the results of the sampling of the
monitoring wells located in the travelway of Orange Avenue to the County Engineer.
7. All notices, requests and other communications dealing directly or indirectly with
this license shall be in writing and shall be (as elected by the person giving such notice) hand
delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified
mail (postage prepaid) return receipt requested, addressed to:
As to County: With Copies to:
County Engineer County Attorney
Engineering Division Administration Building Annex
2300 Virginia Avenue, 2nd Floor 2300 Virginia Avenue, 3`d Floor
Fort Pierce, FL 34982 Fort Pierce, FL 34982
As to Cedar Creek Engineering, Inc St. Lucie County Administrator
325A Tierney Way Administration Building Annex
Winchester, KY 40391 2300 Virginia Avenue, 3`~ Floor
Fort Pierce, FL 34982
or to such other address as any party may designate by notice complying with the terms of this
Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal
delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice
is designated by the postal authorities as not deliverable, as the case may be, if mailed.
8. As consideration for the County agreeing to allow the encroachment of the
monitoring wells as set forth herein, "CEDAR CREEK"~ agrees to indemnify and hold the County
harmless from and against all claims, liability, demands, damages, expenses, fees, fines, penalties,
suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or
nature arising or in any way connected with the use, occupation, management, or control of the
above right-of-way by "CEDAR CREEK" or their agents, servants, employees, patrons, or invitees,
or resulting in injury to persons or property, or loss of life or property of any kind or nature
whatsoever, sustained during "CEDAR CREEK's" use of the property.
9. "CEDAR CREEK" shall promptly record this Revocable License Agreement in the
Official Records of St. Lucie County, Florida. "CEDAR CREEK" shall pay any document excise
taxes and the cost of recording this Revocable License Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
above first written.
2
= 1
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
DEPUTY CLERK CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
/ I
WITNESSES: CEDAR R EK EN NE~~I~I:Br', ~NC, i
. . BY~ ~
IT- V C~ ` 1 GL{ z..~
.
. I
I
STATE OF
COUNTY OF L~= I~'=
The foregoing Instrument was acknowiedged before me this day of ~Y~ ~ 2010
~
by Ci.~c. ~-YS AS ~~'~,[L'4,, c~
` of CEDAR CREEK ENGINEERING .
INC. who producedlt Ovt•r' vt~ ~type of identification) and who did take an oath.
~F~ ~ n
WITNESS my hand and official seal, this day of J~L~ 2010.
~
` `n
S OB~Uf'@ O~Q[~j'~
My commission expires: ~ i
`~~,nu,~ ~ I ~ ~ ~ l Z~ f ,
n,~,~ ~ n~tary pu~t~c_ryp~, ' d
or Stampea _ - . ~
s:lacqlwpljanetUicenseagreelorange ave manitoring w~ell 2010Uicenseagreement.docx
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~E[~AR ~REEK Well Construction
~EE~GI N EER1 ~G~ Specifications
Winchester, Kentucky Drawing Date: 2APR10
DraRed by: PR
. ~
Janet Licausi
From: Paul Rodgers [paul.rodgers@cedarcreekengineering.com]
Sent: Thursday, April 01, 2010 9:55 AM
To: Janet Licausi
Subject: 12661 Orange Avenue - environmental remediation
Attachments: Figure 1- new well locations to St. Lucie Co - 1 APR 2010.pdf; Wierzbicki email approving additional wells
- 23 FEB 2010.pdf
Categories: Blue Category
Janet,
We recently completed environmental assessment work at the above-referenced site. Results of that investigation have
led to the need to install three additional groundwater monitoring wells in the right-of-way along Orange Avenue. The
attached site plan shows the location of the new wells (MW9, MW11 and RW1) in green. We will also be conducting a
pump test on one of the wells after we install it. I am attaching an email from Paul Wierzbicki at FDEP approving the
proposed workplan. We currently have a permit to work in the right-of-way which expires October 2010. Please advise
us of what will be required in order to modify the permit to allow the additional work.
Thanks very much,
Paul
4.r.~~,~l~i~ ~1`~.~~~
EI~~tN~ER1N+G~
Paul Rodgers, PE
CEDAR CREEK ENGINEERING, INC.
325 A Tierney Way
Winchester, KY 40391
859-745-4225 Office
859-227-7061 Cell
859-745-4228 Fax
CedarCreekEn pineerinq. com
~
Paul Rodgers
From: Wierzbicki, Paul [Paul.Wierzbicki@dep.state.fl.us]
Sent: Monday, February 22, 2010 12:17 PM
To: Paul Rodgers
Subject: RE: Chuck Bamey Trucking - 12661 Orange Ave, Fort Pierce; COM 229184
As we discussed a few moments ago, you intend to install additionai groundwater monitoring points, including deeper
and off-property monitoring wells. The next deliverable due to the Department should be May 31, 2010. Please discuss
this with your ciient so that complete and timely submittals are made.
Thank you for your attention to this matter.
Paul Alan Wierzbicki, P.G.
Waste Cleanup Supervisor
Florida Department of Environmental Protection '
Southeast Distrid
400 North Congress Ave., Suite 200
West Palm Beach, FL 33401-2913
Telephone: 561/681-6677
Fax: 561/681-6770
Florida's Water - Ours to Protect: Check out the latest information on Florida Water Issues at
http:/ /w~~~a>.protectin~ourwater.orgL presented by the Florida Departrnent of Environmental Protection.
From: Paul Rodgers [mailto:paul.rodgers@cedarcreekengineering.com]
Sent: Thursday, February il, 2010 4:50 PM
To: Wierzbicki, Paul
Subject: Chuck Barney Trucking - 12661 Orange Ave, Fort Pierce; COM_229184
Paul,
We sent in a Remedial Action Report for the above-referenced site a couple weeks back and wanted to talk to you about
our plans for future work. (Amala had been handling this file. You may recall my visit to your office a year ago or so.) We
will need to install additional wells and will probably want to upgrade our remedial effort based on results of sampling in
December. Anyway, I'm writing just to give you a heads up. I will call you in the next day or so. We (Michael White from
Carolina Casualty, my client, and I) expect to be in Florida in the near future and would be like to meet with you and talk
about the site.
Thanks,
Paul
EI~IGIN~E~tNG~
Paul Rodgers, PE
CEDAR CREEK ENGINEERING, INC.
325 A Tierney Way
Winchester, KY 40391
859-745-4225 Office
859-227-7061 Cell
859-745-4228 Fax
CedarCreekEnaineerina. com
1
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AGENDA REQUEST
_ , ~,r..
ITEM NO. VI-B3
i . .
, . ~ , DATE: October 20, 20Q9
FtEGULAF~ [ ] ~
PUBLIC HEARING
Leg. [ ] Quasi-JD [ )
CONSENT [Xj
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED SY (DEPT.): Caunty Attorney ~ JoAnn~ RiEey
Praperty Acquisition Manager
SUBJECT: Revocable License Agreement
Cedar Creek Engineering .
Orange Averiue - Monitoring Wel[s
BACKGROtJND: See Attached Memorandum
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: October 21, 2008 - Cedar Creek Engineering was granted permission
by the Board of County Commissione~s to instail monitoring weils in
Orange Avenue right-of-way. .
RECOMMENDATION: Staff recommends that the Board approve the Revocabie License
Agreemeryt, authorize the Chair to sign the Revocabie License
Agreement and instruct Cedar Cresk Engineering ta, record the
. Revocabte License Agreement in the Public Records of S~ Lucis
County; Florida. .
COMMISSI~N ACTlON: CONCURRENCE:
j~ APPROVED ( 1 DENIED
I 10THER ' ~
Approved 5-O i~ .
Faye. W, OutIaw, MPA - .
County Administrator
Review and At~orovals
. [x] County Attomey: [x] Road and Bridge~~ ' [x] Public Works: Uw:
Daniel~Mclntyre Don Pauley Don Wesf-~~
jx] Originafing Dapt:~f~. jxJ Engineering; /'~ti~.
~ JoAnn Riley Mike Powfey
"~10N Florida Department of Charlie Crist
~ Governor
~ Environmental Protection Jeff Kottkamp
Lt. Governor
Southeast District Office
400 N. Congress Avenue, Suite 200 Michael W. Sole
Jack Long, Director West Palm Beach, FL 33401 Secretary
Southeast District Office (561) 681-6600
SEP 211009
Mr. Michael P. White, (Email: MWhiteQcarolinacas.com) WCU, OGC 06-2365
Environmental Claims, Chuck Barney Trucking
Carolina Casualty Insurance Company St. Lucie County
P.O. Box 2575 Site ID: 229184
)acksonville, FL 322Q3-2575
Re: Chuck Bazney Trucking Incident
12661 Orange Avenue (SR 68)
OGC 06-2365
Review of Remedial Action Plan Addendum
Dear Mr. White:
The Department of Environmental Protection (Department) has reviewed the Remedial
Action Plan Addendum dated July 31, 2009 (received August 7, 2009) submitted by
Cedar Cxeek Engineering on behalf of Carolina Casualty Insurance company for the
above referenced project.
1. The P.E. certification statement is acceptable.
2. After discussing the issue of sampling on the north side of the road with the
project engineer, the Depaztment is in agreement that this might not be necessary
at this time. There does not appear to be any potable wells near enough in that
direction to be a concern and it appears there would be a need to gain property
access permission in order to install a sarnpling point safely.
3. The response is acceptable. However, this interim remedial action should not
delay the completion of plume delineation.
4. The response is acceptable.
"More Protection, Less Process"
www. dep.state;/l. us
' Mr. Michael P. White,
Carolina Casnalty Insurance Company
Chuck Barney Trucking
Page 2 of 3
5. A Department Innovative Technology acceptance letter is not required for the
product to be used as long as sufficient information is provided for Department
approval. The Innovative Technology acceptance process provides a mechanism
for product review and acceptance so that the product can be used for multiple
sites without multiple reviews.
6. The letter from Novozymes Biologicals, Inc., indicates that sodiurn nitrate and
other salts are added to the product that will be injected, but the analysis provided
does not include information about the salts.
However, since this should be one injection event (see comment below) and
should not have significant Iong-term need for remediation, in this case the data
submitted may be sufficient. (The Departxnent believes this is acceptable;
requiring consultant to monitor the down gradient edge of the plume for
ammonia, nitrate and sodium should be reasonably protective}. It would appear
from the submission that a temporary Zone of Discharge (ZOD) might be needed
for ammonia at least. Since the primary contaminant being remediated is
ammonia, this should not really be an issue.
7. See comments 5 and 6.
S. The location and construction details for another well to the southeast of MW3B
should be provided. Direct push technology could be used to locate the extent of
the plume and then a permanent well could be installed to monitor the plume until
it degrades. Alternatively a permanent well could just be located 20 or 30 feet
southeast of MW3B. If the well has eievated contaminant concentrations, another
well would be needed further down gradient. Field measuring technology could
probably be used to adequately deternline the level of ammonia and nitrate on the
spot for the purpose of well location. Figure 4 should indicate the Iocation of
additional wells.
9. The response appears to be acceptable.
10. The response appears to be acceptable.
11. The response appears to be acceptable. The Depaztrnent does not foresee any
problem with considering this to be one injection event.
12. The response appears to be acceptable.
- Mr. Michael P. White,
Carolina Casualty Insurance ComP~Y
Chuck Barney Trucking
Page 3 of 3
13. There may be a need to inject an organic carbon source (molasses or some other
food source) for bacterial mass production if there is not an adequate supply
already present in the soil.
14. Please provide a certified copy by a Florida Professional Engineer or Geologist of
the new groundwater monitoring plan with injection points and groundwater
monitoring wells (Figure 4) to the Department.
Please respond to these comments by October 31, 2009. If you have any questions
regarding this review, please contact Ms. Amala Senarath at (561) 681- 6675.
Thank you for your cooperation in this matter.
Sincerely,
Paul Alan Wierzbicki, P. G.
Waste Cleanup Supervisor
Waste Cleanup Section
cc: Mr. Jeff Close, Esq., Office of General Cvunsel, Tallahassee
Mr. Chad R. Stevens, Office of General Counsel, Tallahassee
Ms. Mary Murphy, DEP/ Port St. Lucie
St. Lucie County Health Department
Mr. Paul Rodgers, P.E., Cedar Creek Engineering, Inc.,
(paulC~3cedarcreeken~ineering.com)
Mr. Art Torvela, PE, DEP, Southeast District
Mr. Gary Millington, PE, Bureau of Waste Cleanup, Tallahassee
Waste Cleanup Files 090743
-
r~
- A6ENDA REQUEST rrEM vz-a3
~ DATE: October 21, 2008
o • e ~
_ . REGULAR [ )
PUBLIC HEARING
Leg. [ ] Qunsi-JD [ ]
CONSENT [X]
TO: BOAR~ OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY (DEPT.): County Attorney JoAnn Riley
Property Acquisition Mnnager
SVBJEGT: Revocnble License Agreement
Cedar Creek Engineering
Ornnge Avenue - Monitoring Wells
BACK6ROUND: See Attached Memorandum
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMEN~ATION: Staff recommends that the Board approve the Revocable License
Agreement, authorize the Chairman to sign the Revocable License
Agreement nnd instruct Cedar Creek Engineering to record the
Revocable License Agreement in the Public Records of St. Lucie County,
Floridn.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ] DENIED
[ ] OTHER ~1 .
~ tDougfas M. Anderson
Approved 4-1
Comm. Coward Absent County AdministrQtor
Review and Approvals
[x] County Attorney: [xl Road and Bridge~L~~ [x] Public Works:
Daniel McIntyre Don Pnufey Don West
[X] Originating Dept: [x] Engineering: ~'i~'I~ [ ] Purchasing:
3oAnn Riley Michael Powley
~
AGENDA REQUEST ITEM NO: VI-B-2
DATE: May 18, 2010
~ REGULAR [ J
~ ~ ~ •
PUBLIC HEARING
Leg. [ ] Quasi-JD [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY (DEPT.): County Attorney JoAnn Riley
Property Acquisition Manager
SUBJECT: Revocable License Agreement
Mr. & Mrs. Blaszka
102 NW Floresta Drive
River Park Unit Eight
BACKGROUND: See Attached Memorandum
- - - - -
-
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board approve the Revocable License
Agreement, authorize the Chairman to sign the Revocable License
Agreement and direct Mr. & Mrs. Blaszka to record the document in
the Public Records of St. Lucie County, Florida.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ] DENIED
[ ) OTHER
~
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[x] County Attorne :
Y [xj Road and Brid [xJ Public Works:~'
Daniel Mclntyre Don Paufey
Don West
[xj Originating Dept: J~mP [x] Engineering:- MY~
JoAnn Riley Mike Powley
~
- PROPERTY ACQUISITION DIVISION
~ MEMORANDUM
. .
TO: Board of County Commissioners
FROM: JoAnn Riley, Property Acquisition Manager
DATE: May 11, 2010
SUBJECT: Revocable License Agreement
Mr. & Mrs. Blaszka
102 NW Floresta Drive
River Park Unit Eight
BACKGROUND:
Mr. & Mrs. Blaszka request permission to install a 6-foot wood stockade fence in the
County's 20-foot Drainage and Utility Easement at the rear of their property and within the
6-foot Drainage and Utility Easement along the side of their property in River Park.
Staff has approved the Revocable License Agreement with the understanding if the
encroachment causes any flooding or utilities need to be installed Mr. & Mrs. Blaszka
must move the fence at their own expense. Mr. & Mrs. Blaszka have signed this
Revocable License Agreement with this understanding.
RECOMMENDATION:
Staff recommends that the Board approve the Revocable License Agreement, authorize
the Chairman to sign the Revocable License Agreement and direct Mr. & Mrs. Blaszka to
record the document in the Public Records of St. Lucie County, Florida.
Respectfully submitted,
C~,.-~..~
Ann Riley
Property Acquisition Manager
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A BOUNDARY AND ktCORD SURVEY FOR RICHARD F. BLASZKA AND JANET BLASZKA
Boun d ary Surve
y
Note: A!1 Bearfigs dc Dlstonces
Are Aa Per Plot -Unless
Noted Otherwlse:
0
M
il
II
~
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U "
N. W. Floresta Drive
` 80' Right-of-Woy 20' Povement p= g00 '
0 00
R = 25. DO'
~ 2' Concrete Valley Curb ~ L = 39.27~
o (Piot & Measured)
~ • Point of ~
Curvoture Z
N89 ;33' 10 "E 100. 00' - '
~ °o ~
Poin t of ~ ~
N . Tongency ~ ,
Z . ~ ~ ~
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N89 33'10 E 12 . DO'
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ADDRESS: 102 NW Floresta Drive U~~CK ~ 39 ~ s '
Port St. Lucie, Florida • o
i
LEGAL DESCRIPTION: o
t
Lot 32, Block 139, RIVER PARK UNIT EIGHT, according to the Piat thereof, as recorded in Plat
Book 14, Page 37, of the Pubiic Records of St. Lucie County, Fiorida.
r
This instrument prepared by:
Janet LiCausi
under the direction of
Daniel S. Mclntyre, County Attorney
2300 Virginia Avenue
Fort Pierce, FL 34982
REVOCABLE LICENSE AGREEMENT
THIS AGREEMENT, made and entered this day of , 2010, by and
between ST. LUCIE COLTNTY, a political subdivision of the State of Florida, ("County") and RICHARD
AND JANET BLASZKA, whose address is l02 NW Floresta Drive, Port St. Lucie, FL (the "Owner").
WHEREAS, the Owner owns the property described as follows:
River Park, Unit 8, Block 139 Lot 32 according to Plat Book 14, at
Page 37 of the Public Records of St. Lucie County.
WHEREAS, the County is the owner of the property described as:
A 20 foot drainage/utility easement, lying in the rear of Lot 32, Block
139, River Park, Unit 8, and a 6 foot drainage and utility easement along
south side of said parcel.
WHEREAS, the Owner has reyuested a Revocable License Agreement for a 6 foot wood
stockade fence to be placed within the County's 20 foot drainage/utility easement at the rear property and
a 6 foot wood stockade fence within the 6 foot drainage/utility easement on the south side of the property.
See Exhibit "A".
WHEREAS, the County is willing to permit the Owner to encroach in the County's
drainage/utility easements for the purpose of installing a fence subject to the terms and conditions set
forth in this Revocable License Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree
as follows:
1. The County agrees to grant the Owner a Revocable License Agreement for a 6 foot wood
stockade fence which will encroach within the County's drainage/utility easements. This Revocable
License shall extend only to the referenced fence shall not extend to the construction and/or installation of
any additional structures or utilities.
2. The sole purpose of this Revocable License Agreement is to grant the Owner permission
to install and maintain the fence in the County's drainage/utility easements. The owner agrees that if the
County Engineer and/or Road and Bridge Division determine the fence is causing flooding or drainage
problems or other needs in the area and needs to be removed or relocated the owner will do so at the
Owners sole expense.
3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes
the Owner to install the fence in the County's drainage/utility easements.
4. The Owner shall maintain the drainage easements along their fence in accordance with
Standard Specifications for Public Works Construction in St. Lucie County, Florida and Health
Department Standards. The fence shall not interfere with County use of the easements and any damage to
the County easements shall be repaired by Owner.
5. This Revocable License Agreement shall be binding on future successors and assignees
of the Owner, provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve
(12) of this Agreement.
6. The County shall have the right, at the sole discretion of the County Engineer or Road
and Bridge Manager, to terminate this Agreement with or without cause and require removal of the
encroachments at the Owner's sole expense upon ninety (90) days written notice to the Owner. The
County Engineer or Road and Bridge Manager may, in lieu of termination, request that the Owner
perform certain alterarions to the fence or the location of the fence, at the Owner's sole expense.
However, if such alteration is not performed to the satisfaction of the County Engineer or Road and
Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement.
7. Upon the abandonment of the fenee, the expiration of this Revocable License Agreement,
or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be
responsible for the removal of the fence and repair of the easements, if necessary.
8. The term of this Revocable License Agreement shall begin on the date first above written
and shall remain in effect unless otherwise revoked or abandoned as provided herein.
9. Owner agrees to relocate the referenced fence, at any time and at no cost to the County, if
necessary for the maintenance or improvements of drainage/utility easements by the County or Utilities
Departrnent.
10. The fence shall be installed in accordance with all applicable building codes and permitting
regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance or
relocation activity will be subject to the written approval of the County Engineer.
11. The Owner agrees to allow County ernployees access to the location of the fence for
County purposes as determined by the County Engineer.
12. All notices, request and other communications dealing directly or indirectly with this
license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by
messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid)
return receipt requested, address to:
As to County: With Copies to:
County Engineer County Attorney
Engineering Division 2300 Virginia Avenue, 3rd Floor
2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982
Fort Pierce, FL 34982
As to Owner:
Mr. & Mrs. Richard Blaszka
102 NW Floresta Drive
Port St. Lucie, FL 34983
or to such other address as any party may designate by notice complying with the terms of this section.
Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date
upon which the return receipt is signed or delivery is refused or the notice is designated by the postal
authorities as not deliverable, as the case may be, if mailed.
13. As considerarion for the County granting this Revocable License Agreement the Owner
agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages,
expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable
attomeys fees of any kind or nature arising or in any way connected with the use, occupation, management,
or control of the above properiy by County or its' agents, servants, employees, patrons, or invitees, or
resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever,
sustained during Licensee's use of the property.
14. The Owner shall promptly record this Revocable License Agreement in the Official
Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of
recording this Revocable License Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above
first written.
ATTEST: ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
DEPUTY CLERK
BY:
CHAIR MAN
A.PPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
WITNESS : /
~
W' ess for both RICHARD BLASZKA
~ ~ fc~..~~
Witness for both
JANET BLASZI
STATE OF FLORIDA
COUNTY OF ST. LUCIE
r~
The foregoing instrument was aclrnowledged before me this ~ day of 2010, by
RICHARD BLASZKA and JANET BLASZKA who produced ~R{v ~s Ca ~~e of entification)
and who did take an oath. ~~o~
2~~
WITNESS my hand and official seal, this d day of , 2010.
„~ir"••,, STEPFiANIE WIL.E
M commission ex ir `
Y P Commission DD 794751 Si ature of Notary Public
~ ~ E~ires June 4, 2012
'+~,~,p~~, Bad~Q7lwTioyfinY~wiorlOP3l67019
` A BOUNDARY AND RECORD SURVEY FOR RICHARD F. BLASZKA AND JANET BLASZKA
Boundary Survey
Note: All Bearinqs ec Distances
Aro Aa Per Plat_Unlens
Noted Otherwlas:~
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ADDRESS: 102 NW Floresta Drive D~~C~ 139 ?
Port 5t. Lucie, Florida °
i
E
LEGAL DESCRIPTION:
Lot 32, Biock 139, RIVER PARK UNIT EIGHT, according to the Plat thereof, os recorded in Plat
Baok 14, Page 37, of the Public Records of St. Lucie County, Florida.
CERTIFlED T0:
RiCHARD BLASZKA AND JANET BLASZKA;
SUNTRUST BANK, IT5 SUCCESSORS AND/OR ASSIGNS AS THEIR INTEREST MAY APPEAR;
UNIVERSAL LAND TiTLE. INC.;
LAWYERS T1TLE INSURANCE CORPORATION
NOTE: Water Service
Qp = Found 5/8" Iron Rod (No Cap) & Underground Power
CERTIFICATS: 1'hln is to osrqf~ thst tWs ~fCH OF 9ITRVL7. of the hsrsoa seanpe ~eon ~ av~ m ~p ~~am a
de~criyad b true and correct to the bs~t oi m~owls e aad ballet. N ~to Drlva:
7 ~
P~P~'~7~
~ o .~,~e m~.~~. ~ .~.n. .~d m~.~ T.~~.? EXHIBIT
9tan ut larth in Chepter BLG17-8 F.A.C. by the Floridn Hoerd of Iand
9 o pur~uent to 9acUon 472.027. Florlda 3tatutee. ~
~l ~ ~ ~
~Qg,; NO'I YALID UNLS33
SEAI,SD 111Tf! AN SYHOSS6D
SURVE70&'S 9EAI. ,
G30 E . AYIAR dR. 1'W~ 9i1RVET PrePeTed ttom
lssal ds~eriptloa supplied
F.L9Y. ¢4Qi6 by etiaat-
I~~IlIIIliij~ IL~ffi~I~IlIIffi SCALE FIELD SHEET BOOK & PAGE
Land Surveyor 1" = 30' NL/SS ~ File l
10556 South Federal Highway '
P.o. Hox eee ~sgrr H~+cx, F1.U1tmA 34958 D~~ PCF OF WORK ORDER N0.
(772) 39B - 8188 , 21675-1
FAX ('r72) 937 - 7404 9/16/2004 ~~D Pyy~
:
AGENDA REQUEST ITEM NO. VI-B-3
DATE: May 18, 2010
- ~ .
~ ~ ` ~ - REGULAR [ ]
~
; ~ M = PUBLIC HEARING [ ]
CONSENT[X]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY (DEPT): County Attorney Mark Godwin~
Criminal Justice Coordinator
SUBJECT: Request to have the Board approve an Interagency Agreement
with the Florida Department of Juvenile Justice for the operations
of the Juvenile Assessment Center.
BACKGROUND: Please see attached Memorandum CA No. 10-0561
FUNDS AVAIL: 102-6291-549925-6001 (miscellaneous costs - JAC)
PREVIOUS ACTION: On April 27 2010, due to the economic reductions, the BOCC
approved the termination of the vendor Human Services
Associates for the JAC operations.
RECOMMENDATION: Staff recommends the Board approve the Interagency Agreement
with the Department of Juvenile Justice (D.J.J.) for the operation
of the JAC Center. Since D.J.J. is a department of State
Government, this Agreement can be approved without a RFP.
Furthermore, D.J.J. would be $10,232.33 less expensive to
operate per month than with the previous contractor.
COMMISSION ACTION: CONCURRENCE:
APPROVED [ ] DENIED
OTHER: ~
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[X] County Attorney: ~ [x] Management 8 Budget: (
Dan Mclntyre Marie Gouin, Director
Patty Marston, Analyst
~
~ r~,~ R µ ~
~ ~ ~ti
~ County Attorney
. • ~ .
tx;~~~,~~~ ,sY~:.. .~.~,~::r~_~,..~,.~~~.:
MEMORANDUM10-0561
TO: Board of County Commissioners
THROUGH: Daniel S. Mclntyre, County Attorney
FROM: Mark J. Godwin, Criminal Justice Coordinator~
DATE: May 18, 2010
SUBJECT: Request to approve Interagency Agreement with the Department of Juvenile
Justice for the operation of the Juvenile Assessment Center
ITEM NO. Consent / VI-B-3
Backqround:
ln 2005, St. Lucie County funded the Juvenile Assessment Center (J.A.C.) as an eighteen-month
pilot project. In 2007, the Board again funded the J.A.C., with finro thirds of the funding being
provided by the Cities of Fort Pierce and Port Saint Lucie along with court fine contributions.
The J.A.C. is a 24-hour central receiving, booking program serving juveniles throughout St. Lucie
County. After taking juveniles to the JAC, Law Enforcement Officers can return to assigned duties
within approximately 15 minutes, thereby saving an average of three (3) hours per juvenile case.
Prior to the JAC, officers had to take the children to the jail for booking. The jail is not currentty abte
to accommodate juveniles. Once the juvenile arrives at the J.A.C., they are electronically
fingerprinted and photographed. The juveniles then are screened to determine if they are going to
be placed in the detention center.
On April 27, 2010, the Board terminated the contract with the vendor who operated the JAC. The
Fort Pierce Police Department was unable to make contributions to the JAC fund, additionally a
dramatic reduction in court fines also contributed to the funding shortfall.
The Department of Juvenile Justice (DJJ) has come forward, and proposed an Interagency
Agreement to provide staff for the booking, screening, fingerprinting and photographing of juveniles
at a significant cost reduction. The DJJ JAC Agreement would be $10,232.33 less expensive per
month than the previous vendor. Detention staff would be able to start on June 1, 2010, therefore
resulting in a seamless transition.
Recommendation:
Staff recommends that the Board approve the INTERAGENCY AGREEMENT between the
Department of Juvenile Justice and St. Lucie County for the operation of the J.A.C.
INTERAGENCY AGREEMENT
THIS AGREEMENT is made and is effective this_ l lth day of May, 2010, by
and between St Lucie County Government and the Department Of Juvenile
Justice (hereinafter referred to as DJJ).
WITNESSETH:
WHEREAS, both parties to this agreement are committed to providing statutorily
mandated coordinated and effective services to the citizens of St Lucie County;
and
WHEREAS, both parties agree that sharing resources, where feasible, will result
in a benefit to all citizens of St Lucie County; and
WHEREAS, the DJJ will operate a Booking and Screening Unit located at 1215
Bell Avenue, Fort Pierce, Florida 34982
WHEREAS, St Lucie Government has historically handled the booking
(fingerprinting and photographing) of juveniles arrested for criminal violations in
St Lucie County;
NOW THEREFORE, the parties agree as follows:
1. The recitals contained above are true, correct and incorporated herein by
reference.
2. St Lucie County Govemment shall pay the total sum of $185,568.00
annually to DJJ through monthly payments of $15,464.67 from June 1,
2010 through September 30, 2010, to assist in the operation of the
Booking and Screening Unit. DJJ shall use these funds to hire qualified
personnel who will perform the "booking" (fingerprinting and
photographing) responsibility for juveniles arrested in St Lucie County.
These funds may also be used to help defray any costs directly associated
with the booking process. Payments are to be made by the 10`~ of each
month for the previous month.
3. DJJ shall make any and all data complied during the "booking" process
available to the St Lucie County Government or authorized agent(s) and
will also submit such data as required pursuant to Florida State Statute to
the Florida Department of Law Enforcement.
4. DJJ further agrees that the Booking and Screening Unit will be available
seven days per week, twenty-four hours a day, to temporarily house any
juveniles lawfully detained by St Lucie County police department, with
the exception of those juveniles who are to be incarcerated at the St Lucie
County Jail.
5. This agreement shall be effective from June 1, 2010 until September 30,
2010.
6. This agreement may be terminated by either party with thirty (30) days
notice received in writing.
7. This agreement may only be amended or modified upon approval of both
parties. Any modification or amendment to the document shall not be
valid until such approval has been obtained.
8. All youth that do not meet Detention Criteria and need to be placed will be
processed and placed in accordance with the CYF/DJJ lockout agreement .
IN WITNESS WHEREOF, the duly authorized representatives of each of the Parties
hereto have executed this Interagency Agreement as of the Effective Date.
St Lucie County Government Department Of Juvenile Justice
By: By.
(Signature) (Signature)
Name: Name:
(Pr;nt> ~~t~
Title Title
(Print) (rrint)
~
~
~ - - AGEN~A REQUEST ITEM NO. VI- ~~I"
DATE: May 18, 2010
• REGULAR[]
. ~ ~
- PUBLIC HEARING
Leg. [ ] Quasi-JD [ J
CONSENT [x]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY;
SUBMITTED BY (DEPT.); County Attorney JoAnn Riley
Property Acquisition Manager
SUBJECT: Donation of Right-of-Way
Church of God Prince of Peace of Port St. Lucie, Inc.
19 feet on Oleander Avenue - Resolution No. 10-155
BACK6ROVND: See an attached Memorandum
FUNDS AVAILABLE: N/A
PREVIOUS ACTION:
May 30, 2009 - Growth Management Director approved GM-09-007 gronting a Major Adjustment to a
Minor Site Plan known as Church of God Prince of Peace.
RECOMMENDATION:
Stnff recommends that the Board accept the Warranty Deed of Donation, authorize the Chairman to sign
Resolution No. 10-155 accepting the Warrunty Deed of Donation nnd direct staff to record the documents
in the Public Records of St. Lucie County, Floridn.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ] DENIED
[ ] OTHER
Approved 5-0 Faye W. outlnw, MPA
County Administrator
Review and Approvals
. x blic rks: •
[x) County Attorney: ~ [x] Rond and Bridg Pu Wo
Daniel 5. McIntyre Don Pauley Don est
[x] Originating ~ept: ~m~ [xJ Engineering: t"~~~ [x) County Surveyor:
JoAnn Riley Mike Powley Ron Harris
5:\ACQ\WP\Right of Wny Donations\Church of 6od Prince of Peace\Agenda Request.wpd
~
PROPERTY ACQUISITION DIVISION
•
~ ~ ' ~ MEMORAN~UM
TO: Bonrd of County Commissioners
FROM: JoAnn Riley, Property Acquisition Manager
DATE: Mny 18, 2010
SUBJECT: Donntion of Right-of-Wny
Church of God Prince of Pence of Port St. Lucie, Inc.
19 feet on Oleander Avenue - Resolution No. 10-155
BACKGROUND:
On May 30, 2009, the Growth Mnnagement Director npproved GM-09-007 grnnting n Mnjor
Ad justment to a Minor Site Plnn known ns Church of God Prince of Peuce.
Condition Number 1 required the Church of God Prince of Peace to convey 19' of right-of-way for
Oleander Avenue to St. Lucie County.
We have uttnched the Warrnnty Deed of Donation executed by the Church of God Prince of Peace
for your review nnd acceptance.
RECOMMENDATION:
Stnff recommends thnt the Bonrd nccept the Wnrrnnty Deed of ~onntion, nuthorize the Chairman
to sign Resolution No.10-155 nccepting the Wnrranty ~eed of Donation nnd direct staff to record
the documents in the Public Records of St. Lucie County, Florida.
Respectfully submitted,
t~u~
J Ann Riley
Property Acquisition Manager
5:\ACQ\WP\Right of Way Donations\Church of God Prince of Peoce\Agenda Memo.wpd
~
7~~~~~~~ Church of God Prince of Peace ~~~E
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Prepared bv and return to:
Frank H Fee, IV
Vice President
Treasure Coast Abstract & Title Insurance Co.
426 Avenue A
Fort Pierce, FL 34950
772-461-7190
File Number: 09-1144
Considerarion: $1.00
Parcel Identification No. 3409-143-0001-000/1
[Space Above This Line For Recording Data]
Warranty Deed of Donation
(STATUTORY FORM - SECTION 689.02, F.S.)
This Indenture made this 23~d day of April, 2010, between Church of God Prince of Peace of Port
Saint Lucie, Inc., a Florida non-profit corporation, whose post office address is 5905 Oleander
Avenue, Fort Pierce, FL 34982 of the County of Saint Lucie, State of Florida, grantor*, and St.
Lucie County, a political subdivision of the State of Florida whose post office address is 2300
Virginia Ave, Fort Pierce, FL 34982 of the County of Saint Lucie, State of Florida, grantee*,
Witnesseth that said grantor, for and in consideration of the sum of ONE AND NO/100 DOLLARS
($1.00) and other good and donative intent of grantor, the receipt whereof is hereby acknowledged, has
granted, bargained, and conveyed to said grantee, and grantee's successor and assigns forever, the
following described land, situate, lying and being in Saint Lucie County, Florida, to-wit:
See three (3) page composite Exhibit "A" attached hereto and made a part hereof.
SUBJECT TO restrictions, reservations, lirnitations, and easements of record, if
any; this reference to said restrictions shall not operate to reimpose the same, and
taxes for the year 2010 and subsequent years.
a.nd said grantor does hereby fully warrant the title to said land, and will defend the same against lawful
claims of all persons whomsoever.
*"Grantor" and "Grantee" are used for singular or plural, as context requires.
(Execution of Grantor appears on following second page.)
Signed, sealed and delivered in our presence:
Church of God Prince of Peace of Port Saint Lucie,
Inc., a Florida non-pr c ration
C
By:
Re d ardo Urena, President
W~ e Na e: I'"~~Yl~
r f
Witness Name: ~,1~ J ~t/ ~~f' `
~
Church of God Prince of Peace of Port Saint Lucie,
Inc., a Florida non-profit corporation
~ ~,~c.-' '
By: G~
~ T itha iles, Secretary
W~ N e: ~:'7~ °fz`~~~...
~
r
ifiess Name: ~ ,f
Church of God Prince of Peace of Port Saint Lucie,
In . a Florida non-profit corporation
.
' y.
/ Raf 1 onzale ; ir or
itn s N e: l`~f/ ~Yl~-
~
~
Witness Name: i - E"~
(Grantor Notary Acknowledgements appear on following third page.)
State of Florida
County of Saint Lucie
The foregoing instrument was aclrnowledged before me this ~ 3 day of April, 2010, by Reverend Eduardo
Urena, President, of Church of God Prince of Peace of Port Saint Lucie, Inc., a Florida non-profit corporation, on
behalf of said firm. He/she ~is personally lrnown or has uced driver's lic e as identification.
? G
[Notary Se ~~Y~ pE~ o ub '
~a~~~ • P,;;•`~ ~b~r PubNc - stae a Flodd.
'•~y Canni~ion Expin~,lun Zq, 2010 Printed Name:
Con~n~ion / OD 5B6i07
Bonded
~ ~ ~ My Commission Expires: ~ ' o~ O - ~
State of Florida
County of Saint Lucie
The foregoing instrument was aclrnowledged before me this ~J day of April, 2010, by Talitha Ubiles,
Secretary of Church of God Pnnce of Peace of Port Saint Lucie, Inc., a Florida non-profit corporation, on behalf
of said firm. He/she [±~is personally lrnown or has produced a er' icense as ~ n i cat~
r '
[Notary Sea N ta u
~~~«R'r'n~'~~,~~ EVELYN PEREZ
Not~y P~bMC - S~M 01 Fblid~
=#~,y ~ E~,~ ~p, ~p~p Printed Name: ~ ~
of n~:`~ CO~NI~Nbn / DO 5Q8~07
gcnded 9p Nrion~l No~y Apn. f
My Commission Expires: ~ - ~
State of Florida
County of Saint Lucie
The foregoing instrument was aclrnowledged before me this day of April, 2010, by Rafael Gonzalez,
Director of Church of God Prince of Peace of Port Saint Lucie, Inc., lorida non-profit corporation, on behalf of
said firm. He/she ~s personally lrnown or has produced a' er' lic se as identi ~on.
~
r,.
[Notary Seal] otary P ic
P%- EVELYN PEREZ Printed Name: ~
le~ ' •"~o'l r~Ri ' 0~ ~ riMNO
~~,,^4•' w`~~~ ~M!wn..u~ e ~y~
' ~ ~ ~0"~~"'~0" My Commission Expires: ~ - ~ ~
C~n ~ DO 5~7
eona.a er FlaMona No~r Apn.
DE~CRIPTION ~ SKE?CH
PREPARED FOR:
CHRUCH OF G00
ST. LUCIE COUNTY
RIGHT-OF-WAY DEDICATION
LEGAL DESCRIPTION:
THE EAST 19 FEET OF THE FOLLOVJING DESCRIBED PARCEL:
BEGIN AT THE SW CORNER OF L0T 220, THENCE RUN NdRT H 63 FEET; THENCE RUN EASTERLY TO A POINT
ON THE EAST LINE OF LdT 220 WHICH IS 52 FEET NORT H OF SAID LOT'S 5E CORNER; THENCE RUN
SOUTH TO THE 5E CORNER OF SI~ID LOT• THENCE RUN WEST ON THE 50UTH LINE OF SAID LOT 220, TO
THE POINT OF BEGINNING; LESS THE EAST 33 FEET FOR RQ4D. SAf~E BEING THE SUBDIVISION OF
SECTION 9, TOWNSHIP 36 SOUTH, W1NGE 40 EAST. (WHIT E CITY SUBDIVISION PB i, PG 23)
TOGETHER WITH:
THE EAST 19 FEET OF THE FOLLOWING DESCRIBED PARCEL;
THE EAST 1 2 OF THE N 1/2 OF THE S 1/2 OF THE SE t/4 OF THE NE 1/4, LESS THE EAST 33 FEET
FOR R0+1D P RPOSES, SECTION 9, TGWNSHIP 36 SOUTH, RA NGE 40 EAST. (ORB 161, PG 397)
PARCEL CONTAINS 7,370 SOUARE FEET, OR 0.169 ACRES MORE OR LESS.
SURVEYOR'S NOTES:
1. TH15 DRAWING IS N07 A SURVEY.
2. NO SEARCH OF.7NE PU6LIC RECORDS HAS B~EN IMDE 9Y 7HIS OFFICE.
3. THE DESCRIP.~'IQN SKE7CH AND THE DESCRIPTION TEXT COIAPRISE THE COI~PLETE LEGAL DESCRIPTI~N.
THE LEGAI;;°L~~SCI~ t PT I dN 1 S NOT VAL I D UNLESS BOTH ACCOMPANY EACH ~THER.
4. THIS LEGAL•:DESCA.-!•PTION 1S-N0T VALID WITHOUT THE 51GNATURE AND THE ORIGINAL RAISED SEAL OF
A FLOR FDh- l: I GENSED SUfiVEYOR AND I~MPPER EI~LOYED BY ALEXANDER J. P? AZZ/i PSI~, I NC.
5, DATE OF LEfAL DFS~RIPTIO TOBER 6, 20D9
11LEXA .'P I ZA P 1 =
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ALEXANDE J.. P i A lj
PROFES510NAL SUR YdR AND MAPPER FLORIDA
CERTI~ICATE No. 5330
ALEXANDER J. PIAZZA PSAA~ ~~C. R~ K: \BUI LDERS\DWC2009\DIN~\OS-842-5K1 . DWG
Surveying • ~Aapping • Consulting
619 SW Biltmoro 5treet ~ CJM / AJP PG. J08 09-0542
~ Port St Lucie, Florida 34983
Phone: (772) 340-7770 OFF CJM 10-06-09
Faz: (772) 340-2250 CKD AJP SHEET 1 OF 3 DWG A-0069
K~\BUILDERS\DWGZ009\DWG\09-642-SKl.dwg 10/6/2009 8~40~17 AM EDT
Exhibit A
DESCR1P110N dc SKETCH
PREPARED FOR:
CHRUCH OF GOD
5T. LUCIE COUNTY
RIGHT-OF-WAY DEDICATION
MIDWAY RQAD
S I TE W ~
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ALEXA~DER J. ~~~~Z~ PS~~ ~~~i. ~ K: \BU I LDERS\OWG2009\DWG\09-642-SK1 .OWG
Surveying • Mapping • Consulttng
619 SW Biitmore Street CJb1 / AJP FB. PG. J08 D9-0842
Port St. Lucfe, Florida 34983
~ Phone: (772) 340-777~ CJM 10-06-09
~ Fax: (772) 340-2250 CKD A~P SHEET 2 OF 3 DWG A-0069
K~\BUILDERS\DWG2009\DWG\09-642-SKl.dwg 10/6/2009 8~40~17 AM EDT
DESCRIPTION ~ SKETCH
PREPARED FQR:
CHRUCH OF GOD
ST. LUCIE COUMY
RIGHT-OF-WAY DEDICATION
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Surveying • Mapping ~ Consulting
619 5W Biltmore Street ~p ~ pg, P~. J08 09-0642
Port 5t. Lucle, Florida 34983 CJM AJP
~ Phone: (772) 340-7770 CJM ~7F
1 D-06-09
Fax: (772) 340-2250 CKD SNEE7 OF DWG
A~P 3 3 A-0069
K~~BUILDERS~DWG2009\DWG\09-642-SKl.dwg 10/6/2009 8~40~17 AM EDT
RESOLUTION NO. 10-155
A RESOLUTION ACCEPTING A
WARRANTY ~EED OF DONATION
ON BEHALF OF ST. LUCIE COVNTY, FLORIDA
BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, that:
The foregoing WARRANTY DEED from the Church of 6od Prince of Peace of Port
St. Lucie, Inc. is duly accepted on behalf of St. Lucie County this 18"' dny of MAY, 2010.
BOARD OF COVNTY COMMISSIONERS
ST. LUCIE COVNTY, FLORIDA
BY:
Chcirmnn
ATTEST:
Deputy Clerk
APPROVED AS TO FORM AND
CORRECTNE55:
BY:
County Attorney
5~\ACQ\WP\Right of Way Donations\Church of 6od Prince of Peace\Resolution No. 30-155.wpd
1 GM-09-007
2 SPMJ 05-007
3
4 AN ORDER GRANTING APPROVAL FOR A MAJOR ADJUSTMENT
5 TO A MINOR SITE PLAN KNOWN AS CHURCH OF GOD - PRINCE
6 OF PEACE CONSISTING OF AN EXISTING 12,000 SQUARE FOOT
~ RELIGIOUS FACILITY AND AN ADDITION OF A PROPOSED 3,100
e SQUARE FOOT SUNDAY SCHOOL CLASSROOM FOR PROPERTY
9 LOCATED AT 5905 OLEANDER AVENUE IN THE RF (RELIGIOUS
io FACILITIES) ZONING DISTRICT
i2 WHEREAS, the St. Lucie County Growth Management Director has reviewed the
is application for site plan approval submitted by Stephen Cooper, P.E. and
~4 Associates, Inc., and reviewed the comments of the St. Lucie County Development
~s Review Committee on this application, and made the following determinations:
16
1. Church of God Prince of Peace. has applied for a Major Adjustment to a
ie Minor Site Plan approval to allow the construction of a 3,100 square foot
~9 Sunday school classroom on 5.59 acres of property located at 5905
ao Oleander Avenue in the RF (Religious Facilities) Zoning District consisting of
z~ the following:
aa
z3 ExistinQ Structures approved throuQh GM Order CD-03-002:
a4 1. Sanctuary 5,423 S.F.
as 2. Offices/Classrooms 1,710 S.F.
a6 3. Fellowship Hall/Storage2,788 S.F.
z~ 4. Hallways/Bathrooms 2,079 S.F.
ae
a9 Proposed Structures aranted approval w~thin this GM Order:
so Classroom Expansion 3,100 S.F.
31
3z The religious facility will consist of a total of 15,100 square feet of buildings.
33
34 2. The Development Review Committee has reviewed the site plan for the
35 proposed project and found it to meet the technical requirements of the Land
36 Development Code and to be consistent with the St. Lucie County
3~ Comprehensive Plan.
38
39 3. The project is consistent with the general purpose, goals, objectives, and
4o standards of the St. Lucie County Comprehensive Plan and the St. Lucie
4i County Land Development Code.
42
Fi{e No.: SPMJ 0~007 JOSEPH E SMITH, CLERK OF THE CtRCU1T COURT GM Order-09-007
May 22, 2009 SAINT LUCIE COUNTY Page t
FILE ~ 3352143 06/03/2009 at 01:02 PM
OR BOOK 3095 PAGE 1350 -1354 Doc Type: ORD
RECORDING: $44.00
~ 4. The project will not have an undue adverse effect on adjacent property, the
a character of the neighborhood, traffic conditions, parking, utility facifities, or
3 other matters affecting the public health, safery, and general welfare.
4
s 5. All reasonable steps have been taken to minimize any adverse effect of the
6 proposed project on the immediate vicinity through building design, site
~ design, landscaping, and screening.
8
9 6. The project will be constructed, arranged, and operated so as not to interfere
~o with the development and use of neighboring property, in accordance with
applicable district regulations.
iz
i3 7. The project is to be senred by adequate public facilities and services.
14
~s 8. The applicant has applied for and received a certificate of capacity, a copy of
~6 which is attached to this orcier as Exhibit A, as required under Chapter V, St.
i~ Lucie County Land Development Code.
ie
i9 NOW, THEREFORE, BE IT ORDERED:
ao
a~ A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development
z2 Code, the proposed MajorAdjustmentto a MinorSite Plan known as Church
a3 of God Prince of Peace, is hereby approved as shown on the site plan
a4 drawings forthe project prepared by Stephen Cooper, P.E. and Associates,
a 5 Inc., dated May 14, 2009 and date stamped received by the St. Lucie County
z6 Growth Management Department on May 14, 2009, on the property
a~ described below, subject to the following conditions:
aa
z9 1. Within 90 days of the date of this site plan approval, the developer,
a o his successors or assigns, shall convey to St. Lucie County, in a
31 matter acceptable to the County Attomey, the east 19.11 feet of the
sa subject property along Oleander Avenue for additiona! right-of-way.
33
34 2. Pursuant to Land Development Code Section 11.05.01(A)(1.d), prior
35 to the issuance of a building permit for the proposed building, the
3 6 developer, successor, or assign shall provide a Boundary Survey and
3~ legal description prepared in accordance with the current standards of
3 a Chapter 61 G 17-6 FAC.
39
40 3. Pursuant to Section 11.02.08(A) (6) of the St. Lucie County Land
41 Development Code, no work shall commence on the site until all
4a regulatory permits required from Federal, State, and regional
43 agencies and special districts have been issued. The Florida
File No.: SPMJ 05-007 GM Order-09-007
May 22, 2009 Page 2
1 Department of Environmental Protection, National Pollutant Discharge
a and Elimination System compliance notice must be submitted to the
3 County Engineer with the constructible site plan at the time of building
4 permit application or during permit review or no paving, grading, and
s drainage permit and no building permit shall be issued. All National
6 Pollutant Discharge and Elimination System Best Management
~ Practices shall be instituted on the site prior to site clearing and
a maintained daily. Stormwater ponds shall be roughed in at the same
9 time the site is cleared of groundcover.
io
4. This Development Order shall be recorded in the Public Records of
~a St. Lucie County, Florida, in order to provide constructive legal notice
13 of development conditions that run with the land.
14
i5 5. The Code Compliance Manager shall receive a copy of this
16 Development Order and the site plan it approves and shall not
1~ approve any building permits that do not implement or are not
~e consistent with this Development Order and the plans hereby
19 approved.
zo
ai B. The property on which this Minor Site Plan approval is being granted is
aa described as follows:
23
24 THE EAST'/: OF THE FOLLOWING:
z5 BEGIN IN THE SW CORNER OF LOT 220, THENCE RUN NORTH 63 FEET; THENCE
26 RUN EASTERLY TO A POINT ON THE EAST LINE OF LOT 220, WHICH IS 52 FEET
27 NORTH OF SAID LOT'S S. E. CORNER; THENCE RUN 50UTH TO THE S.E. CORNER
2s OF SAID LOT; THENCE RUN WEST ON THE SOUTH LINE OF SAID LOT 220, TO A
29 POINT OF BEGINNING; LESS THE EAST 33 FEET FOR ROAD.
3o SAME BEING THE SUBDIVISION OF SECTION 9 TOWNSHIP 36 SOUTH, RANGE 40
31 EAST, AND/ TOGETHER WITH THE EAST'/:OF THE N 1/2 OF THE S 1/2 OF THE SE'/.
32 OF THE NE1/4, LESS THE EAST 33 FEET FOR ROAD PURPOSES, SECTION 9,
33 TOWNSHIP 36 SOUTH, RANGE 40 EAST, (O.R.B. 161, PG. 397)
34 PARCEL CONTAINS 5.595 ACRES MORE OR LESS
35
3 6 (TAX ID#: 3409-143-0001-000/1)
37
3a (Location: 5905 Oleander Avenue)
39
4o C. The approvals granted by this Growth Management Order shall expire on
4i May 22, 2011, unless an extension is granted in accordance with the
4a provisions of Section 11.02.06 of the St. Lucie County Land Development
43 Code.
44 D. The Final Site Plan approval granted under this Growth Management Order
Fle No.: SPMJ 05-OD7 GM Order-09-007
May 22, 2009 Page 3
~ is specifically conditioned to the requirement that the petitioner, Church of
a God - Prince of Peace, including any successors in interest, shall obtain all
3 necessary development permits and construction authorizations from the
4 appropriate State and Federal regulatory authorities including, but not limited
s to; the United States Army Corps of Engineers, the Florida Department of
6 Environmental Protection, and the South Florida Water Management District,
~ prior to the issuance of any local building permits or authorizations to
s commence development activities on the property described in Part A.
9
io E. The conditions set fo~th in Pa~t A are an integral nonseverable part of the
! Zi site plan approval granted by this Growth Management Order. If any
ia condition set forth in Part A is determined to be invalid or unenforceable for
i3 any reason and the developer declines to comply voluntarily with that
i4 condition, the site plan approval granted by this Order shall become null
is and void.
16
i~ E. A copy of this Order shall be attached to the site plan drawings described in
~a Part A, which plan shall be placed on file with the St. Lucie County Growth
i9 Management Director and mailed, return receipt requested to the developer
zo and agent of record as identified on the site plan applications.
al
zz E. The Certificate of Capacity, attached as Exhibit A, shall be valid forthe same
as period as this order. If this order expires or otherwise terminates, the
a4 Certificate of Capacity shall automatically terminate.
25
z6 F. This order shall be recorded in the Public Records of St. Lucie Counry.
a~
z a ORDER effective the 30th Day of May, 2009.
29
so GROWTH MANAGEMENT DIRECTOR
s1 ST. LUCIE COUNTY, FLORIDA
32
33
3 4 BY
35 Mark atterlee, AIC
36
s~ APPROVED AS TO FORM
3s AND CORRECTNESS:
39
40
4 i BY
4a County Attorney
4 3 lap
44 H:\WORD~PLANNING\Church of God Prlnce of PeaceI1GM-09-007 ORDER.doc
File No.: SPMJ 05-007 GM Order-09-007
May 22, 2009 Page 4
~ ~
~
St Lucie County
Certificate of Capacity
Date 5/22/2009 Certificate No. 2811
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 Sunday School Classroom Expansion 3,100 sq ft
Number of units 0 Number of square feet 15,100
2. Property legal description ~ Tax ID no.
3409-143-0001-000/1
5905 Oleander Avenue
Church of God - Prince of Peace
3. Approval: Building Resolution No. GM09-007 Letter osiavo9
4. Subject to the following conditions for concurrency:
Owne~'s name
Pastor Eduardo Urena
Address
5905 Oleander Avenue
Fort Pierce FL 34982
6. Certiflcate Expiration Date 5/22/2011
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this ce~tificate, or for subsequent
development order(s) issued for the same properly, use and size as described herein.
~ Signed ~ , ~ v r ~ate: 5/15/2009
Growth Management Director
St Lucie County~ Florida
Friday, May 15, 2009 Page 1 of 2
j
I
. , +
ITEM NO. VI-C
Tronipa~ta~ioe
~~OAAIAI~ DATE: 05/18/10
~fIjOA~zO~~on AGENDA REQUEST REGULAR ( 1
IUCI~ lJfi(~fi111 AR~A PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT ( X )
TO: BOARD OF COUNTY COMMISSIONERS PRE~ENT B~
SUBMITTED BY: St. Lucie TPO Peter Buchwald, Executive Director
SUBJECT: Resolution 10-151, Budget Amendment
BACKGROUND: The St. Lucie Transportation Planning Organization has been granted a fifth partial
authorization of planning funds in the amount of $169,052. These funds were
budgeted in the second year of the Unified Planning Work Program (UPWP)
covering July 1, 2009 through June 30, 2010.
FUNDS AVAILABLE: #001188-1540-531000-100 - pending BOCC approval.
PREVIOUS ACTION: N/A
RECOMMENDATION: Board approval of Budget Resolution 10-151 in the amount of $169,052.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
~ OTHER
g Faye W. Outlaw, MPA
Approved 5-0 County Administrator
CoordinationlSis~natures
County Attorney ( X) OMB Director ( X)
Budget Analyst
, eather Young Marie G in
TaWonna Johnson
Originating Dept. ( X ) .bw
Peter Buchwald
~
ro~~~e~ St. Lucie TPO
IaAnin9
ryoni:olio
ST. lUC1E Ufif3AN f-1R'
MEMORANDUM
TO: Board of County Commissioners
FROM: Peter Buchwald
DATE: 5/18/2010
SUBJECT: Resolution 10-151, Budget Amendment
ITEM NO. I-F
Background:
The St. Lucie ransportation Planning Organization has been granted a fifth partial authorization of
planning funds in the amount of $169,052. These funds were budgeted in the second year of the
Unified Ptannin Work Program (UPWP) covering July 1, 2009 through June 30, 2010.
Previous Acti n:
N/A
Recommenda 'on•
Board approva of Budget Resolution 10-151 in the amount of $169,052.
I
!
. ~ 1
RESOLUTION NO. 10-151
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget
for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become
available ftom the Florida Department of Transportation for the Federal Metropolitan Planning (PL) Funds
for an additional amount of $169,052, this is the fifth partial authorization of PL funds.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 18th day of May, 2010, pursuant to Section 129.06 (d), Florida
Statutes, tha~ such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget
is hereby am,ended as follows:
I
~
REVENUE '
001 1 88-1 540-331 1 30-1 00 Federal Highway Administration $169,052
APPROPRIATIONS
001 1 88-1 540-531 000-1 00 Professional Services $169,052
After motion and second the vote on this resolution was as follows:
Commissioner Charles Grande, Chairman XXX
Commissioner poug Coward, Vice Chairman XXX
Commissioner Chris Craft XXX
Commissioner Chris Dzadovsky XXX
Commissioner Paula Lewis XXX
PASSED AND DULY ADOPTED THIS 18th DAY OF MAY 2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
,
~
Florida Department o
f Transportation
,
~ CHARLIE CRIST 3400 West Commercial Boulevard STEPHANIE C. KOPELOUSOS
GOVERNOR Fort Lauclerdale, FL 33309-3421 SECRETARY
April 30, 2010 j~ ~ ~ ~ ~
M~ ~ 4 2010 'J
The Honorable Darrel Drummond, Chairperson
St. Lucie Transportation Planning Organization ST";.,,~
E ~o~„„^~ ~~noN
230U Virginia Avenue
Fort Pierce, FL 34982
Dear Commissioner Drummond:
SiJ~JECT: St. Lucie Transportation Planning Organization (TPO)
FY 2008/09 - FY 2009/10 Unified Planning Work Program (UPWP)
FM No. 416351-1-14-O1; Contract No. A5115; F.A. Program No. PL-0311(4~
The St. T.ucie T'PO is authorized to expend up to an additional $169,052 of Federal Metropolitan Planning
(PL) funds for its UPWP covering the July 1, 2009, through June 30, 2010, period. This is the fifth
authorization of PL funds budgeted in the second year of the UPWP. This authorization is subject to:
¦ Provision of the required matching atnounts by the TF~d and the State
¦ Compliance with any conditions placed on individual UPWP tasks
¦ Provision of all required documentation with requisitions.
Please contact Arlene Tanis at 954-777-4651 if you have questions or need additional information.
Sincerely,
~ .
Gerry O'Reilly, P.E.
Director of Transportation Development
District Four
GO:art
Attachment
cc: Peter Buchwald, St. Lucie TPO
Tamara Christion, FHWA
Yvonne Arens, FDOT
Iman Ameen, FDOT
Nancy Ziegler, FDOT
Jeff Weidner, FDOT
Antonette Adams, FDOT
Nikye Joseph, FDOT
www.dot.state.fl.us ~ RECYCLED PAPER
~ ~ ITEM NO. VI-D
-
~i ~ ~I~' I ~
- DATE: 5118/10
i
~ . ~ . AGENDA REQUEST REGULAR ( )
-
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~
William Hoeffner~~~
SUBMITTED BY: Grants/Disaster Recovery Department Grants/Disaster covery
Director
SUBJECT: Harbor Branch Salt Marsh Restoration Project - Grant Application
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 145-9910-599300-800 Mosquito Control Reserves.
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board authorization to submit a grant application to the U.S. Fish and Wildlife
Service for $1 million for restoration of 178 wetland acres at Harbor Branch
Preserve. Also, Board authorization to commit $15,311 to the Harbor Branch
Wetland Restoration Project.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED ~ ~
( OTHER
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
CoordinationlSianatures
County Attorney O OMB Director O r y
Dan Mclntyre Marie Gouin
Mosquito Control ( ) ,,~D Budget Analyst ( )
James David Ta onna Johnson
Grants/Disaster ( )
Recovery Dept.
i liam Hoeffner
`
~ ~ Grants/Disaster Recove
` Department
. ~ . .
. ~.:,~.,q
MEMORANDUM
TO: Board of County Commissioners
FROM: William Hoeffner, Grants/Disaster Recovery Director~!i''
J
DATE: May 18, 2010
SUBJECT: Harbor Branch Salt Marsh Restoration Project - Grant Application
ITEM NO. VI-D
Backqround:
This agenda item is to request Board authorization to submit a grant application to the U.S. Fish and
Wildlife Service for $1 million in funding for restoration of the 178-acre Harbor Branch salt marsh
wetland. During the 1960's and for mosquito control purposes, this wetland was separated from the
Indian River Lagoon by a dike. The goal of this project is to reconnect the wetland to the Lagoon
utilizing culverts and seasonal pumping. The project will be managed by the Mosquito Control District.
The grant requires a 30% match. Recently expended funds used to acquire the Harbor Branch lands
will be used for the required match.
The estimated total cost of the wetland restoration project is $1,067,611. These costs include $52,300
that have been expended for completed engineering and permitting. The grant, if received, will provide
$1,000,000 in funding, leaving a balance of $15,311 to be funded. Funding for the $15,311 will be
provided from Mosquito Control Reserves. The $15,311 is not being used as match for the grant.
However, the grant does require documentation that all project costs are fully funded. The Board is,
therefore, requested to commit these funds to the Harbor Branch Wetland Restoration Project. The
Board's action will be used as documentation of the committed funds. If the grant is not approved for
funding, the $15,311 will be decommitted.
Previous Action:
April 6, 2010 - Board approval of grant application to U.S. Army Corps of Engineers.
March 25, 2008 - Board acceptance of a grant from Florida Communities Trust.
April 27, 2007 - Board approval of grant application to Florida Communities Trust.
Recommendation
Board authorization to submit a grant application to the U.S. Fish and Wildlife Service for $1 million for
restoration of 178 wetland acres at Harbor Branch Preserve. Also, Board authorization to commit
$15,311 to the Harbor Branch Wetland Restoration Project.
ITEM NO. VII-A
~,!~~r.~9~~ ~ ~ ~~~~i~ ~rla f ~ I,I~I~~~~ ~00 ~
~ DATE: 05/18/10
* AGENDA REGIUEST REGULAR ( )
s ~
:~n_
PUBLIC HEARING ( X )
LEG. ~ )
QUASI-JD ( X )
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~
Kara Wood
SUBMIITED BY: Planning & Development Services Department, Planning Manager
Planning Division
SUBJECT: Village of Sunset Lakes - Amendment to the Official Zoning Atlas and Preliminary
Planned Town or Village (PTV) site plan approval.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: November 19, 2009 - Planning and Zoning Commission continued the item to
aliow time for the applicant to revise the site plan.
February 18, 2010 - Planning and Zoning Commission recommended approval.
RECOMMENDATION: Board adoption of Resolution No. 10-028, granting approval of an Amendment to
the Official Zoning Atlas and the Preliminary Planned Town or Village (PTV) site
plan, with limiting conditions, for the project known as Village of Sunset Lakes as
outlined in the attached memorandum, and authorization for the Chairman to sign
the resolution as approved by the County Attorney.
COMMISSION ACTION: CONCURRENCE:
~ APPROVED ( ) DENIED
( ) OTHER
_ _ _ Faye W. Outlaw, MPA
Motion to continue to June 15, 2010 County Administrator
Approved 5-0 at s:oop.m. or as soon thereafter as
possible.
Coordination/Si4natures
County Attorney ( X) County Surveyor ( X)
F~ °
Daniel S. Mclntyre Ron Harris
t
~'~I ERD ( X ) ~
County Engineer ~ X) - K en Smith
_ _ Michael Rowley
~,,~!r
Originating Dept ( X ) ~~'Jt ,
Mark Satterlee
• ~ • ~
.y ,
~
• r
Hearing Date Village of Sunset Lakes AGENDA ITEM No. VII-A
05/18/2010 Proposed Rezoning and
Preliminary Site Plan Approval
Applicant
Sunset Lakes of St. Lucie, LLC
1250 East Hallandale Beach Blvd. 2 srir~~o~u:~N~ euru~iNC:eN- ~
Suite 504 m ~ - ' '
Hallandale Beach, FL 33009 A~ PU~ Puo ~
954.727.3019 m '
AG-1 iO CONiFERhDR~~~'pOINGIANA;CT - AG7 AG-1_..
Z~
File Number 1 ' _ _
PTV 820094001 ~ - - . ~-a- -
"_'A
~ ~ .
. ~ : ' . ~I . Z `
Proiect Location ~ F~~~~~~ N~ a
~ • L-20
Northwest comer of Johnston y~ Subject property 'o '
Road and SFWMD Canal No. 25 ;
~
, _
AG 1 .y~ AG-1
Future Land Use ~ F Aa 4- A~ ,
. ,
TVC (Towns Villages and Country- Puo ss `
~
~
side) _ _ _ ~
~o « ~
~
ExistinqZonin4 ~as=F~~~~~~,~ ~_z~ ,
,
. - AN LE RD
A -1 (Agricultural - 1, 1 du/acre) . , : ~ cN 's; - - - - - - - - - :
t~ . S- ~T~c~ AR 1, RS_2...
~ Sl
Proposed Zoninq - qr, A~ ,
AG 1 LL RMH-5 Fgs AG-1
PTV (Planned Town or Village) o. o ti~y
' ~
Staff Recommendation
Board adoption of Resolution No.
10-028, granting approval of an proiect Description Previous Action
Amendment to the Official Zoning Consider an application of Sunset On February 18, 2010, the Planning
Atlas and the Preliminary Planned Lakes of St. Lucie, LLC for an and Zoning Commission voted 7 to
Town or Village (PTV) site plan. Amendment to the Official Zoning 1 to recommend approval with con-
Pro/ect Manaqer Atlas from AG-1 (Agricultural-1, 1 du/ ditions for the proposed site plan.
Kara Wood acre) to PTV (at 5.3 du/acre) and
Planning Manager Preliminary Planned Town or Village
772.462.1589 (PTV) Site Plan approval for a mixed Notice Requirements
woodkC~stlucieco.org -use village on 134.6 acres for a pro- . A notice of public hearing was
ject known as Village of Sunset sent to adjacent property own-
Lakes. ers within 500 feet.
• A sign is posted on the property
fi' with a date and time of the
' ; BaCkq~ound scheduled public hearing.
~ t ' The subject property is located north . An ad was published in the St.
T Y; ; r j of Rngfe Road/Belcher Canal -and _ Lucie News Tri6une at least 10
~ ' east of I-95. The arcel is in the
E Y ' p days prior to the public hearing.
_ S~ e Towns Villages and Countryside
~ planning area and the applicant is Further details are found in the at-
'^'eR~- Y ' proposing a project consistent with tached staff report.
. ~,.F~
, `~f <9 ~I those regulations. The proposed pro-
; i ject contains 396 single family units,
`"Ve = 304 apartment units and 2,000
y;
Q! square feet of retail.
5/3/20l 0
Planning and Developrr~ent
~ - , = Services Department
•
' ' ' ' MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mark Satterlee, AICP, Planning and Development Senrices Directa~'
FROM: Kara Wood, Planning Manager, Planning Division ~
DATE: May 18, 2010
SUBJECT: Village of Sunset Lakes - Amendmen# to the Official Zoning Atlas and Preliminary
Planned Town or Vitlage (PT~ site plan approval.
ITEM NO. VII-A
Back~round:
The subject prdperty is located at the northwest comer of Johnston Road and SF~NMD Canal No. 25,
just east of Interstate 95. This proposed Village in the Towns, Villages and Countryside (TVC)
planning area includes 396 single-family units, 304 apartment units and 2,000 square feet of retail on
134.6 acres. The Future Land Use designation is NC and the proposed density is 5.2 units per acre.
The Village of Sunset Lakes site plan is organized into transect zones as required by the NC code
and includes a mix of apartme~ts, single family d~tached houses and live/work, sideyard and row
house lots. The open space is also designed as a va~iety of public areas. Urban parks and squares
accommodate civic buildings that can house a diversity of uses, and countryside parks provide for a
more natural design for less prescribed activities.
This application was onginally submitted in August 2009 and scheduled for Planning and Zoning
Commission review on November 19, Z009. Just before this scheduled meeting, a wetland area was
identified on the northem section of the subject property and some adjustments to the site plan were
needed to avoid impacts to the wetland boundary. The applicatioh was continued from the November
meeting to the February 2010 meeting for consideration.
On February 18, 2010, the Planning and Zoning Cvmmission hefd a public hearing on this application
and voted 7 to 1 to recommend approval to the Board of County Commissioners of the proposed
development with the condition that the applicant's traffic impact report be revised to include:
_ _ _ _
• Analysis of AM and flM peak hourvoiumes
• Updated segment courrts on Johnston Raad from Angle Road to Indrio Road
• Analysis of the Johnston Road at Angle Road intersection and reconsideration of trip
distribution north on Johnston Road
Village of Sunset Lakes
May 18, 2010
Page 2
An updated traffic report was submitted to the County on March 30, 2010, which was reviewed by
staff of the County and the Transportation Planning Organization. Conditions of approval included in
draft Resolution 10-028 to be addressed prior to Final PTV approval are summarized as follows:
• A proportionate fair share contribution for impacts to the Kings Highway and Angle Road
intersection in the amount of $456,000 is required.
• When a funding mechanism is established for the construction of Johnston Road
between Angle Road and Indrio Road, the owners of property within the Village of Sunset
Lakes will be required to participate at 100%.
• The applicant shall revise the traffic study to include a single ITE land use classification
for the calculation of peak hour trips, an assessment of the traffic impacts on the
intersection of Kings Highway and Orange Avenue and mitigation measures for these
impacts, and a graphic depiction of the project's turning movement trips at all
intersections in the study area.
• The applicant shall revise the traffic study to include a signal warrant analysis at the
Johnston Road and Angle Road intersection and construct or contribute to improvements
as necessary.
Surrounding residents have expressed concern primarily over the density and traffic that would resuft
from the proposed development. The allowable density on the property of up to nine dwelling units
per acre was established by the original adoption of the Comprehensive Plan in 1990 and is unrelated
to any regulations established by the TVC. In staff's analysis, the proposed density of 5.2 units per
acre and the resulting traffic is far less than what is allowed in the Future Land Use and is a more
appropriate proposal for this parcel than the greater density that could be achieved.
Those residents whose parcels are enclosed by the subject property would be particularly affected by
the change in character right next door to them. To accommodate this condition, the applicant has
offered to revise the site plan to provide a slightly increased open space buffer between the row
houses and the property line to the north of the enclosed residents.
Due to the numerous objections expressed at the Planning and Zoning Commission hearing from
nearby residents, staff organized a neighborhood meeting to occur at the adjacent Meadowood
development. This meeting was held on Monday, March 29, 2010 at 6:OOpm. Approximately 40
residents attended to ask questions and express their concerns regarding the proposed project. Both
staff and the applicant's representative were present to respond. No requests were made to revise
the site plan to address specific concerns.
All written comments that staff has received have been consolidated verbatim as an attachment to
this memorandum and titled "Written Public Comments Received for Village of Sunset Lakes." Most
of these were submitted prior to the Planning and Zoning Commission hearing and therefore are
addressed to that body.
Recommendation:
_Board adoption of Resolution No. 10-028, granting approval of an Amendment to_the_Official Zoning
-Atlas and the Preliminary Planned Town or Village-(PTV) site plan, with limiting conditions, for the
project known as Village of Sunset Lakes as outlined in this agenda memorandum, and authorization
for the Chair to sign the resolution as approved by the County Attorney.
Environmental Resources
~ _ - Department
a
i ' ~ '
Agenda Item
Companion Report
TO: Board of County Commissioners
THROUGH: Karen L. Smith, Environmental Resources Department Director
FROM: Jennifer Evans, Senior Environmental Planner
Amy Mott, Environmentai Regulations and Lands Division Manage ~
DATE: April 30, 2010
SUBJECT: Village at Sunset Lakes
PN - 820094001
Deaartment Coordination
Environmental Resources Department (ERD) worked closely with Growth
Management, as well as other members of the Development Review Committee
regarding this item.
Fin in s
ERD input has been included in the attached staff report.
Recommendations
ERD supports Growth Management's recommendation of approval.
::-~~:~-w'
~~Sig ure
-1-
_ = _ ~ _ ^
ENVIRONMENTAL RESOURCES
DEPARTMENT
i
. • . •
FINAL REPORT
TO: Kara Wood, Planning Manager
THROUGH: Karen Smith, Environmental Resources Department Director~.~
FROM: Jennifer Evans, Environmental Planning Coordinator
Amy Mott, Environmental Regulations Manager
DATE: April 8, 2010
SUBJECT: Village of Sunset Lakes (PTV - 820094001)
Environmental Resources Department staff completed a site visit on September 4,
2009 and review of the most recent submittal dated December 23, 2009. The 135
acre site consists of 125 acres of agricultural ranch land with scattered native trees
(currently utilized fior cattle grazing) and a 10 acre water management system,
containing an approximately 1.2 acre jurisdictional wetland.
The wetland is classified as a Category I per Comprehensive Plan Policy 8.1.14.1 due
to its hydrologic connectivity. The development plan preserves the wetland and a 50-
foot wetland buffer. The upland buffer will be restored with native vegetation per the
Countryside Management Plan.
The development site contains 6 slash pines, 5 laurel oaks, and 28 cabbage palms
meeting the mitigation thresholds outlined in Land Development Code 6.00.05(D).
The preliminary plans preserve all native trees, therefore no mitigation is required. In
addition, proposed restoration areas will increase the native vegetation coverage
onsite.
Potential listed species for this site include woodstork, burrowing owl, crested
caracara, and gopher tortoise. Preliminary surveys found none of these species
permanently inhabiting or nesting onsite, however per condition of approval #3 below,
additional state and federal review for any indirect impacts and mitigation are required
prior to final approval and construction authorization. In addition, updated surveys
_ ma~C be required prior to final a{~p~oval if mor€-than one year has elapsed since initial
surveys were conducted: _ _ _ _ _ _ _
Conditions of Approval
1) Prior to final site plan approval, per Land Development Code 3.01.03EE.2.o.7, the
final Countryside Management Plan/Preserve Area Management Plan shall be
provided.
2) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
finalize an improvement agreement acceptable to Environmental Resources
Department (ERD) covering the cost to purchase and install all required landscaping,
irrigation, tree relocation, and related improvements shown in the approved landscape
plan. A copy of this agreement can be obtained by visiting the St. Lucie County ERD
website at: http://www.stlucieco.orq/erd/index.htm
3) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
have obtained and provided Environmental Resources Department with copies of any
required federal and state permits, including but not limited to a US Fish and Wildlife
Service (FWS) Incidental Take Permit and associated FWS-approved Habitat
Conservation Plan. If federal or state agency compliance requires modification to the
development plans, the applicant will promptly modify the plans and submit to St.
Lucie County for review and approval as required by the Land Development Code.
The applicant will not use the County's development approval to prevent compliance
with any federal or state agency requirements.
4) Within 90 days of site plan approval or prior to issuance of a Vegetation Removal
Permit or Exemption, whichever comes first, the applicant shall provide the required
executed SLC (or SFWMD) conservation easement and the Environmental Resources
Department approved Countryside Management Plan with an attached affidavit, and a
cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to
the County Attorney for review and approval. A copy of the standard conservation
easement document can be obtained by visiting the St. Lucie County Environmental
Resources Department website at: http://www.stlucieco.orq/Environmental Resources
DepartmenUindex.htm.
Please contact Jennifer Evans (Environmental Planning Coordinator - TVC) at 772-462-
3862 if you have any questions.
_
1 RESOLUTION NO. 10-028
2 FILE NO.: PN 820094001
3
4 A RESOLUTION GRANTING AN AMENDMENT TO THE OFFICIAL ZONING
5 ATLAS AND PRELIMINARY PLANNED TOWN OR VILLAGE SITE PLAN
6 APPROVAL FOR A 134.6 ACRE (MORE OR LESS) PARCEL OF LAND
7 LOCATED ON THE NORTHWEST CORNER OF JOHNSTON ROAD AND
8 SFWMD CANAL NO. 25, WHiCH WOULD PERMIT 396 SINGLE FAMILY
9 DWELLING UNITS, 304 MULTI-FAMILY DWELLING U ITS AND 2000
10 SGIUARE FEET OF RETAIL FOR THE PROJECT KNOW VILLAGE OF
11 SUNSET LAKES, MAKING FINDINGS OF FACT TERMINING
12 CONCLUSIONS OF LAW.
13
14 WHEREAS, the Board of County Commissioners of St. u Coun rida, based on the
15 testimony and evidence, including but not limited to ff eport, h de the following
16 determinations:
17
18 1. Ricardo Munoz-Tebar of Sunset Lakes of . LLC rough Ramon s of Trias
19 & Associates, agent, presented a petition fo e' Zoning fr the AG-1
20 (Agricultural - 1, 1 du/acre) Zoning District to the lanned Town or Village) Zoning
21 District and Preliminary Planned n or Village Site approval for the project to be
22 known as Village of Sunset Lake ~ ed-use subdi of 134.6 acres consisting
23 700 single family lots and 2,000 t of retail ent. The property is
24 located on the northwest corner of Jo sto nd SFW Canal No. 25.
25
26 2. On November 19, 2 ublic heari he St. County Planning and Zoning
27 Commission was , ich due p ic notice as published and mailed to all
28 property owner ithin 5 et of the s~ect property at least 10 days prior to the
29 hearing. The was c nued to Febr 8, 2010.
30
31 3. On Febru 18, 201 . tanning and Zoning Commission resumed
32 the on elimina nned Town or Village for Village of Sunset
33 La and rec ded e Board of County Commissioners that the preliminary
34 lan and chan zonin roved.
35
36 4. On 8, 2010, the rd o ounty Commissioners of St. Lucie County, Florida, held
37 a publi ring, of w due public notice was published and mailed to all property
38 owners 500 fee the subject property at least 10 days prior to the hearing, on
39 the Prelimin lan Town or Village Site Plan and change in zoning for the project
40 known as Villa unset Lakes, and heard and considered testimony of the proposed
41 development ord .
42
43 FINDINGS OF FACT
44
45 ~ased on the- evidence presented and also based upa~ the inclusion o# the conditions of
46 approval as set forth below in this resolution, the Board of County Commissioners fintls as
47 follows:
48
49 A. The proposed project is consistent with the goals, objectives and policies of the Future
50 Land Use Element of the St. Lucie County Comprehensive Plan, and meets the
File No.: PTV 820094001 Draft Resolution 10-028.docx
5/12/2010 Page 1
i
1 technical requirements of the St. Lucie County Land Development Code.
2
3 B. The proposed project will not have an undue adverse effect on adjacent property, the
4 character of the neighborhood, and other matters affecting the public health, safety,
5 and general welfare.
6
7 C. All reasonable steps have been taken to minimize any adverse effect on the proposed
8 project on the immediate vicinity through building design, site design, landscaping and
9 screening.
10
11 D. The proposed project is constructed, arranged and operate ot to interfere with
12 the development and use of neighboring property, in acc ce with applicable district
13 regulations.
14
15 CONCLUSIONS OF
16
17 NOW, THEREFORE, BE IT RESOLVED by the B of County Commiss~ of St. Lucie
18 County, Florida, having made the findings of set fo above, make ollowing
19 conclusions of law:
20
21 A. Pursuant to Section 11.02.05 of the St. Lucie Land Development Code, the
22 Preliminary Planned Town or Vi known as Villa unset Lakes, as depicted on
23 the site plan drawings for the pr ared by Tria ss ciates, last revised on
24 December 22, 2009 and date st ~ved by St. e County Planning and
25 Development Services on April 20, 10, appr d subject to the following
26 conditions:
27
28 1) Within 90 d aft iving final plan app oval, the applicant shall convey the
29 required right-of- for Johnst Road. Manner and form of conveyance shall
30 be acc ta the unty Attorne e sketch and legal description shall be
31 prepared by a urveyo nd mapper. Pursuant to Chapter 7.05.03 of
32 th ie Co an nt Code, the applicant may be granted credits
33 ' pac
34
35 Pursuant to er 11. the St. Lucie County Land Development Code, the ,
36 licant shall r cons ct or bond all required improvements prior to recordation
37 e final plat. the applicant chooses to bond the required improvements, a
38 S ' ion Impr ment Agreement shall be required. The final plat shall not be
39 reco ntil th OCC approves the Subdivision Improvement Agreement. A copy
40 of the r greement can be obtained by visiting the St. Lucie County Public
41 Works De ent website at: http://www.stlucieco.gov/public_works/index.htm.
42
43 3) Prior to the issuance of a right-of-way permit, the applicant shall execute a Road
44 Improvement Agreement with St. Lucie County and submit a surety for the proposed
45 public improvements. The amount of surety shall be 115% of the engineer's estimate
46 _ _ of probab~e cost_. The_amount of sure_ry ~ha11 be approved by the County Engineer
47 and the form of surety shall be approved by the County Attorney. A copy of the
48 standard "AgreemenY' can be obtained by visiting the St. Lucie County Public Works
49 Department website at: http://www.stlucieco.gov/public_works/index.htm.
50
File No.: PN 820094001 Draft Resolution 10-028.docx
5/12/2010 Page 2
1 4) Prior to the recording of the final plat, the County Surveyor shall verify that all
2 required survey markers have been placed in accordance with the requirements of
3 Chapter 177, FS, Part I and the St. Lucie County Land Development Code. The
4 applicant's surveyor shall notify the County Surveyor when all required survey
5 markers have been set and flagged.
6
7 5) Prior to Final PTV site plan approval, the applicant shall amend the eastern project
8 boundary to avoid encroaching into the ultimate right-of-way line of Johnston Road.
9
10 6) Prior to Final PTV site plan approval, a limited access eas nt will be placed on all
11 lots that front Johnston Road. Public Works staff the right to make
12 additional comments or conditions at Final PTV to e the proper functioning and
13 maintenance of the proposed roadway network.
14
15 7) Prior to Final PTV site plan approval, a pre- i Meetin the FPUA Water,
16 Wastewater and Gas Engineering Depart e required.
17
18 8) Prior to Final PTV site plan appro e app nt shall dem that the
19 proposed flow way will be consisten wit requ' nts of the T and meet all
20 requirements of the South Florida Water M nt ~strict, St. L cie County and
21 other regulatory agency requirements.
22
23 9) Prior to Final PTV site plan and the issu of Certificate of Capacity,
24 the applicant shall comply wit rency man ent rules in effect at the
25 time of Final PTV approval and all e ropo nate fair share agreements
26 as warranted. The applicant will e r ir tribute their proportionate fair
27 share for imp e Kings Hi y and A Road intersection, which at the
28 time of Pre ~ a approval i stimated o be $456,000. The applicant may
29 receive f road i ct fee cre or fair share mitigation in accordance with
30 applica e c
31
32 10) Pr' ' al P p nd the issuance of a Certificate of Capacity,
33 hall r the traffic tudy to include the following:
34 a) only on land r the calculation of daily AM and PM peak hour trips;
35 b) an asses t of t acts of project traffic on the intersection of Kings
36 Highway an ange enue and mitigation measures for these impacts; and
37 graphic de on o the project's turning movement trips at all intersections in
38 study are
39
40 11) Prior to I site plan approval and the issuance of a Certificate of Capacity,
41 the applic all revise the traffic study to include a signal warrant analysis at the
42 Johnston ad and Angle Road intersection incorporating traffic from approved
43 development and build-out traffic.
44 a) If the signalization is required, the developer shall design and construct the
45 improvements in accordance to FDOT and County standards. Costs above those
- necessitated b t[~e-deuelo ment ma be recou ed b- the develo er thcou h an
4__-- - Y P Y p Y P 9
47 impact credit agreement with the County.
48 b) If the signal is not warranted, the developer shall provide a non-refundable Fair
49 Share contribution based on the project traffic towards signalization
50 improvements designed in accordance with FDOT and County standards.
51
File No.: PTV 820094001 Draft Resolution 10-028.docx
5/12/2010 Page 3
1 12) When a special assessment district or similar funding mechanism is established for
2 the construction of Johnston Road between Angle Road and Indrio Road, the owners
3 of property within the Village of Sunset Lakes will be required to participate at a
4 100% owner participation rate in this funding effort.
5
6 13) Prior to Final PTV site plan approval, the applicant shall submit a plan that
7 demonstrates how water for fire protection will be provided to the project site.
8 Adjustments to the preliminary site plan may be required to meet the requirements of
9 the St. Lucie County Fire District.
10
11 14) Prior to Final PTV site plan approval, the applica a ubmit the required
12 application materials and fees for site plan review the St. Lucie County Fire
13 District.
14
15 15) Prior to Final PTV site plan approval, per La e lopme e 3.01.03EE.2.o.7,
16 the final Countryside Management Plan/P Area Mana nt Plan shall be
17 provided.
18
19 16) Prior to issuance of a Vegetation Remo rmit xemption, the plicant shall
20 finalize an improvement agreement ac to Environme al Resources
21 Department (ERD) covering the cost to purcha d install aIl required landscaping,
22 irrigation, tree relocation, related impro nts shown in the approved
23 landscape plan. A copy of th ent can be ~ e by visiting the St. Lucie ~
24 County ERD website at: http:// . ~ o.org/erd/i tm.
25
?b 17) Prior to issuance of a Vegetation e I Exemption, the applicant shall
27 have obtaine vided Envi ental Re rces Department with copies of
28 any require de state per s, includi g but not limited to a US Fish and
?9 Wildlife ' e( Incidental ke Permit and associated FWS-approved
30 Habitat Co ation lan. If fede r state agency compliance requires
31 modification t d t plans e applicant will promptly modify the plans
32 a ~t to ie view and approval as required by the Land
33 ode. applicant ill not use the County's development approval to
34 prevent co ce wi federal or state agency requirements.
35
36 ~thin 90 days ite pl approval or prior to issuance of a Vegetation Removal
3~ it or Exemp , whichever comes first, the applicant shall provide the required
38 ex d SLC SFWMD) conservation easement and the Environmental
39 Reso Dep ent approved Countryside Management Plan with an attached
40 affidavi , shier's check, payable to the Clerk of the Court for the appropriate
41 recording , to the County Attorney for review and approval. A copy of the
42 standard c servation easement document can be obtained by visiting the St. Lucie
43 County Environmental Resources Department website at:
44 http://www.stlucieco.org/Environmental Resources DepartmenUindex.htm.
45
The_property on _which this_ change in zaning and site plan approvat is_b~ing .grante _ ~s
46 B.
47 described as follows:
48
49 ALL THAT PART OF THE FOLLOWING DESCRIBED LANDS LYING EAST OF
50 FLORIDA INTERSTATE 95 RIGHT OF WAY:
51
File No.: PTV 820094001 Draft Resolution 10-028.docx
5/12/2010 Page 4
1 THE SOUTHWEST QUARTER (SW '/a) AND THE NORTHWEST QUARTER (NW ~/a)
2 OF THE SOUTHEAST QUARTER (SE ~/a) AND THE SOUTH HALF (S 'h) OF THE
3 SOUTHWEST QUARTER (SW Ya) OF THE SOUTHEAST QUARTER (SE '/a) ALL IN
4 SECTION 34, TOWNSHIP 34 SOUTH, RANGE 39 EAST, SAID LANDS SITUATE,
5 LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA.
6
7 SUBJECT TO EASEMENTS AND RIGHTS OF SOUTH FLORIDA WATER
8 MANAGEMENT DISTRICT AND FORT PIERCE FARMS DRAINAGE DISTRICT FOR
9 THE MAINTENANCE AND SUPPORT OF A CANAL SYSTEM OVER AND ACROSS
10 THE NORTH 80 FEET (DESIGNATED AS CANAL NO. 20) APPROXIMATELY
11 THE SOUTH 200 FEET (DESIGNATED AS CANAL NO. , ND SUBJECT TO
12 GAS EASEMENTS TO HOUSTON GAS AND OIL COMP
13
14 EXCEPTING THERE FROM THE EAST 40 ET EOF AND ALSO
15 EXCEPTING THERE FROM:
16
17 A TRACT OR PARCEL OF LAND LYING ECTION 34, TOW 34 SOUTH,
18 RANGE 39 EAST, ST. LUCIE COUNTY IDA, ING MORE P LARLY
19 DESCRIBED AS FOLLOWS:
20
21 FOR A POINT OF REFERENCE COMMENCE E SOUTHEAST CORNER OF
22 SECTION 34; THENCE RUN W ALONG THE S LINE OF SAID SECTION A
23 DISTANCE OF 1325.70 FEET T NT BEING T U HEAST CORNER OF
24 THE SOUTHWEST QUARTER (S E SOUT QUARTER (SE '/a) OF
25 SAID SECTION; THENCE NORTH IS F 2,36 . 5 FEET TO A POINT ON
26 THE SAID EAST QUARTER (SE '/a IN TION; THENCE WEST AT
27 AN ANGLE OF EES 58 M ES 20 ONDS TO THE LEFT FROM
28 SAID EAST Q a) LINE A TANCE F 663.01 FEET TO A POINT OF
29 AN ORAN STIC 6 STAMP F7-C-1 L DRIVEN FLUSH WITH THE
30 GROUND KED, ID POINT B THE POINT OF BEGINNING. FROM
31 SAID POINT OF NCE R NORTH 89 DEGREES 06 MINUTES 26
32 SEC EST, T .69 FEET TO A POINT OF AN ORANGE
33 P TA F7-C-1 RIVEN FLUSH WITH THE GROUND AND
34 KED, T NO 01 DEGREE 46 MINUTES 42 SECONDS EAST, A
35 TANCE OF 72 F O A POINT OF AN ORANGE PLASTIC HUB
36 PED F7-C-1 RIVE LUSH WITH THE GROUND AND TACKED, SAID
37 PO LSO BEIN E IN ERSECT WITH THE SOUTH RIGHT-OF-WAY LINE OF
38 CANA . 20; TH E SOUTH 89 DEGREES 05 MINUTES 50 SECONDS EAST
39 ALONG SOU RIGHT-OF-WAY LINE A DISTANCE OF 206.89 FEET TO A
40 CONCRE O ENT MARKED R/W L 205.2-FCD; THENCE SOUTH 01
41 DEGREE 16 ES 59 SECONDS WEST A DISTANCE OF 208.64 FEET TO THE
42 POINT OF GINNING. SAID PARCEL DESIGNATED AS TRACT 102 OF
43 EASTERN TEST RANGE RECONFIGURATION.
44
45 AND SUBJECT TO AN EASEMENT OVER AND ACROSS THAT PARCEL OF LAND
46 DE~e-RfBED_HER~1N, NiDREFART_1CU_LARLY DESCRIBED AS: _ _ _
47
48 A TRACT OR PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 34 SOUTH,
49 RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY
50 DESCRIBED AS FOLLOWS:
51
File No.: PTV 820094001 Draft Resolution 10-028.docx
5/12/2010 Page 5
1 FOR A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF
2 SECTION 34; THENCE RUN WEST ALONG THE SOUTH LINE OF SAID SECTION A
3 DISTANCE OF 1325.70 FEET TO A POINT BEING THE SOUTHEAST CORNER OF
4 THE SOUTHWEST QUARTER (SW Ya) OF THE SOUTHEAST QUARTER (SE '/a) OF
5 SAID SECTION; THENCE NORTH A DISTANCE OF 2,364.55 FEET TO A POINT ON
6 THE SAID EAST QUARTER (E Y4) LINE OF SAID SECTION; THENCE WEST AT AN
7 ANGLE OF 89 DEGREES 58 MINUTES 20 SECONDS TO THE LEFT FROM SAID
8 EAST QUARTER (E Ya) LINE A DISTANCE OF 663.01 FEET TO A POINT OF AN
9 ORANGE PLASTIC HUB STAMPED F7-C-1 L DRIVEN FLUSH WITH THE GROUND
10 AND TACKED; THENCE NORTH 01 DEGREE 16 MINUTE SECONDS EAST A
11 DISTANCE OF 208.64 FEET TO A CONCRETE MONUM KED RNV L205.2-
12 FCD, WHICH ON THE SOUTH RIGHT-OF-WAY CANAL NO. 20, SAID
13 MONUMENT BEING THE POINT OF BEGINNI M THE POINT OF
14 BEGINNING RUN THENCE SOUTH 89 DEGREES INU 0 SECONDS EAST
15 ALONG THE SOUTH RIGHT-OF-WAY OF SAI L NO. DISTANCE OF
16 620 FEET, MORE OR LESS, TO A POINT O STERN T-OF-WAY OF
17 JOHNSTON ROAD; THENCE SOUTHER ALONG THE WES RIGHT-OF-
18 WAY OF SAID JOHNSTON ROAD, A NCE 50.0 FEET POINT;
19 THENCE NORTH 89 DEGREES 05 MI U 0 S DS WEST ISTANCE
20 OF 620 FEET, MORE OR LESS, TO A POINT E HICH BEA SOUTH 01
21 DEGREE 16 MINUTES 59 SECONDS WEST THE POINT OF BEGINNING;
22 THENCE NORTH 01 DEGREE INUTES 59 S DS EAST A DISTANCE OF
23 50.0 FEET, MORE OR LESS, T OINT OF BE SA~D EASEMENT IS
24 DESIGNATED AS TRACT THE RN TEST RANGE
25 RECONFIGURATION.
26 ~
27 (Located on the n corner of Jo n Road SFWMD Canai No. 25) ~
28
29 C. The approv d autho tions grante by this Resolution shall expire on May 18,
30 2012, unle a I Pla d Town or V site plan approval is obtained for the
31 uses described in A an ext ion has been granted in accordance with
32 Secti 06(B), ucie Development Code.
33
34 D. opy of this ution be ttached to the site plan drawings described in Part '
35 which plan s be p on file with the St. Lucie County Planning and
36 pment Servi irect .
37
38 E. The cie Cou Planning and Development Services Director is hereby
39 authoriz d dire d to cause the notation of this resolution to be made on the
40 Official Zon St. Lucie County, Florida, and to make the notation of reference
41 to the date of ion of this resolution.
42
43 F. A copy of this Resolution shali be mailed, return receipt requested, to the developer
44 and agent of record as identified on the site plan applications.
4_5
46 - G. -This Resolution shail be recorded in the Public Records of St. Lucie County.
47
48
File No.: PTV 820094001 Draft Resolution 10-028.docx
5/12/2010 Page 6
1 After motion and second, the vote on this resolution was as follows:
2
3 Charies Grande, Chairman XXX
4
5 Doug Coward, Vice-Chairman XXX
6
7 Chris Craft, Commissioner XXX
8
9 Chris Dzadovsky, Commissioner XXX
10
11 Pauia A. Lewis, Commissioner XXX
12
13
14 PASSED AND DULY ADOPTED this 18th day of May, 2010.
15
16
17 BOAR COUNTY COMMIS ERS
lg LUCI OUNTY, FLO
19
20
21
22 BY
23 C h
24
25
26 ATTEST S TO FORM
2'7 AND RECTNESS
28
29
30
31 Deputy Clerk County Attorney
32
33
_ _
Fite No.: PTV 820094001 Draft Resolution 10-028.docx
5/12/2010 Page 7
i
~
1 Exhibit A
~ ' Map
3
PTiI-820094D0~ ~°~'n~ I
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PROPOSED VILLAGE OF SUNSET LAKES
PTV 820094001
Public Hearing Sign
Photographed on April 17, 2010
~ N~TiCEOFP ~ ~
UBL~C HE~R1N
- Public Hea~ng of Sunset lak~s of St, luci~, llC fo~ a~ app icatio~ f~~ Pr~limi~a~ P!a~~e~ ~ow~ or Vil ~~e,,PN;~ fof a mix~•us~ vi~~ag _
on 134,~ ac~~s ~mare o~ less~, If ap~~oVQd th~ p~oj~l ~~ili p~m~~~ 39o si~gl~ fami y dwel i~g u~i~s, 3~ ~ul~~fa~i~y d~~elli~g u~its a~u
2000 squ~~e fi~~t of «t~il space fo~ a p~o~~~t k~ow~ as vi lage of Su~~s~~ lakes. The PUBIfC HEARING fo~ ~his ~s to bA h~!~ ~
Co~mission Cha~~~~s, Rog~~ Pcifras ~r;~2~, 3~d Flooc S1. lucie Coun~y adminis~a~o~ Buiid~~g~ 73uC ~~~gi~i~ av~~~e, Fo~ Pi~~c~.
Flo~da, on tu~sday May 18, 7010 at 6;OOpm or as soo~ the~ea~2~ as possible b2fo~e th~ Pl~~~i~g a~d to~~~g ComRm~ss~~o~,
~r~p{ p }~g~j g} ~ p{~ p,n. p ~y i+ p'm 1 pg ~ pn M~ ' i~ n~'1i~ ~'I~ l'P ~A ~i~~^'~;i j'~l! ~~~~~y
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I ~v~U~ll!~~', ~~~~~ibG~ V~u~ r ~ ~ ~ I~~~ ~iir~, i ~I~~ "l~u~ ~v ~
If ou haVe a~y q~~stio~s p~as~ ~all th~ P;a~~i~g ~~~~~~~pmz~ S~N~~~s ~t i 17~62~2822
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BOARD OF COUNTY COMMISSIONERS ITI
Public Hearing Notice
Meet'"" T'me: 05/18/2010
6~00 PM (or soon thereafter )
Villages of Sunset Lakes PTV
Proposed Preliminary Site Plan & Rezoning
John Doe
2300 Virginia Ave
Fort Pierce, FL 34950
SHADO.W:LN~ BU.N7:ING:L-'N' ~ N
2~ ~ I
~I m
pN~ PUD PUD
I
Location: ~ AG-1 u~ C--ONIFER:DR~IPO:INCIPMA;CT AG 1- AG-"1
BOCC Chambers Z
SLC Administration Annex, `
~ __AG-1
2300 Virginia Avenue, ~
Fort Rierce, FL 34982 z,
, . FPFNM UNAL N0. ~ ~ ~jL-2O
I
2 Subject property ~
Applicanf ~ ~ ~
Sunset Lakes of St. Lucie, LLC I ~'~s ; ;
1250 East Hallandale Beach Blvd ~ qG_~ ' 9~ Ac-, AR-ti A~-,
Suite 504 _ ~r;,
Hallandale Beach, FL 33009 P1D s? I'
954.727.3019 ~ ~ ~
~
File Number ' ~aSFF~o ~~~~.N~ G~5 ,
~ - - --AN LE RD
yp CN S~~r- AR-1 RS-2
PTV 820094001 ~
AG-1
Proiect Location ' ' - ~ ~RS'~9T
Northwest corner of Johnston AG ~ ~ o R"'"-s F9sti
o ~i
Road and SFWMD Canal No. 25 A
Future Land Use
TVC (Towns Villages and Country- public Hearinq Description The St. Lucie County Board of
side) Consider an application of Sunset County Commissioners has the
Lakes of St. Lucie, LLC for Prelimi- power to review and grant any appli-
Existinq Zonin_q nary Planned Town or Village (PTV) cations within their area of responsi-
AG-1 (Agricultural - 1, 1 du/acre) Site Plan approval and change in bility.
Proposed Zoninq zoning from AG-1 (Agricultural-1, 1
du/acre) to PN (at 5.3 du/acre) for a The Board of County Commission-
PTV (Planned Town or Village) mixed-use village on 134.6 acres for ers strongly encourages your input
Staff's Recommendation a project known as Village of Sunset and comment at the public hearing.
Staff recommends approval of the Lakes. You may also mail or email written
application for Preliminary PTV for comments in advance of the public
Village of Sunset Lakes. Back_qround hearing for inclusion in the official
The subject property is located north record regarding this proceeding.
j InCrio Rd~ _
1 of Angle Road/Belcher Canal and
I! a east of I-95. The parcel is in the Further details are available in the
~ ¢ ° Planning and Development Services
s~b~~~~oPertY ' E~¢ - Towns Villages and Cnuntryside ~me ease contact.
_ = o Depa nt; pl
? planning area and the applicant is
' ~ 5i ~O01e a'°° proposing a project consistent with
' \ p those regulations. The proposed pro- Staff Kara Wood
A"'eR' r ject contains 396 single family units , Tel 772.462.2822
i `4P ''RSS 304 apartment units and 2,000 Email woodk@stlucieco.org
square feet of retail. Mail 2300 Virginia Avenue
\ ~
e^°° = °`a" Fort Pierce. FL 34982
~
Date Mailed 5/3/2010
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ST. LUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS
PUBLIC HEARING AGENDA
MAY 18, 2010
NOTICE OF PROPOSED PRELIMINARY PLANNED TOWN OR VILLAGE
The St. Lucie Caunry Bo~N ol Counry Commissioners propases ta co~aider the adoplion ol Ihe lollowinp ~y
resalulion:
RESOLUTION N0. 10-028
A HESOLUTION 6RANTIM6 PflEIIMINAAY PLANNED TOWN OA VILUI6E SITE PLAN APPAOYAL AND CHJINGE IN
IDNING APPROVAL FOA A 131.6 ACNE (MORE OB IESS) PARCEI OF UND LOCATED ON THE NONTHWEST CORNEN
OF JOHNSTON ROAD AND SFWMD CIINAL N0. 25, WHICH WOULD PEAMIT 396 SINGLE FAMILY DWEILING UNITS ,
304 MULTI-FAMILY DWELLING UNITS AND 2000 SOUARE FEET Df flETAIL FOR THE PROJECT KNOWN ~S VILLAGE
Of SUNSET LAI(E5, MAKING FINDIMGS Of FACT AND DETERMINING CONCLUSIONS Of LAW.
APPLICANT: Sunset Lakes oi SL Lucie, LLC
FIIE NUMBEN: PN 820094001
PUflPOSE: The purpose ot this hearing is to consider an application of Sunsei lakes of SL Wcie, LLC tor Pretiminary
Planned Town or Village (PN) Site Plan approval antl change in zoning from AG1 (AgrieuRural-1,1 dulacre) to PN (af
5.3 dWaere) for a mixed-use village on 134,6 acres (more or less) for a projeet known as Village oi Sunsei Lakes.
LOCATION: Nort~west comer of Johnston Road and SFWMD Canal Na 25
LEGAI DESCHIPTION: All that pan ol the tollowing described lands lying Easi ot Florida Interstate 95 rigM oi way
The Southwest Ouarter (SW'/) and the Northwest ~uader (NW Y) of the Southeasl0uarter (SE Y) antl the South Hali
~S'~) of the Southwest ~uader (SW Y~) ol the Southeast Duarter (SE'/~~ all in section 34, Townshlp 34 South, Range
9 East, saitl lands situate, lying and being in St Wcie Coumy, Florida,
Subiect to easemems antl rights oi South Florida Water Managemem District and Fori Pierce Farms Drainage Districi
for the maintenance antl support oi a ranal system ove! antl across ihe norih 80 feei (designatetl as Canal No 20;
and approxlmately the South 200 feet (designated as Canal No G25), and subjeci to gas easemems to Houston Gas
and Oil Company.
Excepting there irom the East 40 feef thereo( and also excev~ing there irom:
A iract or parcel of land ying in Section 34, Townshlp 34 South, Range 39 Easf, St Lucie Counry, Horida, being more
particularly describetl as follows:
For a pomt oi reterence commence at the Southeast eomer ol5ection 34; ihence mn West along the South line oi
said section a distance o11325.7D feet to a point being the Southeast corner of ihe Southwest ~uaner (SW'/) of the
Southeas! ~uarter (SE'ti) oi saitl section; thence North a distance of 2,364.55 feet to a point on the saitl East Ouarter
~SE'/) 6ne oi saitl section; thence West ai an angle of 89 degrees 5B minutes 20 seconds to the lef! irom said East
uarter (E Y) line a distance of 663.01 feet to a Doint oi an orange plastic hub stamped A-C-1 L driven tlush with the
grountl and tacked, said poim being the Poim oi Beginning From said poim of beginning; thence run North 89 degrees
D6 minutes 26 secontls West, a tlistance oi 208,69 teet to a poini oi an orange plastie hub stamped A-C 1M driven
flush with the ground and tacked, t~ence North ~i degree 46 minutes 42 secontls East, a tlistance of 2~872 teet to
a poinl of an orange plastic hub stampetl F7-C-1N driven flush with ihe ground and tacked, said poini also being the
intersect with the South right-ol-way line oi Canal No 2Q thence South 89 degrees OS minutes 50 seeonds East along
said South righf-ot-way line a distanee o1206.891eet to a concrete monumenl marked AhY L 2052-FCD, thenee South
01 degree 16 minutes 59 secontls West a distance of 208 64 feel to the point o( beginning Said parcel deslgnatetl as
Tract 102 0l Eastern Test Range Recontiguration.
Antl Suhject to an easement over and across thai parcel of land described herein, more partieulatly describetl as:
A tracl or parcel oi Wnd ying in Sec(ion 34, Townshlp 34 South, Ranqe 39 Easf, St Lucie Counry, Florida, being more
particulady tleseriDed as tollows:
For a point oi reference commence at the Southeast corner o~ Sectioo 34, thence run West along ihe South line oi
said section a distance of 1325.70 teei to a point being the Southeast oomer of the Southwesf ~uarter (SW'/ of the
Southeast ~uarter (SE'/) 01 said section; (hence North a distanee of 2,364 55 feet to a poim on the said Easi ~uarter
(E line oi said section; thence West at an angle oi 89 degrees 58 minWes 20 seeontls to the left from said Easi
Ouarte~ (E'/) line a distance of 663,01 teet to 2 point oi an orange plasiie hub stampetl F7-Gt L driven ftush w~h
the giound and tacketl; thence North 01 tlegree i6 minutes 59 seconds East a distanee oi 208.64 teet to a eoncrete
monument marked RM' 12D5.2-FC~, which on the South righl-o(-way oi Canal No, 20, said monument being the
Poim oi 8eginning From ihe poi~i ol beginning run thence South B9 degrees OS minutes 50 seconds Eas1 along the
South right-ai-way oi said Canal No 20 a distance of 620 feet; more or less, to a point on the Westem righi-of-way of
Johnston Roatl; thence Southedy along the Westem rigM-of-way oi said Johnston Roatl, a distance o150 0 feet to a
point; ihence Norih 89 degrees 05 minutes 50 seconds West a distance of 620 feet, more or less, to a point on a line
which bears South Ot degree 16 minutes 59 seconds West from the Poim ot Beginning; ihence North 01 tlegree 16
minutes 59 seconds East a distanoe o150.0 feel, more or less, to the Point ot Beginning. Said easemem is designaled
as Tract 102E of ihe Eastem Tesl Range Reconfiguration.
. -r-.___..• ~ o ~:a __::9
viW ..~s~ x~~a~~ 1
' ry ~ W) rv~2owaoo~
1 ~ i `c ~ ¢ i
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! $~ate P~n~wsY I 'e elw
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(Bdtlie~ Canal) .~~An eftG anib
~ /95 u S e 1
nv~
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Orenge Ave ~ p~,~ye ~v
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~ vPn e N~re .
E r '
The PUBLIC HEARING on this aem will be held in ihe Commission Chambers, Roger Poitras Annez, 3rd flooc S( Lucie
County Atlminisiratlon Building, 2300 Virginia Avenue, Fort Pieroe, Floritla on Tuesd~v May 18 2010 beginning at
6:00 PM or as soon thereafter as possible.
All interested persons will be given an opportunrty to be heartl. Written eomments receivetl in advanee of ihe public
_ hearing will also be consideretl Written eommenfs to the Board of Counry Commissioners shoultl be received by the
Pianning and Developmem Services Departmem - Plannmg Division at least 3 days prior to ihe scheduled hearing.
The petition file is available for review at the Plaoning and Development Services Department oflices located a12300
Vicgiaia Auenue, 2~d Flow, Fort Pierce, Florida, duung regular business hours. Please call 77?14fi2-2822 or T~?
772/A62-1428 if you have any questions or require additional intormation. - -
The St. Lueie County Board of Caunry Commissioners has the power to review antl grant any applications within iheir
area of responsihiliry.
TheproceetlingsoflheBoardolCounryCommissionersareelectronicallyrecorded PURSUANTTOSection286.D105.
florida StalWes. ii a person decides to appeal aoy deeision made by the Board of Counry Commissioners with respecl
to any matter considered at a meeting or hearing, he or she will need a record of the prceeedings For such purpose, he
or she may need to ensure ihal a verbatim record of the proceedings is matle, which recor0 includes ihe testimony antl
evidence upon which the appeal is to be based. Upon the request oi any party to the proceeding, individuals iestitying
during a hearing will be sworn in. Any parry to ihe proceeding wili be granted an opporiunity to eross-examine any
intlividual testitying during a hearing upon request. If ~ becomes necessary, a public hearing may be continuetl from
time to time as may be necessary to a date-certain
, Anyone with a disabiliry requiring accommodation to attentl this meeting should contact the St Lucie County
Communily Aisk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 or T.D D. (772)462-
1428. Any questions about this agenda may be referretl to St Lucie County Planning Division at (772) 462 2822.
BOAflD OF COUNTY COMMISSIDNEflS
ST. LUCIE COUNTY, FLORIDA
/S/ CHARLES GflANDE, CHAIRMAN
EXHIBIT "A"
LEGAL DESCRIPTION
All that part of the following described lands lying East of Florida Interstate 95 right of way:
The Southwest Quarter (SW and the Northwcst Quarter (NW'/.) of the Southeast Quarter (SE I/.) and the South Half (S
'/z) of the Southwest Quarter (SW of the Southeast uarter (SE all in Secxio a~, Tnwn~ ~p~}}~,~~ge 39
East, said lands situate, lying and being in St. Lucie County, Florida.
Subject to easements and rights of South Florida Water Management District and Fort Pierce Farms Drainage
District for the maintenance and support of a canal system over and across the North SO feet (designated as Canal
No. 20) and approximately the South 200 feet (designated as Canai No. C-25), and subject to gas easements to
Houston Gas and Oil Company.
Excepting there from the East 40 feet thereof and also excepting there from:
A aaci or parcei of ianri iying in ~ection 34, 'iownsiup 34 ~ouiu, iiange 39 Easi, St. iucie Counry, r iorida, oeing
more pazticularly described as follows:
For a point of reference commence at the Southeast comer of Section 34; thence run West along the South line of
said secrion a distance of 1,325.70 feet to a point being the Southeast comer of the Southwest Quarter (SW of the
Southeast Quarter (SE Y.) of said section; thence North a distance of 2,364.55 feet to a point on the said East Quarter
(SE 1/,) line of said section; thence West at an angle of 89 degrees 58 minutes 20 seconds to the left from said East
Quarter (E Y.) line a distance of 663.01 feet to a point of an orange plastic hub stamped F7-G1L drivcn flush with
the ground and tacked, said point being the Point of Beguuzing. Fzom said point of beguuung; thence nm North 89
degrces 06 minutes 26 seconds West, a distance of 208.69 feet to a point of an otange plastic hub stamped F7-C-1M
driven flush with the ground and tacked; thence North O1 degree 46 minutes 42 seconds East, a distance of 208.72
feet to a point of an orange piastic hub stamped F7-G1N driven flush with the ground and tacked, said point also
being the intersect with the South right-of-way line of Canal No. 20; thence South 89 degrees OS minutes 50 seconds
East along said South right-of-way line a distance of 206.89 feet to a conerete monument marked RIW L205.2-FCD; ,
thcnce South Ol dcgree 16 minutes 59 seconds West a distance of 208.64 feet to the point of bcginning. Said parcel
designated as Tract 102 of Eastem Test Range Reconfiguration.
And Subject to an easement over and across that parcel of land described herein, more particularly described as:
A tract or patcel of land lying in Section 34, Township 34 South, Range 39 East, St. Lucie County, Florida, being
more particularly described as follows:
For a point of reference commence at the Southeast comer of Section 34; thence run West along the South line of
said section a distance of 1,325.'70 feet to a point being the Southeast corner of the Southwest Quarter (SV~"/<) of the
Southeast Quarter (SE'/<) of said section; thence North a distance of 2,364.55 feet to a point on the said East Quarter
(E'/a) line of said section; thence West at an angle of 89 degrees 58 minutes 20 seconds tn the left from said East
Quarter (E'/<) line a distance of 663.OT feet to a point of an orange plastic hub stamped F7-G1L driven flush with
the ground and tacked; thence North O1 degree 16 minutes 59 seconds East a distance of 208.64 feet to a concrete
monument marked R/W L205.2-FCD, which on the South right-of-way of Canal No. 20, said monumcnt being the
Point of Beginning. From the point of beguuung run thence South 89 degrees OS minutes 50 seconds East along the
South right-0f-way of said Canal No. 20 a distance of 62~ feet, more or less, to a point on the Westem right-of-way
- -
of Jofinston Road; thence Southerly_alon$ the West_em right-of-way of said 7Qhnston Road, a distance of SQ,O feet to
_ -
a point; thence Nort1-i 89 degrees OS minutes 50 seconds West a distance of 620 feet, more or less, to a point on a
line which bears South O1 degree 16 minutes 59 seconds West from the Point of Beginning; thence North O1 degree
16 minutes 59 seconds East a distance of 50.0 feet; more or less, to the Point of Beguuung. Said easement
designated as Tract 102E of the Eastern Tesi Range Reconfiguration.
Written Public Comments Received for Villaqe of Sunset Lakes
From: irlaqoon29@aol.com [mailto:irlaqoon29@aol.coml
Sent: Monday, November 30, 2009 4:40 PM
To: Kara Wood
Cc: nc~umminqs@comcast.net
Subject: Sunset Lakes information request
Kara,
I live in Pantherwoods on Johnston Road and would like to be included on mailing lists for any
meetings and information pertaining to the proposed development on the corner of Johnston and
Angle Road. I think it is Sunset Lakes. There is already a traffic problem at the redlight on Kings
Highway and Angle Road due to the constrictoin of the road over the C-25 canal and the absence of
right turnng lanes and left turning arrows on the light.
The part of Johnston Road that was recently semi paved, north of Pantherwoods connecting to Indrio
Road, is very narrow. The traffic backs up at the corners of Johnston and Indrio due to the I-95
connection, it is a short cut to Vero, and the fact that there isn't a red light there. The other way to the
property is be the narow, dirt canal road,the L-20. This is used by some as a way to avoid the backed
up traffic at the Angle Road/Kings Highway light.
I don't know how many acidents or near accidents happen at these particular intersections but the
addition of 700+ residential units is not responsible. I think it would be prudent to invite all
Pantherwoods residents to a meeting because it will impact the neighborhoods ability to basically
travel in any directions when trying to go to work, shop, etc.
Thank you in advance for your assistance,
My home address is:
Liberta Scotto
9460 Meadowood Drive #101
Ft. Pierce, FL 34951
From: Kay McEachern [mmiltonj@bellsouth.net]
Sent: Thu 11 /12/2009 3:30 PM
To: Kara Wood
Subject: Sunset lakes of St. Lucie
The proposal for this project gives me concerns. Some of this we discussed in our phone
conversation on 11-12-09. I have always expected some development in the area but not retail or
multi-family units. I want my concerns to be public record.
1. They must be required to connect to FPUA water and sewer.
_ _
--2:-Road imptovEmerr~ts-on Kings-Hwy~ and Angle Road-m~st ~neet the-needs-for the 713 d.u.
(2 cars per unit X 3-4 trips per day) as the road are already over-crowded.
3. Retail space What is the use and how much parking will be made available?
4. What is the multi-family density-will it be multi-story? Will any of this be subsidized housing?
5. How much area will be dedicated as recreational? Will there be any "green" or natural
areas?
Please make this available to Mr. Mundt, Chairman and the other P.and Z commissioners.
Written Public Comments Received for Vitlage of Sunset Lakes
Page 2 of 5
Thank you.
Kathryn A. McEachern
1860 Bar Harbor Dr.
Fort Pierce, FL 34945
772 465-8360
From: mmiltonj @bellsouth.net [mailto:mmiltonj@bellsouth.net)
Sent: Monday, March 22, 2010 2:46 PM
To: Webmaster; Erick Gill; Chris Dzadovsky; Doug Coward; Paula Lewis; Charies Grande; Chris Craft
Subject: St. Lucie County Online - Contact My Commissioner - Subject: Suggestion
This message was sent by Kathryn McEachern at 3/22/2010 2:46:23 PM.
Contact Phone Number: 772 465-8360
Message:
Dear Commissioners, Soon you will be asked to approve a project named Villages of Sunset Lakes. It
was presented as a TVC. Mr. Trias has apparently covered all the points except none of us ever
expected a TVC on 136 acres, with row houses and three story apartments. We have always
expected growth in the area but this is not. It is city sprawl. Very littie effort has been shown to
accomodate several thousand cars added the the country roads. There wili be none of the services to
limit traffic out of the "viliage". We have heard no mention of the expanded public safety or school that
will be needed. i won't go into some of the other issues-storm water, no adequate playgrounds,
parking limitation. It is just not a good project for this area. PLEASE do not approve this as it has been
presented. If you are not familiar with the area please take a few minutes to visit and view it. Thank
you for your consideration.
Kathryn A. McEachern 1860 Bar Harbor Dr. Golden Ponds 772 465-8360
~Ci3J~'`~~~ ~+E~t~l3`~~~.. , : _ ~ _ v- , . . , ~ _ . . ~ _
To. Chris Craft , Ron Roberts ; EuqeneFORTIN5818@aol.com
Sent: Thursday, February 18, 2010 10:46 PM
Subject: Fw: TVC Project
My letter of Fri. 2/28/10 Revisited
St. Lucie Board of Commissioners,
Gentlemen and Lady,
- _ _ _ _ _ _
_ _ _ _ . -
I am writing with regard to the Planning and Zoning Comm. Meeting on Thurs. 2/18/10, open meeting
at which the developer made a very precise presentation on how to follow the rules for your T.V.C.
program. The program allows the deveioper to jam in un-necceessary homes taht will compare to the
unfinished developmens on 27/th Ave. After much discussion tonight by local property owners and
residents as to why this development is a very poor idea and even to have a planning engineer give
Written Public Comments Received for Viltage of Sunset Lakes
Page 3 of 5
his thoughts, we hope you override what the planning comm. will reccommend. You wili receive a vote
on Friday morning to sell you a bill of goods by your planning comm.
Approving this TVC project is very ill conceived and will only create sub-standard housing with little or
no access to the adjoining roads and I also believe that you will incur the ill feelinq of the owners and
residents of Angle Road and Johnston Rd.
The intersections of Angle Rd. and Kings Hwy' and a little further North at Johnston and Indrio Rd. will
become traffic snarls of all traffic snarls. Please put your thinking caps on and reverse your TVC
program for this area and deny the planning comm. vote.
I hope you watched the TV recording of tonights' meeting, I'm sure that will open your eyes/
Sincerely,
Eugene Fortin
Planning and Zoning Commission / Local Planning Agency of St. Lucie County, Florida
February 18, 2010
Statement on qroposed Villape of Sunset Lakes
Mr. Chairmen and Commission Members:
My name is Paula J. Halupa, and my husband and I live at 2455 Johnston Road, Fort Pierce, Florida,
just north of the proposed Village of Sunset Lakes development. We were unable to attend the
November 19, 2009 meeting concerning the proposed development. However, we were able to watch
the televised broadcast of that meeting and review materials associated with the development.
The proposed development will drastically alter the quality of our lives and impact the natural
landscape. As an individual and a biologist, I value and appreciate nature, wildlife, open space, and
natural habitat. When my husband and I moved to this area 10 years ago, we searched for a home in
a natural area where we could enjoy nature. We have just over 3 acres, including a house, and part
of a pond. To the best of our ability, we manage our back acres as natural habitat. The proposed
high-density housing development, just a few hundred feet from our property line, will definitely
impinge upon the enjoyment of our land.
When the Towns, Villages, and Countryside (TVC) was adopted by St. Lucie County, we had
numerous questions and concerns, but ultimately hoped that the County was taking a planned and
logical approach to development. If the proposed development is consistent with TVC, as Mr. Trias
purports, then the approach is not logical, thoughtful, or considerate of surrounding land uses. From a
personal perspective, we had hoped to be part of the Countryside, but if this development is approved
as proposed, part of our surrounding Countryside will be destroyed. We heard the testimonies of the
--G.esidents_af fhe_November 19,2009..meeting and share-their_serious_concerns. Havin~-b~en bom _
and raised just outside of New York City, I do not want to live in a place that looks like northern New
Jersey. Most of the residents along Johnston Road chose to live there for a reason, and that reason
is about to be destroyed.
At the November 19, 2009 meeting, Mr. Trias indicated that he was sensitive to existing conditions,
and he had committed to having a neighborhood meeting to discuss the proposed development with
Written Public Comments Received for Village of Sunset Lakes
Page 4 of 5
impacted parties. I can safely say that if the proposed development is approved, my husband and I
wiil be impacted. As far as we are aware, impacted parties were not invited to a meeting, and no
discussion with affected parties took place. If a meeting is to take place, at a minimum, all residents
from the junction of King's Highway and Angie Road, including those on L-20, all those along
Johnston Road, north to tndrio Road (or even Oslo) should be invited. Numerous individuals will have
diminished quality of life and, at a minimum, suffer from the effects of increased traffic (e.g., 2,000+
more vehicles on the roads) if the proposed development is approved and actually filled.
I do not believe that the Standards of Review for Rezoning have been met. Specifically, I find several
deficiencies and question the following (from page 3 of 10):
1. (lines 21-22) 8. Whether the proposed amendment is consistent with all elements of the St.
Lucie County Comprehensive Plan. If this is consistent with the plan, that plan is flawed. If
every 135 acre piece of land is divided into Town, Village, and Countryside, there will be no
Countryside. Several portions of the green space given in Mr. Trias' presentation do not
equate to Countryside (i.e., namely the portions between buitdings); 40% of the proposed
development is not Countryside.
2. (lines 23-24) C. Whether and the extent to which the proposed amendment is inconsistent
with existing and proposed land uses. The proposed amendment is thoroughly inconsistent
with existing land uses. Landowner and resident testimony shows that the proposed
development is inconsistent with existing land uses.
3. (lines 26-30) E. Whether and extent to which the proposed amendment would result in
demands on public facilities, and exceed the capacity (including transportation, water supply,
drainage). Clearly the addition of 700 residential units with more than 2,000 residents will
result in additional demands on public facilities and exceed capacity.
4. (lines 31-32) F. Whether and extent to which proposed amendment would result in significant
adverse impacts on the natural environment. The proposed development will destroy 135
acres of natural land, affect a wetland, create an artificial flow-way, impact natural drainage,
impact habitat for wildlife, and potentially displace federally listed species such as woodstork,
caracara, and Eastern indigo snake.
5. (lines 33-34) G. Whether and extent to which proposed amendment would adversely affect
the property values in the area. With an excess of housing already available, additional
housing can only further depreciate vatues of surrounding property.
6. (lines 35-37) H. Whether and extent to which proposed amendment would result in an orderly
and logica/ development patfern. As indicated earlier, if every small piece of property is
divided into Town, Village, and Countryside, there will be no Countryside. Overall, I question
the logic of a high-use development pattern in a confined parcel at this location, especially
considering the amount of housing currently available in the surrounding area.
7. (lines 38-39) 1. Whether fhe proposed amendment would be in conflict wiih the pub/ic interest
and is in harmony with the Code. Based upon the previous testimony of several landowners in
the affected area, the proposed amendment appears to be in conflict with the public interest.
In short, I do not see how the proposed development is consistent with the criteria for rezoning. I am
confident that most rational, objective people would agree.
--E-#~ect on Nearb~ Pcoperties (paae 4 of 10)- - - -
I tlo not see how the proposed development will not have an undue adverse effect upon nearby
property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other
matters affecting public health, safety, and general welfare. I would ask that County staff explain how
they arrived at such conclusions or re-evaluate the proposed plan. Personally, I see a drastic change
in character of the neighborhood, increased traffic and congestion, diminished property values, the
Written Public Comments Received for Village of Sunset Lakes
Page 5 of 5
potential for increased crime, diminished response from emergency services, decreased wildlife
viewing, and reduced aesthetics.
I do not see how the proposed development does not interfere with the development and use of
neighboring properties. As stated by previous testimony at this and the November 19, 2009 meeting,
the quality of life of residents along Johnston Road will be impacted. I believe the applicant has done
little to nothing to consider the impacts to surrounding properties and has made virtually no effort in
reaching out to impacted parties as promised.
In addition, I have concerns over drainage and the effects of high-density development (i.e., increased
impervious surfaces) on drainage of the general area and specifically, my property. I believe the
traffic analysis summary under-represents the actual amount of traffic that will occur on Johnston
Road and adjacent roads and suggest a re-analysis. I do not believe that environmental impacts were
adequately considered and suggest that County staff work with State and Federal agencies to
determine actual impacts. Finally, for the reasons stated above, I firmly believe that approval of the
Village of Sunset Lakes application is not a wise land-use decision. I urge Commission members to
deny the application for preliminary site plan approval.
Thank you for your consideration.
May 7, 2010
9533 Angle Road
Fort Pierce, FL 34947
St Lucie County Board of Commissioners
2300 Virginia Ave.
Fort Pierce, FL 34982
Dear Commissioners;
I am providing comment on ihe applicant, Sunset Lakes of St. Lucie, LLC PTV 820094001 for the
Northwest corner of Johnston Road and SFWMD Canal No. 25.
In reference to the 2,000 square feet of retail designated for the corner of Johnston and Angle Roads I
find this objectionable due to the existing surrounding residential community, the noise, lighting and
existing traffic pattern in particular for the adjacent intersection of Johnston and Angle Roads.
Significant road and bridge improvements will have to be made to accommodate this retail space.
I would like to Board to reject the commercial portion of the applicanYs project or at least make it
conditional that the residential portion of the project and others in the area be fully built out and road
and bridge improvements made before considering and permitting any commercial development.
- Tiaank youfor your attention.
Sincerely;
Judy Gersony
1 St. Lucie County
2 Planning and Zoning CommissioNLocal Planning Agency
3 Commission Chambers, 3`~ Floor, Roger Poitras Annex
4 February 18, 2010 Meeting
5 6:00 p.m.
6
7
8 In the event of a conflict between the written minutes and the compact disc, the
9 compact disc shall control.
10
11
12 I. Call to Order
13
14 Chairman Mundt called the meeting to order at 6:05 p.m.
15
16 A. Pledge of Allegiance
17
18
19 B. Roll Call
20 Craig Mundt Chairman
21 Britt Reynolds ................................Vice-Chairman
22 Barry Schrader .............................Commission Member
23 Pamela Hammer Commission Member
24 Brad Culverhouse...Arrived 6:50...Commission Member
25 Edward Lounds Commission Member
26 Stephanie Morgan Commission Member
2~ Tod Mowery Commission Member
28 Kathryn Hensley....Arrived 6:12.. Ex-Officio Member
29
30 Members Absent
31 Susan Caron... Excused...... Commission Member
32
33 Staff Present
34 Mark Satterlee Director, Growth Management
35 Robin Meyer ............................Assistant Director, Growth Management
36 Heather Young Assistant County Attorney
3~ Kara Wood ..............................Manager, Growth Management
38 Dawn Milone Recording ~ecretary
39
40 C. Announcements
41
42 None
43
44 _ _ _ _ - _
45 .
46 D. Disclosures
47
1
1 Ms. Morgan stated she had a brief conversation with the presenter of Sunset Lakes.
2 Mrs. Hammer stated she had communication with Commissioner Grande and
3 Commissioner Coward (separately) to refresh her memory regarding TVC.
4
5 II. Minutes
6
7 Review the minutes from the January 21, 2010 meefing, for approval.
8
9 Mrs. Hammer had quite a few corrections. These corrections have been made and sen#
10 to Mrs. Hammer.
11
12 Mrs. Hammer motioned to approve the minutes with corrections.
13
14 Mr. Schrader seconded.
15
16 The rr~otion carried una~imously,
17
18 Chairman Mundt stated item III B will be heard first. Item III A would follow.
19
20 IIl. Public Hearings
21
22
23 B. Village of Sunset Lakes: PTV 820094001
24 Petition of Ricardo Munoz-Tebar of Sunset i.akes of St Lucie, LLC, through
25 Ramon Trias of Trias $ Associates, agent, fqr a change in Zoning from the AG -1
26 (Agricultural - 1 du/acre) Zoning District to the PTV (Planned Town or Yillage)
27 Zoning District ~nd Preliminary Planned Town or Village Site Plan approval for
28 the project to be known as Village of Sunset Lakes
29
30 Ms. Wood, Growth Management Planning Manager stated Item Itl-B, Village of Sunset
31 Lakes, is an application for preliminary site plan approval and change in zoning from the
32 Agricultural-1 zoning district to the Planned Town and Village zoning district. This
33 application was presented at the November 19, 2009 Planning 8~ Zoning Commission
34 and oontinued to tonighYs meeting.
35
36 The subject property is inside the Urban Service Area and is bordered by Angle Raad
37 and Belcher Canal to the south, Interstate 95 to the west and Johnston Road to the
38 east.
39
40 The subject parcel (prior to the NC amendments) had a Future Land Use of MXD,
41 allowing up to nine dwelling units per acre to be built on the property. The parcets to the
42 north and east had a Future Land Use of Residential Suburfian with a maximum of two
_43 ~±teHitrg units_per acre; property to the west on.the other_side of I-95 _h_ad _a_ tand use
44 designation of MXD. Parcels to the south are outside the TVC area and have a Future
45 Land Use of Residential Suburban.
46
2
1 With the TVC in effect the subject property is zoned Agricultural-1 at 1 du/acre as are
2 the parcels to the north. The parcels to the east and south are zoned Agriculture-
3 Residential-1, also at a density of 1 du/acre. Parcels to the west across I-95 are
4 primarily zoned PUD but have no valid site plan.
5
6 The property is currently vacant grazing land. To the east and south are large-lot single-
7 family homes. To the immediate north are vacant platted parcels; north of that is the
8 development known as Panther Woods.
9
10 Ms. Wood continued since this was the first PTV rezoning and site plan to be presented
11 to the Planning and Zoning Commission, Ms. Wood reviewed at the last hearing some
12 of the major concepts of the Towns, Villages and Countryside plan.
13
14 Ms. Wood recapped some of these major concepts, since there have been some
15 questions from neighboring citizens about the Village of Sunset Lakes project as
16 proposed and what the County's requirements are.
17
18 Ms. Wood stated the area governed by the TVC regulations, bordered on the south by
19 Angle Road, on the north by the Indian River county line, on the east is the St. Lucie
20 County International Airport and Emerson Avenue and on the western boundary ends
21 where the Future Land Use becomes Special District and Agricultural-5.
22
23 The TVC requires organization of a neighborhood where more intensive uses and
24 buildings are concentrated in one area, with densities decreasing further away from the
25 neighborhood core. Open space and countryside borders the edge of each
26 neighborhood.
28 The range of intensities in each neighborhood is defined by the Transect, a sampling of
29 a slice through the neighborhood structure. This represents intensities from the Core to
30 the Countryside that is appropriate to their given location within the neighborhood.
31
32 The Retail Development Plan for the TVC from the Comprehensive Plan, which, when
33 implemented, ensures that services will be available in close proximity to future
34 residents of the TVC area. The plan calls for a 2000 Square Foot local store as
35 appropriate for the intersection of Johnston and Angle Roads, which is what the
36 applicant is proposing.
37
38 The Future Street Network in the TVC calls for an interchange near the subject property
39 extending from Immokolee Road and connecting to I-95 and the Turnpike. Staff has
40 worked with the applicant to ensure that sufficient right of way will be available.
41
42 Ms Wood's Power Point showed a page from the section of the Land Development
43 _ Code_containing the standards for a Town_or Village in the T~C. Ms, Wood__sta#ed when
44 designing such a development, an applicant must choose from the lot types offered in
45 the code.
46
47 A variety of parks and other civic amenities are also illustrated in the code to provide for
48 different types of public recreation.
3
1 In place of a site plan that notates specific locations of buildings, parking and
2 landscaping, TVC projects must provide a Regulating Plan that shows which lot and
3 street types allowed by code are being proposed within the project.
4
5 The site plan provided all the major components required of a Village in the TVC. It is
6 consistent with the Transect requirements and includes appropriate types of lots, streets
7 and civic spaces. The total lots proposed are seven hundred.
8
9 Ms. Wood stated this is significantly less than what the Future Land Use designation
10 allows, which is up to a total of 1,211 units.
11 .
12 Proposed public amenities include neighborhood parks, countryside parks and civic
13 squares and lots that provide a variety of public spaces for different functions. Some of
14 these will be urban in nature and some more natural.
15
16 According to the applicant's Traffic Impact Report, one hundred percent of automobite
17 trips from this project are projected to travel south on Johnston Road. Projected impacts
18 of traffic going east on Angle Road affect the intersection of Angle Road and Kings
19 Highway. The applicant's Proportionate Fair Share cost for improvements to this
20 intersection is currently calculated to be $555,556.00. An updated analysis will be
21 required prior to final development plan approval.
22
23 Ms. Wood stated there have been a number of inquiries from the public regarding the
24 proposed development, many of them from residents of Panther Woods, others from
25 neighbors immediately adjacent to the subject property. Some residents are asking why
26 Johnston Road is not required to be constructed as part of this development.
27
28 Ms. Wood stated section 7.05.07 of the Land Development Code requires that the
29 development have paved access to the site. This project currently has paved access
30 from Johnston Road to Angle Road and the developer has agreed to donate right-of-
31 way along their frontage and construct the required turn lanes on Johnston Road.
32
33 There are portions of Johnston Road, which contain substandard right-of-way widths,
34 and there are currently no funds available for the design of Johnston Road. Therefore,
35 the County is unable to calculate an accurate cost for the construction of the road and
36 determine the developer's proportionate fair share for constructing this roadway.
37
38 Ms. Wood stated the applicant held a neighborhood meeting on January 13, 2010 at the
39 agent's office in downtown Ft. Pierce where the proposed site plan was displayed and
40 staff and the applicant's representative were available to answer any questions.
41 ~
42 Staff recommends that the Planning & Zoning Commission forward a recommendation
43- bf approvai_v~itttconditions to th~ Board .of_C~ot~niy_ Commissioners for the_appiication for
44 preliminary site plan approval and change in zoning from the Agricultural-1 zoning
45 district to the Planned Town or Village zoning district.
46
47 The Commission was concerned about road improvements, traffic and turn lanes at
48 Johnston and Angle Roads, tratfic on Kings Highway and the lack of conditions
4
1 requiring a financial method, or other similar tool, for the northern road and bridge
2 improvement to the future interchange roadway.
3
4 Mr. Satterlee stated Johnston Road has room to the south that can be shifted on an
5 angle to provide more room.
6
7 Ramon Trias of Trias & Associates agent for the applicant stated he has an exhibit in
8 his office and invited all who wanted to learn the details about The Villages of Sunset
9 Lakes to stop by and he would discuss the project with them. This exhibit will be on
10 display until the end of March 2010 (maybe longer). He also thanked staff and Ms.
11 Wood for a wonderful job.
12
13 Mr. Trias stated he finalized the preservation of the Historic Wetlands, provided a sketch
14 that is based on the dimensions of the interchange, and the north-south connection road
15 is shown on the site plan.
16
17 The reason the TVC was created was to develop better urban form and better quality
18 projects. His plan will have high quality architecture that is appropriate for the area,
19 which creates a sustainable place to be proud of for the long term.
20
21 The TVC has very specific set(s) of requirements all of which were followed one
22 hundred percent in the planning of this project and staff does recommend approval.
23
24 Mr. Trias stated the code is very clear regarding the requirements for the TVC area.
25 Over a year ago, he and staff inet with the Treasure Coast Regional Planning Council
26 (TCRPC) staff, which was the consultant for the County throughout the development of
27 the TVC Area. The TCRPC worked with the public very extensively in a charette that
28 resulted in the ideas that are spoken about today.
29
30 The TVC is based on the fundamental idea of Transect. Each PTV application must
31 include a regulating plan that clearly identifies the proposed allocation of zones
32 within the entire Town or Village and adjoining Countryside on the same parcel. The
33 allocation of zones is intended to ensure variety and mixture of use and lot
34 types in neighborhoods and to delineate the Countryside that will be permanently
35 protected after development of the Town or Village.
36
37 The site plan, known as a Regulating Plan in the TVC portion of the Land Development
38 Code, is organized into transect zones, providing for a variety of housing types and
39 public spaces. The applicant has selected seven different lot types and ten different
40 street types to provide physical diversity in the community. Workforce housing, as
41 required, is provided at eight percent of the total units. The retail space requirement is
42 two thousand square feet (this is the allowable square footage for retail).
43 _ . . _
44 This project is designed with four Estate Lots and substantial buffering on its eastern
45 boundary along Johnston Road for most of the property's frontage to transition the more
46 dense housing proposed on this site to ihe large-lot single family residences on the east
47 side of Johnston Road. The proposed buffer area will contain landscaping to screen the
5
1 proposed development from the roadway and existing residents, the design of which will
2 be determined at Final PTV.
3
4 The applicant is donating right-of-way along Johnston Road as requested by the County
5 Engineer for future improvements, and will mitigate traffic impacts to the Kings Highway
6 and Angle Road intersection with a Proportionate Fair Share contribution.
7 The applicant proposes to donate 35 feet of right-of-way along Johnston Road for future
8 improvements, and will construct sidewalks and turn lanes along the project boundary.
9 The final design section for Johnston Road will determine the location of bike lanes and
10 street landscaping. All road or driveway connections to Johnston Road will require a
11 driveway permit issued through the Road and Bridge Division of Public Works. Public
12 Works staff reserves the right to make additional comments at the time of Final PTV
13 review. A condition of approval is that, prior to Final PTV approval a no vehicle access
14 easement will be placed on any lots that front Johnston Road.
15
16 There is a future (2050) Interstate 95 interchange at the northwest corner of the
17 property. The Engineering Division had concerns about the location and amount of
18 right-of-way provided. The applicant provided an analysis of the necessary right-of-way
19 by comparing the land area needed for the existing interchange at Indrio Road and I-95.
20
21 Mr. Trias stated a flow way is a transformation of a man-made canal to a more
22 naturalistic water retention and conveyance system that provides environmental
23 benefits, cleans the water and provides a large-scale public space because of its
24 accessibility. The flow way that was shown was a theoretical image, meant to illustrate
25 a concept.
26
27 The Commission had concerns with the small amount of commercial space that is
28 proposed, creating traffic problems by making residents travel to other areas outside of
29 the development for necessities.
30
31 Mrs. Hammer asked if the retail area could be expanded.
32
33 Ms. Wood stated a Retail Market Analyst studied the viability of retail in detail. The
34 policy language does allow for some flexibility.
35
36 Ms. Wood would be hesitant to support a recommendation of additional retail stating the
37 traffic and retail analysis does not show that the intersection can support it and litigation
38 and mediation had to do with the concern over how much commercial square footage
39 was being allowed in the entire area.
40 _ _
_ _ _
41 Mr. Trias stated one of the weakest aspects of the TVC is the analysis thaf was done on
42 commercial space.
43
6
1 The Commission questioned whether there could be more of a buffered area between
2 the northern residential area that jets into this project and have more single family
3 dwellings in that area.
4
5 Mr. Trias fe~t it would be consistent with the transect (he is going to look at the details
6 before final approval).
7
8 Chairman Mundt asked how the neighborhood meeting was proliferated.
9
10 Mr. Trias stated he sent an email to County staff with the information asking them to
11 contact any interested person(s). He stated this was a courtesy on behalf of the
12 applicant.
13
14 The parks in the area can accommodate a pickup game of basebalt or other activities.
15
16 Mr. Mowery believes the preliminary plan had numerous errors, conflicts and
17 inconsistencies and was concerned with the limited amount of live work units.
18
19 Mr. Trias stated he had to label the Transect Zones, which are not the same as the
20 building types, this is a slight overlap in TVC that is creating confusion (he was limited to
21 the technique he was using by the requirements of the TVC). He fully agreed that the
22 MXD use and commercial use in the TVC area is limited.
23
24 Mr. Mowery stated he loves the concept of the new urbanistic idea that is being
25 proposed, he could not be happier with the TVC and the County for having this as an
26 option. However, he stated that this area is not ready for development unless other
27 improvements were made to the existing infrastructure.
28
29 His reasons were the intersection of Angle and Johnston Roads. Stating that no funds
30 have been provided for the improvement of these roads (this could become a major
31 problem).The connection to the interstate roadway will probably never take place. The
32 Home Owners' Association (HOA) or Property Owners' Association (POA) will not want
33 to pay the necessary funds to extend their internal roadway in order to make the vital
34 connectivity.
35
36 He stated that he understood everyone's desire to see the first TVC project, however
37 without certain infrastructure improvements, that a project of this density should really
38 be closer to Ft. Pierce where the urban area is.
39
40 Mr. Trias stated we are dealing with a process that went through many years of
41 discussion. These are the rules that the County has approved. This project follows all
42 the rules.
_ _ _ - _ _ _ - _ _
43 - _ - _ _ _ _ _
_ _ - - -
44 Mr. Mowery stated he realized that everyone has a right to utilize his or her land as the
45 land use and zoning may provide. However, tonight the request is for a rezoning and a
46 preliminary site plan approval with no regard to the 407 peak hour trips at an
47 intersection and, that is already problematic. To say that your project is committing
48 monies toward another intersection and, that you have now done your fair share
7
1 contributions and that the negative traffic impact on Angle and Johnston shouid not be
2 addressed for the future and existing residents he finds that concerning.
3
4 Mr. Trias again stated that he was doing what staff said was appropriate and he is
5 following every rule.
6
7 Chairman Mundt opened the public hearing.
8
9 Frank Uzzolino Robert Tedder, Kathryn MaCraken, Darrell Crum, Robert Frackes,
10 Justin Tedder, Victor Wyatt, Paula Halupa, Roberta Scotto, Neil Plant and Peter
11 Buchwald spoke in opposition of the project.
12
13 The concerns cited were the economic situation, another failed development including
14 all the failed developments in the area that exist today, devalued property values,
15 development will drastically alter the quality of their lives. Multi story units, buffer to
16 Angel Road insufficient, a natural habitat being destroyed, small amount of retail space
17 allowed drainage (assurance that their properry will not be flooded) and water quality,
18 no contact with the developer. The two-lane bridge at Angle Road and Johnston Road
19 that cannot have turning lanes, traffic was a big concern at Kings Highway and Angle
20 Road and Johnston Road and Indrio Road and deficiencies in the traffic study.
21 .
22 Mrs. Hammer stated the data in the traffic report she received was dated March 18,
23 2004.
24
25 Chairman Mundt closed the public hearing.
26
27 The Commission discussed the traffic and intersection issues, traffic report, the lack of
28 commercial space, and the northern buffer issues (putting larger homes there).
29
30 Most of the Commission agreed if the project is forwarded to the Board of County
31 Commissioners the conditions they would like added are an updated traffic report( to
32 include an a.m.- p.m. study), addressing the issues at Johnston and Angle Roads and
33 Kings Highway all the way up to Indrio Road (contributions being made by the
34 applicant).
35
36 Ms. Morgan stated the Board of County Commissioners and The Department of
37 Community Affairs have approved the TVC. Mr. Trias is adhering to those rules and you
38 cannot deny him. Ms. Morgan would rather see seven hundred homes in the area as
39 opposed to one thousand two hundred and eleven.
40
41 Mr. Mowery had concerns about the rezoning since it is also tied to the preliminary PTV
42 site plan. He stated he would like to postpone any action the Commission is considering
43 _until_the Commission can review.the impacts of the revised #raffic st~dy a~d #o allow for
44 the preliminary site plan to be cleaned up and corrected.
45
46 Mr. Trias stated the site plan would be addressed at tinal approval.
47
8
1 Chairman Mundt stated getting the TVC defined and adopted was a long and laborious
2 process. This being the first project in the TVC area there are going to be issues that
3 come up. He does not feel this is cause for this project to be held up.
4
5
6 Ms. Morgan motioned after considering the testimony presented during the public
7 hearing, including staff comments, I hereby move that the St. Lucie County Local
8 Planning Agency recommend to the St. Lucie County Board of County
9 Commissioners to approve the application for Preliminary PTV Site Plan approval
10 for the development known as Village of Sunset Lakes along with the conditions
11 as presented by staff in their report with an updated Traffic Report to include
12 a.m. and p.m. traffic counts, recommended to do not only Johnston and Angle
13 Roads , Kings and Angle but also Johnston and Indrio.
14
15 Mr. Culverhouse seconded, and then withdrew his motion because the buffering
16 issue was not included in the motion.
17
18 Ms. Morgan stated Mr. Trias said he would address the buffering issue and she was not
19 making that a condition of approval.
20
21 Mr. Lounds seconded adding, he wants the Board of County Commissioners to
22 be aware of the Locat Planning Agency's concern that the development have
23 more single-family estates along the border of the residence already there.
24
25 Roll Call:
26 Mr. Schrader- yes
27 Mr. Culverhouse- yes
28 Mr. Mowery- no
29 Mr. Reynolds- yes
30 Mrs. Hammer- yes
31 Mr. Lounds- yes
32 Ms. Morgan- yes
33 Chairman Mundt- yes
34
35 Motion passed 7-1 with Mr. Mowery dissenting.
36
37 V. Adjourned
38
39 There being no further business, the meeting adjourned at 10:00 p.m.
9
ITEM NO. ~~~-B
~ " ~ = = DATE: 02/18/10
~ AGENDA REQUEST REGULAR ( )
. •
PUBLIC HEARING ( X )
LEG. ( )
QUASI~ID ( X )
CONSENT ( )
TO: Planning and Zoning Commission PRESENTED BY: ~
Kara Wood
SUBMITTED BY: Growth Management Department Planning Manager
SU_ Petition of Sunset Lakes of St. Lucie, LLC for Preliminary Planned Town or Village
(PT1n approval for a project known as Village of Sunset Lakes
BACKGROUND: Village of Sunset Lakes is a mixed-use development designed consistent with the
NC Comprehensive Plan Element and Land Development Regulations. The
project proposes 396 single-family units, 304 apartment units and 2,000 square
feet of retail.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: November 19, 2009 - Planning and Zoning Commission continued this item to
February 18, 2010.
RECOMMENDATION: Staff recommends approval of the application for Preliminary PN for Village of
Sunset Lakes.
Coordination/Siqnatures
f County Surveyor ( ) ~~~f
County Attomey ( ) ~
. Daniel S. Mclntyre Ron Harris
County Engineer ( ) ~"~l~~~ ERD ( ) 9
Michael Powley aren Smith
Originating Dept. ( ) ~
Mark Satterlee
~ • -
Planning and Zoning Commission ~ • - ~ •
Public Hearing Date Villages of Sunset Lakes AGENDA ITEM No. III-B
02/18/2010 Proposed Preliminary Site Plan & Rezoning
Applicant
Sunset Lakes of St. Lucie, LLC
1250 East Hallandale Beach Blvd. 2 s~+~-o~-~-~ ~~c:~N N
Suite 504 mp
Hallandale Beach, FL 33009 ~ PUD P~~ ~
~
954.727.3019 _ _ .
AG-1 -O.NIF.E~t~R1pQItVG1AN7A,"~7 AG-1 AG-1
Z
File Number - - - - ~ - - - - -
PN 820094001 - - - . n~-, _ . _ _ . _
~
Proiect Location F~"~°
Northwest comer of Johnston ' ~ '
Road and SFWMD Canal No. 25 ~ y~P Subject prope?ty
Future Land Use AG-1 `'9~ AG-~ AR ~1 AG-1
•
NC (Towns Villages and Country- Puo ~
side) ; ~n ~
~
Z~ninQ C85FFCD_UNAL NO. C25 I
AG-1 (Agricultural - 1, 1 du/acre) cN `~'s----- ~ ~
p 6YT qR-~
RS-2
ProQOSed ZoninQ AG ~ _ ~p~ RMH-5 ~~ST~ ~g AG-1 AG'~
PN (Planned Town or Village) o o~ sti~y _
Staff Recommendation
Staff recommends approval of the
application for Preliminary PN for proiect Description Recommended Action
Village of Sunset Lakes. Consider an application of Sunset Approval
ProleCt Mana4er Lakes of St. Lucie, LLC for Prelimi-
Kara Wood nary Planned Town or Village (PN) Notfce Requirements
Planning Manager Site Plan approval and change in This application was continued from
772.462.1589 zoning from AG-1 (Agriculturat-1, 1 the November 19, 2009 hearing, for
woodk@stlucieco.org du/acre) to PN (at 5.2 du/acre) for a which the following notice was pro-
mixed-use village on 134.6 acres for vided:
a project known as Village of Sunset . A notice of public hearing was
Lakes. sent to adjacent property own-
ers within 500 feet.
• A sign is posted on the p~operty
,,~„o R~ Backqround with a date and time of the
, - The subject property is located north scheduled public hearing.
~ of Angle Road/Belcher Canal and . An ad was published in the St.
S~k~~o~~, o„ r east of I-95. The parcel is in the Lucie News Tribune at least 10
\ ~ N~ x~ Towns Villages and Countryside days prior to the public hearing.
~ S~ ~~K B~a planning area and the applicant is
\ ~ ' ' proposing a project consistent with Further details are found in the at-
-`\j kR° x' - those regulations. The proposed pro- tached staff report.
ject contains 396 single family units,
304 apartment units and 2,000
^Ye ' _ square feet of retail.
2/4/2010
~
~~~-~i~~~l~~~+ir.~,~~ .
TM ~ Growth Management
* MEMORANDUM
. . , -
1 TO: Planning and Zoning Commission
2 THROUGH: Mark Satterlee, AICP, Growth Management Direct~
3 FROM: Kara Wood, Planning Manager
4 SUBJECT: Village of Sunset Lakes
5 PUBLIC HEARING DATE: February 18, 2010
6 FILE NUMBER: PTV 820094001
7 RESOLUTION NO.: 10-028
8
9 GENERAL INFORMATION
10
11 APPLICANT: Sunset Lakes of St. Lucie, LLC
12 1250 East Ha?landale Beach Blvd.
13 Suite 504
14 Hallandale, FL 33009
15 Tel: 954.727.3019
16
17 AGENT: Ramon Trias
ig Trias & Associates
19 315 Orange Avenue
20 Fort Pierce, FL 34950 ,
21 Tel: 772.460.1779
22
23 SUBJECT: Petition of Sunset Lakes of St. Lucie, LLC for Preliminary Planned
24 Town or Village (PTV) site plan approval and change in zoning
25 for a project known as Village of Sunset Lakes
26
27 FILE SUBMISSION DATE: August 7, 2009
28
29 LOCATION: Northwest corner of Johnston Road and SFWMD Canal No. 25
30
31 PARCEL IDs.: 1334-300-0000-0000
32
33 PARCEL SIZE OF PUD: 134.6 acres
34
35 PROPOSED
36 DEVELOPMENT: 700 residential units (56 detached single family, 340 attached
3~ single-family, 304 apartment units) and 2,000 square feet of retail
38
39 DENSITY: 5.2 dwelling units per acre
40
1 PHASING: No phasing has been proposed for this project.
2
3 LAND USE AND ZONING:
Future Land Use Zoning Existing Use
Subject Parcel: TVC' AG-12 Agriculture
North: TVC3 AG-1, PUD Vacant, Panther Woods
South: RS4 AR-15 C-25 canal, Large-lot single family
East: TVC6 AR-1 Large-lot single family
West: TVC' AG-1, PUD I-95, vacant (Woods of St. Lucie PUD)
4
5 FIRE/EMS PROTECTION: St. Lucie County Fire District
6
7 UTILITY SERVICE: Fort Pierce Utilities Authority (FPUA)
8
9 CONCURRENCY
10 DOCUMENT REQUIRED: Certificate of Capacity
11
12
13 BACKGROUND INFORMATION
14
15 Village of Sunset Lakes is a mixed-use development designed consistent with the TVC
16 Comprehensive Plan Element and Land Development Regulations. The Future Land Use
17 provides a maximum potential residential density of 9 dwelling units per acre, or a total of 1,211
18 units. The project proposes 700 residential units with the following lot types:
19
LoUUnit Count
Apartment House 304
Live/Work, Sideyard, Row House 340
House 52
Estate 4
20
21 The project also proposes a variety of recreational and civic areas with the following possible
22 uses:
23
Potential Uses and Features
Neighborhood Parks Playground, passive recreation, sports facilities, benches, shaded
seating, water fountain
Countryside Parks Bike racks, water fountains, rest rooms, shaded seating
Squares Hardscape area for events, water feature, shaded seating, water
fountain, transit stop
Civic Lots Day care, meeting hall, place of worship, fitness center, sheriff, fire
station, charter school, community center, post office
' TVC = Towns Villages & Countryside (formerly MXD): Transferable Development Value of 9 dwelling units per acre
2 AG-1 = Agricultural-1: maximum density 1 dwelling unit per acre
3 TVC = Towns Villages & Countryside (formerly RS): Transferable Development Value of 2 dwelling units per acre
` RS = Residential Suburban : maximum densiry 2 dwelling units per acre
5 AR-1 = Agricultural Residential: maximum density 1 dwelling units per acre
6 TVC = Towns Villages & Countryside (formerly RS): Transferable Development Value of 2 dwelling units per acre
' TVC = Towns Villages & Countryside (formerly MXD): Transferable Development Value of 9 dwelling units per acre
Subject: Village of Sunset Lakes February 5, 2010
File No.: PTV 820094001 Page 2 of 10
1
2 The site plan, known as a regulating plan in the TVC portion of the Land Development Code, is
3 organized into transect zones as required by the Section 3.01.03.EE of the TVC regulations,
4 providing for a variety of housing types and public spaces. The applicant has selected seven
5 different lot types and ten different street types to provide physical diversity in the community.
6 Workforce housing, as required, is provided at 8% of the total units, dispersed throughout the
7 plan. The location, types and phasing of construction of the workforce housing is shown on the
8 plan to demonstrate a balance in the placement timing of these unit types.
9
10
11 STANDARDS OF REVIEW FOR REZONING
12
13 This application includes a request for site plan approval as well as an amendment to the
14 Official Zoning Atlas. Section 11.06.03 provides Standards of Review to assess the
15 appropriateness of any proposed change in zoning. According to this section, in reviewing a
16 change in zoning, the Board of County Commissioners and the Planning and Zoning
17 Commission shall consider the following:
18
19 A. Whether the proposed amendment is in conflict with any applica6le portions of this
20 Code;
21 8. Whether the proposed amendment is consistent with all elements of the St. Lucie
22 County Comprehensive Plan;
23 C. Whether and the extent to which the proposed amendment is inconsistent with existing
24 and proposed land uses;
25 D. Whether there have been changed conditions that require an amendment;
26 E. Whether and the extent to which the proposed amendment would result in demands on
27 public facilities, and whether or to the e~ent to which the proposed amendment would
28 exceed the capacity of such public facilities, including but not limifed to transportation
29 facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass
30 transit and emergency medical facilities;
31 F. Whether and the extent to which the proposed amendment would result in significant
32 adverse impacts on the natural environment;
33 G. Whether and the extent to which the proposed amendment would adversely affect the
34 property values in the area;
35 H. Whether and the extent to which the proposed amendment would result in an orderly
36 and logical development pattern, specifically identifying any negative effects on such
37 pattern;
38 l. Whether the proposed amendment would be in conflict with the public interest, and is in
39 harmony with the purpose and interest of this Code; and
40 J. Any other matters thaf may be deemed appropriate by the Planning and Zoning
41 Commission or the Board of County Commissioners, in review and consideration of the
42 proposed amendment.
43
44 Adoption of the TVC Comprehensive Plan and Land Development Code initiated the need for a
45 new development pattern in the area. The requested change in zoning is for a Planned Town or
46 Village consistent with the TVC requirements, which call for a Village with a local store of
47 approximately 2,000 square feet to be developed on this parcel. The proposed project is
48 specifically designed to meet these requirements as adopted in 2006 and is consistent with the
49 criteria listed in this section.
50
Subject: Village of Sunset Lakes February 5, 2010
File No.: PTV 820094001 Page 3 of 10
1 STANDARDS OF REVIEW FOR SITE PLAN APPROVAL
2
3 Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum
4 Standards of Review for all proposed Site Plans. According to this section of the Code, "site
5 plan approval shall be granted only if the applicant demonstrates the following":
6
7 A. CONSISTENCY WITH LOCAL ORD/NANCES AND COMPREHENSIVE PLAN
8
9 The proposed building or use is consistent with the general purpose, goals, objectives,
10 and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code
11 and Compiled Laws of St. Lucie County; and the proposed use complies with all
12 additional standards imposed on it by the particular provisions of this Code authorizing
13 such use and any other requirement of the Code and Compiled Laws of St. Lucie
14 County.
15
16 Staff finds that the proposed project is consistent with the requirements of the
17 Comprehensive Plan and Land Development Code. The proposed design and uses are
18 consistent with Section 3.01.03.EE, Planned Town or Village.
19
20 B. EFFECT ON NEARBY PROPERTIES
21
22 1. The proposed building or use will not have an undue adverse etfect upon nearby
23 property, the character of the neighborhood, traffic conditions, parking, utility
24 facilities, and other matters affecting the public health, safety, and general
25 welfare.
26
27 2. All reasonable steps have been taken to minimize any adverse effect of the
28 proposed building or use on the immediate vicinity through building design, site
29 design, landscaping, and screening.
30
31 3. The proposed building or use will be constructed, arranged, and operated so as
32 not to interfere with the development and use of neighboring property, in
33 accordance with applicable district regulations.
34
35 The project is designed with four Estate Lots and substantial buffering on its eastern
36 boundary along Johnston Road for most of the property's frontage to transition the more
37 dense housing proposed on this site to the large-lot single family residences on the east
38 side of Johnston Road. The proposed buffer area will contain landscaping to screen the
39 proposed development from the roadway and existing residents, the design of which will
40 be determined at Final PTV.
41
42 The applicant is donating right-of-way along Johnston Road as requested by the County
43 Engineer for future improvements, and will mitigate traffic impacts to the Kings Highway
44 and Angle Road intersection with a Proportionate Fair Share contribution.
45
46 C. ADEQUACY OF PUBLIC FACILITIES
47
48 The proposed building or use complies with the standards of Chapter V, Adequate
49 Public Facilities.
50
51
Subject: Village of Sunset Lakes February 5, 2010
File No.: PTV 820094001 Page 4 of 10
1 Right-of-Way, Access and Scheduled Improvements
2
3 The applicant proposes to donate 35 feet of right-of-way along Johnston Road for future
4 improvements, and will construct sidewalks and turn lanes along the project boundary.
5 The final design section for Johnston Road will determine the location of bike lanes and
6 street landscaping. All road or driveway connections to Johnston Road will require a
7 driveway permit issued through the Road and Bridge Division of Public Works. Public
8 Works staff reserves the right to make additional comments at the time of Final PTV
9 review. A condition of approval is that, prior to Final PTV approval a no vehicle access
10 easement will be placed on any lots that front Johnston Road.
11
12 There is a future (2050) Interstate 95 interchange at the northwest corner of the
13 property, and the Engineering Division had concerns about the location and amount of
14 right-of-way provided. The applicant provided an analysis of the necessary right-of-way
15 by comparing the land area needed for the existing interchange at Indrio Road and I-95.
16
17 Conditions of Approval
18
19 1) Within 90 days after receiving final site plan approval, the applicant shall convey the
20 required road right-of-way for Johnston Road. Manner and form of conveyance shall
21 be acceptable to the County Attorney. The sketch and legal description shall be
22 prepared by a Florida licensed surveyor and mapper. Pursuant to Chapter 7.05.03 of
23 the St. Lucie County Land Development Code, the applicant may be granted credits
24 against road impact fees.
25
26 2) Pursuant to Chapter 11.04 of the St. Lucie County Land Development Code, the
27 applicant shall either construct or bond all required improvements prior to recordation
28 of the final plat. If the applicant chooses to bond the required improvements, a
29 Subdivision Improvement Agreement shall be required. The final plat shall not be
30 recorded until the BOCC approves the Subdivision Improvement Agreement. A copy
31 of the standard Agreement can be obtained by visiting the St. Lucie County Public
32 Works Department website at: http://www.stlucieco.gov/public_works/index.htm.
33
34 3) Prior to the issuance of a right-of-way permit, the applicant shall execute a Road
35 Improvement Agreement with St. Lucie County and submit a surety for the proposed
36 public improvements. The amount of surety shall be 115% of the engineer's estimate
37 of probable cost. The amount of surety shall be approved by the County Engineer
38 and the form of surety shall be approved by the County Attorney. A copy of the
39 standard "AgreemenY' can be obtained by visiting the St. Lucie County Public Works
40 Department website at: http://www.stlucieco.gov/public_works/index.htm.
41
42 4) Prior to the recording of the final plat, the County Surveyor shall verify that all
43 required survey markers have been placed in accordance with the requirements of
44 Chapter 177, FS, Part I and the St. Lucie County Land Development Code. The
45 applicant's surveyor shall notify the County Surveyor when all required survey
46 markers have been set and flagged.
47
48 5) Prior to Final PTV approval, a no vehicle access easement will be placed on all lots
49 that front Johnston Road. Public Works staff reserves the right to make additional
50 comments or conditions at Final PTV to ensure the proper functioning and
51 maintenance of the proposed roadway network.
Subject: Village of Sunset Lakes February 5, 2010
File No.: PTV 820094001 Page 5 of 10
1
2 6) Prior to Preliminary PTV approval, the applicant shall amend the eastern project
3 boundary to avoid encroaching into the ultimate right-of-way line of Johnston Road.
4
5 7) Prior to Preliminary PTV approval, the applicant shall revise the proposed street
6 names in a manner acceptable to the County Attorney's office.
7
8 Water Supply, Wastewater and Solid Waste
9
10 Fort Pierce Utility Authority has indicated that, at this time, a 12-inch PVC water main is
11 available at the intersection of Angle Road and an 8-inch PVC force main is available at
12 the intersection of Johnston Road and Angle Road. Extensive utility improvements will
13 be required to provide the proposed development with water and wastewater services.
14
15 Condition of Approval
16
17 1) Prior to Final PTV approval, a pre-design Meeting with the FPUA Water, Wastewater
18 and Gas Engineering Department will be required.
19
20 Drainage
21
22 Storm water is proposed to be collected into the northwest area of the property into a
23 flow way system that will be built into a modified C-20 canal operated by the Fort Pierce
24 Farms Water Control District (FPFWCD). Canal 20 outfalls downstream into FPFWCD
25 Canal 1 that ultimately joins with the South Florida Water Management District
26 (SFWMD) Canal 1 prior to discharging into the Indian River Lagoon. The development
27 will require permits from St. Lucie County, FPFWCD and SFWMD permit before building
28 permits are issued.
29
30 Condition of Approval
31
32 1) Prior to Final PTV approval, the applicant shall demonstrate that the proposed flow
33 way will be consistent with the requirements of the TVC and meet all requirements of
34 the South Florida Water Management District, St. Lucie County and other regulatory
35 agency requirements.
36
37 Traffic Analysis Summary
38
39 In reviewing the traffic data provided by Kimley-Horn & Associates for the development
40 of the Village of Sunset Lakes consisting of 719 residential dwelling units and 2,000 sq.
41 ft. of retail space to be located at the northwest corner of Angle Road at Johnston Road,
42 staff offers the following comments:
43
44 In the submitted traffic report, the applicant proposed to construct 719 residential
45 dwelling units (63 single family, 314 apartments, 342 townhomes) and 2,000 sq. ft. retail
46 space that generates the following peak hour traffic:
47 single family 63 x 1.09 peak hour trips = 69
48 apartments 314 x 0.60 peak hour trips = 190
49 townhomes 342 x 0.48 peak hour trips = 165
50 retail 2,000 sq. ft. x 2.5 trips/1,000 sq. ft. = 5
51 total peak hour trips = 429 x 5% internal capture x 34% pass-by trips = 407
Subject: Village of Sunset Lakes February 5, 2010
File No.: PTV 820094001 Page 6 of 10
1
2 All of the project trips are distributed through the Angle Road at Kings Highway
3 intersection. The impacts of these 407 p.m. peak hour trips that are generated and
4 distributed through this intersection will require traffic mitigation in consideration of
5 existing level of service deficiencies at this location. A Proportionate Fair Share (PFS)
6 Agreement between the developer and St. Lucie County will be required as a traffic
7 mitigation measure relating to the impacts of project traffic upon the adjacent regional
8 roadway network.
9
10 As part of the mitigation, the applicant must provide a proportionate fair share calculation
11 and appropriate payment for the Kings at Angle intersection which has a total current
12 day project cost estimate of $13 million. Based upon the analysis provided by the
13 applicant, the calculated proportionate fair share cost is $555,556. Staff agrees with this
14 assessment and cost estimate. Prior to Final PTV approval, the applicant may
15 recalculate the proportionate fair share cost based on the revised unit count of the
16 current site plan. It should be noted that the applicant will be eligible to receive road
17 impact fee credit against their proportionate fair share contribution.
18
19 Condition of Approval
20
21 1) Prior to Final Planned Town or Village approval and the issuance of a Certificate of
22 Capacity, the applicant shall comply with the concurrency management rules in
23 effect at the time of Final PTV approval and shall enter into proportionate fair share
24 agreements as warranted. Specifically the Kings Highway and Angle Road
25 intersection shall be analyzed for impact based on the proposed development plan at
26 Final PTV. The applicant may receive future road impact fee credit or fair share
27 mitigation in accordance with applicable codes.
28
29 D. ADEQUACY OF FIRE PROTECTION
30
31 The applicanf has obtained from the St. Lucie County Bureau of Fire Prevention written
32 confirmation, or has otherwise demonstrated by substantial credible evidence, that water
33 supply, evacuation facilities, and emergency access are safisfactory fo provide adequate
34 fire protection.
35
36 Development on this site will be served by St. Lucie Fire District Station #4, located on
37 Industrial 33~d Street at the St. Lucie County International Airport, approximately four
38 miles east of the proposed development. No comments have been received from the
39 Fire District regarding the proposed project.
40
41 Condition of Approval
42
43 1) Prior to Preliminary PTV approval, documentation must be provided to Growth
44 Management staff from the Fire District approving the proposed project.
45
46 E. ADEQUACY OF SCHOOL FACILITIES
47
48 The proposed building or use will be served by adequate school facilities.
49
50 The St. Lucie County School Board has approved the proposed project and indicated
51 that the development "does not present any capacity problems for ihe public schools.
Subject: Village of Sunset Lakes February 5, 2010
File No.: PTV 820094001 Page 7 of 10
1
2 F. ENVIRONMENTAL /MPACT
3
4 For developments required to provide an environmental impact report under Section
5 11.02.09(A)(5), the proposed development will not contravene any applicable provision
6 of the St. Lucie County Comprehensive Plan, or of Chapter Vlll, "Natural Environment
7 Analysis'; of the St. Lucie County Barrier Island Study Analysis of Growth Management
8 Policy Plan, Kimiey-Horn.
9
10 St. Lucie County Environmental Resource Department has reviewed the petition and
11 submitted a report on the environmental impacts of the proposed development as
12 follows:
13
14 Environmental Resources Department staff completed a site visit on September 4, 2009
15 and review of the most recent submittal dated December 23, 2009. The 135 acre site
16 consists of 125 acres of agricultural ranch land with scattered native trees (currently
17 utilized for cattle grazing) and a 10 acre water management system, containing an
18 approximately 1.2 acre jurisdictional wetland.
19
20 The wetland is classified as a Category I per Comprehensive Plan Policy 8.1.14.1 due to
21 its hydrologic connectivity. The development plan preserves the wetland and a 50- foot
22 wetland buffer. The upland buffer will be restored with native vegetation per the
23 Countryside Management Plan.
24
25 The development site contains 6 slash pines, 5 laurel oaks, and 28 cabbage palms
26 meeting the mitigation thresholds outlined in Land Development Code 6.00.05(D). The
27 preliminary plans preserve all native trees, therefore no mitigation is required. In
28 addition, proposed restoration areas will increase the native vegetation coverage onsite.
29
30 Potential listed species for this site include the federally listed Woodstork. The proposed
31 flow way littoral system and submerged berms will likely offset any impacts to foraging
32 area, however approval from the U.S. Fish and Wildlife Service is a Condition of
33 Approval.
34
35 Conditions of Approval
36
37 1) Prior to final site plan approval, per Land Development Code 3.01.03EE.2.o.7, the
38 final Countryside Management Plan/Preserve Area Management Plan shall be
39 provided.
40
41 2) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
42 finalize an improvement agreement acceptable to Environmental Resources
43 Department (ERD) covering the cost to purchase and install all required landscaping,
44 irrigation, tree relocation, and related improvements shown in the approved
45 landscape plan. A copy of this agreement can be obtained by visiting the St. Lucie
46 County ERD website at: http://www.stlucieco.org/erd/index.htm.
47
48 3) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
49 have obtained and provided Environmental Resources Department with copies of
50 any required federal and state permits, including but not limited to a US Fish and
51 Wildlife Service (FWS) Incidental Take Permit and associated FWS-approved
Subject: Village of Sunset Lakes February 5, 2010
File No.: PTV 820094001 Page 8 of 10
1 Habitat Conservation Plan. If federal or state agency compliance requires
2 modification to the development plans, the applicant will promptly modify the plans
3 and submit to St. Lucie County for review and approval as required by the Land
4 Development Code. The applicant will not use the County's development approval to
5 prevent compliance with any federal or state agency requirements.
6
7 4) Within 90 days of site plan approval or prior to issuance of a Vegetation Removal
8 Permit or Exemption, whichever comes first, the applicant shall provide the required
9 executed SLC (or SFWMD) conservation easement and the Environmental
10 Resources Department approved Countryside Management Plan with an attached
11 affidavit, and a cashier's check, payable to the Clerk of the Court for the appropriate
12 recording fees, to the County Attorney for review and approval. A copy of the
13 standard conservation easement document can be obtained by visiting the St. Lucie
14 County Environmental Resources Department website at:
15 http://www.stlucieco.org/Environmental Resources DepartmenUindex.htm.
16
17 RECOMMENDATION
18
19 Staff recommends that the Planning and Zoning Commission forward a recommendation of
20 approval to the Board of County Commissioners for the Preliminary PTV site plan and change in
21 zoning for Vitlage of Sunset Lakes.
22
Subject: Village of Sunset Lakes February 5, 2010
File No.: PTV 820094001 Page 9 of 10
1 Suggested motion to recommend approval or denial of this request:
2
3
4 MOTION TO APPROVE:
5 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
6 INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE LOCAL PLANNING AGENCY
7 RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
8 APPROVE THE APPLICATION FOR PRELIMINARY PTV SITE PLAN APPROVAL FOR THE
9 DEVELOPMENT KNOWN AS VILLAGE OF SUNSET LAKES, BECAUSE
10 [CITE REASON WHY - PLEASE BE SPECIFIC].
11
12
13 MOTION TO DENY:
14 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
15 INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE LOCAL PLANNING AGENCY
16 RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
17 DENY THE APPLICATION FOR PRELIMINARY PTV SITE PLAN APPROVAL FOR THE
18 DEVELOPMENT KNOWN AS VILLAGE OF SUNSET LAKES, BECAUSE
19 [CITE REASON WHY - PLEASE BE SPECIFIC].
Subject: Village of Sunset Lakes February 5, 2010
File No.: PTV 820094001 Page 10 of 10
Environmental Resources
~ ~ = - Department
•
. . •
Agenda Item
Companion Report
TO: Planning and Zoning Commission
THROUGH: Karen L. Smith, Environmental Resources Department Director ~
FROM: Jennifer Evans, Environmental Planning Coordinator
Amy Mott, Environmental Regulations Division Manager~
DATE: February 2, 2010
SUBJECT: Village at Sunset Lakes
PN - 820094001
Department Coordination
Environmental Resources Department (ERD) worked closely with Growth
Management, as well as other members of the Development Review Committee
regarding this item.
Fin in
ERD input has been included in the attached staff report.
Recommendations
ERD supports Growth Management's recommendation to forward a
recommendation of approval to the Board of County Commissioners.
Si nature
-1-
1 RESOLUTION NO. 10-028
2 FILE NO.: PN 820094001
3
4 A RESOLUTION GRANTING PRELIMINARY PLANNED TOWN OR VILLAGE
5 SITE PLAN APPROVAL AND CHANGE IN ZONING APPROVAL FOR A 134.6
6 ACRE (MORE OR LESS) PARCEL OF LAND LOCATED ON THE
7 NORTHWEST CORNER OF JOHNSTON ROAD AND SFWMD CANAL NO. 25,
8 WHICH WOULD PERMIT 700 DWELLING UNITS AND 2,000 SC~UARE FEET
9 OF RETAIL FOR THE PROJECT KNOWN AS VILLAGE OF UNSET LAKES,
10 MAKING FINDINGS OF FACT AND DETERMINING CONC NS OF LAW.
11
12 WHEREAS, the Board of County Commissioners of St. Luci , Florida, based on the
13 testimony and evidence, including but not limited to the s rep s made the following
14 determinations:
15
16 1. Ricardo Munoz-Tebar of Sunset Lakes of St. ~e, LL , through Ra Trias of Trias
17 & Associates, agent, presented a petitio a Ch e in Zoning AG-1
18 (Agricultural - 1, 1 du/acre) Zoning Distric o TV (P ed Town or e) Zoning
19 District and Preliminary Planned Town or Villag P a roval for th roject to be
20 known as Village of Sunset Lakes, a mixed-use ision of 134.6 acres consisting
21 700 single family lots and 2,00 quare feet of re evelopment. The property is
22 located on the northwest corner of on Road and D Canal No. 25.
23
24 2. On November 19, 2009, a public he g . Lucie nty Planning and Zoning
25 Commission was held, of which due ubli ublished and mailed to all
26 property owners wit ' 0 feet of the ct pro at least 10 days prior to the
27 hearing. The hear~ tinued to Fe uary 18, 2 0.
28
29 3. On February , , the Lucie Count ning and Zoning Commission resumed
30 the public hearing he ~ inary Plan Town or Village for Village of Sunset
31 Lakes an comme ounty Commissioners that the preliminary
32 site p e in be (a d/a roved with conditions/denied)..
33
34 4. 2010, ard of County Commissioners of St. Lucie County,
35 held a public ring, o ich due public notice was published and mailed to all
36 prop wners withi 00 f t of the subject property at least 10 days prior to the
37 hearin the Prelimi y Planned Town or Village Site Plan and change in zoning for
38 the proje wn as age of Sunset Lakes, and heard and considered testimony of
39 the propose elo nt order.
40
41
42 FINDINGS OF FACT
43
44 Based on the evidence presented and also based upon the inclusion of the conditions of
45 approval as set forth below in this resolution, the Board of County Commissioners finds as
46 follows:
47
48 A. The proposed project is consistent with the goals, objectives and policies of the Future
49 Land Use Element of the St. Lucie County Comprehensive Plan, and meets the
50 technical requirements of the St. Lucie County Land Development Code.
File No.: PTV 820094001 Draft Res 10-028 P&Z 02.18.10.docx
2/5/2010 Page 1
1
2 B. The proposed project wili not have an undue adverse effect on adjacent property, the
3 character of the neighborhood, and other matters affecting the public health, safety,
4 and general welfare.
5
6 C. All reasonable steps have been taken to minimize any adverse effect on the proposed
7 project on the immediate vicinity through building design, site design, landscaping and
S screening.
9
10 D. The proposed project is constructed, arranged and operated s not to interfere with
11 the development and use of neighboring property, in accor e~ applicable district
12 regulations.
13
14
15 CONCLUSIONS OF
16
17 NOW, THEREFORE, BE IT RESOLVED by the B of County Commissi of St. Lucie
18 County, Florida, having made the findings of et fo above, make ollowing
19 conclusions of law:
20
21 A. Pursuant to Section 11.02.05 of the St. Lucie Land Development Code, the
22 Preliminary Planned Town or Vi known as Villa unset Lakes, as depicted on
23 the site plan drawings for the pr ared by Tria ss ciates, last revised on
24 January 22, 2010 and date sta 'ved by th . Lucie County Growth
25 Management on January 25, 201 is prov subject to the following
26 conditions:
27
28 1) Within 90 d aft iving final plan app oval, the applicant shall convey the
29 required right-of- for Johnst Road. Manner and form of conveyance shall
30 be acc ta the unty Attorne e sketch and legal description shall be
31 prepared by a urveyo nd mapper. Pursuant to Chapter 7.05.03 of
32 th ie Co an t Code, the applicant may be granted credits
33 ' pac
34
35 Pursuant to er 11. the St. Lucie County Land Development Code, the
36 licant shall r cons ct or bond all required improvements prior to recordation
37 e final plat. the applicant chooses to bond the required improvements, a
38 S ~ ion Impr ment Agreement shall be required. The final plat shall not be
39 reco ntil th OCC approves the Subdivision Improvement Agreement. A copy
40 of the r greement can be obtained by visiting the St. Lucie County Public
41 Works De ent website at: http://www.stlucieco.gov/public_works/index.htm.
42
43 3) Prior to the issuance of a right-of-way permit, the applicant shall execute a Road
44 Improvement Agreement with St. Lucie County and submit a surety for the proposed
45 public improvements. The amount of surety shall be 115% of the engineer's estimate
46 of probable cost. The amount of surety shall be approved by the County Engineer
47 and the form of surety shall be approved by the County Attorney. A copy of the
48 standard "AgreemenY' can be obtained by visiting the St. Lucie County Public Works
49 Department website at: http://www.stlucieco.gov/public_works/index.htm.
50
File No.: PTV 820094001 Draft Res 10-028 P&Z 02.18.10.docx
2/5/2010 Page 2
1 4) Prior to the recording of the final plat, the County Surveyor shall verify that all
2 required survey markers have been placed in accordance with the requirements of
3 Chapter 177, FS, Part I and the St. Lucie County Land Development Code. The
4 applicant's surveyor shall notify the County Surveyor when all required survey
5 markers have been set and flagged.
6
7 5) Prior to Final PTV approval, a no vehicle access easement will be placed on all lots
8 that front Johnston Road. Public Works staff reserves the right to make additional
9 comments or conditions at Final PTV to ensure the proper functioning and
10 maintenance of the proposed roadway network.
11
12 6) Prior to Preliminary PTV approval, the applicant s mend the eastern project
13 boundary to avoid encroaching into the ultimate ri line of Johnston Road.
14
15 7) Prior to Preliminary PTV approval, the app ~ t hall re e proposed street
16 names in a manner acceptable to the Cou ey's office.
17
18 8) Prior to Final PTV approval, a pre-de ' eeting ' h the FPUA astewater
19 and Gas Engineering Department wil be ~ ed.
20
21 9) Prior to Final PTV approval, the applicant sh onstrate that the proposed flow
22 way will be consistent with t uirements of th C and meet all requirements of
23 the South Florida Water Man District, St. L Co nty and other regulatory
24 agency requirements.
25
26 10) Prior to Final Planned Town or ge pr he issuance of a Certificate of
27 Capacity, the t shall co ith the currency management rules in
28 effect at th e o f PTV appr I and sh I enter into proportionate fair share
29 agreeme s war ed. Specifi ly the Kings Highway and Angle Road
30 intersec on be a zed for impa ed on the proposed development plan at
31 Final PTV. T I' receiv uture road impact fee credit or fair share
32 m' ~ 'n acc ce e codes.
33
34 Prior to ~ ary approval, documentation must be provided to Growth
35 Management from t District approving the proposed project.
36
37 12) to final site n approval, per Land Development Code 3.01.03EE.2.o.7, the
38 fin untryside anagement Plan/Preserve Area Management Plan shall be
39 provi
40
41 13) Prior to is e of a Vegetation Removal Permit or Exemption, the applicant shall
42 finalize a improvement agreement acceptable to Environmental Resources
43 Department (ERD) covering the cost to purchase and install all required landscaping,
44 irrigation, tree relocation, and related improvements shown in the approved
45 landscape plan. A copy of this agreement can be obtained by visiting the St. Lucie
46 County ERD website at: http://www.stlucieco.org/erd/index.htm.
47
48 14) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
49 have obtained and provided Environmental Resources Department with copies of
50 any required federal and state permits, including but not limited to a US Fish and
51 Wildlife Service (FWS) Incidental Take Permit and associated FWS-approved
File No.: PTV 820094001 Draft Res 10-028 P&Z 02.18.10.docx
2/5/2010 Page 3
1 Habitat Conservation Plan. If federal or state agency compliance requires
2 modification to the development plans, the applicant will promptly modify the plans
3 and submit to St. Lucie County for review and approval as required by the Land
4 Development Code. The applicant will not use the County's development approval to
5 prevent compliance with any federal or state agency requirements.
6
7 15) Within 90 days of site plan approval or prior to issuance of a Vegetation Removal
8 Permit or Exemption, whichever comes first, the applicant shall provide the required
9 executed SLC (or SFWMD) conservation easement and the Environmental
10 Resources Department approved Countryside Managem Plan with an attached
11 affidavit, and a cashier's check, payable to the Clerk of for the appropriate
12 recording fees, to the County Attorney for review approval. A copy of the
13 standard conservation easement document can b by visiting the St. Lucie
14 County Environmental Resources epa website at:
15 http://www.stlucieco.org/Environmental Reso s epartm dex.htm.
16
17
18 B. The property on which this site plan appr being nted is describ Ilows:
19
20 ALL THAT PART OF THE FOLLOWING D D NDS LYI EAST OF
21 FLORIDA INTERSTATE 95 RIGHT OF WAY:
22
23 THE SOUTHWEST QUARTER ( ND THE NO E T QUARTER (NW ~/a)
24 OF THE SOUTHEAST QUARTE D THE S HALF (S 'h) OF THE
25 SOUTHWEST QUARTER (SW '/a) T EAS UARTER (SE Ya) ALL IN
26 SECTION 34, TOWNSHIP 34 SOU , T, SAID LANDS SITUATE,
27 LYING AND BEIN LUCIE CO , FLOR .
28
29 SUBJECT ASE S AND HTS OF SOUTH FLORIDA WATER
30 MANAGE N TRIC ND FORT PI FARMS DRAINAGE DISTRICT FOR
31 THE MAINTENA RT OF CANAL SYSTEM OVER AND ACROSS
32 THE 80 F E CANAL NO. 20) AND APPROXIMATELY
33 T FE SIGNA AS CANAL NO. C-25), AND SUBJECT TO
34 S EASEM O H ON GAS AND OIL COMPANY.
35
36 PTING TH FRO THE EAST 40 FEET THEREOF AND ALSO
37 EX ING THER OM:
38
39 A TRAC PAR OF LAND LYING IN SECTION 34, TOWNSHIP 34 SOUTH,
40 RANGE 3 T . LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY
41 DESCRIBED LLOWS:
42
43 FOR A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF
44 SECTION 34; THENCE RUN WEST ALONG THE SOUTH LINE OF SAID SECTION A
45 DISTANCE OF 1325.70 FEET TO A POINT BEING THE SOUTHEAST CORNER OF
46 THE SOUTHWEST QUARTER (SW Ya) OF THE SOUTHEAST QUARTER (SE Ya) OF
47 SAID SECTION; THENCE NORTH A DISTANCE OF 2,364.55 FEET TO A POINT ON
48 THE SAID EAST QUARTER (SE Ya) LINE OF SAID SECTION; THENCE WEST AT
49 AN ANGLE OF 89 DEGREES 58 MINUTES 20 SECONDS TO THE LEFT FROM
50 SAID EAST QUARTER (E ~/a) LINE A DISTANCE OF 663.01 FEET TO A POINT OF
51 AN ORANGE PLASTIC HUB STAMPED F7-C-1L DRIVEN FLUSH WITH THE
File No.: PTV 820094001 Draft Res 10-028 P&Z 02.18.10.docx
2/5/2010 Page 4
1 GROUND AND TACKED, SAID POINT BEING THE POINT OF BEGINNING. FROM
2 SAID POINT OF BEGINNING; THENCE RUN NORTH 89 DEGREES 06 MINUTES 26
3 SECONDS WEST, A DISTANCE OF 208.69 FEET TO A POINT OF AN ORANGE
4 PLASTIC HUB STAMPED F7-C-1 M DRIVEN FLUSH WITH THE GROUND AND
5 TACKED, THENCE NORTH 01 DEGREE 46 MINUTES 42 SECONDS EAST, A
6 DISTANCE OF 208.72 FEET TO A POINT OF AN ORANGE PLASTIC HUB
7 STAMPED F7-C-1N DRIVEN FLUSH WITH THE GROUND AND TACKED, SAID
8 POINT ALSO BEING THE INTERSECT WITH THE SOUTH RIGHT-OF-WAY LINE OF
9 CANAL NO. 20; THENCE SOUTH 89 DEGREES 05 MINUTES 50 SECONDS EAST
10 ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE 206.89 FEET TO A
11 CONCRETE MONUMENT MARKED RNV L 205.2-FC NCE SOUTH 01
12 DEGREE 16 MINUTES 59 SECONDS WEST A DISTAN F 208.64 FEET TO THE
13 POINT OF BEGINNING. SAID PARCEL DESI AS TRACT 102 OF
14 EASTERN TEST RANGE RECONFIGURATION.
15
16 AND SUBJECT TO AN EASEMENT OVER A OSS THA CEL OF LAND
17 DESCRIBED HEREIN, MORE PARTICULA DESCRIBED AS:
18
19 A TRACT OR PARCEL OF LAND LYI G 1 CTIO 4, TOWNSHI 4 SOUTH,
20 RANGE 39 EAST, ST. LUCIE COUNTY, FLO IN MORE PA TICULARLY
21 DESCRIBED AS FOLLOWS:
22
23 FOR A POINT OF REFERENC ENCE AT T U HEAST CORNER OF
24 SECTION 34; THENCE RUN WE HE SOUT OF SAID SECTION A
25 DISTANCE OF 1325.70 FEET TO OI THE UTHEAST CORNER OF
26 THE SOUTHWEST QUARTER (SW O AST QUARTER (SE '/a) OF
27 SAID SECTION; NORTH A ANCE O ,364.55 FEET TO A POINT ON
28 THE SAID EA (E'/a) LIN F SAID CTION; THENCE WEST AT AN
29 ANGLE OF GRE 8 MINUTE 0 SECONDS TO THE LEFT FROM SAID
30 EAST QUA T Ya) E A DISTAN F 663.01 FEET TO A POINT OF AN
31 ORANGE PLAS D F7- DRIVEN FLUSH WITH THE GROUND
32 AND ' TH N REE 16 MINUTES 59 SECONDS EAST A
33 DI 8.64 T TO A CRETE MONUMENT MARKED RNV L205.2-
34 , WHIC TH UTH RIGHT-OF-WAY OF CANAL NO. 20, SAID
35 NUMENT B TH T OF BEGINNING. FROM THE POINT OF
36 NING RUN CE TH 89 DEGREES 05 MINUTES 50 SECONDS EAST
37 AL THE SOUT IGH -OF-WAY OF SAID CANAL NO. 20 A DISTANCE OF
38 620 MORE O ESS, TO A POINT ON THE WESTERN RIGHT-OF-WAY OF
39 JOHNS OAD~ HENCE SOUTHERLY ALONG THE WESTERN RIGHT-OF-
40 WAY OF NSTON ROAD, A DISTANCE OF 50.0 FEET TO A POINT;
41 THENCE NO 89 DEGREES 05 MINUTES 50 SECONDS WEST A DISTANCE
42 OF 620 FEET ORE OR LESS, TO A POINT ON A LINE WHICH BEARS SOUTH 01
43 DEGREE 16 MINUTES 59 SECONDS WEST FROM THE POINT OF BEGINNING;
44 THENCE NORTH 01 DEGREE 16 MINUTES 59 SECONDS EAST A DISTANCE OF
45 50.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SAID EASEMENT IS
46 DESIGNATED AS TRACT 102E OF THE EASTERN TEST RANGE
47 RECONFIGURATION.
48
49 (Located on the northwest corner of Johnston Road and SFWMD Canal No. 25)
50
51 C. A copy of this Resolution shall be attached to the site plan drawings described in Part
File No.: PTV 820094001 Draft Res 10-028 P&Z 02.18.10.docx
2/5/2010 Page 5
1 A, which plan shall be placed on file with the St. Lucie County Growth Management
2 Director.
3
4 D. A copy of this Resolution shall be mailed, return receipt requested, to the developer
5 and agent of record as identified on the site plan applications.
6
7 E. This Resolution shall be recorded in the Public Records of St. Lucie County.
8
9 After motion and second, the vote on this resolution was as follows:
10
11
12 Charles Grande, Chairman XXX
13
14 Doug Coward, Vice-Chairman XXX
15
16 Chris Craft, Commissioner X
17
18 Chris Dzadovsky, Commissioner
19
20 Paula A. Lewis, Commissioner X
21
22
23 PASSED AND DULY ADOPTED this ,
24
25
26 A COMMISSIONERS
27 ST. LU COUNTY, FLORIDA
28
29
30
31 BY
32 Chairman
33
34
35 AT APPROVED AS TO FORM
36 AND CORRECTNESS
37
38
39
40 Deputy Cler County Attorney
41
42
File No.: PTV 820094001 Draft Res 10-028 P&Z 02.18.10.docx
2/5/2010 Page 6
1 Exhibit A
2 Map
3
PTV-82Q094001 zo~~'~
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ST. LUCIE COUNTY
GROWTH MANAGEMENT
~ 2300 Virginia Avcnue, Ft. Pierce, FL 34982
- Office: 772-462-2822 - Fau: 772-462-I 581
- www stlucieco.$ovlgrowit~
DEVEtOPMENT APPLICATION
Prior to submittal, a!I applications require a pre-appi+cation conference.
Please contact the G~owth Management Department to schedule an appointment.
Submittal Tvoe fcheck each that aaoliesl
Sit_ Va~iance ~
? Major Site Plan ? Administrative Variance
o Minor Site Plan O Variance
p Major Adjustment to Major Site Plan o Variance to Flood Damage Prevention
o Major Adjustment to Minor Site Plan ? Variance to Coastal Setbadc Line
o Major Adjustment to PUD/PNRD/PMUD Rez_
? Minor AdjusUnent to Major Site Plan ? Rezornng (straight rezoning)
? Minor Adjustment to Minor Site Pian 0 Rezoning (includes PUDIPNRDlPMUD)
o Minor Adjustment to PUD/PNRD/PMUD O Rezoning with Pian Amendment
Plannsd Devel en Com rehensive Plan Amendment `
~d Planned Town or Village (PT'V) o~uture Land Use Map Change
o Planned Country Subdivision (PCS) ~ Comprehensive Plan Text Amendment
? Planned Retail Workplace (PR1M Other
p Prelim. Planned Unit Deveiop. (PUD) ? Administrative Relief
D Prelim. Planned Mixed Use Develop. (PMUD) ? Class A Mobile Home s
? Prelim. Planned Non-Res. Develop. (PNRD) ? Developer Agreement (s~bm~t per ~~c 1~.oe.a3)
? Fina~Planned Unit Develop. (PUD) ? Power Generation Plants
o Finat Planned Mixed Use Develop. (PMUD) o Extension ta Development Order
? Final Planned Non-Res. Develop. (PNRD) o Historical Designation/Change s
Conditlonat Uae' ? Land Development Code Text Amendment'
o Conditional Use o Plat
o Major Adjustment to a Conditional Use ? Post Development OrdereChange
? Minor Adjustment to a Conditional Use ~ R~Submittal ~
D Stewardships - Sending/Receiving
D Telecom Tower (Subm+t per LDC 7.10.23)
O Transfer of Development Rights
D Waiver io LDCIComp_ Plan Requirements 9
ApplicatiOn Supnlement PaCkdQeS
1. Conditional Use 4. Comp. Plan Amendments 7. LDC Text Amendment
2. Variance 5. Class A Mobile Home 6. Re- Submittal
3. Rezoning 1 Zoning Atlas Amend. 6. Historical DesignatiQn/Change 9' Requ rem nts ~Comp. Plan
Refer to Fee Schedule for applicable fees.
All requlred materials musi be included at the time of submfttal along wlth the appropriste non-
refundable fee(s).
r 4l~S ~ ZQ~~
Page 1 of 6
Revised Juy 14, 2009
FEE CALCULATION WORKSHEET
StTE DEVELOPMENT PLANS - GROIKTH MANAGEMENT
Application Type: P T V
Supplemental Appfication Package No.:
(Please provide separate fee calculation worksheet for each application type)
? BASE REVIEW FEE: $s D ~q~
~ CONCURRENCY FEE: $ ~-D D ~B~
p ERD REVIEW FEE: $ `S~~ (C)
p PER ACREAGE CHARGE $ 2/ 1S ~p~
? RESUBMITTAL FEE: (if applicable) $ ~E~
~ OTHER ~S ~~t-~t?La~~ ~ STAF~F $ g D L~
SUBTOTAL OF BASIC FEES: $
~ PRE-APPLICATION MEETING FEE: (F) z 5 0•oq deduction
Receipt No. of Payment:
Date of Pre App: f eg,~_z.ooq
BALANCE OF FEES DUE: / $ 1~
SEPARATE CHECK FOR TRAFFIC IMPACT STUDY - Ordinance No. 06-047; amending.Chapter
5.11.01 of the St. Lucie County Land Development Code
? $950.00 - Methodology Meeting (G} (if Applicable)
• Additional fees will be due if a 3'~ party traffic study review is needed. These services wiil be
invoiced to applicant upon receipt of quote of services from 3`~ party.
• Pl~as~ note: For all projects requiring public notice, you will be invoiced by St. Lucie County I
Growth Management. Refer to "Publ:c Procedures".
• Other fees may be applicable by other e~cternal reviewing agencies; ie. Fire District and proof of ~
payment will be required prior to project approval. Pre-Application Meeting Request
! , '
~ A 1~ o N Tr~. r~ S ~
Applicant Name (Printed) Signature of applicant j
~(~l ~a. Iwow~v ~ 7 0
INTAICE REVIEWER - SIGNATURE DATE
~ 301
VE IF D BY - SIGNATURE DAT
Fik Number: _ PTV- $Z~~1y001 Receipt Number. `"t
(For o~ce use only)
Page 2 of 6
Revised July '14, 2009
AUG 4'7 Z~Q9
Proiect tnformation
Project Name: V i L ~ h~ E or S u ti S~ ~ a K E S
Site address: u /A
I Parcel ID Number(s):
j ~ 33Q - 300-0000-000-0
I Legal Description: (Attach additional sheets if neoessary - also must be provided in MS Word format on CD)
' ~ ATT A GN E D)
~ Property location - SectionlfownshipiRange: 3~1 ~
Property size - acres: I 3 4. Square footage:
Future Land Use Designation: M i x E U- u S E (''r ~ G~
; Zoning District: Q~~ ~ T v L 1
! Description of pro}ect:
/A V I L~ A Gr r ~ A S R. E Q ~1 ~ fLED 13 TO W 1J S, d ~ L L A G E S It N,~ LOU NT~`~ s 19
LAND DE~E~-o~~+E'~r i2~~ULAT1oNS,
(Attach additional sheets if necessary)
Type of construction (check all applicable boxes):
~ Commercial Totat Square Footage: Existing ~ Proposed: Z o 00 ~
D Industrial Tota} Square Footage: Existing Proposed:
~ Residential No. of residential units: E~sting o Proposed: ? 1~
No. of subdivided lots: Existing o Proposed: ~
? Other Please specify:
Number and size of out parcels (if applicable): N,L a
Page 4 of 6
Revised July 14, 2009
SPECIAL NOTICE
(PLEASE READ BEFORE SIGNiNG ACKNOWLEDGMENTS BELOW}
Submission of this application does not constitute the granting of approvai. All app~opriate
requirements must be met prior to this project being presented f~or approvai to the appropriate
authority. St. Lucie County reserves the right to request additional information to ensure a complete
~eview of this project.
ACKNOWLEDGMENTS
AooNcant I~formadon (Prouertv Develo~erl: A~ent Information:
~
Name: S~NSE"1' (.AK ~S o~ ~.~.u `rE L~G Name: TRI AS ~~+D A SSOG 1 A'~~ S
Address: I~ o E• A~ N BE4c. ' Address: 3~ 5 o RA Nv E 1~ ~ E N ~ E
~LVO. 6~~rE 504 , N?~c.u?sa,~iti ge~ F1. Fo P`T P~r-~.c.~l. .P[. 3sJ4~~ ~
Phone: L95_k~ '7 2 7~ 3 0 1~ 33oO~ Phone: ~ 772) ~ 6 p-!? 79
Fax: '7~ 3o I Fax:
~ Email: R M T ~1~ - pE~f Lo P n E~lTS . Lo Email: ~h M o N~~ Ma ~?'f'IL( ~s . c.o r1
' Please indicate one individual to receive all offlcial comespondence on this pro'ect.
Name: ??M o N Th 1^ S Phone: .t 6 0- ~ ~ 7~ ~
i
' Address: 3~ 5 o r~ o?NG ~ A- ~E N u Alternate Phone: ~77 q71 - S d~ 8
1`ua-T pIERt-E~~L 3~q~o EmailAddress:R~?~o~a~~4.MoK~t.r~S,~M
; (Please use an address thet cdn accept ovem~ght pa )
Property Owner Information
This application and any appiication supplement will not be considered complete without the
notarized signature of all oroaertv ownera of record, which shall serve as an adcnowledgment of
the subm+ttal of this ap lication for approval. The property owner's signature below shail also serve
as autho~ation bove plicant or agent to act on behalf of said properiy owner.
~~/n/.fE7` L~-,~E1' ~ F ST- LvCi E, LC C
pe er ~na ~ ~
Mailing cfd ss: 1 Zf0 y~~1~~ Phone: ~g~`/~ 7 Z 3019
(~4G'If~LV~ 1f more than one owner, please submit edditional pages
~il~~{ ~~~~?A9~ BE~-~~ ~L 33UDq
STATE OF f=~o~.~a . COUNTY OF ~/p'r~
The foregoing instrument was acknowledged befor e this ~ f~ day of S , 2p~
~or R¢a aeveLo~E~x~ ~
by _~icar~o l~'luix~~-7eb~rar s~qna~r,,~ who is personalf;i known"to rr~e or who produced
as identif+cation.
aCce ~ Ma{t1~ lsae-~. ~ioc
ne ure o o ry ype or ame o o ry
~~i~~~ Commission Number (Seal)
Page 5 of 6 . ~
IIN
Revised July 14, 2009 C~¦1~i~t00Ml~
fa~11 Nreir MabyA~?
1
;
S~ppleme~nt 3
RezoninQ/Amendment to the Official Zonina Atlas Acplication Su~uleme.nt
Refer to St Lucie County Land Development Code (LDC) Section 11.06.00 for details
Current Zoning: P` G` ~ Current Future Land Use: M X U 5~
Proposed Zoning: i' T V Acreage of the area to be rezoned: I 3 .
1. 1f you are requesting an amendment to the Official Zoning Atlas of St. Lucie County,
state whether the proposed amendment is in conflict with any portions of the LDC.
N o c,o F ~~~.-~'s
2. Please give a statement describing any changed conditions that would justify a :
rezoning: ~
Tv~ W~S Dr~~i.oc~E~ ~y Sfi. ~v~lc cA~N~ , ~
3. Please state why there is a need for the proposed rezoning: i
C,o t~1S 1 5~>-' ~`i t,~ +~H ~C~ ~LE GJ C.P `r I o N S , ~
i
I
4. Please state whether and how the proposed rezoning is consistent with the St. Lucie ,
County Comprehensive Plan:
~~O~ EL 1 1 S C.OI~l S ~ 5'~t`~T ~ T~ ~T V C ~ LE ~ EvT
~
I
5. Please give a statement outlining the extent to which the proposed amendment:
A) Is compatible with existing land uses;
ST
Page 1 of 2 At1 0"j ZQ~9
Revised June 19, 2008 f~G
Supplement 3
B) Affects the capacities of public facilities, including but not limited to transportation,
sewage, water suppty, parlcs, drainage, schools, soiid waste, mass transit, and
~
emergency medicai service;
, "r~ER,~ 15 Ex~sTiNG ~~PR~~~
C) Affects the natural environment; (If no adverse impacts expected, please state why.)
?~o ~UU~SE 1?-~P~C'~'S
~
D) Will result in an orderiy and logical development pattem;
~~S
E} Will adversely affect the property vatues in the area; °
?`10
6. Please explain the applicanYs interest in the subject property;
~`uT~~f 9EV~ ~on ME?~'T
7. Please include such other information or documentation that may be deemed necessary
or appropriate to a full and proper consideration and disposition of this particular
application.
A P~o PoSc`1~ U1~~ACflE Q~oJt~T' 1S ~n1~.t~o~~D
Please Note: This Rezoning Application Suppfement wi11 not be considered complete
without the Development Appiication, complete with notarized signatures of all land
owners, giving their consent to the filing of this application and supplement.
/ ~
A~ N1 o i.r. v~ t f~ S
Applicant Agent Name (Printed) Signature
Page 2 of 2
Revised: June 19, 2008
3.Ui.UU. GUN1Nli lll~ 1K11:1 U5~ KbCiULA11UNJ rage i oi L
3.01.03. Zoning Districts.
A. AG-1 AGRICULTURAL - 1.
1. Purpose. The purpose of this district is to provide and protect an environment
suitable for productive commercial agriculture, together with such other uses as may be
necessary to and compatible with productive agricultural surroundings. Residential
densities are restncted to a maximum of one (1) dwelling unit per gross acre. The
number in following each identified use corresponds to the SIC code reference
described in Section 3.01.02(B). The number 999 applies to a use not defined under the
SIC code but may be further defined in Section 2.00.00 of this Code.
2. Permitted Uses.
a. Agricultural production - crops. (01)
b. Agricultural production - livestock and animal specialties. (02)
c. Agricuttural services. (07)
d. Family day care homes. (999)
e. Family residential homes provided that such homes shall not be located
within a radius of one thousand (1,000) feet of another existing such family
residential home and provided that the sponsoring agency or Department of
Health and Rehabilitative Services (HRS) notifies the Board of County
Commissioners at the time of home occupancy that the home is licensed by
HRS. (999)
f. Fishing, hunting and trapping. (09)
g. Forestry. (08)
h. Kennels. (0752)
i. Research Facilities, Non-commercial. (8733)
j. Riding stables. (7999)
k. Single-family detached dwellings. (999)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 1 in
Section 7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance with
Table 1 in Section 7.04.00.
5. Off-Street Parking and Loading Requirements. Off-street parking and loading
requirements are subject to Section 7.06.00.
6. Landscaping Requirements. Landscaping requirements are subject to Section
7.09.00.
7. Conditional Uses.
a. Agricultural labor housing. (999)
b. Aircraft storage and equipment maintenance. (4581)
c. Airports and flying, landing, and takeoff fields. (4581)
d. Family residential homes located within a radius of one thousand (1,000) feet
of another such family residential home. (999)
http://library8.municode.com/default-now/DocView/ 14641 / 1/ 17/ 19 11 /4/2009
j.U1.UU. GUN1Nli ll1,1K1C;1 UJ~ K~l7ULA11VIVJ ra~e ~ oi L
e. Farm products warehousing and storage. (4221/4222)
f. Gasoline service stations. (5541)
g. Industrial wastewater disposal. (999)
h. Manufacturing:
{1) Agricultural chemicals. (287)
(2) Food and kindred products. (20)
(3) Lumber and wood products, except furniture. (24)
i. Mining and quarrying of nonmetallic minerals, except fuels. (14)
j. Retail trade:
(1) Farm equipment and related accessories. (999)
(2) Apparel and accessory stores. (56)
k. Sewage disposat subject to the requirements of Section 7.10.13. (999)
I. Telecommunication Towers - subject to the standards of Section 7.10.23.
(999)
m. Camps - sporting and recreational. (7032}
8. Accessory Uses. Accessory uses are subject to the requirements of Section
8.00.00, and include the following:
a. Mobile homes subject to the requirements of Section 7.10.05.
b. Retail trade and wholesale trade - subordinate to the primary authorized use
or activity.
c. Guest house subject to the requirements of Section 7.10.04. (999)
http://library8.municode.com/default-now/DocView/14641 / 1 /17/ 19 11 /4/2009
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Village of Sunset Lakes, Legal Description
All that part of the following described lands lying East of Florida Interstate 95 right of way:
The Southwest Quarter (SW and the Northwest Quarter (NW '/e) of the Southeast Quarter (SE and the South
Half (S Y~) of the Southwest Quarter (SW of the Southeast Quarter (SE all in section 34, Township 34 South,
Range 39 East, said lands situate, lying and being in St. Lucie County> Florida.
Subject to easements and rights of South Florida Water Management District and Fort Pierce Farms Drainage
District for the maintenance and support of a canal system over and across the north 80 feet (designated as Canal
No. 20) and approximately the South 200 feet (designated as Canal No. C-25), and subject to gas easements to
Houston Gas and Oil Company.
Excepting there from the East 40 feet thereof and also excepting there from:
A tract or parcel of land lying in Section 34, Township 34 South, Range 39 East, St. Lucie County> Florida, being
more particularly described as follows:
For a point of reference commence at the Southeast comer of Section 34; thence run VJest along the South line of
said section a distance of 1325.70 feet to a point N~ a d sotance of 2 64r55 fe
t to a pointto~n the said East4 Quarter
Southeast Quarter (SE '/4) of said section; thence
(SE line of said section; thence West at an angle of 89 degrees 58 minutes 20 seco a
F7-C-1L
driv
n flush with
Quarter (E '/4) line a distance of 663.01 feet to a point of an orange plastic hub stampe
the ground and tacked, said point being the Point of Beginning. From said point of beginning> thence run North 89
degrees 06 minutes 26 seconds West, a distance of 208.69 feet to a point of an orange plastic hub stamped F7-G1M
driven flush with the gound and tacked, thence North O 1 degree 46 minutes 42 se~c~o~nd an~
k ds~d P°~ ~S
2
feet to a point of an orange plasric hub stamped F7-G1N driven flush wit1~ the
being tlie intersect with the South right-of-way 1~ of 206.89 feet t
oa oncret
omonumen~marked~WtL 205 2conds
East along said South right-of-way line a distance Said
FCD; thence South O1 degree ] 6 minutes 59 seconds West a distance of 208.64 feet to the point of beginning•
parcel designated as Tract 102 of Eastern Test Range Reconfiguration.
And Subject to an easement over and across that parcel of land described herein, more particularly described as:
- A tract or parcel of land lying in Secrion 34, Township 34 South, Range 39 East, St. Lucie County, Florida, being
more particularly described as follows:
For a point of reference comtnence at the Southeast corner of Section 34; thence run West along the South line of
said section a distance of 1325.70 feet to a point being the Southeast comer of the Southwest Quarter (SW of the
Southeast Quarter (SE'/4) of said section; thence North a distance of 2,364.55 feet to a point on the said East Quarter
(E'/,) line of said section; thence West at an angle of 89 degrees 58 iminuc hub stampedSF?-~CelL drive~n fl sh w
th
Quarter (E line a distance of 663.01 feet to a point of an orange p
the ground and tacked; thence North O1 degree 16 minutes 59 seconds East a distance of 208.64 feet to a concrete
,tfi monument marked R/W L205.2-FCD, which on the South right-of-way of Canal No. 20, said monument being the
Point of Beginning• From the point of beginning run thence South 89 degrees OS minutes 50 seconds East along the
South right-of-way of said Canal No. 20 a distance of 620 feet, more or less, to a point on the Western right-of-way
of Johnston Road; thence Southerly along the Westem right-of-way of said JO 0 feen moore orless
t o a po'mt~on at to
a point; thence North 89 degrees OS minutes 50 seconds West a distance of 62 ~ ~ence North O1 degree
line whicb bears South O1 degree ] 6 minutes 59 seconds VJest from the Point of Beginning; Said easement is
16 minutes 59 seconds East a distance of SOA feet, more or less, to the Point of Beginning.
designated as Tract 102E of the Eastern Test Range Reconfiguration.
~ -
~1? ~
_ - ITEM NO. VII-B
~ ~ r ~ - ~ DATE: 05/18/10
~ ~
~ . . ~ " AGENDA REQUEST REGULAR ( )
- ~ PUBLIC HEARING ( X )
LEG. ( )
QUASI-JD ( )
CONSENT ( )
v
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Marie M. Gouin ~~li
SUBMITTED BY: Office of Management & Budget/Purchasing Director
SUBJECT: Amendment to the fiscal year 2009-2010 budget
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: September 22, 2009 - The Board held a Public Hearing and adopted the FY 2009-
2010 budget.
March 23, 2010 - The Board authorized advertising a public hearing on this matter.
RECOMMENDATION: Board approval of Budget Resolution 10-116 amending the fiscal year 2009-2010
budget.
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
~ OTHER ~ ~
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Siqnatures
/
County Attomey ( X) Budget Manager ( X)
. Dan Mclntyre ` ~ Jennifer Hill
Originating Dept. ( ) ERD ( )
(Name) (Name)
~
Office of Management
~ ; ~ Y & Budget/Purchasing
~
. . -
MEMORANDUM
TO: Board of County Commissioners
FROM: Marie M. Gouin, Director
DATE: May 18, 2010
SUBJECT: Amendment to the fiscal year 2009-2010 budget
ITEM NO. VII-B
Backqround:
The audit of the Board of County Commissioners' Financial Statements has been completed and staff
has calculated the actual beginning balances of the numerous funds. Additionally, staff has found the
need to revise certain revenue estimates and to establish transfers for various purposes. In keeping
with good financial practices, staff proposes amending the fiscal year 2009-2010 budget to reflect the
actual beginning cash balances, the revised revenue estimates and establishing transfers between
funds, as seen on attachment A.
The following transfers between funds are included in this amendment:
•$20 from the Driftwood Manor Interest & Sinking Fund (234) to the Transportation Trust Interlocal
Fund (101001) to move the residual balance in order to close fund 234. The debt has been paid
off. The balance in this account is related to interest revenue posted to this fund;
•$175,288 from the Tourist Development Trust Fund (610) to the Sports Complex Fund (461). The
tourist development tax is required to be deposited into a trust fund. The money is then moved to
the Sports Complex Fund to fund operations at Tradition Field. More revenue was received in
fiscal year 2009 than anticipated. If all other revenues come in as budgeted, the subsidy from the
General Fund may be reduced;
•$292,583 from the General Fund (001) to the County Capital Fund (316) for Cyprus
Creek/Bluefield Ranch;
•$708 from the South County Regional Stadium Debt Fund (201) to the South County Regional
Stadium Fund (301). The debt has been paid off and fund 201 will be closed; and
•$264,300 from the Port Development Capital Fund (342) to the Port Interest & Sinking Fund (242).
This money is the residual balance plus interest from bonds that were issued in 1997 and is
restricted to acquisition of land at the port. This balance is being used to reduce the debt on the
bonds.
The following revised revenue estimates are included in this amendment:
• General Fund (001) -
o Move $91,483 generated from Cardroom Gaming revenue from the Research &
Education Park capital budget to their operating budget.
.
o Recognizing $27,000 in revenue that Lincoln Park Community Center is receiving
from a Community Services' Block Grant
o$911,424 adjustment to General & Administrative Fees for the Transportation Trust
Fund. Part of this fee was previously related to the central garage. The
Transportation Trust Fund is paying these expenses directly. This adjustment is
offset by moving electric franchise fees into the General Fund.
• Transportation Trust/Impact Fees (101006) - Recognizing $1,180,542 in revenue related to
forfeiture of a surety bond for Queen's Island.
• Library Special Grants Fund (105) - Recognizing reductions of $45,636 from State Aide to
Libraries funding so that the budget matches the State allocation; and
• Fine & ForFeiture Fund (107) - Recognizing funding from an agreement with United for Families
that increased funding generated by the Drug Lab by $13,940.
The following funding is being rolled over in this amendment:
• $14,196 in Environmental Resources projects from FY 2009.
Recommendation:
Board approval of Budget Resolution 10-116 amending the fiscal year 2009-2010 budget.
!
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RESOLUTION NO. 10-116
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget
for St. Lucie County, staff calculated the actual fund balance for each fund as of September 30, 2009,
revised certain revenue estimates, and determined the need to establish transfers between funds, and
WHEREAS, the adopted budget reflects the estimated amounts rather than the actual fund balance
forward amounts, and
WHEREAS, it is accepted financial practice to amend the adopted budget to reflect the actual fund
balance forward amounts, and, where necessary, revise revenue estimates or establish transfers and,
WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 18th day of May, 2010, pursuant to Section 129.06 (d), Florida
Statutes, that such funds in the form of actual beginning fund balances are hereby appropriated for the
fiscal year 2009-2010, and the County's budget is hereby amended as reflected in attachment "A", which
is incorporated as part of this resolution.
After motion and second the vote on this resolution was as follows:
Commissioner Charles Grande, Chair XXX
Commissioner poug Coward, Vice Chair XXX
Commissioner Chris Craft XXX
Commissioner Chris Dzadovsky XXX
Commissioner Paula Lewis XXX
PASSED AND DULY ADOPTED THIS 18th DAY OF MAY, 2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO CORRECTNESS
AND FORM:
,
i~'
AGENDA REQUEST ITEM NO. Vlil
DATE: May 18, 2010
~
~r ~
~ REGULAR [ x ]
. .
~ - ~ i~~'~'~~ PUBLIC HEARING I ]
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith
Assistant County Attorney
SUBJECT: Monroe County v. Priceline Class Action Lawsuit
BACKGROUND: See attached memorandum CA 10-0595.
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION
CONCLUSION: Staff recommends that the Board of County Commissioners grant
approval for the County to remain in the class.
COMMISSION ACTION: CONCURRENCE:
~j APPROVED [ ) DENIED _
[ ] OTHER: ~
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Review and Approvals
[X] County Attorney:
Daniel 5. Mclntyre
~
INTER-OFFICE MEMORANDUM
COUNTY ATTORNEY'S OFFICE
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Katherine Mackenzie-Smith, Assistant County Attorney
C.A. NO: 10-0595
DATE: May 18, 2010
SUBJECT: Monroe County v. Priceline
BACKGROUND:
On or about May 28, 2009, Monroe County filed an Amended Class Action Complaint in Federal
Court. The complaint alleges that Priceline.com, Inc., Travelweb LLC, Travelocity.com, Expedia, Site 59.com,
Hotels.com, Hotwire, Inc., Trip Network, Inc. and Orbitz have failed to pay their full amount of the Tourism
Development Tax to Monroe County and all other counties in the State of Florida who have enacted a
tourist development tax.
On March 15, 2010, the Court entered an Order granting class certification as "all counties within
the State of Florida that have enacted a tourist development tax under authority of §125.0104, F.S." St.
lucie County has enacted a tourist development tax. The County is now part of the class and will remain
as part of the class unless the County affirmatively acts to opt out of the class. The County would have until
May 24, 2010 to opt out.
The Court appointed the team representing Monroe County to represent the class (see attached
summary of the action from the class' attorney.)
The attorney's have agreed to a contingency fee. The percentage was 33% of the client's gross
recovery unless there was an appeal, then the percentage is 38~Yo. The Court will have to approve the fee
and could decrease the percentage upon objection. The County is not responsible for fees if there is an
unfavorable result.
On May 12, 2010, staff brought the issue to the Tourist Development Council and the Council
unanimously approved remaining in the lawsuit.
RECOMMENDATION/CONCLUSION:
Staff recommendsthat the Board of County Commissioners grant approval forthe Countyto remain
in the class.
Respectfully submitted,
/
KMS/cb Katherine Mackenzie-Smith
Encl. Assistant County Attorney
H:~Agenda M emo-KM S-M onrces uit. wpd
Y
Monroe County, etc v. Priceline.com, Inc. et al, Case No: 09-10004-CIV-MOORE
United States District Court For The Southern District OfFlorida
I. Nature of the Action
The above-referenced lawsuit is a class action brought by Monroe County, on behalf of all
other counties who have enacted a Tourist Development Tax under the authority of Florida
Statutes Section 125.0104. In the lawsuit, Monroe County alleges that Priceline.com, Inc.,
Travelweb L.L.C., Travelocity.com, L.P., Site59.com L.L.C., Expedia, Inc., Hotels.com L.P.,
Hotwire Inc., Trip Network Inc. (d/b/a Cheaptickets.com) and Orbitz L.L.C. (collectively
"Defendants") have failed to pay the full amount of the tourist development ta}ces (the "Taxes")
due to Monroe County and the other class member counties. Monroe County asserts, on behalf of
itself and the class, that the Defendants charge customers (and remit to the hotels) a"t~
recovery charge" which is sufficient only to cover the tax on the wholesale rate, rather than on
the full retail rate that the customers are actually charged by the Defendants for hotel rooms
located within the counties that are members of the class. Monroe County seeks to recover
unpaid Tourist Development Taxes, as well as interest and penalties, on behalf of itself and on
behalf of each class member county.
II. Status Of The Action
The lawsuit was initially filed in January of 2009. Since the filing of the action, the plaintiff
has obtained some very favorable rulings from the Court. The first was a comprehensive order
denying in substantial partl the Defendants' Motion To Dismiss, in which the Court rejected a
number of arguments advanced by Defendants that Monroe County had failed to state viable
claims to recover the unpaid Tourist Development Taxes. The second was the Court's order
certifying this case as a class action, in which the Court found, inter alia, that neither Monroe
County nor members of the class were required to exhaust their administrative remedies (i.e.,
make prior demand upon the Defendants and go through cumbersome audit and assessment
procedures) before suing to collect the unpaid t~es. The Court has also issued a number of
favorable orders overruling Defendants' objections to numerous categories of discovery, and
compelling Defendants to provide that discovery.
To date, Defendants have produced thousands and thousands of documents in discovery, and
many depositions have been taken. Many additional fact and expert depositions are currently
scheduled to be completed before the current discovery cut-off of June 10, 2010.
` The Court refused to dismiss Monroe County's claims for unpaid taxes under the relevant TDT ordinances, and
further refused to dismiss Monroe County's claims for conversion and unjust enrichment. The only claim that the
Court did not allow to go forward was Monroe County's claim for a permanent injuncrion.
~
Counsel for the class has also retained a very capable expert to review, analyze and digest the
extensive transactional data obtained in discovery from Defendants for purposes of calculating
taxes, interest and penalties due on Defendants' hotel transactions in the State of Florida. To
date, that expert has prepared a preliminary report, which is subject to additional revision and
supplementation as discovery in this action progresses.
The deadline for class members to opt out of the case is May 24, 2010. The case is currently
set for trial starting on July 19, 2010.
III. Consequences Of Remaining In The Case (i.e., Not Ovting Out)
If St. Lucie County does nothing (i.e, does not opt out) then it will remain a member of the
class. It will be bound by any judgment, favorable or unfavorable, which is rendered on behalf
of the class. In the event of a favarable judgment, it will be able to share in any recovery. In the
event of an unfavorable judgment, it will be precluded from bringing the same or similar claims
on its own behalf. In the event of a settlement of the Lawsuit, it will be able to share in the
settlement proceeds and be bound by the terms of the settlement. Any settlement of the action
will be subject to Court approval.
In the event of an unfavarable outcome, St. Lucie County will have no obligation for fees and
costs that may be assessed by the Court - all such fees and costs, if any, will be borne by the
named class representative, Monroe County. In the event of a favorable decision, whether by
judgment or settlement, any monetary award to St. Lucie County may be reduced, on a
proportional basis, by any attorneys' fees and costs awarded to class counsel. Any award of fees
and costs to class counsel shall be subject to an application for such fees and costs, which will
require Court approval, and upon which any class member may be heard.
IV. Consequences Of Optin~ Out Of The Class
If St. Lucie County were to opt out of the class, it will not be entitled to receive any money
recovered by the class, and will not be bound by any settlement or favorable or unfavorable
judgment in the Lawsuit with respect to damages. If St. Lucie County opts out, it may elect to
pursue its own case, on an individual basis, but such an election would presumably require St.
Lucie County to consider whether it would be cost effective to do so. We believe, based on what
is admittedly a very preliminary analysis of St. Lucie's recoverable damages in this case, that it
would make little economic sense for St. Lucie to pursue an individual claim for the unpaid
taxes. That is because the Defendants have employed an extremely aggressive defense strategy in
these cases, making the cases extremely extensive to litigate, such that the amount of attorneys'
fees compared to the amount of recoverable damages could make the case economically
irrational to pursue on an individual basis. Consequently, we believe it would be difficult to
convince a competent law firm with experience in this type of litigation to take St. Lucie's
individual case on a contingency. And the same concerns would presumably counsel against St.
Lucie employing attorneys to litigate the case on an hourly basis.
V. Counsel For The Class
Monroe County and the class are currently represented by four law firms that have
substantial experience litigating complex commercial cases, including similar tax collection
cases on behalf of other taxing authorities: (1) Stearns Weaver Miller Weissler Alhadeff &
Sitterson, P.A.; (2) Aronovitz Law; (3) Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C.;
and (4) Freed & Weiss.
#296475 vl
~
AGENDA REQUEST ITEM NO. IX
~ ~ - DATE: 05/18/10
~
, • , . REGULAR ( X )
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Daniei J. Lutzke~/~
SUBMITTED BY: Human Resources/Risk Management Risk Manager
SUBJECT: Prison Health Services Inmate Health Care Invoice, FY 2010 Second Quarter.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval of
budget amendment No. BA10-020).
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval for payment of Prison Health Services invoice number
PHS0007514 for the Second Quarter of FY 2010, in the amount of
$1,133,949.92 and budget amendment No. BA10-020 transferring $700,000
from the Reserve Fund to the Inmate Medical Fund.
COMMISSION ACTION: CONCURRENCE:
~ APPROVED ( ) DENIED
( ) OTHER
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Siqnatures
County Attomey ( X) " OMB Director ( X)
Budget Analyst ~ l
. (Daniel S. Mclntyre) (Marie Gouin)
~
Originating Dept. ( X ) ERD ( )
(Daniel' . utz ) (Name)
~1 - ~ - ~
, Human Resources/Risk Management
. .
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Carl Holeva, Human Resources Director
A
FROM: Daniel J. Lutzke, Risk Manager ~i~
DATE: May 18, 2010
SUBJECT: Prison Health Services Inmate Health Care Invoice, FY 2010 Second Quarter.
ITEM NO. IX
Backqround:
Prison Health Services (PHS) acts as a third party administrator for prisoner health care and
manages and pays for medical care expenses for incarcerated jail inmates that are provided off-site
(outside the Jail). PHS is then reimbursed by the County in accordance with Florida Statutes that
make the County responsible for payment of inmate medical services, including psychotropic drugs,
whenever the inmate has no viable method of paying for medical services.
The Board has previously approved FY 2010 inmate medical services payments of $1,451,955.09.
This second quarter invoice of $1,133,949.92 brings the inmate medical services costs to
$2,585,905.01. The Board has established a budget of $1,850,000 and an additional contingency
reserve of $250,000 or a total of $2,100,000 for Inmate Medical Services. Inmate health care costs
have greatly increased over prior years resulting in a shortage in the funds budgeted. The attached
budget amendment transferring $700,000 from reserves is projected to provide sufficient funds to pay
this shortage and to pay the monthly HIV medication invoices through September.
An additional fund transfer will be required to pay third and fourth quarter costs. That will be
submitted after we are able to project FY costs with reasonable accuracy. While inmate hospital
utilization has shown a decreasing trend since March, it is too early to project total FY Inmate costs.
Alliance Medical Management, the Sheriff's Office medical consultant, has reviewed PHS Invoice No.
- PHS0007139 and supporting documentation and certified them to be correct as presented.
Attachments
Budget Amendment No. BA10-020 transferring $700,000 from Reserve fund 001-9910-599300-800
to Inmate Medical fund 001-2300-531300-200.
Prison Health Services Invoice number PHS0007514 in the amount of $1,133,949.92.
Alliance Medical Management certification of accuracy of Invoice No. PHS0007514.
Recommendation
Board approval for payment of Prison Health Services invoice number PHS0007514 for the Second
Quarter of FY 2010, in the amount of $1,133,949.92 and budget amendment No. BA10-020
transferring $700,000 from the Reserve Fund to the Inmate Medical Fund.
BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT: Human Resources/Risk Management
PREPARED DATE: 4/27/2010
AGENDA DATE: 5/18/2010
AC~pUNT NUMBER AGCQUl+t7 NAME AI~#Q~lNT ;
TO: 001--2300-531300-200 Inmate Medical $700,000
FROM: 001-9910-599300-800 Reserves $700,000
REASON FOR BUDGET AMENDMENT: For Second Quarter Utilization, March HIV Medications,
Premium for Catastrophic Inmate Medical Care Insurance, and Monthl HIV Medications
thru Se tember 2010.
CONTINGENCY BALANCE: N/A
THIS AMENDMENT: N/A
REMAINING BALANCE: N/A
DEPARTMENT APPROVAL:
OMB APPROVAL:
BUDGET AMENDMENT BA10-020
DOCUMENT # 8~ INPUT BY:
Invoice Number: PHS0007514
Prison Health Services, Inc.
105 Westpark Drive, Suite 200
Brentwood, T'N 37027
1-800-729-0069 ext. 338 ID# 23-2108853
ST LUCIE COLTNTY SHERIFF'S DEPT Apri120, 2010
ATTN: TOBY LONG
4700 WEST MIDWAY ROAD
FORT PIERCE, FL 34981
Customer Number: 1534B
Aggregate CAP
Utilization for 10/1/09-9/30/10 as of Mar10 $1,133,94992
Amount Due: $1,133,949.92
Remit Payment To:
Prison Health Services, Inc.
12464 Collection Center Drive
Chicago, IL 60693
Payment Due Date: May 20, 2010
Account Terms: NET 30 DAYS
* PLEASE DOCUMENT IF INVOICE IS NOT PAID IN FULL
QUARTERLY INVOICE
St. Lucie County, FL
Aggregate Report for Contract Year: October 1, 2009 through September 30, 2010
Utilization and H/V Meds
For the month ended: March 31, 2010
Aggregate Terms per Contract (backup attached):
100% reimbursement a _
Summary of Aggregate Calculation through 03/31/10:
Paid Claims S 1,597,496.35
On-Site Dialysis Treatments S 3,300.00
Pharmacy - Dialysis Medications 5 1,215.01
Pharmacy - Ca~cer Medications E 2,628.7a
Total Paid through 03/31/10: E 1,604,640.10
Less: Previousiy Invoiced E ~470,690.18)
Amaunt Due Tftis Ruarter ; ~i ' 1,i3~,949.~2
Apri127, 2010
Mr. Dan Lutzke, CSP, CDS, ARM, ARM-P
St. Lucie County BOCC - Risk Manager
2300 Virginia Avenue
Ft. Pierce, FL 34982
Dear Mr. Lutzke:
This letter is to infortn you that I have received PHS' invoice #PHS 0007514 dated April
20, 2010. The total for Utilization for 10/O1/09 - 09/30/10 as of March 2010 is
$1,133,949.92. It is the conect invoice amount for the period of 10/Ol/09 to 09/30/10.
Please let me know if I can be of further assistance.
Sincerel
L
hi i lsc er, President ~
Allianc Medical Management
AGENDA REQUEST ITEM NO. X
~ - ^ DATE: 05/18/10
!
, . ~ . - REGULAR ( X )
PUBLIC HEARING ( )
LEG. ( )
QUASI-JD ( )
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:
Daniel J. Lutzke,~
SUBMITTED BY: Human Resources/Risk Management Risk Manager ~
SUBJECT: Prison Health Services Inmate HIV Medications Invoice for March, 2010.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval)
PREVIOUS ACTION: See attached memorandum.
RECOMMENDATION: Board approval for payment of Prison Health Services invoice number
PHS0007504 for HIV medications for the period of March 01, 2010 through
March 31, 2010, in the amount of $21,059.86
COMMISSION ACTION: CONCURRENCE:
APPROVED ( ) DENIED
( ) OTHER ~
Approved 5-0 Faye W. Outlaw, MPA
County Administrator
Coordination/Siqnatures
.
County Attomey ( X) OMB Director ( X) ~
Budget Analyst ! r~ /
. (Daniel S. Mclntyre) (Marie Gouin)
Originating Dept. ( X ) ERD ( )
(Daniel J. ) (Name)
S~= ~ Human Resources/Risk Management
~
. . _
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Carl Holeva, Human Resources Director
FROM: Daniel J. Lutzke, Risk Manager
(~-r
DATE: May 18, 2010 '
SUBJECT: Prison Health Services Inmate HIV Medications Invoice for March, 2010.
ITEM NO. X
Backqround:
Prison Health Services (PHS) acts as a third party administrator for St. Lucie County jail inmate
health care and manages, administers and pays for inmate HIV medications and off-site services
from medical providers. PHS is now requesting reimbursement from the County for March 2010
inmate HIV medication costs in accordance with Florida Statute F.S. 901.35 which states that the
medical services provider shall be reimbursed from the general fund of the County when no other
source of payment is available.
The Board has previously approved FY 2010 inmate medical services payments of $1,430,895.23
Those payments and this invoice result in inmate off-site medical services costs of $1,451,955.09
thru March 2010. The Board has established a budget of $1,850,000 and an additional contingency
reserve of $250,000 or a total of $2,100,000 for Inmate Medical Services.
Attachments
Prison Health Services Invoice number PHS0007504 in the amount of $21,059.86
Certification of invoice number PHS0007504 by Sheriff's Consuttant, Alliance Medical Management.
Recommendation
Board approval for payment of Prison Health Services invoice number PHS0007504 for HIV
medications for the period of March 01, 2010 through March 31, 2010, in the amount of $21,059.86
Invoice Number: PHS0007504
Prison Health Services, Inc.
105 Westpark Drive, Suite 200
Brentwood, TN 37027
1-800-729-0069 ext. 338 ID# 23-2108853
ST LUCIE COLINTY SHERIFF'S DEPT April 19, 2010
ATTN: TOBY LONG
4700 WEST MIDWAY ROAD
FORT PIERCE, FL 34981
Customer Number: 1534B
Aggregate CAP
HIV Meds for the Period of March 1-31,2010 $21,059.86
Amount Due: $21,059.86
Remit Payment Ta
Prison Health Services, Inc.
12464 Collection Center Drive
Chicago, IL 60693
Payment Due Date: May 19, 2010
Account Terms: NET 30 DAYS
PLEASE DOCUMENT IF INVOICE IS N7T PAID IN FULL
April 27, 2010
Mr. Dan J. Lutzke, CSP, CDS, ARM, ARM-P
St. Lucie County BOCC - Risk Manager
2300 Virginia Avenue
Ft. Pierce, FL 34982
Dear Mr. Lutzke:
This letter is to inform you that I have received PHS' invoice #PHS 0007504 dated April
19, 2010 for the amount of $21,059.86. It is the correct invoice amount for HIV Meds for
the period of 03!Ol/10 - 03/31/10.
Please let me know if I can be of further assistance.
Sincere
~
Philip elscher, President
Alliance Medical Management