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HomeMy WebLinkAboutAgenda Packet 10-19-2010H#iiiiiNtsili#IIIt#it#lililiiiii#tiiiliiii#t3#H#[#iii#tiltiiitiifl#(fiiilttliti A, naiiiui#wiwikraiii}I October 19, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 10/18/2010 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed r�for to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. October 19, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org Charles Grande, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the October 12, 2010 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Engaging Youth for Positive Change Presentation - London Reeves, Program Director Infinity Teen Center, Boys & Girls Clubs of St. Lucie County. B. Marine Resources Council — FPL Award for Outstanding Service to the Indian River Lagoon by an elected official for 2010 to Commissioner Charles Grande. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 55 and 3. B. COUNTY ATTORNEY "After the Fact" Revocable License Agreement — Leonard and Marilyn Walinski — 2608 Gray Twig Lane Consider staff recommendation to approve the "After the Fact " Revocable License Agreement, authorize the Chairman to sign the "After the Fact" Revocable License Agreement and direct Mr. & Mrs. Walinski to record the Agreement in the Public Records of St. Lucie County, Florida. Interlocal Agreement with the City of Port St. Lucie — Verada Ditch Outfall Pipe Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. C. SHERIFF'S OFFICE Authorization to accept the Florida Department of Law Enforcement (FDLE) 2011 Edward Byrne Memorial Justice Assistance Grant (2011-JAGC-STLU-1-B2-148). Consider staff recommendation to approve Budget Resolution No. 10-262 and authorize the acceptance of the Florida Department of Law Enforcement (FDLE) Edward Byme Memorial Justice Assistance Grant in the amount of $68,718.00. D. UTILITIES Permission to Advertise Public Hearing Consider staff recommendation to approve to advertise notice to customers for a Public Hearing on November 9, 2010 to amend certain rates, fees and charges for the St. Lucie County South Hutchinson Island District Wastewater Utility. E. MANAGEMENT & BUDGET Resolution No. 10-279, policy related to the County's emergency reserves and fund balance reserves Consider staff recommendation to approve of Resolution No. 10-279, establishing a policy for the County's emergency reserves and fund balance reserves, and authorization for the Chairman to sign documents as approved by the County Attomey. VII. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Future Land Use Map Amendment — PGA Village Consider staff recommendation to approve the PGA Village Small Scale Future Land Use Map Amendment (Ordinance No. 10-035). B. PLANNING & DEVELOPMENT SERVICES Right -of -Way Protection Map Consider staff recommendation to review a text amendment to the Land Development Code to include the Right -of -Way Protection Map in Section 7.05.03 (Ordinance No. 10-036) and authorization to schedule the second public hearing. C. PLANNING & DEVELOPMENT SERVICES Ordinance No. 10-020 Evaluation and Appraisal Report -Based Amendments to the Comprehensive Plan Consider staff recommendation to approve the Evaluation and Appraisal Report -Based Amendments to the Comprehensive Plan (Ordinance No. 10-020). D. PLANNING & DEVELOPMENT SERVICES Ordinance No.10-034 — Solar Energy Ordinance Consider staff recommendation to review the Solar Energy Ordinance and approve to schedule the second required public hearing for November 9, 2010 at 6:00 p.m. or as soon thereafter as possible. VIII. ANNOUNCEMENTS The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, October 26, 2010 at 1:30 p.m. in Conference Room #3. The November 2, 2010 Board of County Commissioners meeting has been canceled. The November 9, 2010 Board of County Commissioners meeting will begin at 6:00 p.m. County offices will be closed on Thursday, November 11, 2010 to observe Veteran's Day. 5. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 16, 2010 at 9:00 a.m. in the County Commission Chamber. 6. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, November 23, 2010 at 1:30 p.m. in Conference Room #3. 7. County offices will be closed on Thursday, November 25, 2010 and Friday, November 26, 2010 to observe Thanksgiving. 8. County offices will be closed on Thursday, December 23, 2010 and Friday, December 24, 2010 to observe Christmas. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, December 28, 2010 at 1:30 p.m. in Conference Room #3. 10. County offices will be closed on Friday, December 31, 2010 to observe New Years. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY,FLORIDA REGULAR MEETING Date: October 12, 2010 Convened: 9:05 a.m. Adjourned: 9:40 am. Commissioners Present: Chairman, Charles Grande, Doug Coward, Paula A. Lewis, Chris Craft. Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Heather Young, Asst. County Attorney, Mark Satterlee, DevelopmentlPlanning Services Director, Marie Gouin, OMB Director, Jim David, Mosquito Control Director, Debra Brisson, Parks and Rec. Director, Lauri Case Waldon, Utilities Director, Jack Southard, Public Safety/IT Director, Millie Delgado -Feliciano, Deputy Clerk, Lucero Carrillo, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the October 5, 2010 meeting. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve the minutes of the meeting held October 5, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. A Presentation by Ramon Trias was viewed by the Board on the results of the Green Jobs & Innovation Corridor Charrette public workshop held Saturday, October 9th. V. GENERAL PUBLIC COMMENT - None VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Coward, to approve the Consent Agenda with item 6-135 deleted prior to the meeting, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 54, 1 and 2. The Board approved Warrant List No. 54, 1 and 2. B. COUNTY ATTORNEY Second Amendment to Facilities Use Agreement with Treasure Coast Food Bank The Board approved the Second Amendment to the Facilities Use Agreement with Treasure Coast Food Bank. 2. Extend Contract Closing Date — Contract for Sale and Purchase — Harmony Heights Stormwater Improvements — Estate of Alexandra Merker The Board approved the extension of the closing date on the Contract for Sale and Purchase to December 31, 2010 and authorized the Chairman to sign the Contract Extension. The County's Property Acquisition Manager advised the Board they have acquired all the necessary right of way for phase 1 of the project. She stated they need to acquire property for phase 2 and 3 and are looking for vacant land for phases 4 and 5 also. She 10/06/10 ST. LUCIE COUNTY - BOAR13-- PAGE l FGABWARR WARRANT LIST #54- 02-OCT-2010 TO 06-OCT-2010 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 211,375.23 0.00 001510 CSBG FY 2009-2010 8,312.50 0.00 001511 ARRA CSBG 2009 25,694.95 0.00 001512 Neighborhood Stabilization Program 8,743.36 0.00 001515 FDCA EMPA FY10 3,833.06 0.00 001518 Section 112/MPO/FHWA/Planning 215.94 0.00 101 Transportation Trust Fund 58.58 0.00 101002 Transportation Trust/80% Constitut 24,345.09 0.00 101003 Transportation Trust/Local Option 15,155.27 0.00 101004 Transportation Trust/County Fuel Tx 1,322.66 0.00 101006 Transportation Trust/Impact Fees 133,321.69 0.00 102 Unincorporated Services Fund 12,020.16 0.00 102001 Drainage Maintenance MSTU 17,493.30 0.00 102112 Indian River Estates Drainage 79,481.10 0.00 105 Library Special Grants Fund 355.90 0.00 107 Fine & Forfeiture Fund 114,367.25 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 2,443.34 0.00 107006 F&F Fund -Court Related Technology 7,803.68 0.00 107205 Juvenile Justice & Delinquency Prev 810.00 0.00 107206 FDCF Criminal Justice, Mental Healt 61.00 0.00 109 Drug Abuse Fund 35.00 0.00 129 Parks MSTU Fund 1,702.20- 0.00 130102 FTA 5307-ARRA 2009 Capital Projects 712.08 0.00 140 Airport Fund 14,027.44 0.00 140135 FAA Security Fencing & Runway 9L/27 25,597.66 0.00 140306 DOT -New N. Entrance Port Ft. Pierce 4,653.98 0.00 140335 Parallel Runway Design-9L/27R 1,347.27 0.00 140366 FDOT-Stormwater Pollution Prev. 9,342.01 0.00 160 Plan Maintenance RAD Fund 60.21 0.00 183 Ct Administrator-19th Judicial Cir 2,754.21 0.00 183001 Ct Administrator-Arbitration/Mediat 380.00 0.00 183004 Ct Admin.- Teen Court 38.83 0.00 183006 Guardian Ad Litem Fund 340.00 0.00 185011 FHFA SHIP 2009/2010 324.00 0.00 310001 Impact Fees -Library 282.05 0.00 315 County Building Fund 35,542.21 0.00 318 County Capital -Transportation Bond 525.00 0.00 396 Lennard Road 1 - Roadway Capital 44,148.07 0.00 397 Lennard Road 2 - Water Capital 6,512.00 0.00 398 Lennard Road 3 - Sewer Capital 1,948.96 0.00 401 Sanitary Landfill Fund 480,549.78 0.00 418 Golf Course Fund 476.37 0.00 451 S. Hutchinson Utilities Fund 9,582.88 0.00 458 SH Util-Renewal & Replacement Fund 2,713.60 0.00 461 Sports Complex Fund 64,205.00 0.00 471 No County Utility District-Operatin 22,152.29 0.00 479 No Cty Util Dist -Capital Facilities 38,976.54 0.00 505 Health Insurance Fund 9,011.12 1,470.33 10/01/10 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #1 - 01-OCT-2010 TO O1-OCT-2010 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 001113 CDBG Supp Disaster Recovery Subgran 1,936,614.71 0.00 001176 FTA Section 5303 F/Y06 1,700.00 0.00 001194 U.S. Dept of Housing & Community. 2222 0.00 001511 ARRA CSBG 2009 .05 0.00 001512 Neighborhood Stabilization Program 0.00 001518 Section 112/MPO/FHWA/Planning 274.19 0.00 001519 CDBG FY 2008 Disaster Recovery 788.06 0.00 001529 CSBG FY 2011 123.60 0.00 101 Transportation Trust Fund 56.96 0.00 101001 Transportation Trust Interlocals 2,080.18 0.00 101002 Transportation Trust/80% Constitut 63.94 0.00 101003 Transportation Trust/Local Option 1,417.74 1,167.13 0.00 101004 Transportation Trust/Count Fuel Tx 1,1 0.00 102 Unincorporated Services Fund 0.00 102001 Drainage Maintenance MSTU 5,173.99 5,710.1 0.00 107 Fine & Forfeiture Fund 710.51 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 3,807,085.62 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 85.62 85.61 0.00 107006 F&F Fund -Court Related Technology 642.10 0.00 107205 129 Juvenile Justice & Delinquency Prev 158.79 0.00 Parks MSTU Fund 0.00 130 SLC Public Transit MSTU 936,355.20 0.00 130100 140 FTA 5307 Capital and Operating assi 150.65 107.74 0.00 Airport Fund 0.00 150 Impact Fee Collections 835.90 0.00 160 Plan Maintenance RAD Fund 88.25 0.00 183 Ct Administrator-19th Judicial Cir 246 32 0.00 183004 Ct Admin.- Teen Court 24.94 0.00 189101 Home Consortium FY 2008 388.8 .68 0.00 189102 Home Consortium 2009 127 27. 0.00 204 Communication System I&S Fund 806.25 0.00 210 Impact Fees I&S 0.00 215 216 Sales Tax Revenue Bonds I&S Fund 24,771.98 3,449,053.13 449,053.13 0.00 County Capital I&S 0.00 217 282 State Revenue Sharing Bonds I&S Fnd 42 25,500.01 7 0.00 401 Environmental Land I&S Fund Sanitary Landfill 1,968.75 ,45959,14.1 0.00 0.00 418 Fund Golf Course Fund 3 ,814.7 0.00 451 S. Hutchinson Utilities Fund 1,360.97 0.00 458 SH Util-Renewal & Replacement Fund 59 248.80 0.00 461 Sports Complex Fund .40 0.00 471 No County Utility District-0 eratin 1161 ,803.40 0.00 478 No Cty Util Dist -Renewal & Replace 663 ,97.06 0.00 479 No Cty Util Dist -Capital Facilities .2 0.00 491 Building Code Fund 10 110.0 0.00 505 Health Insurance Fund 1,296.21 0.00 505001 Property/Casualty Insurance Fund 164, 0.00 369.9.11 11 0.00 1 10/08/10 -FZABWARR ST. LUCIE COUNTY - BOARD WARRANT LIST #2 - 07-OCT-2010 TO 08-OCT-2010 FUND SUMMARY PAGE 1 FUND TITLE 001 General Fund 001009 Gen -One Time Funding 001113 CDBG Supp Disaster Recovery Subgran 001176 FTA Section 5303 F/Y06 001194 U.S. Dept of Housing & Community 001509 US Dept of Housing CDBG 09 001511 ARRA CSBG 2009 001512 Neighborhood Stabilization Program 001517 HUD Shelter Plus Care 001518 Section 112/MPO/FHWA/Planning 001519 CDBG FY 2008 Disaster Recovery 101 Transportation Trust Fund 101001 Transportation Trust Interlocals 101002 Transportation Trust/80% Constitut 101003 Transportation Trust/Local Option 101004 Transportation Trust/County Fuel Tx 102 Unincorporated Services Fund 102001 Drainage Maintenance MSTU 107 Fine & Forfeiture Fund 107001 Fine & Forfeiture Fund -Wireless Sur 107002 Fine & Forfeiture Fund-E911 Surchar 107003 Fine & Forfeiture Fund-800 Mhz Oper 107005 F&F Fund -Legal Aid 107006 F&F Fund -Court Related Technology 107205 Juvenile Justice & Delinquency Prev 129 Parks MSTU Fund 130 SLC Public Transit MSTU 130100 FTA 5307 Capital and Operating assi 140 Airport Fund 140001 Port Fund 150 Impact Fee Collections 160 Plan Maintenance RAD Fund 162 Tourism Dev-5th_Cent 183 Ct Administrator-19th Judicial Cir 183004 Ct Admin.- Teen Court 189101 Home Consortium FY 2008 190 Sports Complex Fund 310001 Impact Fees -Library 401 Sanitary Landfill Fund 418 Golf Course Fund 451 S. Hutchinson Utilities Fund 458 SH Util-Renewal & Replacement Fund 461 Sports Complex Fund 471 No County Utility District-Operatin 478 No Cty Util Dist -Renewal & Replace 479 No Cty Util Dist -Capital Facilities 491 Building Code Fund 505 Health Insurance Fund EXPENSES 1,418,552.14 20,000.00 77.44 109.74 66.90 185.01 249.34 808.93 1,136.90 2,338.03 351.04 7,132.70 266.58 13,902.84 4,535.17 3, 650.44 14,314.44 2,130.47 120,717.93 11,123.87 239.87 24,377.51 8,888.59 1,881.94 447.18 28,105.43 445.32 166.03 2,902.21 11,260.00 328.10 6,876.59 7, 632.08 668.96 1,164.18 370.03 4,153.54 14,107.88 11,456.20 10,273.68 1,099.59 141.34 3,960.88 3, 946.48 283.63 318.96 4,092.05 56,274.00 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 asked if anyone owning any property was interested to please contact the Acquisitions Department. The County Engineer advised the Board they have sufficient property for phase 1 and 3 at this time and hope to start phase 1 in 2011 with phase 3 commencing soon afterwards. 3. Ordinance No.10-038 - Permission to Advertise The Board granted permission to advertise Ordinance No. 10-038 for a public hearing on Tuesday, November 9, 2010 at 6:00 p.m. B. COUNTY ATTORNEY CONTINUED 4. Resolution No. 10-245 - Confirming Authorization for the County Administrator to Approve and Execute Grant Applications on Behalf of St. Lucie County. The Board approved adopting proposed Resolution No. 10-245, as drafted. 5. Treasure Coast Research Park - Approval of County Deed Conveying Sixty (60) Acres to St. Lucie County School Board This item was pulled prior to the meeting. C. PUBLIC SAFETY & COMMUNICATIONS 1. Budget Resolution No. 10-252 State of Florida, Domestic Security Federally Funded Sub -grant Agreement The Board approved Budget Resolution No. 10-252 establishing the funds for the State of Florida, Domestic Security Federally -Funded Sub grant Agreement and authorized the Chairman to sign the documents as approved by the County Attorney, 2. Budget Resolution No. 10-253 Federally -Funded Sub grant Agreement — Federal match portion The Board approved Budget Resolution No. 10-253 establishing the funds for the Federally - Funded Sub grant Agreement and authorized the Chairman to sign the documents as approved by the County Attorney. 3. State -Funded Sub grant Agreement, Emergency Management Preparedness and Assistance (EMPA) Trust Fund Program Base Grant and Budget Resolution No. 10-254 The Board appr oved accept ance of the State -Funded Sub grant Agreeme nt, Emergency Management Preparedness and Assistance (EMPA), approved Budget Resolution No. 10- 254, and authorized the Chairman to sign the documents as approved by the County Attorney. 4. Certificate of Public Convenience and Necessity (CON) — Renewal of Port St. Lucie Volunteer Ambulance Class B CON The Board approved the Emergency Medical Services Advisory Committee recommendation of the renewal application of Port St. Lucie Volunteer Ambulance or a Class B CON and authorized the Chairman to sign the documents as approved by the County Attorney. D. PLANNING & DEVELOPMENT SERVICES Airport Division: 1. FDOT Joint Participation Agreement Termination, Florida Power & Light Utilities Relocation Reimbursement. The Board approved Resolution No. 10-257 to terminate the FDOT Joint Participation Agreement for the Florida Power & Light Utilities Relocation Reimbursement returning the unused local match funds ($5,132.00) to fund 140-4220-531000-4804 and authorized the Chairman to sign the documents as approved by the County Attorney, D. PLANNING & DEVELOPMENT SERVICES CONTINUED Planning Division: 2. Permission to Advertise — Development Agreements Revocation, Incom Properties 31, Inc, The Board approved advertising two public hearings before the Board of County Commissioners, as outlined in the agenda memorandum. Business & Concurrency Management Division: 3. Road Impact Fee Credit Agreement 10-003, Dybra PSL Development, LLC (Prima Vista Commons) The Board approved the Road Impact Fee Credit Agreement 10-003 and authorized the Chairman to sign the document as approved by the County Attorney. E. HOUSING & COMMUNITY SERVICES Community Services Division: 1. Federal Transit Administration (FTA) 5307 FY 10 Grant The Board approved accepting FTA 5307 FL 90-X727 in the amount of $1,441,627, approved the agreement with Council on Aging of St. Lucie, Inc. and Budget Resolution No. 10-255 as outlined in the agenda memorandum and authorized the Chairman to sign the documents as approved by the County Attorney. 2. Federal Transit Administration (FTA) 5317 New Freedom (NF) grant The Board approved accepting the FTA 5317 NF Grant, FL 57-X021-00, approved the agreement with the Council on Aging of St. Lucie, Inc., and Budget Resolution 10-258; and authorized the Chairman to sign the documents as approved by the County Attorney. 3. Non -Profit Outside Agency Contracts The Board approved of the non-profit outside agency agreements, as outlined in the attached memorandum; and authorized the Chairman to sign the d ocuments as approved by the County Attorney. Housing Division: 4. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Modification The Board approved Modification Five to the CDBG DRI grant, as outlined in the agenda memorandum; and authorized the Chairman to sign the d ocuments as approved by the County Attorney. 5. Change Order, 8504 Paso Robles The Board approved Change Order One to C10-07-299, as outlined in the agenda memorandum and authorized the Chairman to sign the documents as approved by the County Attorney. 6. Change Order, 5300/5302 Sanibel The Board approved Change Order One to C10-07-269, as outlined in the agenda memorandum and authorized the Chairman to sign the documents as approved by the County Attorney. F. PARKS & RECREATION SERVICES Permission to sell beer at the National Navy UDT SEAL XXV Muster at Pepper Park The Board approved the National Navy UDT SEAL Museum's request to sell beer at the XXV Annual Muster to be held at Pepper Park on November 5 and 6, 2010. 2. Waiver of Havert L. Fenn Center Facility Rental Fees for the 2010 Southern Kingfish Association Nationals The Board approved waiving $3,765.00 in facility rental fees for the 2010 Southern Kingfish Association Nationals to be held at the Havert L. Fenn Center as outlined in the agenda memorandum. G. PUBLIC WORKS Engineering Division: 1. Angle Road Sidewalk Project (Phases II and III) The County Engineer provided an overview of the project. 3 Com. Dzadovsky requested the Board consider a pilot program for solar lighting in the area. He expressed his concern with the safety of the children who walk to school in the area. The Board approved the contract with SIPS Contracting Inc. in the amount of $581,573 for construction of the Angle Road Sidewalk Project (Phases II and III) 2. White Way Dairy Road Culvert Improvement Project The Board approved awarding the project to Guettler Brothers, Inc., in the amount of $304,933. Com. Coward requested information regarding the bid process. The County Engineer provided a brief overview of the project and the rationale for awarding the project to this bidder. H. HUMAN RESOURCES/RISK MANAGEMENT Prison Health Services Inmate HIV Medications Invoice for August, 2010 The Board authorized the payment of Prison Health Services invoice number PHS0008209 for HIV medications for the period of August 01, 2010 through August 31, 2010, in the amount of $36,133,47. ADMINISTRATION Economic Development Council Fourth Quarter Invoice The Board accepted the Fourth Quarter Report from EDC as fulfilling the requirements of the Contract and authorized disbursing payment in the amount of $62,500 towards the matching grant. J. MANAGEMENT AND BUDGET Resolution No. 10-263, Funding Policy for Nonprofit Agencies The Board approved Resolution No. 10-263, establishing a funding policy for nonprofit agencies, and authorized the Chairman to sign the documents as approved by the County Attorney. VII. PUBLIC HEARINGS There are no public hearings scheduled for October 12, 2010 There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 4 10/14/10 FZABWARR FUND TITLE 001 001113 001190 001194 001509 001510 001511 001512 001513 001515 001518 001519 001529 101 101001 101002 101003 101004 101006 102 102001 105 107 107001 107002 107003 107006 107205 107206 115 118 121 130 130100 130102 140 140001 140361 140368 150 160 183 183001 183004 183006 184211 184215 185010 ST. LUCIE COUNTY - BOARD WARRANT LIST #55- 09-OCT-2010 TO 13-OCT-2010 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran FTA Sec 5307 - Buses 05/06 U.S. Dept of Housing & Community US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program EITC CSBG T&TA Program FDCA EMPA FY10 Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery CSBG FY 2011 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund SLC Public Transit MSTU FTA 5307 Capital and Operating assi FTA 5307-ARRA 2009 Capital Projects Airport Fund Port Fund FDOT - Port of Ft. Pierce Dredging FDOT - Taxiway C Rehabilitation Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP South SLC Beach Restoration DEP Ft Pierce Shore Protection 2012 FHFA SHIP 2008/2009 EXPENSES 696,902.16 201,770.98 811.35 0.00 5,180.00 11,068.71 45,820.49 638.90 121.72 3,780.32 3,321.21 0.00 0.00 2,583.25 0.00 19,094.65 35,415.81 23,275.08 60,638.12 49,721.47 27,746.58 7.99 142,270.19 14,906.27 232.50 172.20 52,841.84 224.57 996.86 622.70 860.60 95.11 0.00 0.00 743.04 13,290.96 75.68 28,400.00 65,129.69 375.00 3,268.67 3,339.83 440.00 732.03 1,286.62 59,786.26 51,316.14 0.00 PAGE PAYROLL 257,220.48 562.88 0.00 124.24 0.00 0.00 622.21 331.22 0.00 0.00 4, 114.91 124.24 3.69 11,429.71 495.04 17,984.43 8,000.80 6, 378.22 0.00 26,078.69 3,963.68 0.00 54,079.93 449.13 449.13 0.00 3,494.78 830.40 0.00 0.00 0.00 0.00 4, 961.69 616.64 0.00 4, 527.18 0.00 0.00 0.00 609.28 1,244.18 1,242.26 0.00 2,221.05 0.00 0.00 0.00 815.03 1 10/14/10 FZABWARR FUND TITLE 185011 189101 189102 189201 190 315 316 318 382 396 401 418 451 458 461 471 478 479 491 505 505001 611 625 666 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #55- 09-OCT-2010 TO 13-OCT-2010 FUND SUMMARY FHFA SHIP 2009/2010 Home Consortium FY 2008 Home Consortium 2009 FHFC Hurricane Housing Recovery Pla Sports Complex Fund County Building Fund County Capital County Capital -Transportation Bond Environmental Land Capital Fund Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Economic Development Trust Fund Bank Fund GRAND TOTAL: EXPENSES 279.95 256.80 437.79 0.00 0.00 297.76 76,656.80 1,170.00 5,682.00 2,707.50 160,798.23 8,200.12 9,667.85 0.00 28,339.51 17,428.98 0.00 0.00 1,564.67 22,109.96 0.00 1,127.09 6,841.19 12,500.00 18,925.96 2,004,297.71 PAGE 2 PAYROLL 0.00 124.24 0.00 1,125.76 1,531.77 0.00 0.00 0.00 0.00 0.00 21,247.83 33,946.64 1, 416.11 262.49 4, 655.04 3,087.42 526.74 592.42 6, 985.28 474.56 1, 971.74 760.40 0.00 0.00 0.00 491,683.56 10/15/10 FZABWARR FUND TITLE 001 001113 001176 001194 001443 001509 001511 001512 001518 001519 001529 101 101001 101002 101003 101004 102 102001 103 107 107001 107002 107003 107006 107205 111 112 113 114 116 117 118 119 120 121 122 123 126 129 130 130100 136 138 139 140 150 160 183 ST. LUCIE COUNTY - BOARD WARRANT LIST #3 - 14-OCT-2010 TO 15-OCT-2010 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran FTA Section 5303 F/Y06 U.S. Dept of Housing & Community FDCA RCMP Grant US Dept of Housing CDBG 09 ARRA CSBG 2009 Neighborhood Stabilization Program Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery CSBG FY 2011 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Law Enforcement MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Paradise Park Fund Holiday Pines Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Parks MSTU Fund SLC Public Transit MSTU FTA 5307 Capital and Operating assi Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir EXPENSES 1,023,452.37 105.62 30.21 22.25 39.96 58.75 64.49 126.02 776.77 22.25 10.12- 3,226.36 80.33 10,218.24 5,225.97 1,604.63 16,180.40 14,623.45 9,368.50 222,274.78 52,600.85 85.43 24,315.22 1,776.26 149.42 111.51 32.82 15.38 29.80 21.97 7.42 67.29 32.41 7.28 5.77 44.08 21.84 8.38 14,189.58 5,259.45 107.73 57.13 10.85 28.70 889.20 130.34 31,426.62 3,221.94 PAGE PAYROLL 123.76 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 10/15/10 FZABWARR FUND TITLE 183004 183006 185010 185011 189101 189102 189201 190 242 282 310001 401 418 451 458 461 471 478 479 491 505 505001 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #3 - 14-OCT-2010 TO 15-OCT-2010 FUND SUMMARY Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2008/2009 FHFA SHIP 2009/2010 Home Consortium FY 2008 Home Consortium 2009 FHFC Hurricane Housing Recovery Pla Sports Complex Fund Port I&S Fund Environmental Land I&S Fund Impact Fees -Library Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL EXPENSES 391.81 15,071.68 146.08 216.00 22.23 6,420.50 168.53 2,788.95 955.96 2,848.76 1,854.34 4,908.84 16,482.94 941.79 48.59 454.15 1,896.47 97.45 110.27 1,592.99 4,634.05 20,281.71 143.41 29,010.63 231,892.83 1,785,526.86 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 711.84 0.00 0.00 0.00 0.00 835.60 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-1 DATE: October 19, 2010 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: "After the Fact" Revocable License Agreement Leonard and Marilyn Walinski 2608 Gray Twig Lane BACKGROUND: FUNDS AVAILABLE See Attached Memorandum N/A PREVIOUS ACTION: August 4, 1981 - Resolution No. 81-72 the Board of County Commissioners abandoned 19 ft. of the 25 ft. Drainage and Utility Easement in Twelve Oaks Subdivision. RECOMMENDATION: Staff recommends the Board approve the "After the Fact" Revocable License Agreement, authorize the Chairman to sign the "After the Fact" Revocable License Agreement and direct Mr. & Mrs. Walinski to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [� APPROVED [ ] OTHER Approved 5.0 [x] County Attorney: Daniel McIntyre [x] Originating Dept: Ymf- JoAnn Riley CONCURRENCE: [ ]DENIED ma�� aye W. Outlaw, MPA County Administrator Review and Approvals [x] Road and Bridge: Don Pauley [x] Engineering: 1MV Mike Powley [x] Public Works:�,��� Don W t [ ] Purchasing: PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 19, 2010 SUBJECT: "After the Fact" Revocable License Agreement Leonard and Marilyn Walinski 2608 Gray Twig Lane BACKGROUND: Leonard and Marilyn Walinski contacted Property Acquisitions for a License Agreement to replace wood panels on their fence in Twelve Oaks Subdivision. The fence is located within the County's 6 foot Drainage and Utility Easement at the rear of their property. During our review we learned a License Agreement was not on file for the initial fence. We have included the entire fence in an "After the Fact" Revocable License Agreement. Staff has approved their request for the "After the Fact" License Agreement with the understanding if the encroachment causes any flooding or needs to be removed they must move it immediately at their expense. RECOMMENDATION: Staff recommends the Board approve the "After the Fact" Revocable License Agreement, authorize the Chairman to sign the "After the Fact" Revocable License Agreement and direct Mr. and Mrs. Walinski to record the Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, Ann Riley Property Acquisition Manager DISCLAIMER St. Lurie County makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness, or completeness of any of the geodata information provided herein. The reader should not rely on the data pmvideo herein for any reason. St. Lucie County explicitly disclaims anv representations and warranties, including, without limitalbn, the implied warranties of merchantability and fitness for a particular purpose. St. Lucie County shall assume rmo liability (or. t. Any errors. omissions, or inaccuracies in the inforrtmation provided regardless of how caused: or 2 Any demon made or action taken or not taken by any person in mhance upon anv information or data furnished hereunder. September 8, 2010 St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Attn: Janet Lacusi Acquisitions Dept. Dear Ms. Lacusi: I would like to give Quality Fence Contractors Inc. permission to install a 6' high wood fence in the drainage and utility easement at the rear of my property as shown on the attached survey. Respectfully, Marilyn Walinski 2608 Gray Twig Lane Fort Pierce, FL 34981 (772)464-2939 S e of Florida, County of St. Lucie acknowledged before me this 0 day of 20 1 Oby MAV.i UU n 0AW A s�. who is personally know to me or who has prod ced L�cQ.ns� as identification. J� , Signature of Notary `e"•:°'y DEBORAH A. DBAPSEY .: MY COMMISSION # DD 978721 EXPIRES: April 24 2014 o d ° Bonded ThruAlot:ryPublic UndaY ftm This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and LEONARD T. WALINSKI and MARILYN J. WALINSKI, husband and wife, whose address is 2608 Gray Twig Lane (the "Owner") WHEREAS, the Owner owns the property described as follows: Lot 12, Twelve Oaks Estates Subdivision according to the plat thereof on file in Plat Book 16, Page 26 of the Public Records of St. Lucie County. WHEREAS, the County is the owner of the property described as: A 6 foot drainage/utility easement, lying in the rear of Lot 12, Twelve Oaks Estates Subdivision. WHEREAS, the Owner has requested a Revocable License Agreement for a fence within the County's 6 foot drainage/utility easement at the rear of the property within the County's 6 foot drainage/utility easement. See Exhibit A attached. WHEREAS, the County is willing to permit the Owner to encroach in the County's drainage/utility easement for the purpose of installing a fence subject to the terms and conditions set forth in this Revocable License Agreement. follows: NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as The County agrees to grant the Owner a Revocable License Agreement for the fence which will encroach within the County's drainage/utility easement. This Revocable License shall extend only to the referenced fence and 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 easement. 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 easement. 4. The Owner shall maintain the drainage easement 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 easement and any damage to the County easement shall be repaired by Owner. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachments at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that the Owner perform certain alterations to the fence or the location of the fence, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the fence, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the fence and repair of the easement, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in affect unless otherwise revoked or abandoned as provided herein. 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 easement by the County or Utilities Department. 10. The fence shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the fence for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: Mr. & Mrs. Walinski 2608 Gray Twig Lane Fort Pierce, FL 34981 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK WITNESS: STATE OF FLORIDA COUNTY OF ST. LUCIE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY LEONARD T. WALINSKI 22i�- 1 4-� MARILYN JUWALINSKI The foregoing instrument was acknowledged before me this 9.9+i- day of 2010, by LEONARD T. WALINSKI and MARILYN J. WALINSKI his wife who produced D�a v-4 L, cz,-w� (type of identification) and who did take an oath. WITNESS my hand and official ke&4%10aLq' I - My commission expires: Marie 'pM,M N •y ,, Q�g�ber42o °% CUP) i o : #DD 832769 : Q, a40111110 •• a day of�, 2010. Lev.- I V �Lvwe. Signature of Notary P lic FND. 47X4' C.M. N.W. CORNER OF JLRC FND. 1/2' 'LS4223' 0.9' SOUTH LLJ r r O Or QO Ow0 En N FND. 3/4- I.P. NO I.D. N' O N Y � �o c IL o!m� Nrc^ Wagw a 010 <— Q�Ln a� anQm P.ARM ID # NO_5-411-0001-000-1 (EMERSON !c JACKSON) B.R. 199.9 r M N 89751'00 W 200.00, P �_ _ :• o ATT 43.4' b DRAINAGE RISE] & UTILITY EASEMENT CAT sHED to 0 W 02 W cK 25.71' LOT 12 13.,• a ;� jr ri: q N 6 oao-oa. h� �2 DES %f BRICK PAVER DRIVE WALK �+- LOT 10 (OCCUPIED) FND. 3/8" LR. NO I.D. IN ELECTRIC BOX C-1 (P) C-2 (P) C-3 (P) R = 50.00' R = 50.00' R — 50.00' I L = 51.20' L = 62.11' L = 25.82' A = 58'40'30" A — 71'10'27" A = 29'35'04" C = 49.00' C — 55.19' C = 25.53' CS = S00'18'45"W CB = S65'14'13"W CB = N6423'02"W C-1 (M) C-2 (M) C-3 (M) R = 50.00' R = 50.00' R = 50.00' \ L — -51.12' L = 61.94' L = 25.70' A = 58*34*38' A = 70'56'48" A = 29'26'55" C = 48.92' C = 58.06' C — 25.42' CB = S00'12'45W CB S64-58-27"W CB = N64'51'06"W "I- h 51_j /O Thomas -P:' fUernan.. �- Signature Date FND. 1/f NO i a r a T r' C C C t J 07b '4-M L— - x,.1NO LD. ASPHALT ROADWAY 0 498bs2 ( �-� Gf 4 �CJ ry FND. FND. 3/4- J.P. 0.3• I NO I.D. EXHIBIT 9 Professional 'Sur-veyor. & Mi; pper RESOLUTION NO. 81-72 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing on the 9th day of June, 1981, after first publishing a notice of said hearing in the News Tribune at Fort Pierce, Floirda, on the 22nd day of May, 1981, on closing, vacating and abandoning that portion of the following described public road right-of-way and renouncing and disclaiming any right of St. Lucie County and the public in and to the lands lying within that portion of said right-of-way as follows: The interior 19 feet of that certain 25 feet wide drainage and utility easement along the South, West and North sides of Twelve Oaks Estates S/D as recorded in Plat Book 16 at Page 26 of the Public Records of St. Lucie County, Florida and WHEREAS, at said public hearing there were no objections to closing, vacating and abandoning said right-of-way and renouncing and disclaiming any right of St. Lucie County and the public in and to the lands lying within said right-of-way and in the opinion of the Board of County Commissioners, it is to the best interest of the public to close, vacate and abandon said right-of-way and disclaim and renounce any right of St. Lucie County and the public in and to the lands lying within said right-of-way. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 9th day of June, 1981, as follows: 1. That portion of a public road right-of-way in St. Lucie County, Florida, as described above, be and the same is hereby closed, vacated and abandoned and any right of St. Lucie County and the public in and to the land lying within said right-of-way is hereby disclaimed and renounced. 2. That the proof of publication of the Notice of Public Hearing and a certified copy of this resolution be recorded in the deed records of St. Lucie County, Florida. BOOK360 PAGE2613 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA. By Chairman ATTEST: F� Clerk STATE OF FLORIDA COUNTY OF ST. LUCIE The undersigned, Clerk of the Board of County Commissioners of the County and State aforesaid, does hereby certify that the above and foregoing is a true and correct copy of a resolution adopted by said Board at a meeting held on the 9th day of June, 1981. Witness may hand and the seal of said Board this Z!' - day of `emu f 1981. Roger Poitras, Clerk of the Board of County Commissioners of St. Lucie County, Florida. �L`! `j'"'Toil b�� �Co -' =, Deputy Clerk w. l3>titRih ao",36D PAGE2614 AGENDA REQUEST CKIM OUNTY F L O R l D A TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B 7- DATE: October 19, 2010 REGULAR[] PUBLIC HEARING [J CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Interlocal Agreement with the City of Port St. Lucie - Verada Ditch Outfoll Pipe BACKGROUND: See attached memorandum FUNDS AVAILABLE: Funds are available in Stormwater M5TU, Contracted Services, Account No. 102001-3725-534000-300 PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Aoorovals County Attorney: Management A Budget Purchasing: Daniel 5. McIntyre Originating Dept. Public Works Dir: N • -CountyEng.:— DoilWest Mike Powley Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 10-1328 DATE: October 7, 2010 SUBJECT: Interlocal Agreement with the City of Port St. Lucie - Verada Ditch Outfall Pipe Project BACKGROUND: The Verada Ditch has experienced erosion at the outfall pipe near 879/891 Goodrich Street. The County maintains Verada Ditch and the City of Port St. Lucie owns the outfall pipe. Attached to this memorandum is a draft interlocal agreement which, if approved, would allow the City to contract with a contractor to complete the required repairs to the outfall pipe and the Verada Ditch in acceptance with the County's construction standards for the original repair project. The City will administer the Contract and cover any cost overruns. The County's portion of the cost for repair is $12,167.09. RECOMMENDATION/CONCLUSION : Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. Daniel 5. County A DSM/caf Attachment submitted„ ilr►ll_ Y V MTERLOCAL AGREEMENT VERADA DITCH OUTFALL PIPE PROJECT THIS AGREEMENT entered into this day of 92010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and the CITY OF PORT ST. LUCIE, a Florida municipal corporation, hereinafter referred to as ity. 71 WHEREAS, the Verada Ditch has experienced some erosion at the outfall pipe near 879/891 Goodrich Street; and WHEREAS, the County maintains Verada Ditch and the City owns the outfall pipe; and WHEREAS, the City and the County desire to cooperate and repair the damage to the outfall pipe and the erosion to the Verada Ditch. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Interlocal Cooperation Act. 2. Re air. The City will contract with a contractor to complete the required repairs to the outfall pipe and the Verada Ditch. The City agrees to require its contractor to construct the Verada Ditch repairs in acceptance with the County's construction standards for the original Verada Ditch repair project. The City shall administer the Contract and cover any cost overruns. The City agrees to require its contractor to add the County as an additional named insured on the contractor's general liability insurance policy. 3. Timeline. This Agreement relies upon the parties' timely execution of their respective obligations. Required milestones and timeframes are set forth below: The City agrees to require its contractor to complete the Project by December 31, 2010. 4. County Payment. The County portion of the cost for the repair is $12,167.09. Once the repair is complete and accepted by the City and the County, the City shall provide an invoice to the County. The County shall pay the invoice within 20 days of receipt. 5. Whole Understanding This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written between the parties hereto. 6. Amendment. The Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. Termination. This Agreement may be terminated with the consent of both parties. S:\AM\AGREEMNT\INTERLOC\PSL-Vua& Ditch Repair.wM -1- L 8. Filing; Effectiven ess This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below. ATTEST: Deputy Clerk . O:••OPQOH�, . G S:\ATTY\AGREEMNT\INTERLOC\PSL-Verada Ditch Repar.wpd -2- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman DATE: APPROVED AS TO FORM AND CORRECTNESS: BY County Attorney CITY OF PORT ST. LUCIE, FLORIDA BY: vll 6P" r DA CI I'�)vI / +G APPROVED AS TO FORM AND CORREC SS: BY: Ci orney TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS St. Lucie County Sheriffs Office, Administration ITEM NO. VI- C DATE: 10/19/10 REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT (X) PRESENTED BY: Ken J. Mascara Sheriff ' Authorization to accept the Florida Department of Law Enforcement (FDLE) 2011 Edward Byrne Memorial Justice Assistance Grant (2011 -JAGC-STLU-1 -B2-148). BACKGROUND: The Florida Department of Law Enforcement (FDLE) has awarded the St. Lucie County Sheriffs Office the 2011 Edward Byrne Memorial Justice Assistance Grant (2011-JAGC-STLU-1-132-148). Upon acceptance, this $68,718.00 grant will be used to implement the "Planning, Evaluation, and Technology Improvement Program" which will provide In -Car video surveillance cameras for law enforcement vehicles for the purpose of more secure evidence gathering. JAG funds shall be utilized for the purpose of reducing crime and improving public safety. No matching funds are required. FUNDS AVAILABLE: 107169-2110-331233-200: FDLE Edward Byrne Memorial (JAG) Grant PREVIOUS ACTION: June 1, 2010 — BOCC approved permission to participate in grant. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution No. 10-262 and authorize the acceptance of the Florida Department of Law Enforcement (FDLE) Edward Byrne Memorial Justice Assistance Grant in the amount of $68,718.00. COMMISSION ACTION: X) APPROVED ( ) ( ) OTHER Approved 5-0 County Attorney ( ) Originating Dept. ( ) CONCURRENCE: DENIED aye W. Outlaw, MF11A County Administrator Coordination/Signatures i- n p r^ Dan McIntyre Etc... 4o"y (Name) OMB Director Budget Analyst Marie touin Sophia Holt ERD ( ) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissione FROM: Ken J. Mascara, Sheriff St. Lucie County Sheriff ministration DATE: Tuesday, October 19, 2010 SUBJECT: Authorization to accept the Florida Department of Law Enforcement (FDLE) 2011 Edward Byrne Memorial Justice Assistance Grant (2011-JAGC-STLU-1-132-148). ITEM NO. VI — C Background: The Florida Department of Law Enforcement (FDLE) has awarded the St. Lucie County Sheriffs Office the 2011 Edward Byrne Memorial Justice Assistance Grant (2011-JAGC-STLU-1-B2-148). Upon acceptance, this $68,718.00 grant will be used to implement the Planning, Evaluation, and Technology Improvement Program" which will provide In -Car video surveillance cameras for law enforcement vehicles for the purpose of more secure evidence gathering. JAG funds shall be utilized for the purpose of reducing crime and improving public safety. No matching funds are required. Recommendation Staff recommends that the Board of County Commissioners approve Budget Resolution No. 10-262 and authorize the acceptance of the Florida Department of Law Enforcement (FDLE) Edward Byrne Memorial Justice Assistance Grant in the amount of $68,718.00. FILE Florida Department of Law Enforcement Gerald M. Bailey Commissioner SEP 2 2 Z010 Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 (850) 617-1250 www.fdle.state.fl.us The Honorable Charles Grande Chairman St. Lucie County Board of Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Contract No. 2011-JAGC-STLU-1-62-148 Dear Chairman Grande: Charlie Crist, Governor Bill McCollum, Attorney General Alex Sink, Chief Financial Officer Charles H. Bronson, Commissioner of Agriculture The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of $ 68,718.00 for the project entitled, PLANNING, EVALUATION, AND TECHNOLOGY IMPROVEMENT PROGRAM. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant. Changes were made and an addendum was added to these conditions after your application was received in this office. Therefore, the Standard Conditions and the Addendum should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service • Integrity • Respect • Quality The Honorable Charles Grande Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Janice Parish at 850/617-1250. Sincerely, 0-LGJLII CIH. Wilder Administrator CHW/JP/ps Enclosures Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Addendum To Standard Conditions For Subgrant Recipients receiving Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds under Federal Grant No. 2010-DJ-BX-0455, the following additional conditions apply: 1. Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable Subgrant recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 2. Task Force Training Requirement (Revised Standard Condition 63) The subgrant recipient agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online (intemet-based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training will address task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 3. High Risk Subgrantees The subgrant recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the U.S. Department of Justice determines that the recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70. SFY 2011 Page 1 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2011-JAGC-STLU-1-62-148, in the amount of $ 68,718.00, for a project entitled, PLANNING, EVALUATION, AND TECHONOLOGY IMPROVEMENT PROGRAM, for the period of 10/01/2010 through 09/30/2011, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. (Signature of Subgrantee's Authorized Official) (Typed Name and Title of Official) (Name of Subgrantee) (Date of Acceptance) Rule Reference 11 D-9.006 OCJG-012 (Rev. October 2005) State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: St. Lucie County Board of Commissioners Date of Award: Q- ate_ la Grant Period: From: 10/01/2010 TO: 09/30/2011 Project Title: PLANNING, EVALUATION, AND TECHONOLOGY IMPROVEMENT PROGRAM Grant Number: 2011-JAGC-STLU-1-B2-148 Federal Funds: $ 68,718.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 68,718.00 State Purpose Area: E : Equipment Supplies - Purchase Equipment/Supplies CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90- 351, as amended, and the Anti -Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D, Office of Justice Programs, Common Rule for State and Local Governments and A- 87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. - �IL'MW Authorizel Official Clayton H. Wilder Administrator Date ( ) This award is subject to special conditions (attached). Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Subgrant Recipient Organization Name: St. Lucie County Board of Commissioners County: St. Lucie Chief Official Name: Charles Grande Title: Chairperson Address: 2300 Virginia Avenue City: Fort Pierce State: FL Zip: 34982 Phone: 772-462-1100 Ext: Fax: Email: GrandeC@stlucieco.org Chief Financial Officer Name: Shai Francis Title: Finance Director Address: 2300 Virginia Avenue City: Fort Pierce State: FL Zip: 34982 Phone: 772-462-1429 Ext: Fax: Email: franciss@stiucieco.gov Application Ref # 201 1-JAGC-1 527 Section #1 Page 1 of 2 Contract 2011-JAGC-STLU-1-62-148 Rule Reference 11D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Implementing Agency Organization Name: St. Lucie County Sheriffs Office County: St. Lucie Chief Official Name: Ken Mascara Title: Sheriff Address: 4700 West Midway Road City: Fort Pierce State: FL Zip: 34981 Phone: 772-462-7300 Ext: Fax: 772-489-5851 Email: kmascar@stluciesheriff.com Project Director Name: Mike Monahan Title: Director of Law Enforcement Address: 4700 West Midway Road City: Fort Pierce State: FL Zip: 34981 Phone: 772-462-3269 Ext: Fax: 772-462-3362 Email: monahanm@stluciesheriff.com Application Ref # 2011-JAGC-1527 Section #1 Page 2 of 2 Contract 2011-JAGC-STLU-1-132-148 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) r Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Project Information Project Title: PLANNING, EVALUATION, AND TECHONOLOGY IMPROVEMENT PROGRAM Subgrant Recipient: St. Lucie County Board of Commissioners Implementing Agency: St. Lucie County Sheriffs Office Project Start Date: 10/1/2010 End Date: 9/30/2011 Problem Identification The St. Lucie Sheriffs Office Patrol Unit is in urgent need of new state of the art In -car Digital Video Recording Systems for its eleven (11) law enforcement patrol vehicles. Presently, the Patrol Unit uses an out dated video recording system that uses VHS cartridges which can be compromised by the high temperatures often experienced in Florida law enforcement vehicles resulting in poor recording quality. Patrol Traffic Unit The St. Lucie County Sheriffs Office Patrol Traffic Unit is responsible for the enforcement of traffic laws, including the investigation of vehicle related accidents, traffic related homicides, operating the Breath Alcohol Testing Mobile Unit (BAT Mobile), participate in DUI (driving under the influence) checkpoints aimed at deterring impaired drivers, and vehicle safety checkpoints. The Traffic Unit also utilizes various forms of speed measuring devices to identify and apprehend all other traffic violations. The unit conducts selective enforcement projects (Click It or Ticket, Over the Limit Under Arrest), supervises school crossing guards and civilian parking enforcement, provides traffic and parking enforcement and conducts driver safety awareness programs and project such as roadway message boards and speed status trailers. Project Summary (Scope of Work) The St. Lucie County Sheriff?s Office and St. Lucie County submit this application for funding for the prevention and control of crime in St. Lucie County, Florida. This grant will enable the St. Lucie County Sheriff?s Office to purchase much needed law enforcement (non -budgeted) equipment and supplies that will help better serve the citizens of St. Lucie County. The St. Lucie County Sheriff?s Office will use the Edward Byrne Memorial JAG Countywide Grant to fund its Planning, evaluation, and technology improvement program. The Sheriff?s Office will advance and enhance its Patrol Traffic Unit with the purchase of twelve (12) state of the art Mobile Digital Video Recording Systems (Eleven systems will be installed in agency patrol vehicles to record traffic incidents/investigations and one system will be installed in the DUI Processing Room located at the St. Lucie County Detention Center) and one Digital Camera Package with external flash, carrying case and assorted telephoto lens. The purchase of this equipment will greatly advance and enhance the activities of the St. Lucie County Sheriff?s Office Patrol Traffic Unit while ensuring the safety of patrol deputies and maintaining the integrity of all evidence obtained during investigations. Presently, the Patrol Unit uses an out dated video recording system that uses VHS cartridges which can be compromised by the high temperatures often experienced in Florida law enforcement vehicles resulting in poor recording quality. DUI Processing Surveillance Recording When a Patrol deputy suspects an individual is driving impaired that individual will be transported to the St. Lucie County Detention Center for processing. DUI processing involves interviewing, observation and the administration of an alcohol breath test and Application Ref # 2011-JAGC-1527 Section #2 Page 1 of 3 Contract 2011-JAGC-STLU-1-62- Rule Reference I ID-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide sobriety test. A video/audio recording of all individuals undergoing DUI processing at the St. Lucie County Detention Center will be maintained and placed into evidence. The Mobile Digital Video Recording System is a fully -integrated digital video recording system which can support up to six (6) video cameras in one law enforcement vehicle. The system has the capability to simultaneously display and record as many as five camera feeds, so patrol deputies can effortlessly monitor their entire surroundings from the driver?s seat maximizing officer safety. Live video streaming provides headquarter monitoring capabilities to ensure added safety for deputies during traffic stops and investigations. The system provides clear video and audio recordings to be used as evidence in court hearings. Deputies wear a digital wireless on - body microphone which provides clear audio recordings. The system includes onboard storage, transfer, GPS, and seamless video management, archiving and retrieving. The system is designed so evidence once recorded can not be changed or distributed without proper permission. The process of recording, transferring, and storing recorded evidence is fully automatic. Videos can be transferred directly from the patrol cars to the Sheriff?s Office servers in a matter of minutes, using wireless internet hotspots located at the Sheriff?s Office administrative building and the county jail, so deputies never have to handle the evidence. The cost of twelve (12) Digital Video Recorder kits and equipment is $67,596.89. Digital Camera The Patrol Unit is also in need of a Digital Camera to use in its traffic investigation to provide still pictures for evidence gathering. The cost of one (1) digital camera package is $1,121.11. Application Ref # 2011-JAGC-1527 Section #2 Page 2 of Contract 2011-JAGC-STLU-1-B2- Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) RESOLUTION NO. 10-262 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 from the Edward Byrne Memorial Justice Assistance Grant in the amount of $68,718. 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 19"' day of October, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2010-2011, and the County's budget is hereby amended as follows: REVENUE 107169-2110-331210-200 U. S. Department of Justice $68,718 APPROPRIATIONS 107169-2110-591900-200 Transfer to Sheriff $68,718 After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chairman XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 19TH DAY OF OCTOBER 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA C31'A CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY COUNT& a F L O R 1 0 A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Utilities Department SUBJECT: Permission to Advertise Public Hearing BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A ITEM NO. VI — D DATE: 10/19/2010 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Laurie Waldie Utility Director PREVIOUS ACTION: July 24, 2007 - BOCC approved rate structure for SHI District. RECOMMENDATION: Board approval to advertise and provide notice to customers for a Public Hearing on November 9, 2010 to amend certain rates, fees and charges for the St. Lucie County South Hutchinson Island District Wastewater Utility. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER X, Q14H��'4k Approved 5.0 ye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director ( } r" Budget Analyst Dan McIntyre Originating Dept. ( X))r� Other ( ) Laurie Waldie COUNTY F L O R I D A Utility Department MEMORANDUM TO: Board of County Commissioners FROM: Laurie Waldie, Utility Director Jam' DATE: October 19, 2010 SUBJECT: Permission to Advertise Public Hearing ITEM NO. VI — D Background: Staff is requesting approval to advertise and send notice to customers for a public hearing for the purpose of amending certain rates, fees and charges for the St. Lucie County (SLC) South Hutchinson Island District Wastewater Utility. Once approval to advertise and provide notice to customers is granted, a notice will be mailed to all existing SLC South Hutchinson Island District Wastewater Utility customers and advertised in a local newspaper at least 10 days prior to the public hearing. The proposed rates, fees and charges will also be made available to the Board and the public. The proposed adjustments update the SLC South Hutchinson Island district miscellaneous charges to be consistent with the rest of the Utility, or in the SLC Water and Sewer District, as calculated per the recent rate study and as adopted for the SLC Water and Sewer District on June 1, 2010. The customer account charge is proposed to increase $0.10 per bill per month from $2.30 to $2.40. The monthly SHI wastewater rate will not change but remain at $30.23 per EDU. Recommendation Board approval to advertise and provide notice to customers for a Public Hearing on November 9, 2010 to amend certain rates, fees and charges for the St. Lucie County South Hutchinson Island District Wastewater Utility. ITEM NO. VI-E DATE: 10/19/10 glob AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:,� Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Resolution No. 10-279, policy related to the County's emergency reserves and fund balance reserves BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-9910-599301-800 Emergency Reserves 001-9910-599302-800 Fund Balance Policy PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Resolution No. 10-279, establishing a policy for the County's emergency reserves and fund balance reserves, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: �) APPROVED ( ) DENIED ( ) OTHER Approved 5.0 County Attorney ( X ) Y' Other ( ) Dan McIntyre (Name) CONCURRENCE: e W. Outlaw, PA County Administrator Coordination/Signatures OMB Budget Analyst Other (X) Jennifer Hill (Name) Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: October 19, 2010 SUBJECT: Resolution No. 10-279, policy related to the County's emergency reserves and fund balance reserves ITEM NO. VI-E Background: During the fiscal year 2011 budget process, the Board made changes to the County's emergency reserve calculation and kept the Fund Balance Reserve calculation the same. These reserve policies are: • Emergency Reserves — The Board will maintain a designated emergency reserve of 5% of the total operating budget excluding funds that have a minimum of 10% or $2 million in reserves (whichever is greater). By majority vote, the Board may use all or a portion of this designated Emergency Reserve, however, the use is normally reserved for natural or manmade disasters. • Fund Balance Reserve — The Board will maintain a fund balance reserve in the general fund equal to 5% of the general fund operating budget. By a majority vote, the Board may use all or a portion of this fund balance reserve to address unanticipated revenue shortfalls or any unforeseen expenditures not necessarily resulting from a natural disaster. For fiscal year 2011, the reserves are fully funded at these levels. The emergency reserve budget is $10,699,726 and the fund balance reserve budget is $3,647,551. Recommendation: Board approval of Resolution No. 10-279, establishing a policy for the County's emergency reserves and fund balance reserves, and authorization for the Chairman to sign documents as approved by the County Attorney. r RESOLUTION NO. 10-279 A RESOLUTION ESTABLISHING BUDGET POLICIES FOR THE FUNDING AND USE OF EMERGENCY RESERVES AND FUND BALANCE RESERVES; PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. As several of the County's funds have sufficient reserves for emergency, it is appropriate to exclude such funds from the annual budget emergency reserve calculation. 2. The County's bond rating agencies have recommended the Board establish a formal policy for funding and use of the fund balance reserves. 3. The Board has determined that it is appropriate to establish a policy regarding the future funding and use of emergency and fund balance reserves. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby adopts the following budget policies: A. Emergency Reserve Fund - The Board shall maintain a designated Emergency Reserve Fund equal to 5% of the total operating budget excluding funds that have a minimum of 10% or $2,000,000.00 in reserves, whichever is greater. By majority vote, the Board may use all or a portion of this designated Emergency Reserve Fund. Such use shall normally be reserved, however, for natural or manmade disasters. B. Fund Balance Reserves - The Board shall maintain a Fund Balance Reserve in the General Fund equal to 5% of the General Fund operating budget. By a majority vote, the Board may use all or a portion of this fund balance reserve to address unanticipated revenue shortfalls or any unforeseen expenditures not necessarily resulting from a natural or manmade disaster. 2. This resolution shall take effect retroactively on October 1, 2010. ft PASSED AND DULY ADOPTED this XXth day of October 2010. ATTEST: DEPUTY CLERK 5:\atty\resoltn\2010\10-279.doc BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: 2 COUNTY ATTORNEY AGENDA REQUEST ITEM NO. VII-A DATE: 10/19/10 REGULAR ( ) PUBLIC HEARING (X ) LEG. (X ) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton De Witt SUBMITTED BY: Planning and Development Services Senior Planner /2— Department 19) SUBJECT: Future Land Use Map Amendment - PGA Village BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the PGA Village Small Scale Future Land Use Map Amendment (Ordinance No. 10-035). COMMISSION ACTION: CONCURRENCE: (�) APPROVED ( ) DENIED ( ) OTHER /;.j JA�� Approved 5.0 �ayeW. Out aw, M A County Administrator Motion to include the notice for the Coordination/Signatures PNRD Hearing be mailed to everyone in the PGA Village. County Attorney (X) Lk, County Surveyor ( ) Daniel S. McIntyre Ron Harris County Engineer ( ) ERD (X ) Michael Powley ren Smith Originating Dept. (X) OMB ( ) Mark Satterlee Marie Gouin Purchasing ( ) Melissa Simberlund Hearing Date: Tuesday October 19th12010 Applicant PGA Reserve Inc., 951 SW Country Club Dr Port St. Lucie, FL 34986 Agent Brian Nolan Lucido & Associates 100 Avenue A, Suite 2A Ft. Pierce, FL 34950 File Number FLUMA 720104078 Property Location 1920 Perfect Dr Port St. Lucie, FL Future Land Use From RS (Residential Subur- ban - 2 du/acre) to COM (Commercial) Zoning PNRD (Planned Non - Residential Neighborhood) Agenda Item No. VII —A PGA Village Small Scale Future Land Use Map Amendment RS REBERti£ t BLVG 1 com 4 com RS \k O _ cm RS ti —es ® SubjectpropertySt 1 Lute County Future Land Use Port St. Lucie Future Land Use ! ray. Ct.,.�, 1 N .._ City of Port St. Lucie cou - Cam -REs.aenrzi Suburban a w•ar� Rcc—Renonaicawnc wept Staff Project Description Britton De Witt PGA Reserve Inc. is petitioning for a Senior Planner change in the Future Land Use of a 9.9 wilsonb@stlucieco.org acre parcel from RS (Residential Sub- (772)462-1582 urban- 2 du/acre) to COM (Commercial). Background The purpose of the amendment, as stated by the applicant, is to allow ex- pansion of the existing PGA Golf club- house complex and new lodging facility to serve the PGA golf facilities located in the Reserve Development of Re- gional Impact (DRI). The PGA golf clubhouse complex is authorized under the Final Development Order of the Reserve DRI for approximately 90,000 square feet of overall non-residential commercial/office use. The clubhouse is proposed for expansion by approxi- mately 15,000 square feet. This leaves 65,000 square feet of undeveloped commercial square footage (based upon the approved PNRD master plans for the clubhouse complex) that can be used for either commercial or converted use purposes as outlined in Condition No. 51 of Resolution No. 09-016. Notice Requirements Public hearing notice in accordance with Section 11.00.03 of the Land De- velopment Code was placed in the St. Lucie News Tribune, letters were sent to property owners within 500 feet of the subject property and a sign was placed on the property. Previous Action On September 19, 2010, the Planning and Zoning Commission voted 5 to 1 to recommend approval of the proposed Future Land Use Map Amendment. Staff Recommendation Board approval of the PGA Village Small Scale Future Land Use Map Amendment (Ordinance No. 10-035). Planning and Development - " Services Department • • MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager 1" FROM: Britton De Witt, Senior Planner, Planning Divisio DATE: October 19, 2010 SUBJECT: Future Land Use Map Amendment - PGA Village ITEM NO.: VII-A Background: PGA Reserve Inc. is petitioning for a change in Future Land Use of a 9.9 acre parcel from RS (Residential Suburban — 2 du/acre) to COM (Commercial). The purpose of the amendment, as stated by the applicant, is to allow expansion of the existing PGA Golf clubhouse complex and new lodging facility to serve the PGA golf facilities located in the Reserve Development of Regional Impact (DRI). The PGA golf clubhouse complex is authorized under the Final Development Order of the Reserve DRI for approximately 90,000 square feet of overall non-residential commercial/office use. The clubhouse is proposed for expansion by approximately 15,000 square feet. This leaves 65,000 square feet of undeveloped commercial square footage (based upon the approved PNRD master plans for the clubhouse complex) that can be used for either commercial or converted use purposes as outlined in Condition No. 51 of Resolution No. 09-016. The Treasure Coast Regional Planning Council has confirmed that a Notice of Proposed Change to the approved DRI is not required for this proposed Future Land Use Map Amendment. Previous Action: On September 16, 2010, the Planning and Zoning Commission reviewed this proposed Future Land Use Map Amendment and recommended that it be approved by a vote of 5:1. Recommendation: Board approval of the PGA Village Small Scale Future Land Use Map Amendment (Ordinance No. 10-035). Environmental Resources Department Companion Report TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director FROM: Jennifer Evans, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Manage DATE: September 23, 2010 SUBJECT: PGA Village Plan Amendment PA 720104078 Background The Planning & Development Services Department requested Environmental Resources Department (ERD) input on the PGA Village future land use amendment. Findings ERD findings are presented in the ERD Final Report, which has been included in the agenda packet. Recommendations ERD supports approval of future land use amendment. Sign ure 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 10-035 FILE NO.: FLUMA - 720104078 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR A 9.9 ACRE (M.O.L.) PARCEL OF LAND OWNED BY PGA RESERVE INC., FROM RS (RESIDEN L SUBURBAN —2 DU/ACRE) TO COM (COMMERCIAL); PROVIDING FIN ; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR S BILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FIL H THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR G H THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; (DING N EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissior testimony and evidence, including but not lim determinations: 2 3. 4 Brian Nolan, of Lucido and A Inc, has filed a petition for an ja Land Use Element for a 9.9 acre Drive, Port St. Lucie FL, from (Commercial) wit Cou Statutes; and, St. P.A., In &Lo the nty, Florid ed on the 1, has made a following ;sentative for PGA Reserve Comprehensive Plan Future d, located at 1920 Perfect n — 2 du/acre) to COM .e with Chapter 163, Florida Lucie County as the governing body of St. lication pursuant to Chapter 163, Florida consider amendments to the adopted St. Lucie County Planning and Zoning Commission/Local hearing, of which due notice was published in the St. mended to the Board of County Commissioners that Use Map Amendment for PGA Reserve Inc. be approved; On Octob , the Board of County Commissioners of St. Lucie County, Florida held a publi g, of which due notice was placed in the St. Lucie News Tribune, and deemed t adoption of the amendment to the Comprehensive Plan to be/not to be in the best interests of the citizens and residents of the County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. AMENDMENT TO FUTURE LAND USE DESIGNATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Ordinance No. 10-035 File No.: FLUMA-720104078 Page 2 The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan for the property described in Exhibit "A," attached hereto, containing 9.9 acres more or less, located at 1920 Perfect Drive, Port St. Lucie, FL, from RS (Residential Suburban — 2 du/acre) to COM (Commercial), as depicted in the attached Exhibit "B." B. FINDING OF CONSISTENCY The Board of County Commissioners of St. Lucie County, Florida, specifically determines that the approval of this amendment to the adopted Comprehke Future Land Use Element is internally consistent with the policies and objectied in the St. Lucie County Comprehensive Plan and consistent with standards of plans and plan amendments of Rule 9J-5, Florida Administrative Code, and the recognition that impacts of this approval on the public facilities of St. Lucieoccur until such time as a Final Development Order for development on this plkp C. CHANGE TO FUTURE LAND USE MAP The St. Lucie County Planning and DevelopmNPla s D directed to cause this change to be made in thn Element of the St. Lucie County Comprehensiv date of adoption of this Ordinance. D. CONFLICTING PROVISIONS Special acts of the Florida County, County Ordinan Ordinance are hereby E. SEVE If any portion of this inoperativ uch this Or PRO rc prop r circumst prop r circumstanc . F. This Ordinanc I be a 'qWG. FILING WI unty Ve s,0-7this Or to the r is hereby 110horized and lap of the Fut Land Use notation of reference to the lWorated areas of St. Lucie thereof, in conflict with this of such conflict. held or declared to be unconstitutional, shall not lWhe remaining portions of this Ordinance. If thereof shall be held to be inapplicable to any person, k1ding shall not affect its applicability to any other person, NANCE ble as stated in Paragraphs A, B and C. PARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS The Planning and Development Services Director shall send a certified copy of this Ordinance to the Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Ordinance No. 10-035 File No.: FLUMA-720104078 Page 3 I. EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10), Florida Statutes. J. ADOPTION After motion and second, the vote on this Ordinance was Charles Grande, Chairman Doug Coward, Vice -Chair Chris Dzadovsky, Commissioner Chris Craft, Commissi Paula Lewis, Commis PASSED AND DULY 4 Deputy Clerk ) OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Exhibit "A" LEGAL DESCRIPTION: Ordinance No. 10-035 File No.: FLUMA-720104078 Page 4 A parcel of land lying in Section 27, Township 36 South, Range 39 East, St, Lucie County, Florida, and being more particularly described as follows: Commence at the Northeast corner of Lot 66 according to the Plat of Reserve Plantation Phase I, as recorded in Plat Book 24, Page 20, of the Public Records, of St. Lucie County, Florida, said point being on the Southerly line 300.00 foot Ingress and Egress Easement known as 'Reserve Boulevard", and ded in Official Records Book 629, Pages 2523 through 2526 inclusive of th c Records, of St. Lucie County, Florida; Thence Southeasterly along the So sion of said 'Reserve Boulevard"; South 4871'37" East, a distance of 270 et to th inning of a circular curve concave to the Southwest having a radius 50.00 feet central angle of 2575'29"; thence Southeasterly along the arc d curve, an arc ce of 1035.97 feet to a point of tangency; thence South 2 ' 8" East, distance of 2 feet, to a point of curvature of a circular curve conca the iaving a radi f 1124.00 feet and a central angle of 3876'24"; thence er ng the arc of said curve, an arc distance of 750.83 feet, to a int of tange ence South 15"20'16" West, a distance of 434.07 feet, to a poin ature of ular curve concave to the East having a radius of 1300.00 feet an ngle of '08"; thence Southerly along the arc of said curve, an arc dista of feet t oint of tangency; thence South 18"14'52" East, a distance of 39 f of of curvature of a circular curve concave to the tLhaving of feet and a central angle of 18"43'35"; thence S aste long th of said curve an arc distance of 338.24 feet to a point of se curva of a c concave to the West having a radius of 25.00 feet and a I angle 1 "10'34"; nce Southwesterly along the arc of said curve a distance of fe th 12'07" West, a distance of 596.90 feet; thence N 7'53 dista .00 feet; thence South 5472'07" West, a distanc et a Point of Beginning; thence South 35"47'53" East, a dist f 403.31 the outh 5472'07" West, a distance of 666.09 feet; thence No 5"47'53" We di s of 571.88 feet; thence North 54"12'07" East, a distan 79.08 feet; t e No 9"12'07" East, a distance of 251.17 feet, to a point of curva of a curve cave to the South having a radius of 100.35 feet and a central ang 90"0010 thence Easterly along the arc of said curve a distance of 157.63 feet to int gency; thence South 80°47'53" East, a distance of 359.19 feet; thence Sou 3" East, a distance of 92.19 feet; thence North 5472'07" East, a distance of 13.5 to the Point of Beginning. Said parcel containing 9.9 acres, more or less. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Exhibit "B" FUTURE LAND USE MAP Ordinance No. 10-035 File No.: FLUMA-720104078 Page 5 Ordinance No. 10-035 File No.: FLUMA-720104078 Page 6 Exhibit "C" CONCURRENCY DEFERRAL AFFIDAVIT Supplement 4 St. Lucie County Concurrency Deferral Affidavit I, Soren spies , residing or doing business at 951 NW Country Club Dr. ." abve Pat Saint Lucie FL 349W 772.340.1444 CRY awe ---7W- have applied for a Small Area Future Land Use Amendment from St. Lucie County, Florida, Type or 00"b~ ordw for the following project: 9.9 ac. (moi) parcel located at the PGA Clubhouse within the Reserve DRI Maw of FrapoWd DeVeMpnWit Parcel ID Number(s): Apart of Parcel ID Number 3327-200-00014X00-4 I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County LDC, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Pffl=m NWM ("rNMI STATE OF Irlortdg. COUNTY OF The foregoing instrument was acknowledged before me this day of 20 tO by %-Ogf n So 4-er who is personally known to me or who has produced as identification. Commission Number (Seal) OIIINIKNM911110 . recoltlrellmt�aa>wrr: Wtlerratt,lmt! wrns.errrrra�r.u, ;:t Page 11 or 11 Revised: June 19, 2008 0 1 St. Lucie County 2 Planning and Zoning Commission/ Local Planning Agency 3 Roger Poitras Annex, Commission Chambers, 3rd Floor 4 September 16, 2010 Meeting 5 6:00 p.m. 6 In the event of a conflict between these written minutes and a compact disc recording, 7 the compact disc shall control. 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 I. CALL TO ORDER Chairman Mundt called the meeting to order A. Pledge of Allegiance B. Roll Call ` Craig Mundt ...................................... Pamela Hammer ............. .......... Edward Lounds................. Susan Caron ........................ .... Brad Culverhouse .................. ..... Tod Mowery . .............. Members Britt Reynolds . B icier -Chairman ission Member ission Member Offcio Member Heathe ng .......... ..................Assistant County Attorney Kara Woo .......... ..................Planning Manager Michael Brill ....................Business and Concurrency Manager Ron Harris ......... . .......................County Surveyor Britton DeWitt ...................................Senior Planner Diana Waite......................................Senior Planner Michelle Hylton ................................. Recording Secretary 35 C. Announcements 36 None. 0 DRAFT Page 2 of 8 37 D. Disclosure 38 Mrs. Hammer stated she had correspondence with the applicant and agents for PGA America. 39 Mr. Mundt stated he met with staff about all of the agenda items 40 41 II. MINUTES 42 Review the minutes from the August 19, 2010 meeting for approval. 43 Mr. Lounds moved to approve the minutes as written. 44 Ms. Caron seconded. The motion carried 6-0. 45 III. PUBLIC HEARINGS 46 A. Chapter 5 LDC Revisions 47 Petition of St. Lucie County to amend Chapter 5 of the Land Development Code of St. 48 Lucie County. Staff comments and presentation by Michael Brillhart. 49 Mr. Brillhart stated he is still in the process of obtaining information from the Institute of Traffic 50 Engineers so they are requesting a continuation to the November meeting. 51 Chairman Mundt opened the public hearing. 52 No one spoke. 53 Chairman Mundt closed the public hearing. 54 Mrs. Hammer made the motion to continue to November 18. 55 Mr. Culverhouse seconded. The motion carried 6-0 56 B. PGA Village FLUMA: Ordinance No. 10-035 57 Petition of PGA Village for a Small Scale Future Land Use Map Amendment from RS 58 (Residential Suburban — 2 du/acre) to COM (Commercial). Staff comments and 59 presentation by Britton DeWitt. 60 Ms. Young asked Mrs. Hammer whether there would be any financial gain to her or the PGA 61 Village Board of Directors. Mrs. Hammer stated that the PGA was not a member of the PGA 62 Village homeowners' association and any impact would affect all property owners in PGA 63 Village. Based upon Mrs. Hammers' comments, Ms. Young stated there did not appear to be 64 a conflict for Mrs. Hammer on the petition 65 Mrs. Hammer disclosed that she is not a member of PGA of America. Planning and Zoning Commission September 16, 2010 Minutes DRAFT 66 Mrs. DeWitt presented the petition. Page 3 of 8 67 Greg Boggs, of Lucido and Associates, representing the applicant, stated this would be a 68 phased project and the land use amendment is the first phase. He stated that in the future they 69 would submit a development application that would include a club expansion and lodge to 70 make an all inclusive resort environment. Mr. Boggs stated the team is here to answer any 71 questions. 72 The Commission discussed what would be allowed under the current approval, and about the 73 impact on existing hotels in the area. 74 Chairman Mundt opened the public hearing. 75 George Henderson, a PGA Village resident, spoke in favor of the petition, citing the financial 76 benefits of the proposed lodge and PGA America's positive impact on the area so far. 77 Tom Can, a member of PGA and a PGA Village resident, stated he believes there is an over 78 abundance of places to stay in the area. He stated though he is a member and all for the PGA, 79 he is reluctant to support the hotel at this time. 80 Peter Perry, a PGA Village resident, spoke in favor of the petition. He stated PGA is a vital 81 business partner to the county, and he believes any development by them will be a positive 82 enhancement and contribute to long-term values. 83 Gene Antuna, a member of PGA, and a PGA Village resident, spoke in favor of the petition. He 84 stated he moved here because of PGA, and he believes supporting this is the best for them 85 and us. 86 David Gallup, a PGA Village resident, spoke in opposition to the petition, and stated he think it 87 would negatively affect the other hotels in the area. 88 Chairman Mundt closed the public hearing. 89 Mr. Mowery asked if the request was only for a small-scale amendment because he saw a 90 reference to an accompanying major adjustment to the PNRD petition. 91 Mrs. DeWitt stated in the pre -application letter there was talk of doing the adjustment at the 92 same time, but the applicant will not come forward until after approval of the land use 93 amendment. 94 Dennis Murphy, of Culpepper and Terpening, representing the applicant, stated they had 95 originally intended to submit both applications at the same time, but they decided to do the 96 plan amendment first, and then bring the major adjustment afterwards. Planning and Zoning Commission September 16, 2010 Minutes DRAFT Page 4 of 8 97 Mr. Culverhouse disclosed he was senior counsel and chairman of the bankruptcy practice 98 division of Sachs Sax Caplan, who represented Associations within PGA Village. 99 Mr. Lounds stated he finds it rewarding that PGA would like to bring a benefit to St. Lucie 100 County during this economic situation. He believes corporate America will bring their sales 101 force and customers to the resort and the other area hotels will get the overflow. Mr. Lounds 102 stated he thinks it will stimulate the county's economy. 103 Mrs. Hammer asked why the amendment area was 9.9 instead of 10 acres 104 Mr. Murphy stated commercial land use amendments less than 10 acres may be approved at 105 the local level, rather than the state level, though the same standards of review need to be 106 met. Mr. Murphy stated lodging is not allowed in the RS-3 land use so they have to change to 107 Commercial. 108 Mrs. Hammer stated her concern that the land use change will open up the possibility of 109 commercial uses other than the lodge. Ms. Hammer also stated concerns regarding the height 110 of the proposed lodge, and a flooding issue in the area. 111 Mr. Murphy stated though other uses could be applied, they would have to provide a specific 112 list of activities that will take place on the property when they go through the PNRD approval 113 process and the ultimate control will rest on the Board of County Commissioners. He stated 114 they are not in a position to commit to any height at this time because it is a design issue that 115 will be addressed as part of the PNRD. 116 Bob Baldassari, General Manager and PGA Professional at PGA Village, stated PGA brings a 117 lot of credibility and prestige to St. Lucie County, and they are not going anywhere. Mr. 118 Baldassari stated PGA has an ownership stake at the Hilton Garden Inn and would not want to 119 take away from that business. He stated the lodging component is years away. Mr. Baldassari 120 stated they are looking at ways to solve the flooding issue. 121 Mrs. Hammer stated she is disappointed there is no commitment to a height restriction, and 122 there was nothing in writing that this would strictly be a hotel. 123 Ms. Caron stated her concern they are being asked to trust PGA and in prior experience has 124 been let down by applicants that changed their plans after preliminary approval. 125 Mr. Murphy stated PGA of America has represented consistently during its tenure in St. Lucie 126 County that they will do a first class job in whatever they do. He stated he could not state a 127 specific height number because they have not finished the designs. 128 The Commission continued to discuss what may be approved with the petition, and their level 129 of comfort with it. Planning and Zoning Commission September 16, 2010 Minutes e DRAFT Page 5 of 8 130 Ms. Young stated the petition is a future land use amendment and it is not appropriate to 131 attach conditions to that approval or denial, if it is approved it will come back as an amendment 132 to the PNRD and at that time you will have more specific things to suggest. 133 Mr. Mundt stated the PNRD gives us the opportunity to shape a project to the benefit of 134 everyone. He stated he had not heard an objection from any hotels, or the Treasure Coast 135 Regional Planning Council. Mr. Mundt stated he has attended Tourist Development Council 136 meetings and PGA attends and is supportive of tourism in the area. Mr. Mundt stated staff 137 supports it, and it will go to the BOCC who have the community's interest at heart. He stated 138 he will support this. 139 Mrs. Hammer asked if the land use change is approved, and the applicant came back with a 140 PNRD application for an industrial use, would that be approved. 141 Ms. Young stated it would not be automatic, but it allows them to apply for those uses. 142 Mr. Mowery stated this is part of a DRI and there are certain intensities that are provided for 143 and if they are exceeded it would need to go through an NOPC process, which is difficult. 144 Mr. Lounds made the motion: 145 After considering the testimony presented during the public hearing, including 146 staff comments, I hereby move that the Planning And Zoning Commission of St. 147 Lucie County recommend that the St. Lucie County Board of County 148 Commissioners approve the petition of PGA Reserve Inc., for a small-scale 149 amendment to the Future Land Use Map from RS (Residential Suburban — 2 150 Du/Acre) to COM (Commercial) because I think it will enhance the economy, 151 enhance the surrounding property, and I think it brings a lot of ingenuity to the 152 area. 153 Mr. Culverhouse seconded. The motion carried 5-1 with Mrs. Hammer dissenting. 154 (Mrs. Hammer left the Commission) 155 C. ROW Protection Map in LDC: Ordinance No. 10-036 156 Petition of St. Lucie County for a Text Amendment to the Land Development Code to 157 include the Right — of — Way Protection Map in Section 7.05.03. Staff comments and 158 presentation by Britton De Witt. 159 Mrs. DeWitt presented the draft map and proposed amendment. Planning and Zoning Commission September 16, 2010 Minutes DRAFT Page 6 of 8 160 The Commission discussed why some of the changes were made to the map, and why it 161 would be moved from the Comp Plan to the Land Development Code with the assistance of 162 Mr. Harris. 163 Mr. Culverhouse asked whether specific roads were acquired yet. 164 Mr. Harris stated some of the proposed rights of way are developer driven, so the map will give 165 the County the legal right to request the right of way from the developer for impact fee credits 166 and or cash. 167 Mr. Mowery asked whether staff was comfortable with the fact that every time a change is 168 made to this map once it is in the LDC it will have to come before the Commission. 169 Mrs. DeWitt stated the amendments to the Comprehensive Plan are a more onerous process 170 than the amendments to the Code. 171 Mr. Harris stated in order to give us the legal right to exact the right of way from the developer; 172 it needs to have Board and Local Planning Agency review. 173 Ms. Young stated that is correct, by having it be formally adopted, it gives us protection, and it 174 makes it easier for developers to look at what is around their property. 175 Chairman Mundt opened the public hearing. 176 No one spoke. 177 Chairman Mundt closed the public hearing. 178 Mr. Lounds made the motion: 179 After considering the testimony presented during the public hearing, including 180 staff comments, I hereby move that the Planning and Zoning Commission of St. 181 Lucie County recommend that the St. Lucie County Board of County 182 Commissioners approve the text amendment to the Land Development Code to 183 include the updated Right -of -Way Protection Map because I think it provides us 184 with a consistent view of future land developments in St. Lucie County. 185 Ms. Caron seconded. The motion carried 5-0. 186 D. Solar Energy Ordinance: Ordinance No. 10-034 187 Petition of St. Lucie County to amend Chapters 2, 3, 4, 7 and 8 of and Land Development 188 Code relating to Solar Energy. Staff comments and presentation by Diana Waite. Planning and Zoning Commission September 16, 2010 Minutes DRAFT Page 7 of 8 189 The Commission discussed the types of solar usage covered in the ordinance, and incentives 190 that may be offered to encourage solar use. 191 Chairman Mundt opened the public hearing. 192 No one spoke. 193 Chairman Mundt closed the public hearing. 194 Mr. Lounds made the motion to recommend approval of Ordinance 10-034. 195 Mr. Mowery seconded. The motion carried 5-0. 196 E. Eminent Domain Waivers Ordinance: Ordinance No. 10-033 197 Petition of St. Lucie County to amend the St. Lucie County Land Development Code to 198 provide for Eminent Domain Waivers by amending Section 2.00.00 "Definitions" to 199 include definitions of Acquiring Authority and Eminent Domain Waiver; further 200 amending Chapter 10 to add Section 10.03 "Eminent Domain Wavier" to provide for a 201 waiver where Eminent Domain action renders a site non -conforming; amending Board 202 of Adjustment power to include these waivers; providing for conflicting provisions; 203 providing for applicability; providing for severability; providing for filing with the 204 Department of State; providing an effective date; providing for adoption and providing 205 for codification. Staff comments and presentation by the County Attorney's Office. 206 Ms. Smith presented the ordinance. 207 The Commission discussed how the property owners' rights would be affected under this 208 ordinance. 209 Mr. Culverhouse suggested adding limiting language to the ordinance stating it would not be 210 introduced into evidence in any trial on the issue of severance damages. 211 Mr. Mowery suggested since there is no time constraint, the item be continued to review the 212 cases Mr. Culverhouse cited. 213 The Commission further discussed how the property owners' rights would be affected under 214 the ordinance. 215 Mr. Mundt stated based on the comments we will send this back for further discussion, and he 216 would like Mr. Culverhouse to meet with the County Attorney's office about it. 217 Chairman Mundt opened the public hearing. 218 No one spoke. Planning and Zoning Commission September 16, 2010 Minutes DRAFT Page 8 of 8 219 Chairman Mundt closed the public hearing. 220 Mr. Lounds made the motion to continue the Ordinance to November 18, 2010 at 6:00 221 PM or as soon thereafter as possible. 222 Mr. Mowery seconded. The motion carried 5-0. 223 OTHER BUSINESS 224 Ms. Young stated Mrs. Hammer has been provided with a conflict memorandum for 225 Hardscapes from the last meeting, and we will provide copies of that to the Commission. 226 Mr. Lounds thanked staff for an interesting evening. 227 Mr. Mundt asked the Commission if they would like to combine November and December's 228 items in the November meeting. The Commission concurred. 229 IV. ADJOURN 230 There being no further business, the meeting adjourned at 8:55. Planning and Zoning Commission September 16, 2010 Minutes ■ usiness U Mismunn 0 IDOW Z • � LLI L 2 ~ W N 0 y Q Z Z CQ z G � = J 0 c > m Q C� 0 Da J (n ect C O N E C f0 C c>s Qi a o Z N C a o .� > U Q cq 0 Of O yy X at$ N N m E 7 ZCL O E o f- 7 i Z (D a to N O Q C (T) U R. :14 •6 CX Rol H r G z O r N 00 O f PAGE B 6 d F R I D A Y, OCTOBER 8, 2 0 1 0 n T C P A L M. C O M n S L PORTST.LUCIE Wells Fargo to offer loan relief liberty Medical lays off workers By PAUL OWERS San Francisco -based 60 days delinquent or fac- and higher loan balances. Liberty Medical Supply based in Port St. Lucie, is lay- Sun sentinel Wells Fargo agreed to take ing default Analysts say mortgage- ingoff an unconfirmed number of workers, the mmpagv More than 4000 Florida over Wachovia in October The homeowners will be balance forgiveness is the announcedThutsday night. homeownerswillbeeligible 2008. considered for the Obama most effective way to end "Liberty's business is strong and it is growing It has for Ickm modifications and Wells Fargo will offer administration's Home the housing debacle added hundreds of jobs over the pastfew years.However: mortgagebaiance forgive- loan modifications totaling Affordable Modification The federal govern - as the business changes and grows, the company had a ness totaling nearly S388 about VM million to 8,700 Program. If borrowers ment and Bank of Amer- needtoadjust its work force based an itsempkrycws'skills, million under an agree- homeowners in Florida, don't quality or choase not ica announced plans this andasaresult thecompzny madesomernmorreduc[ions ment Wells Fargo Arizona, Colorado, to accept those modif-ica- year to reduce mortgage to its staff," Jennifer Luddx the company's senior public Bank reached Illinois, Nevada, [ions, Wells Fargo willcon- balances. affairs manager; told WPTV NewsChanrkel& with eight New Jersey, Sider the borrowers for its Critics, though. say the Liberty Medical provides diabetes testingmaterials and states, Flor- Texas and new program, called Mort- practice remains rare. other medical supplies. ida Attor- - Washington gage Assistance Program In 2008, McCollum ney General state 2, McCollum said. announcedasimilaragree LAKEWOOD PARK Bill McCol- The e bank Wells Fargo custom- ment with Countrywide Larger McDonald's opens doors lum said I also will pay ers who received mort- FinancialCorp.,nowowned Wednesday E2.4 million to gages through Wachovia by Bank of America. The newly rebuilt Lakewood Park McDonald's has The pact helpstatesrewh or World Savings should The agreement called reopened with almost double the employees, 6B staff up settles allega- out to customers call (888) 5651422 for more for loan modifications for from 35 when the old store closed this summer tions of deceptive with the risky loans. information 57,000 Florida homeown- In July, owner and franchisee Akhtar Quiraishi tore marketingof option adjust- The agreement calls for McCollum said the banks es and foreclosure relief downthe former McDonald's buikiingat 48M Kings High- able rate loans. more than $208 million in allegedly failed to explain payments of about $5,000 to way at Indrio Road to build a larger McDonald's store These "pick -a -payment" mortgageprincipalforgive- that minimum payments Z700 homeowners. The 3,4Wsquare-1oot restaurant combines the new cor- mortgages helped fuel the nessforF7oridaborrowers, due in the fast years of But Kohn said his di- porat—tali not design with the Mediterranean architec- devasti inghousingdown- McCollum said in a news the loans would not satisfy ants have yet to receive Lure preferred in St. Lucie County turn that began in 2006. release the full amount of accrued assistance. It also includes a McCafe coffee station, fruit smoothies, The loans were made by Wells Fargo will offer interest. When it was acquired by free Wi-Fi and flat -screen TVs. Wachovia Corp. and a com- loan modifications starting Borrowers eventually Wells Fargo, Wachovia was A grand opening is scheduled for Oct. 16 with specials, pany it acquired, World Dec luntilJune,30,2013,to were hit with sharply the biggest bank by market activities and an appearance by Ronald McDonald. Savings Bank. borrowers who are either higher monthly payments share in Florida. Fn sn stay reports ON THE MOVE PORT ST. LUCIE Fowler speaks at senior advocacy meeting Attorney MirhaelD. Fowler, of The Estate, Trust& Elder Law Firm PL, in Port St. Lucie, was one of the guest speakers at the Sept. 30 meetingof the Treasure Coast Advocates for Seniors Fowler discussed the aid and attendance pension benefit. He is a Veterans Administratim-acc ed- ited attorney and is board -certified by the Fowler Florida Bar melderlawand wills, trustsand estates. Staff report EXECUTIVE PLANNER NEW LISTINGS Jenten Beach Chamber Of Commerce: No, tangle nerworkog Chang Cmopractc, 1803 N.E. Jensen Beech Blvd., Jensen Beads, 5:30-7 p.m., Od. t2. 45. Reservation: (772) 334-3444. Jensen Beach Chamber Of Commerce: Networkkp kncheon. Shuders Resourant, 9800 S. Ocean [kwe, tkrtmosm blaM, Jemen Beath, t:45 am. 1 p.m., Oct. 21. 420. Reservation (772) 3343W. DATED MEETINGS Cofhe With The Port SL Lunde Mayor: Port St. Lurie Community Center, 2B5 S.E. Airoso Blvd, Port Sr. Lucia 8:30 am., Oct 8, Martin County Chamber Of Commerce: Annual nsta8anon Bala Mariner Sands Country Club, 6500 S.E. Manner SaMs Oise, Swart 6.30 p.m. cocktails and hors doames; 7.30 p.m. diner. Oct 9. SOO Members of Tickets: (772) 287-10BB: spar mertrchanner.org Planning Charrette: Gman Jobs, knovaton Condor. Fero Career, Treawre Coast Rweardn Park 2D00 VnInks Are., 9,30 am: S p.m., Oct. 9. RSVP. (772) 462-2822 woodktalstucem.ag REGULAR MEETINGS Florida Small Business Development Center: M."emem comsaeg for sm*bdahess owners. RISC, 3208 Wgnda Ave., Fort Pierce. Build ng E, Room W, 8 am: 5 p.m., MoMml-Fnday (888) 283- 1177. TREASURE COAST STOCK SPOTLIGHT «e �" eaq� a emend Servxxtp song xxnp" wegmn wwnrnpo TCPAL N COW Track ary stock, create your custom portfolio HNANLIAL AVVILE HITS HOME k ■Svppe'frWNR c;oMtl�ewtplpes Air -conditioner rebates in limbo money for another rebate analyst in the governor's a separate program also is Red tape in offer on new energy-sav- energy mice. being held up. Tallahassee holding mg centre' am condition- Now, the application Brenda Buchan, chief ers, a program that kicked form is unavailable at analyst in the governor's up payments to off Aug. 30. But despite the state website created energy office, estimated applicants the extra boost in cash, for the program, rebates. the air -conditioner rebate that program remains in com/flondahvac. Instead, program could pump SW --- limbo. there is a link to Crisi's million into Florida's BY NIRVI SHAM That's because the letter urging Senate Presi- economy Miami H—N money hadn't been offi- dent Jeff Atwater, R-Palm The appliance rebate Despite the frenzy sue-- cially approved by the Beach Gardens, and House from last spring is esti- rounding last spring's state for a/c rebates by the Speaker Larry Cretul, mated to have injected rebates for new energy- time it kicked off, and a R-Ocala, to act. The freeze $51 million into the state's efficient refrigerators, special legislative commis- means another $13.9 mil- economy and generated dishwashers, washing sion declined Gov. Charlie hon intended for rebates about $3.6 million in in machines and other appli- (,list's request to authorize on solar panels as part of revenue. ances — all of the mousey spendingthemoneywhile, was claimed in about a it woriced mother adjust - day and a half — the state mints to the state budget had about $2.4 million in in mid -September. The rebates left over after the rebates were advertised last check was mailed in as being worth $1,500 for September Floridians who installed That money was held new energy -efficient cer- back from people who tral air coalitioners, geo- applied for rebates but thermal heat pumps and bought an appliance that air source heat pumps by didn't quaff; bought at the Dec. 31 or earlier if the wrong time, bought online money were exhausted. instead of at a store or lived On paper, the state has out of state, among other enough money for about reasons. 10,000 new air condition - The leftovers from what es. So far the state has started as a $17.5 million reeivedaboutl,6BDappli- pot were combined with cations for rebates, said $15 million in new federal Brenda Buchan, chief LAW OFFICES OF ERic G. OLsEN 1333 NE 1. — lk d aode vrd ­8 + EGOLAW.com 772-225-3393 -AMMM L -uI Ilrn rued eswr mevpn enee pirorw) wTrMer corn �': ,: l,ar nturrvrp {nvn rrvn:e, nJl Mire dad rdetl,n NbrM tt4r ll, rnr Mvr a pau fa Ina tl Md N.n N �Cnoms M e pre- o/ Hrw le/ppt mN rpniretion Ma � Lum� �pu�Nrve BMenefro Mien eeXcwi sen shhwer w Mre in steno n. iwvneno a Bann. amen a sin Y lucn~fm,ssaPrd..M e�p m. mncudny aesc,pe ¢ Idbx.. Lmmmce n one Smn.rh den, d aOarylm� In Bud ea.rP.pn am Nnue naa maim oBd. Pud,c Wauec. d h 1uc.cLa.+., RwC., iMce SaMn.urM dens d. sawM swndm of m'so�"w�a yvi d a' - oMwy Yme m�'.nLol..e u,n. arc. amen ,sale" Wnl. dwm ..m.d .w�.do ma.d.m. mdna.ende m .a. .end d., I awlLmm � m rf' m.donan s.,..m vm."a.d dn.n d.d.a d xmr„urn. �wm., time nw�. em,na nor,,. w...di uze.tnu edceaaMLanmdw nenN nM .idr we.enN0.5^udai Meeting Time: 6:00 PM (or soon thereafter) Addressed to: Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Applicant PGA Reserve Inc., 951 SW Country Club Dr Port St. Lucie, FL 34986 Agent Brian Nolan Lucido & Associates 100 Avenue A, Suite 2A Ft. Pierce, FL 34950 Property Location 1920 Perfect Dr Port St. Lucie, FL Future Land Use From RS (Residential Suburban - 2 du/acre) to COM (Commercial) Zoning PNRD (Planned Non -Residential Neighborhood) Staffs Recommendation Approval Ci Qe� N t.� A PUBLIC HEARING NOTICE October 19, 2010 PGA Village Small Scale Future Land Use Map Amendment Y- RS c '1 RS \ \\ cold _ RS - coM coM 0 - core RS RGG!lfG�? w. k RS s �. RS > ;o- ® SuD)ec' property sr r County Imo Lama we tort u. pow F tam ur N RS R sdsma5 dxW ;1 a.'mt 1 a^.3f.wl V r 5:�+.cac A CiCf of Port 5t. Lucie Project Description PGA Reserve Inc. is petitioning for a change in the Future Land Use of a 9.9 acre parcel from RS (Residential Suburban- 2 du/acre) to COM (Commercial). Background The purpose of the amendment, as stated by the applicant, is to allow expansion of the existing PGA Golf clubhouse complex and new lodging facility to serve the PGA golf facilities located in the Reserve Development of Regional Impact (DRI). The PGA golf clubhouse complex is authorized under the Final Development Order of the Reserve DRI for approximately 90,000 square feet of overall non- residential commercial/office use. The clubhouse is proposed for ex- pansion by approximately 15,000 square feet. This leaves 65,000 square feet of undeveloped com- mercial square footage (based upon the approved PNRD master plans for the clubhouse complex) that can be used for either commercial or con- verted use purposes. The Board of County Commissioners strongly encourages your input and comment at the public hearing. You may also mail or email written com- ments in advance of the public hear- ing for inclusion in the official record regarding this proceeding. Further details are available in the Planning & Development Services Department, please contact: Staff Britton De Witt Senior Planner Tel. 772-462— 2822 Email Wilsonb@StLucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 Anyone with a disability requiring ac- commodation to attend this meeting may contact the SLC Community Ser- vices Director at least 48 hours in ad- vance at 772-462-1546 or TDD 772- 462-1428. Mail Date: 10/04/ 10 LEGAL DESCRIPTION: A parcel of land lying in Section 27, Township 36 South, Range 39 East, St. Lucie County, Florida, and being more particularly described as follows: Commence at the Northeast corner of Lot 66 according to the Plat of Reserve Plantation Phase I, as recorded in Plat Book 24, Page 20, of the Public Records, of St. Lucie County, Florida, said point being on the Southerly line, of a 300.00 foot Ingress and Egress Easement known as "Reserve Boulevard", and recorded in Official Records Book 629, Pages 2523 through 2526 inclusive of the Public Records, of St. Lucie County, Florida; Thence Southeasterly along the Southerly extension of said "Reserve Boulevard"; South 48°11'37" East, a distance of 270.27 feet to the Beginning of a circular curve concave to the Southwest having a radius of 2350.00 feet and a central angle of 25°15'29"; thence Southeasterly along the arc of said curve, an arc distance of 1035.97 feet to a point of tangency; thence South 22°56'08" East, a distance of 732.22 feet, to a point of curvature of a circular curve concave to the West, having a radius of 1124.00 feet and a central angle of 38°16'24"; thence Southerly along the arc of said curve, an arc distance of 750.83 feet, to a point of tangency; thence South 15°20'16" West, a distance of 434.07 feet, to a point of curvature of a circular curve concave to the East having a radius of 1300.00 feet and a central angle of 33°35'08"; thence Southerly along the arc of said curve, an arc distance of 762.03 feet to a point of tangency; thence South 18°14'52" East, a distance of 784.39 feet, to a point of curvature of a circular curve concave to the Northeast having a radius of 1034.87 feet and a central angle of 18°43'35"; thence Southeasterly along the arc of said curve an arc distance of 338.24 feet to a point of reverse curvature of a curve concave to the West having a radius of 25.00 feet and a central angle of 91'10'34"; thence Southwesterly along the arc of said curve a distance of 39.78 feet; thence South 54°12'07" West, a distance of 596.90 feet; thence North 35°47'53" West, a distance of 140.00 feet; thence South 54°12'07" West, a distance of 554.05 feet to the Point of Beginning; thence South 35°47'53" East, a distance of 403.31 feet; thence South 54°12'07" West, a distance of 666.09 feet; thence North 35°47'53" West, a distance of 571.88 feet; thence North 54' 12'07" East, a distance of 79.08 feet; thence North 09°12'07" East, a distance of 251.17 feet, to a point of curvature of a curve concave to the South having a radius of 100.35 feet and a central angle of 90°00'00"; thence Easterly along the arc of said curve a distance of 157.63 feet to a point of tangency; thence South 80°47'53" East, a distance of 359.19 feet; thence South 35°47'53" East, a distance of 92.19 feet; thence North 54°12'07" East, a distance of 13.50 feet to the Point of Beginning. Said parcel containing 9.9 acres, more or less. AFFIDAVIT COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS STATE OF ? COUNTY OF ) being first duly sworn deposes and states: I am the owner or the agent for (insert owner's name) for the following petition: (insert petition number). I hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St. Lucie County Land Development Code for the (insert date) public hearing to be conducted by the (insert entity name) on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by St Lucie County Growth Management on (date). The following required documentation is attached: A. Dated Photo (Close up) B. Dated Photo (Distant) ! Further affiant sayeth not. (Name of Affiant) STATE OF } COUNTY OF ) The foregoing instrument was acknowledged before me this i i' t day of -E 200 , by ; o, --, j 0w''; _. Said person (Check one) `4 is personally known to me, produced a driver's license (issued by a state of the United States within the last five (b) years as identification, or produced other identification, to wit Notary Public, State of Typed or Printed Name of Notary Commission No`:;,� My Commission expires: L EBRA L. WELCH My CL MMISS`f I DO 971 WO EX? RCS jUlle 2S2014 ,th..R aw PVHM, 6nderwri*, Small Area Future Land Use Map Amendment 0. PGA Village St. Lucie County, Florida PGA Golf Properties 951 SW Country Club Drive Port Saint Lucie, FL 34986 July 16, 2010 lu'-dd ? associates Table of Contents Exhibit Site Aerial Exhibits Exhibit B: Existing Future Land Use Exhibit Exhibit C: Existing Use of Land Exhibit Exhibit D: Legal Description and Sketch of Legal Exhibit E: Treasure Coast Regional Planning Council Memo Exhibit F: Pre -Application meeting response Letter Exhibit G: Main Development Application Exhibit H: Map Change and Text Amendment Supplement Application Exhibit 1: Shared Parking Analysis Exhibit ]: Reserve DRI: Transportation Conditions Memo Exhibit K: Service Capacity Verifications Exhibit A Site Aerial Exhibits N Miles I L- 0 0.5 Area of Small Area Future St. Lucie West Blvd. Land Use Map Amendment PGA Clubhouse Site Aerial Exhibit Legend PGA Clubho:us]e 'IN NI laxo&associates I rl LI f] Legend * PGA Clubhouse N PGA Clubhouse Feet Site Aerial Exhibit 0 100200 400 Iti cido&associates Exhibit B Existing Future Land Use Exhibit N Feet 0 100 200 400 Legend PGA Clubhouse RS PM ROW PGA Clubhouse Existing Future Land Use Exhibit � V lu oSzassociates Exhibit C Existing Use of Land Exhibit Single Family Residential A Area of Small Area Future Area of Small Future a F e u t u r Us e p Land Use Map t Amendment 9 9 9 c) .9 Ac) Golf Course Clubhouse Facility 5 N Feet Fli-L7--� 0 100200 400 Single Family Residential N Multi Family Residential Multi Family Residential 1/4 Mile Radius Single Family Residential J V Golf Course Legend PGA Clubhouse Amw PGA Clubhouse Existing Use of Land Exhibit d�ft�,&6& assoc i ates Exhibit D Legal Description and Sketch of Legal LEGAL DESCRIPTION A parcel of land lying in Section 27, Township 36 South, Range 39 East, St. Lucie County, Florida, and being more particularly described as follows: Commence• at the Northeast corner of Lot 66 according to the Plat of Reserve Plantation Phase I, as recorded in Plat Book 24, Page 20, of the Public Records, of St. Lucie County, Florida, said point being on the Southerly line, of a 300.00 foot Ingress and Egress Easement known as `Reserve Boulevard", and recorded in Official Records Book 629, Pages 2523 through 2526 inclusive of the Public Records, of St. Lucie County, Florida; Thence Southeasterly along the Southerly extension of said "Reserve Boulevard" South 4811'37" East, a distance of 270.27 feet to the Beginning of a circular curve concave to the Southwest having a radius of 2350.00 feet and a central angle of 25'15'29" thence Southeasterly along the arc of said curve, an arc distance of 1035.97 feet to a point of tangency; thence South 22'56'08" East, a distance of 732.22 feet, to a point of curvature of a circular curve concave to the West, having a radius of 1124.00 feet and a central angle of 38'16'24'; thence Southerly along the arc of said curve, an arc distance of 750.83 feet, to a point of tangency; thence South 15'20'16" West, a distance of 434.07 feet, to a point of curvature of a circular curve concave to the East having a radius of 1300.00 feet and a central angle of 33'35'08" thence Southerly along the arc of said curve, an arc distance of 762.03 feet to a point of tangency; thence South 18'14'52" East, a distance of 784.39 feet, to a point of curvature of a circular curve concave to the Northeast having a radius of 1034.87 feet and a central angle of 18'43'35', thence Southeasterly along the arc of said curve on arc distance of 338.24 feet to a point of reverse curvature of a curve concave to the West having a radius of 25.00 feet and a central angle of 9110'34'; thence Southwesterly along the arc of said curve a distance of 39.78 feet; thence South 5412'07" West, a distance of 596.90 feet; thence North 35'47'53" West, a distance of 140.00 feet; thence South 54'12'07" West, a distance of 554.05 feet to the Point of Beginning; thence South 35'47'53" East, a distance of 403.31 feet; thence South 5412'07" West, a distance of 666.09 feet; thence North 35'47'53" West, a distance of 571.88 feet; thence North 5412'07" East, a distance of 79.08 feet; thence North 09'12'07" East, a distance of 251.17 feet, to a point of curvature of a curve concave to the South having a radius of 100.35 feet and a central angle of 90'00'00" thence Easterly along the arc of said curve a distance of 157.63 feet to a point of tangency; thence South 80'47'53" East, a distance of 359.19 feet; thence South 35'47'53" East, a distance of 92.19 feet; thence North 54i2'07" East, a distance of 13.50 feet to the Point of Beginning. Said parcel containing 9.9 acres, more or less. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT—OF—WAY AND/OR EASEMENTS OF RECORD -- --------------------- MICKAEL T. KOLODZIE ZYK PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 3864 DESCRIPTION CLUBHOUSE FUTURE LAND USE AMENDMENT Prepared For PGA OF AMERICA 7_ ) 3 - Za� SIGNATURE DATE Sheet 1 of 2 File: 09-090 SD CULPEPPER & TERPENING, INC 9.9Acre.dwg CONSULTING ENGINEERS I LAND SURVEYORS Date: 7-13-2010 2980 SOUTH 25t6 STREET FORT PIERCE, FLORIDA 34981 PHONE 772-464-3537 FAX 772-464-9497 Tech: SB Nvww.ct-eng.corn STATE Of FLORIDA CERTIFICATION No. LB 4286 •a aol d °.�•�� o °! 'N' � o�� J � `r?1 s �1 �1' of 'A\ �y 60, SJ a ! �' yo. °l !9 e" !9 • J�j J lU SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY POC NORTHEAST CORNER LOT 66 RESERVE PLANTATION PHASE I SOUTHERLY UNE OF A 300.00 (P.B. 24, PG. 20) FOOT INGRESS/EGRESS EASEMENT RESERVE BOULEVARD \ (O.R.B. 629, PG. 2523) 548'17' z7o.2.2T S15'20'16"W r434.07' 6=25'15'29" L L=762.03' A=33'35'O8" S78'14'S2"E R=1300.00' 78*14 CB=SO1'27'18"E CD= 751.17' R=2350.00' L=1035.97' S22'56'08'E CB=S35'33'52"E 732.22' CD=1027.60' 6=38'16'24" R=1124.00' L=750.83' CB=S03'47'56"E CD=736.95' �'ur G��1Q�'P ph v ha• � 9(•/ ti E 359.19. gyahti POB % Ate. ss� F �s 9.9 ACRE PARCEL SKETCH OF DESCRIPTION OF CLUBHOUSE FUTURE LAND USE AMENDMENT Prepored For PGA OF AMERICA D R =INCLUDED ANGLE / R =RADIUS L = ARC LENGTH CB = CHORD BEARING CD = CHORD DISTANCE `9- CIR = CIRCLE G0\' O� PG = PAGE FIB = PLAT BOOK I J�aQ� POB = POINT OF BEGINNING lll... POC = POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR IS 0 100 400 THE SOUTHWEST LINE OF RESERVE BOULEVAR L.i k===4 I ASSUMED TO BEAR SOUTH 22*56*08" EAST AND ALL SCALE IN FEET OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. Sheet 2 of 2 'ile: 09-090 SD CULPEPPER & TERPENING, INC 9.9Acre.dwg CONSULTING ENGINEERS I LAND SURVEYORS )ate: 7-13-2010 2980 SOUTH 25th STREET F - FORT PIERCE, FT.ORIDA 34981 PHONE 772-464-3537 FAX 772-464-9497 ech: SIB'v\v-'v.ct-eng.c0m STATE OF FLORIDA CER71FICATION No. LB 4286 Exhibit E Treasure Coast Regional Planning Council Memo TREASURE COAST REGIONAL PLANNING COUNCIL INDIAN RIVER - MARTIN - PALM BEACH - ST. LUCIE July 27, 2010 Greg Boggs, RLA Lucido & Associates 100 Avenue A, Suite 2A Fort Pierce, FL 34950 Subject: The Reserve Development of Regional Impact Dear Mr. Boggs: This letter is in response to your letter of June 2, 2010 requesting that Treasure Coast Regional Planning Council provide a letter agreeing that the addition of a lodge to the existing clubhouse at PGA Village in The Reserve Development of Regional Impact would not constitute a Notice of Proposed Change (NOPC). Based on the information provided in your letter, as well as information receive by Peter Merritt in a telephone conversation with you on June 21, 2010 and by email on July 22, 2010, the proposed renovations to the clubhouse area will not require a change to the Master Plan or a change to the Development Order. Therefore, Council concurs that the proposed activities will not require submittal of an NOPC, provided the conversion methodology included in the Development Order is properly applied. Please contact me or Peter Merritt if you have any questions. Sincerely, Michael J. Busha, AICP Executive Director MJB:pgm cc: Kristen Tetsworth, St. Lucie County "Regionalism One Neighborhood A t A Time" • Est. 1976 42 1 S. W. Camden Avenue - Stuart, Florida 3 4 9 9 4 Phone (772) 221-4060 - Fax (772) 221-4067 - www.tcrpc.org Exhibit F Pre -Application Meeting Response Letter lucido& associates July 16, 2010 Kristin Tetsworth, Senior Planner St. Lucie Co. Planning & Development Services Planning Division 2300 Virginia Avenue Ft. Pierce, Florida 34982 Re: PGA Reserve — Small Area Future Land Use Map Amendment for future Clubhouse Expansion (Our Reference Number: B09-13LP) Dear Ms. Tetsworth, W7e are in receipt of your letter dated Nlay 3, 2010, wherein you provided an overview of and responses to questions raised in our meeting held on April 29, 2010 as it related to the above referenced project. Many subjects were discussed in the aforementioned meeting, however, I would like to address the points you raised in your above referenced letter as it relates to the Small Area Future Land Use Map Amendment to allow for expansion of the existing clubhouse facility to accommodate lodging (hotel) facilities; specifically, the requested justification statements to St. Lucie County Comprehensive Plan ("Comp. Plan") Policies 1.1.8.1 through 1.1.S.11 and question # 8 (8b and 8c). Outlined below, beginning with Comp. Plan Objective 1.1.8, are justification statements in bold italics below. Objective 1.1.8: Property owners investments, their quality of life and the single family neighborhood, as a defined residential area, shall be protected from the encroachment of commercial and/or other inappropriate land uses through consistent predictable application of the Land Development Regulations. This requested amendment to the St. Lucie County Comprehensive Plan is to provide for a change in Future Land Use designation for a 9.9 acre (mol) parcel of land located in the Reserve (PGA Village) Development of Regional Impact - PGA Clubhouse Area, from the RS (Residential Suburban) to COM (Commercial) Future Land Use designation. The proposed designation of this property to the COM Future Land Use designation is for the purpose of providing the opportunity to construct a new/replacement PGA Golf clubhouse complex and administrative support area and a new golf lodging facility that will serve the existing PGA golf facilities located at the Reserve. Final footprints for the new/replacement PGA Golf clubhouse complex and the new lodging facility have not yet been completed; however, the approximate square footage of the new/replacement clubhouse complex is 30-35,000 sq. ft. In addition, it is the objective of the petitioner to construct approximately 100 hotel units in a new golf lodging facility that will be located on this site. While land uses in this area are predominately residential (refer to Exhibits B and C), the redesignation of this property to a Commercial (COM) Future Land Use Classification, when considered along with the accompanying petition for Major Adjustment to the sites current PNRD (Planned Non -Residential Development) zoning approvals in order to permit the new PGA Golf clubhouse complex and golf lodging facility, would not be considered inconsistent with other land uses found in the area. Application of the PNRD zoning district to this property allows for a narrow definition of the potential future uses on the property, where any deviation from these identified uses would require that an affirmative vote for such a change from the County Commission be obtained. Policy 1.1.8.E All new subdivisions, planned unit developments and site development plans shall be designed to include an efficient system of internal traffic circulation that does not require internal trips or trips of short duration to be forced onto the major roadway network. The requirements of this Policy are noted and acknowledged. As this policy appears to be more of a specific site design regulating policy, at the time a formal site plan is submitted to the County for review, compliance with this policy will be demonstrated. It should be noted that the petitioned parcel is part of larger, previously approved, Development of Regional Impact. As part of the assessment of that DRI, traffic impacts, both on -site and off -site impacts were evaluated, and a series of special limiting conditions related to traffic needs were included in the project's Final Development Order. Any development on this petitioned property is subject to demonstrating compliance with these conditions as part of the site permitting process that follows this land use amendment review. Policy 1.1.8.2: All new subdivisions shall be designed so that all individual lots have direct access to the internal street system, and that any lot or property along the periphery of the development is to be buffered from any major roadway and incompatible land uses. The proposed use shall occur within a previously approved Development of Regional Impact, with adequate road system and buffering. No subdivision of land is proposed at this time. Policy 1.1.8.3: Continue to implement the counh -wide right-of-way protection regulation and Right -of -Way Dedication Ordinance. The petitioned property is not located adjacent to or affected by, any identified corridor or roadway included in the county -wide right-of-way protection plan. At the time final development permit approvals are sought, the property owners will comply with all applicable requirements and standards of the County's Right -of -Way Dedication regulations. Policy 1.1.8.4: Limited development of commercial/non-residential uses gill be allowed within areas classified for residential uses, provided that these activities are compatible with the adjacent land uses and meet the following standards: a) Intent of the commercial use is to provide easily accessible, convenience -type uses to immediately surrounding residents; N/A. The submitted petition is for a change in Future Land Use to the COM (Commercial) future land use designation. This policy addresses the standards for considering the application of a commercial zoning designation in a non-commercial land use category, such as residential. b) Property for which the commercial designation is sought is located on an Arterial or Major Collector; N/A. The submitted petition is for a change in Future Land Use to the COM (Commercial) future land use designation. This policy addresses the standards for considering the application of a commercial zoning designation in a non-commercial land use category, such as residential. c) Conversion of the petitioned property would not promote any strip commercial use of land; N/A. The submitted petition is for a change in Future Land Use to the COM (Commercial) future land use designation. This policy addresses the standards for considering the application of a commercial zoning designation in a non-commercial land use category, such as residential. d) Use is compatible with surrounding land uses and is provided with adequate screening and buffering of any adjacent residential property; Given the context of the proposed use it is compatible with surrounding land uses and adequate buffering/screening will be utilized so as to buffer adjacent residential uses from the proposed use. N/A. The submitted petition is for a change in Future Land Use to the COM (Commercial) future land use designation. This policy addresses the standards for considering the application of a commercial zoning designation in a non-commercial land use category, such as residential. e) The site does not have its primary driveway access onto any local or Minor Collector street; and, The site has access provided by Reserve Boulevard and Perfect Drive and exceeds any traffic capacity of a local and/or minor collector. N/A. The submitted petition is for a change in Future Land Use to the COM (Commercial) future land use designation. This policy addresses the standards for considering the application of a commercial zoning designation in a non-commercial land use category, such as residential. The property- for which the commercial designation is sought does not exceed 10 acres. The property for which the commercial designation is sought does not exceed 10 acres. N/A. The submitted petition is for a change in Future Land Use to the COM (Commercial) fiiture land use designation. This policy addresses the standards for considering the application of a commercial zoning designation in a non-commercial land use category, such as residential. Policy 1.1.8.5: In addition to any other general standard for change in zoning as may be described in the County's Land Development Regulations, the following specific standards shall be used in determining the suitability of the new property(s) for designation as Commercial General (CG) under the County's Land Development Regulations: a) New Commercial General (CG) property should have available to it at the time of any zoning change central water services, or have an executed service agreement for the provision of central water services necessary for both domestic and fire protection purposes. Utility services (water and waste water) are presently available to the site and are provided by the Reserve Utility Corporation. Attached as Exhibit K to the Map Change and Text Amendments Application Supplement are updated service commitment requests that have been submitted to the Reserve Utility Corporation. As responses are received the information will be updated accordingly. b) New Commercial General (CG) property should not be located within 300 feet of any Aquatic Preserve or other specially designated aquatic habitat or a Category 1 Wetland as defined in Policy 8.1.14.1 of the Conservation Element of this Plan. The lands under this petition are not located with 300 feet of any Aquatic Preserve or other designated aquatic habitat or a Category 1 Wetland as defined in Policy 8.1.1.14.1. c) New Commercial General (CG) areas should have immediate access to the regional transit network; and, Policy 1.1.8.5(c), of the future land use element of the County's Comprehensive Plan reads as follows: c) New Commercial General (CG) areas should have immediate access to the regional transportation network; and, [emphasis added] It should be noted that the petitioned parcel is part of larger, previously approved, Development of Regional Impact (DRI). As part of the assessment of that DRI, traffic impacts, both on -site and off -site impacts were evaluated, and a series of special limiting conditions related to traffic needs were included in the project's Final Development Order. Any development on this petitioned property is subject to demonstrating compliance with these conditions as part of the site permitting process that follows this Future Land Use Amendment review. d) The property for which the commercial designation is sought does not exceed 10 acres. Policy 1.1.8.5(d), of the Future Land Use Element of the County's Comprehensive Plan reads as follows: d) New Commercial General (CG) property should have a minimum lot size of one (1) acre, unless the property is being added to another existing commercially (general) zoned property. The land for which the commercial designation is sought is 9.9 acres. Policy 1.1.8.6: Require effective visual and light diffusion barriers between residential and non-residential uses. Standards and requirements for such barriers are to be included in the landscaping and screening regulations of the St. Lucie County Land Development Regulations. The requirements of this Policy are noted and acknowledged. As this policy appears to be more of a specific site design regulating policy, at the time a formal site plan is submitted to the County for review, compliance with this policy will be demonstrated. Adequate screening of proposed structures in the petitioned area can be accomplished through the use of landscape buffer plantings. Light diffusion shall be accomplished via light shielding and/or the use of landscape buffer plantings so as to prevent light pollution from negatively affecting residences. Policy 1.1.8.7: Eliminate future scattered and highway strip commercial development by encouraging the development of commercial centers or nodes consistent with the Future Land Use Map. The petitioned property is located internal to the previously approved Development of Regional Impact (DRI) known as the Reserve. The proposed development of this site for non-residential use will not contravene the above Comprehensive Plan policy. Policy 1.1.8.8: Restrict strip commercial development to these traffic corridors where such development patterns now exist. The depth of these commercial areas should average 600 feet, with the exceptions to be found at points of arterial intersection. N/A. The petitioned property is not a strip commercial development. Policy 1.1.8.9: Concentrate tourist and regional service related commercial activities to those areas adjoining the interstate highway system or that have sufficient regional automobile access. The petitioned property is located internal to the previously approved Development of Regional Impact (DRI) known as the Reserve. The petitioned site is within a two (2) mile radius of the I-95/St. Lucie West (Reserve Blvd) Interchange, which provides for regional access to this site without having to travel extensively over the local area roadway network. Policy 1.1.8.10: Interchange development activities should not include commercial activities that are designed to service a small geographic market area. Local service activities should be located at points away from an interchange so as to avoid conflicts between regional and local traffic which can contribute to accelerated degradation of level of service in these areas. The petitioned property is not located within a designated "Interchange development" area. The proposed lodging facility is not considered a local service activity, as the golf facilities attract regional guests as well as residents from within the PGA Reserve development. In addition, the proposed lodging facility is considered and ancillary use to the golf facilities. Policy 1.1.8.11: Encourage the use of existing commercial and industrial designated lands within the urban service area, through requiring a strict demonstration of service availability, before authorizing Land Use and Zoning amendments in areas not presently indicated as having such designation. The petitioned property is located internal to the previously approved Development of Regional Impact (DRI) known as the Reserve. As part of the overall DRI review process, a complete assessment of the impacts of this development on local community services was conducted. The proposed change in Future Land Use, while considered to be a Preliminary Development Order under the St. Lucie County Comprehensive Plan, is not expected to provide for any greater land use entitlement than is already recognized under the site's overriding Final Development Order of for the Reserve DRI. In response to question #8 (8b and 8c) in the aforementioned letter, we offer the following responses in bold italics: 8b.) Compliance with Condition of Approval #61 in Resolution 09-016 will require a traffic update study to support the projected change in trips and the timing of the construction of the bridge over Interstate 95. A letter update is acceptable from Kimlev Horn. The petitioned property has, since first constructed in the early 1990s, been used as the main clubhouse and business office complex associated with the 54 holes of golf .found within the Reserve (PGA Village) DRI, and managed by the PGA of America, Inc. With the expanding use of these facilities, the existing clubhouse and support services have been determined to be inadequate to meet present and future facility demands and expansion/replacement is warranted to meet this new demand. In addition, while the original development plans for this site did not contemplate the development of any on -site lodging facilities in this clubhouse complex, recent changes to the PGA's overall business model in response to user requests has resulted in a proposal to add approximately 100 on -site lodging units that would be constructed in a traditional hotel format. As the petitioned property is located within the boundary of an approved Development of Regional Impact, land uses on this property are limited by the gross development entitlements granted under the Final Development Order for The Reserve, DRI. Pursuant to the provisions of Condition Number 51 of St. Lucie County Resolution 09-016 (the latest Development Order for the Reserve), the petitioner has the option of making changes to the previously approved entitlements to the subject property by converting all or some of those entitlements to another use, so long as the gross impacts of whatever it is to be developed on the property do not exceed the base thresholds identified in the impacts assessments used to evaluate this DRI. In the case of this specific land use petition, and based upon the prior approvals granted to this site, the PGA golf clubhouse complex is authorized for approximately 90,000 square feet ofoverall non-residential commercial/office use (approx 10,000 sq ft in clubhouse and approximately 80,000 square feet in future retail) granted under the approved Final Development Order for the Reserve. Given that the exiting clubhouse will be expanded by approximately 15,000 square feet (mol), approximately 65,000 square feet of undeveloped commercial square footage (based upon the approved PNRD master plans for the clubhouse complex) remains that can be used for either commercial or converted use purposes. Condition Number 51, of SLC Resolution 09-016, provides a table that outlines a use conversion matrix that is applicable to the overall Reserve (PGA Village) DRI. The petitioners propose to change approximately 15,000 square feet, of the remaining 65,000 square feet of commercial land use in this area to the equivalent trip generator for hotel units, which in this instance, totals out to be slightly more than 100 guest rooms. The proposed change in use from shopping center to hotel/resort lodge is an equivalent trip trade-off that increases the allowable number of hotel rooms by 100 and decreases the allowable commercial development by 14,903 square feet. At present, the Reserve DRI has been documented as generating 2,364 PM peak hour trips using the formulas contained within the Institute of Transportation Engineers' report, Trip Generation. No significant construction has occurred over the past 12 months within the Reserve DRI. Since the only "new" trips to be generated by this proposed land use petition will be associated with the addition of approximately 100 new hotel units on the site, the "net" new pm peak hour trip generation from the Reserve may reasonably be expected to be increased by 40 trips, for a total PM peak hour trip generation of 2,404 (based on the 2009 counts). The development of the hotel/resort lodge is not anticipated to create any additional trips from the DRI that were not previously anticipated. The Developer will satisfy Condition 61 (Selvitz Road & Midway Road intersection improvements) upon reaching 3,867 PM peak hour trips. The Developer is required to construct the bridge over Interstate 95 upon generating 3,153 PM peak hour trips. Construction of this hotel lodge will not trigger either development order condition. Sc.) Submit a justification statement why 8. i parking spaces per golf hoe is unreasonable and how wiIl PGA mitigate this requirement during large tournaments. If Administrative relief is contemplated, submit a justification statement pursuant to Section 7.06.01(B) and (F) to support your request. A parking study (i.e. justification statement) is attached to satisfy the parking requirements of St. Lucie County. \yv'e appreciate the opportunity to provide you with the above responses and the attached application for Small Area Future Land Use Map Amendment and look forward to working with you toward approval of the requested change in Future Land Use from RS to COM. Should you require further explanation or documentation on the above responses, please do not hesitate to contact me directly. Respectfully, Brian Nolan, ASLA, ULI-YLG Project Manager Exhibit G Main Development Application -� - ' ST. LUCIE COUNTY - Planning & Development Services Department • Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stlucieco.org/planning/pIanning.htm DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Planning Division to schedule an appointment. Submittal Type [check each that aaglies Site Plan Rezoninq 4 ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment ° ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home 5 ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 ❑ Land Development Code Text Amendment 7 ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # 6 ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements 9 ❑ Appeal of Decision by Administrative Official10 Application Supplement Packaaes 1. Conditional Use 5. Class A Mobile Home 9. Waiver to LDC/Comp. Plan 2. Variance 6. Historical Designation/Change Requirements 3. Rezoning / Zoning Atlas Amend. 7. LDC Text Amendment 10. Appeal of Decision by 4. Comp. Plan Amendments 8. Re- Submittal Administrative Official Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised June 21, 2010 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: Small Area Land Use Map Amendment Supplemental Application Package No.: 4 (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: $ 1,800 (A) ❑ CONCURRENCY FEE: $ 400 (B) ❑ ERD REVIEW FEE: ❑ PER ACREAGE CHARGE: ❑ RESUBMITTAL FEE: (if applicable) ❑ OTHER SUBTOTAL OF BASIC FEES: ❑ PRE -APPLICATION MEETING FEE: (F) Receipt No. of Payment: Date of Pre App: 4.29.10 BALANCE OF FEES DUE: $ 150 (C) $ N/A (D) $ N/A (E) $ N/A $ 2,350 $( N/A ) deduction $ 2,350.00 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`d party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from T' party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; ie. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Request Brian Nolan, ASLA, ULI-YLG (Agent) Applicant Name (Printed) INTAKE REVIEWER - SIGNATURE VERIFIED BY - SIGNATURE File Number: Page 2 of 6 Revised June 21, 2010 nature of DATE DATE Receipt Number: (For office use only) Project Information Project Name: The Reserve/PGA Village - Golf Clubhouse Complex adjustments Site address: 1920 Perfect Drive, Port Saint Lucie, Florida Parcel ID Number(s): a part of Parcel ID Number 3327-200-0001-000-4 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) See Exhibit D attached Prooertv location — Section/Township/Range: 27 - 36S - Property size — acres:] 6.14 ac. (mol) Square footage: A/A Future Land Use Designation: RS (Residential Suburban) Zoning District: PNRD Description of project: .-Application is for the purpose of providing for the opportunity to construct a new PGA Golf clubhouse complex/administrative support areas and golf lodging facility to serve the existing PGA Golf facilities at the Reserve. Final Footprints for the new PGA Golf clubhouse complex and lodging facility have not yet been completed. Please refer to the attached supplemental application material. (Attach additional sheets if necessary) Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing _ ❑ Industrial Total Square Footage: Existing ❑ Residential No. of residential units: Existing Proposed: Proposed: Proposed: No. of subdivided lots: Existing Proposed: ® Other Please specify: Please refer to "Description of Project" above. Number and size of out parcels (if applicable): N/A Page 4 of 6 Revised June 21, 2010 Exhibit H Map Change and Text Amendment Supplement Application Print Form Supplement 4 Comprehensive Plan Amendments Future Land Use Map Change and Text Amendments Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 11.06.00 for details SPECIAL NOTE: Under the provisions of the LDC, a petition for change in land use is considered to be a PRELIMINARY DEVELOPMENT ORDER. Under the definition of Preliminary Development Order, and consistent with the County's concurrency regulations, St. Lucie County neither warrants nor represents that there are sufficient public facilities or services available to serve the property on which the change in land use is sought. Further, pursuant to Section 5.08.01(13)(2) of the Code, a Certificate of Capacity Exemption must accompany all applications for land use changes that acknowledge that no public facility capacity will be reserved for the subject property. A determination of public facilities capacity is required prior to the issuance of a Final Development Order. A Final Development Order cannot be issued until capacity is available. Check One: x Future Land Use Amendment Comprehensive Plan Text Amendment Please provide a written description of the proposed development including statements about: 1. The total area of the proposed development; the type of residential or non-residential development proposed; the number of residential units and the square footage of non- residential development. 2. The tentative construction schedule for the proposed development, including, if applicable, a tentative schedule for phasing construction. 3. A description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County. Parcel Acres: 16.14 ac. (mol) Amendment Acres: 9.9 ac. (mol) Property Address/Location: 1920 Perfect Drive, Port Saint Lucie, Florida Existing Future Land Use: RS (Residential Suburban) Proposed Future Land Use: COM (Commercial) Existing Zoning: PNRD Existing Use: PGA Golf Clubhouse, parking, associated golf support areas Are any other applications being submitted concurrent with this application? X YES NO Please indicate the type of any concurrent application(s) being submitted: Major Modification to the previously approved PGA Clubhouse PNRD Site Plan Describe the existing improvements and structures on the amendment lands: PGA Golf Clubhouse, parking, associated golf support areas Page 1 of 11 Revised: June 19, 2008 Supplement 4 Proposed use of amendment lands: Golf lodge facility and supporting golf related activities Reason for making this request: The purpose of this petition for small area comprehensive plan amendment is to provide for the opportunity to construct a new PGA Golf clubhouse complex and golf lodging facility to serve the existing PGA golf facilities located at the Reserve. Brian Nolan, ASLA, ULI-YLG Applicant or Agent Name (Printed) Signature Page 2 of 11 Revised: June 19, 2008 A general statement describing whether and how the proposed amendment conforms to the St. Lucie County Comprehensive Plan. The St. Lucie Comprehensive Plan, adopted by Ordinance 90-01 in January of 1990 pursuant to the Local Government Comprehensive Planning Act of 1985, and as subsequently amended, lays out the framework for how the County will grow through a 20-year planning period expiring in 2025. This plan includes a number of Goals, Objectives and Policies that are designed to ensure the highest qualin, living environment possible by providing a mixture of land uses throughout the County-; ensuring a high quality of life; creating a &-namic jobs market and reflecting the needs and desires of the local residents and how they want their community to develop. This requested amendment to the St. Lucie County Comprehensive Plan is to provide for a change in Future Land Use designation for a 9.9 acre (mol) parcel of land located in the Reserve (PGA Village) Development of Regional Impact — PGA Clubhouse Area, from the RS (Residential Suburban) to COM (Commercial) Future Land Use designation. The proposed designation of this property to the COM Future Land Use designation is for the purpose of providing the opportunity to construct a new/replacement PGA Golf clubhouse complex and administrative support area and a new golf lodging facility that will serve the existing PGA golf facilities located at the Reserve. Final footprints for the new/replacement PGA Golf clubhouse complex and the new lodging facility have not yet been completed; however, the approximate square footage of the new/replacement clubhouse complex is 30-35,000 sq. ft. In addition, it is the objective of the petitioner to construct approximately 100 hotel units in a new go f Iodging faa i� that will be located on this site. Vliile land uses in this area are predominately residential (refer to Exhibits B and C), the redesignadon of this property to a Commercial (COM) Future Land Use Classification, when considered along with the accompanying petition for Major Adjustment to the site's current PNRD (Planned Non -Residential Development) zoning approvals in order to permit the new PGA Golf clubhouse complex and golf lodging facility, would not be considered inconsistent with other land uses found in the area. Application of the PNRD zoning district to this property allows for a narrow definition of the potential future uses on the property, where any deviation from these identified uses would require that an affirmative vote for such a change from the County- Commission be obtained. 2. A statement describing how the proposed future land use designation is compatible with the future land use designation(s) and existing land uses surrounding the amendment lands? This requested amendment to the St. Lucie County Comprehensive Plan is to provide for a change in Future Land Use designation for a 9.9 acre (mol) parcel of land located in the Reserve (PGA Village) Development of regional impact — PGA Clubhouse Area, from RS (Residential Suburban) to COM (Commercial). The proposed designation of this property- to the COM Future Land Use designation is for the purpose of providing the opportunity to construct a new/replacement PGA Golf clubhouse complex and administrative support area and a new golf lodging facility that will serve the existing PGA golf facilities located at the Reserve. Final footprints for the new/replacement PGA Golf clubhouse complex and the new lodging facility have not }yet been completed; however, the approximate square footage of the new/replacement clubhouse complex is 30-35,000 sq. ft. In addition, it is the objective of the petitioner to construct approximately 100 hotel units in a new goljloclging latzlill' that will be located on this site. The present use of the property under petition is as a golf clubhouse complex in support of the PGA of Americas existing golf facilities at the PGA Reserve Golf communitN. WhAe land uses in this area are predominately residential (refer to Exhibits B and C), the redesignation of this property to a Commercial (COM) Future Land Use Classification, when considered along with the accompanying petition for Major Adjustment to the sites current PNRD (Planned Non -Residential Development) zoning approvals in order to permit the new PGA Golf clubhouse complex and golf lodging facility, would not be considered inconsistent with other land uses found in the area. Application of the PNRD zoning district to this property allows for a narrow definition of the potential future uses on the property, where any deviation from these identified uses would require that an affirmative vote for such a change from the County Commission be obtained. 3. In accordance with Future Land Use Policy 1.1.5.3 provide the following information: a. Identification [of] future land use designations and existing land uses within V4 mile of the subject property that have the same or greater type of proposed future land use designation. Refer to the attached Existing Future Land Use Exhibit (Exhibit B) and Existing Use of Land Exhibit (Exhibit C) for the area around the petitioned propertN.. The existing Future Land Use designations surrounding this site are; RS (Residential Suburban), COM (Commercial) and the City of Port St. Lucie. b. Is the property under the land use amendment application within the Five Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County or otherwise meet the requirements of Policy 1.1.5.4. Utilihy services (water and sewer) are presenth' available to the site and are provided by the Reserve Utility Corporation. Attached as Exhibit K are updated service commitment requests that have been submitted to the Reserve Utiht\• Corporation. As responses are received, this application will be updated to reflect their response. 4. Provide a statement describing any conditions affecting the area of the amendment lands that have changed since the most recent adoption of the Comprehensive Plan. Describe any changes in development patterns, utility- availability, and public service capacity. Provide the data and analysis supporting your conclusions. The St. Lucie Comprehensive Plan, adopted bi• Ordinance 90-01 in January of 1990 pursuant to the Local Government Comprehensive Planning Act of 1985, and as subsequently amended, lays out the framework for how the County will grow through a 20-year planning period expiring m 2025. This plan includes a number of Goals, Objectives and Policies that are designed to ensure the highest quality living environment possible by providing a mixture of land uses throughout the Counts; ensuring a high quality of life; creating a dynamic jobs market and reflecting the needs and desires of the local residents and how they want their community to develop. The petitioned pr()pertr has maintained its current Future Land ( 'se designation of RS (Residential Suburban) d ce the adoption of the current Count Comprchensiti c Plan in 1990. This propern- is part of the prc•vicntsl� approved 1>ev�e1(rpment of Regional Impact known as The Reserve referred to as 1'(I,A Village;;. The petitioned property- has, suxc first constructed in the early 1990s, been used as the main clubhouse and business office complex associated with the 54 holes of golf found within the Reserve (PG.A Village) DR1, and managcd by the PG \ of :America, Inc. With the expanding use of these facilities, the existing clubhouse and support z cn ices have been determined to be vhadequate to meet present and future facilin7 demands and expansionjreplaccment is warranted to meet this new demand. In addition, while the original development plans. for this site did not contemplate the development of any on -site lodging facilities in this clubhouse complex, recent changes to the P(;Ys overall business model in response to user requests has resulted in a proposal to add approximately 100 on -site lodging units that would be constructed in a traditional h►>tel format. It is this addition of these hotel units to this complex that requires the submission of this proposed amendment to the Ccxtnn's Comprehensi-ve Plan to a land use care 'gone that is considered compatible with hotel developments. Previous)-, and currently, the residential land use designation found on the petition site has been determined to be sufficient to address the basic golf clubhouse/,administrative support needs of the PGA facihn.. \s the petitioned property- is located within the boundary of an approved Development of Regional Impact, land uses on this property are limited by the gross development entitlements granted under the l,inal Development Order for 'hhe Reserve, DRI. Pursuant to the provisions of Condition Number 51 of St. Lucie County Resolution 09-016 (the latest Development Order for the Rcservej, the petitioner has the option of making changes to the previoush- approved entitlements to the subject propert by converting all or some of those entitlements to another use, so long as the: gross impacts of whatever it is to be developed on the property do not exceed the base thresholds identified uh the impacts assessments used to evaluate this DRI . In the case of this specific land use petition, and based upon the prior approvals granted to this site, the PG:A golf clubhouse complex is authorized for approximately 90,000 square feet of overall non-residential commercial/office use (approx 10,000 sq ft in clubhouse and approtunately 80,000 square feet in future retail) granted under the approved Final Development Order for the Reserve Given that the exiting clubhouse will be expanded by approximately 15,000 square feet fmol), we are left with approximately 65,000 square feet of undeveloped commercial square footage �J)ased upon the approved PNRD master plans for the clubhouse complex) that can be used for either commercial or a converted use purposes. Condition Number 51, of SLC Resolution 09-016, provides a table that outlines a use conversion table that is applicable to the overall Resen-e (I)G,A Village] DRI. The petitioners propose to change approximatel. 15,000 square feet, of the remaining 65,000 square feet of commercial Land vise in this area to tine equivalent trip gmcromi: W hotel units, which in this inyancc, rtook out a; be rlightic mare than .'M Pucm m m- mince the comcrsion of This commercial square fo�otagc to hotel unit: is basal can cyuiv:Ilent trip ,veneration rates, no changes are reyuired to am pan of hn,l: Dove opm"u Order for this DRI since the gno, nnpmit generated from this site hmT not changed_ :Attached as Inhibit F is a cope of cnrnesprmdence frrnn the Treasure Coast Regional Planning Council \\here. Council staff has determined that application of the provisions ()f Condition Number 51 wil] not he cause for additremal reyie-\y b- the RP(: c,r the iiFng of any n-pe of \once of Proposed Changc (V)I'(�) to the prcviousk approved Development of Regiomil Impact known as Ile Remye. Every rt"-o cars. until the completion of the DRI known as the rescryc, an anneal report is revolved to he filed w5h the (:aunt~-, the. 'I reasure (.oast RegWrid Planning Council and the l0nda Department of (,ommumm Affairs. he most recent report submitted in the vTimer of ?(M/10, indicates that there are in, serN ice capacnt issues within the Resew e. .\11 required Lev el of SerN ice !TOS <tandards are being meet and the intr1_tduction of this nevr clubhouse facility aloe,-', with the addition of the proposed lodtrc units, is not expected to result in anY failed LUG standards. Utilin• services (water and sewer) are presently available to the site and are provided by the Reserve Utility Corporation. Attached as Exhibit K are updated service coninvtment requests that have been submitted to the Reserve Utility Corporation. As responses are received, this application will be updated to reflect their response. Provide a statement describing why there is a need for the proposed Future Land Use Map Amendment and how the amendment will result in an orderly and logical development pattern. This requested amendment to the St. Lucie County Comprehensive Plan is to provide for a change in Future Land Use designation for a 9.9 acre (mol) parcel of land located in the Reserve (PGA Village) Development of regional impact — PGA Clubhouse Area, from RS (Residential Suburban) to COM (Commercial)_ The proposed designation of this properyy to the COM Future Land Use designation is for the purpose of providing the opportunity to construct a new/replacement PGA Golf clubhouse complex and administrative support area and a new golf lodging facility that will serve the existing PGA golf facilities located at the Reserve. Final footprints for the new/replacement PGA Golf clubhouse complex and the new lodging facility have not yet been completed; however, the approximate square footage of the new -/replacement clubhouse complex is 30-35,000 sq. ft. In addition, it is the objective of the petitioner to construct approximately 100 hotel units in a new,goll'/o4ging /i lit), that will be located on this site. The present use of the property under petition is as a golf clubhouse complex in support of the PGA of Americas existing golf facilities at the PGA Reserve Golf community. The proposed modifications to the general purpose golf clubhouse complex can be accommodated under the sites current land use classification, however the addition of the golf lodging facilities does requires that the areas under that activity be designated as/ with the COM (Commercial) Future Land Use designation. While land uses in this area are predominately residential (refer to Exhibits B and C), the redesignation of this property to a Commercial (COM) Future Land Use Classification, when considered along .with the accompanying petition for Major Adjustment to the site's current PNRD (Planned Non -Residential Development) zoning approvals in order to permit the new PGA Golf clubhouse complex and golf lodging facility, would not be considered inconsistent with other land uses found in the area. Application of the PNRD zoning district to this property allows for a narrow definition of the potential future uses on the property, where any deviation from these identified uses would require that an affirmative vote for such a change from the County Commission be obtained. 6. If a change to Industrial Land Use is proposed, explain how the proposal meets Future Land Use Policy 1.1.11.2 or Police 1.1.11.3 of the Comprehensive Plan. N/A. The proposed amendment does not include am• requested change to the Industrial (IND) Future Land Use Designation. 7. Provide a traffic report of the potential impacts to the County's transportation system brought about by the proposed land use change. The report must include existing, background, committed trips, and the projected traffic volumes and the level of service for all affected roadways. Projected traffic volumes must be based on the highest density/intensity allowed under the requested future land use designation. As discussed at the pre -application conference for this submission (held April 29, 2010), a full Traffic Impact Report has not been prepared for this petition for amendment to the Future Land Use Maps of the Count) - since the subject property is already- part of the previously approved Development of Regional Impact known as the The Reserve. \.� the petitioned propert; is located %\ithin the boundan of an appimed Development of Re,=iornal lmpact, land uses on this propertt are limited by the gross deg cloptnent entitlements grswicd under the final Development Order for The ResCrN C DRI. Pursuant to the pro\isions of Condition Number 51 of St. Lucic Countl Resohrtiori 09-01 G "the latest Development Order for the Rescr ci, the petitioner has the (_)ption of making chsutges to the previously approved entitlements to the subject propert b� converting all or some of th<,se entitlements to another use, so long as the gross impacts of whatever it is to be developed on the property do not exceed the base thresholds identified in the impacts tsscssmcrnts used to cvaltzte this DRI. In the ctse of this Specific land use petition, and based upon the prior approvals granted to this site, the. PG:A golf clubhouse complex is authorized for approximately 90,0Uo square feet of overall non-residential commercial/office use (approx 10,000 sq ft in clubhouse and approximately 80,000 square feet in future retail) granted under the approved Final Development Order for the Reserve.. GIven that the exiting clubhouse will be expanded b'- apprommately 15,000 square feet (mol), we are left with approximately- 05,000 square feet of undeveloped commercial square footage (based upon the approved PNRD master plans for the clubhouse complex) that can be used for either commercial or converted use purposes. Condition Number 51, of SLC Resolution 09-01 G, provides a table that outlines a use conversion table: that is applicable To the overall Reserve (PGA Village) DRI. The petitioners propose to change approximatelt 15,000 square feet, of the rem.tirring 65,000 square feet of commercial land use in this area to the equivalent trip generator for hotel tints, which in this instance, totals out to be slightly more than 100 guest rooms. Since the conversion of this commercial square footage to hotel unitss is based on equivalent trip generation rates, no changes are required to am part of base Development C)rder for this DRI since the gross impacts generated from this site have not changed. ;Attached as Exhibit E is a cope of correspondence from the Treasure Coast Regional Planning Council where, Council staff has determined that application of the provisions of Condition Number 51 will not be cause for additional review, by the RPC or the filing of any type of Notice of Proposed Change (NOPC) to the previously approved Development of Regional Impact kno\%n as The Reserve. Even• t-wo years, until the completion of the DRI known as the reserve, an annual report is required to be filed with the Counti, the Treasure Coast Regional Planning Council and the hlorida Department of Community Affairs. 'fhe most recent report submitted in the -,winter of 2009/10, indicates that there are no service capacit,• issue,; within the Reserve. All required Level of Service (LOS) standards arc being meet and the irntroduction of this new clubhouse facility along with the addition of the proposed lodge units, is not expected to result in an° failed LOS standards. Describe the drainage characteristics of the area and what effects the proposed land use amendment would have on the volume and quality of stormwater runoff? Identiffi- the property's flood zone classification? This requested amendment to the St. Lucie Count Comprehensive Plan is to provide for a change in Future Land Use designation for a 9.9 acre (mol) parcel of land located in the Reserve (PGA Village) Development of Regional Impact — PGA Clubhouse .Area, from the RS (Residential Suburban) to COM (Commercial) Future Land Use designation. The proposed designation of this property to the COM Future Land Use designation is for the purpose of providing the opportunity to construct a ne,,v/replacement PGA Golf clubhouse complex and administrative support area and a new golf lodging facility that will serve the existing PGA golf facilities located at the Reserve. Final footprints for the new/ PGA Golf clubhouse complex and the new lodging facilit- have not yet been completed; however, the approximate square footage of the new/ clubhouse complex is 30-35,000 sq. ft. In addition, it is the objective of the petitioner to construct approximately 100 hotel uiuts in a new golf for ginrg Jacilii)� that will be located on this site. The petitioned site is already regulated by South Florida Water Management District Permit Number 56- 00674; should the redevelopment of this site require modification to that pernut, or any other issued County Permits effecting the sites stormwater management facilities, all necessary permits will be obtained. The petitioned site does not he within any designated 298 Drainage District. At the time a Final Development Order is applied for, all applicable storm water management regulations will be complied with in the final designs for the property. The petitioned property is located within a number of designated Flood Zones according to FEMA FIRM Map 12111 CO275-F, dated August 19, 1991. 9. What are the potential enxironmental impacts of the requested amendment? Describe the natural resources occurring on and adjacent to the amendment lands. Identify any protected species that are known to occur and estimate the acres of wetlands and native upland habitats on the amendment lands. Identify Category 1, I1, or III Wetlands as described in Policy 8.1.14.1. No impacts to an), of the listed species mentioned above are expected as a result of this proposed amendment to the Future Land Use Maps of St. Lucie County. The petitioned site is already developed and there are no known natural resources or habitat occurring on site. There is a small regulated wetland to the east of the site (wetlands 61) and will be protected in accordance with applicable permit standards and requirements. There are no Category I, 11, or III \Yetlands as described in Police 8.1.14.1, on the petitioned site. 10. Where are the neatest public or investor -owned water and sewer services? Who is the service provider? Is the site included in the five-year expansion plan of these utilities. Provide correspondence from the service provider verifying their ability to serve the proposed development. If private facilities are proposed, describe the capacity and type of water and wastewater services to be provided. Utilit-v services (water and sewer) are presently available to the site and are provided by the Reserve Utility Corporation. Attached as Exhibit K are updated service commitment requests that have been submitted to the Reserve Utility Corporation. As responses are received, this application ,vil] be updated to reflect their response. 11. Provide a projection of the average daily volumes of solid waste that would be generated if the land use(s) change. The following tables represent the expected solid waste generation differences as a result of this proposed application: estimated estimated estimated PHASE D.U. nonresidential estimated estimated population soildwaste solid waste solid waste solid waste sq feet population/unit /phase generation rate generation generation generation (Ibs) tons c existing 20 2.5 50 9.31 Ibs/person 461 0.23 2.47 landuse d proposed 90.000 5.34 Ibs per 1000 481 0.24 2.57 land use st/day waste generation assumptions Residential all npcs 9.31 lbs, persr,n dac Non -Residential RctaJ/SCIl ICI 5.34 Ibs! dac - 1000 SI- I lold t/b/d lb, dac; nwm ( )fficc 2.52 lbs dac - 1000 S1 Industrial 2.19 lb,, dac - 1000 SF Sch,nd 0.80 Ibs/ dac-srudcnt Clot, Park 196 Ibs! dac - 1000 SP R, Luce I „un r;, p M- :p .lh 61,.1. 1. 1, .i 1uu e hd ,are dhsu r.,,� „id,,,.rFd­ ,,, .,,Ld wa.rt d­a 4. 1— ...... hd u xae dhi.i„n ,. I- ,.unn-:."I'd u.ur dn-..... Service commitment requests have been submitted to St. Lucie County. As responses are received, the application materials will be updated accordingly. 12. What demands for recreational facilities will be created by development as a result of the land use change? If you are requesting a residential classification, identify the recreational facilities and open spaces that are available in the vicinity? The redesignation of this site to the COM (Commercial) Future Land Use classification does not require, nor will it result in, the generation of any demands on the Countv's required Recreation Level of Service. 13. Indicate the location of any archaeological or historic resources that are known to occur on or near the amendment lands. Describe potential impacts to these resources as a result of the proposed amendment. Provide a copy of any available archaeological or historic assessment. There are no known archaeological or historic resources on the petitioned proper[-. 14. Is the property- currently within the Planned Urban Service Area Boundary? i es. 15. If you answered "no" to Question 14 above, will the property be used for "urban development activities" as defined in Future Land Use Policy_ 1.1.5.1? Check which urban development activities apply: residential development in excess of two units to the gross acre any non-agricultural commercial activity any non -extractive, non -agriculturally related industrial activity 16. If anv item in Question 15 above is checked, the property must lie outside the Planned Urban Service Area. If an expansion of the Urban Service Area boundary line is proposed, please refer to Future Land Use Police 1.1.5.1 and answer the following questions: a. What is the distance between the ptoperty and the Urban Service Area Boundary? N/A b. Is the subject property contiguous to lands with the requested future land use designation? N / ,-1 C. Can the owners of contiguous properties between your property and the present Urban Services Area Boundary ensure appropriate urban infrastructure and services can be provided? If so, please provide documentation. N/A d. To what extent will the proposed expansion detrimentally impact the established character of the area? N/A 17. If changing from an agricultural category (AG-5 and AG-2.5) to a non-agricultural category (all others), please answer the following questions. a. How will the non-agricultural use(s) maintain the viability of continued agricultural uses on adjacent lands? How will any adjacent agricultural uses affect the proposed non-agricultural uses? b. Using the St. Lucie County Soil Survey, provide documentation of the soil type(s) found on the subject parcel and their suitability for the proposed use. Indicate their suitability as defined by the soil survey. C. Describe the existing land characteristics and how the proposed land use is suitable with those characteristics? d. Does the propose land use amendment propose the extension of the urban services boundary in a manner that creates any enclaves, pockets, or finger areas? e. Describe why the non-agricultural uses could not be feasibly located on non-agricultural land. N/A is. Provide a copy of all existing federal, state, regional or local permits or plans related to the property (i.e. SFWMD permits, USDA Conservation Plans, documents related to the lands present or past enrollment in any federal, state or local program). Due to the number of related permits, you are referred to the South Florida Water Management District xveb site. The petitioned site is alreadN- regulated b�- South Florida Water Management District Pern"t Number 56- 00674 (the master permit number for the Reserve); should the redevelopment of this site require modification to that permit or and. other issued Count-\- Permits effecting the site's stormwater management facilities, all necessar-permits will be obtained. 19. Indicate if the area under consideration is located within a unique area with common characteristics, such as the Indrio Road corridor and White Cite. If so, indicate how the proposed change in future land use is consistent with the character of the area and any neighborhood plan or special planning project for the amendment area. N/A 20. Identify any local government within one mile of the amendment lands. If any, provide a copy of the proposed application documents to the appropriate government official. Indicate the name and address of the official for which the application documents were provided. Cin- of Port St. Lucie Mr. )ern- Bentrott, CinI Manager City of Port St. Lucie 121 S\N/ Port St. Lucie Boulevard Port St. Lucie, Florida 34953 ,\Ir. Daniel Holbrook, AlCP, Planning Director Cin- of Port St. Lucie Planning Department (--in- of Port St. Lucie 121 S\N' Port St. Lucie Boulevard Port St. Lucie, Florida 34953 Supplement 4 APPLICANT ACKNOWLEDGEMENTS (Owner's Signature Must be Notarized) I CERTIFY THAT: (CHECK ONE) I (We) do hereby certify that I (we) own in fee simple the above described property for which a change in Future Land Use is requested. I (We) are not the owner of the above described property; however, the owners signature below authorizes the applicants the authority to act as a,.gent for the owner(s) of record. Applicant's Signature Date Address: Phone: '�\AO - 'A y Fax: �l' 1 �- 3y 0 - Email Address: s5-V Y g3N'A(,�- , (_c6',N\ Note: The individual listed on the main application will be the County's single contact for all correspondence and other communication related to this application. PROPERTY OWNERS ACKNOWLEDGMENTS: (please print) - This supplement will not be considered complete without the signature of all property owners of record, which shall serve as an acknowledgement of the submittal of this application for a change in future land use. The property owner's signature below shall also authorize'the applicant (if other than the property owner) and/or Agent to act in his/her behalf for the purposes of seeking this change to the County's Comprehensive PlarLtaLtbe aroperty described herein. roperty Owner bignature Property Owner Name (Printed) Mailing Address:G1, 5 ��'�' �`f�, Phone: If more than one owner, please submit additional pages STATE OF '? DA , COUNTY OF S-r L t_ 6 The foregoing instrument was acknowledged before me this day of JUt_Y , 20 Ip by 7 CV i�� tv t E who ' personally known t me or who has produced as l en ication. 6;�� &S C,41eat�,_ signature of Notary t� ►:, NAB � �_�C.; i%� A� C; � Type or rintName of Notary � J (,C,,-) ) -7 Commission Number (Seal) MYCOMMISSiM DD 8W7 E�1REStJanuary 7, 2D13 Baled in NaW)� PL#* *dmxws Page 6 of 11 Revised: June 18, 2008 Supplement 4 J l St. Lucie County ---------------------' Concurrency Deferral Affidavit Soren Spiers residing or doing business at 951 NW Country Club Dr. Name Street Port Saint Lucie FL 34986 772.340.1444 City - btale Zip Phone Small Area Future Land Use Amendment have applied fora from St. Lucie County, Florida, Type of Development rder for the following project: 9.9 ac. (mol) parcel located at the PGA Clubhouse within the Reserve DR) Name of Proposed Development Parcel ID Number(s): A part of Parcel ID Number 3327-200-0001-000-4 I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County LDC, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. 1Applicant Name (Printed) Signature o Wplicant ate STATE OF 0-1 COUNTY OF 'Ss L ,L, The foregoing instrument was acknowledged before me thish day of 20 k) by -C who is personally known to me or who has produced as identification. Signature of Notar�iType or Print Name of Notary Commission Number (Seal) SUSM K FUWEU0 I ; MY COMMISSION # DD 7669" �• =r EXPIRES: Match 11, 2012 %,� �'�� DnidsE Thru tvdary P�ti1c t4bwwMe•-- - Page 11 of 11 x. Revised: June 19, 2008 acKenzie Engineering & Planning, Inc. 10612 SW Gingermill Drive • Port Saint Lucie • Florida • 34987 (772) 345-1948 • www.mackenzieengineeringine.com June 29, 2010 Mr. Corey Aurand PGA Golf Properties, Inc. 100 Avenue of the Champions Palm Beach Gardens, FL 33418 Re: PGA Golf Club — St. Lucie County Shared Parking Analysis 007001 Dear Corey: MacKenzie Engineering and Planning, Inc. (KHA) was retained to prepare a shared parking analysis and the necessary documentation to support the required parking at the PGA Golf Club and Lodge as required within Sections 7.06.01 and 7.06.02 of the St. Lucie County Code. The property to be developed is located in The Reserve DRI, west of the Reserve Boulevard & 1-95 interchange in St. Lucie County, Florida. The mixed use project has a 54-hole golf course, including ancillary facilities (driving ranges, club houses, pro shop, restaurants, lounges, and banquet facilities) and proposes up to a 100-room lodge. Based on the description of the lodge and its relation to the PGA golf courses, the lodge will function as a resort hotel. This letter includes an analysis of the St. Lucie County parking rates and applies parking reduction factors unique to this facility and location. St. Lucie County parking requirements are shown in Table 1. SHARED PARKING ANALYSIS Mode Split Mode split is adjustment for reduced use of automobiles owing to alternative modes of transportation. The site is located at the center of a unique mixed use development, PGA Village (also known as The Reserve DRI). PGA Village is a unique mix of uses centered around the PGA golf club that interact to reduce the overall parking demand including: 54 holes of golf, hotels (adjacent to the 1-95 interchange), single family and multi -family housing, timeshares, and the PGA learning center. It is anticipated that the golf course will continue to capture a significant amount of its business from within PGA village. The supporting traffic study for the TABLE 1 PGA GOLF COURSE AND LODGE ST. LUCIE COUNTY CODE PARKING REQUIREMENT Land Use Quantity Unit St. Lucie County Code Unit Required Parking Spaces Golf Course (1) 54 Holes 8.7 spaces / hole hole 470 Resort Hotel 100 Rooms 1.4 spaces / room room 140 Total 610 (1) Golf Course rate includes driving ranges, club houses, pro shop, restaurants, lounges, banquet facilities (Parking Generation, 3rd Edition - Land Use 430) 6/29/2010 C:\Users\Shaun\Desktop\Jobs\007 - PGA\007001 \[06-02-1 0 shared parking.xlsx]ST LUCIE TABLE 2 PGA GOLF COURSE AND LODGE PROJECTED PARKING DEMAND Land Use Required Parking Spaces Reductions Needed Parking Supply Mode Split Non -Captive Adjustments Golf Course (1) 470 20% 94 - - 376 Resort Hotel 140 - - 70% 98 42 Total 610 94 98 418 (1) Golf Course rate includes driving ranges, club houses, pro shop, restaurants, lounges, banquet facilities (Parking Generation, 3rd Edition - Land Use 430) 6/29/2010 C:\Users\Shaun\Desktop\Jobs\007 - PGA\007001\[06-02-10 shared parking.xlsx]ST LUCIE -RED Exhibit Reserve DRI: Transportation Conditions Memo acKenzie Engineering & Planning, Inc. 10612 SW Ginl-ermill Drive • Port Saint Lurie • Florida • 3 t9S7 (773) :315-194S cv�r«.mackenzieen�inecrin�in� .� om To: Corey Aurand From: Shaun G. MacKenzie, P.E. Date: June 2, 2010 Re: Reserve DRI — Transportation Conditions The Reserve DRI currently has transportation conditions enumerated from 51 to 61 with the Reserve DRI Development Order (D.O.). St. Lucie County is inquiring about the conditions related to transportation improvements, transportation trips, and hotel use within the DRI. Condition 55 — Trip Summary This condition requires biennial reporting of trips from the DRI. The evaluation of trips from the project is used to determine the timing of needed improvements. Based on the most recent annual report, the project is now generating 2,364 total PM peak hour trips. Condition 57 — St. Lucie West Boulevard Interchange Improvements This condition requires significant improvements to the interchange when project generates 3,153 total PM peak hour (two-way) trips or December 31, 2005, whichever occurs later. The project does not yet generate 3,153 total PM peak hour trips. Therefore, improvements to the interchange and bridge are not required. Given the slow state of the current real estate market, the timing for these improvements by the developer is not known. Condition 61— Improvements to Selvitz Road This condition requires improvements to the Selvitz Road & Midway Road intersection when project generates 3,867 total PM peak hour (two-way) trips or December 31, 2010, whichever occurs later. The project does not yet generate 3,867 total PM peak hour trips. Therefore, improvements to the intersection are not required. Given the slow state of the current real estate market, the timing for these improvements by developer is not known. Condition 51— Land Use Trade -Off Matrix The DRI D.O. allows for conversion of uses within the DRI. Any of the approved uses in the DRI may be converted to other allowed uses via the trade-off matrix contained within Condition 51. The conversion of 100 lodging units (hotel rooms) will require conversion of 14,903 SF of retail use. The change of use proposed will not create any additional trips from the DRI, will not require a Notice of Proposed Change, and will require reporting through the normal annual / biennial reporting process for the DRI (Conditions 51 and 56). Exhibit K Service Capacity Verifications CULPEPPER & TERPENING, INC �ti 1I,,II i I I I G F_rI,; I.IE_f'" EA I]r, I,, I<.=i U1,'. VA ntcrs li mad. Jmurphy (01 a ng nlm )ub Number. n9 091HH15 July 13, 2010 Mr. George Morgan, Utility Manager Reserve Comrnunit�, Development District 2140 NW Reserve Park 'Trace Port St. Lucie, FL 3=4986 Subject: PGA of America — Land Use / Rezoning Petition — Service Availability (Unincorporated St. Lucie Count),) Dear Mr. Roberts: This office represents the owners of PGA of America. Inc., in their application to amend to the St. Lucie County Comprehensive Plan Future Land Use Map and Count), Zoning Atlas Maps for a 9.9 acre parcel of land located in the Reserve (PGA Village) DRI. The requested amendment to the St. Lucie County Comprehensive Plan is to provide for a change from the RS (Residential Suburban) to COM (Commercial) Future Land Use designation. The purpose of this letter is to request a confirmation from the Reserve Utilities that adequate capacity in the existing water and waste\vater systems at the Reserve to accommodate the proposed change in Land Use/Zoning. I'hank you for your assistance in this matter. Should you have any questions, please let the know Sincerely, CULPEPPER & TERPENING, INC. Denni) Murphy Principal Planner DIINI I'-APrn1-20119\09-o9n.IN15\nrcro.pund\119 09W)o5, rc,,,,c eJd, ,mIm- s,ni—, INII, murKm, request lit ve c aeadiabihtp_I1711IILAIc A LE�34C , OF EXPERTISE API D EXCELI F HC'.F ;'r�FO SOli3 h� ? S I H _, Pi EI �r F'I ERC,F . FL 34�)8 I 4 6 A 353 7 F>> - 2 4F -I 3ti CULPEPPER & TERPENING. INC U II', Ut i;r -IG Er1 C, I II EE R:, L ,FID ,UR'E i0115 \\-ntcrs l':-mail dnulrpht'nchcn};. ann lob Number I19-f011.IN15 ulV 13, 2010 Mr. Ron Roberts Solid Waste Manager St. Lucie County Board of County Cotnlnissioners 2300 Virginia Avenue Fort Pierce, FI. 34982 Subject: PGA of America - Land Use / Rezoning Petition — Scr-vice Availability (Unincorporated St. Lucie County) Dear Mr. Roberts: This office represents the owners of PGA of America. Inc., in thew application to amend to the St. Lucie County Comprehensive Plan Future Land Use Map and Count). Zoning Atlas Maps for a 9.9 acre parcel of land located u3 the Reserve (PGA Village) DRI. The requested amendment to the St. Lucie County Comprehensive Plan is to provide for a change from the RS (Residential Suburban) to COM (Commercial) Future Land Use designation. The purpose of this letter is to request a confirmation from St. Lucie County that adequate capacity in the County Solid Waste disposal system to accommodate the proposed change in Land Use/Zoning. The Table below represents the expected solid waste generation differences as a result of this proposed land use amendment application. Please note that the waste generation rates used in this "fable are based upon the adopted Level of Service Standards set out in the County Comprehensive Plan. U.l. nuun•sulcntr.J y lecI csuman•d pupubmon'u I rsumated I —I h on , phase +rnld"aae gcr.ranun "t red -I'd , uIc Qbs) csnmand s hd rl rite• gan nuns talus) rsnmalyd .1,hd �ra•te genenuun lag csistin,il land use 20 2.5 50 9.31 Ibs/ rl n /n�� da 401 0.23 2.47 I*ropos`d d use 911'WO - 5.34 lb, per IINNI sf,/dac 481 0.24 2.57 L _"' waste generation assumptions Residential all IF cs 9.31 Ibs/ crsun/ da} Non -Residential A LF GA(:'r OF EX PE R T I SF A r) E X U F 1_I FHC:F ;I- LuuL Gu1111p ( 1IIII, Phil 1111.1. L 11 390 ".11 t{ c fH �i REE 1 FT PI FRC. F . FI 749 R I 7 7 46 �:-3 5 3 7 7 - a p 4-9 1 11 - julV, 13, 2010 Page 2 Subject PGA of :America — land Usc / Rezoning Petition Serein Ah ailabihtp (Unincorporated S(. IdICIC (:ountV) Retail/Senicc 5.34 Ibs/ dar - IWO SF I lotcl I/b/d Ibs/ day/ room Office 2.52 Ibs/ day - IMO SF Industrial 2.19 Ibs/ day IWO SF _ sch"'il II.80 Ibs/ da), student Ciyic/Park . 196 1 Ibs/day- IWOSl� t***t**-t itt'1, y**-k#. 4, *4** kki i�- I —" t..m 5 / s..hd'.'—dn �t. Luaa C.uunc/ ;.did w.rv. dracn,n >t.I Gaonn/-hd dii capon tit. I Counq/ —hd d-,,n —hd v esn i,, >1. Luac Cnnin'� "Aril dnun,n Thank VOLT for your assistance in this matter. Should You have anY questions, please let me know. SincerO , CULPEPPER & TERPENING, INC. Den is J. tIN4urphy Principal Planner ulnl 11'A,Proj.21W19\419 01,M)A 15 \cnrros(KmdAH9-09(1015,'Ic Pwnrks, suLd -istc, 1N11, -bcrtc, rvyue>1 for a—icc maihabilitc u71 Slu.doc Britton Wilson 'rom: %W3ent: To: Cc: Subject: Britton DeWitt Senior Planner Randy Robel [randyrobel@yahoo.com] Saturday, October 09, 2010 4:49 PM Britton Wilson Randyrobel@yahoo.com Public Hearing Notice - PGA Village As owners of a condo (9866 Perfect Drive, Unit 36), we are opposed to the construction of a new lodging facility. This unit was purchased for the expectation of rentals which have decreased annually. Also, when we purchased the condominium, there were only to be a certain number of units. With the development of the Castle Pines condos, the number of rentals condos has increased. In addition, there already is a motel (Mainstay Suites) at the entrance to the PGA Village with other new motels on the other side of Interstate. We feel there is no need for additional lodging at this time especially in this current economic condition. While we feel that the current PGA clubhouse is adequate, we are not as opposed to its expansion. Therefore, we would only favor changing the zoning of 15,000 square feet into commercial future land use. Randolph J. Robel Member, SJER LLC N52 W35961 Country Club Lane Oconomowoc, WI 53066 262-567-9217 �r L AGENDA REQUEST ITEM NO. III-B DATE: 09/16/10 REGULAR ( ) PUBLIC HEARING (X) LEG. (X) QUASI -JD ( ) CONSENT ( ) TO: Planning and Zoning Commission PRESENTED BY: Britton De Witt SUBMITTED BY: Planning and Development Services Senior Planner Department SUBJECT: PGA Village Small Scale Future Land Use Map Amendment BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Recommend adoption of the PGA Village small scale Future Land Use Map Amendment (Ordinance No. 10-035). Coordination/Signatures County Attorney ( X ) k' Daniel S. McIntyre County Engineer ( ) Michael Powley Originating Dept. (X) _ Ae Mark Satterlee County Surveyor ( ) Ron Harris ERD (X) CT ren Smith Hearing Date: Thursday September 16th, 2010 Applicant PGA Reserve Inc., 951 SW Country Club Dr Port St. Lucie, FL 34986 Agent Brian Nolan Lucido & Associates 100 Avenue A, Suite 2A Ft. Pierce, FL 34950 File Number FLUMA 720104078 Property Location 1920 Perfect Dr, Port St. Lucie, FL Future Land Use From RS (Residential Subur- ban - 2 du/acre) to COM (Commercial) Zoning PNRD (Planned Non - Residential Neighborhood) Staff Britton De Witt Senior Planner wilsonb@stlucieco.org (772) 462-1582 N A Agenda Item No. III — B PGA Village Small Scale Future Land Use Map Amendment n0 v RS �w Conn ;Fu _j RES; RYE BLVD 3 RS coM - coM U o Qom. = RS RS i v,. sL Lucie county rump Land uae Port sL Luae Future LaW uee N ® Subject property COM - Ccmmarc a. G .xrera. Ca^tne I Ciry of Port St. Lucie ^ZS' Resdenl.a Suburban(2 du.'acj RIC —Ressl Go faCoorbie Protect Description PGA Reserve Inc. is petitioning for a change in the Future Land Use of a 9.9 acre parcel from RS (Residential Sub- urban- 2 du/acre) to COM (Commercial). Background The proposed COM Future Land Use designation to construct a replacement PGA Golf clubhouse complex and new lodging facility to serve the PGA golf facilities at the Reserve. The project has not yet been fully designed. How- ever, the applicant states that the ap- proximate square footage of the new/ replacement clubhouse complex is 30- 35,000 square feet. In addition, the petitioner plans to construct approxi- mately 100 hotel units in a new golf lodging facility to be located on site. The approved Final Development Order for the Reserve, includes authorization for a 90,000 square foot PGA club- house. Notice Repuirements Public hearing notice in accordance with Section 11.00.03 of the Land De- velopment Code was placed in the St. Lucie News Tribune, letters were sent to property owners within 500 feet of the subject property and a sign was placed on the property. Staff Recommendation Recommend adoption of the PGA Vil- lage small scale Future Land Use Map Amendment (Ordinance No. 10-035). Planning and Development Services l Department COUNTY MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Director -- -' Kara Wood, Planning Manager FROM: Britton De Witt, Senior Planner, Planning Divisio DATE: September 16, 2010 SUBJECT: PGA Village Small Scale Future Land Use Map Amendment ITEM NO.: III-B APPLICANT/ PGA Reserve, Inc. OWNER: 951 SW Country Club Drive Port St. Lucie, FL 34986 AGENT: Brian Nolan, ASLA Lucido & Associates, P.A. 100 Avenue A, Suite 2A Fort Pierce, Florida 34950 REQUESTED Small scale Future Land Use Map Amendment from to RS (Residential ACTION: Suburban - 2 du/acre) to COM (Commercial). PURPOSE: The proposed Future Land Use Map Amendment is to permit a replacement PGA golf clubhouse complex and new golf lodging and resort facility. LOCATION: 1920 Perfect Drive, Port Saint Lucie, FL TAX ID NO.: 3327-200-0001-000-4 (9.9 acre portion) PARCEL SIZE: 9.9 acres - portion of a 195 acre parcel EXISTING USE: PGA golf clubhouse complex FUTURE LAND RS (Residential Suburban - 2 du/acre) USE: ZONING: PNRD (Planned Non-residential Development) - Portion of the Reserve DRI PROPOSED USE: Golf clubhouse complex, lodging and resort facility. Petition: PGA Village FLUMA September 16, 2010 Page 2 of 7 PROPOSED COM (Commercial) FUTURE LAND USE: SURROUNDING PROPERTY: North, South, Zoning: PUD (Planned Unit Development) East and West: FLU: RS (Residential Suburban — 2 du/acre) Existing Use: PGA Golf Complex and PGA Village Residential lots SERVICE INFORMATION: Public Utility Energy: Florida Power and Light Providers: Water: Reserve Utility Corporation Wastewater: Reserve Utility Corporation Public Service Storm Water: South Florida Water Management District Providers: Fire Rescue & EMS: St. Lucie County Fire District, Station No. 14 Law Enforcement: St. Lucie County Sheriff Background Location: The portion of the PGA Village under review is 9.9 acres located approximately 1,300 feet from Reserve Boulevard at 1920 Perfect Drive. The existing use of the property is a golf clubhouse complex for the PGA of Americas existing golf facilities at the PGA Village Golf Community. Current Future Land Use: The Future Land Use designation of the subject property is RS (Residential Suburban — 2 du/acre), which "...is intended to act as a transitional area between the agricultural areas and the more intense residential areas in the eastern portion of the County. The RS designation is intended for large lot, single-family detached residential dwellings, at a density of one to two units per gross acre." Proposed Future Land Use: The proposed Future Land Use designation is COM (Commercial), which "...is intended to accommodate all commercial zoning districts as identified under St. Lucie County's Land Development Code. The COM land use designation is applicable to areas of future commercial development, in addition to those existing developed commercial areas. Office and general retail uses are considered the principal uses." Current Zoning: The current zoning of the subject property is PNRD (Planned Non -Residential Neighborhood). The purpose of this district "...is to achieve non-residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. Permit creative approaches to the development of non-residential land reflecting changes in the technology of land development; B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; C. Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and D. Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. Petition: PGA Village FLUMA September 16, 2010 Page 3 of 7 Staff Analysis Compliance with the Comprehensive Plan: Staff's analysis indicates that the proposed COM Future Land Use designation in this area is consistent with the St. Lucie County Comprehensive Plan. The Treasure Coast Regional Planning Council has confirmed that the proposed change in Future Land Use does not generate a Notice of Proposed Change (NOPC) to the adopted Reserve (now referred to as PGA Village) Development of Regional Impact (DRI). The change in Future Land Use designation from RS to COM does not result in an increase in anticipated impacts. The requested change meets Policy 1.1.5.3 requiring the subject property to be within a quarter mile of the same or greater type of land use classification. Directly across the street from the subject property on Reserve Boulevard is property designated COM. The proposed change further complies with Policy 1.1.5.4 requiring all new development projects to occur where water and waste water sewer services can be provided. Existing potable water and wastewater lines service the property (see the Potable Water, Wastewater and Water Treatment section below). Compliance with State Statutes and the State Comprehensive Plan: The subject property is a portion of the Reserve DRI (PGA Village) approved by both the County and the Department of Community Affairs (DCA) in 1989. The Treasure Coast Regional Planning Council has confirmed that the proposed change in Future Land Use does not result in an increase in gross impacts, therefore a Notice of Proposed Change (NOPC) to the Reserve DRI is not warranted. Because the proposed change does not require an NOPC and the subject property is no more than 10 acres in size, DCA will not review this FLUMA for compliance with the State Comprehensive Plan. Compatibility with Existing Neighborhood: The requested COM (Commercial) Future Land Use designation is to allow expansion of the existing golf club and new lodging facilities. These facilities are consistent with the existing PGA golf facilities and adjacent residential communities. The facility is described as the "ultimate golfing destination" and managed by the Professional Golfing Association of America, Inc. The current PNRD zoning will require a major adjustment to the approved site plan. Staff review of the revised site plan will ensure compatibility with the existing neighborhood, and public notice is required as a part of the approval process. Therefore, the proposed COM Future Land Use and its underlying PNRD zoning is compatible with the surrounding neighborhood. Environmental Resources: St. Lucie County Environmental Resource Department has reviewed the petition and submitted a report on the environmental impacts of the proposed FLUMA as follows: The Environmental Resources Department (ERD) is in receipt of the July 16, 2010 Planning and Development Services' date -stamped submittal. The applicant requests approval of a Plan Amendment to change the future land use designation of 9.9 acres from RS (Residential Suburban) to COM (Commercial). Environmental Resources staff has completed a site visit and initial review. The project site is located at 1920 Perfect Drive within the Reserve (PGA Village) Development of Regional Impact (DRI). The site consists of an existing clubhouse, associated landscaping, parking, and other golf support areas which were approved as a Planned Non -Residential Development (PNRD). There is no native habitat remaining within the subject property. No improvements are proposed as part of this Plan Amendment application. No improvements are proposed and no native habitat exists within the subject area; therefore, no adverse affects to the environment are anticipated. Landscaping and open space requirements will be reviewed at time of site plan submittal if any future changes to the existing PNRD are requested. Existing landscaping includes some Florida Exotic Pest Petition: PGA Village FLUMA September 16, 2010 Page 4 of 7 Plant Council (FLEPCC) listed invasive exotics, specifically Ruellia brittoniana. Staff recommends removal of all FLEPCC listed species and replacement with native species. ERD supports approval of the plan amendment. Natural Hazards: The subject property is located in a FEMA flood zone "X," which is an area of low flood risk and generally considered to be out of the 500-year flood plain. St. Lucie County Fire District: The subject property is serviced by fire station number 14. The Fire District has reviewed the proposed Future Land Use Map Amendment, has no objection to the project and has confirmed payment of the required review fees. School Impacts: The proposed amendment is a non- residential use, and no school impacts are anticipated. Transportation Impacts: The subject property is located within the Reserve DRI (PGA Village). Land uses are limited by the gross development entitlements granted under the Final Development Order for The Reserve DRI. St. Lucie County Resolution No. 09-016 (the latest Development Order for the Reserve) contains provisions for the gross development entitlements in condition No. 51. This condition specifically allows the petitioner to make changes to previously approved entitlements by converting all or some of those entitlements to another use, so long as the gross traffic impacts do not exceed the base thresholds used to evaluate the DRI. Provided the applicant adheres to the provisions of condition No. 51, a traffic report is not warranted for the proposed amendment. Parks and Recreation: The proposed amendment is not for residential use, therefore there are no impacts associated with parks and recreation. The nature of the existing use provides recreational facilities for the nearby residents that satisfy some proportion of the total recreation demand of the community. Solid Waste: Currently all solid waste generated in St. Lucie County is disposed at the St. Lucie County Bailing and Recycling Facility, located in the southwest corner of the City of Ft. Pierce. This landfill is identified in the recent Evaluation and Appraisal Report of the Comprehensive Plan as having sufficient capacity for at least the next 20 years. This proposed change will not materially impact the level of service standard for the County's solid waste facility found in Policy 6B.1.1.1 at 9.31 pounds per capita, per day. Potable Water and Wastewater Treatment: Utility services are presently available to the site and are provided by the Reserve Utility Corporation. The Reserve Utility Corporation has confirmed that there is sufficient water supply and wastewater capacity to service this site. Development Requirements: Approval of the proposed Future Land Use Map Amendment constitutes a preliminary development order and does not grant approval for any specific development scenario. However, upon approval the applicant may proceed to seek permission for further development of the property for commercial purposes. Prior to the issuance of any final development order, the future developer must demonstrate that all public facilities are available to service the parcel and obtain a Certificate of Capacity. Petition: PGA Village FLUMA September 16, 2010 Page 5 of 7 The applicant's intent is to construct a replacement PGA golf clubhouse complex and new golf lodging and resort facility to accommodate 100 guest rooms. A major adjustment to the existing PNRD site plan will be required and include approval by the Board of County Commissioners. Analysis Summary: As the petitioned property is located within the boundary of an approved Development of Regional Impact, land uses on this property are limited by the gross development entitlements granted under the Final Development Order for The Reserve DRI (PGA Village). The proposed FLUMA is consistent with the provisions of Condition No. 51 of Resolution 09-016 provided the gross impacts of the proposed development do not exceed the base thresholds identified in the impacts assessments used to evaluate this DRI. The PGA golf clubhouse complex is authorized under the approved Final Development Order for the Reserve for approximately 90,000 square feet of overall non-residential commercial/office use (approx 10,000 sq ft in clubhouse and approximately 80,000 square feet in future retail). The proposed clubhouse will be expanded by approximately 15,000 square feet. This leaves approximately 65,000 square feet of undeveloped commercial square footage (based upon the approved PNRD master plans for the clubhouse complex) that can be used for either commercial or converted use purposes. Condition No. 51, of Resolution 09-016, provides a use conversion table (see below) that is applicable to the overall Reserve (PGA Village) DRI. The petitioners propose to change approximately 15,000 square feet, of the remaining 65,000 square feet of commercial land use in this area to the equivalent trip generator for hotel units, which in this instance, totals out to 100.65 guest rooms. Since the conversion of this commercial square footage to hotel units is based on equivalent trip generation rates, no changes are required to any part of base Development Order for this DRI since the gross impacts generated from this site have not changed. Every two years until the completion of the DRI, an annual report is required to be filed with the County, the Treasure Coast Regional Planning Council and the Florida Department of Community Affairs. The most recent report submitted in the winter of 2009/10, indicates that there are no service capacity deficiencies within the Reserve. All required Level of Service (LOS) standards are being met and the introduction of this new clubhouse facility along with the addition of the proposed hotel units is not expected to result in any failed LOS standards. Condition No. 51 Table To Get General Land Trade Use Off Light Single Condo/ Hotel Timeshare Office Shopping Industrial Family Townhouse Center General Light 1,000 sf -- 1.40 du 2.42 du 1.70 rms 2.57 units 579 sf 253 sf Industrial Single 1 du 715 sf -- 1.73 du 1.21 rms 1.83 units 414 sf 181 sf Family Condo/ Townhouse 1 du 413 sf 0.58 du -- 0.70 rms 1.06 units 239 sf 104 sf Hotel 1 rm 590 sf 0.82 du 1.43 du -- 1.51 units 341 sf 149 sf Timeshare 1 Unit 390 sf 0.55 du 0.94 du 0.66 rms -- 226 sf 99 sf Office 1,000 sf 1727 sf 2.42 du 4.19 du 2.93 rms 4.43 units -- 437 sf Shopping 1,000 sf 3953 sf 5.53 du 9.58 du 6.71 rms 10.14 units 2289 sf -- Center Petition: PGA Village FLUMA September 16, 2010 Page 6 of 7 Staff Recommendation: Staff recommends that the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners for the PGA Village small scale Future Land Use Map Amendment (Ordinance No. 10-035). Petition: PGA Village FLUMA September 16, 2010 Page 7 of 7 Suggested motion to recommend approval/denial of this request: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE PETITION OF PGA RESERVE INC., FOR A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP FROM RS (RESIDENTIAL SUBURBAN — 2 DU/ACRE) TO COM (COMMERCIAL) BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, 1 HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPROVAL OF THE PETITION OF PGA RESERVE INC., FOR A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP FROM RS (RESIDENTIAL SUBURBAN — 2 DU/ACRE) TO COM (COMMERCIAL) BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] Environmental Resources Department Final Report TO: Britton Wilson, Planning & Development Services Department THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Jennifer Evans, Senior Environmental Planner DATE: August 24, 2010 SUBJECT: PGA Village Plan Amendment PA 720104078 Background The Environmental Resources Department (ERD) is in receipt of the July 16, 2010 Planning and Development Services' date -stamped submittal. The applicant requests approval of a Plan Amendment to change the future land use designation of 9.9 acres from RS (Residential Suburban) to COM (Commercial). Environmental Resources staff has completed a site visit and initial review. The project site is located at 1920 Perfect Drive within the Reserve (PGA Village) Development of Regional Impact (DRI). The site consists of an existing clubhouse, associated landscaping, parking, and other golf support areas which were approved as a Planned Non - Residential Development (PNRD). There is no native habitat remaining within the subject property. No improvements are proposed as part of this Plan Amendment application. Findings No improvements are proposed and no native habitat exists within the subject area; therefore, no adverse affects to the environment are anticipated. Landscaping and open space requirements will be reviewed at time of site plan submittal if any future changes to the existing PNRD are requested. Existing landscaping includes some Florida Exotic Pest Plant Council (FLEPCC) listed invasive exotics, specifically Ruellia brittoniana. Staff recommends removal of all FLEPCC listed species and replacement with native species. Recommendation ERD supports approval of the plan amendment. Please contact Jennifer Evans at 772-462-3862 if you have any questions. 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE NO. 10-035 FILE NO.: FLUMA - 720104078 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO APPROVE AMENDING THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR A 9.9 ACRE (M.O.L.) PARCEL OF LAND OWNED BY PGA RESERVE INC., FROM RS (RESIDENTIAL SUBURBAN — 2 DU/ACRE) TO COM (COMMERCIAL), PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIO PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; VIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; ID FOR FILING WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ION. WHEREAS, the Board of County CommissioriM of St. Lucie County, Florida, based on the testimony and evidence, including but not limited W the sty teport, has made the following determinations: 1. Brian Nolan, of Lucido and A "des, P.A., Inc., a, representative for PGA Reserve Inc, has filed a petition for an a►rien to the adooled Comprehensive Plan Future Land Use Element for a 9.9 acre (More or ) parcel tend, located at 1920 Perfect Drive, Port St. Lucie, FL, from ,R,S (Re ' Suburban — 2 du/acre) to COM (Commercial) with SL Lucie County, Florida, in a6c6rdance with Chapter 163, Florida Statutes; and, 2. The Board of County Commissioners of Sly, Lucie County as the governing body of St. Lucie County g juri n over this application pursuant to Chapter 163, Florida Statutes, is au ed empoweW to consider amendments to the adopted Compfetwwriive Pla6cttt. Lucie Court and, 3. On September 16,,201 b, St. Lucie County Planning and Zoning Commission/Local Planning Agency held a pijbk hearing, of which due notice was published in the St. Lie News Tribune, and reoommended to the Board of County Commissioners that the petition for FLfktre Land Use Map Amendment for PGA Reserve Inc. be approved/denied; and 4. On OWBoard of County Commissioners of St. Lucie County, Florida held a public hearing, which due notice was placed in the St. Lucie News Tribune, and deemed the adoption of the amendment to the Comprehensive Plan to be in the best interests of the citizens and residents of the County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. AMENDMENT TO FUTURE LAND USE DESIGNATION The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan for the property described in Exhibit "A," attached hereto, containing 9.9 acres more or less, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Ordinance No. 10-035 File No.: FLUMA-720104078 Page 2 located at 1920 Perfect Drive, Port St. Lucie, FL, from RS (Residential Suburban — 2 du/acre) to COM (Commercial), as depicted in the attached Exhibit "B." B. FINDING OF CONSISTENCY The Board of County Commissioners of St. Lucie County, Florida, specifically determines that the approval of this amendment to the adopted Comprehensive Plan Future Land Use Element is internally consistent with the policies and objectives contained in the St. Lucie County Comprehensive Plan and consistent with standards for review of plans and plan amendments of Rule 9J-5, Florida Administrative Code, and prov' -fir the recognition that impacts of this approval on the public facilities of St. Lucie CountyiA 0 not occur until such time as a Final Development Order for development on this property JiUsued. C. CHANGES TO FUTURE LAND USE MAPS The St. Lucie County Planning and Development Sonokes Director is he authorized and directed to cause these changes to be made in the Future Land Use Map of-ft Future Land Use Element of the St. Lucie County Comprehenidve Plan and to make notation of reference to the date of adoption of this Ordinance. D. CONFLICTING PROVISIONS Special acts of the Florida Legislature .epp only to orporated areas of St. Lucie County, County Ordinances and County ResotufiwM6 or part8 thereof, in conflict with this Ordinance are hereby superseded by this Oglinance- extent atsuch conflict. E. SEVERABILITY If any portion of thisbrdinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding! not affect ft remaining portions of this Ordinance. If this Ordinance or any i`rer beheld to be inapplicable to any person, property, pry. stances; such holding shad wt affect its applicability to any other person, property41rc1rcurnstance._ . F. APPLICABILITY O'VORDOWICE This Ordi .lice shall be appble as stated in Paragraphs A, B and C. G. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby'' d forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS The Planning and Development Services Director shall send a certified copy of this Ordinance to the Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Ordinance No. 10-035 File No.: FLUMA-720104078 Page 3 EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10), Florida Statutes. J. ADOPTION After motion and second, the vote on this Ordinance was as follows: Charles Grande, Chairman xxx Doug Coward, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Chris Craft, Commissioner XXX Paula Lewis, Commissioner XXX PASSED AND DULY ADOPTED this day of 2010. -BOARb OF C6UWY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 8Y Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Exhibit "A" LEGAL DESCRIPTION: Ordinance No. 10-035 File No.: FLUMA-720104078 Page 4 A parcel of land lying in Section 27, Township 36 South, Range 39 East, St, Lucie County, Florida, and being more particularly described as follows: Commence at the Northeast corner of Lot 66 according to the Plat of Reserve Plantation Phase I, as recorded in Plat Book 24, Page 20, of the Public Records, of St. Lucie County, Florida, said point being on the Southerly line,of a 300.00 foot Ingress and Egress Easement known as 'Reserve Boulevard", and rded in Official Records Book 629, Pages 2523 through 2526 inclusive of the Fhftc Records, of St. Lucie County. Florida: Thence Southeasterlv along the Souffi0tv Mdansion of said 'Reserve Boulevard"; South 487' curve concave to the 2575'29"; thence Soutt feet to a point of tangei point of curvature of a feet and a central angl arc distance of 750.83 distance of 434.07 feel having a radius of 130( the arc of said curve, South 18"14'52" East, curve concave to the IS 18"43'35"; thence SoW feet to a point of rew- 25.00 feet and a ceftz curve a distance of 39. thence North, W'47'53" distance .1 fei dist ��'bf 403.31 Nor[5"47'53" West, distance of 79.08 feet; of cu rvaturo of a cu ry central ang" 90"00 157.63 feet to "point feet; thence Sou* a distance of 13.50 37" East, a distance of 27027 feet to the -Beginning of a circular )uthwest having a radius, c( 2350.00 feet a central angle of ;asterly along the arc amaid curve, an arc ce of 1035.97 cy; thence South 22' 8" East, a distance of 2 feet, to a ;ircular curve concavt V the West, having a radii of 1124.00 of 3876'24"; thence S erg � �ng the arc of said curve, an feet, to a point of tange ,� �ience South 15"20'16" West, a to a point of curvature of a ocular curve concave to the East 00 feet and 8 o angle of '08"; thence Southerly along in arc distanceof 76 feet t6 a point of tangency; thence i distance of 784.39 f9K 0a point of curvature of a circular xftiat having 61radto of 1b*;$7 feet and a central angle of �asteriyAlong the# Akc of said curve an arc distance of 338.24 e curvature of a cd�w, concave to the West having a radius of angle ;of 91 "10'34"; lNence Southwesterly along the arc of said 8 few: n *South 5V12'07" West, a distance of 596.90 feet; ` a distanc6)OCW.00 feet; thence South 5472'07" West, a t * the Point of Beginning; thence South 35"47'53" East, a them South 5472'07" West, a distance of 666.09 feet; thence distMce of 571.88 feet; thence North 54"12'07" East, a e North"09"12'07" East, a distance of 251.17 feet, to a point cave to the South having a radius of 100.35 feet and a 0( ,,. thence Easterly along the arc of said curve a distance of i_ " gency; thence South 80°47'53" East, a distance of 359.19 3" East, a distance of 92.19 feet; thence North 5472'07" East, to the Point of Beginning. Said parcel containing 9.9 acres, more or less. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Ordinance No. 10-035 File No.: FLUMA-720104078 Page 5 Exhibit "B" FUTURE LAND USE MAP FLUMA-720104078 Future Land Use PGA Village i 2 3 Ordinance No. 10-035 File No.: FLUMA-720104078 Page 6 Exhibit "C" CONCURRENCY DEFERRAL AFFIDAVIT Supplement 4 St. Lucie County Concurrency Deferral Affidavit I Soren Spiers residing or doing business at 951 NW country Club Dr. Nam tr„ Port Saint Lucie FL 34986 772.340.1444 citya ee ---- 7,—p— Phone have applied for a small Area Future Land Use Amendment from St. Lucie County, Florida, Type of Deve4rftnt order for the following project: 9.9 ac. (moi) parcel located at the PGA Clubhouse within the Reserve DRI acre of ProposedDevelopment Parcel ID Number(s): A part of Parcel to Number 3327-200-M1-000-4 I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County LDC, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Wicant Nwns Rnw) $gnaiureofABa a(�-je STATE OF 010«d0. 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Pierce, FL 34950 Property Location 1920 Perfect Dr, Port St. Lucie, FL Future Land Use From RS (Residential Subur- ban - 2 du/acre) to COM (Commercial) Zoning PNRD (Planned Non - Residential Neighborhood) Staff Recommendation Approval Proiect Description PGA Reserve Inc. is petitioning for a change in the Future Land Use of a 9.9 acre parcel from RS (Residential Sub- urban- 2 du/acre) to COM (Commercial). Background The proposed COM Future Land Use designation is to construct a replace- ment PGA Golf clubhouse complex and new lodging facility to serve the PGA golf facilities at the Reserve. The project has not yet been fully designed. However, the applicant states the ap- proximate square footage of the new/ replacement clubhouse complex is 30- 35,000 square feet. In addition, the petitioner plans to construct approxi- mately 100 hotel units in a new golf lodging facility to be located on site. The approved Final Development Or- der for the Reserve, includes authori- zation fora 90,000 square foot PGA clubhouse. The Planning & Zoning Commission strongly encourages your input and com- ment at the public hearing. You may also mail or email written comments in ad- vance of the public hearing for inclusion in the official record regarding this pro- ceeding. Further details are available in the Plan- ning & Development Services Depart- ment, please contact: Staff Britton De Witt Senior Planner Tel. 772-462— 2822 Email Wilsonb@StLucieco.org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 Anyone with a disability requiring accom- modation to attend this meeting may con- tact the SLC Community Services Direc- tor at least 48 hours in advance at 772- 462-1546 or TDD 772-462-1428. LEGAL DESCRIPTION: A parcel of land lying in Section 27, Township 36 South, Range 39 East, St. Lucie County, Florida, and being more particularly described as follows: Commence at the Northeast corner of Lot 66 according to the Plat of Reserve Plantation Phase I, as recorded in Plat Book 24, Page 20, of the Public Records, of St. Lucie County, Florida, said point being on the Southerly line, of a 300.00 foot Ingress and Egress Easement known as "Reserve Boulevard", and recorded in Official Records Book 629, Pages 2523 through 2526 inclusive of the Public Records, of St. Lucie County, Florida; Thence Southeasterly along the Southerly extension of said "Reserve Boulevard"; South 48°11'37" East, a distance of 270.27 feet to the Beginning of a circular curve concave to the Southwest having a radius of 2350.00 feet and a central angle of 25°15'29"; thence Southeasterly along the arc of said curve, an arc distance of 1035.97 feet to a point of tangency; thence South 22°56'08" East, a distance of 732.22 feet, to a point of curvature of a circular curve concave to the West, having a radius of 1124.00 feet and a central angle of 38°16'24"; thence Southerly along the arc of said curve, an arc distance of 750.83 feet, to a point of tangency; thence South 15°20'16" West, a distance of 434.07 feet, to a point of curvature of a circular curve concave to the East having a radius of 1300.00 feet and a central angle of 33°35'08"; thence Southerly along the arc of said curve, an arc distance of 762.03 feet to a point of tangency; thence South 18°14'52" East, a distance of 784.39 feet, to a point of curvature of a circular curve concave to the Northeast having a radius of 1034.87 feet and a central angle of 18°43'35"; thence Southeasterly along the arc of said curve an arc distance of 338.24 feet to a point of reverse curvature of a curve concave to the West having a radius of 25.00 feet and a central angle of 91 °10'34"; thence Southwesterly along the arc of said curve a distance of 39.78 feet; thence South 54°12'07" West, a distance of 596.90 feet; thence North 35°47'53" West, a distance of 140.00 feet; thence South 54°12'07" West, a distance of 554.05 feet to the Point of Beginning; thence South 35°47'53" East, a distance of 403.31 feet; thence South 54°12'07" West, a distance of 666.09 feet; thence North 35°47'53" West, a distance of 571.88 feet; thence North 54'12'07" East, a distance of 79.08 feet; thence North 09°12'07" East, a distance of 251.17 feet, to a point of curvature of a curve concave to the South having a radius of 100.35 feet and a central angle of 90°00'00"; thence Easterly along the arc of said curve a distance of 157.63 feet to a point of tangency; thence South 80°47'53" East, a distance of 359.19 feet; thence South 35°47'53" East, a distance of 92.19 feet; thence North 54°12'07" East, a distance of 13.50 feet to the Point of Beginning. Said parcel containing 9.9 acres, more or less. SL • FRIDAY, SEPTEMBER 3. 2010 • SCRIPPS TREASURE COAS' NEWSPAPERS • B7 C Z �2 W 2 ~ W rn Q Z Z Q = J CC13 � C O c •0 m 0 Cc \ 0)U 0 CL (n J er C O N E co c C .0 Z to c -L :E p r_ 'O N O U Q cn toO In K Ca N N m E z 1= O H 7 � -0 N IN O Q in U f4 1 Whale has to be euthanized after Martin County beaching BY GEORGE ANDREASSI geJENSEdreassitascril Zit IF V0D FIND A BEACHED WHALE, CALL• JENSEN BEACH — Port St. Lucie resident Rico Rorlds Fish and WNla OwmmvaUm 0anatleapm Brotherton took his Lela- stranded but Brat (888)4136.50 fives fromTbronto to Turtle NXUWW Wr'ars Fhdwfss Service, Apttssts:(561) Beach to sunbathe Thurs- 5754161 day and wound up helping scientists sponge down a beached pygmy sperm Goldstein examined the people watched and shot whale and carry the ailing adult animal on Turtle photos and videos. animal on a stretcher to a Beach, checking its heart "The animal is not in waiting ambulance beat and drawing blood a lot of pain right now," "I just came to the beach samples. McCulloch said on the and it's something where Shortly before 1 p.m., beach. "These annals are I've got to get involved several beachgoers helped very strong and powerful. because I love animals," scientists and wildlife offi- The animal is very relaxed Brotherton said. "I hate to cers carry the whale to the and subdued and ... resting seeanaturnalhurt" ambulance as dozens of comfortably" But the beached whale's survival wasn't meant to be, marine mammal experts said A marine ambulance transported the 11-foot-long, 873-pound male to the Har- bor Branch Oceanographic Institute at Florida Atlan- tic University's critical care center north of Fbrt Pierce for in-depth study, said Steve McCulloch, HBOI's marine mammal program manager He later told WPTV- NewsChannel 5 that the animal had to be eutha- niwdberausepygmy sperm whales are deep -water spe- cies that mono[ be accom- modated on shore nor can they be released back into the Door. HBO] Veterinarian Juli Literacy events coming Stott report The Florida Depart- ment of Environmental Protection's Florida State Parks and its partners are celebrating the fourth annual Florida literacy Month with special events at state parks and libraries statewide In conjunction with International literacy Day on Sept. 8 and National Library Card Signup Month, entrance to all of Florida's state parks will be free Sept. 10 through 12 for visi- tots who bring a library card, library book or who donate a new, or gently used family bode. Literacy activi- ties include: CHILDREN'S BOOK READING Where: Jahn D. MwArtw Beare State Paste, North Palm Beach Where. Sept. 10. 10 to 10:30 a.m. What• Children's librarian NaCy Hodges tom a* Village or North Palm Beach Library w8 read about sea tulles and sea turtle haa3krlgs. This pmgam is gored toward pre- disci aged children. There war be a Drat session and a gelded tar or the nature carter. For more mrarmaton: call (561) 6246952. READING IN THE PARK Whore Jonathan Dickinson State Park, Hobe Sound Whore Sept. 11, 10 a.m. to 2 pm. Jon park staff for a Neacy scavelge hurt, haft dory true, sounds or nature auditory gene, buld your own raft races and Deer M activities thmugto ut the day. For more nbmrBton, Cal(561) 745-5551. SIDEWALK ART Where Fort Piece tiet State Park, Fart PL_ When. Sept. 11, B am. to asset Local students are krvted ro Bustrate thorn tavoite storybook on the partrs sidewalks. Pre-regstted students wit receive a bag of sidewalk tldk and a square of sidewalk to decorate leaaxog scenes Dorn their favorite daybook. For more infortnaton and to register, cap (772)46B-3985. TEMPLE BETH EL LSRAEL Belonging to a Temple Community .__Priceless. BECOME A PART OF OUR deb "SPECIAL FAMILY' 4�L • 2010 Promotional Rates • Active Sisnorseatil Brotherhood • New Religious Seli Facility • Adult EducatioarClasses HIGH HOLY DAY TICKETS AVAILABLE Pk— roman Tempt° office fv uck . idfumeion once Innis IOI mO y - Fndn 551 SW Bethany Drive • Port St. Lucie 772-336-2424 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY PUBLIC HEARING AGENDA September 16'u, 2010 Aarom:wb..1 .1 �+�°x:ssii :tee os w aeosern v na prolo °1O�uev or n u� muvn. nuou muersto zee °Dort® meeeeeuuE es.w anus ws e oil wee a use owe n rs. saewr wc. reav e nvmlut aeeaauw - z ow,,ore m ea raeterauu rooters woes: aewsaurnrunr rr �a awushs ra srve,em; wauore xes vox hxs reoeo,, oeurr,en a sa+t •s�«E�,h:o �E' ��';�; emu"°:,�E�,:>=a%'�: auuawam,.sa.,a..s Harbor Branch Oceanographic Institute staff veterinarian Jull Goldstein, Isle, and Harbor Branch program director Steve McCulloch, right, lead Kenny Kroall, middle left, and Adam Schaefer, middle right, both with Harbor Branch, and a group of volunteers who were at Turtle Beach as they move a beached pygmy sperm whale to a transport truck ALFX eOEANFA •aleabcernereaeeripps.mm Thursdayafternoonln Jensen Beach. *epic lihrr I Job I I to} 12th 2010 }'il i t: Y kl>ik SE'•I -'-.r f - t tour �= a �•,r -r: F11 '.•.It-, 1t „t.n .�, t1 f 111,� kE t"Ri M" , ` I IP 1; i'7t' f l)kl? < 'rk ^ 11 °C�kth,l+ ',i 1. u-.I'rasw ('.aaaPuansFesccxvm Scacoswn Festival IIC, urs: Saturday 10 AM - 8 PM Sunday 10 AM - 6 PM Admission is FREE For more infix visit www.'FreasureC oastPirateFest,com 0 SCRIPPS Tteastae Coast Neaspapm. BREAKFAST WITH THE DOCTORS l Vero Orthopaedics Vero Neurology • • •... S. • A Tradition of Fxrcden,, " Saturday September 4, 2010 10:00 AM Registration 9:30 AM ........................ LOCATION: VERO MEDICAL SUITES 1155 35TH LANE SUITE 100, VERO BEACH, FL Located just behind Indian River Medical Center GUEST SPEAKERS Dr. Ofner, MD Dr. Gonsalves, MD Dr. Wade, MD Topic: HEADACHES Topic ARTHRITIS Topic: FOOT AND eo..d c.vu.d I-- ea.,a d�an.�i waa...ad ANKLE PROBLEMS Britton Wilson From: John Wiesenfeld Oohn.wiesenfeld@gmail.com] Sent: Saturday, September 04, 2010 3:40 PM To: Britton Wilson Subject: PGA Reserve Land Use Change Mr. Britton De Witt Senior Planner Planning and Development Services Department 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Mr. De Witt: We are residents of PGA Village and wish to add our written comments to the public record regarding the petition of PGA Reserve to change the Future Land Use of a 9.9 acre site from residential suburban to commercial. In a nutshell we request that the Planning and Zoning Commission deny this petition, specifically with regard to the construction of a sizable "golf lodging facility", which to all intents and purposes appears to be a hotel. We have no objection to an upgrading of the existing clubhouse within the currently existing authorization, but we do have a serious objection to what appears to be nothing less than a major change in the business operations that take place in our community. Our concerns are the following: --The subject property is part of a planned community. Given the staggering number of hotel rooms constructed during the last five years within a mile of the subject property, it seems the worst imaginable planning to approve yet another such business in the immediate proximity. Such a project offers the prospect of no additional new jobs; whatever employment opportunities would gained by the PGA will be lost at other hotels. The same may be said for tax revenues, of course. No net gains will be achieved until all of the hotels and similar lodgings in the area of I-95 exit 121 are operating near capacity. --Those individuals who own properties within PGA Village that are used to generate rental income and who purchased those homes in the reasonable expectation that no hotels would be built within the boundaries of the planned communities to the west of I-95 would be faced with the prospect of seeing the value of their properties being negatively impacted. This is a planned community; unless there is a pressing matter of policy or circumstance that creates a fundamental change in the public interest (as opposed to private interest) we see no reason why the future usage of this land ought to be changed. By the way, we do not hold an interest in any such property, nor do we intend to do so. However, we do believe that those who do should be permitted to retain their equity without unreasonable interference from after the fact redefinitions of land use that unilaterally benefit large land holders. --To those who would argue that somehow the construction of a hotel on this site would enhance local residential property values, please address the following question: "If a 100 unit hotel would enhance local property values by a certain amount, would a 200 unit hotel increase those values by twice that amount? What about 300 units? Would that triple the increase in property values?" The commission (and its staff) has the responsibility to understand the impacts of a decision to change the future land use of this property beyond the simple first -order expectation of additional real estate taxes associated with a new hotel. Will those enhanced tax revenues be offset by reduced property values of nearby residential rental units yielding no net gain (or worse) in county revenues? --Nowhere have we seen reference to matters relating to the traffic handling capabilities of the local streets leading into the PGA Village area. The proposed hotel would substantially increase volume on these streets. What is the potential impact and who is responsible for their mitigation? --Without seeing an actual design, it is impossible to assess the impact of the proposed structures on drainage in this area. As you are no doubt aware, PGA Village has had three serious floods since 2004 and homes have been damaged as a result. What additional retention structures and drainage canals will be necessary to mitigate completely the impact of additional impervious surfaces resulting from the new building, parking lots, and roadway modifications? --Finally, what does it mean to create a planned community, whether a PUD or a PNRD? We believe that reasonable people will agree that these communities are not immutable; some flexibility is necessary to attain goals of developing public policy. The subject petition calls for a change in land use from residential to commercial. Such a change might be approved if it would result in commercial activity that would be of direct benefit to the residents of the community in which that enterprise was located. What benefit is contemplated to those of us who live in this planned community? There are hundreds of hotel rooms available within minutes of the village entrance for friends and family who cannot be accommodated in our homes. The benefit here appears to accrue solely to the owners of the new facility and to the PGA, which appears to be changing the nature of its operations in St. Lucie, from something that was oriented to the recreational needs of local residents to something else, which is increasingly oriented to private members and resort guests. Where is the benefit to us? We believe that lodging capacity in this area is completely sufficient to operate a golf club in PGA's current location. This petition addresses an hotel, but eventually the commission should anticipate requests for restaurants, a night club, retail shops, and the like, all within the confines of what was planned as a residential community? PGA Reserve has no right to change the use of this land, and its request should be denied. With thanks for allowing us to provide our comments for the record, Sally Wiesenfeld John Wiesenfeld 8012 Kiawah Trace Port St. Lucie, FL 34986 Britton Wilson From: bconley854@aol.com Sent: Monday, September 06, 2010 6:20 PM To: Britton Wilson Subject: PGA Reserve Inc Zoning Change It would be helpful if somewhere in the approval process attention is called to the need for law enforcement to monitor Perfect Dr for excessive speeding. The way some people drive on this road will eventually lead to fatality. You have runners, walkers, kids in golf carts, adults in golf carts without protection from these speeders. No posted speed limits, no sidewalks, no law enforcement. Thank you W. Robert Conley 10079 Perfect Dr. Port St. Lucie, Britton Wilson From: Janet Beam [Janet@autotac.net] Sent: Friday, September 10, 2010 11:43 AM To: Britton Wilson Subject: Public Hearing Notice -PGA Village 1920 Perfect Dr We are owners of a home on 9939 Perfect Dr. We strongly disagree with constructing a 100 hotel unit complex. Too much traffic already. Way to many rental condos and hotels in this area. Bob & Janet Beam 9939 Perfect Dr Port St. Luice Britton Wilson From: Josie Groff Uhgroff@verizon.net] Sent: Monday, September 13, 2010 9:54 AM To: Britton Wilson Subject: September 16 meeting - PGA Village We have received the Public Hearing Notice in which PGA Reserve Inc. is petitioning a change in the land use from residential to commercial. We have no objection to the project of replacement of the present clubhouse facility. However, we are concerned about the addition of a 100 unit hotel adjoining this facility. We feel this would greatly comprise the security of our neighborhood since the project would be in close proximity to Bally Bunion Road. The question remains how would PGA insure the present level of security which we now have. We cannot be present at the meeting because of previous commitments. We wish to have our comments included in the record concerning this project. Paul and Josephine Groff 8733 Bally Bunion Road Port St. Lucie, FL 34986 Britton Wilson From: Erick Gill Sent: Wednesday, September 15, 2010 1:07 PM To: Mark Satterlee; Britton Wilson; Kara Wood Cc: Faye W. Outlaw; Lee Ann Lowery Subject: FW: St. Lucie County Online - Contact My Commissioner - Subject: Suggestion [Sri From: docdir@aol.com [mailto:docdir@aol.com] Sent: Wednesday, September 15, 2010 12:45 PM To: Webmaster; Erick Gill; Chris Dzadovsky; Doug Coward; Paula Lewis; Charles Grande; Chris Craft Subject: St. Lucie County Online - Contact My Commissioner - Subject: Suggestion This message was sent by Myrna&Dr. Ken Bridges at 9/15/2010 12:44:30 PM. Contact Phone Number: 772-489-0500 Message: Dear Commissioners, We would strongly recommend to amend the code from residential to commercial for PGA. We have lived in PGA for 14 years, and we have no complaints about their presence. We are delighted that they would like to invest in our county with the new expansion. With the declining economy, it can only benefit our community!!! Thanks for your consideration, Dr. & Mrs. Ken Bridges This message was sent from St. Lucie County Online - &=-,e _te: 'r c ,.a ' as ,P-v brow ' avbhc re o ds a,, s, Mist wirier , ommunicabors to er f m Coun._, ofiic,iais r_uard•n Cunt; business are pi,:bl t e, crds a.,,-a.3_ tohe _poi ana .media uaon repuest_ It is the posi-,, of St. Lune Lcvnty all Ccj ry recctds steal[ be racer fo� personal rsoe:tion exaroira,ior a- co rfmun'cat� s wil, be subjec to publ,c dsclosure unless an erempaon app'';es is the common cat or. ',f yti r. -eeeved this en- . 1 1-- ease tt se -de€ c,- repiv e mo I an,d oelele al, materais f,cr 3I1 computers. Britton Wilson From: Kara Wood Sent: Wednesday, September 15, 2010 10:02 AM To: Britton Wilson Cc: Mark Satterlee Subject: FW: St. Lucie County Online - Contact My Commissioner - Subject: None of the above A thumbs up for PGA. From: Erick Gill Sent: Wednesday, September 15, 2010 10:02 AM To: Mark Satterlee; Kara Wood Cc: Faye W. Outlaw; Lee Ann Lowery Subject: FW: St. Lucie County Online - Contact My Commissioner - Subject: None of the above FYI From: pfgarciaking@comcast.net [mailto:pfgarciaking@comcast.net] Sent: Wednesday, September 15, 2010 10:01 AM To: Webmaster; Erick Gill; Chris Dzadovsky; Doug Coward; Paula Lewis; Charles Grande; Chris Craft Subject: St. Lucie County Online - Contact My Commissioner - Subject: None of the above This message was sent by Patricia F Garcia -King at 9/15/2010 10:01:06 AM. Contact Phone Number: 772-468-7425 Message: I am a resident of Cypress Point in PGA Village and I support the land change request by PGA. Thank you Patricia F. Garcia -King This message was sent from St. Lucie County Online P-ease !rote F or;da ha, ver, br. ac . b!_ -eE ords aw.� f_iost ,v, r,:e'r to oir r unly officials regarding Ceunty business are public records available to ±ne a,,a —edia jLDnre�,ues: !t s the pc;: c,, of St. L_; pie Coun v:i-a- a i Coxll,v records steal: be apes for personal inspection, examination, and or copying. You e rca' Cumrtm,-)a t sub,Fcx tr ouhi . d's.,10« re un eSs 31 exa rr..icn apt Ie., to he commur cation. if you rece veal this email in error. please notify .re se^4er by repiv e »l,<: a oelet_ ai ra:enafro-r at! computers Please Note F v iaa r,as very brua'� U; i'. ecoros f0os, vvrntte^ communications to or from Coun'y officials regard,nc County business are public records available to the ujbrie arid rneoia .ipc, .e_.ue.: It is the no:cy of St. Lug e Cour } ta: acci County records shah be open for persona; inspection". examination, and i or copying. Your e_mi, one o-n cat ons voi; be sinieGl, to pub r discio .., e unless an cxerrp_ic,,? a p:�es to the com er,: ufon. if you race .e Ells email in error pie .se ro'ifv the sender be repi T a' a . _'elete w r on, « l' ornpu ers. Britton Wilson From: Mark Satterlee Sent: Wednesday, September 15, 2010 9:55 AM To: Britton Wilson Subject: FW: St. Lucie County Online - Contact My Commissioner - Subject: None of the above Mark Satterlee, AICP, Director Planning & Development Services St Lucie County, Florida 772.462.2822 satterleemO stlucieco.org From: Erick Gill Sent: Wednesday, September 15, 2010 9:48 AM To: Mark Satterlee; Kara Wood Cc: Lee Ann Lowery; Faye W. Outlaw Subject: FW: St. Lucie County Online - Contact My Commissioner - Subject: None of the above Mark — FYI From: AmTwist@aol.com [mailto:AmTwist@aol.com] Sent: Wednesday, September 15, 2010 9:43 AM To: Webmaster; Erick Gill; Chris Dzadovsky; Doug Coward; Paula Lewis; Charles Grande; Chris Craft Subject: St. Lucie County Online - Contact My Commissioner - Subject: None of the above This message was sent by Toni Rand at 9/15/2010 9:42:32 AM. Contact Phone Number: 772-489-5982 Message: I live in PGA and would like to say that I support the request by PGA for a zoning change to expand the clubhouse and to perhaps build a hotel on the PGA property - thank you Toni Rand 7957 Steeplechase Ct Port St Lucie, FL 34986 This message was sent from St. Lucie County Online ease Vcte = . r �a -ar Very broad pr,bI,c records !aws. Most writien communications to or from County officials regarcing County business are pubilc re, ords :i'e . cent: media don request. It is the poicy of St. Luce County .ha_ a;l Coanty records shall ne open foF personal inspection, exarninat or anw be sunie„ to p«b.4;. d'sdos.re. uress an exerrmp.109 applies ;o the common if you received t5s erne, e c. easy ,r f , se cer b", ,e-,hr e 1c and ceiete al, aerials iron, all computers r-ast o_e For da nas vertbroad ubllc records a,vs. [\lost tti er communications to er from County officials reaa-, ng County business are pubhc 'ecords _ ua' c ant` madia. u".Dr regrew: 11 is the pollcy of St Luoie Coun-v :ha*. all County records shall be oxen for personal inspection. exam atior arc r o, -o- , ng_ You H. c_ r muncnt c,s wi1! be subtec" to pubis disclosure un ess an exemption applies to the cu^mmun-cat on >f you received this ema' in error. � ea Se o-;t} t" s c;er Lt epi}- e ma'r ano ce[ee alma,e4sfron all computers. i v Britton Wilson From: fpprose@comcast.net Sent: Thursday, September 16, 2010 7:19 AM To: Britton Wilson Subject: P.G.A. zone change I will not be able to attend the meeting on Thursday, Sept.16, and therefore request that you and the commission deny the PGA a zone change from residential to commercial. Requesting a zone change for projects to be built ten years from now presents a potential problem whereby PGA may use the property for unrelated golf associated business. I ask that you share this request with the other commission members. Thank you . Frederick Prose Jr. D.M.D. 8316 Belfrey Place, PGA Village. Britton Wilson From: Margie Story [margie@gdstl.coml Sent: Thursday, September 16, 2010 8:59 AM To: Britton Wilson Subject: PGA Rezoning I am a resident of PGA Village and I am opposed to rezoning the 9.9 acre parcel from RS to COM. Margie Story Britton Wilson From: Erick Gill Sent: Thursday, September 16, 2010 8:07 AM To: Britton Wilson; Mark Satterlee; Kara Wood Cc: Faye W. Outlaw; Lee Ann Lowery Subject: FW: St. Lucie County Online - Contact My Commissioner - Subject: Select Subject FYI From: bunny9322@aol.com [mailto:bunny9322@aol.com] Sent: Wednesday, September 15, 2010 5:10 PM To: Webmaster; Erick Gill; Chris Dzadovsky; Doug Coward; Paula Lewis; Charles Grande; Chris Craft Subject: St. Lucie County Online - Contact My Commissioner - Subject: Select Subject This message was sent by Theora (Bunny) Webb at 9/15/2010 5:10:04 PM. Contact Phone Number: 772-467-1711 Message: The PGA Golf Club is applying for a zoning variance from residential to commercial to allow them to build, at some future date, a high -end 100 room guest lodge. As a resident of the PGA Village, Sabal Creek neighborhood, I support the PGA in this regard. I do so because the PGA has proven to be a responsible and good neighbor and they have the opportunity to attract visitors, events and revenue to St. Lucie West which will benefit our investment in this area. I hope the County Commission will grant the variance requested by the PGA Golf Club. Thank you. This message was sent from St. Lucie County Online ?lease `note: Honda has very brow p-bls. -ecc ds taus. Most t.. i;=en , ommunlcatio,is to or from, County off,c a1s regard no Coo rw business are pcbl c records available to the oJbl'c and midi<. up,.! re ,nest it i; the policy of St Luc:e County ',teat al Guunh, records sf:al be o��er „ ,verso al ins,.)ection, examination and or copving. Your e-mar, commur, .. t:o s wil be s:Ubject to P_r) d sc osure uniess an, exemption app ies tc ihe coma: ar ca: or: t .o_+ rece vex th!s ema i i- error osease nouf} .he se -der n' er�h e . a: a r' aeieie u a�er':ais f c a4 computers. Britton Wilson From: Horace S Webb [hsw123@aol.com] Sent: Thursday, September 16, 2010 3:34 PM To: Britton Wilson Cc: BBaldassari@pgahq.com Subject: Application for Re -Zoning by PGA Golf Club Dear Commissioners, I am writing in support of the application by the PGA of America to rezone 9.9 acres within the PGA Golf Club Property at PGA Village in St. Lucie County. I understand the first step is to see approval for a Land Use Change in order to support the construction of a new Clubhouse Facility. Also in their planning is to seek the necessary changes in zoning to allow for future construction of a lodge or hotel on the property. I believe the proposed changes will result in a new property use that will enhance the ability of the PGA of America to ensure the financial viability of the Golf Course as a business enterprise. And that would be good not only for our community but the County and the city of Port St. Lucie as well. I am president of the Sabal Creek Property Owners Association. I have sent a -mails to as many of the 153 owners of property in my community. Although we have not had a formal property owners meeting that would allow me to make an official comment on behalf of the entire community, I can report that all of the communications I have received from property owners in Sabal Creek support the proposed changes. Our only concern is to ensure that a proposed Golf Cart Path allowing golfers who live in Verano, the community south of PGA Village is constructed and monitored in a way not to diminish the security and safety of the residents of our Community. I have worked with the management at the PGA Golf Club on many projects in the past. I have found they listen to our concerns and I expect that the proposed Golf Cart Access will be handled in a way that will satisfy our concerns. Thank you. Horace S. Webb 7825 Sabal Lake Drive Port St. Lucie, Florida 34986 772 467-1711 Resident of PGA Village Small Area Future Land Use Map Amendment St. Lucie County, Florida PGA Golf Properties 951 SW Country Club Drive Port Saint Lucie, FL 34986 July 16, 2010 lu��o associates Table of Contents Exhibit A: Site Aerial Exhibits Exhibit B: Existing Future Land Use Exhibit Exhibit C: Existing Use of Land Exhibit Exhibit D: Exhibit Description and Sketch of Legal Treasure Coast Regional Planning Council Memo Exhibit F: Pre -Application meeting response Letter Exhibit G: Main Development Application Exhibit H: Map Change and Text Amendment Supplement Application Exhibit I: Shared Parking Analysis Exhibit J: Reserve DR1: Transportation Conditions Memo Exhibit Capacity Verifications Exhibit A Site Aerial Exhibits 51 16 K� t a iU imp Exhibit B Existing Future Land Use Exhibit N Feet 0 100 200 400 Legend * PGA Clubhouse _ RS - ROW PGA Clubhouse Existing Future Land Use Exhibit rf 1 `�" oSzassoctat� Exhibit C Existing Use of Land Exhibit Exhibit D Legal Description and Sketch of Legal LEGAL DESCRIPTION A parcel of land lying in Section 27, Township 36 South, Range 39 East, St. Lucie County, Florida, and being more particularly described as follows: Commence. at the Northeast corner of Lot 66 according to the Plat of Reserve Plantation Phase 1, as recorded in Plat Book 24, Page 20, of the Public Records, of St. Lucie County, Florida, said point being on the Southerly line, of a 300.00 foot Ingress and Egress Easement known as `Reserve Boulevard", and recorded in Official Records Book 629, Pages 2523 through 2526 inclusive of the Public Records, of St. Lucie County, Florida; Thence Southeasterly along the Southerly extension of said 'Reserve Boulevard'; South 4811'37" East, a distance of 270.27 feet to the Beginning of a circular curve concave to the Southwest having a radius of 2350.00 feet and a central angle of 251529', thence Southeasterly along the arc of said curve, an arc distance of 1035.97 feet to a point of tangency; thence South 22'56'08" East, a distance of 732.22 feet, to a point of curvature of a circular curve concave to the West, having a radius of 1124.00 feet and a central angle of 3816'24', thence Southerly along the arc of said curve, an arc distance of 750.83 feet, to a point of tangency; thence South 15'20'16" West, a distance of 434.07 feet, to a point of curvature of a circular curve concave to the East having a radius of 1300.00 feet and a central angle of 33'35'08', thence Southerly along the arc of said curve, an arc distance of 762.03 feet to a point of tangency; thence South 18'14'52" East, a distance of 734.39 feet, to a point of curvature of a circular curve concave to the Northeast having a radius of 1034.87 feet and a central angle of 18*43*35', thence Southeasterly along the arc of said curve an arc distance of 338.24 feet to a point of reverse curvature of a curve concave to the West having a radius of 25.00 feet and a central angle of 9110'34', thence Southwesterly along the arc of said curve a distance of 39.78 feet; thence South 5412'07" West, a distance of 596,90 feet; thence North 35°47'53" West, a distance of 140.00 feet; thence South 5412'07" West, a distance of 554.05 feet to the Point of Beginning; thence South 35'47'53" East, a distance of 403.31 feet; thence South 5412'07" West, a distance of 666.09 feet; thence North 3547'53" West, a distance of 571.88 feet; thence North 5412'07" East, a distance of 79.08 feet; thence North 0912'07" East, a distance of 251.17 feet, to a point of curvature of a curve concave to the South having a radius of 100.35 feet and a central angle of 90'00'00'; thence Easterly along the arc of said curve a distance of 157.63 feet to a point of tangency; thence South 80'47'53" East, a distance of 359.19 feet; thence South 35°47'53" East, a distance of 92.19 feet; thence North 5412'07" East, a distance of 13.50 feet to the Point of Beginning. Said parcel containing 9.9 acres, more or less. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE; LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT—OF—WAY AND/OR EASEMENTS OF RECORD. -- - ------- ----------- MI AEL T. KOLODZIE ZYK PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 3864 DESCRIPTION CLUBHOUSE FUTURE LAND USE AMENDMENT Prepared For PGA OF AMERICA ?_13-2 o SIGNATURE DATE Sheet 1 of 2 File: 09-090 SD CULPEPPER & TERPENING, INC 9.9Acre.dwg - CONSULTING ENGINEERS I LAND SURVEYORS Date: 7-13-2010 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 PHONE 772-464-3537 FAX 772-464-9497 v Tech: SB w%v.ct-eng.com STATE OF FLORIDA CERTIFICATION No. LB 4296 d` O Goy°! yA0 y�. o>� .ems y� �y 1,,5 ly*s .11.1 `l !� yo. x9'� A Gy20o d.� CIO0'�+iip� 1-11, 'pi dos>d o. SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY SOUTHERLY LINE OF A 300.00 FOOTINGRESS/EGRESS EASEMENT RESERVE BOULEVARD (a R.B. 629, PG. 2523) S15'20'16"W r434.07' L6=' S18'14'S2"E R=31300335'OB".00' L=762.0 784.39' 3' CB=SO1'27'18"E CD=751.17' O � �GQd S80.47'g3•E m 359.19' y°'`Lp ITO O S80'47 m-i 100.3� t\ POB o i� 1•F. F 9.9 ACRE PARCEL SKETCH OF DESCRIPTION OF CLUBHOUSE FUTURE LAND USE AMENDMENT Prepared For PGA OF AMERICA cPJ P�O� J�Qv � � 10L= � 200 SCALE IN FEET POC NER LOT 66 ON PHASE 1 24. PG. 20) S48'11 A=25'15'29" R=2350.00' L=1035.97' S22'56'08'E CB=S35'33'52"E 732.22' CD=1027.60' 6=38'16'24" R-1124.00' L=750.83' CB=SO3'47'56"E CD=736.95' A = INCLUDED ANGLE R = RADIUS L = ARC LENGTH CB = CHORD BEARING CD = CHORD DISTANCE CIR = CIRCLE PG = PAGE PB = PLAT BOOK POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR THE SOUTHWEST LINE OF RESERVE BOULEVARD IS ASSUMED TO BEAR SOUTH 22*56*08" EAST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. Sheet 2 of 2 ile: 09-090 SD CULPEPPER & TERPENING, INC 9.9ACre.dwg CONSULTING ENGINEERS I LAND SURVEYORS )ate: 7-13-2010 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 (t!y�wv^PHONE 772-464-3537 FAX 772-464-9497 tech: S8 www.ct-eng.com STATE OF FLORIDA CERTIFICATION No. LB 4286 Exhibit E Treasure Coast Regional Planning Council Memo TREASURE COAST REGIONAL PLANNING COUNCIL INDIAN RIVER - MARTIN - PALM BEACH - ST. LUCIE July 27, 2010 Greg Boggs, RLA L,ucido & Associates 100 Avenue A, Suite 2A Fort Pierce. FL 34950 Subject: The Reserve Development of Regional Impact Dear Mr. Boggs: This letter is in response to your letter of June 2, 2010 requesting that Treasure Coast Regional Planning Council provide a letter agreeing that the addition of a lodge to the existing clubhouse at PGA Village in The Reserve Development of Regional Impact would not constitute a Notice of Proposed Change (NOPC). Based on the information provided in your letter, as well as information receive by Peter Merritt in a telephone conversation with you on June 21, 2010 and by email on July 22, 2010, the proposed renovations to the clubhouse area will not require a change to the Master Plan or a change to the Development Order. Therefore, Council concurs that the proposed activities will not require submittal of an NOPC, provided the conversion methodology included in the Development Order is properly applied. Please contact me or Peter Merritt if you have any questions. Sincerely, Michael J. Busha, AICP Executive Director MJB:pgm cc: Kristen Tetsworth, St. Lucie County "Regionalism One Neighborhood A t _A Time" • Est. 1976 4 2 1 S.W. Camden Avenue - Stuart, Florida 3 4 9 9 4 Phone (772) 221-4060 - Fax (772) 221-4067 - www.tcrvc.org Exhibit F Pre -Application Meeting Response Letter 1ucido& associates July 16, 2010 Kristin Tetsworth, Senior Planner St. Lucie Co. Planning & Development Services Planning Division 2300 Virginia Avenue Ft. Pierce, Florida 34982 Re: PGA Reserve — Small Area Future Land Use Map Amendment for future Clubhouse Expansion (Our Reference Number: B09-13LP) Dear Ms. Tetsworth, We are in receipt of your letter dated May 3, 2010, wherein you provided an overview of and responses to questions raised in our meeting held on April 29, 2010 as it related to the above referenced project. Many subjects were discussed in the aforementioned meeting, however, I would like to address the points you raised in your above referenced letter as it relates to the Small Area Future Land Use Map Amendment to allow for expansion of the existing clubhouse facility to accommodate lodging (hotel) facilities; specifically, the requested justification statements to St. Lucie County Comprehensive Plan ("Comp. Plan") Policies 1.1.8.1 through 1.1.8.11 and question # 8 (8b and 8c). Outlined below, beginning with Comp. Plan Objective 1.1.8, are justification statements in bold italics below. *************** Objective 1.1.8: Property owners investments, their quality of life and the single family neighborhood, as a defined residential area, shall be protected from the encroachment of commercial and/or other inappropriate land uses through consistent predictable application of the Land Development Regulations. This requested amendment to the St. Lucie County Comprehensive Plan is to provide for a change in Future Land Use designation for a 9.9 acre (mol) parcel of land located in the Reserve (PGA Village) Development of Regional Impact - PGA Clubhouse Area, from the RS (Residential Suburban) to COM (Commercial) Future Land Use designation. The proposed designation of this property to the COM Future Land Use designation is for the purpose of providing the opportunity to construct a new/replacement PGA Golf clubhouse complex and administrative support area and a new golf lodging facility that will serve the existing PGA golf facilities located at the Reserve. Final footprints for the new/replacement PGA Golf clubhouse complex and the new lodging facility have not yet been completed, however, the approximate square footage of the new/replacement clubhouse complex is 30-35,000 sq. ft. In addition, it is the objective of the petitioner to construct approximately 100 hotel units in a new golf lodging facility that will be located on this site. While land uses in this area are predominately residential (refer to Exhibits B and C), the redesignation of this property to a Commercial (COM) Future Land Use Classification, when considered along with the accompanying petition for Major Adjustment to the sites current PNRD (Planned Non -Residential Development) zoning approvals in order to permit the new PGA Golf clubhouse complex and golf lodging facility, would not be considered inconsistent with other land uses found in the area. Application of the PNRD zoning district to this property allows for a narrow definition of the potential future uses on the property, where any deviation from these identified uses would require that an afrmative vote for such a change from the County Commission be obtained. Policy 1.1.8.1: All new subdivisions, planned unit developments and site development plans shall be designed to include an efficient system of internal traffic circulation that does not require internal trips or trips of short duration to be forced onto the major roadway network. The requirements of this Policy are noted and acknowledged. As this policy appears to be more of a specific site design regulating policy, at the time a formal site plan is submitted to the County for review, compliance with this policy will be demonstrated. It should be noted that the petitioned parcel is part of larger, previously approved, Development of Regional Impact. As part of the assessment of that DRI, traffic impacts, both on -site and off -site impacts were evaluated, and a series of special limiting conditions related to traffic needs were included in the project's Final Development Order. Any development on this petitioned property is subject to demonstrating compliance with these conditions as part of the site permitting process that follows this land use amendment review. Policy 1.1.8.2: All new subdivisions shall be designed so that all individual lots have direct access to the internal street system, and that any lot or property along the periphery of the development is to be buffered from any major roadway and incompatible land uses. The proposed use shall occur within a previously approved Development of Regional Impact, with adequate road system and buffering. No subdivision of land is proposed at this time. Policy 1.1.8.3: Continue to implement the county -wide right-of-way protection regulation and Right -of -Way Dedication Ordinance. The petitioned property is not located adjacent to or affected by, any identified corridor or roadway included in the county -wide right-of-way protection plan. At the time final development permit approvals are sought, the property owners will comply with all applicable requirements and standards of the County's Right -of -Way Dedication regulations. Policy 1.1.8.4: Limited development of commercial/non-residential uses will be allowed within areas classified for residential uses, provided that these activities are compatible with the adjacent land uses and meet the following standards: a) Intent of the commercial use is to provide easily accessible, convenience -type uses to immediately surrounding residents; N/A. The submitted petition is for a change in Future Land Use to the COM (Commercial) future land use designation. This policy addresses the standards for considering the application of a commercial zoning designation in a non-commercial land use category, such as residential. b) Property for which the commercial designation is sought is located on an Arterial or Major Collector; N/A. The submitted petition is for a change in Future Land Use to the COM (Commercial) future land use designation. This policy addresses the standards for considering the application of a commercial zoning designation in a non-commercial land use category, such as residential. c) Conversion of the petitioned property would not promote any strip commercial use of land; N/A. The submitted petition is for a change in Future Land Use to the COM (Commercial) future land use designation. This policy addresses the standards for considering the application of a commercial zoning designation in a non-commercial land use category, such as residential. d) Use is compatible with surrounding land uses and is provided with adequate screening and buffering of any adjacent residential property; Given the context of the proposed use it is compatible with surrounding land uses and adequate buffering/screening will be utilized so as to buffer adjacent residential uses from the proposed use. N/A. The submitted petition is for a change in Future Land Use to the COM (Commercial) future land use designation. This policy addresses the standards for considering the application of a commercial zoning designation in a non-commercial land use category, such as residential. e) The site does not have its primary driveway access onto any local or Minor Collector street; and, The site has access provided by Reserve Boulevard and Perfect Drive and exceeds any traffic capacity of a local and/or minor collector. N/A. The submitted petition is for a change in Future Land Use to the COM (Commercial) future land use designation. This policy addresses the standards for considering the application of a commercial zoning designation in a non-commercial land use category, such as residential. f) The property for which the commercial designation is sought does not exceed 10 acres. The property for which the commercial designation is sought does not exceed 10 acres. N/A. The submitted petition is for a change in Future Land Use to the COM (Commercial) future land use designation. This policy addresses the standards for considering the application of a commercial zoning designation in a non-commercial land use category, such as residential. Policy 1.1.8.5: In addition to any other general standard for change in zoning as may be described in the County's Land Development Regulations, the following specific standards shall be used in determining the suitability of the new property(s) for designation as Commercial General (CG) under the County's Land Development Regulations: a) New Commercial General (CG) property should have available to it at the time of any zoning change central water services, or have an executed service agreement for the provision of central water services necessary for both domestic and fire protection purposes. Utility services (water and waste water) are presently available to the site and are provided by the Reserve Utility Corporation. Attached as Exhibit K to the Map Change and Text Amendments Application Supplement are updated service commitment requests that have been submitted to the Reserve Utility Corporation. As responses are received the information will be updated accordingly. b) New Commercial General (CG) property should not be located within 300 feet of any Aquatic Preserve or other specially designated aquatic habitat or a Category 1 Wetland as defined in Policy 8.1.14.1 of the Conservation Element of this Plan. The lands under this petition are not located with 300 feet of any Aquatic Preserve or other designated aquatic habitat or a Category 1 Wetland as defined in Policy 8.1.1.14.1. c) New Commercial General (CG) areas should have immediate access to the regional transit network; and, Policy 1.1.8.5(c), of the future land use element of the County's Comprehensive Plan reads as follows: c) New Commercial General (CG) areas should have immediate access to the regional transportation network; and, [emphasis added] It should be noted that the petitioned parcel is part of larger, previously approved, Development of Regional impact (DRI). As part of the assessment of that DRI, traffic impacts, both on -site and off -site impacts were evaluated, and a series of special limiting conditions related to traffic needs were included in the project's Final Development Order. Any development on this petitioned property is subject to demonstrating compliance with these conditions as part of the site permitting process that follows this Future Land Use Amendment review. d) The property for which the commercial designation is sought does not exceed 10 acres. Policy 1.1.8.5(d), of the Future Land Use Element of the County's Comprehensive Plan reads as follows: d) New Commercial General (CG) property should have a minimum lot size of one (1) acre, unless the property is being added to another existing commercially (general) zoned property. The land for which the commercial designation is sought is 9.9 acres. Policy 1.1.8.6: Require effective visual and light diffusion barriers between residential and non-residential uses. Standards and requirements for such barriers are to be included in the landscaping and screening regulations of the St. Lucie County Land Development Regulations. The requirements of this Policy are noted and acknowledged. As this policy appears to be more of a specific site design regulating policy, at the time a formal site plan is submitted to the County for review, compliance with this policy will be demonstrated. Adequate screening of proposed structures in the petitioned area can be accomplished through the use of landscape buffer plantings. Light diffusion shall be accomplished via light shielding and/or the use of landscape buffer plantings so as to prevent light pollution from negatively affecting residences. Policy 1.1.8.7: Eliminate future scattered and highway strip commercial development by encouraging the development of commercial centers or nodes consistent with the Future Land Use Map. The petitioned property is located internal to the previously approved Development of Regional Impact (DRI) known as the Reserve. The proposed development of this site for non-residential use will not contravene the above Comprehensive Plan policy. Policy 1.1.8.8: Restrict strip commercial development to these traffic corridors where such development patterns now exist. The depth of these commercial areas should average 600 feet, with the exceptions to be found at points of arterial intersection. N/A. The petitioned property is not a strip commercial development. Policy 1.1.8.9: Concentrate tourist and regional service related commercial activities to those areas adjoining the interstate highway system or that have sufficient regional automobile access. The petitioned property is located internal to the previously approved Development of Regional Impact (DRI) known as the Reserve. The petitioned site is within a two (2) mile radius of the I-95/St. Lucie West (Reserve Blvd) Interchange, which provides for regional access to this site without having to travel extensively over the local area roadway network. Policy 1.1.8.10: Interchange development activities should not include commercial activities that are designed to service a small geographic market area. Local service activities should be located at points away from an interchange so as to avoid conflicts between regional and local traffic which can contribute to accelerated degradation of level of service in these areas. The petitioned property is not located within a designated "Interchange development" area. The proposed lodging facility is not considered a local service activity, as the golf facilities attract regional guests as well as residents from within the PGA Reserve development. In addition, the proposed lodging facility is considered and ancillary use to the golf facilities. Policy 1.1.8.11: Encourage the use of existing commercial and industrial designated lands within the urban service area, through requiring a strict demonstration of service availability, before authorizing Land Use and Zoning amendments in areas not presently indicated as having such designation. The petitioned property is located internal to the previously approved Development of Regional Impact (DRI) known as the Reserve. As part of the overall DRI review process, a complete assessment of the impacts of this development on local community services was conducted. The proposed change in Future Land Use, while considered to be a Preliminary Development Order under the St. Lucie County Comprehensive Plan, is not expected to provide for any greater land use entitlement than is already recognized under the site's overriding Final Development Order of for the Reserve DRI. In response to question #8 (8b and 8c) in the aforementioned letter, we offer the following responses in bold italics: 8b.) Compliance with Condition of Approval #61 in Resolution 09-016 will require a traffic update study to support the projected change in trips and the timing of the construction of the bridge over Interstate 95. A letter update is acceptable from Kimley Horn. The petitioned property has, since first constructed in the early 1990s, been used as the main clubhouse and business office complex associated with the 54 holes of golf found within the Reserve (PGA Village) DRI, and managed by the PGA of America, Inc. With the expanding use of these facilities, the existing clubhouse and support services have been determined to be inadequate to meet present and future facility demands and expansion/replacement is warranted to meet this new demand. In addition, while the original development plans for this site did not contemplate the development of any on -site lodging facilities in this clubhouse complex, recent changes to the PGA's overall business model in response to user requests has resulted in a proposal to add approximately 100 on -site lodging units that would be constructed in a traditional hotel format. As the petitioned property is located within the boundary of an approved Development of Regional Impact, land uses on this property are limited by the gross development entitlements granted under the Final Development Order for The Reserve, DRI. Pursuant to the provisions of Condition Number 51 of St. Lucie County Resolution 09-016 (the latest Development Order for the Reserve), the petitioner has the option of making changes to the previously approved entitlements to the subject property by converting all or some of those entitlements to another use, so long as the gross impacts of whatever it is to be developed on the property do not exceed the base thresholds identified in the impacts assessments used to evaluate this DRI. In the case of this specific land use petition, and based upon the prior approvals granted to this site, the PGA golf clubhouse complex is authorized for approximately 90,000 square feet of overall non-residential commercial/office use (approx 10,000 sq ft in clubhouse and approximately 80,000 square feet in future retail) granted under the approved Final Development Order for the Reserve. Given that the exiting clubhouse will be expanded by approximately 15,000 square feet (mol), approximately 65,000 square feet of undeveloped commercial square footage (based upon the approved PNRD master plans for the clubhouse complex) remains that can be used for either commercial or converted use purposes. Condition Number 51, of SLC Resolution 09-016, provides a table that outlines a use conversion matrix that is applicable to the overall Reserve (PGA Village) DRL The petitioners propose to change approximately 15,000 square feet, of the remaining 65,000 square feet of commercial land use in this area to the equivalent trip generator for hotel units, which in this instance, totals out to be slightly more than 100 guest rooms. The proposed change in use from shopping center to hotel/resort lodge is an equivalent trip trade-off that increases the allowable number of hotel rooms by 100 and decreases the allowable commercial development by 14,903 square feet. At present, the Reserve DRI has been documented as generating 2,364 PM peak hour trips using the formulas contained within the Institute of Transportation Engineers' report, Trip Generation. No significant construction has occurred over the past 12 months within the Reserve DRI. Since the only "new" trips to be generated by this proposed land use petition will be associated with the addition of approximately 100 new hotel units on the site, the "net" new pm peak hour trip generation from the Reserve may reasonably be expected to be increased by 40 trips, for a total PM peak A hour trip generation of 2,404 (based on the 2009 counts). The development of the hotel/resort lodge is not anticipated to create any additional trips from the DRI that were not previously anticipated. The Developer will satisfy Condition 61 (Selvitz Road & Midway Road intersection improvements) upon reaching 3,867 PM peak hour trips. The Developer is required to construct the bridge over Interstate 95 upon generating 3,153 PM peak hour trips. Construction of this hotel lodge will not trigger either development order condition. 8c.) Submit a justification statement why 8.7 parking spaces per golf hoe is unreasonable and how will PGA mitigate this requirement during large tournaments. If Administrative relief is contemplated, submit a justification statement pursuant to Section 7.06.01(B) and (F) to support your request. A parking study (i.e. justification statement) is attached to satisfy the parking requirements of St. Lucie County. We appreciate the opportunity to provide you with the above responses and the attached Application for Small Area Future Land Use Map Amendment and look forward to working with you toward approval of the requested change in Future Land Use from RS to COM. Should you require further explanation or documentation on the above responses, please do not hesitate to contact me directly. Respectfully, Brian Nolan, ASLA, ULI-YLG Project Manager Exhibit G Main Development Application ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stiucieco.org/r)lanning/plannin _Q.htm DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Planning Division to schedule an appointment. Submittal TvDe rcheck each that applies Site Plan Rezoning' ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment'` ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan Other ❑ Minor Adjustment to PUD/PNRD/PMUD ❑ Administrative Relief Planned Development ❑ Class A Mobile Home 5 ❑ Planned Town or Village (PTV) ❑ Developer Agreement (Submit per LDC ❑ Planned Country Subdivision (PCS) 11.08.03) ❑ Planned Retail Workplace (PRW) ❑ Power Generation Plants ❑ Prelim. Planned Unit Develop. (PUD) ❑ Extension to Development Order ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Historical Designation/Change s ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Land Development Code Text Amendment' ❑ Final Planned Unit Develop. (PUD) ❑ Plat ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Post Development Order Change ❑ Final Planned Non -Res. Develop. (PNRD) ❑ Re -Submittal # e Conditional Use' ❑ Shoreline Variance ❑ Conditional Use ❑ Stewardships — Sending/Receiving ❑ Major Adjustment to a Conditional Use ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Minor Adjustment to a Conditional Use ❑ Transfer of Development Rights Variance 2 ❑ Waiver to LDC/Comp. Plan Requirements e ❑ Administrative Variance ❑ Appeal of Decision by Administrative Officialt0 ❑ Variance ❑ Variance to Coastal Setback Line lication SUDDlement Packaaes 1. Conditional Use 5. Class A Mobile Home 9. Waiver to LDC/Comp. Plan 2. Variance 6. Historical Designation/Change Requirements 3. Rezoning / Zoning Atlas Amend. 7. LDC Text Amendment 10. Appeal of Decision by 4. Comp. Plan Amendments 8. Re- Submittal Administrative Official Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised June 21, 2010 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS - Planning Division Application Type: Small Area Land Use Map Amendment Supplemental Application Package No.: 4 (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: ❑ CONCURRENCY FEE: ❑ ERD REVIEW FEE: ❑ PER ACREAGE CHARGE: ❑ RESUBMITTAL FEE: (if applicable) SUBTOTAL OF BASIC FEES: ❑ PRE -APPLICATION MEETING FEE: (F) Receipt No. of Payment: Date of Pre App: 4.29.10 BALANCE OF FEES DUE: $ 1,800 (A) $ 400 (B) $ 150 (C) $ N/A (D) $ N/A (E) $ N/A $ 2,350 $( N/A deduction $ 2,350.00 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`d party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from Td party. Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". Other fees may be applicable by other external reviewing agencies; ie. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Request Brian Nolan, ASLA, ULI-YLG (Agent) Applicant Name (Printed) Of INTAKE REVIEWER - SIGNATURE DATE VERIFIED BY - SIGNATUREDATE File Number: Receipt Number: (For office,' use only) Page 2 of 6 Revised June 21, 2010 Project Information Project Name: The Reserve/PGA Village - Golf Clubhouse Complex Adjustments Site address: 1920 Perfect Drive, Port Saint Lucie, Florida Parcel ID Number(s): A part of Parcel ID Number 3327-200-0001-000-4 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) See Exhibit D attached Property location — Section/Township/Range: Property size — acres:16.14 ac. (mol) Square footage: A/A Future Land Use Designation: RS (Residential Suburban) Zoning District: PNRD Description of project: Application is for the purpose of providing for the opportunity to construct a new PGA Golf clubhouse complex/administrative support areas and golf lodging facility to serve the existing PGA Golf facilities at the Reserve. Final Footprints for the new PGA Golf clubhouse complex and lodging facility have not yet been completed. Please refer to the attached supplemental application material. (Attach additional sheets if necessary) Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing Proposed: ❑ Industrial Total Square Footage: Existing Proposed: ❑ Residential No. of residential units: Existing Proposed: No. of subdivided lots: Existing Proposed: M Other Please specify: Please refer to "Description of Project" above. Number and size of out parcels (if applicable): N/A Page 4 of 6 Revised June 21, 2010 Exhibit H Map Change and Text Amendment Supplement Application Supplement 4 Comprehensive Plan Amendments Future Land Use Map Change and Text Amendments Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 11.06.00 for details SPECIAL NOTE: Under the provisions of the LDC, a petition for change in land use is considered to be a PRELIMINARY DEVELOPMENT ORDER. Under the definition of Preliminary Development Order, and consistent with the County's concurrency regulations, St. Lucie County neither warrants nor represents that there are sufficient public facilities or services available to serve the property on which the change in land use is sought. Further, pursuant to Section 5.08.01(13)(2) of the Code, a Certificate of Capacity Exemption must accompany all applications for land use changes that acknowledge that no public facility capacity will be reserved for the subject property. A determination of public facilities capacity is required prior to the issuance of a Final Development Order. A Final Development Order cannot be issued until capacity is available. Check One: X Future Land Use Amendment Comprehensive Plan Text Amendment Please provide a written description of the proposed development including statements about: 1. The total area of the proposed development; the type of residential or non-residential development proposed; the number of residential units and the square footage of non- residential development. 2. The tentative construction schedule for the proposed development, including, if applicable, a tentative schedule for phasing construction. 3. A description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County. Parcel Acres: 16.14 ac. (mol) Amendment Acres: 9.9 ac. (mol) Property Address/Location. 1920 Perfect Drive, Port Saint Lucie, Florida Existing Future Land Use: RS (Residential Suburban) Proposed Future Land Use: COM (Commercial) Existing Zoning: PNRD Existing Use: PGA Golf Clubhouse, parking, associated golf support areas Are any other applications being submitted concurrent with this application? X YES Rol Please indicate the type of any concurrent application(s) being submitted: Major Modification to the previously approved PGA Clubhouse PNRD Site Plan Describe the existing improvements and structures on the amendment lands: PGA Golf Clubhouse, parking, associated golf support areas Page 1 of 11 Revised: June 19, 2008 Supplement 4 Proposed use of amendment lands: Golf lodge facility and supporting golf related activities Reason for making this request: The purpose of this petition for small area comprehensive plan amendment is to provide for the opportunity to construct a new PGA Golf clubhouse complex and golf lodging facility to serve the existing PGA golf facilities located at the Reserve. Brian Nolan, ASLA, ULI-YLG Applicant or Agent Name (Printed) Signature Page 2 of 11 Revised: June 19, 2008 1. A general statement describing whether and how the proposed amendment conforms to the St. Lucie County Comprehensive Plan. The St. Lucie Comprehensive Plan, adopted by Ordinance 90-01 in January of 1990 pursuant to the Local Government Comprehensive Planning Act of 1985, and as subsequently amended, lays out the framework for how the County will grow through a 20-year planning period expiring in 2025. This plan includes a number of Goals, Objectives and Policies that are designed to ensure the highest quality living environment possible by providing a mixture of land uses throughout the County; ensuring a high quality of life; creating a dynamic jobs market and reflecting the needs and desires of the local residents and how they want their community to develop. This requested amendment to the St. Lucie County Comprehensive Plan is to provide for a change in Future Land Use designation for a 9.9 acre (mol) parcel of land located in the Reserve (PGA Village) Development of Regional Impact — PGA Clubhouse Area, from the RS (Residential Suburban) to COM (Commercial) Future Land Use designation. The proposed designation of this property to the COM Future Land Use designation is for the purpose of providing the opportunity to construct a new/replacement PGA Golf clubhouse complex and administrative support area and a new golf lodging facility that will serve the existing PGA golf facilities located at the Reserve. Final footprints for the new/replacement PGA Golf clubhouse complex and the new lodging facility have not yet been completed; however, the approximate square footage of the new/replacement clubhouse complex is 30-35,000 sq. ft. In addition, it is the objective of the petitioner to construct approximately 100 hotel units in a new golf lodging facility that will be located on this site. While land uses in this area are predominately residential (refer to Exhibits B and C), the redesignation of this property to a Commercial (COM) Future Land Use Classification, when considered along with the accompanying petition for Major Adjustment to the site's current PNRD (Planned Non -Residential Development) zoning approvals in order to permit the new PGA Golf clubhouse complex and golf lodging facility, would not be considered inconsistent with other land uses found in the area. Application of the PNRD zoning district to this property allows for a narrow definition of the potential future uses on the property, where any deviation from these identified uses would require that an affirmative vote for such a change from the County Commission be obtained. 2. A statement describing how the proposed future land use designation is compatible with the future land use designation(s) and existing land uses surrounding the amendment lands? This requested amendment to the St. Lucie County Comprehensive Plan is to provide for a change in Future Land Use designation for a 9.9 acre (mol) parcel of land located in the Reserve (PGA Village) Development of regional impact — PGA Clubhouse Area, from RS (Residential Suburban) to COM (Commercial). The proposed designation of this property to the COM Future Land Use designation is for the purpose of providing the opportunity to construct a new/replacement PGA Golf clubhouse complex and administrative support area and a new golf lodging facility that will serve the existing PGA golf facilities located at the Reserve. Final footprints for the new/ PGA Golf clubhouse complex and the new lodging facility have not yet been completed; however, the approximate square footage of the new/replacement clubhouse complex is 30-35,000 sq. ft. In addition, it is the objective of the petitioner to construct approximately 100 hotel units in a new golf lodging facility that will be located on this site. The present use of the property under petition is as a golf clubhouse complex in support of the PGA of Americas existing golf facilities at the PGA Reserve Golf community. While land uses in this area are predominately residential (refer to Exhibits B and C), the redesignation of this property to a Commercial (COM) Future Land Use Classification, when considered along with the accompanying petition for Major Adjustment to the sites current PNRD (Planned Non -Residential Development) zoning approvals in order to permit the new PGA Golf clubhouse complex and golf lodging facility, would not be considered inconsistent with other land uses found in the area. Application of the PNRD zoning district to this property allows for a narrow definition of the potential future uses on the property, where any deviation from these identified uses would require that an affirmative vote for such a change from the County Commission be obtained. 3. In accordance with Future Land Use Policy 1.1.5.3 provide the following information: a. Identification (ol] future land use designations and existing land uses within 'A mile of the subject property that have the same or greater type of proposed future land use designation. Refer to the attached Existing Future Land Use Exhibit (Exhibit B) and Existing Use of Land Exhibit (Exhibit C) for the area around the petitioned property. The existing Future Land Use designations surrounding this site are; RS (Residential Suburban), COM (Commercial) and the City of Port St. Lucie. b. Is the property under the land use amendment application within the Five Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County or otherwise meet the requirements of Policy 1.1.5.4. Utility services (water and sewer) are presently available to the site and are provided by the Reserve Utility Corporation. Attached as Exhibit K are updated service commitment requests that have been submitted to the Reserve Utility Corporation. As responses are received, this application will be updated to reflect their response. 4. Provide a statement describing any conditions affecting the area of the amendment lands that have changed since the most recent adoption of the Comprehensive Plan. Describe any changes in development patterns, utility availability, and public service capacity. Provide the data and analysis supporting your conclusions. The St. Lucie Comprehensive Plan, adopted by Ordinance 90-01 in January of 1990 pursuant to the Local Government Comprehensive Planning Act of 1985, and as subsequently amended, lays out the framework for how the County 'Till grow through a 20-year planning period expiring in 2025. This plan includes a number of Goals, Objectives and Policies that are designed to ensure the highest quality living environment possible by providing a mixture of land uses throughout the County; ensuring a high quality of life; creating a dynamic jobs market and reflecting the needs and desires of the local residents and how they want their community to develop. The petitioned propern, has maintained its current Future Land Gse designation of RS (Residential Suburban; since the adoption of the current County Comprehensive Plan in 1990. This property is part of the previously approved Development of Regional Impact known as The Reserve (no,,v referred to as PGA Village). The petitioned property has, since first constructed in the early 1990s, been used as the main clubhouse and business office complex associated with the 54 holes of golf found'ithin the Reserve (PGA Village) DRI, and managed by the PGA of America, Inc. With the expanding use of these facilities, the existing clubhouse and support services have been determined to be inadequate to meet present and future facility demands and expansion/replacement is'-arranted to meet this new demand. In addition, while the original development plans for this site did not contemplate the development of any on -site lodging facilities in this clubhouse complex, recent changes to the PGA's overall business model in response to user requests has resulted in a proposal to add approximately IUO on -site lodging units that would be constructed in a tradition d hotel format. It is this addition of these hotel units to this complex that requires the submission of this proposed amendment to the Count's Comprehensive Plan to a land use categon that is considered compatible'-ith hotel developments. Previously, and currently, the residential land use designation found on the petition site has been determined to be sufficient to address the basic golf clubhouse; administrative support needs of the PGA facility. As the petitioned property is located within the boundary of an approved Development of Regional Impact, land uses on this propertri- are limited by the gross development entitlements granted under the Final Development Order for The Reserve, DRI. Pursuant to the provisions of Condition Number 51 of St. Lucie Count- Resolution 09-016 (the latest Development Order for the Reserve), the petitioner has the option of making changes to the previously approved entitlements to the subject property by converting all or some of those entitlements to another use, so long as the gross impacts of'-hatever it is to be developed on the property do not exceed the base thresholds identified in the impacts assessments used to evaluate this DRI. In the case of this specific land use petition, and based upon the prior approvals granted to this site, the PGA golf clubhouse complex is authorized for approximately 90,000 square feet of overall non-residential commercial; office use (approx 10,000 sq ft in clubhouse and approximately 80,000 square feet in future retail) granted under the approved Final Development Order for the Reserve. Given that the exiting clubhouse will be expanded bl approximately 15 000 square feet (mol), we are left'-ith approximately 65,00H square feet of undeveloped commercial square footage (based upon the approved PNRD master plans for the clubhouse complex) that can be used for either commercial or a converted use purposes. Condition Number 51, of SLC Resolution 09-016, provides a table that outlines a use conversion table that is applicable to the overall Rcser-e (PGA Village) DRI. The petitioners propose to change approximately 15,000 square feet, of the remaining 65,000 square feet of commercial land use in this area to the equivalent trip generator for hotel units, which in this instance, totals out to be slightlymore than 100 guest rooms. Since the conversion of this commercial square footage to hotel units is based on equivalent trip generation rates, no changes are required to am part of base Development Order for this DRI since the gross impacts generated from this site have not changed. Attached as Exhibit E is a copy- of correspondence from the Treasure Coast Regional Planning; Council where, Council staff has determined that application of the provisions of Condition Number 51 will not be cause for additional review by the RPC or the filing of any type of Notice of Proposed Change (NOPQ to the previously approved Development of Re" O nal Impact known as The Reserve. Ever nvo rears, until the completion of the DRI known as the reserve, an annual report is required to be filed with the CountV, the Treasure Coast Regional Planning Council and the Florida Department of Community Affairs. The most recent report submitted in the winter of 2009j 10, indicates that there are no service capacity issues -Within the Reserve. All required Level of Service (LOS; standards are being meet and the introduction of this new clubhouse facilitt- along with the addition of the proposed lodge units, is not expected to result in am failed LOS standards. Utility services (water and sewer) are presently available to the site and are provided by the Reserve Utility Corporation. Attached as Exhibit K are updated service commitment requests that have been submitted to the Reserve Utility Corporation. As responses are received, this application will be updated to reflect their response. 5. Provide a statement describing why there is a need for the proposed Future Land Use Map Amendment and how the amendment will result in an orderly and logical development pattern. This requested amendment to the St. Lucie County Comprehensive Plan is to provide for a change in Future Land Use designation for a 9.9 acre (mol) parcel of land located in the Reserve (PGA Village) Development of regional impact — PGA Clubhouse Area, from RS (Residential Suburban) to COM (Commercial). The proposed designation of this property to the COM Future Land Use designation is for the purpose of providing the opportunity to construct a new/replacement PGA Golf clubhouse complex and administrative support area and a new golf lodging facility that will serve the existing PGA golf facilities located at the Reserve. Final footprints for the new/replacement PGA Golf clubhouse complex and the new lodging facility have not yet been completed; however, the approximate square footage of the new/replacement clubhouse complex is 30-35,000 sq. ft. In addition, it is the objective of the petitioner to construct approximately 100 hotel units in a new golf lodging facility that will be located on this site. The present use of the property under petition is as a golf clubhouse complex in support of the PGA of Americas existing golf facilities at the PGA Reserve Golf community. The proposed modifications to the general purpose golf clubhouse complex can be accommodated under the sites current land use classification, however the addition of the golf lodging facilities does requires that the areas under that activity be designated as/ with the COM (Commercial) Future Land Use designation. While land uses in this area are predominately residential (refer to Exhibits B and C), the redesignation of this property to a Commercial (COM) Future Land Use Classification, when considered along with the accompanying petition for Major Adjustment to the site's current PNRD (Planned Non -Residential Development) zoning approvals in order to permit the new PGA Golf clubhouse complex and golf lodging facility, would not be considered inconsistent with other land uses found in the area. Application of the PNRD zoning district to this property allows for a narrow definition of the potential future uses on the property, where any deviation from these identified uses would require that an affirmative vote for such a change from the County Commission be obtained. 6. If a change to Industrial Land Use is proposed, explain how the proposal meets Future Land Use Policy 1.1.11.2 or Policy 1.1.11.3 of the Comprehensive Plan. N/A. The proposed amendment does not include any requested change to the Industrial (IND) Future Land Use Designation. 7. Provide a traffic report of the potential impacts to the County's transportation system brought about by the proposed land use change. The report must include existing, background, committed trips, and the projected traffic volumes and the level of service for all affected roadways. Projected traffic volumes must be based on the highest density/intensity allowed under the requested future land use designation. As discussed at the pre -application conference for this submission (held April 29, 2010), a full Traffic Impact Report has not been prepared for this petition for amendment to the Future Land Use Maps of the County since the subject property is already part of the previously approved Development of Regional Impact known as the The Reserve. As the petitioned proper is located within the boundart• of an approved Development of Regional Impact, land uses on this property are limited be the gross development entitlements granted under the Final I)cvelopment Order for The Reserve. I)RI. Pursuant to the provisions of Condition Number 51 of St. Lucie County- Resolution 09-016 (the latest Development Order for the Rescrve), the petitioner has the option of making changes to the previoush, approved entitlements to the subject proper bv converting all or some of those entitlements to another use, so long as the gross impacts of Whatever it is to be developed on the property do not exceed the base thresholds identified in the impacts assessments used to evaluate this DRI. In the case of this specific land use petition, and based upon the prior approvals granted to this site, the PGA golf clubhouse complex is authorized for approximately 90,000 square feet of overall nun -residential commercial/office use (approx 10,000 sq ft in clubhouse and approximatel' 80,000 square feet in future retail) granted under the approved Final Development Order for the Reserve. Given that the exiti11<(1 clubhouse will be expanded by approximately 15,000 square feet (mol), we are left with approximately 65,(00 square feet of undeveloped commercial square footage (based upon the approved PNRD master plans for the clubhouse complex) that can be used for either commercial or converted use purposes. Condition Number 51, of SLC Resolution 09-016, provides a table that outlines a use conversion table that is applicable to the overall Reserve (PGA Village` DRI. The petitioners propose to change approximately 15,000 square feet, of the remaining 65,000 square feet of commercial land use in this area to the equivalent trip generator for hotel units, which in this instance, totals out to be slightly more than "100 guest rooms. Since the conversion of thus commercial square footage to hotel units is based on equivalent trip generation rates, no changes are required to any part of base Development Order for this DRI since the gross impacts generated from this site have not changed. Attached as Exhibit E is a cope of correspondence from the Treasure Coast Regional Planning Council where, Council staff has determined that application of the provisions of Condition Number 51 will not be cause for additional review by the RPC or the filing of any tTpe of Notice of Proposed Change -NOPC) to the previously approved Development of Regional Impact knots n as Tlie Reserve. Every two rears, until the completion of the DRI known as the reserve, an annual report is required to be filed with the Counts, the Treasure Coast Regional Planning Council and the Florida Department of Community AlTaurs. The most recent report submitted in the winter of 2009/10, indicates that there are no service capacity issues within the Reserve. All required Level of Service (LOS) standards are being meet and the introduction of this new clubhouse facilin alone with the addition of the proposed lodge units, is not expected to result in any failed I,OS standards. 8. Describe the drainage characteristics of the area and what effects the proposed land use amendment would have on the volume and quality of stormwater runoff? Identify the property's flood zone classification? This requested amendment to the St. Lucie County Comprehensive Plan is to provide for a change in Future Land Use designation for a 9.9 acre (mol) parcel of land located in the Reserve (PGA Village) Development of Regional Impact — PGA Clubhouse Area, from the RS (Residential Suburban) to COM (Commercial) Future Land Use designation. The proposed designation of this property to the COM Future Land Use designation is for the purpose of providing the opportunity to construct a new/replacement PGA Golf clubhouse complex and administrative support area and a new golf lodging facility that will serve the existing PGA golf facilities located at the Reserve. Final footprints for the new/replacement PGA Golf clubhouse complex and the new lodging facility have not yet been completed; however, the approximate square footage of the new/replacement clubhouse complex is 30-35,000 sq. ft. In addition, it is the objective of the petitioner to construct approximately 100 hotel units in a new golf lodging facility that will be located on this site. The petitioned site is already regulated by South Florida Water Management District Permit Number 56- 00674; should the redevelopment of this site require modification to that permit, or any other issued County Permits effecting the sites stormwater management facilities, all necessary permits will be obtained. The petitioned site does not he within any designated 298 Drainage District. At the time a Final Development Order is applied for, all applicable storm water management regulations will be complied with in the final designs for the property. The petitioned property is located within a number of designated Flood Zones according to FEMA FIRM Map 12111CO275-F, dated August 19, 1991. What are the potential environmental impacts of the requested amendment? Describe the natural resources occurring on and adjacent to the amendment lands. Identify any protected species that are known to occur and estimate the acres of wetlands and native upland habitats on the amendment lands. Identify Category I, II, or III Wetlands as described in Policy 8.1.14.1. No impacts to any of the listed species mentioned above are expected as a result of this proposed amendment to the Future Land Use Maps of St. Lucie County. The petitioned site is already developed and there are no known natural resources or habitat occurring on site. There is a small regulated wetland to the east of the site (wetlands 61) and will be protected in accordance with applicable permit standards and requirements. There are no Category I, II, or III Wetlands as described in Policy 8.1.14.1, on the petitioned site. 10. Where are the nearest public or investor -owned water and sewer services? Who is the service provider? Is the site included in the five-year expansion plan of these utilities. Provide correspondence from the service provider verifying their ability to serve the proposed development. If private facilities are proposed, describe the capacity and type of water and wastewater services to be provided. Utility services (water and sewer) are presently available to the site and are provided by the Reserve Utility Corporation. Attached as Exhibit K are updated service commitment requests that have been submitted to the Reserve Utility Corporation. As responses are received, this application will be updated to reflect their response. 11. Provide a projection of the average daily volumes of solid waste that would be generated if the land use(s) change. The following tables represent the expected solid waste generation differences as a result of this proposed application: estimated estimated estimated PHASE D.U. nonresidential estimated estimated population soildwaste solid waste solid waste solid waste sq feet population unit p hase generation rate generation generation generation (Ibs) tons c existing 20 2.5 50 9.31 Ibs/person 461 0.23 2.47 land use /day proposed 90,000 - 5.34 Ibs per 1000 481 0.24 2.57 land use st/day waste generation assumptions Residential all n es 9.31 (bs/person/ day Non -Residential Retail/Senice 5.34 Ibs/ day - 1000 SF Hotel t/b/d Ibs/ dav/ room Office 2.52 Ibs/ dav - 1000 SF Industrial 2.19 Ibs/ dav - 1000 SF School 0.80 Ibs/ dav -student Civic/Park 1.96 Ibs/ dav -1000 SF St. Luue Coung Comp Plan (pohcv 6b.1.1.1) Se Luue C.—,/ solid wane division St. Lucie Counn;/ solid wasce division St. Lucie Counnx/ solid waste cimsion Se Lucie County/ solid waste division Sc Lucie County/ solid waste division St. Lucie Cowry/ sold waste division Service commitment requests have been submitted to St. Lucie County. As responses are received, the application materials will be updated accordingly. 12. What demands for recreational facilities will be created by development as a result of the land use change? If you are requesting a residential classification, identify the recreational facilities and open spaces that are available in the vicinity? The redesignation of this site to the COM (Commercial) Future Land Use classification does not require, nor will it result in, the generation of any demands on the County's required Recreation Level of Service. 13. Indicate the location of any archaeological or historic resources that are known to occur on or near the amendment lands. Describe potential impacts to these resources as a result of the proposed amendment. Provide a copy of any available archaeological or historic assessment. There are no known archaeological or historic resources on the petitioned property. 14. Is the property currently within the Planned Urban Service Area Boundary? Yes. 15. If you answered "no" to Question 14 above, will the property be used for "urban development activities" as defined in Future Land Use Policy 1.1.5.1? Check which urban development activities apply: residential development in excess of two units to the gross acre any non-agricultural commercial activity any non -extractive, non -agriculturally related industrial activity 16. If any item in Question 15 above is checked, the property must lie outside the Planned Urban Service Area. If an expansion of the Urban Service Area boundary line is proposed, please refer to Future Land Use Policy 1.1.5.1 and answer the following questions: a. What is the distance between the property and the Urban Service Area Boundary? N/A b. Is the subject property contiguous to lands with the requested future land use designation? N/A C. Can the owners of contiguous properties between your property and the present Urban Services Area Boundary ensure appropriate urban infrastructure and services can be provided? If so, please provide documentation. N/A d. To what extent will the proposed expansion detrimentally impact the established character of the area? N/A 17. If changing from an agricultural category (AG-5 and AG-2.5) to a non-agricultural category (all others), please answer the following questions. a. How will the non-agricultural use(s) maintain the viability of continued agricultural uses on adjacent lands? How will any adjacent agricultural uses affect the proposed non-agricultural uses? b. Using the St. Lucie County Soil Survey, provide documentation of the soil type(s) found on the subject parcel and their suitability for the proposed use. Indicate their suitability as defined by the soil survey. C. Describe the existing land characteristics and how the proposed land use is suitable with those characteristics? d. Does the propose land use amendment propose the extension of the urban services boundary in a manner that creates any enclaves, pockets, or finger areas? e. Describe why the non-agricultural uses could not be feasibly located on non-agricultural land. N/A 18. Provide a copy of all existing federal, state, regional or local permits or plans related to the property (i.e. SFWMD permits, USDA Conservation Plans, documents related to the lands present or past enrollment in any federal, state or local program). Due to the number of related permits, you are referred to the South Florida Water Management District web site. The petitioned site is already regulated by South Florida Water Management District Permit Number 56- 00674 (the master permit number for the Reserve); should the redevelopment of this site require modification to that permit or any other issued County Permits effecting the site's stormwater management facilities, all necessary permits will be obtained. 19. Indicate if the area under consideration is located within a unique area with common characteristics, such as the Indrio Road corridor and White City. If so, indicate how the proposed change in future land use is consistent with the character of the area and any neighborhood plan or special planning project for the amendment area. N/A 20. Identify any local government within one mile of the amendment lands. If any, provide a copy of the proposed application documents to the appropriate government official. Indicate the name and address of the official for which the application documents were provided. City of Port St. Lucie Mr. Jerry Bentrott, City Manager City of Port St. Lucie 121 SW Port St. Lucie Boulevard Port St. Lucie, Florida 34953 Mr. Daniel Holbrook, AICP, Planning Director City of Port St. Lucie Planning Department City of Port St. Lucie 121 SW Port St. Lucie Boulevard Port St. Lucie, Florida 34953 Supplement 4 APPLICANT ACKNOWLEDGEMENTS (Owner's Signature Must be Notarized) I CERTIFY THAT: (CHECK ONE) 1 (We) do hereby certify that I (we) own in fee simple the above described property for which a change in Future Land Use is requested. I (We) are not the owner of the above described property, however, the owners signature below authorizes the applicants the authority to act as agent for the owner(s) of record. Applicant's Signature Date _ _ Address:q�1 S CoUo.�Y�i Ll�U`(� ' 1d�A S�c\,C } L3 Phone: Email Address: s5`V ��_Y�Qp bA)AQ L6*\ Note: The individual listed on the main application will be the County's single contact for all correspondence and other communication related to this application. PROPERTY OWNERS ACKNOWLEDGMENTS: (please print) - This supplement will not be considered complete without the signature of all property owners of record, which shall serve as an acknowledgement of the submittal of this application for a change in future land use. The property owner's signature below shall also authorize`the applicant (if other than the property owner) and/or Agent to act in his/her behalf for the purposes of seeking this change to the County's Comprehensive Pla ro erty described herein. Prop" er t5ignature Property Owner—Name(Printed) Mailing Address: N1 S Lbti's �`{�-�; Phone: �'� 3 e- Y� � If more than one owner, please submit additional pages STATE OF'"? ;:1t�1►7A , COUNTY OF St L(..Y�-6 The foregoing instrument was acknowledged before me this day of �ULV , 20_0 by 7 iJ 2C ry `J'r i E who ' ersonally known t me or who has produced as i en ication. Signature of Notary Type or Print Name of Notary g3�� )-7 Commission Number (Seal) ' MNA E.8giR11DER -'IJYCOIYO%s"#DD WW7 .: E)t1�Es:, mwy 7, 2D13 Bated In NdWPW* LkdeieidMrs Page 6 of 11 Revised: June 19, 2008 Supplement 4 L!J . St. Lucie County I Concurrency Deferral Affidavit Soren Spiers residing or doing business at 951 NW Country Club Dr. Name Street Port Saint Lucie FL 34986 772.340.1444 City }MateZip one have applied for a Small Area Future Land Use Amendment from St. Lucie County, Florida, Type of Development Order for the following project: 9.9 ac. (mol) parcel located at the PGA Clubhouse within the Reserve DR] Name of Proposed Development Parcel ID Number(s): A part of Parcel ID Number 3327-200-0001-000-4 I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County LDC, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Applicant Name ante ignature of Applicant Uate STATE OF c>�t c'tc. COUNTY OF c t' The foregoing instrument was acknowledged before me this day of �- 20 tO by)4f1 SO t who is personally known to me or who has produced as identification. �n7 Signature of Notarlyiyppe or snnt Name OT Notary (C(C11 1'5 Commission Number (Seal) MMSUWIt Imo y •'�r my WI� ♦f 9Vo�: �� EXPIRES Po U 2012 dww eWdsaThuNoaiyawfetkWwr�ws Pagel 1 of 11 Revised: June 19, 2008 .. ....... ....... ....... MIN, I'ttitim, De %V1M Semor Planner phiminp, & Dek, lopmell! Sci st, LwlciQ ( mmt�' 1- lorid;) 14982,lsw;� Small Ave,t I umic Land t"sc %Up Amendment Dlr \1-�" DO Wof: A,, 'Momq!m'o Director any ( Wlwra� Coutvel, I Im-O'N mollco 1"�' Sown off'( i,A Propct-lic, hn'mcc gold Bwonc"s ( )rcratlon'�' the Authon"', lo cxeoltc on I)CIlali"o, P( A lnc , ar", and all ro'pullcd I I'll], (:at 14- . JlCtllllts, J ffitt.1% lk� 11W I 1k V i'h to the proposed S111"111 Arc," I-uturc Liwd Ilse \Ur AP cm.-Imil on 9.0 t of tlmi the NiA kc�crvc Developmoit ot'Regiomd Impact dW h, locjtcc` in St, Lucie Cmmt%� Hm.ida' Best Rcprds Christlic()�untv sccictar", %1ana'-'1m2 Drcclor mid ( yelik.ral 011111'scl Exhibit I Shared Parking Analysis PGA Golf Club, Shared Parking Analysis, Page 2 ,�j�ac•Ken�ie F.�t�ini���iatg �i'laEuun�,. [ne. 9 acKenzie Engineering & Planning, Inc. 10612 Ste' Gingermill Drive • Port Saint Lucie • Florida • 34987 (772) 345-1.948 • A,ww.mackenzieengineeringine.com June 29, 2010 Mr. Corey Aurand PGA Golf Properties, Inc. 100 Avenue of the Champions Palm Beach Gardens, FL 33418 Re: PGA Golf Club — St. Lucie County Shared Parking Analysis 007001 Dear Corey: MacKenzie Engineering and Planning, Inc. (KHA) was retained to prepare a shared parking analysis and the necessary documentation to support the required parking at the PGA Golf Club and Lodge as required within Sections 7.06.01 and 7.06.02 of the St. Lucie County Code. The property to be developed is located in The Reserve DRI, west of the Reserve Boulevard & 1-95 interchange in St. Lucie County, Florida. The mixed use project has a 54-hole golf course, including ancillary facilities (driving ranges, club houses, pro shop, restaurants, lounges, and banquet facilities) and proposes up to a 100-room lodge. Based on the description of the lodge and its relation to the PGA golf courses, the lodge will function as a resort hotel. This letter includes an analysis of the St. Lucie County parking rates and applies parking reduction factors unique to this facility and location. St. Lucie County parking requirements are shown in Table 1. SHARED PARKING ANALYSIS Mode Split Mode split is adjustment for reduced use of automobiles owing to alternative modes of transportation. The site is located at the center of a unique mixed use development, PGA Village (also known as The Reserve DRI). PGA Village is a unique mix of uses centered around the PGA golf club that interact to reduce the overall parking demand including: 54 holes of golf, hotels (adjacent to the 1-95 interchange), single family and multi -family housing, timeshares, and the PGA learning center. It is anticipated that the golf course will continue to capture a significant amount of its business from within PGA village. The supporting traffic study for the ,;r& cKenzie t ngineei ing & Planning, hu-, PGA Golf Club, Shared Parking Analysis, Page 2 PGA Village (Reserve DRI) estimates that 60% of the golf course traffic is associated with uses within PGA Village. Many of the existing residents within PGA Village own their own golf carts and use those to travel between their homes and the golf course. Additionally, the Verano DRI (approved for 6,000 dwelling units), located south of PGA Village will connect a golf cart path directly to the golf club to facilitate non -auto trips. PGA, which operates the golf course, has plans to purchase and operate a shuttle bus. The shuttle bus is proposed facilitate trips between the golf club and uses surrounding PGA Village to reduce auto -travel within PGA Village and reduce parking needs at the golf club. Based on the existing and proposed operations of the facility and the data provided, a 20% mode split is estimated for the golf club. This mode split includes shuttles, drop-offs, golf cart travel, and walking to the club house. The reduction anticipated is 94 spaces. Noncaptive Adjustments A noncaptive adjustment describes people already present in the immediate vicinity and likely patrons of a second use. A 100 room lodge is proposed adjoining the PGA Village club house facility. The lodge is being planned and developed as an amenity for visitors to PGA Village and will act as a golf resort. Specifically, visitors will be able to park once and not leave the lodge because of the onsite facilities and golf amenities. The lodge visitors are expected to be golf patrons because it is a golf resort hotel; therefore the lodge is expected to result in a high noncaptive adjustment factor. Visitors to the lodge will park at the lodge and golf, but only require one parking space. Due to the high interaction anticipated between the lodge and golf club, a 70 percent noncaptive adjustment was applied to the parking requirements of the resort hotel. This reduces the need for parking by an additional 98 spaces. Parking Demand The unadjusted parking demand for the site, based on St. Lucie County Code requirements, is 610 spaces. The parking demand is estimated to be reduced by 94 spaces based on the mode split and 98 spaces for the noncaptive adjustments. The projected parking demand is 418 spaces. Table 2 shows the projected parking demand for the project. SPECIAL EVENT PARKING PGA Village has already hosted numerous special events. Additional special events are anticipated at PGA Village upon completion of the lodge. PGA has developed special event parking plans. These plans include remote parking and shuttles to the primary facilities. Additional coordination occurs with the local hotels for shuttles and use of other off -site parking areas. CONCLUSION PGA Village golf club is a 54-hole golf course, including ancillary facilities (driving ranges, club houses, pro shop, restaurants, lounges, and banquet facilities) and proposes a 100 unit lodge. PGA Golf Club, Shared Parking Analysis, Page 3 r , acKetazie I- lignm.viim, cS hi.rnwnu, Inc. Because multiple forms of non -automotive transportation exist and are proposed to the site and the complementary use of the golf lodge to the golf course, the overall parking demand for the site is reduced from 610 parking spaces to 418 parking spaces. PGA Village also has developed special event parking plans for events that have occurred and will occur at this location. It is anticipated that acceptance of this memorandum satisfies the parking demand requirements contained within 7.06.01 and 7.0602 of the St. Lucie County Code. If you have any questions, please do not hesitate to contact Shaun Mackenzie at (772) 345-1948 Sincerely, Shaun G. Mackenzie, P.E. Transportation Engineer Florida Registration Number 61751 Engineering Business Number 29013 Attachments Table 1 Table 2 c:\users\shaun\desktop\ obs\007 pga\007001\shared parking.docx PGA Golf Club, Shared Parking Analysis, Page 3 LjjacKeiizic Because multiple forms of non -automotive transportation exist and are proposed to the site and the complementary use of the golf lodge to the golf course, the overall parking demand for the site is reduced from 610 parking spaces to 418 parking spaces. PGA Village also has developed special event parking plans for events that have occurred and will occur at this location. It is anticipated that acceptance of this memorandum satisfies the parking demand requirements contained within 7.06.01 and 7.0602 of the St. Lucie County Code. If you have any questions, please do not hesitate to contact Shaun Mackenzie at (772) 345-1948 Sincerely, fJ/ ✓ Shaun G. Mackenzie, P.E. Transportation Engineer Florida Registration Number 61751 Engineering Business Number 29013 Attachments Table 1 Table 2 c:\users\shaun\desktop\ obs\007 pga\007001\shared parking.docx TABLE 1 PGA GOLF COURSE AND LODGE ST. LUCIE COUNTY CODE PARKING REQUIREMENT Land Use Quantity Unit St. Lucie County Code Unit Required Parking Spaces Golf Course (1) 54 Holes 8.7 spaces / hole hole 470 Resort Hotel 100 Rooms 1.4 spaces / room room 140 Total 610 (1) Golf Course rate includes driving ranges, club houses, pro shop, restaurants, lounges, banquet facilities (Parking Generation, 3rd Edition - Land Use 430) 6/29i2010 C:\Users\Shaun\Desktop\Jobs\007 - PGA\007001\[06-02-10 shared parking.xlsx]ST LUCIE TABLE 2 PGA GOLF COURSE AND LODGE PROJECTED PARKING DEMAND Land Use Required Parking Spaces Reductions Needed Parking Supply Mode Split Non -Captive Adjustments Golf Course (1) 470 20% 94 - - 376 Resort Hotel 140 - - 70% 98 42 Total 610 94 98 418 (1) Golf Course rate includes driving ranges, club houses, pro shop, restaurants, lounges, banquet facilities (Parking Generation, 3rd Edition - Land Use 430) 6/29/2010 C:\Users\Shaun\Desktop\Jobs\007 - PGA\007001\[06-02-10 shared parking.xlsx]ST LUCIE -RED Exhibit Reserve DRI: Transportation Conditions Memo cKenzie Engineering & Planning, Inc. 1061.2 SW Gingermill Drive • Port Saint Lucie • Florida • 34987 (772) 345-1948 • www.mackenzieengineeringinc.com To: Corey Aurand From: Shaun G. MacKenzie, P.E. Date: June 2, 2010 Re: Reserve DRI — Transportation Conditions The Reserve DRI currently has transportation conditions enumerated from 51 to 61 with the Reserve DRI Development Order (D.O.). St. Lucie County is inquiring about the conditions related to transportation improvements, transportation trips, and hotel use within the DRI. Condition 55 — Trip Summary This condition requires biennial reporting of trips from the DRI. The evaluation of trips from the project is used to determine the timing of needed improvements. Based on the most recent annual report, the project is now generating 2,364 total PM peak hour trips. Condition 57 — St. Lucie West Boulevard Interchange Improvements This condition requires significant improvements to the interchange when project generates 3,153 total PM peak hour (two-way) trips or December 31, 2005, whichever occurs later. The project does not yet generate 3,153 total PM peak hour trips. Therefore, improvements to the interchange and bridge are not required. Given the slow state of the current real estate market, the timing for these improvements by the developer is not known. Condition 61— Improvements to Selvitz Road This condition requires improvements to the Selvitz Road & Midway Road intersection when project generates 3,867 total PM peak hour (two-way) trips or December 31, 2010, whichever occurs later. The project does not yet generate 3,867 total PM peak hour trips. Therefore, improvements to the intersection are not required. Given the slow state of the current real estate market, the timing for these improvements by developer is not known. Condition 51— Land Use Trade -Off Matrix The DRI D.O. allows for conversion of uses within the DRI. Any of the approved uses in the DRI may be converted to other allowed uses via the trade-off matrix contained within Condition 51. The conversion of 100 lodging units (hotel rooms) will require conversion of 14,903 SF of retail use. The change of use proposed will not create any additional trips from the DRI, will not require a Notice of Proposed Change, and will require reporting through the normal annual / biennial reporting process for the DRI (Conditions 51 and 56). Exhibit K Service Capacity Verifications CUI PEPPER & TERPENING, INC 0,N:.. .v E.'IC .,k t. �. �.JS r.., 0=.. A ritnrs I'. -mail dmurp.hv@,xI-mg.C"In Job Ntnntxr n9.u9n.tM15 July 13, 2010 Mr. George Morgan, Utiliry Manager Reserve Community Development District 2140 NW Reserve Park Trace Port St. Lucie, FL 34986 Subject: PGA of America -- Land Use / Rezoning Petition — Service Availabilit)r (Unincorporated St. Lucie County) Dear Mr. Roberts: This office represents the owners of PGA of America. Inc., in their application to amend to the St. Lucie County Comprehensive Plan Future Land Use Map and County Zoning Atlas Maps for a 9.9 acre parcel of land located ur the Reserve (PGA Village.) DRI. The requested amendment to the St. Lucie Count)' Comprehensive Plan is to provide for a change from the RS (Residential Suburban) to CON (Commercial) Future Land Use designation. The purpose of this letter is to request a confirmation from the Reserve Utilities that adequate capacity, in the existing water and wastewater st stems at the Reserve to accommodate the proposed change in Land L.lse/'boning. 'Chink you for your assistance in this matter. Should you have any questions, please let me know. Sincerely, CULPEPPER & TERPENING, INC. Dennis'. Murphy Principal Planner Dins 11 , llnq 2lI 1 ),,,l9 -bite", urtl, m"rptn, rt-ttussl Im sm iec acadiabitrtt l?' 13 10.d— A 1 GAC°r CF E X P ERI!S'.. 1,N - E X C E LEENC1, r SG: OUTH 2,.1H _;:RCF ': tl; E. __. II C 71<a 1n I 1 7 7 _, Y-�I __._. F;= -. ,.: A 5 4 :,-1 % CCLJI PEPPER & TERPENING, INC C. i:11 S t t i'i Nt; ii I:. E FF:, L%. r I.' St: P V I (025 \X ntcrs I( -mail: dmurphvkld,o-cn};.com 1.,b Number 09-1190.005 uh' 13, 2010 Mr. Ron Roberts Solid Waste Manager St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 3-1982 Subject: PGA of America -'- Land Use / Rezoning Petition — Scivice Availability (Unincorporated St. Lucie ('ount}') Dear Mr. Roberts: TIlls office represents the owners of PGA of America. Inc., in their application to amend to the St. Lucie County Comprehensive Plan Future Land Use Map and Count' Zoning atlas Maps for a 9.9 acre parcel of land located in the Reserve (PGA Village) DRI. The requested amendment to the St. Lucie County Comprehensive Plan is to provide for a change from the RS (Residential Suburban) to CONI (Commercial') Future Land Use designation. The purpose of this letter is to request a confirmation from St. Lucie County that adequate capacity in the County Solid Waste. disposal system to accommodate the proposed change in Land Use/Zoning. The 'fable below represents the expected solid waste generation differences as a result of this proposed land use amendment application. Please note that the waste generation rates used in this 'fable are based upon the adopted Level of Service Standards set out in the Counts Comprehensive Plan. 17-C. nanrrtit .t tirt ul.:uu�1:"unu d:ino, i ,h uc lg uc r:m m lair r�tlR':ail•t{ r Iul laa 1c irdti-u1 Qhs; :�nlil'1!ed zuGd ll w icnfion orals) t'�t)ilil ll'd � >lid she n -icon ,n; cs;shnK hild 11�u ?(t 2.5 51) <. ) 31 Ib. All, n rdnc 461 ii.23 2.47 I }' Imid udt 911,u1N1 53"1 sf•`dac 481 (1.24 .57 ---..—......... I waste generation assumptions _ 1 Residential i all t pe, ti.3t Ibai arson/ dai. , -- _-- Non -Residential t?nnp III- h•,Lc• W, i-I.l i A LEC;,C'. OF EXFEPT! SE E> LLI, :E_ . ' - 3 4 cI t.� 1 G t. .,_� <:>/ 363P 1"-,-:� '," : it C4 .: ,�: July 13, 2010 Paue A Subim of An-crica --Lind UsL / RCz01111-lg Petition ScrN ice A,.,Wability kUninco-poratud St. Lucie County) Rctail/Sm ice :5.34 lbs/ day - IWO SF I rote) I /b /d lbs/ elv/ room . ............. ... Office 2.52 lb./ day IWO SF !ndutstrml 2,19 1b.,/ day - I (A X) SF School ........... .... ... 01 iL/Park 0,80 —1fill-11"I'Lla- 1 96 -11,11/ tbs/ derv- 1000 SF . ;k 4 . t * 4 11 *1 't *1-* a * * *14, ** .a s . � . i St C: —,i -lid at. h;c., C,-un-' , ,hd —11d va", 1, �I. L,o, bow,li -11d d Thfilik vou for your assistance in this matter. Should you have inY questions, please ICL ine know. Sincerely, CULPEPPER & TERPENING, INC. A7-j? Dent is J. Ilurph.) Principal Planner I)jm 1) % PT,q 20091119 090 005 i0i I 0i 15, 'Ic P"or-k" okd wnitc, 11111, -brrt,, ir,qt—t f,r a-, ice ;,vWmb,Iwvo7I ) III doc ITEM NO. VII-B DATE: 10/19/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X) LEG. (X) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton De Witt SUBMITTED BY: Planning and Development Services Senior Planner Department SUBJECT: Right -of -Way Protection Map BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board review of a text amendment to the Land Development Code to include the Right -of -Way Protection Map in Section 7.05.03 (Ordinance No. 10-036) and authorization to schedule the second public hearing. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED (� OTHER No Action required at this time. Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X ) Lx�r�- Danlel S. McIntyre County Engineer ( X ) Myp Michael Powley Originating Dept. (X ) Mark Satterlee Purchasing ( ) Melissa Simberlund County Surveyor (X) -40A '' Ron Harris ERD ( ) Karen Smith OMB ( ) Marie Gouin Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager1 FROM: Britton De Witt, Senior Planne TU Planning Division DATE: October 19, 2010 SUBJECT: Right -of -Way Protection Map ITEM NO.: VII-B Background: Proposed changes to the Comprehensive Plan, based on recommendations from the Evaluation and Appraisal Report (EAR) adopted in October 2008, were presented to the Board of County Commissioners on June 1, 2010. One of the proposed changes to the Comprehensive Plan was to relocate the Right -of - Way Protection Map (RWPM) into Section 7.05.03 of the Land Development Code (LDC), "Rights -of -Way Determinations and Dedication, Improvements." The Department of Community Affairs does not require this map to be in the Comprehensive Plan and updates to the data would be more efficient if located in the LDC. The Schedule of Capital Improvements located in the Capital Improvements Element of the Comprehensive Plan is based on anticipated needs identified on the RWPM. The LDC requires the "Thoroughfare Network Right -of -Way Protection Plan," of which the RWPM is a part, to be reviewed and updated every two years. Before adopting the RWPM into the LDC, the map was reviewed by the Development Review Committee, including the Planning and Development Services Director, the County Engineer, the County Surveyor and the St. Lucie Transportation Planning Organization. The goal of the review is to assess the transportation corridors and the necessity for retaining property acquired for the transportation network. If a transportation corridor is determined to be no longer necessary, the transportation corridor shall be removed from the Plan. If a new transportation corridor is determined to be needed, the transportation corridor shall be added to the Plan. Attached as Exhibit A is a draft updated Right -of -Way Protection Map with the proposed roadway updates highlighted in yellow, and following is a table listing each update: 4 Board of County Commissioners ROW Map LDC Text Amendment October 12, 2010 Page 2 Adopted Roads Being Added to Koblegard Rd add to map, extend south of Indrio Rd New E-W Tobias Rd new TVC Area road New E-W Sebastian Rd new TVC Area road Johnston Rd widen to 4 lanes, intersect w/Emerson Ave, extend to St. Lucie Blvd Seminole Rd Indrio Rd -Emerson Ave to U51 connect Seminole Rd, north of Indrio Rd fi reduce from 4 lanes to 2 lanes West of 1-95 from County line to Indrio Rd new TVC Area road New North Fly -Over (connects with Shinn Rd ext) new TVC Area road Shinn Rd -northern ext from Indrio Rd to Turnpike widen from 2 lanes to 4 lanes Indrio Rd from 1-95 to Shinn Rd (north ext) widen from 2 lanes to 4 lanes I New South Fly -Over I new TVC Area road New E-W "A" Rd new TVC Area road Connector from E-W "A" Rd south to Johnston Rd new TVC Area road to Kings Hwy widen from 4 lanes to 6 lanes - ---- -- --- - --- --- - _ _ - --- - Taylor Dairy Rd add to map, 2 lanes Emerson Ave/Johnston Rd connect Emerson Ave to Johnston Rd, 2 lane Keen Rd reduce from 4 lanes to 2 lanes Anele Rd. west of Kinds Hwv widen from 2 lanes to 4 lanes McNeil RoadI remove McNeil Rd extension from Orange Ave to Okeechobee Rd Graham Road I remove Graham Rd extension from Jenkins Rd to Hartman Rd Jenkins Rd widen from 2 lanes to 4 lanes Selvitz Rd remove Selvitz Rd from Kirby Loop Rd to Edwards Rd Selvitz Rd widen from 2 lanes to 4 lanes Sunrise Blvd add Sunrise Blvd to map, 2 lanes Lennard Rd extension reduce from 4 lanes to 2 lanes Shinn Rd/Range Line Rd connect Shinn Rd to Range Line Rd, 4 lanes Range Line Rd widen from 2 lanes to 4 lanes i C-24 Canal Road remove C-24 Canal Rd from Shinn Rd to Carlton Rd The right-of-way protection areas pertaining to the Towns Villages and Countryside (TVC) are included. The TVC roadways have already been adopted into the Comprehensive Plan for right-of-way protection and are just being incorporated into this graphic. The Jenkins Road Area Plan identifies right-of-way dedication requirements found in Section 4.12.12, which is referenced on the proposed RWPM. Table 7- 15 in the draft ordinance is being updated to add eight lane arterials and their minimum right-of-way width of 200 feet. Previous Action: On September 16, 2010, the Planning and Zoning Commission reviewed this proposed text amendment to the LDC and unanimously recommended that it be approved. Recommendation: Board review of a text amendment to the Land Development Code to include the Right -of -Way Protection Map in Section 7.05.03 (Ordinance No. 10-036) and authorization to schedule the second public hearing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ORDINANCE NO. 10-036 Text Amendment to the Land Development Code AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO UPDATE THE RIGHT-OF-WAY PROTECTION MAP AND AMEND THE TEXT OF THE LAND DEVELOPMENT CODE TO INCLUDE THE MAP IN SECTION 7.05.03; PROVIDIN<FINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDINGSEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDINGLING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDINGFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners 1. This Board is authorized by Sectior4 coordinate and enforce zoning and such protection of the public; and, This Board is authorized by a necessary for the exercise of violations of ordinances in acc 3.On August 1, adopted the St. 4.On Septe,I on the prop least 10 days rminations: establish, iry for the ordinances and resolutions fines and penalties for the of St. Lucie County Florida Zoning Commission held a public hearing notice in the St. Lucie News Tribune at mended that the proposed ordinance be Board held its first public hearing on the proposed notice of such hearing in the St. Lucie News Tribune on this Board held its second public hearing on the proposed ing a notice of such hearing in the St. Lucie News Tribune on The proposedWmendment to the St. Lucie County Land Development Code is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. The specific amendment to the St. Lucie County Land Development Code to read as follows in underline format: 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 7.05.03. Rights -of -Way Determinations and Dedications, Improvements "Rights -of -Way Protection Map" (See Exhibit A) TABLE 7-15: ROADWAY TYPE MINIMUM RIGHT -OF- WAY WIDTH Arterial (8 lane) Arterial (6 lane) Arterial/Collector (4 lane) <60 Arterial/Collector (2 lane) Local Road (w/swale drainage) 7 Local Road (w/closed drainage --curb 60 I%L gutter) All distances expressed in feet. Actual sions to be determined a be greater or less than expressed mini given nditions and sp is roadway design requirements. Additional rig w be at the request of the County Engineer or his/her deAignee. The Bo unty Commissioners may modify standard right-of-waytIlIbLjor Planned evelopment if the intent of the ordinance is being uphel . B. CONFLICTING PROVISIONS Special acts of the r ture ap County, County Or unty ROrdinance are h e this O C. SEVERABILI v only to IM111111ficorporated areas of St. Lucie utions, or parts thereof, in conflict with this Ince to the extent of such conflict. If any Ord a is for any reason held or declared to be unconstitutional, ino a or voi ho hall not affect the remaining portions of this Ordinance. If th' dinance or an visi ereof shall be held to be inapplicable to any person, pro or circumstan uch 'ng shall not affect its applicability to any other person, grope circumstance. D. AP PL ILITY O DINANCE This Ordinance s plicable in the unincorporated area of St. Lucie County. E. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. F. EFFECTIVE DATE This ordinance shall take effect upon filing with the Department of State. Ordinance No. 10-036 File No.: TLDC 720104076 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 G. ADOPTION After motion and second, the vote on this Ordinance was as follows: Charles Grande, Chairman XXX Doug Coward, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Chris Craft, Commissioner Paula Lewis, Commissioner PASSED AND DULY ADOPTED this ATTEST: Deputy Clerk � COMMISSIO , FLORIDA County Attorney Ordinance No. 10-036 File No.: TLDC 720104076 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Roger Poitras Annex, Commission Chambers, 3rd Floor September 16, 2010 Meeting 6:00 p.m. In the event of a conflict between these written minutes and a compact disc recording, the compact disc shall control. I. CALL TO ORDER Chairman Mundt called the meeting to order A. Pledge of Allegiance B. Roll Call Craig Mundt ...................................... C Pamela Hammer ............. ..........Com Edward Lounds................. Com Susan Caron ........................ ....scom Brad Culverhouse .................. . Tod Mowery . ............. Members A� Britt Reynolds . Bader nairman ission Member ission Member cio Member Heathe ng .......... ..................Assistant County Attorney Kara Woo .......... .................. Planning Manager Michael Brillh ....................Business and Concurrency Manager Ron Harris ......... ...................County Surveyor Britton DeWitt ...................................Senior Planner Diana Waite......................................Senior Planner Michelle Hylton ................................. Recording Secretary 35 C. Announcements 36 None. hl:Ll2l 37 D. Disclosure Page 2 of 8 38 Mrs. Hammer stated she had correspondence with the applicant and agents for PGA America. 39 Mr. Mundt stated he met with staff about all of the agenda items 40 41 II. MINUTES 42 Review the minutes from the August 19, 2010 meeting for approval. 43 Mr. Lounds moved to approve the minutes as written. 44 Ms. Caron seconded. The motion carried 6-0. 45 III. PUBLIC HEARINGS 46 A. Chapter 5 LDC Revisions 47 Petition of St. Lucie County to amend Chapter 5 of the Land Development Code of St. 48 Lucie County. Staff comments and presentation by Michael Brillhart. 49 Mr. Brillhart stated he is still in the process of obtaining information from the Institute of Traffic 50 Engineers so they are requesting a continuation to the November meeting. 51 Chairman Mundt opened the public hearing. 52 No one spoke. 53 Chairman Mundt closed the public hearing. 54 Mrs. Hammer made the motion to continue to November 18. 55 Mr. Culverhouse seconded. The motion carried 6-0 56 B. PGA Village FLUMA: Ordinance No. 10-035 57 Petition of PGA Village for a Small Scale Future Land Use Map Amendment from RS 58 (Residential Suburban — 2 du/acre) to COM (Commercial). Staff comments and 59 presentation by Britton DeWitt. 60 Ms. Young asked Mrs. Hammer whether there would be any financial gain to her or the PGA 61 Village Board of Directors. Mrs. Hammer stated that the PGA was not a member of the PGA 62 Village homeowners' association and any impact would affect all property owners in PGA 63 Village. Based upon Mrs. Hammers' comments, Ms. Young stated there did not appear to be 64 a conflict for Mrs. Hammer on the petition 65 Mrs. Hammer disclosed that she is not a member of PGA of America. Planning and Zoning Commission September 16, 2010 Minutes DRAFT 66 Mrs. DeWitt presented the petition. Page 3 of 8 67 Greg Boggs, of Lucido and Associates, representing the applicant, stated this would be a 68 phased project and the land use amendment is the first phase. He stated that in the future they 69 would submit a development application that would include a club expansion and lodge to 70 make an all inclusive resort environment. Mr. Boggs stated the team is here to answer any 71 questions. 72 The Commission discussed what would be allowed under the current approval, and about the 73 impact on existing hotels in the area. 74 Chairman Mundt opened the public hearing. 75 George Henderson, a PGA Village resident, spoke in favor of the petition, citing the financial 76 benefits of the proposed lodge and PGA America's positive impact on the area so far. 77 Tom Can, a member of PGA and a PGA Village resident, stated he believes there is an over 78 abundance of places to stay in the area. He stated though he is a member and all for the PGA, 79 he is reluctant to support the hotel at this time. 80 Peter Perry, a PGA Village resident, spoke in favor of the petition. He stated PGA is a vital 81 business partner to the county, and he believes any development by them will be a positive 82 enhancement and contribute to long-term values. 83 Gene Antuna, a member of PGA, and a PGA Village resident, spoke in favor of the petition. He 84 stated he moved here because of PGA, and he believes supporting this is the best for them 85 and us. 86 David Gallup, a PGA Village resident, spoke in opposition to the petition, and stated he think it 87 would negatively affect the other hotels in the area. 88 Chairman Mundt closed the public hearing. 89 Mr. Mowery asked if the request was only for a small-scale amendment because he saw a 90 reference to an accompanying major adjustment to the PNRD petition. 91 Mrs. DeWitt stated in the pre -application letter there was talk of doing the adjustment at the 92 same time, but the applicant will not come forward until after approval of the land use 93 amendment. 94 Dennis Murphy, of Culpepper and Terpening, representing the applicant, stated they had 95 originally intended to submit both applications at the same time, but they decided to do the 96 plan amendment first, and then bring the major adjustment afterwards. Planning and Zoning Commission September 16, 2010 Minutes DRAFT Page 4 of 8 97 Mr. Culverhouse disclosed he was senior counsel and chairman of the bankruptcy practice 98 division of Sachs Sax Caplan, who represented Associations within PGA Village. 99 Mr. Lounds stated he finds it rewarding that PGA would like to bring a benefit to St. Lucie 100 County during this economic situation. He believes corporate America will bring their sales 101 force and customers to the resort and the other area hotels will get the overflow. Mr. Lounds 102 stated he thinks it will stimulate the county's economy. 103 Mrs. Hammer asked why the amendment area was 9.9 instead of 10 acres. 104 Mr. Murphy stated commercial land use amendments less than 10 acres may be approved at 105 the local level, rather than the state level, though the same standards of review need to be 106 met. Mr. Murphy stated lodging is not allowed in the RS-3 land use so they have to change to 107 Commercial. 108 Mrs. Hammer stated her concern that the land use change will open up the possibility of 109 commercial uses other than the lodge. Ms. Hammer also stated concerns regarding the height 110 of the proposed lodge, and a flooding issue in the area. 111 Mr. Murphy stated though other uses could be applied, they would have to provide a specific 112 list of activities that will take place on the property when they go through the PNRD approval 113 process and the ultimate control will rest on the Board of County Commissioners. He stated 114 they are not in a position to commit to any height at this time because it is a design issue that 115 will be addressed as part of the PNRD. 116 Bob Baldassari, General Manager and PGA Professional at PGA Village, stated PGA brings a 117 lot of credibility and prestige to St. Lucie County, and they are not going anywhere. Mr. 118 Baldassari stated PGA has an ownership stake at the Hilton Garden Inn and would not want to 119 take away from that business. He stated the lodging component is years away. Mr. Baldassari 120 stated they are looking at ways to solve the flooding issue. 121 Mrs. Hammer stated she is disappointed there is no commitment to a height restriction, and 122 there was nothing in writing that this would strictly be a hotel. 123 Ms. Caron stated her concern they are being asked to trust PGA and in prior experience has 124 been let down by applicants that changed their plans after preliminary approval. 125 Mr. Murphy stated PGA of America has represented consistently during its tenure in St. Lucie 126 County that they will do a first class job in whatever they do. He stated he could not state a 127 specific height number because they have not finished the designs. 128 The Commission continued to discuss what may be approved with the petition, and their level 129 of comfort with it. Planning and Zoning Commission September 16, 2010 Minutes DRAFT Page 5 of 8 130 Ms. Young stated the petition is a future land use amendment and it is not appropriate to 131 attach conditions to that approval or denial, if it is approved it will come back as an amendment 132 to the PNRD and at that time you will have more specific things to suggest. 133 Mr. Mundt stated the PNRD gives us the opportunity to shape a project to the benefit of 134 everyone. He stated he had not heard an objection from any hotels, or the Treasure Coast 135 Regional Planning Council. Mr. Mundt stated he has attended Tourist Development Council 136 meetings and PGA attends and is supportive of tourism in the area. Mr. Mundt stated staff 137 supports it, and it will go to the BOCC who have the community's interest at heart. He stated 138 he will support this. 139 Mrs. Hammer asked if the land use change is approved, and the applicant came back with a 140 PNRD application for an industrial use, would that be approved. 141 Ms. Young stated it would not be automatic, but it allows them to apply for those uses. 142 Mr. Mowery stated this is part of a DRI and there are certain intensities that are provided for 143 and if they are exceeded it would need to go through an NOPC process, which is difficult. 144 Mr. Lounds made the motion: 145 After considering the testimony presented during the public hearing, including 146 staff comments, I hereby move that the Planning And Zoning Commission of St. 147 Lucie County recommend that the St. Lucie County Board of County 148 Commissioners approve the petition of PGA Reserve Inc., for a small-scale 149 amendment to the Future Land Use Map from RS (Residential Suburban — 2 150 Du/Acre) to COM (Commercial) because I think it will enhance the economy, 151 enhance the surrounding property, and I think it brings a lot of ingenuity to the 152 area. 153 Mr. Culverhouse seconded. The motion carried 5-1 with Mrs. Hammer dissenting. 154 (Mrs. Hammer left the Commission) 155 C. ROW Protection Map in LDC: Ordinance No. 10-036 156 Petition of St. Lucie County for a Text Amendment to the Land Development Code to 157 include the Right — of — Way Protection Map in Section 7.05.03. Staff comments and 158 presentation by Britton De Witt. 159 Mrs. DeWitt presented the draft map and proposed amendment. Planning and Zoning Commission September 16, 2010 Minutes DRAFT Page 6 of 8 160 The Commission discussed why some of the changes were made to the map, and why it 161 would be moved from the Comp Plan to the Land Development Code with the assistance of 162 Mr. Harris. 163 Mr. Culverhouse asked whether specific roads were acquired yet. 164 Mr. Harris stated some of the proposed rights of way are developer driven, so the map will give 165 the County the legal right to request the right of way from the developer for impact fee credits 166 and or cash. 167 Mr. Mowery asked whether staff was comfortable with the fact that every time a change is 168 made to this map once it is in the LDC it will have to come before the Commission. 169 Mrs. DeWitt stated the amendments to the Comprehensive Plan are a more onerous process 170 than the amendments to the Code. 171 Mr. Harris stated in order to give us the legal right to exact the right of way from the developer; 172 it needs to have Board and Local Planning Agency review. 173 Ms. Young stated that is correct, by having it be formally adopted, it gives us protection, and it 174 makes it easier for developers to look at what is around their property. 175 Chairman Mundt opened the public hearing. 176 No one spoke. 177 Chairman Mundt closed the public hearing. 178 Mr. Lounds made the motion: 179 After considering the testimony presented during the public hearing, including 180 staff comments, I hereby move that the Planning and Zoning Commission of St. 181 Lucie County recommend that the St. Lucie County Board of County 182 Commissioners approve the text amendment to the Land Development Code to 183 include the updated Right -of -Way Protection Map because I think it provides us 184 with a consistent view of future land developments in St. Lucie County. 185 Ms. Caron seconded. The motion carried 5-0. 186 D. Solar Energy Ordinance: Ordinance No. 10-034 187 Petition of St. Lucie County to amend Chapters 2, 3, 4, 7 and 8 of and Land Development 188 Code relating to Solar Energy. Staff comments and presentation by Diana Waite. Planning and Zoning Commission September 16, 2010 Minutes DRAFT Page 7 of 8 189 The Commission discussed the types of solar usage covered in the ordinance, and incentives 190 that may be offered to encourage solar use. 191 Chairman Mundt opened the public hearing. 192 No one spoke. 193 Chairman Mundt closed the public hearing. 194 Mr. Lounds made the motion to recommend approval of Ordinance 10-034. 195 Mr. Mowery seconded. The motion carried 5-0. 196 E. Eminent Domain Waivers Ordinance: Ordinance No. 10-033 197 Petition of St. Lucie County to amend the St. Lucie County Land Development Code to 198 provide for Eminent Domain Waivers by amending Section 2.00.00 "Definitions" to 199 include definitions of Acquiring Authority and Eminent Domain Waiver; further 200 amending Chapter 10 to add Section 10.03 "Eminent Domain Wavier" to provide for a 201 waiver where Eminent Domain action renders a site non -conforming; amending Board 202 of Adjustment power to include these waivers; providing for conflicting provisions; 203 providing for applicability; providing for severability; providing for filing with the 204 Department of State; providing an effective date; providing for adoption and providing 205 for codification. Staff comments and presentation by the County Attorney's Office. 206 Ms. Smith presented the ordinance. 207 The Commission discussed how the property owners' rights would be affected under this 208 ordinance. 209 Mr. Culverhouse suggested adding limiting language to the ordinance stating it would not be 210 introduced into evidence in any trial on the issue of severance damages. 211 Mr. Mowery suggested since there is no time constraint, the item be continued to review the 212 cases Mr. Culverhouse cited. 213 The Commission further discussed how the property owners' rights would be affected under 214 the ordinance. 215 Mr. Mundt stated based on the comments we will send this back for further discussion, and he 216 would like Mr. Culverhouse to meet with the County Attorney's office about it. 217 Chairman Mundt opened the public hearing. 218 No one spoke. Planning and Zoning Commission September 16, 2010 Minutes DRAFT Page 8 of 8 219 Chairman Mundt closed the public hearing. 220 Mr. Lounds made the motion to continue the Ordinance to November 18, 2010 at 6:00 221 PM or as soon thereafter as possible. 222 Mr. Mowery seconded. The motion carried 5-0. 223 OTHER BUSINESS 224 Ms. Young stated Mrs. Hammer has been provided with a conflict memorandum for 225 Hardscapes from the last meeting, and we will provide copies of that to the Commission. 226 Mr. Lounds thanked staff for an interesting evening. 227 Mr. Mundt asked the Commission if they would like to combine November and December's 228 items in the November meeting. The Commission concurred. 230 There being no further business, the meeting adjourned at 8:55. Planning and Zoning Commission September 16, 2010 Minutes SL • WEDNESDAY, OCTOBER 6, 2010 • SCRIPPS TREASURE COAST NEWSPAPERS • B3 d C Z W 2 ~ W N Q Z Z G � = J N M m CZZ L Cr) (n J se O N iT C fz a) .0 Z o a O N N U Q U) o Go 0 OD IT x N N m L a) -0 C a) Z C >, E O Z aj O a N O Q f) U Martin taking cue from St. Lucie NOW 17to e,/e,/Time on energy efficiency initiative BUY our Home ! SY GEORGE ANDREASSI Four banks have pledged up to $20 with new energy efficient geotge.andres escrlppe.com models also can help con- STUART — Martin million to the proglanl,whichAil] make serve power County wants to look into A more advanced and developing a program to loans to homeowners to help them pay expensive initiative is encourage energy efficiency installing solar photo vol- and solar power develop for improvements that save enel'gyV. fair panels to generate ment along the lines of an energy; the experts said. initiative undertaken by St. stuff," Heard said. "We things. The Indiantown Non - Lucie County should have been pursuing Four banks have Profit Housing Inc. has 21 The Martin County com- it long, long ago." pledged up to $20 million workers who have made mjssfonvotedunammously St. Lucie County Com- to the program, which improvementsto430houses Tuesday to ask county missioner Doug Coward will make loans to hom- in Martin, St. Lucie, Indian officials to put together led a contingent of energy eowners to help them pay RiverandPalmSeac outud- a strategy for developing efficiency and solar energy for improvements that ties to vnprosetheirenetgy solar power capabilities experts who outlined a pilot save energy. efficiency, as well as make and improving the energy program underway in St. The power of the sun them more resistant to hur. efficiency of homes and Lucie County should be harnessed to ricanes, said Donna Car - businesses. St. Lucie County is produce energy in the man, the group's executive "It's a phenomenal working with the U.S. Sunshine State, Coward director. opportunity," said Com- Department of Energy's and the other experts Tom Cooper, an archi- missioner Patrick Hayes. Oak Ridge National lab said. tect, said he built a house "I don't think we ran act oratory to create a sus- One way to do that in Jensen Beach with a fast enough on this. This tainable communities relatively easily is by variety of energy cousen is an opportunity as a demonstration project installing solar ther- vation features and has society we cannot afford that includes energy con- mal hot water beaten in shown it to more than 300 to pass up on" servation, energy effi- houses and businesses, people. Commissioner Sarah ciency; renewable energy the experts said. Replac- "It's not rocket science," Heard agreed. and green building tech- ing old appliances, par- Cooper said. "It's a very "This is fascinating nologies among other titularly air conditioners, simple thing to pursue" Man charged with DUI manslaughter BY ELLIOTT JONES Martin County Jail under a $26,000 passing and the truck hit the back of euiot.jonesCscripps.com bail. the motorcycle, throwing Barry onto MARTIN COUNTY — A 37-year-old Killed in the accident the roadway and in the path of the Hobe Sound resident is charged with was Charles Patrick truck. DUI manslaughter in the death of a Barry, of Hobe Sound. Florida Highway Patrol reports 44-yearold motorcyclist he stuck and Barry was riding a show Looketi➢'s blood alcohol level ranoverMarrh loon State Road AlA, 2004 Harley-Davidson exceeded the allowable limit of 0.00 officials mid. north on S.R. AIA percent and he was also cited for Michael Lookebill, of the 6300 about 10:35 p.m. when speeding, said Assistant State Attor- block of Southeast Lockerby Place, Lookablll he signaled to turn, ney Christopher Gaston. is charged with manslaughter and near Osprey Street, in a If convicted of DUI manslaughter, two counts of DUI with property no passing zone, court records show Lcokebill could face up to 15 years in damage. On Tuesday he was in the Barry turned left as Lookebill was prison FHP bans its troopers from talking on hand-held cell phones while driving BY ERIC WEISS Eight other states, includ- troopers to pull over when distractions, Westherry ANDJEROMEBURDI ing California and New usinga GPSdevimortouse said, because the cause of Sun sentinel York, have such bansit in voice -activated mode the distraction is not always A new policy bans on- "Don't wait on a law to Law enforcement agen- notedon tickets. Westberry duty Florida Highway tell you to do something you cies around the country said he was unaware of any Patrol troopers from using know you should be doing." have adopted similar bens, trooper -involved fatalities hand-held cell phones while said David Westberry, Westberry said troop- in Florida caused by cell- driving,ameasure aimed at spokesman for the DMV, an spend most of their phone distractions. keeping the roadways safe which oversees state troop day behind the wheel and Banning cell phone use using officers as an exam- an, "When you get behind should be alert. without a hands -free device ple, authorities said. the wheel, pay attention." "This is their office, is a good idea, said Richard The ban went into effect Troopers may use their this is where they do Dual- Mangan, a criminal justice Monday for the state's 1,650 cell phones only with a ness," he said. "Certainly professor at Florida Atlan- troopers. The Department hands -free device. they have the ability to tic University of Highway Safety and "Members most be able handle that responsibility "You'retryingto respond Motor Vehicles considers to maintain both hands on but they (should not) be to an emergency call, if the policy proactive since the steering wheel while distracted." you're using the cell phone Florida has no prohibition the vehicle is in motion," It is difficult to track the there's diversion in terms against holding a cell phone the policy states number of trooper -involved of where attention lies," while talking and driving. The policy also requires crashes causedby cellphone Mangan said Man claims he shredded winning lottery ticket BY BARBARA NWEK Two people correctly chose the right might him the winning ticket he was Sun Sentinel numbers for the $29 million drawing, worried he'd left it in the buck Chris Goodall of Fort Walton Beach affording to the Florida Lottery One After searching the buck, he real - mysherealindtoo late that heshred- ticket was sold at the Shell Station hied he'd brought in a stack of papers ded a Florida Lottery ticket worth at the corner of Racetrack Road and from the vehicle and shredded some $14.5 million. He went black through Beal Parkway The other was a quick of them, including the lottery tickett, his shredder but was able to find only pick sold in Aventura back Gooden even Went baand found a four pieces of what he believes is the Florida Lottery uses a forensics lab few pieces of the ticket in the teeth winning ticket, and those pieces show to help people with problem tickets of the shredder The rest went to the three of the six numbers from the claimtheirprizes,accokdingtoa Flor- landfill Sept 26 with the household Sept. 22 drawing, reports the North- Life Lottery spokesperson trash. Gooden told the Northwest West Florida Daily News Gooden said he bought gas and a Florida Daily News he went to the He says he played numbers on the number of lottery tickets at the Shell landfill, but officials wouldn't allow back of his fortune cookie note from Station on Sept 20. He said he put the him to search for the fragments. lunch that day at the Tokyo Express ticket in his truck, Which he sold the "My heart just sunk," he said. "I Chinese Restaurant. next day He said when he reahaed he just sat them feeling real stupid" PORT ST. LUCIE Port St Lucie Civic Center, 9221 S.E. City celebrating Civic Center Place, on the southeast Latin Heritage Month corner of US. 1 and Walton Road Port St. Lucie is celebrating Latin ST. LUCIE COUNTY Heritage Month in style at After 5 Hours cut at Hurston, LIVE! from 5:30 to 9 pm. Friday port St. Lucie libraries This Month's outdoor After 5 LIVE! event willfeature the miss,meringue, Because of the drop in tax revenues bolero and swing music performed by and reductions in staff, two St Lucie La Nueva Herencia Latina Orchestra County branch libraries will become of Port SL Lucie. The event also will "Express Service" branches with feature a classic car and motorcycle reduced operating hours, starting show, a great variety of food vendors, Oct. 13. arts and crafts vendors, fun for the The Port St. Lucie Branch Library kids and so much more. Admission and Zora Neale Hurston Branch and parking are free. Library will focus on basic library After 5=1 takes place in Village services such as providing Inter. Square, located directly in front of the net access and Wi-Fi, along with access to books, DVDs, CDs and children's materials. Each library will now be open two days a week instead of five. The last day of full service hours for both libraries will be Saturday. The Port St. Lucie Branch, at 180 S.W. Prima Vista Blvd. will be open Wednesdayb som 10a.m. to6pm. and Fridays from 9 am to 5 pm. The Zorn Neale Hunton Branch, at 3008 Avenue D, Port Pierce, will be open Thursdays from noon to 8 p.m. and Saturdays from 9 a.m. to 5 p.m. F urmore infortmatim visit hbp:// libraryaUuciem-gw Flom smT rep[ats LAW OFFICES OF ERic G. OLSEN 1333 NE racoon fli 9orL • Linen B EGOLAW.com 772-225-3393 tiY' ••AaNs• 2300 Virginia Avenue Fort Pierce, FL 34992-5652 Telephone 772-462-1593 sT.Iuxlc o�R�w cn Facsimile: 772-462-2549 NOTICE OF PUBLIC MEETING The 6: Luc»Transportxnm Banning Organimnm(St Lune TP0l anraun a INI>k neevrq !o wNT el areresrtD Dersms are inw!ed um.senm.: wednrdav Ottoder fi. Z010. 2.00pn n.aaws: Ear s. I-uce ci-r cwn<n chamdera n sou ten s: eodewrd Por 5: Lu<e. Flawsl- coact FY =01a11-FY malnn.mpenelen Imprawm {I: Nmmrsnm o! an ppo.aD amenamen- -o me TIP FY2010,11 BON-Fx— Rapor!. Iw 1•at A resolution aobrn !Ile Pudic Ransporatim 3 491eerne he e,ermen- o Transportaaon Ado m Sx�on 531n MenopoL:an nnug Gra m sI. 91ryW n 4saNerY c.Inmle.0 law � apWReldswren.!IMBwPyrc.1, tlRep— ire e 1.— oogi Ire r ce3etenaea^n^a Plapw (O l eplP, upau: ADDrwal a- the -e Mr!M CMP Mepr u. . •gore4or lela ,la pa—, 31 6OWy. Awprwal o' the e a awakes co- ma U11 con�aar m:ers«!ana Eetiea:ran sa-e!r smdv Inblla'rl As m as, taw T n cork arlaul Tnna11 nluem nCRfOh Rn�ew ono aiscusswn o me Dra` In,erlocal -b me TCRrO k.au.e.. Ille,itla' D.— 0 fie S,. Luc. TPO -1 Legida-tie vub contatt Dan uL �lyoe County Rs,o Marragw*as IYaz-tsaa o- coo nvas2l428nze 1! err leas- ere now: Apo- !o -na men, rg .rim a daadary rap re . _ P� should emcee- Canto h T Tl2 6a 73 fFo _ area, a 412e71Rn 6r. Wcel a. k s ere hours par !o me rnee, rig. 5- Luce TPo nsmminadm lours ono regulations mdud�ng T-le VI o• me Clrl Righ-s a I fie puck's healm. saky --erea erery Dersm1 high- p' e¢xa. r am person pecwss o aDI>aalrarry ,m mesa W -fe S- Lune TPO wa. rcpen -d act roarer mneaxed n24's2-17-7Inn a -- ­marpn - en `oi a, I I" pa. ob, 51 u.. desea mdbr es!a IMorm m eftd W ouch ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA October 19, 2010 NOTICE OF LAND DEVELOPMENT CODETEXT CHANGE The St. Lucia County Board of County CornmissiOMR proposes to consider the adoption of the following by •mama. ORDINANCE NO. 10-036 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO UPDATE THE RIGHT-OF-WAY PROTECTION MAP AND AMEND THE TEXT OFTHE LAND DEVELOPMENT CODE TO INCLUDE THE MAP IN SECTION 7.05.03; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING VATH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FORAN EFFECTIVE DATE;AND PROVIDING FOR ADOPTION. APPLICANT Board of County Commustonals. SL Lain County FILE NUMBER:TLDC 720104076 This is the firm of two public heanngs on this hem Thar will be had in the Commission Chambers, Roger Putras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, FortPierce, Florida on Octobar 19,2010, beginning at 6:00 PII. er es soon thereafter as possible. All i tereend persona will be given an opportunity to be Heard. Written comments received In advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. The paivon file is available for review a the Planning and Development Services Department offices located at 2300 Virginia Avenue, 2- Floor, Fort Pierce, Florida, during regular b .mess hours. Plains ca11772/462-2f122 orTDD 772/462-1428 if you have any questions or require additional information. The St, Luce County Board of County Commissioners has the power to review and gram any applications within their area of reaponsiblity. The proceedings of the Board of County Commesioners are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal arty daimon made by the Board of County Commissioners wfth respem to any matter considered a a mewing or hearing, he or she will need a record of tfw Droceedings. For su h purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the wartimorry and evidence upon which the appeal is to be based. Upon the requess of any Perry to the proceeding, individuals ossifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to crime -examine any individual testifying during a hearing upon request If it becomes neonwry, A public hearing may be continued from time to time as may be necessary to a date certain. Anyom wbh a disability requiring accommodation to stand this mean ing should contact the St Lucie County Community Risk Manager a least fortyeigM (48) hours prior to the meeting a (772)462-1546 or TD.D. (772)462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ CHARLES GRANDE, CHAIRMAN PUBLISH DATE: October 5, 2010 J AGENDA REQUEST ITEM NO. III-C DATE: 09/16/10 REGULAR ( ) PUBLIC HEARING (X) LEG. (X) QUASI -JD ( ) CONSENT ( ) TO: Planning and Zoning Commission PRESENTED BY: Britton De Witt SUBMITTED BY: Planning and Development Services Senior Planner t) Department SUBJECT: Right -of -Way Protection Map BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Recommend adoption of the text amendment to the LDC to include the Right -of - Way Protection Map in Section 7.05.03 (Ordinance No. 10-036). Coordination/Signatures County Attorney (X) County Surveyor Daniel S. McIntyre County Engineer (X) Myp ERD Michael Powley Originating Dept. (X) 4ANins k Sattlee (X) �AI Ron Harris Karen Smith Planning and Development Services Department 'COUNTY • R I D A MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager FROM: Britton De Witt, Senior Planne Planning Division DATE: September 16, 2010 SUBJECT: Adoption of Right -of -Way Protection Map into Land Development Code. ITEM NO.: III-C Background: Proposed changes to the Comprehensive Plan, based on recommendations from the Evaluation and Appraisal Report (EAR) adopted in October 2008, were presented to the Board of County Commissioners on June 1, 2010. One of the proposed changes to the Comprehensive Plan was to relocate the Right -of - Way Protection Map (RWPM) into Section 7.05.03 of the Land Development Code (LDC), "Rights -of -Way Determinations and Dedication, Improvements." The Department of Community Affairs does not require this map to be present in the Comprehensive Plan and updates to the data would be more efficient if located in the Land Development Code. The Schedule of Capital Improvements located in the Capital Improvements Element of the Comprehensive Plan is based on anticipated needs identified on the RWPM. The LDC requires the "Thoroughfare Network Right -of -Way Protection Plan," of which the RWPM is a part, to be reviewed and updated every two years. Before adopting the RWPM into the LDC, the map was reviewed by the Development Review Committee, including the Planning and Development Services Director, the County Engineer, the County Surveyor and the St. Lucie Transportation Planning Organization. The goal of the review is to assess the transportation corridors and the necessity for retaining property acquired for the transportation network. If a transportation corridor is determined to be no longer necessary, the transportation corridor shall be removed from the Plan. If a new transportation corridor is determined to be needed, the transportation corridor shall be added to the Plan. Attached as Exhibit A is a draft updated Right -of -Way Protection Map with the proposed roadway updates highlighted in yellow, and following is a table listing each update: J ROW Map Text Amendment September 2, 2010 Page 2 Adopted Roads Being Added to Map Change Koblegard Rd add to map, extend south of Indrio Rd New E-W Tobias Rd New E-W Sebastian Rd new TVC Area road new TVC Area road Johnston Rd widen to 4 lanes, intersect w/Emerson Ave, extend to St. Lucie Blvd Seminole Rd connect Seminole Rd, north of Indrio Rd Indrio Rd -Emerson Ave to US1 I reduce from 4 lanes to 2 lanes West of I-95 from County line to Indrio Rd i new TVC Area road New North Fly -Over (connects with Shinn Rd ext) new TVC Area road Shinn Rd -northern ext from Indrio Rd to Turnpike widen from 2 lanes to 4 lanes Indrio Rd from 1-95 to Shinn Rd (north ext) New South Fly -Over _ widen from 2 lanes to 4 lanes new TVC Area road New E-W "A" Rd new TVC Area road Connector from E-W "A" Rd south to Johnston Rd new TVC Area road Proposed Changes to Map Change Kings Hwy widen from 4 lanes to 6 lanes Taylor Dairy Rd add to map, 2 lanes Emerson Ave/Johnston Rd I connect Emerson Ave to Johnston Rd, 2 lane Keen Rd _ reduce from 4 lanes to 2 lanes _ Angle Rd, west of Kings Hwy widen from 2 lanes to 4 lanes McNeil Road remove McNeil Rd extension from Orange Ave to Okeechobee Rd Graham Road i remove Graham Rd extension from Jenkins Rd to Hartman Rd Graham Road remove Graham Rd extension from Kings Hwy to Rock Rd Jenkins Rd widen from 2 lanes to 4 lanes Selvitz Rd remove Selvitz Rd from Kirby Loop Rd to Edwards Rd Selvitz Rd widen from 2 lanes to 4 lanes Sunrise Blvd _ add Sunrise Blvd to map, 2 lanes _ Lennard Rd extension _ reduce from 4 lanes to 2 lanes Shinn Rd/Range Line Rd connect Shinn Rd to Range Line Rd, 4 lanes Range Line Rd widen from 2 lanes to 4 lanes _ _ remove C-24 Canal Rd from Shinn Rd to Carlton Rd The right-of-way protection areas pertaining to the Towns Villages and Countryside (TVC) are included. The TVC roadways have already been adopted into the Comprehensive Plan for right-of-way protection and are just being incorporated into this graphic. The Jenkins Road Area Plan identifies right-of-way dedication requirements found in Section 4.12.12, which is referenced on the proposed RWPM. Table 7- 15 in the draft ordinance is being updated to add eight lane arterials and their minimum right-of-way width of 200 feet. Previous Action: None. Recommendation: Staff recommends that the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners for the text amendment to the LDC to include the Right -of -Way Protection Map in Section 7.05.03 (Ordinance No. 10-036). ROW Map Text Amendment September 2, 2010 Page 3 Suggested motion to recommend approval/denial of this request: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE TO INCLUDE THE UPDATED RIGHT-OF-WAY PROTECTION MAP [CITE REASON(S) WHY — PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPROVAL OF THE TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE TO INCLUDE THE UPDATED RIGHT-OF-WAY PROTECTION MAP BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ORDINANCE NO. 10-036 Text Amendment to the Land Development Code AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO UPDATE THE RIGHT-OF-WAY PROTECTION MAP AND TO APPROVE AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE TO INCLUDE THE MAP IN SECTION 7.05.03; PRVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; VIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STA' PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOP WHEREAS, the Board of County Commissioners hasImade the following terminations: 1. This Board is authorized by Section 11.01(1)(h), Florida Statutes to establish, coordinate and enforce zoning and suchbiolness regulesons as are necessary for the protection of the public; and, 2. This Board is authorized by S60W_125.01(1)(t)16 adopt ordinances and resolutions necessary for the exercise of ft- and to presciribe fines and penalties for the violations of ordinances in accordce wIlIttlaw. 3. On August 1, 1990 board of Obitnty Carnffiftskicws of St. Lucie County Florida adopted the St. Lucie County Land DO 4. On September 16, 2010, the Planning Code. Zoning Commission held a public hearing on the prop ordinance after publish'publishkV notice in the St. Lucie News Tribune at least 10 days pdot to the tlewft, OW rec mended that the proposed ordinance be apple denied. 5. On , 2010, fts Board held its first public hearing on the proposed ordinance, after ishing A notice of such hearing in the St. Lucie News Tribune on 2010. 6. On , 2010,: this Board held its second public hearing on the proposed ordinamm, after publishing a notice of such hearing in the St. Lucie News Tribune on >10. 7. The proposed amendment to the St. Lucie County Land Development Code is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. The specific amendment to the St. Lucie County Land Development Code to read as follows in underline format: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 7.05.03. Rights -of -Way Determinations and Dedications, Improvements "Rights -of -Way Protection Map" (See Exhibit A) TABLE 7-15: ROADWAY TYPE MINIMUM RIGHT -OF- WAY WIDTH Arterial (8 lane) Arterial (6 lane) - 200 Arterial/Collector (4 lane) rt r60 Arterial/Collector (2 lane) 8i Local Road (w/swale drainage) 70 Local Road (w/closed drainage --curb 60 gutter) All distances expressed in feet. Actual dkWnsions to be site determined and may be greater or less than expressed mini given sfs Conditions and spedFic roadway design requirements. Additional rightof-wayva be at the request of the County Engineer or his/her designee. The Boa4ikbbunty Commissioners may modify standard right-of-way. for Planned LwDevelopment if the intent of the ordinance is being upheld. B. CONFLICTING PROVISIONS Special acts of the Honda LegioNture appkaW only to urOncorporated areas of St. Lucie County, County Ordronces and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordi0ance to the extent of such conflict. C. SEVERABILITY If any of Ordi _ e is for any reason held or declared to be unconstitutional, ino ° e or void, hoI shall not affect the remaining portions of this Ordinance. If thi�dinance or any 0ovisione thereof shall be held to be inapplicable to any person, propW,or circumstances,such hakfing shall not affect its applicability to any other person, DrooerNdr circumstance. D. APPUCARILITY E This Ordinance sW #applicable in the unincorporated area of St. Lucie County. E. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. F. EFFECTIVE DATE This ordinance shall take effect upon filing with the Department of State. Ordinance No. 10-036 File No.: TLDC 720104076 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 G. ADOPTION After motion and second, the vote on this Ordinance was as follows: Charles Grande, Chairman XXX Doug Coward, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Chris Craft, Commissioner XXX Paula Lewis, Commissioner )C!(3C PASSED AND DULY ADOPTED this day, 2010. ATTEST: BOAR OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY' Chains n APPROVED AS TO FORM AND CORRECTNESS: County Attorney Ordinance No. 10-036 File No.: TLDC 720104076 Page 3 7.05.03. Rights -of -Way Determinations and Dedications, Improvements. A. St. Lucie County Thoroughfare Network Right -of -Way Protection Plan. 1. Findings. Action must betaken to plan, designate, and develop transportation corridors within St. Lucie County for the following reasons: a. Traffic congestion and overcrowding on the State Highway System and County Road System constitute a serious and growing problem, which impedes the development of an effective County -wide transportation system, results in increased incidents of traffic accidents, personal injury, and property damage or loss, impedes sound economic growth, impairs effective growth management, discourages tourism, increases maintenance costs, shortens the effective life of transportation facilities, delays public evacuation for natural storms and emergencies, impairs national defense and disaster response readiness, delays response time for emergency vehicles, significantly increases public infrastructure needs and associated costs related to the provisions of police, fire, accident, medical, and hospital services, impairs air quality and otherwise is injurious to the public health, safety, and welfare. b. The designation and protection of transportation corridors and the planning and development of transportation facilities within transportation corridors will substantially assist in allowing St. Lucie County to mitigate traffic congestion and overcrowding on the State Highway System and County Road System, and aid in the development of an effective uncongested and adequately maintained County -wide transportation system. c. Transportation corridors cannot be developed without timely identification, preservation, and protection through regulation, or acquisition of property necessary to accommodate existing and planned transportation facilities within the State Highway System and County Road System. d. Protecting, preserving, and timely acquiring property for the development of transportation facilities within the transportation corridors will also prevent the creation of the health, safety and welfare problems and liabilities described above from burdening the County with increasing public revenue requirements, will substantially aid the sound planning for growth, assist the provision of transportation facilities concurrent with the impact of development, expedite the provision of an adequate State Highway system and County Highway System for the residents of the County, alleviate traffic problems, and substantially enhance the elimination of traffic hazards and the improvements of traffic facilities. The St. Lucie County Comprehensive Plan in Policies 1.1.7.3 and 2.1.3.1 directs that appropriate measures should be taken in order to protect the level of service standards on all public roadways within the unincorporated county which include the State Highway System and County Road System. The Comprehensive Plan also directs that land development adjacent to roads where there is substantial right-of-way requirements pursuant to County specifications should provide for dedication of sufficient additional right-of-way to bring the adjacent right-of-way up to minimum County standards. 2. General. The St. Lucie County Thoroughfare Network Right -of -Way Protection Plan shall identify existing and future transportation corridors and transportation facilities, and shall serve as the implementing Section of the Transportation Element of the St. Lucie County Comprehensive Plan. 3. Purpose. The purpose of the Thoroughfare Network Right -of -Way Protection Plan is: a. To identify the rights -of -way needed for both County and Inter -County Road Systems in conjunction with the State Highway System to ensure county and regional continuity of the transportation system for St. Lucie County. b. To encourage municipalities within St. Lucie County to adopt similar Thoroughfare Network Right -of -Way Protection Plans that are consistent with the County's Thoroughfare Network Right -of -Way Protection Plan. c. To utilize as many existing rights -of -way as is reasonably possible, and to anticipate future needs in areas where rights -of -way do not exist. d. To establish right-of-way widths for future transportation facilities. e. To establish and encourage harmonious, orderly and progressive development of the County Road system and State Highway System in St. Lucie County, that would assure safer and more efficient traffic circulation. f. To adequately plan for the future transportation needs of St. Lucie County and its citizens. B. Review of the Thoroughfare Network Right -of -Way Protection Plan. The Thoroughfare Network Right -of -Way Protection Plan shall be reviewed by each of the following the Growth Management Director, Public Works Director, St. Lucie Metropolitan Planning Organization, and the St. Lucie County Board of County Commissioners at least one (1) time every two (2) years to assess the necessity for continuing the protection of the transportation corridors and the necessity for retaining the property acquired for the transportation corridor. If a transportation corridor is determined to be no longer necessary, the transportation corridor shall be removed from the Plan. If a new transportation corridor is determined to be needed, the transportation corridor shall be added to the Plan. Any additions or deletions from this plan shall be accompanied by the appropriate amendments to the Transportation Element of the St. Lucie County Comprehensive Plan. C. Minimum Right -of -Way and Typical Section Requirements. The following minimum right-of-way widths (Table 7-15) shall be used in considering land dedication needs for roadways identified on the Thoroughfare Network Right -of -Way Protection Plan. TABLE 7-15 ROADWAY TYPE MINIMUM RIGHT -OF- WAY WIDTH Arterial (8 lane) 200 Arterial (6 lane) 200 Arterial/Collector (4 lane) 160 Arterial/Collector (2 lane) 80 Local Road (w/swale drainage) 70 Local Road (w/closed drainage --curb and gutter) 60 All distances expressed in feet. Actual dimensions to be site determined and may be greater or less than expressed minimums given site conditions and specific roadway design requirements. Additional right-of-way will be at the request of the County Engineer or his/her designee. The Board of County Commissioners may modify standard right-of-way widths for Planned Unit Development if the intent of the ordinance is being upheld. SL • FRIDAY, SEPTEMBER 3, 2010 • SCRIPPS TREASURE COAST NEWSPAPERS a B3 d c Z Lill L G W Q Z Z CQ .O C ch O eCC'E L U fD J a* 6 c O N O � C ftf i1f Q) a. Z n c a > 0) N U Q cA 0 00 W O yy T X eH N N m .0 E a) Z at o 7 'O to N O Q S U �.1 O t34 N M 2 g moo\ dssi �" V O iv O U J rere L Cc e — Cii z a PORT ST. LUCIE Flats page. The 52 finalist nominees 9 /11 tribute, exhibit will Each receive a prize of S2,5W for coming, to CIVIC Center weir respective school A panel of qualifiedjudges will nar- The City of Port St. Lucie will have row the field down to the top 10 videos a 9/11 Memorial Tribute that will based on the "wow" factor, ethleti- include the opening of an exhibition Cisco, impact of the play and creativ- in the Civic Center Art Gallery. The ity of the video, which will include a tribute will begin with a ceremony at title and brief description of the play 8:30 a.m. Sept. 11 in the Civic Centers Voting for fast and second place and Village Square. The art exhibit will the grand prize winner will be Dec. remain open for two weeks. 2 until Dec 10. The winners will be The ceremony will include several announced on Dec 13. Cash prizes for speakers who were involved with the thetopvideosamilla'",for the grand aftermath and cleanup at ground prize, $10,000 for first place and $5,000 zero including an agent with the U.S. for second place Department of Homeland Security and a retired member of the New York TREASURE COAST Police Department Counter -Terror- Child safety program ism Bureau. Anyone who suffered a u person lk)ss on Sept 11, 200L bemuse ramp P P awareness of the terrorist attacks are Invited to Never Leave A Child Unattended is be seated in a designated area in Vil- carrying out the largest public aware lage Square, to honor their loved ones. nes, campaign in the organization's Admission and parking are free. The 17-year history. Port St. Lucie Civic Center is at 9221 As Labor Day weekend approaches, S.E. Civic Center Place, the campaign islitaturinga new poster TREASURE COAST design and even greater involvement by Community organizations. Contest seeks best videos The program alerts parents and from hl,vFL, school football other caregivers to the dangers of C+ee leaving Children unsupervised, even State Farm Insurance Companies fprjust a few minutes. is kicking off Friday Night Feats, a "It's especially important, now national high School football video that the busy labor Day weekend is contest to find the biggest moments approaching, that parents and Can, of the season. Players, parents, and givers be alert to the dangers children fans can win up to $17,500 for their can face while we're all egjoying our high school pools, cookouts and other end -of - Eligible fans, coarhes, players and summer activides," said Amy Eryak, community members can submit vid- co-founder of the campaign with her eas to the State Farm Friday Night husband, fort St. Lucie Police Capt. F eats contest page, FridayNightF>'ats Don Kryak. min, from through Nov. 24 The 2010Never leaveAChild Unat- Videos will be submitted and voted tended Campaign also mobilities public on by the public during two time service advertisements in area news, periods w "halves." The first half papers, and on local radio and televi- ends Oct 7 and the second is Oct. 8 sion stations. For more information through Nov. 24. Viewers will deter- or to request program materials, mn- mine 26 finalist nominees from each tact neverleayeaduldunattended.org, half by voting on the Friday Night or call (772) 8788878. ST. LUCIE AND OKEECHOBEE COUNTY LABOR DAY CLOSINGS Labor Doors Monday, Selz E LAW ENFORCEMENT ADMINISTRATIVE SCHOOLS OFFICES SL Lucca County Public SL Lucie County shwffs schemli : Closed Saps. 6 Omos: Closed Sept- 6, Okeechobee Public sclooia: Fort Pierce Pollee: Closed Closed Sept. 6 Sept 6. IRSC: Closed Sept. 6 Port 91, Ufek Pcbn: Closed FAU: Closed Sept. 6 Sept 6, GARBAGE PICKUP Fort Pierce Depurtmam of Send Waste: No pickup Sept 6. Waaia Pro: Regular serves Sept 6 SL Lucie County Landfill: Closed Sam, 6. Waste Management of Okeechobee: Regular pickup Sept 6; IarldTe closed. POST OFFICE No WhArry Sept. 6. PUBLIC TRANSPORTATION SL Lucie County Community Transit: No service Sept 6 Treasurer roast Connector. No savlce Sept. 6 ST. LUCIE NEWS TRIBUNE Busness offices closed Sept. 6, BANKS air Trends] nstilutims contaded • A be closedn Sept. 6; coact ywr fimrDial nsttaron fix specific hours. PHARMACIES All prlarros es conGctetl wul be ripen Sept 6; comad your pharmacy for awffi hours. GROCERY STORES AI groc— contacted will be open Sept. 6; contact your grocery for specific hours. MALLS Indian RNar Mail: Open regular hours Sept 6 Traasuro Coast Squars mail: Open regular hours, Sept. 6 LIBRARIES SL Lucia County Wbnc Manorial: Closed Sep .6 Okeechobee eara WbNc ner.tt..: Caused rapt. 6 GOVERNMENT SL Lucia Courser: Closed Sept. 6. Sup"wr of Elections: Closed Sept. B SL Lude County Tax Collector. Closed Sept. 6. City or Port 61, Lucie: posed Sept S. City Of Fort Pierce: Closed Sept 6. Okeechobee County. Closed Sept 6. City MOkaaelsoDse: closed Sept 6, COURTS SL Lucie County Courthouse: Closed Sep[. 6. Fadenl Courthouse, Fort Pierce: Closed Sept. 6. Oe—hobse County Courthouse: Closed Sept 6. PORT ST. LUCIE Watercraft rentals mailable at Hillmoor Lake Park Port St. Lucie and Up the Creek with a Paddle have formed a partner- ship to offer swan boat, paddle boat and kayak rental services on week- ends, starting Saturday at Hillmoor Lake Park on the Woodstock Trail. Hourly and daily rates are avail- able, and charter Services and party rentals can be arranged. Reservations are recommended. For mom information. Contact Up the Creek with a Paddle at (772) 323 7773 or upthecreekfkahotmaiLmm. TREASURE COAST FPL offers resources, Mots to local schools Florida Power & Light Co. offers local schools access to funding and science programs about energy, solar power and conservation. Teachers can apply for grants for renewable energy Education education class- room projects. Schools also can submit requests for free assembly presenta- tions by FPL'S popular educational characters, Captain Conservation and Professor Whys Renewable Energy Teacher Grants are awarded in increments of $500 or $1,000. Applications are available at FPL.com/community/learning/ solarschDols.shnnL Deadline to apply is Oct. 15 and winners will announced by Dec. 1. A broad range of energy and solar educational tools, activities and projects for all grade levels are available. Teachers can access FPL's free solar curriculum at FPL.mrn/ community/learning/solan chools. shbnL To request a presentationf ors FPL's school assembly program, visit the Professor Whys or Captain Conser- vation link at FPL.mnueducation. From staff reports kWE CASH CHECKS! La Casa Check Cashing Service 4 Port St Lucie 7' Bhd 779•B�g dye Plan sem � M-21W? MrAmDN1 � �. Hip Implant Recall Alert • I • •uy • Hip Zimmer Durom Hip The recent recall and/or suspension of sales of these hip replacements is the result of the high failure rates reported by doctors to the FDA. Patients who have been implanted with either of these defective hip implant devices may be entitled to medical monitoring and money damages. Call us immediately if you have been mplanted with a Zimmer Durom or a J&J DePuy ASR Hip I If you or a loved one has received a Johnson & Johnson DePuy ASR Hip Cup or a Zimmer Durom Cup Hip Replacement then you should call us now to find out if you may be eligible to make a Claim for compensation against the manufacturer of this device. We DO NOT make claims against your doctor or hospital. Call now for a free information packet. Legal help is mailable. The Johnson Law Finn represents clients nationwide who have been injured by defective medical devices. We Work on a contingent fee basis nationwide. Our climate are now of risk of ha tiag to pay any —may out of offeir own pophete. All fees, court costs and expenses are taken only out of any recovery we make for the diem. If there is no recovery the client owes nothing. Call us now. MONEY DAMAGES MAY BE AVAILABLE TIME LIMITATIONS WILL BAR LATE CLAIMS THE JOHNSON LAW FIRM 1 c ...providing uero Fp jounce fpr ubr refined ,71, zrti CALL NOW! TOLL FREE Bee • • III MEEMME Claims handled nationwide. Local meetings with lawyers are available nationwide by appointment only. Principal office in Fort Worth, TX. Phone answered 24r7/365 Call now! ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PUBLIC HEARING AGENDA September 16, 2010 NOTICE OF PROPOSED LAND DEVELOPMENT CODE TEXT CHANGE The St. wee Course wooing acre zoning Commirionamal PWmrirWAgw Yk adreduled. renne one coat remmmammume. raserdle, 1M Feeowine arm to ba mreaken a for onvemiun by 1M aoW of reurse Commiafoan of St. Lucie Callen. Flora. by Ortieence, ORDINANCE NO. 10-014 AN MO ME OF THE air LUCK ROAM OF COUNTY COMseSSIO M AMERONG THE ST LUCIE COUNTY IAND DEVEIOPTAEM CODE REGARONG SOLAR ENEMY BY' "Comm SECTION LORD.". w AMERLNNG SECTION .M." ZOMRG D•TR ; By AMENDNC SECTN)N 4.m.o3 LaWDATIOM ON LAND USE APPLICATIONS AND 4.01.05 RESEARCH AND EDUCATION NARK OVERLAY ZONE USE laMIATION6: BY CREAt4G SECnpi r10.ia SOUR ENERGY SUPPLEMENTAL STANOMD6: V AMETFDNG SECTION ....m MRTCUUUI PERMITTED ACCESSOm StRUCTURE AND USES N PESIDENTIAL, AORCULTUR U_ AND PLANNED UNIT pEVE1DPIAEHTS; PROWl1NG FOR mNRJCTaW PROVISIONS. SEVENABaITY Arm APPLIGWLRY; P00vide- FOR Fin WITH THE DEPARTMENT OF STATE PROVRDNG FORADOPRON AM) COOIRICATION ANDAN EFFECTIVE DATE. APPl1C - St. Lucie County The PI, ,nn and Z PROPERTY:imi-oumeean Planning Agency The IC HEAD end n in.. Cn vvill i.Moul Planning Agary PUBLIC HEARING on :Trio 'gem will be held in the Commission ChambAdmire a Roger P.itraa Anne, 3rd Floor, or Lucre County Adminatrnion Building, 16 d llr beg: Avenue, Fort Farce. Flo.,n smrw., ln. zasp bpmmna n ypgP.EL or A. soon �lure.nn a. maibla. All Imnarwi ced room wig to given . opponunity to be heard. Wrin.mmmence 1—old in advance of the public nearing will slap be c.nardled. Written commence to the Planning and Zoning C.—ram—Local Planning Agary should b. received by the Planning and prior.IF.Serviw Depertmem-Planning Division at loan 3 dens prior to iM artlr for baring. The ppmen rile is asinrle o r me PlmninB and O.aebpmat Sarvica Depertmem .Rica ].,antes n 23pp Virginia hour.,e, zed Floor Fan Farce. TDD during repuln buainaa hou¢. Pray call Az/4om.n z orTDD A2/4n2-f aze R you hoe any 0u.etSt or.Lahr County P.nni g ..it zn. Tr. 51. Lpae co.nty Planning ana zoning commiaionapral Planning Ap•nry re the pow., to r my and recommend to the s,. Lucie Cmmy Roam .f Cmmy Commiui-me, 1, .pp,ov.l or The 9' cal, env aIf th Planning l a ni nin and .n.ng .—imbilltY. The proroWinga or me Planning .na zoning eommi..IonrLocal Planning Apanry re _r.n_1, racn—d. PURSLIAHT M $Mien La ND6 Fbriea eta — P . arson deermle to ap...I y deco:.. made by he Planning and Zoning Commivim,toul Fanning Aganry wan ream to any minter mna moot me meeting o, nearing, he or on. will need a rewm pr ine pmcaedinga. Fur a.& oa, ne ar one cow need to .sure con a erbatim record of the proceeding. i. made, which record mcluda the testimony and w,darce upon which the appal w to b. bead. umn In—vo-n of any arch to the nProceedmg indi dr—teathymg during a hearing will be sworn i . A ,, pact to me proceeding will be granted e Metin.nay m my mehiaual cMirylog d.r.ng a g upon ,eauon. M h Oecome naceearY. •public raring me, be mmin..d m a en.-p.n.in. Anyone with . ei-1m, ,au ng .crommodatim 1. and live Macome eh.uId —roar Ito SI. Lucie County Com nee all napar n W fogy-eigm (48) no.,, p o the mami n IA2Mez-154n or TOO 1772)4 t428 AnY ourem.n..bout thl pads may a rete"ad to st Luce County Morning Division in 1-4E226210 .DD (772)-1426. PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA r CRAIG MUNOT. CHAIRMAN ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA September 16, 2010 NOTICE OF PROPOSED LAND DEVELOPMENT CODE TEXT CHANGE The St. Lucie County Planning and Zoning Commission is scheduled to review and make recommendations regarding the following item petitioned for adoption by the Board of County Commissioners of St. Lucie County, Florida, by Ordinance. ORDINANCE NO. 10-036 An Ordinance of the Board of County commissioners of St. Lucia County, Florida, to update the right -of -Luray Protection map and to approve amending the teat of the land development code to includethe map in section 7.05.03; providing findings; providing for conflicting provisions; Providing for me —ability; providing for applicability; providing for filing with the florido d•portmem of state; providing for an effective data. and providing for adoption. APPLICANT: St. Lucie County The Morning and Zoning Commission PUBLIC HEARING on this der, Will be held in the Commission Chambers, Roger Playas AnneA 3rd Roe, St Lucie County Administration Building. 236o Virginia Aana, Fart Pierce, Ronda inSepsembar 16, 2010 beginning at 6:00 PAR as smn thereafter - As Losable. NI imerese d penions will be at,,, an opportunity M be heard Written l comma, re owed in advance of the public hearing will also be cpmidered. Woolen comments N to Planning ,it Zoning Commission should be r,,,,,ad by the Planning and Development Same, Department - Planning Division at Wan 3 clays one, to fie scheduled haring. The permit, file is available for review at the Planning and Development Services Department offices I—ml at 23M Virginia Avenue, Znd Roor, Fort Pierce. Florida, during regular besiness h..,,. Plea. tall 7721462-2a or Too n21462-1426 a W. have any q.earors .r..qube uldmonal ,rhimation. The St Lucia County Planning and Zoning Cwmmnomr, has the power to review aria —,nomend to the sv Luoie County Board of County commiesimera, m,.pproal or disapproval, an applications within the:, .,, of responsibilky The protesting, of the Planning and Zoning Commission are elecnudcalty, recoNed. PURSUANT TO Seetiort Im6.mAA. Rambo SYmQs, S a person decides To appeal any &,noon made M lie Planning and Zoning Comrtuaion with respect so any matte, ,soared eta m.erng or hearing, he or she Will need a record of for proceedings. For such purpose, he or she may neetl to ensure that verbarm re Cold of the proceedings is made, which record includes the teemony and evidence upon which the appeal is to be based, Upon the request of any gem to the proc rmi ng -individuals tesrrying W granted an rtu oppnnay he cross em xareyproceeding to the any individual trrying during . Taring upon request K it becoris necessary, a public Nosing may osi gmay b. cmbroulds to a date certain. Anyone with a d,obirty requiring mooner udaran to ... this theetng shodd contact the St Lucie Coum, Community Risk Manager at least forty -Night 1461 noun prior W per meeting at (772142-15MwT.D.O.(T2)4U-142B.Anqueston,,Wo Misagenda may be referred m St. Lucie County Planning Division at 072) 2-26Z2. ITEM NO. VII-C DATE: 10/19/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X) LEG. (X) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton De Witt SUBMITTED BY: Planning and Development Services Senior Planner Department SUBJECT: Ordinance 10-020 Evaluation and Appraisal Report -Based Amen ments to the Comprehensive Plan BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the Evaluation and Appraisal Report -Based Amendments to the Comprehensive Plan (Ordinance No. 10-020). COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( OTHER cyt-a L-62�t s2q� Approved 50 ay W. Outlaw, MP pp . County Administrator Motion to continue to Tuesday, Coordination/Signatures October 26, 2010 at 9:00 a.m. or as soon thereafter as possible. County Attorney ( X ) Daniel S. McIntyre County Engineer ( ) Michael Powley Originating Dept. (X) 46— Mark Satterlee Purchasing ( ) Melissa Simberlund County Surveyor ( ) Ron Harris ERD (X) ren Smith OMB ( ) Marie Gouin Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director -- Kara Wood, Planning Manager FROM: Britton De Witt, Senior Planne Planning Division 9) DATE: October 19, 2010 SUBJECT: Evaluation and Appraisal Report -Based Amendments of the Comprehensive Plan ITEM NO.: VII-C Background: This is the final adoption hearing (second reading) by the Board of County Commissioners for the Evaluation and Appraisal Report -based amendments to the Comprehensive Plan. After the first reading, staff incorporated changes as directed by the Board and it was then reviewed by the Florida Department of Community Affairs (DCA). The enclosed DCA-issued Objections, Recommendations and Comments (ORC) report gave direction for further changes that have been incorporated into the document. Enclosed are supplemental pages to the previously issued Evaluation and Appraisal Report -based amendments binder. The following memo by Calvin, Giordano & Associates itemizes each objection by DCA and what changes were made in response to the ORC report. In general, DCA wanted more information on programs and land use practices that the County will complete now, and in the future to reduce greenhouse gas emissions. The following additional information on current County programs and strategies was emphasized in the EAR -based Amendments and related ORC Response memorandum including: • Urban Service Area • TVC Element • Preservation of Agriculture • Jenkins Road Area Special District • Green Jobs and Innovation Corridor • Project Energy Programs including: o Solar and Energy Loan Fund o Green Building Standards o Certified Green Local Government o Green District Future strategies to reduce energy consumption were also emphasized in the EAR -based Amendments and related ORC Response memorandum including: • Transfer of Development Rights Program • Mobility Fees Board of County Commissioners EAR -Based Amendments October 13, 2010 Page 2 Compact, Walkable Development Additional changes made to the EAR -based Amendments in response the ORC Report include: • Eliminated exemption for affordable housing in numerical needs analysis to justify land use amendments that increase residential units • Adjusted Transportation data and maps to FDOT's most current data • Provided a map of the Port of Fort Pierce • Clarified method for rehabilitating substandard housing through rehabilitation grants Previous Action: February 8, 2010 — A public workshop was held. February 15, 2010 — A public workshop was held. March 8, 2010 — A public workshop was held. March 18, 2010 — A workshop with the Planning & Zoning Commission/Local Planning Agency was held. April 15, 2010 — Public hearing with the Planning & Zoning Commission/Local Planning Agency was held and voted 5:2 in favor of recommending adoption of the proposed amendments to the Board of County Commissioners. May 25, 2010 — Board of County Commissioners informal meeting was held. June 1, 2020 — Transmittal hearing by the Board of County Commissioners was held. August 16, 2010 — Objections, Recommendations and Comments Report was issued by the Department of Community Affairs. Recommendation: Board approval of the Evaluation and Appraisal Report -Based Amendments of the Comprehensive Plan (Ordinance No. 10-020). Calvin, Giordano & Associates, Inc. E X C E P T I O N A L S O L U T I O N S g �.! - ii ❑ Fort Lauderdale Office - 18M Eller Drive, Suite 600, Fart Lauderdale, Florida 33316 Phone:954.921.7781 . Fax:954.921.8807 ❑ Palm Beach Office - 560 village Blvd., Suite 340, West Palm Beach, Florida 33409 Phone:561.684.6161 • Fax:561.684.6360 DATE: October 12, 2010 TO: Mark Satterlee, AICP, Director, Planning &Development Services Britton De Witt, Senior Planner FROM: Lorraine Tappen, AICP, Senior Planner SUBJECT: Evaluation and Appraisal Report (EAR) Based Comprehensive Plan Amendments PROJECT: 09-2819 Background: The St. Lucie County EAR -based Amendments were approved by the Board of County Commissioners on June 1, 2010 for transmittal to the Florida Department of Community Affairs (DCA), the South Florida Water Management District, the Florida Department of Transportation, and the Treasure Coast Regional Planning Council and other agencies that review comprehensive plan amendments. The Florida Department of Community Affairs issued its Objections, Recommendations and Comments (ORC) Report on August 16, 2010 based upon its review of the EAR -based Amendments and comments from the reviewing agencies. Summary: This memorandum summarizes changes made to the EAR -based Amendments in response to the ORC Report. Changes are shaded in the text. Objection #1: DCA recommended revising the objectives to include the specific, measurable, intermediate end results that mark progress toward the goal and revise the policies to include meaningful and predictable energy conservation and greenhouse gas emission strategies that will be applied to development. Also, the policies should identify the guidelines and standards the County can apply immediately and include specific actions for implementing additional energy conservation measures that will take longer to implement. It is important to note that the EAR -based Amendments includes a number of strategies that the County has currently in place to prevent sprawl, encourage compact development, and reduce production of greenhouse gases. The Data Inventory and Analysis was revised (from page I A 1) to further inventory the work of the Smart Growth Committee and the extensive smart growth and green planning strategies that exist in the County today and planning initiatives such as Project Energy that are underway right now. The Conservation Element provides additional history on the County's commitment to sustainable growth and the County's Green Local Government Certification through the Florida Green Building Coalition, Inc. (FGBC) (from page 6-17). The following is an inventory of Comprehensive Plan strategies that the County currently has in place followed by a list of strategies that will occur in the near future: 2 OCTOBER 7.2010 1) Urban Service Area: This area lies to the east of the previously discussed Urban Service Boundary and represents the preferred regions for development at urban intensities. The area indicated is the most likely to have centralized water and wastewater services provided by either a municipal utility or a privately operated regional enterprise. The intent of the urban service area designation is to restrict the negative impacts of a sprawling low density development pattern and the fiscal burden that pattern of development has on the ability of the community to meet its service needs. The following Future Land Use Element policies provide for implementation of the Urban Service Boundary and the Urban Service Area: Policy 1.1.4.3- Retain an urban service area boundary to restrict the negative impacts of a sprawling low density development pattern and the fiscal burden that pattern of development has on the ability of the community to meet its service needs. Policy 1.1.5.1 - Urban development activities shall be restricted to that area identified as the Urban Service Area in the Future Land Use Map series. Urban development activities are defined, for the purpose of this Policy, as any residential development activity in excess of two units to the gross acre, any non-agricultural commercial activity or any non- extractive/non-agriculturally related industrial activity. Policy 1.1.5.2 - Prior to the issuance of any final development order within the Urban Service Area, the County shall consider the proximity of the proposed development activity to the availability of urban and community services and facilities. Development which requires extending any of these services over or through significant distances of undeveloped land or land not already subject to the issuance of a final development order shall be discouraged until other lands that are more proximate to the existing services have been developed. The Urban Service Area is also mentioned in the Future Land Use Element Data Inventory and Analysis (p. 1-4) and the Urban Service Boundary is displayed on map FLU-12. The following Infrastructure Element policy support concentrating urban development within the Urban Service Area: Policy 4A.1.1.2: The County Utility District will determine the most cost effective and efficient means of providing potable water services to all areas of the urban service area as depicted in Policy 1.1.5.1 in a manner that will not promote linear or leapfrog development consistent with Policy 1.1.5.2. The County Utility District will determine the most cost effective and efficient means of providing potable water services for all development approved by the County Commission within the unincorporated areas of the County outside the urban service area which approval is subject to the provision of central water service within such development. Policy 4D.1.1.12: The County Utility District will determine the most cost effective and efficient means of providing sanitary sewer services to all areas of the urban service area as depicted in Policy 1.1.5.1 in a manner that will not promote linear or leapfrog development consistent with Policy 1.1.5.2. The County Utility District will determine the most cost effective and efficient means of providing sanitary sewer services for all development that may be approved by the County Commission within the unincorporated areas of the County outside the urban service area which approval is subject to the provision of sanitary sewer service within such development. 3 OCTOBER 7. 20 10 2) Towns, Villages and Countryside (TVC) Element. The TVC Element is an existing part of the St. Lucie County Comprehensive Plan. It uses Traditional Neighborhood Design principles for undeveloped areas of northern St. Lucie County. The element requires a mix of uses, with a pedestrian -friendly block and street network in development or redevelopment. The TVC Element is described in the Future Land Use Element Data Inventory and Analysis (p. 1-12). 3) Jenkins Road Area Plan Special District. The County completed the Jenkins Road Area charrette and land development code amendments in 2007. The need for a Special Area Plan came from a desire balance development commercial and industrial, and residential uses near major roadways such as the Turnpike, I-95, and Okeechobee Road with a grid -style roadway network, and accessibility for pedestrians and transit in the area. Strategies include addressing failing roadway facilities and provides for internal capture of trips, and increased modes of internal trip capture which reduce vehicle miles and greenhouse gas production. The following Future Land Use Element Policy supports planning and greenhouse gas reduction in this Jenkins Road area: Policy 1.1.4.9- The County shall continue to support dense, compact development in the Jenkins Special Area Plan corridor which creates a viable road system and supporting multi -modal facilities, and to create an innovative, mixed use neighborhood that increases the internal capture of trips and to include walkable scale and bicycle facilities that increase the variety of modes of transportation used to make internal trips built with adequate open space and recreational resources, and to protect natural resources. 4) Preservation of Agricultural Areas. The current Targeted Industry List for St. Lucie County includes biofuels. As a part of the Targeted Industry List, biofuels projects would receive priority for consideration of economic development incentives and expedited development review. Future Land Use Element Policy 1.4.1.4: The County shall continue to support activities that encourage biofuels production per the St. Lucie County Targeted Industry list. Project Energy includes the following immediate and longterm erm planning initiatives: 5) Solar and Energy Loan Fund. The County began the Solar and Energy Loan Fund program in 2010 to grant low interest loans to residents and business owners to install energy efficiency and conservation measures as well as renewable energy technology. New Future Land Use Element Policy 1.4.2.5 and Housing Element Policy 3.2.7.10 support this current activity. The Solar and Energy Loan Fund is also mentioned in the Future Land Use Element Data Inventory and Analysis (p. 1-13). 6) Green Building Standards. The following Future Land Use Element policy and objective support green building standards and green practices for County buildings and operations. Future Land Use Element Policy 1.4.2.1 — In accordance with Section 255.2575, F.S. the County will continue to construct all future County buildings to meet the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system or the Florida Green Building Coalition standards. 7) Certified Green Local Government. In 2010, St. Lucie County was certified as a Florida Green Local Government (Gold Level). The certification process provides a systematic way for local governments to assess its level of sustainability and to incorporate multiple environmental, 4 OCTOBER 7, 2010 ecological and sustainability features throughout its operations to reduce consumption and increase efficiency; saving taxpayer dollars and the environment. Future Land Use Element Objective 1.4.3: Maintain St. Lucie County Greenprint and implement specific actions as part of the Florida Green Building Council's Green Local Government certification, including: The Conservation Element Data Inventory and Analysis also provides details on the St. Lucie County green government certification and Greenprint. (p. 6-17) 8) Green Jobs and Innovation Corridor Charrette. From 2009, the County has been planning a green jobs corridor surrounding the Treasure Coast Education and Research Park, located between the Turnpike and Kings Highway north of Okeechobee Road. A workshop on the Green Jobs and Innovation Corridor was held by the County on October 9, 2010. Additional economic development and job creation in the county will reduce long commutes to employment centers in West Palm Beach and Vero Beach and increase jobs/housing balance ratios. At the time of adoption of the EAR -based Amendments, planning of specific strategies for development of the area are still being developed. Future Land Use Element Policy 1.1.4.10— Land Development Code amendments to implement recommendations in the Green Jobs and Innovation Corridor Charrette which will include an emphasis on green collar* ob creation, green energy, energy conservation. building standards, landscaping, public meeting places and guidelines to develop the Research Park so that it will encompass the most current green technology available will be completed by December 2011, The Green Jobs and Innovation Corridor Charrette is also mentioned in the Future Land Use Element Data Inventory and Analysis (p. 1-12). 9) Green District. St. Lucie County has collaborated with the U.S. Department of Energy Oak Ridge National Laboratory, General Electric, the City of Fort Pierce, and other local organizations to create a model sustainable community. The Future land Use Data Inventory and Analysis lists the specific partnerships and programs including the Green Collar Training Center. (p. 1-13). Additional Comprehensive Plan strategies focus on planning and land use activities that support greenhouse gases that will be implemented in the near future. 10) Transfer of Development Rights Program. The County's Western Lands Study is currently underway. The intent of the Western Lands Study is to preserve a functioning network of agriculture, open space, and natural areas while providing economically viable options for agricultural landowners, now and in the future. The County intends to include a transfer of development right program encouraging property owner outside the Urban Service Area to transfer their development rights within Urban Service Area to preserve agricultural areas, the economic feasibility of agricultural production, and to preserve natural areas. Policy 1.4.1.3 Amend the Comprehensive Plan to include a transfer of development rights program by December 2011 that preserves agricultural areas, open spaces, and natural areas through a green infrastructure analysis. 5 OCTOBER 7, 2010 11) Mobility Fees. A workshop was held on September 24, 2010 on vehicle miles travelled (VMT)-based mobility fees. New Comprehensive Plan Policy 1.2.1.6 requires the study to be completed by December 2011. Future Land Use Element: Policy 1.2.1.6 Complete they study on innovative transportation funding practices that discourage sprawl such as a mobility fee that charges all new developments with costs varying on location and vehicles miles traveled (VMT) per the Transportation Element by December 2011. 12) Compact, Walkable Development. The County supports compact, walkable development and includes this greenhouse gas reduction concept in all major planning initiatives including the TVC and Jenkins Special Area Plan. To support compact walkable development in other areas of the unincorporated County, the following Future Land Use Element policy was added: Future Land Use Element Policy: Policy 1.1.4.7- The County shall amend the Land Development Code to require design standards for compact, walkable development by December 2011. This Future Land Use Element Policy is supported by the following Transportation Element Policies: Policy 2.3.1.1 - The County shall coordinate with the FDOT, the St. Lucie Transportation Planning Organization (TPO), the City of Fort Pierce, and the City of Port St. Lucie and implement the recommendations of the 2008 SLC Bicycle, Pedestrian, Greenways & Trails Study as it may be updated, when funding is available, or as provided in the Land Development Code. Policy 2.3.2.5 - Include within the Land Development Code by December 2011 a requirement that all new development provide bicycle facilities and/or sidewalks along all major collector and arterial roadways within and adjacent to the proposed development project. Pedestrian facilities shall be required along all local streets as necessary to support the intensity and density of development. Policy 2.3.2.6 - Coordinate bicycle planning activities with other agencies associated with bicycle planning activities in Okeechobee, Martin and Indian River Counties including FDOT. Policy 2.3.1.7 - Motorized and non -motorized transportation needs shall be identified and addressed and met for each new development approval. Policy 2.3.1.8 - The County shall continue to implement the necessary Land Development Code amendments to require that all new land development activities include dedicated bicycle and pedestrian facilities on internal arterial and collector roadways. Pedestrian facilities shall be required along all local streets as necessary to support the intensity and density of development. The following provides more detail on the changes made to the EAR -based Amendments after the ORC Report for Objection #1: a) Specific to comments regarding Future Land Use Element Objective 1.1.4, additional information about the County's extensive planning processes including the TVC, Jenkins Road Special Area Plan, Western Lands Study, Green Jobs and Innovation Corridor, and Green District are included in the Data Inventory and Analysis. 6 OCTOBER 7, 2010 Other changes include: • Policy 1.1.4.7 was added to state that the County will amend the Land Development Code to require design standards for compact, walkable development by December 2011. • Policy 1.1.4.8 was also added under this objective to reflect Transportation Element Policy 2.2.1.4 which states that the County shall work with the FDOT to develop guidelines for Transit Oriented Development (TOD) by December 2012. • Policy 1.1.4.9 was added to reflect land development regulations regarding the Jenkins Areas Special District Area Plan which requires compact development and Policy 1.1.4.10 was added to reflect the Green Jobs and Innovation Corridor Charrette plans. • Policy 1.1.4.6 regarding the monitoring of aging neighborhoods and encouraging redevelopment was removed as the County has not identified redevelopment areas. (b) Specific to comments regarding Objective 1.4.1, new language regarding the Western Lands was added. Policy 1.4.1.3 requires development of transfer of development rights program by December 2011 that preserves agricultural areas, open spaces, and natural areas through a green infrastructure analysis. Policy 1.4.1.4 affirms the County's focus on biofuels in the economic development activities and as part of their Targeted Industry List. Policy 1.4.1.5 requires the preservation of agriculture through economic development strategies that support local agriculture that will provide greater opportunity for agriculture -related businesses and ecotourism in the western lands. (c) Specific to Future Land Use Objective 1.4.2, new Policy 1.4.2.5 was added to state that the County shall continue to grant low interest loans through the Solar and Energy Loan Fund to residents and business owners to install energy efficiency and conservation measures as well as renewable energy technology. Also details on the program were added to the Data Inventory and Analysis in the Conservation Element. (d) In the Transportation Element, language regarding reduction of greenhouse gas emissions through promoting increased transit usage, bicycle and pedestrian facilities, and limiting new road development was moved to new Objective 2.1.213. Policies 2.1.2.11-2.12.14 were renumbered to correlate to Objective 2.1.2B. Also Policy 2.1.2.4 regarding Transit Oriented Development was moved to Policy 2.1.213.5. (e) Specific to DCA comments, Housing Element Policy 3.2.7.10 was added to state that the County shall continue to grant low interest loans through the Solar and Energy Loan Fund to residents and business owners to install energy efficiency and conservation measures as well as renewable energy technology. OBJECTION #2 DCA objected to allowing exemptions for affordable housing in Policy 1.1.4.7 (Now Policy 1.1.4.6) which requires future land use map amendment applications that increase residential development demonstrate a numerical population need. DCA recommended revising Policy 1.1.4.7 to eliminate the exemption for infill development and affordable housing from the comprehensive needs analysis. This exception has been eliminated. OBJECTION #3 Objection #3 states that new Future Land Use Policy 1.1.5.12 regarding location of urban land use intensities within the urban service boundary is vague. Additionally, DCA stated that the policy uses the word "encourage" and "discourage" regarding the location of land uses and the conservation of agricultural land, and defers to the Land Development Code rather than providing meaningful and predictable guidelines in the policy for the location of land uses. DCA 7 OCTOBER7,2010 recommended revising Policy 1.1.5.12 regarding discouraging urban land uses in agricultural areas outside the urban service boundary. Policy 1.1.5.12 was struck and Policy 1.4.1.3 was added to state that the County would amend the Comprehensive Plan to include a transfer of development rights program by December 2011 that preserves agricultural areas, open spaces, and natural areas through a green infrastructure analysis. Policies 1.4.1.4 and 1.4.1.5 were added to support existing and future economic development strategies related to agriculture. OBJECTION #4 Objection #4 stated that new Future Land Use Element Policy 1.1.11.4 regarding Mining/Industrial Extraction did not provide meaningful and predictable guidelines for determining adverse effects on environmentally sensitive lands or compatibility with surrounding land uses. The language for this new policy was originally in the Data, Inventory, and Analysis. The Land Development Code provides guidance for County decisions on Mining/Industrial Extraction. DCA recommended not adopting Policy 1.1.11.4 regarding criteria for mining and industrial extraction. This policy was struck. OBJECTION #5 DCA recommended revising the Strategic Intermodal System (SIS) level of service for SIS Roadways. The Transportation Element Data, Inventory, Policy 2.1.2.6 and Capital Improvement Element Policy 9.1.1.12 have been updated to include level of service standards for SIS facilities consistent with FDOT standards. The three non -roadway SIS facilities: the Intracoastal Waterway, the Florida East Coast (FEC) Mainline Rail Corridor, and the South Central Florida Express Railroad K Line are included in the Data, Inventory, and Analysis Section on pages 2-4, 2-5, and 2-13 and on Map TRN-11. OBJECTION #6 DCA recommended adjusting some data related to SIS facilities SR70/Okeechobee Road. Data from these two facilities has be adjusted in Transportation Element Tables 2-5 and 2-12 to data received from FDOT (2008 AADT Data) except for one segment of I-95 from Gatlin Boulevard to St. Lucie Boulevard. Adjustments were also made to maps TRN-1, TRN-2, TRN-4, and TRN- 5 as follows based upon the new data: TRN-1 (Existing # of Lanes): 1-95 from Midway to Okeechobee Rd — 6 Lanes Okeechobee Rd from I-95 to the Virginia Ave/Okeechobee Rd Fork — 6 Lanes TRN-2 (Future # of Lanes): I-95 from Okeechobee Rd to Orange Ave — 8 Lanes I-95 from Orange Ave to Indrio Rd — 8 Lanes I-95 from Indrio Rd to Indian River County Line — 8 Lanes Okeechobee Rd from McCarty Rd to FL Turnpike — 6 Lanes Okeechobee Rd from FL Turnpike to 1-95 — 6 Lanes Okeechobee Rd from I-95 to the Virginia Ave/Okeechobee Rd Fork — 6 Lanes TRN-4 (Existing Roadway LOS): 1-95 from St. Lucie West Blvd to Midway Rd — LOS B 1-95 from Midway Rd to Okeechobee Rd — LOS B 1-95 from Orange Ave to Indrio Rd — LOS B I-95 from Indrio Rd to Indian River County Line — LOS B Okeechobee Rd from McCarthy Rd to FL Turnpike — LOS A Okeechobee Rd from FL Turnpike to I-95 — LOS F Okeechobee Rd from I-95 to the Virginia Ave/Okeechobee Rd Fork — LOS C 8 OCTOBER Z 2010 TRN 5 (Future Roadway LOS): I-95 from Martin County Line to Gatlin Blvd — LOS F I-95 from Gatlin Blvd to St. Lucie West Blvd — LOS E I-95 from St. Lucie West Blvd to Midway Rd — LOS D I-95 from Midway Rd to Okeechobee Rd — LOS E I-95 from Indrio Rd to Indian River County Line — LOS B Okeechobee Rd from Okeechobee County Line to McCarty Rd — LOS A DCA recommended adding meaningful and predictable guidelines for implementing Transportation Demand Management strategies, mobility fees, and other programs for transportation improvements. Language was added to Future Land Use Policies 1.2.1.4 and 1.2.1.5 and Transportation Element policies 2.1.2B3 and 2.1.2B4 to state that that the County would consider including these projects in their annual budget. Policy completion dates have now also been included in Transportation Element Policies 2.1.2A.9, 2.1.2B.4, 2.6.1.6, and 2.6.1.7. Transportation Element Policy 2.1.2B.I was clarified to state that mobility fee study (currently underway by the County) will be completed by December 2011. Additional information on the mobility fees was included in the Future Land Use Element Data Inventory and Analysis on page 1-13. OBJECTION #7 DCA recommended that future transportation map TRN-2 be modified to be consistent with the 2030 Regional Long Range Transportation Plan. The following changes were made map to TRN-2: • Orange Avenue between Kings Highway and Jenkins Road now shows 4 lanes. • Becker Road extension, Gatlin Boulevard extension, Village Parkway, and Crosstown Parkway extension were added as part of the Port St. Lucie Annexation area map from FDOT (Map TRN-5 was also modified with these changes.) • US-1 just south of Orange Avenue as 4 lanes not 8 lanes (Map TRN-1 was also modified with these changes.) • State Hwy 609A, CR 609, and Sneed Road are now on TRN-2 (similar to TRN-1). Other changes to the Transportation Maps include: • TRN-I I now labels the FEC and South Central Florida Railroad K Line. • TRN-1 -Orange Ave west of Kings Highway now shows 2 lanes. • TRN-1 and TRN-4 - a few roadway segments were either added or deleted to show consistency with the future map series. OBJECTION #8 DCA recommended including maps to identify port facilities and airport facilities including clear zones. Figure 2-1 was clarified to state that it represents runway protection zones (clear zones). Figure 2-3 Map of Port of Fort Pierce operations area was added on page 2-14. OBJECTION #9 DCA recommended revising Housing Element Policy 3.2.3.2 to provide meaningful and predictable guidelines to ensure substandard housing is rehabilitated. The policy was revised to 9 OCTOBER 7, 2010 state, "The County shall continue to encourage rehabilitation of substandard, dilapidated housing through rehabilitation grants." OBJECTION #10 DCA recommended revising the Public School Facilities Element (PSFE) for consistency with the District Facilities Work Plan. However, PSFE Objective 13.2.6 states that the County shall adopt by reference in its Capital Improvements Element, the St. Lucie County School Board annually updated 5-Year Work Program. Therefore, new Capital Improvement Element Policy 9.1.1.24 was added to state that the County will adopt by reference the St. Lucie School District Five Year District Facilities Work Program (2010-2011 Work Plan) adopted on September 28, 2010. Additionally, School District projects from the prior year's work program were struck in the Schedule of Capital Improvements in the Capital Improvement Element. School Board projects mentioned in the Future Land Use Element Data, Inventory and Analysis were revised to be consistent with the St. Lucie County School District Facilities Work Program (2010-2011 Work Plan). Comment #1 The South Florida Water Management District indicated a concern that the Future Land Use descriptions did not allow SFWMD structures such as gates (locks), monitoring stations, small platforms, or docks for their activities. These are not principle structures and are not subject to the principle uses outlined in the Future Land Use categories. No change was made at this time. Comment #2 DCA recommended clarifying the term environmentally beneficial in Future Land Use Policy 1.1.9.2. In response, the policy was revised to state, "In conjunction with the implementation of Policy 1.1.9.1, the County shall, by December 2012, consider allowing fees in lieu of on -site preservation for the purpose of habitat acquisition/preservation. The Land Development Code criteria and standards drafted for the protection and preservation of both wetland and upland habitat shall specify criteria when fees in lieu of on -site preservation shall be allowed. The criteria shall consider limitations of size, quality and connectivity of the proposed on -site preservation and shall provide for off -site habitat acquisition/preservation of higher quality, larger, connected sites." Comment #3 DCA recommended revising map FLU-12 Urban Service Boundary to indicate areas that are now included in the City of Port St. Lucie Urban Service Boundary. The County has never encouraged urban development in the western lands because of presumptive costs associated with sprawl. Also, the County has begun focusing on the planning for the western part of the County, including the area west of the City of Port St. Lucie. It is the County's hope that the City would heed the recommendations of the TCRPC and the DCA to establish a western limit and work with the County on the annexation agreement and joint planning efforts. There is no change to the map at this time. Comment #4: DCA suggested adding policies to support Transportation Element Policy 2.4.3.1.C. which states "The following policies of St. Lucie County's Comprehensive Plan are supportive of this scenic corridor and are hereby incorporated in this goal by reference." The language in policy refers to the policies within the Comprehensive Plan. There is no change made to this Policy. Comment #5: DCA recommended including actions to be undertaken by the County to obtain funding for transportation projects. Transportation Element Policies 2.6.1.6 and 2.6.1.7 state that the County shall pursue funding sources for transit and other transportation projects. Completion dates were added. 10 OCTOBER 7, 2010 Comment #6: DCA suggested that St. Lucie County should include a policy to work closely with the two Dense Urban Land Area (DULA) cities in their efforts to fulfill statutory requirements to development Transportation Concurrency Exception Areas to achieve coordinated multimodal planning and projects to address extra jurisdictional transportation system impacts. New Transportation Element Policy 2.4.1.4 has now been added to address this comment. (Note: SB360 requiring TCEAs for DULAs has per the Florida courts been expunged from Florida statutes. The summary judgment is being challenged. Whether SB360 is upheld or not, the County wishes to move forward on coordinating with the municipalities on multimodal planning.) Comment #7: DCA recommended removing level of service standards for concurrency management areas and constrained/backlogged facilities in Transportation Element Policy 2.1.2.6. The County does not currently have any TCMAs. However, the LOS standards are included so that if a TCMA were to be established then the LOS standards would already be in place. The constrained roadways and mitigation efforts are part of the Congestion Management System (CMS) which is updated annually by the TPO. Therefore, new roadways could be added to the list on an annual basis. The CMS is referenced in Policy 2.1.1.2. There is no change to the element at this time. Comment #8: DCA recommended that the County should consider enhancing transit supportive policies particularly in support of the proposed Amtrak/Intermodal center in downtown Fort Pierce. The Transportation Element and Future Land Use element both require the County to development Transit Oriented Development standards by 2012 which suits this purpose. No change made for this comment. Comment #9: DCA recommended removing the word "acceptable" from Objective 2.1.2 regarding constrained roadways. This change has been made. Comment #10: DCA recommended revising Housing Element Policy 3.1.1.1 to be consistent with the Strategic Regional Policy Plan. This change has been made. Comment #11: DCA recommended not deleting a reference to the Stormwater Management Plan in Conservation Element Policy 6.1.2.2. This change has been made. Comment #12: DCA recommended clarifying requirements for wildlife management plans. The following has been inserted into Policy 6.1.8.10: "The management plan shall specify and provide for a funding mechanism to initiate and maintain the plan, and shall follow the Florida Fish and Wildlife Commission's recommendations for managing listed wildlife species when applicable." Comment #13: DCA suggested including a date in Conservation Element Objective 6.1.15 when the Wetland Inventory Study may be completed. The Objective was revised to state that the study will be complete in June 2011. Existing Policies 6.1.15.2 and 6.1.15.3 state when land development code and comprehensive plan amendments will be completed. Comment #14: DCA suggested adding the Martin Metropolitan Planning Organization to Policy 8.1.2.5 regarding the Regional Transit Development Plan. This change was made. Comment #15: DCA recommended including information on executed developer agreements in the five-year Schedule of Capital Improvements. The County will review this comment when the FY 11 Capital Improvement Element Update is prepared and adopted. 11 OCTOBER 7, 2010 Other Changes to the Comprehensive Plan include: • Table 1-3 was adjusted to remove the compatibility of Conservation Public (CPub) land use with Religious Facilities (RF) zoning. Also, the CPub zoning was marked as compatible with all future land use designations. • Specific right-of-way standards were removed from Transportation Element Policy 2.1.3.3. The policy was amended to state that minimum right-of-way standards as described in the Land Development Code shall be used by the County to implement the thoroughfare right-of-way protection plan. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE NO. 10-020 Evaluation and Appraisal Report Based Amendments to the Comprehensive Plan AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE TEXT OF THE COMPREHENSIVE PLAN IN ACCORDANCE WITH THE EVALUATION AND APPRAISAL BASED AMENDMENTS; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FL IDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLO DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN CTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the Florida Legislature intends that loca ping be a uous and ongoing process; and Aar WHEREAS, the Board of County CommisWrs has adopted the St. ie County Comprehensive Plan, Ordinance No. 90-01 on JIMWry 9, lgMnd WHEREAS, Section 163.3191, 1 amendments to ensure that the development; and WHEREAS, the Planning Agency has reviewed t advertised public he process, and rende WHEREAS, the Report Based , providin of Co governments to adopt needed Dlicy guidance for growth and as tMWesignated Local Planning ased Amendments, held an ided for rticipation by the public in the Board of County Commissioners; and is reviewed the Evaluation and Appraisal public hearing on June 1, 2010, while I approved transmittal to the Department Commissioners has reviewed and addressed the wed Objections, Recommendations and Comments it wrs :ised public hearing on October 19, 2010 while providing for n; and ORDAINED by the Board of County Commissioners of St. Lucie A. ADOPTION OF THE AMENDMENTS The Board of County Commissioners does hereby adopt the Evaluation and Appraisal Report Based Amendments to the St. Lucie County Comprehensive Plan, attached here as Exhibit A. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 B. CHANGES TO THE COMPREHENSIVE PLAN The Board of County Commissioners does hereby state its intention to amend the St. Lucie County Comprehensive Plan in accordance with the Evaluation and Appraisal Report Based Amendments. C. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to uni rated areas of St. Lucie County, County Ordinances and County Resolutions, or p ereof, in conflict with this Ordinance are hereby superseded by this Ordinance tot uch conflict. D. SEVERABILITY If any portion of this Ordinance is for any rec inoperative or void, such holding shall not aff4 this Ordinance or any provisions thereof sha property, or circumstances, such holding shall property or circumstance. ,`_ E. APPLICABILITY OF ORDI This Ordinance shall be a The Clerk is he Bureau of Laws, G field or declared to bd onstitutional, remaini ortions of th inance. If field t napplicable to y person, plicability to any other person, certified copy of this Ordinance to the Tallahassee, Florida, 32304. MUNITY AFFAIRS Services Director shall send a certified copy of this aCommunity Affairs, 2555 Shumard Oak Boulevard, This Ordinanc II effect thirty-one (31) days after adoption. If the Ordinance is challenged within 0) days after adoption, the Ordinance shall not be effective until the State Land Pla ng Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10), Florida Statutes. Ordinance No. 10-020 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2r 22 23 24 25 26 27 28 29 30 31 I. ADOPTION After motion and second, the vote on this Ordinance was as follows: Charles Grande, Chairman Doug Coward, Vice -Chair Chris Dzadovsky, Commissioner Chris Craft, Commissioner Paula Lewis, Commissioner PASSED AND DULY ADOPTED thi ATTEST: Deputy Cl day, F�m XXX COMMISSIONERS , FLORIDA Chairman ED AS TO FORM AND TNESS: County Attorney Ordinance No. 10-020 Page 3 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 Exhibit "A" EVALUATION AND APPRAISAL REP RT BASED AMENDMENTS Ordinance No. 10-020 Page 4 88- SCRIPPS TREASURE COAST NEWSPAPERS • WEDNESDAY, OCTOBER G, 2010 • SL d C � 3 Z = CLU 'L L W N a Z Z Ca •D L � J m al U v d N J C O N Qi a) C E CIO co r O 'C "d N N U Q cn 0 O fl- 00 Go O �yy K at$ NT N m N Z E o -p W p Q c co IN U MARTIN COUNTY shorts white sacks and tan stage community to watch or Silver Alert issued bafamliewasdesn'ibedas6 "If all women received compete Friday in "Min - for rilissing man feet tall and 165 pounds with regular screenings and ute To Wm It" games at the grey hair and blue eyes mammograms after turn- Mansion at Tuckahce at Authorities are looking The vehicle has the ing 40, the death rate Would Indian Riverside Park. for a senior citizen who license plate 636ITE. fall by another 20 to 30 Attendees also will be droveaway fromhisMartin Anyone with information percent" able to network, enjoy a cash Downs subdivision home is asked to contact Sheriff's bar, take tastitgs and mote unexpectedly Tuesday Detective Steve Franklin at NODE SOUND "Minute To Wm It at the afternoon (772) 220-7060. Lanes may be Closed Mansion," based on the George AndetsonTornm NBC game show "Minute 74, of the 23M block of STUART on Bascule Bridge To Wm It" will be from 5 to Southwest Bobalink Court, N' 's pink gloves On Monday, the Martin B pm. Friday Palm City: was supposed to County Capital Projects Register your team now go for a ride with his wife IilaTli anniversary Division will begin over- and take advantage of the about 12:30 p.m. Tuesday, October marks the 25th seeing major renovations special "week of" rare she told the Martin County year since the National to the Hobe Sound Bascule The two -person teats fee Sheriff's Office. Turner Breast Cancer Awareness Bridge to participate in the com- offered to back their 2000 Month was declared in 1985. As a result, it may be petition is S25 and includes dark green KmSportageom The VNA of Florida is necessary to intermittently participation in all the of the driveway while she celebrating this anniver- close travel lanes between 9 games, two raffle tickets was gettingrvady but drove nary by providing all nuts a.m. and 3:30 pm. and the chance IS takehome away before she stepped ing staff with pink exam Work should be Complete atrophy outside, she told deputies gloves during October: by NOV. 20. Admission is $5 for spec - His wife reported to law "These pink gloves that Motoristsareenmuraged tators and includes a raffle enforcement that he suffers our caregivers are wearing to use caution through this ticket bomdementiaanddiabetes are a visible reminder that area Networking and cocktail and does not have his medi- early detection and pre- hour begins at 5 pm and cation with him. He also is vention is key" said Kathy JENSEN BEACH games will start at 6 p.m. not familiar with the area, Frost, director of Profes- "Minute To Wm It' For more information or having moved here less atonal Servlces "Mammog- to register a team, call the than one year ago. raphy screening remains event set for Friday Mansion at Tuckahoe at Turner was last seen the single -most effective United for Families (772)2885737. wearing a yellow, black and method of detecting breast and Martin County Parks blue striped golf shirt, gray cancer in an early, treatabe and Recreation invite the Eywn .tear reports ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA October 19, 2010 NOTICE OF THE PROPOSED EVALUATION AND APPRAISAL REPORT -BASED AMENDMENTS TO THE COMPREHENSIVE PLAN The St. Laeia County Beard of Cmusp Ceenuselamm prapmm N usual Me adaptlen 06. hllewtp by wdinanea: ORDINANCE NO.10 29 AN ORDNANCE OF THE BOARD DF COUNTY COMMISSIONERS OF ST. LUCIE COUNT, FLORMA TO AMEND THE TEXT OF THE COMPREINNSWE POUF N ACCORDANCE WETU THE EVALUATION AND APPRAISAL BASSO AMENDMENTS; PROVIDING RWNGL PROVIONG FOR CONNECTING PROVISONS; PROVIDING FOR SEYERMUTr,, PROVIDING FOR APPLrABRJM. PROVIDING FOR RING WITH THE RDRMA BEFRUM 19T OF STATE; PROVIDING FOR RENG WITH THE NONDA DEPARTMENT OF COMMUNm AFFIUR$ PROVIDING FOR AN EFFECTNE DATE; AND PROVIDING FOR ADORION. APPLICANT: Bmrd of Caunry Cenniasi— St. Lurie Cmmy Purpesc Adoption hearing for the Eyaluama, and Appraisal Repon. Mead amendments to the St. Lucia Coumy Compremmive Nan. The Compremenalve Ran update (Zialty called 'EAR -based Comprehensive Pan Amendments') provides direction for land development, land preservation and is the basis to, toning regWa6ors. Lost year the Board of County Commissioners adopted the stah-required Evaluation act HOW IE Appraisal HOW of the St Lucie County Comprehensive Pan, which this Ronde Department of Community Affairs approved in January 2009. The EAR outines policy charges including addressing greenhouse gas reduction end green building practices. The greener Comprehemmye Plan parallels Me C.ntys recem'gdd level' cerahcation as ,'Green Local Goyemmem' through She Florida Green Building Coaition. The Comprehemsem Man YAN support the Grmnprbt Philosophy adopted by the Board of Courtly Commissioners which mollmes Me Coumy'a on or a .....inside hours. The pubic hearing on this item will be held Me Commission Chambers, Roger Rasmus Annex 3rd Floor, St Lucie County Vmimmm"' Guiding, 23M Virginia Avenue, Fort Pierce, Florida (Number 19. 20110, beginning m 6D0 P.M. or as soon marauder as moodle. NI 'mereshd persons will be given an opportunity m be hearth. Wmain commarms received in advance of the pubic hearing will also W considered. Writes comeHms n the Board of County Commessionem should be received by Me Penning and Development Services Depar0ment Planning Division at Isar 3 days prior to the schadeed hearing. The Fashion file is available for review at the Ranting and Development Services Deparmeno offices located et Los Virginia Avenue, 2M Hoor, Fort Pierce, Ronda, during regular business hours. Please call 772/462-2822 or TOD 772/462-1429 R you teve any questions or require additional imamation. The St Luck County Board It County Commissioners hasthe some— ' w act gram any applicators within Mae area of maponmbilsy. The proceedings of Me Board of County Commissioners a elern icalty raceuded. PURSUANT TO Aram 7B9MR Reri4 S, 0 a Para. decides M appeal a 9 decision made by Me Gourd of County Commissioners with re pert m any math, midered at a meaning or hearing, he or she Will need a record al Mep=d 9s. For such perpose, he or she may need to ensure that hmrbbm record plane proceedings is made, which record mdudes e Testimony, and evidence upon which the appeal is to he based. Upon Me request of any, pact M the proceeding, individuals testifying during a hearing will be swore in. Any Pact h the proceeding will be granted an opportunity to cross-ammene any individual testifying airing a hearing upon request It h becana, necessary, a pubic hearing may he continued from time to time as may be neceemryM a deals certain. Anyone with a disability requiring accommodatem, to emend this meting should cgma"e, St. Lucie Coumy Community Risk Manager 9 bast toM-sigm )MI hours prior h Me meeting at 17721162-1546 p T.D.D. (7T2H62-1425. Any quebom ahem IN. agenda may ae retained so St. Luck County Planning Division at 1772) 462-26R BOARD OF COUNTY COMMISSIONERS St. LUCIE COUNTY, ROReA A/ CHARLES GRANDE CHAIRMAN PUBLISH DATE: Ordnber 6.2010 —.. -. - Nos vo;n •Where can you go to get professional advice in such areas as VC •living, money, homes, health, instruction and senior services? Fe N Go to www.tcpaim.com and get your questions answered A N from a panel of local experts, including the following: Are you an expert? Contact Toot McCarty 772-409-1W tDnffmcarr 0,%-r0ps.c:om Ask a local expert @ TCPALMAII. FLORIDA'S TREASURE COAST AND PALM BEACHES Table 1-3 Land Use Designation/Zoning Compatibility Matrix -_indicates compatible land us zoning combination C - nd­icate� requirement for Conditional Use to insure compatibility St. Lucie County Comprehensive . Use Element l tF# n 7t °t,: *, # # # - s � 6 s f CONSERVATION ISSUES Natural Resources The following Future Land Use Element Data Inventory and Analysis requirements are provided in other Comprehensive Plan Elements as follows: • Infrastructure Wellfield Protection • Conservation Wetlands Topgography Soils Water Resources Flood Zones Commercially Valuable Minerals Greenhouse Gas Reduction Strategies • Coastal Management Dredge Spoil Sites Hazard Mitigation St. Lucie County Comprehensive Plan 1-11 Future Land Use Element EAR -based Amendments October 2010 [vwto i • a • i =• • .••�• • ilrc • i Historic Resources In December 2006, the St. Lucie County Historic Preservation Ordinance was passed by the Board of County Commissioners. The Ordinance is consistent with the general purpose goals, objectives, and policies of the Comprehensive Plan. The Ordinance includes definitions, and provisions for an Historic Preservation Trust Fund, Historic Preservation Officer, Historic Preservation Committee, and historic designation process and procedures. The Comprehensive Plan provides for a Historic future land use designation. The Bureau of Archaeological Research within the Florida Office of Cultural and Historic Preservation maintains the Florida Master Site File (MSF), a database that contains information on archaeological and historic resources in Florida. Map FLU-10 Historic Sites, identifies and locates the historic resources contained on the MSF. The Florida Department of Historic Resources has jurisdiction over historic and archaeological sites if there are human remains or if a state or federal permit is requested. If a private property owner develops or redevelops their property and their property is listed on the MSF, the state historic preservation officer should be contacted for guidance. Appendices 1A and 1B provide lists of sites located within unincorporated St. Lucie County on the Florida Master Site File. Sites on the National Register of Historic Places located within St. Lucie County include the following: • Arcade Building • Casa Caprona • Cresthaven • Old Fort Pierce City Hall • Fort Pierce Old Post Office • Frere Jules House • Captain Hammond House • Zora Neale Hurston House • Immokolee • Moore's Creek Bridge • St. Anastasia High School • St. Lucie High School • St. Lucie Historic District • Sunrise Theater • Ura de Lima Underwater Archaelogical Site (Shipwreck) (Source: National Park Service, National Register of Historic Places, 2009) Casa Caprona and the Captain Hammond House lie within unincorported St. Lucie County. Another significant historic resource not on the Florida Master Site File or National Register of Historic Places is the Zora Neale Hurston Dust Tracks Heritage Trail. St. Lucie County Comprehensive Plan 1-14 Future Land Use Element EAR -based Amendments October 2010 REDEVELOPMENT The County has not officially designated any areas as having conditions of slum and blight, but is continuing to monitor aging areas and implement needed programs and improvements. Economic Development This Comprehensive Plan includes an optional Economic Development Element as part of the County's overall vision for sustainability. In order to achieve its economic development goals, St. Lucie County has embraced two popular economic development tools, namely branding and cluster development. Along with Indian River and Martin County, St. Lucie County now promotes itself as part of Florida's Research Coast. This branding highlights the region's desire to shift its image from an agricultural and tourist based economy to an area that is invested in recruiting businesses that offer high -skilled, high -paying, long-term employment opportunities. Further St. Lucie County has created a Targeted Industry List which pinpoints the specific sectors it would like to see relocate to the area. This list is composed of manufacturing, research, and distribution sectors that complement each other and would encourage the creation of industry clusters. Cluster theory is based on the concept that businesses and research centers want to be located in close proximity to similar institutions so that they may take advantage of a skilled workforce, access to specialized higher learning institutions, and adjacency to specialized customers and suppliers. The County has demonstrated the cluster concept with the recruitment of three major life sciences institutes- Torrey Pines Institute, Mann Research Center and the Vaccine and Gene Therapy Institute. Treasure Coast Education, Research and Development Authority (TCERDA) In 2005, the St. Lucie Board of County Commissioners and the University of Florida collectively created this agriculturally-and-biotechnologically-focused Research Park in unincorporated St. Lucie County including renewable energy and alternative fuel companies. This Research Park is governed by the Treasure Coast Education, Research and Development Authority (TCERDA), pursuant to Florida Statute Section 159, Part V, and the enabling Resolution and Ordinance of the Board of County Commissioners of St. Lucie County, Florida. It is envisioned as a home to multi- disciplinary scientists, researchers and educators. The initial master plan calls for over 350 developed acres of buildings and wet labs to house research, development and educational institutions, businesses and incubators, with an additional 700 acres for agricultural fields and for future Research Park expansion. USDA's 170,000 square foot Horticultural Research Laboratory and the 90,000 square foot University of Florida's Institute of Food and Agricultural Sciences' Research and Education Center will anchor the TCERDA's Research Park. St. Lucie County Comprehensive Plan 1-15 Future Land Use Element EAR -based Amendments October 2010 GROWTH MANAGEMENT HISTORY The County's prior master plan, the Growth Management Policy Plan (GMPP), was adopted in 1981 in accordance with the Local Government Comprehensive Planning Act of 1975. That Plan provided a general guide for land use decisions in the unincorporated regions of the County. It recognized the importance of a mix of land uses and gave the County leverage, through its implementation, in determining the appropriateness of proposed land use activities on a case -by -case basis. The GMPP also set forth policies for a wide spectrum of environmental issues. Population growth in St. Lucie County was explosive in the early and mid-1980's. A fault of the Growth Management Policy Plan was that it failed to provide the flexibility that was necessary to meet the demands of a rapidly growing community. This shortcoming resulted in the necessity to constantly consider major amendments that cumulatively served to denigrate the effectiveness of the entire plan. The St. Lucie County Comprehensive Plan was first adopted in 1990, and it took the foundation laid by the County's original master plan (GMPP), and built upon it to meet the revised intent of Chapter 163.08, Florida Statutes. In doing so, the following issues and concerns were acknowledged and addressed: ■ Preservation, maintenance, and enhancement of the County's natural resources, including: o the Indian River Lagoon, o the North Fork of the St. Lucie River, o the Savannas, o the coastal barrier islands system, o isolated inland wetland systems, o aquifer recharge areas, o native upland habitat; • Increased pressure of western development migration; ■ Emergence of the 1-95/Florida Turnpike corridor as a major force in future development consideration; ■ Desire of the community to attract high -quality employers; and, ■ Efficiency in traffic circulation associated with providing residential areas near employment hubs. Evaluation and Appraisal Reports Pursuant to Section 163.3191, Florida Statutes, "each local government shall adopt an evaluation and appraisal report (EAR) once every seven years assessing the progress in implementing the local government's comprehensive plan." The report evaluates how successful a community has been in addressing major community land use planning St. Lucie County Comprehensive Plan 1-16 Future Land Use Element EAR -based Amendments October 2010 of property in the agricultural and suburban areas to higher intensity urban uses, while still keeping all development authorizations in line with the adopted levels of service within this plan. Policy 1.1.4.2 - Require that new development be designed and planned in a manner which does not place an URaRtiGipate � �conomic burden upon the services and facilities of St. Lucie County. Policy 1 1 4 3- Retain an urban service area boundary to restrict the negative impacts of a sprawling low density development pattern and the fiscal burden that pattern of development has on the ability of the community to meet its service needs. Policy 1.1.4.4 - Retain Towns Villages and Countryside (TVC) Element to develop North County areas along an urban -to -rural transect with a grid transportation network interconnected greenway network, and low impact development standards. Policy 1 1 4 5 - Develop standards for brownfields by December 2013 to provide for future brownfield site identification and redevelopment as urban infill projects. Policy 1 1 4 Z& Future land use map amendment applications that increase St. Lucie County Comprehensive Plan 1-27 Future Land Use Element EAR -based Amendments October 2010 Policy 1.1.5.42 8 - As provided for under Policy 1.1.5.2, construction of new residential development at densities greater than two units per acre shall only be permitted when central or on -site water and central or on -site wastewater systems are available or will be provided concurrent with the impacts of development, consistent with the adopted levels of service found in the plan. Policy 1.1.5.43-9 - Existing development will be required to connect to central water and sewer systems when such facilities are made available in accordance with applicable Rules and Regulations. Policy 1.1.5.44-10 - All new subdivision and site plan development projects that are proposed to take place within the approved service area of any duly authorized water/wastewater utility in St. Lucie County, shall be required to provide a "dry -line" central water and wastewater distribution/collection system, and provide for the connection to centralized systems as they become available. The standards for construction of these systems shall be included as a part of the County's Land DeYelGPM8Rt RegulatiGRrs Land Development Code. Policy 1.1.5.4 -11- Local utility services (i.e., electric substations, wastewater lift stations, telecommunication sites and other small scale utility service operations) necessary to provide for the utility service needs of the neighborhood area, may be approved without the need to amend the Future Land Use Element so long as the property on which the activity is to take place is less than ten acres in total area. Zoning compliance and review procedures are to be as described in the County's Land Development Code. Policy 1.1.5.13- Explore establishing minimum densities within the urban service boundary with an option for a lower density by purchasing units from the transfer of development rights program including a transfer of development rights bank by 2012. Policy 1.1.5.14 - Require that new development be designed and planned in a manner which does not place an unanticipated economic burden upon existing taxpayers, services and facilities of St. Lucie County. Objective 1.1.6: St. Lucie County shall require, through the County's' and Development Regulatie% Land Development Code, the protection of historically significant structures, facilities and locations within the unincorporated areas of the County, as identified by the State of Florida or the edefial[National} Register of Historic Places. Policy 1.1.6.1 - St. Lucie County shall continue, with the assistance of the State of Florida and the St. Lucie County Historical Commission, to identify significant St. Lucie County Comprehensive Plan 1-31 Future Land Use Element EAR -based Amendments October 2010 Policy 1.1.8.4-G-9 - Interchange development activities should not include commercial activities that are designed to service a small geographic market area. Local service activities should be located at points away from an interchange so as to avoid conflicts between regional and local traffic which can contribute to accelerated degradation of level of service in these areas. Policy 1.1.8.44-10 - Encourage the use of existing commercial and industrial designated lands within the urban service area, through requiring a strict demonstration of service availability, before authorizing Land Use and Zoning amendments in areas not presently indicated as having such a designation. Objective 1.1.9: Through enforcement of the County's Land Development Code, the County shall support criteria and standards for the protection/creation of native plant communities within the County. For the purpose of this plan, Native Plant Communities shall be preserved as defined in the Treasure Coast Regional Planning Council's Regional Policy Plan, Regional Policy 10.1.2.2., "...preserved in viable condition with intact ground cover, understory and canopy." Policy 1.1.9.1 - St. Lucie County shall include within its Regulatiens -Land Development Code criteria and standards for the protection and preservation of both wetland and upland habitat within one year of adoption of this element. The criteria to be included within the County's R8gWIatieas-Land Development Code shall be based upon, but not limited to, the following: a) Size of the property on which the development activity is to take place; b) The type quality and sensitivity of the native habitat including nesting and foraging locations found on site; c) Methodologies to be employed in protecting and preserving native habitat; d) The presence or occurrence of endangered or threatened species on site and methodologies to be employed to ensure their continuing presence on site or mitigation; e) The amount of similar habitat in a state of functional preserve within the same area; and, f) Requirements that all necessary environmental assessments be prepared by personnel having the appropriate expertise to make the necessary determinations which shall be submitted in writing to the Board of County Commissioners for review prior to their making a determination regarding any proposed development. Policy 1.1.9.2 - In conjunction with the implementation of Policy 1.1.9.1, the County shall, by dme-2004December 2012, feconsider the establish.m.&nt of an allowing fees in lieu of on -site preservation.-M;OR magAaW for the purpose of St. Lucie County Comprehensive Plan 1-36 Future Land Use Element EAR -based Amendments October 2010 Policy 1.1.9.3 - All development applications that include wetland habitat shall be consistent with all applicable Federal, State and County regulations and the goals, objectives and policies of the County's Comprehensive Plan. The most restrictive of these regulations shall be enforced. Policy 1.1.9.4 - Enforce Land Development Code to provide that existing on -site native upland habitat be incorporated into required site plans as a part of open space areas, required landscaping or as a part of minimum yard areas so that as much of the identified habitat as is practicable is maintained. Policy 1.1.9.5 - Enforce Land Development Code to protect trees and upland habitat by prohibiting the premature clearing of land and the concurrent destruction of native habitats with appropriate fines and mitigation. Policy 1.1.9.6 - St. Lucie County shall subject proposed development in areas designated Residential/Conservation (R/C) on the Future Land Use map to the following criteria prior to approval: 1. Residential development shall not exceed one (1) dwelling unit per five gross acres- 2. All development shall be subject to specific building restrictions as further specified in the County's Land Develepme+ g lat*G^s Land Development Code. 3. The clearing of native trees and ethernathue-understory, other than shall be prohibited, unless specifically permitted through the County's tree protection regulations. 4. The addition or expansion of structures that require development orders or building permits shall be considered on a case -by -case basis. 5. Any residential development proposal in excess of 40 acres, or involving more than eight units, shall be subject to the County's Planned Development regulations, including all standards of development identified within them, as set forth in the Land Development Code for St. Lucie County. Policy 1.1.9.7 - Enforce the Land Development Code to protect the :St. Lucie River, Five Mile Creek, and the Ten Mile Creek and the Indian River Lagoon. The Land Development Code shall define these water bodies geographically. St. Lucie County Comprehensive Plan 1-37 Future Land Use Element EAR -based Amendments October 2010 2. New Heavy Industrial property shall not be located within 1,000 feet of any Aquatic Preserve,, or -other specially designated aquatic habitat or a Category I Wetlands as described in Pell the Conservation Element of this Plan. 3. New Heavy Industrial property should not be located within the 100 year flood plain. 4. Heavy Industrial property should have available to it heavy rail services for the receipt and distribution of products. 5. Heavy Industrial property should have immediate access to the regional transportation network without the need to travel through residential areas. 6. New Heavy Industrial property should have a minimum lot area of ten acres. 7. New Heavy Industrial property should not be located within any cone of influence, as identified under the County's wellfield protection program. 8. Heavy Industrial development shall not contribute to the degradation of surficial water quality. Policy 1.1.11.3 - In addition to any other general standard for change in zoning as may be described in the County's Land DevelopmeRt Regulati Land Development Code, the following specific standards shall be incorporated into the Land Development Code for-sed—On determining the suitability of new property(s) for designation as Light Industrial under the County's Land Development Code: 1. Light Industrial property should have available to it central water services necessary for both domestic and fire protection purposes. 2. New Light Industrial property should not be located within 500 feet of any Aquatic Preserve or other specially designated aquatic habitat or a Category I Wetlands as described OR the Conservation Element of this Plan. 3. New Light Industrial areas should have immediate access to the regional transportation network. 4. New Light Industrial property should have a minimum lot size of one acre. 5. Light Industrial development shall not contribute to the degradation of surficial water quality. This language regarding Mining/ Industrial Extraction was previously in the Data Inventory and Analysis Section. Rempind sm OCA St. Lucie County Comprehensive Plan 1-40 Future Land Use Element EAR -based Amendments October 2010 Objective 1.1.12: Pursuant to the Land Development Code, all development orders and permits for future development and redevelopment activities shall be issued only if public facilities necessary to meet level of service standards (which are adopted as part of the Capital Improvements Element of this plan) are available concurrent with the impacts of the development. Policy 1.1.12.1 - Restrict higher densities and intensities of development to urban service areas, where public facilities are available. Policy 1.1.12.2 - Time the development of residential, commercial, and industrial land concurrently with provision of supporting community facilities, such as streets, utilities, police and fire protection service, emergency medical service, and public schools. Policy 1.1.12.3 - Permit only those proposed locations of public facilities which: a) maximize the efficiency of services provided; b) minimize their cost; and c) minimize their impacts on the natural environment. Policy 1.1.12.4 - Require that all development in areas not provided with central water and sewer services be governed by the provisions of Chapter 64-6, FAC., and the County's Land Development Code_ ., ., which regulates the installation of individual sewage disposal facilities. Policy 1.1.12.5 - Prior to the issuance of any final development order within the Urban Service Area, the County shall consider the proximity of the proposed development activity to the availability of urban and community services and facilities. Development which requires extending any of these services over or through significant distances of undeveloped land or land not already subject to the issuance of a final development order shall be discouraged until other lands that are more proximate to the existing services have been developed. Objective 1.1.13: The County shall continue to improve coordination with affected and appropriate governments and agencies to include their input into the development process and to mitigate potential adverse impacts of future development and redevelopment activities. Policy 1.1.13.1 - Coordinate requests for development orders or permits, as appropriate, with the City of Fort Pierce, Port St. Lucie, St. Lucie Village, adjacent counties, special districts, the Treasure Coast Regional Planning Council, the South Florida Water Management District and state and federal agencies. St. Lucie County Comprehensive Plan 141 Future Land Use Element EAR -based Amendments October 2010 Policy 1.2.2-.1.3: Support efforts to provide fixed route transit throughout the County, including light rail service. Policy 1.2.1.4- Explore the financial feasibility for ix in the St. Lucie County of adopting streetscape and develop design standards to promote pedestrian activity in development and redevelopment by December 2013. Policy 1.2.1.5 — The County shall consider i4xim0an in ft St. Lucie County XftItlr R»emets and coordinate with the St. Lucie TPO and MOT to implement the recommendations of the 2008 SLC Bicycle, Pedestrian, Greenways & Trails Study as it may be amended when funding is available Policy 1.2.1.6 — Complete the study on innovative transportation funding practices that discourage sprawl such as a mobility fee that charges all new developments with costs varying on location and vehicles miles traveled (VMT) per the Transportation Element by December 2011. Goal 1.3: Recognize and plan for unique areas within the unincorporated county. Objective 1.3.1: Identify areas which have common internal characteristics and require planning as contiguous areas. The Indrio Road corridor, Treasure Coast Education, Research Development Authority (TCERDA), western lands and other areas designated by the Board of County Commissioners. Policy 1.3.1.1 - Define the boundaries of appropriate planning areas. Policy 1.3.1.2 - Prioritize the identified planning areas for order of consideration. Policy 1.3.1.3 - Work with citizens of each area to identify issues and seek solutions which may include changes to local levels of service, available public services including roadways, future land use and zoning. Goal 1.4: Ensure through the Comprehensive Plan the development of energy efficient land use patterns and policies that reduce greenhouse gas emissions though innovative sustainable land planning tools which discourage urban sprawl, protect native habitat, reduced automobile use, and maintain open space. Objective 1.4.1 - Create a sustainable plan for the County's western lands that will preserve a functioninq network of agriculture, open space, and natural areas while Policy 1.4.1.1 - Explore techniques for preservation of agricultural and rural lands including additional action steps in the Committee for a Sustainable Treasure Coast —Final Report. St. Lucie County Comprehensive Plan 1-46 Future Land Use Element EAR -based Amendments October 2010 Policy 1.4.1.2 - Consider innovative partnerships between urban areas local and regional governmental entities, and rural landowners that take advantage of the services and benefits that rural lands can provide to urban areas and the region as a whole. Examples might include compensating rural landowners to support CERP, IRL South Plan, and research on biofuels. � r � �� rsi ,r - v r � Styr. r r - = • • • Y • - • - a • - er �<r: � t c� r r • - ro! r a �t r v ,,r a• �c' 4 Objective 1.4.2: Encourage green building standards in order to reduce greenhouse gas emissions. Policy 1.4.2.1 — In accordance with Section 255.2575, F.S. the County will conthue to construct all future County buildings to meet the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system or the Florida Green Building Coalition standards. Policy 1.4.2.2 — The County shall encourage the use of the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system or the Florida Green Building Coalition standards for both residential and commercial properties. By December 2012, the County shall explore incentives for use of green building standards in new development and redevelopment. Policy 1.4.2.3 — Ensure the comprehensive plan and Land Development Code do not prevent the construction of electric substations within the County Policy 1.4.2.4 —Review Land Development Code and consider appropriate standards for use of alternate, renewable sources of energy including the use of solar panels except in environmentally sensitive areas by 2012. St. Lucie County Comprehensive Plan 1-47 EAR -based Amendments Future Land Use Element October 2010 a ALT: =V-717= 1 f • a( wit Objective 1.4.3: Maintain St. Lucie County Greenprint and implement specific actions as part of the Florida Green Building Council's Green Local Government certification, including: Policy 1.4.3.1 - Utilizing Florida Friendly Landscaping TM standards, Integrated Pest Management principles, and Best Management Practices or similar/greater standard for all county owned and maintained properties. Policy 1.4.3.2 - Require all County facilities have recycling programs in place. Policy 1.4.3.3 - Adopting Environmentally Preferred Purchasing policies to the extent feasible. Policy 1.4.3.4 - Adopting green cleaning and green maintenance techniques such as those described by the Florida Department of Environmental Protection to the extent feasible. St. Lucie County Comprehensive Plan 1-48 EAR -based Amendments Future Land Use Element October 2010 Figure 2-3 MAP OF PORT OF FORT PIERCE PLANNING AND OPERATIONS AREAS L.�..! Paroats .Port- istanrttnp Area ElPort- Opa»tioos Area JJW1HTCEwrm Gnaw sr UMn FAU csMar rar Visual Pfan" Tbcmwf IVPT) MNa'.�arpe.MY:aaY wales data "Noetaa nnef Ms Si. LanN caunq C" 0*04. 62003 Rani• Assent Um"raffy St. Lucie County Comprehensive Plan 2-14 Transportation Element EAR -based Amendments October 2010 Polar 2.119 was moved to new O iective 21.21 L Policy 2.1.1.5 - Facilities currently operating at conditions below these —the adopted level of service standards shall be maintained at least at their current LOS through development order conditions for roadway improvements within the radius of influence of a proposed development. The radius of influence for a given development shall be further defined in the County's Land Development Code RegutatieRtraffic monitoring provisions. Policy 2.1.1.6 - Utilize the County's closed loop signal coordinated system to maintain the signal control for all roads for which St. Lucie County has operational, maintenance and jurisdictional responsibility. Policy 2.1.1.7 - The County recognizes that the Florida Intrastate Highway System (FIRS) and the Strategic Intermodal System (SIS), areis statewide transportation networks that provides for high-speed and high -volume traffic movements for interstate and regional commerce and other long distance trips. The system is intended to accommodate High -Occupancy Vehicles (HOVs), express bus transit and, in some corridors, passenger rail service, and as such should not be relied upon as a local circulator for trips of local origin or destination. Policy 2.1.1.8 - AsF9GG9RiZ9d *^ 120"G 2- .'.�, }The Florida Intrastate Highway System (FIHS) and the Strategic Intermodal System (SIS), shall not be relied upon as a local circulator for trips of local origin or destination within the urban service area of the county. Accordingly, the 203025 Transportation Plan, as contained in this Transportation Element, shall include the identification and development of alternative arterials/collectors within the urban service area of the County to redirect local traffic from having to use the Florida Intrastate Highway System (FINS) and Strategic Intermodal System (SIS). Objective 2.1.2A - Existing and future roadway deficiencies, based on standards established in this plan shall, be mitigated through a continuous roadway improvement program when feasible. The County shall support infill development and consider reducing asse€tabWevel of service standards on constrained roadways. Policy 2.1.2A.1 - Develop and implement a Transportation Improvement Program (TIP) that is consistent with the goals, objectives and policies of this plan. Update this plan annually in conjunction with review of the capital improvement budget. Policy 2.1.2A.2 - Review all proposed developments for consistency with the goals, objectives, and policies of this plan and require coordination of traffic circulation plans and improvements with land use, right-of-way and infrastructure plans before development approval. Traffic circulation plans shall include the mitigation of all potential project impacts on the roadway system. Policy 2.1.2A.3 - Review access driveways and new roadway connections associated with development to assure safety and compatibility with the existing and future roadway network. Impose requirements for conformity, as condition of St. Lucie County Comprehensive Plan 2-60 EAR -based Amendments Transportation Element October 2010 Facility Type Peak Hour/Peak Inside a Constrained Direction Transportation /Backlogged Concurrency Management Area' Facility 1. Transportation Concurrency Management Areas are geographically compact areas designated in local government comprehensive plans where intensive development exists or is planned in a manner that will ensure an adequate level of mobility and further the achievement of identified important state planning goals and policies, including discouraging the proliferation of urban sprawl, encouraging the revitalization of existing downtowns and designated redevelopment areas protecting natural resources, protecting historic resources, maximizing the efficient use of existing public facilities, and promoting public transit, bicycling, walking and other alternatives to the single occupant automobile. Transportation concurrency management areas may be established in a comprehensive plan in accordance with Rule 9J-5, Florida Administrative Code. 2. Maintain means continuing operating conditions at a level such that significant degradation does not occur based on conditions existing at the time of local government comprehensive plan adoption. For roadways in rural areas, transitioning urbanized areas, urban areas or communities, significant degradation means (1) an increase in average annual daily traffic volume of 5 percent below the speed, of the adopted LOS standard. For roadways in urbanized areas, for 100th highest hour of 5 percent below the speed, of the adopted LOS standard. For roadways in urbanized areas, for roadways parallel to exclusive transit facilities, or for intrastate roadways in transportation concurrency management areas, significant degradation means (1) an increase in average annual daily traffic volume of 10 percent above the maximum service volume, or (2) a reduction in operating speed for the peak directions in the 100th highest hour of 10 percent below the speed, of the adopted LOS standard. For other state roads in transportation concurrency management areas, significant degradation means that amount defined in the transportation mobility element. For constrained roadways meeting or exceeding the level of service standards, (maintain) does not apply until the roadway is operating below the applicable minimum level of service standard. NAnet available. 3. The County wishes to maintain a LOS D or better for all roadways but recognizes that allowing a LOS E allows development to proceed while a minimum of LOS D might cause severe constraints on private development. However, a LOS D will be utilized for these roadways when establishing transportation impact fees. is i" t — t E a -3a St. Lucie County Comprehensive Plan 2-62 EAR -based Amendments Transportation Element October 2010 C Policy 2.1.2A.79 - In coordination with FDOT, designate as constrained facilities those roadways in St. Lucie County which operate below acceptable levels of service and where capacity improvements are not feasible due to physical or policy barriers. Policy 2.1.21.84-9 - Allow no roadway link Tab'_ 24^ to operate at more than ten percent above the adopted levels of service standardsid'e^+;f;oa *^ PoliGy 2.1.2.T. When any County arterial or collector road or segment of such a road is determined to be operating one level of service below its adopted standard, the County shall exercise one of the following options: a. Enter into a contract that will result in the addition of capacity to the facility within six months of the determination that the facility is operating below its level of service standard, and delay issuance of development orders until the contract has been executed; b. Enter into an enforceable development agreement that specifies that new development will provide for the upgraded facility; C. Amend the plan to lower the level of service at the next opportunity; d. Not issue any development permits in the impacted area. The purpose of providing for the temporary operation below the adopted level of service is to provide a reasonable period of time to restore the level of service through appropriate improvements to roads that are forecast to operate at the adopted Level of Service, but which may unexpectedly operate at a St. Lucie County Comprehensive Plan 2-63 Transportation Element EAR -based Amendments October 2010 lower Level of Service. All development orders issued pursuant to this policy shall be conditioned on the attainment of the adopted Level of Service. However, this policy shall not impair the county's right to refuse to issue a development order pursuant to this policy if the Board of County Commissioners determines that the resultant lower level of service caused by the proposed development order would constitute a threat to public health or safety; or- e. Upon adoption of the mobility fee, the County may consider the elimination or re-evaluation of the Level of Service standards. Policy 2.1.2A.944 - In coordination with FDOT, designate roadways or roadways segments as backlogged or constrained facilities which operate at adopted levels of service standards as established i^ PGIiGy 2.1.2.7. If so designated by the County and the FDOT, the County and the FDOT shall develop a program that addresses how to eliminate the backlog or constraining circumstances associated with the particular roadway or roadway segment by December 2012. Policy 2.1.2A.10 — Continue utilizing tools such as Proportionate Fair Share and impact fees as further implemented in the Land Development Code until new tools such as a mobility fee are available to help shift the burden for funding and constructing roadway capacity improvements away from the taxpayers towards new development. Poticy 2.1.216.14 — In coordination with the St. Lucie TPO and other relevant Oblective agencies, consider modification of the County's transportation concurrence 2.1.28 was system, impact fee, structure LOS standards, Proportionate Fair Share, and previously adequate public facilities in the Land Development Code for the ability to Policy 2119. implement a mobility fee structure that develops the County mobility plan, encourages multi -modal planning, promotes infill development, discourages Policies sprawl, reduces the complexity of the current system, and strengthens the interlocal coordination of inter -jurisdictional impacts by December2011. 2.12.14 were Policy 2.1.2BA2 — The County shall consider implementing a mobility fee that renumbered. charges all new developments with costs varying on location and vehicles miles traveled NMT) by December 2011. Policy 2.1.28.5 was previously Policy 2.1.2.4 — The Cou levels of service, reduce single occupant automobile trips, reduce fossil fuel consumption and emissions, and reduce the need to fund, construct and St. Lucie County Comprehensive Plan 2-64 Transportation Element EAR -based Amendments October 2010 Objective 2.1.3: St. Lucie County shall maintain a thoroughfare right-of-way protection plan for the major roadway network based upon the Transportation Element and the Future Land Use Element of this plan. Policy 2.1.3.1 - Prohibit encroachment of development and required setbacks into established present and future rights -of -way and, within the law, require dedication of right-of-way through development orders issued by the County. Policy 2.1.3.2 - Review all proposed development plans for impact on the future land use plan and assess the capacity needs of each project as it relates to the thoroughfare right-of-way protection plan by requiring a traffic impact analysis, as further described in the County's Land Development Code, with proposed development applications. Policy 2.1.3.3 - The WayOlIn . vninimum Minimum right-of-way standards as descrUnd in Otte LarW Devellcunent Cod shall be used by the County to +e implement+Ag the thoroughfare right-of-way protection plan_ Ae Policy 2.1.3.4 - Roadways and roadway corridors shown on the thoroughfare right-of-way protection plan, excluding those that are part of the Florida Intrastate St. Lucie County Comprehensive Plan 2-65 Transportation Element EAR -based Amendments October 2010 Struck Policy larwuaee was moved to new Policy 2.1.28.5 Highway System (FINS), that are outside of the urban service area of the County shall not be widened or constructed until it is demonstrated to the County that the roadway construction is required to meet the development impacts of the area. Nothing in this Policy shall be construed or otherwise interpreted as to restrict or limit the ability of the County, the State or other lawful entity, to perform routine maintenance, rehabilitation or safety improvements to any roadways or roadway corridor located outside of the urban service area. Policy 2.1.3.5 - Review bi-annually the status of the thoroughfare right-of-way protection plan and submit any changes to that plan as necessary to address the mobility needs of the community. Goal 2.2: Establish an integrated transportation system consistent with future development of the county. Objective 2.2.1: Coordinate the transportation system with the future land use map or map series and ensure that existing and proposed population densities, housing and employment patterns, and land uses are consistent with the transportation modes and services proposed to serve these areas. Policy 2.2.1.1 - Include, within the Land Development Code, provisions for requiring an adequate number of motorized and bicycle on -site parking spaces for each new site development and provide for safe and efficient movement of vehicles and pedestrians within the site in conjunction with plan review and permitting. Policy 2.2.1.2 - Review on -site traffic flow to assure adequate circulation for motorized and non -motorized vehicles and pedestrians is provided. Require signage and roadway specifications that conform to the County's adopted standards. Policy 2.2.1.3 - The County shall, by claRwaFy 2092, continue to review its off- street parking standards to determine what modifications, if any, may be made to those standards that would effectively encourage the use of alternative transportation modes. Policy 2.2.1.4 - The County shall, within its Land DBYGIOPFRORt Regulatieps, Land Development Code, include incentives to encourage the use of reduced parking standards in areas of the County designated for Mixed and Planned Unit developments. St. Lucie County Comprehensive Plan 2-66 Transportation Element EAR -based Amendments October 2010 Policy 2.3.2.1 - Include within the Land Development Code design criteria and standards to be used in addressing the needs of bicyclists and pedestrians. Policy 2.3.2.2 - In coordination with the St. Lucie MROTPO, the City of Fort Pierce and the City of Port St. Lucie, a s#shall participate in ana-standiflg advisory committee by December 2012,that provides input and recommendations on the implementation and updates of a coordinated neerdieated bicycle and pedestrian transportation plan. The plan should provide access to major public and private facilities including parks, schools, beach accesses and major shopping facilities. Policy 2.3.2.3 - The County shall maintain an inventory all significant streets within the TWO area, with particular attention given to hazards, bottlenecks, and barriers to bicyclists. The County should implement the recommendations presented in the Bicycle and Pedestrian System Analysis Study when funding is made available. Policy 2.3.2.4 - The County shall continue to utilize , the bicycle and pedestrian accident recording program to identify road segments and intersections having frequent bicycle and pedestrian -related accidents. Policy 2.3.2.5 - Include within the Land Development Code by umber 2011 a requirement that all new development provide bicycle facilities and/or sidewalks along all major collector and arterial roadways within and adjacent to the proposed development project. Pedestrian facilities shall be required along all local streets as necessary to support the intensity and density of development. Policy 2.3.2.6 - Coordinate bicycle planning activities with other agencies associated with bicycle planning activities in Okeechobee, Martin and Indian River Counties including FDOT. Policy 2.3.1.7 - Motorized and non -motorized transportation needs shall be identified and addressed and met for each new development approval. Policy 2.3.1.8 - ,A the County shall sepsideF R4continue to implement the necessary Land Development Code amendments to require that all new land development activities include dedicated bicycle and pedestrian facilities on internal arterial and collector roadways. Pedestrian facilities shall be required along all local streets as necessary to support the intensity and density of development. Policy 2.3.2�.94 - Establish bicycle and pedestrian facilities in accordance with AASHTO guidelines around schools, with emphasis placed upon the area encompassing schools that are not serviced by the school bus system. Prioritization for the development of these facilities will be determined by the Board of County Commissioners and shall be based on the St. Lucie MTPO Bicycle and Pedestrian Plan. A schedule to complete the missing sidewalks shall be established by December 2013. St. Lucie County Comprehensive Plan 2-68 Transportation Element EAR -based Amendments October 2010 Policy 2.3.2-4.10 = Continue to P-provide, in association with all new road construction in the urban area, sidewalks along all arterials and collectors identified in the Comprehensive Plan. Policy 2.3.14.112 = Continue to Rprovide additional sidewalks, where necessary, to connect or complete either existing or proposed sidewalks in a manner that provides a complete pedestrian circulation system. Goal 2.4: Coordinate transportation -related issues with the plans and programs of the Florida Department of Transportation, the Treasure Coast Regional Planning Council, the St. Lucie TransportationMetfepG4taa-Planning Organization, Florida Department of Community Affairs, the Hutchinson Island Resource Management Plan, the City of Port St. Lucie, the City of Fort Pierce, adjacent municipalities, adjacent counties, and other private transportation -related agencies. Objective 2.4.21: The County shall coordinate and communicate with the agencies listed in Goal 2.4 regarding transportation activities and planned improvements which may have impacts within their respective jurisdiction and request comments as applicable. Policy 2.4.2-1.1 - The County shall maintain a mailing list to ensure that all interested agencies listed above are informed of transportation related activities and improvements via copies of correspondence. Policy 2.421.2 - As a part of the Capital Improvements Element update process, annually review transportation improvements planned for St. Lucie County indicating the agency responsible for the improvement and the estimated date of completion. Policy 2.4.1.4-3 - Review the existing Transportation Goals, Objectives, and Policies of other agencies when revising or altering Goals, Objectives, and Policies for St. Lucie County. Objective 2.4.3: St. Lucie County shall take actions necessary to preserve, maintain and enhance social, environmental and historic resources along the scenic corridor while minimizing any potential negative impacts on adjacent properties. The following roadways are designated scenic by the Florida Department of Transportation and so recognized by St. Lucie County for preservation of their intrinsic (historical, archeological, cultural, recreational, scenic and natural) resources: St. Lucie County Comprehensive Plan 2-69 Transportation Element EAR -based Amendments October 2010 HOUSING ELEMENT GOALS, OBJECTIVES AND POLICIES Goal 3.1: To provide guidance, based on accepted planning principles, for the provision of housing resources for all citizens through public/private cooperative arrangements. Objective 53.1.1: The County shall ensure the creation and/or preservation of affordable housing for all current and anticipated future residents of the jurisdiction, and households with special housing needs including rural and farmworker housing, workforce housing as well as adequate sites and distribution of housing for very -low-income, low-income and moderate -income households. Policy 53.1.1.1 - To provide sufficient land to meet the future housing needs, the Future Land Use Map has deSigRated 4,8658 aGF86 te aGGGFRFnedate 9,340 Policy 53.1.1.2 - The County shall continue to permit high density residential development in Planned Mixed Use Development projects. Policy 53.1.2-1.4-3 - In order to facilitate the location of new commercial and industrial enterprises especially high-tech industries, the county shall deslgRate dwellegmaintain sufficient housing un#& vh4G ►to will -encourage the relocation of new businesses. Policy 53.1.2-.21_4 - The County shall encourage t#�9-residential development of in the vicinity of new industrial and commercial development. Policy 3.1.2-41.5 Explore existing and new programs by 2013 to assist employers who desire to participate in making housing opportunities in reasonable proximity to the workplace. Objective 53.1.32: Q-'-� �4Ihe Land Development Code shall slear�-continue to define incentives to facilitate public and private sector corporation. St. Lucie County Comprehensive Plan 3-17 Housing Element EAR -based Amendments October 2010 Policy 2.6.1.6 — The County shall pursue transit funding sources through the South Florida Commuter Service, Florida Department of Transportation (FDOT), the Federal Transit Administration, and any additional sources outlined in the Regional Transit Development Plan by December 2013. Policy 2.6.1.7 - The County shall actively pursue federal funding and grants for transportation, transit, transportation demand management, transit oriented design, and other innovative strategies to reduce the need to fund, construct and maintain additional lane -miles of roadway capacity by December 2013. Policy 2.6.1.8 — The County shall consider improving amenities at bus stops when funding is made available to promote increase transit ridership. Objective 2.6.2: Provide, for the protection of future mass transit, rights -of -way and exclusive mass transit corridors. Policy 2.6.2.1 - As part of the Development Review process, review all future development plans for compatibility with transit plans in the Regional Transit Development Plan and identify those areas which have a high probability for being served by transit. Policy 2.6.2.2 - In coordination with the MTPO explore in which cases and what types of incentives could be provided to encourage the use of high occupancy vehicles and alternative modes of transportation during the planning of transportation system improvements. Policy 2.6.2.3 - When funding is made available, implement the recommendations developed in the St. Lucie park and ride study that Aanalyzed the need and locations for HOV lanes and park -and -ride lots, including right-of- way considerations for all new major arterials and limited -access roads to be constructed based on future land uses, projected population distribution and the potential impact of such facilities on the transportation network. Policy 2.6.2.4 - By JaF;uaFy , The County will continue to designate and provide protection for future public transportation corridors. These public transportation corridors shall be based upon the most recent Transit Development Plan (TDP) as approved by the St. Lucie Transportation Metrepel+tan-Organization . Policy 2.6.2.5 - By jaRuaFy 1, 2003, t. Lucie County will continue to consider a coordinated and consistent policy with the Future Land Use Element to encourage the concentration of land uses, including major generators and attractors such as shopping malls, in order to promote the use of public transportation along designated future public transportation corridors. Policy 2.6.2.6 - Continue to enforce land use, site and building design guidelines for development in future public transportation corridors to assure the accessibility of that new development to public transportation including.. Tthe safe and convenient location of future public transportation terminals, such as bus stops, with appropriate bicycle/pedestrian connections_, Will 199 these guideliR86. Objective 2.6.3: St. Lucie County shall support efforts to extend passenger rail service St. Lucie County Comprehensive Plan 2-72 Transportation Element EAR -based Amendments October 2010 HOUSING ELEMENT GOALS, OBJECTIVES AND POLICIES Goal 3.1: To provide guidance, based on accepted planning principles, for the provision of housing resources for all citizens through public/private cooperative arrangements. Objective 53.1.1: The County shall ensure the creation and/or preservation of affordable housing for all current and anticipated future residents of the jurisdiction, and households with special housing needs including rural and farmworker housing, workforce housing as well as adequate sites and distribution of housing for very -low-income, low-income and moderate -income households. The Geunty shall aGGOmmedate a FniniMuFn 8,775 2177 Policy 53.1.1.1 - To provide sufficient land to meet the future housing needs, the Future Land Use Map has designated 1,868 aGFe6 te aGGOMmedate 9,340 Policy 53.1.1.2 - The County shall continue to permit high density residential development in Planned Mixed Use Development projects. Policy 53.1.21.4-3 - In order to facilitate the location of new commercial and industrial enterprises especially high-tech industries, the county shall desigflate dwel"gmaintain sufficient housing Ito wall -encourage the relocation of new businesses. Policy 53.1.2:21_4 - The County shall encourage tipresidential development of in the vicinity of new industrial and commercial development. Policy 3.1.2-.31.5 Explore existing and new programs by 2013 to assist employers who desire to participate in making housing opportunities in reasonable proximity to the workplace. Objective 53.1.32: By-2403 4The Land Development Code shall Gleam -continue to define incentives to facilitate public and private sector corporation. St. Lucie County Comprehensive Plan 3-17 Housing Element EAR -based Amendments October 2010 eu Indian River County f D ]".Rd T jj C1 t 7 O i♦ c0 St Lucie Blvd h-s+ 1 p•Y Ot S Orange Ave, = r. e 5 Y � il- P N Y. 'i G o t0 Mldwey Rd o= i N Q-a N 'P a e 3 e0 '3 S 1 O ee YI Ivd St Luc �Wt' .. �a 0 4�D u Walt —RE • • FSQ N root st Lucie Broad a a Martin County N W-<�-E aurce : St. Lucie TPO, 2008 S Existing Number Legend Miles r' Q County Boundary Existing # of Lanes 0 2.5 5 of Lanes ,�I�,i, �orJanaSssaievc q,a •UNTY Municipalities �, 2 Lanes IC1 Map: TRN-1 '\. Streets 0—%i 4 Lanes 6 Lanes �� 8 Lanes Print Date : September, 2010 0 1 a Indian River County a� Indrlo Rd r) — L� n / 0 {�' D St Lucle Blvd ry•� � 4 � pt M Orange A- r x r•5 %� I Y • i 4 p� P. 9. � Y G 9 i c0 06 , Midway Rd v^ N O a P O o y •o° 3 eo C NO O 3 t '1:Y• W. � � v miY Iv �a 0 `JQ L Walton.Rd Port St Luc 1y:130y O { t ) 1 1 `l l a Martin County N W � E iurce Martin County MPO and St. Lucie TPO 2030 Regional LRTP, 2007 S Future Number Legend Miles et of Lanes (2030) O county Boundary Future # of Lanes 0 2.5 5 ities ^�2Lanes I „`Calm.GidJawS•1ssa�,lc.Vhu. • Municipal Map: TRN-2 Streets ^o 4 Lanes 0'\o 6 Lanes �� 8 Lanes Print Date : September, 2010 4 � \ 6 � t Indian River County Ind". Rd c, tea O I{oi m St Lucie Bivd ry d ?G . Se wY� Orange Ave, x S Y 7 d N P- 9. i 9 L L O LL7 •• G � M ldwey Rd d O a ^ •. P O 0 -. s�Le� �weeiena Im•vlsa� L� �a 0 a Pon stw11091vd t L vy Martin County yA�N/ W Y E S urce : St. Lucie TPO, 2008 S Existing Roadway Legend Miles �' .A_ - •ui Level Of Service = County Boundary Existing LOS D 0 2.5 5 C,d.t. Giovdom: 1n suc. Im Municipalities A E "` Map: TRN-4 .� �� B ''\.e F Streets GIS :�..,�.bm.�...., \r C Print Date : September, 2010 Future Roadway Legend Miles "�' _ 0 2.5 5 Level of Service County Boundary Future LOS D COUNTY I I �2�3�� 0 Municipalities A E L" Map : TRN-5 Streets C Print Date : September, 2010 HOUSING ELEMENT GOALS, OBJECTIVES AND POLICIES Goal 3.1: To provide guidance, based on accepted planning principles, for the provision of housing resources for all citizens through public/private cooperative arrangements. Objective 53.1.1: The County shall ensure the creation and/or preservation of affordable housing for all current and anticipated future residents of the jurisdiction, and households with special housinq needs including rural and farmworker housing, workforce housing as well as adequate sites and distribution of housing for very -low-income, low-income and moderate -income households. Policy a3.1.1.1 - To provide sufficient land to meet the future housing needs, the Future Land Use Map Policy 53.1.1.2 - The County shall continue to permit high density residential development in Planned Mixed Use Development projects. Policy 53.1.21.4-3 - In order to facilitate the location of new commercial and industrial enterprises especially high-tech industries, the county shall desigRate dweliiagmaintain sufficient housing uR#G- hishto w&encourage the relocation of new businesses. Policy 53.1.2-.21_4 - The County shall encourage the -residential development of in the vicinity of new industrial and commercial development. Policy 3.1.2-.31.5 Explore existing and new programs by 2013 to assist employers who desire to participate in making housing opportunities in reasonable proximity to the workplace. Objective 53.1.32: i y-2003 4The Land Development Code shall Gleam continue to define incentives to facilitate public and private sector corporation. St. Lucie County Comprehensive Plan 3-17 Housing Element EAR -based Amendments October 2010 Policy 53.2.2.3 - The Land Development Code shall not restrict the location of publicly assisted or low and moderate income based housing within single-family neighborhoods. Policy 53.2.2.4 - Rural and farm worker housing locational criteria shall be reviewed for incorporation into the Land Development Code by August one year according to these general guidelines: A. Rural and farm worker housing should be located near collectors or arterials leading to work sites, shopping and social services; B. It is recognized that rural and farm worker housing often will be dependent on onsite sanitary sewer and potable water supplies. Objective 53.2.3: The County will develop a comprehensive housing program to address substandard housing. Policy 53.2.3.1 - The County shall update and maintain the survey, which locates and assesses the substandard, dilapidated housing units in the County. Policy b3.2.3.2 - The Courity shalii cordlinue to lfincourage rehabilitation of S-;--,bstandafdsubstandard, dilapidated housing ftotob rehabWkWim ttts.-fie Policy 53.2.3.3 - The County will seek partnerships with cooperative neighborhood and civic groups to further the elimination of substandard dilapidated housing. Policy 53.2.3.4 - Demolition may be undertaken by a public agency, or nonprofit organization set up to meet the goals, objectives and policies of this Element. Policy 3.2.3.5- The County shall explore the feasibility of a community land trust and land banking guidelines for the purpose of providing workforce and affordable housing by December 2014. Policy 3.2.3.6- Explore forming a housing trust fund that will be a depository for any funds donated or received through other fees that would be dedicated to affordable housing needs by December 2015. Policy 3.2.3.7- The County shall consider creating public -private partnerships with private non-profit corporations for the provision of affordable and workforce housing. Objective 53.2.4: By AugustT28( , the County will establisf}shall maintain an Affordable Housing Advisory Committee , consisting of public- and private -sector representatives. This task-fefsecommittee will be assigned the task of identifying the housing needs of St. Lucie County for the existing and anticipated populations of St. Lucie County. St. Lucie County Comprehensive Plan 3-19 Housing Element EAR -based Amendments October 2010 Policy 53.2.6.2 - The Land Development Code shall provide provisions allowing a Class A mobile home to be located in any residential zoning district. Objective 3.2.7: The County shall support energy efficiency and the use of renewable energy resources in existing housing and in the design and construction of new housing. Policy 3.2.7.1 - The County shall encourage support for residential construction that meets the United States Green Buildinq Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system or the Florida Green Building Coalition standards Policy 3.2.7.2 - The County shall educate residents on home energy reduction strategies. Policy 3.2.7.3 - The County shall not prohibit the appropriate placement of photovoltaic panels. The County shall develop and adopt review criteria to establish the standards for the appropriate placement of photovoltaic panels. Policy 3.2.7.4 - The County shall provide educational materials on the strategic placement of landscape materials to reduce energy consumption. Policy 3.2.7.5 - The County shall ensure safety, aesthetics, and energy efficiency are considered in planning affordable housing projects. Policy 3.2.7.E — The County shall require in all rehabilitation and replacement projects use of green, energy efficient materials as appropriate. Policy 3.2.7.7 — The County shall include in affordable housing projects use of renewable energy resources to the fullest extent possible. Policy 3.2.7.8 — The County shall encourage water reuse including use of rain barrels by residents to reduce overall water usage. Policy 3.2.7.9 — The review of housing affordability shall include a review of energy efficiency and energy costs for homeowners. St. Lucie County Comprehensive Plan 3-22 Housing Element EAR -based Amendments October 2010 Goal I: Conserve, Protect and Restore Natural Resources; Goal II: Implement Sustainable Development and Building Standards; Goal III: Improve Community Transportation and Mobility; Goal IV: Support Energy Conservation and Clean Energy Alternatives; Goal V: Develop a Sustainable Green Economy Goal VI: Promote Sustainable Communities and Social Equity; Goal VII: Strengthen Green Government Policies and Practices Specific actions as part of FGBC's Green Local Government certification, including: • Establishing the U.S. Green Building Council (USGBC) Leadership in Energy Efficient Design (LEED), and the Florida Green Building Coalition (FGBC) standards as officially recognized `green' standards within the County; • Establishing policy to construct and renovate county buildings to USGBC or FGBC standards to the extent feasible; • Utilizing Florida Friendly LandscapingTM standards, Integrated Pest Management principles, and Best Management Practices or similar/greater standard for all county owned and maintained properties; • Requiring all county facilities have recycling programs in place; • Utilizing street design standards such as "Street Design Guidelines for Healthy Neighborhoods" as described by Walkable Communities Inc.; • Adopting Environmentally Preferred Purchasing policies to the extent feasible; and • Adopting green cleaning and green maintenance techniques such as those described by the Florida Department of Environmental Protection to the extent feasible. These practices and additional policies that enhance energy efficiency and reduced greenhouse gas emissions have been incorporated into the Future Land Use, Transportation, Conservation, and Housing Elements. in 2010, S. Lucie County was certifiedas a Florida Green Local Government (Gold Level). • . 7 • : •. •: • solarpanels in homesand businesses. St. Lucie County Comprehensive Plan 6-18 Conservation Element EAR -based Amendments October 2010 Objective 96.1.2: The County shall continue to enforce Fegulat;o-SLand Development Code which require the conservation, appropriate use, and protection of surface waters. Policy 96.1.2.1 - The County Land Development Code shall address comprehensive stormwater management including the following: a. The use of stormwater detention and/or retention; b. Stream bank and shoreline buffer zones; C. General design and construction standards for on -site stormwater management; d. Best Management Practices for urban and agricultural development; and e. Standards for new discharges to Outstanding Florida Waters. Policy 96.1.2.2 - St. Lucie County shall continue to hTqAenWA stonnwaier irnprovenumt projects corwWb rtt afar the Skxmvveteir MomMommit Pkm and apply for state and federal funding programs to supplement local programs in the implementation and construction of stormwater management projects. Policy 96.1.2.3 - St. Lucie County shall evaluate the use of the following mosquito control techniques during the development of the new stormwater regulations: a. Maintenance of any required littoral areas and upland buffers; b. A one -foot or other appropriate buffer between the bottom of stormwater ponds and the water table; and C. Fish ponds for use during low water periods. Policy 96.1.2.4 - St. Lucie County shall support the Indian River Lagoon (IRL) Surface Water Improvement and Management (SWIM) Plan, the Comprehensive Everglades Restoration Plan (CERP), the CERP IRL - South Projects, the IRL National Estuary Program Comprehensive Conservation and Management Plan, and any other Estate, IFfederal or regional projects designed to achieve request reductions of direct run-off nd stormwater pollutants to the surface waters within the County, as well as conservation of water resources. Policy 86.1.2.5 = Within one year of amending the Comprehensive Plan tThe Land Development Code stormwater management provisions shall be adopted to require a vegetated and functional littoral zone to be established as part of the surface water management system of upland water bodies occurring on development sites. Policy 96.1.2.6 - St. Lucie County shall encourage the preservation of natural scenic views of natural waterways through the site plan review process. St. Lucie County Comprehensive Plan 6-20 Conservation Element EAR -based Amendments October 2010 Policy 96.1.8.8 - St. Lucie County shall require the submission of an environmental impact report, which addresses concerns for habitat preservation and species protection for projects on parcels greater than ten acres, or that are located on the barrier island, the Atlantic Coastal Ridge, or -are adjacent to public conservation lands, or are otherwise considered Environmentally Sensitive Areas as defined in this Element. The County may provide a process ef#4e-for {s4the consideration of a waiver of this requirement, subject to meeting standards as may be described in the County's Land Development Code. Struck 7Policy$6.1.8.9 - language in original Policy s138GNBE; The County shall continue to identify native upland vegetative 8.1.8.9 was communities that could be considered high quality. The County shall provide for relocated to the protection, appropriate use and conservation of these areas based on criteria Policy which consider the administrative and fiscal constraints of the County. Potential 6.1.12.3. mechanisms shall include acquisition, restriction or prohibition of activities, and incentives to protect and maintain these areas. Policy 86.1.8.10 - Land use decisions shall consider the effects of development impacts on fish, wildlife and habitat and the cumulative impact of development and redevelopment upon wildlife habitat. In cases where Federal or State listed species Of SP913ial GQRG8FR are known to be present, a condition of development approval will be that a management plan be prepared by the applicant, and that it be approved by appropriate state and/or federal agencies be-cea leted-prior to initiation of developmentappreval. The Original Policy 8.1.8.13 was modified and added to Policy 6.1.12.6. Original Policy 8.1.8.14 was relocated and renumbered as Policy 6.1.12.11. am cable_ GlalBlSiftatien ef Ii6ted fish, In addition, this policy shall apply to any species or native habitat the Treasure Coast Regional Planning Council determines to be regionally rare, endangered or threatened with extinction. To ensure adequate protection, protected plants and animals, which cannot be provided with sufficient undisturbed habitat to maintain the existing population in a healthy, viable state on site, shall be effectively relocated in accordance with local, state and federal regulations and accepted best management practices. Policy 86.1.8.11 - The County shall continue to support the County Land Acquisition Selection Committee whose function is to utilize the 1992 Upland and Wetland Inventory and Federal, State, and local resources, to formulate a master acquisition list of lands having native upland habitat. The overall objective is to ensure the preservation of a minimum of 12,500 acres of the 1992 remaining native upland habitat, with the highest priority being those classified as endangered or threatened as well as those properties having habitats that are facing destruction as a result of urban development and which recognizes relationships to those areas of native habitat already under public and/or private preservation. St. Lucie County Comprehensive Plan 6-29 Conservation Element EAR -based Amendments October 2010 County Commissioners, or their designee, in a manner set forth in the Land Development Code. The standards for the granting of any waiver shall be set forth in the Land Development Code and shall be consistent with the general standards and intent of the Comprehensive Plan. Policy 86.1.14.5 - The County shall require a minimum 50-foot buffer between Category I or II wetlands and new development activity in order to protect water quality, preserve natural functions, and preserve wildlife habitat. The buffer, as measured landward from the approved jurisdictional line, shall be maintained in a natural vegetative state and be free of exotic and nuisance species as defined by the Florida Pest Council. Policy 96.1.14.6 - All new development on lots less than five acres and not containing a Category I or II wetland shall provide a minimum 25-foot buffer between the wetland jurisdictional line and the area of development. The buffer, as measured landward from the approved jurisdictional line, shall be maintained in a natural vegetative state and be free of exotic and nuisance species as defined by the Florida Pest Council. No development shall occur within the wetland buffer except as identified in 96.1.14.2. Policy 96.1.14.7 - St. Lucie County shall assess the specific and cumulative impacts of all proposed new development or redevelopment activities, including single family building permits, on all wetlands that may be located on the property in order to ensure that the natural functions of the wetlands are protected and conserved through the implementation of wetland protection standards which shall include consideration of the types, values, functions, sizes, conditions, and locations of wetlands. Policy 96.1.14.8 - Removal, encroachment, or alternation of Category III wetlands may be allowed with the extent of such activities being determined on a case -by -case basis in conjunction with applicable regulatory agencies and in the interest of public benefit. Objective 6.1.15. The Board of County Commissioners shall consider the Wetland Inventory and Evaluation Study exoscied W be conugeW by June 21311 designed to facilitate the development of policies and procedures to improve the protection of the existing wetlands in the County. Policy 6.1.15.1 - The Wetland Inventory and Evaluation Study shall at a minimum: a. Develop a GIS tool to assist County staff engaged in ongoing wetland management and evaluation of proposed impacts, b. Indentify, inventory and classify wetlands by the functions performed and describe the geographic extent of wetland classes: and c. Identify gaps in the existing federal, state and county regulatory mechanisms through which the County might lose certain types of wetland resources and functions. Policy 6.1.15.2 — Within one year after completion of the Wetland Inventory and Evaluation Study the County shall amend its Land Development Code to adopt wetland protection measures that will incorporate a classification system St. Lucie County Comprehensive Plan 6-39 Conservation Element EAR -based Amendments October 2010 Currently, the County is maintaining Level of Service (LOS) for Solid Waste facilities. See the St. Lucie Comprehensive Plan, Infrastructure Element. No projects affecting level of service have been scheduled. Parks and Recreation: The County is required to provide a minimum level of service of 5 acres of Community Parks for the unincorporated population, 2.5 acres of Regional Park land area for every 1,000 residents countywide, and 21.2 acres of Resource -based Parks per 1,000 residents countywide. Currently, the County has a deficit of Community Parks and Regional Parks. Many of the projects within the County's capital improvements program include the expansion of recreation opportunities at existing parks and recreational facilities. No projects affecting level of service have been scheduled. Schools. The St. Lucie School District provides for public school facilities in the County. School facility needs —as reflected within the schedule for the 5 year time frame —are consistent with the requirement to provide sufficient classroom and school site facility to maintain and achieve the 100% capacity level of service standard required for all schools, as determined by the Florida Department of Education. The capital projects shown in the schedule will provide the school facility capacity to meet current student enrollment projections for the 5 year window and is consistent with the St. Lucie County School District's 5-Year Work Program. The analysis of needs for school facilities were determined using a 100% capacity for all schools level of service standard required by the Florida Department of Education. This includes an analysis of current student enrollments at each school and a review of total facility classroom space district -wide divided by the number of students that attend schools within the district. '` Health Care Facilities The St. Lucie County Health Department provides individualized health care services to St. Lucie County residents at affordable rates. These services are provided by highly qualified and experienced family practice doctors, pediatricians, nurse practitioners, nurses, nutritionists, and case managers. They offer a wide range of health care services to the community including clinical services, health issue monitoring, and environmental health issues. The County has no financial oversight of the St. Lucie County Health Department. Category B Facilities Category B Public Facilities are libraries, corrections, courthouse, administration, mosquito control, and St. Lucie County International Airport as owned, operated or developed by St. Lucie County. Category B Public Facilities are not used for concurrency purposes as provided for in the Concurrency Management System. County Library: Two level of service standards area applied to evaluate the Level of Service provided by the library system. The first method is measuring the amount of library space at a Level of Service of 0.525 square feet per capita. The second method is measuring the book volume at a Level of Service of 1.45 books per capita. St. Lucie County's standards are therefore comparable, to other Treasure Coast communities. St. Lucie County Comprehensive Plan 9-4 Capital Improvements Element EAR -based Amendments October 2010 2011 5-6 Harmony Heights WM Improvements $1,500,000 Capital Budget 2011 5-7 Sunland Gardens WM Improvements $832,000 Capital Budget 2011 5-8 Jenkins Road and Peterson Road WM Improvements $1,820,000 Capital Budget 2011 5-9 Jenkins Road WM Improvements $139,000 CIC 2011 5-10 Wal-Mart Distribution Center $353,000 Capital Budget 2011 5-11 Selvitz Road WM Improvements $378,000 Capital Budget 2011 5-12 Edwards Road WM Improvements $504,000 CIC/Cap. Budget 2011 5-13 251h Street WM Improvements $378,000 CIC/Wrk Capital 2011 5-14 Martin Luther King Jr. Blvd. and US-1 WM $1,890,000 Capital Budget 2011 5-15 Indian River Drive WM Improvements $479,000 Capital Budget 2011 5-18 Midway Rd. WM Improvements $895,000 CIC/Cap. Budget 2011 5-19 US-1, Saeger Ave. and Easy Street WM Improv. $1,200,000 Capital Budget Total FPUA Water System 5-Year CIP: $16,315,000 Objective 449.1.2: Provide needed public facilities that are within the ability of the County to fund the facilities from County revenues, development's proportionate share and contributions and grants or gifts from other sources. Policy 449.1.2-4-1 - The estimated costs of all needed capital improvements shall not exceed conservative estimates of revenues from sources that are available to the County pursuant to or not precluded by current statutes, and which have not been rejected by referendum, if a referendum is required to enact a source of revenue. Policy 449.1.2-.3-2 - The County will allocate the costs of new public facilities on the basis of the benefits received by existing and future residents so that current residents will not subsidize new development. Policy 449.1.2.4.3 A. Future development. Future development shall pay for 100 percent of the St. Lucie County Comprehensive Plan 9-29 Capital Improvements Element EAR -based Amendments October 2010 0 N LL M o N LL N O ' N LL � I O N LL 0 O 0" 0= 0: O O (f� Oi 0 0 O; O' O O C N vil 0,, CD N 00 It N` LO O' It Oi M N 0 O' N; N N U-,LLU U- o O LL ~ � i oa U U U U U C C M m L O I O U U- U ZZ Q w L) wf wG a �W: LL D'. Z) cu w w w v Q 0 44 2 ' 2 _ ' W U 0l � U L) c p WW LLI a U U- a ?' 0- a" ,U 7 a 0 000 � ' � 00 0 6 co M 0 00€ 00 M'- a N �� NE v1 p U) c a N c d L c. a C) '3 c E 0 Q O 'a U d w O J � � W STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor MEMORANDUM TO: St Lucie County Date: August 1.6, 2010 THOMAS G PELHAM Secretary Subject: Proposed Comprehensive Plan Amendment Review Objections, Recommendations and Comments Reports Enclosed are the Departments Objection, Recommendations and Comments Reports on the proposed amendments to the comprehensive plan(s) from the following local government(s): St Lucie County 10-1 ER These reports are provided for your information and agency files. Following the adoption of the amendments by the local governments and subsequent compliance review to be conducted by this agency, we will forward copies of the Notices of Intent published by each local government plan. If you have any questions, please contact Mr. Ray Eubanks at Suncom 278-4925 or (850) 488-4925. RE/lp Enclosure 2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399-2100 850-488-8466 (p) ♦ 850-921-0781 (f) ♦ Webslte =-�,A -, _ • COMMUNITY PLANNING 850-488-2356 (p) 850-4883309 (f) • HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956 (p) 850-922-5623 (f) STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor August 13, 20 10 The Honorable Charles Grande, Chairman St. Lucie County, Board of County Commissioners 2300 Virginia Avenue Fort Perce, Florida 34982 Dear Commissioner Grande: THGMAS G PELHAM Secretary The Department of Community Affairs has completed its review of St. Lucie County's proposed Comprehensive Plan Amendment (DCA Number 10-1 ER), which was received on June 10, 2010. Copies of the proposed amendment have been distributed to appropriate state, regional, and local agencies for their review and their comments are enclosed. The Department has reviewed the comprehensive plan amendment for consistency with Rule 9J-5, Florida Administrative Code, and Chapter 163, Part 11, Florida Statutes. and has prepared the attached Objections, Recommendations, and Comments Report, which outlines our findings concerning the comprehensive plan amendment. The Department has identified 10 objections in the proposed amendments related to clarification of policies and objectives; insufficient polices addressing the reduction of greenhouse gas emissions, needs analysis, location of land uses and rehabilitating blighted areas; lack of data and analysis; and lack of required maps. My staff and 1 are available to assist the County in addressing the issues identified in our report. If you have any questions, please contact Laura Regalado, Planning Analyst, at (850) 921-3762. Sincergly, Mike McDaniel, Chief Office of Comprehensive Planning MM/Imr Enclosures: Objections, Recommendations and Comments Report Review Agency Comments cc: Mark Satterlee, AICP, Planning Director, St. Lucie County Michael Busha, AICP, Executive Director, Treasure Coast Regional Planning Council 2555_-SH_UM_ARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399-2100 850-488-8466 (p) ♦ 850-921-0781 (f) ♦ Website: www---dca--s-tate-.fl-trs • COMMUNITY PLANNING 850-4W2356 (p) 850486-3309 (f) • FLORIDA COMMUNITIES TRUST 850-922.2207 (p) 85P921-1747 (f) • HOUSING AND COMMUNITY DEVELOPMENT 850-688-7956 (p) 850-922-5623 (0 r DEPARTMENT OF COMMUNITY -AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR ST. LUCI.E COUNTY PROPOSED AMENDMENT 10-IER August 13, 2010 Division of Community Planning This report is prepared pursuant to Rule 9J-11.010, F.A.C. INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the St. Lucie County 10-IER proposed amendment to its Comprehensive Plan pursuant to s. 163.3184, Florida Statutes (F.S.). The objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Code (F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one or more of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. Each of these objections must be addressed by the County and corrected when the amendment is resubmitted for our compliance review. Objections that are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items, which the local government considers not applicable to its amendment. If that is the case, a statement justifying its non -applicability pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a determination on the non -applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments that follow the objections and recommendations section are advisory in nature. Comments will not form the basis of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended at the end of the Department's ORC Report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form the basis of Departmental objections unless they appear under the "Objections" heading in this report. 2 TRANSMITTAL PROCEDURES Upon receipt of this letter, St. Lucie County has 120 days in which to adopt, adopt with changes, or determine that the County will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, F. S., and Rule 9J- 11.011, F.A.C. The County must ensure that all ordinances adopting comprehensive plan amendments are consistent with the provisions of Chapter 163.3 1 89(2)(a), F.S. Within ten working days of the date of adoption, the County must submit the following to the Department: Three copies of the adopted comprehensive plan amendments; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Treasure Coast Regional Planning Council. Please be advised that Section 163.3184(8)(c), F.S., requires the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by law to furnish the names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event there are no citizens requesting this information, please inform us of this as well. For efficiency, we encourage that the information sheet be provided in electronic format. 9 OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT ST. LUCIE COUNTY PROPOSED COMPREHENSIVE PLAN AMENDMENT 10-IER I. Consistency with Chapter 163, F.S., and Rule 93-5, F.A.C. St. Lucie County proposed comprehensive plan amendments address issues raised in the County's Evaluation and Appraisal Report, address statuton changes, and update the goals, objectives and policies of the comprehensive plan. The Department has identified the following objections and comments to the proposed comprehensive plan amendments: Objection 1: Chapter 2008-191, Laws of Florida. (House Bill 697), amended Section 163.3177 F.S., to require local comprehensive plans to address energy efficient land use patterns, transportation strategies to address greenhouse gas reductions, energy conservation, and energy efficient housing. The proposed EAR -based amendments include the following new or revised objectives and policies: (a) New Future Land Use Element Objective 1.1.4 states that the County will "consider changes to the future land use plan based upon smart growth, energy efficient land use patterns and discouraging the proliferation of urban sprawl." The accompanying polices use terms such as "encourage" and do not include meaningful and predictable guidelines and standards for achieving "smart growth" and a reduction in greenhouse gas emissions or demonstrate how "energy efficient land use patterns" will be achieved. In addition, new Policy 1.1.4.6 to "monitor aging neighborhoods and encourage the redevelopment and renewal of blighted areas" does not include meaningful and predictable guidelines and standards for achieving neighborhood renewal. (b) New Future Land Use Element Objective 1.4.1 proposes the creation of a sustainable plan for the County's western lands. The objective is not supported with adequate policies to ensure that the plan will be achieved. New Policy 1.4.1.1 states that the County will "explore techniques for preservation of agriculture..." and new Policy 1.4.1.2 states that the County will "consider innovative partnerships between urban areas, local and regional governmental entities, and rural land owners..." The policies do not include meaningful and predictable guidelines and standards with action steps to ensure that the sustainable plan for the County's western lands will be developed and implemented. (c) New Future Land Use Objective 1.4.2 states "encourage green building standards in order to reduce greenhouse gas emissions." The objective does not identify the specific, measurable, intermediate end that is to be achieved through the policies. New Policy 1.4.2.2 states that the County will "encourage the use of green building standards...." and "explore incentives by 2012...". The policy does not provide meaningful and predictable guidelines and standards as to how the County will "encourage" the use of green building standards. (d) New Transportation Element Policy 2.1.1.9 states that the County shall "continue to reduce greenhouse gas emissions through promoting increased transit usage, bicycle and pedestrian facilities, and more efficient roadways." The policy does not provide meaningful and predictable guidelines and standards as to how the County will be "promoting" increased transit usage, increased bicycle and pedestrian facilities, and more efficient roadways. (e) New Housing Element Objective 3.2.7 states that the County shall "support energy efficiency and the use of renewable energy resources in existing housing and in the design and construction of new housing." The objective does not identify the specific, measurable, intermediate end that is to be achieved by the policies. The accompanying new polices use terms such as "encourage" and "to the fullest extent possible" and do not include meaningful and predictable guidelines and standards for achieving "energy efficiency" and "the use of renewable energy resources" in the County's housing. Authority.: Sections 163.3177(6)(a), (b), (d), (f)(1)h, and (j)10., F.S.; and Rules 9J-5.003(82) and (90); and 9 J-5.005(6). F.A.C. Recommendation: Revise the objectives to include the specific, measureable, intermediate end results that mark progress toward the goal. Revise the policies to include meaningful and predictable energy conservation and greenhouse gas emission strategies that will be applied to development. Policies should include meaningful and predictable standards that will result in compact, mixed use communities that contain a variety of housing types and prices, a variety of employment and shopping opportunities, and require a multi -modal transportation system that will result in reduced greenhouse gas emissions; require energy efficiency and the use of renewable energy resources in the construction of new homes as well as during redevelopment activities; and include strategies to address energy conservation. The policies should identify the guidelines and standards the County can apply immediately and include specific actions for implementing additional energy conservation measures that will take longer to implement. Objection 2: New Future Land Use Element Policy 1.1.4.7 allows an exemption from demonstrating a numerical population need if "the amendment enhances urban infill redevelopment projects or supply of affordable housing." The apparent intent of the policy is to encourage infill and affordable housing projects. However, the policy does not specify how the enhancements will be determined to encourage infill and affordable housing. In addition, the policy proposes to exempt residential development that encourages affordable housing and infill redevelopment from a needs analysis rather than including these development opportunities as part of a comprehensive needs analysis for the County. Authority: Section 163.3177(6)(a), F.S; and Rules 9J-5.003(90); 9J-5.005(6); and 9J-5.006(2), F.A.C. Recommendation: Revise the policy to delete the exemption from the needs analysis for Future Land Use Map amendments that propose infill development or affordable housing projects. Alternatively, include these development opportunities as part of a comprehensive needs analysis 5 for the County. Objection 3: New Future Land Use Policy 1.1.5.12 regarding the location of urban land use intensities within the urban service boundary is vague. The policy uses the words "encourage" and "discourage" regarding the location of land uses and the conservation of Agricultural lands and defers to the Land Development Code rather than providing meaningful and predictable guidelines in the policy for the location of land uses. Authority: Section 163.3177(6)(a), F.S.; and Rules 9J-5.003(90) and 9J-5.005(6), F.A.C. Recommendation: Revise Policy 1.1.5.12 to provide meaningful and predictable guidelines and standards regarding the location of urban land use intensities within the defined Urban Service Boundary as well as the preservation of Agricultural lands and suburban areas outside the Urban Service Boundary rather than deferring to the Land Development Code. Objection 4: New Future Land Use Element Policy I.1.11.4 regarding the Mining/Industrial Extraction land use designation relocates language from the data and analysis section to the goals, objectives, and policies of the comprehensive plan. The new policy states that "an extractive use designation may occur in any future land use designation- if five criteria are met. The criteria include "the extractive operation does not adversel% affect areas determined to be environmentally sensitive" and "the use is compatible with surrounding land uses." The policy does not provide meaningful and predictable guidelines for determining how adverse affects on environmentally sensitive lands will be determined or explain how compatibility with surrounding land uses will be determined. Allowing mining in all land use categories would have the effect of changing single -use land use categories into mixed -use land use categories. The County has not included the percentage distribution among the mix of uses allowed, or other objective measurement, and the density or intensity for each use. Furthermore, mining is not an identified use in the land use definitions of Agricultural, Conservation, Residential, Commercial, Industrial, and Public Buildings and Grounds included in Rule 9J-5.003, F.A.C. In addition, the policy would allow the Mining/industrial Extraction land use without requiring an amendment to the comprehensive plan. Allowing a change to the comprehensive plan in this manner is inconsistent with Section 163.3184, F.S. Authority: Sections 163.3177(6)(a) and 163.3184, F.S.; and Rules 9J-5.003(2), (21), (23), (28). (58), (90), (99), and (108); 9J-5.005(6); and 9J-5.006(3)(c)'_. and (4)(c) F.A.C. Recommendation: The County should not adopt Future Land Use Element Policy 1.1.11.4. Alternatively, the County could adopt the Mining/Industrial Extraction land use as a new land use category, which would require amending the comprehensive plan to include this new land use on the Future Land Use Map. The new category should provide meaningful and predictable guidelines and standards regarding the criteria for locating a Mining/Industrial Extraction land use designation. The category should include specific standards to be used to determine if the Mining/Industrial Extraction land use is compatible with surrounding land uses and guidelines that will be used to determine if the Mining/Industrial Extraction land use will cause an "adverse affect to environmentally sensitive areas." 6 Objection 5: Transportation Element Policy 2.1.2.6 identifies the transportation level of service standards for urban and non -urban roadways in St. Lucie County. However, the Policy and accompanying table incorrectly list Strategic Intermodal System (SIS) level of service standards. The SIS level of service standards as adopted by St. Lucie County must be consistent with those established by the Florida Department of Transportation as presented in Table 1. In addition to the SIS roadway facilities, the County has three other SIS facilities. These include the Intracoastal Waterway, the Florida East Coast (FEC) Mainline Rail Corridor, and an emerging SIS facility, the South Central Florida Express Railroad K Line that have not been identified in the comprehensive plan. 7 Table 1: SIS Facilities Level of Service Standards for St. Lucie County SIS Roadway Corridors Roadway Segment LOS Standard 1-95 Martin County Line to Gatlin Boulevard C 1-95 Gatlin Boulevard to S1,Lucie Boulevard C 1-95 SI,Lucie Boulevard to Midway Road C 1-95 Midway Road to SR 70/Okeechobee Road C 1-95 SR 70/Okeechobee Road to SR 68/Oran e Road D 1-95 SR 68/Oran e Road to SR 614/Indr10 Road D 1-95 SR 614/1ndrio Road to Indian River County Line C Florida's Turnpike Martin County Line to Becker Road C Florida's Turnpike Becker Road to Port St,Lucie Boulevard C Florida's TurnpikeI Port St,Lucie Boulevard to SR 70/0keechobee Road C Florida's Turnpike SR70/Okeechobee Road to Indian River Coun B SR70/Okeechobee Rd. 'Okeechobee Co. Line to Carlton Road B SR70/Okeechobee Rd. Carlton Road to McCarthv Road B SR70/Okeechobee Rd. McCarthyRoad to Florida's Turnpike B SR70/0keechobee Rd. Florida's Turnpike to 1-95 C Authority: Sections 163.3177(6)(a), (b), 0), and (10)(f); and 163.3180(10), F.S.; and Rules 9J- 5.0055(2)(c) and 9J-5.019(4)(c)I., F.A.C. Recommendation: Revise the Strategic Intermodal System (SIS) level of service standards for SIS roadways within the County listed in Transportation Element Policy 2.1.2.6 to be consistent with those established by the Florida Department of Transportation as presented in Table 1, above. Include the following three non -roadway SIS facilities in the comprehensive plan: the Intracoastal Waterway, the Florida East Coast (FEC) Mainline Rail Corridor, and the South Central Florida Express Railroad K Line. Objection 6: The supporting data and analysis provided by the County identifies 33 roadway segments on 11 roadway facilities that will exceed their adopted level of service standards and reflect a LOS F by the end of the long-range planning period, including SR 70110keechobee Road, a SIS facility. The data is also inconsistent with the Florida Department of Transportation data that indicates one segment of I-95, Gatlin Boulevard to St. Lucie Boulevard, is already failing, and all segments of I-95, a SIS facility, in the County are projected to fail by the end of the planning horizon. Additionally, with the severe decline in public revenues for transportation projects in recent years, project funding has slowed and SIS and other projects identified as cost feasible in Department and Metropolitan Planning Organization plans have been deferred. While the County has included Future Land Use Element Policies 1.2.1.4, 1.2.1.5, 1.2.1.6 and Transportation Element Policies 2.1.2.9, 2.1.2.11, 2.1.2.12, 2.1.2.13, 2.1.2.14, 2.6.1.6 and 2.6.1.7 regarding transportation solutions such as Traffic Demand Management and Mobility Fees and funding for transportation improvements, the policies use vague language such as "explore" and "consider" that do not provide meaningful and predictable guidelines to develop or implement the Traffic Demand Management program or the funding programs. Authority: Sections 163.3177(3), (6)(a), (b), and 0), F.S.; and Rules 9J-5.003(90); 9J-5.005(6); and 9J-5.016(3)(b)3., 5., and (c)1., F.A.C. 8 ___ Recommendation: Revise the data and analysis to be consistent with the Florida Department of Transportation data. Revise the existing policies or include new policies to provide meaningful and predictable guidelines to develop or implement a Traffic Demand Management program, Mobility fees, and other funding programs for transportation improvements that will be needed to achieve and maintain the County's adopted le -,el of service standards through the end of the long- range planning period. Objection 7: The Future Transportation Map TRN-2 that depicts the Future Number of Lanes for 2030 is not consistent with the adopted 2030 Regional Long Range Transportation Plan (RLRTP), jointly produced by the St. Lucie Transportation Planning Organization (TPO) and the Martin Metropolitan Planning Organization (MPO). For example one inconsistency is that the proposed Future Number of Lanes Map (2030) identifies Becker Road as a four lane facility with its western extent at 1-95, while the RLRTP shows the western extent for Becker Road at Range Line Road. Authority: Sections 163.3177(6)(a), (b), and 6), F.S; and Rule 9J-5.019(5)(b)2., F.A.C. Recommendation: Revise the Future Transportation Map TRN-2 that depicts the Future Number of Lanes for 2030 to be consistent with the adopted 2030 Regional Long Range Transportation Plan (RLRTP). Objection 8: The St. Lucie County International Airport Master Plan and the Port of Fort Pierce Master Plan have each been identified as sub -elements to the Comprehensive Plan. However, the maps identifying existing and future port facilities as required by Rule 9J-5.019(5)(a)4. and 5., F.A.C., and the maps identifying existing and future airport facilities including clear zones as required by Rule 9J-5.019(5)(a)6. and 7., F.A.C., have not been incorporated into the County's comprehensive plan and adopted as part of the future conditions map series. Authority: Sections 163.3177(6)(a), (b). and J), F.S; and Rules 9J-5.019(2)(a)4. and 5., and (5)(a)6. and 7., F.A.C. Recommendation: Revise the Future Transportation Map series to include a map identifying port facilities and a map identifying airport facilities including clear zones. Objection 9: Revised Housing Element Policy 3.2.3.2 states that the County will "encourage rehabilitation of substandard dilapidated housing to the extent feasible." The policy does not provide meaningful and predictable guidelines the County will use to ensure that substandard dilapidated housing will be rehabilitated. Authority: 163.3177(6)(a) and (f), and (10), F.S.; and Rules 9J-5.003(90); 9J-5.005(6); and 9J- 5.010(3)(b) 2, 5, and (c)4, F.A.0 Recommendation: Revise Housing Element Policy 3.2.3.2 to provide meaningful and predictable guidelines the County will undertake to ensure that substandard dilapidated housing is rehabilitated. 0 Objection 10: The information related to future school capacity projects on Future Land Use Element page 1-I I is outdated and is not consistent with the St. Lucie County School Board's approved 2009-10 through 2013-14 District Facilities Work Plan. authority: Sections 163.3177(3), (6)(a), (8), (10)(e), and (12), F.S.;.and Rules 9J-5.005(2) and 9J-5.025(2), F.A.C. Recommendation: Revise the future school capacity projects in the Future Land Use Element to be consistent with the St. Lucie County School Board's approved 2009-10 through 2013-14 District Facilities Work Plan. In addition, the school board will adopt a new District Facilities Work Plan, which will become effective October 1, 2010. If these amendments are adopted after the school board adopts the new District Facilities Work Plan, the County should revise the Public School Facilities Element for consistency with the District Facilities Work Plan. If the amendments are adopted before the school board adopts the new District Facilities Work Plan, the County should revise the Public School Facilities Element for consistency with the District Facilities Work Plan when the Capital Improvements Element is updated later this year. The County should also incorporate by reference (author, title, and date) the school district's data and analysis regarding public school facilities. Comments Comment 1: The current land use designation of the Future Land Use Element do not allow Water Management District regional water management projects in all land use designations within the County. The County should revise the plan to allow these projects in all land use designations. Comment 2: The County should revise Policy 1.1.9.2 in the Future Land Use Element to clarify the term "more environmentally beneficial". Comment 3: The Treasure Coast Regional Planning Council letter dated June 24, 2010 and the City of Port St. Lucie letter dated June 15, 2010 included the following comment: The County Map FLU-12 portrays the Urban Service Boundary in the County. The map indicates that areas that have recently been annexed into the City of Port St. Lucie are still within the County's Urban Service Boundary. The County should revise the map to indicate that these areas are being included within the City of Port St. Lucie Urban Service Boundary. Comment 4: Policy 2.4.3.1.C. states "The following policies of St. Lucie County's Comprehensive Plan are supportive of this scenic corridor and are hereby incorporated in this goal by reference." The policies are not listed. Comment 5: The County revised Polices 2.2.1.7, 2.3.1.1, 2.6.1.5, 2.6.1.8. 2.6.2.3 addressing bus stops, bus routes, pedestrian and bicycle facilities, and park and ride improvements to add the phrase "when funding is available." The policies do not include actions that will be undertaken by the County to obtain funding for these transportation improvements. Comment 6: St. Lucie County is a non -Dense Urban Land Area (DULA) county, but the City of Fort Pierce and the City of Port St. Lucie have been identified as DULAs. Local governments 10 designated as DULAs are required within two years to adopt land use and transportation strategies to support and fund mobility within the Transportation Concurrency Exception Areas, including alternative modes of transportation. The County should include a policy to wort: closely with the two cities to achieve coordinated multimodal planning and projects to address extra -jurisdictional transportation system impacts. Comment 7: Renumbered Policy 2.1.2.6 in the Transportation Element includes a table of minimum level of service standards for urban and non -urban roadways within the County. The table includes level of service standards that are to apply to roadways inside a transportation concurrency management area and constrained/backlogged facilities. As the County does not have a transportation concurrency management area or identified any constrained/backlogged facilities, the table should be revised to delete these level of service standards. Comment 8: The Florida Department of Transportation is currently developing an environmental assessment for passenger transit services along the South Florida East Coast (FEC) corridor; which is a designated SIS facility. The County should consider enhancing transit supportive policies in its comprehensive plan relative to this corridor, particularly the proposed Amtrak/intermodal center in downtown Fort Pierce. The policies should address land use, movement of people between the corridor, and destinations in the County, multimodal integration, and the quality of transit service to be delivered. Comment 9: Revised Objective 2.1.2. states the County shall "consider reducing acceptable level of service standards on constrained roadways." The County should delete the objective if there are no constrained roadways within the County and replace it with a new objective associated with the policies. If there are constrained roadways within the County, then the County should remove the word "acceptable" from the objective. Comment 10: The County should revise Policy 3.1.1.1 to replace the phrase "provide for a diverse housing stock" with the phrase "that allow a variety of housing types, affordabilities and densities", to be consistent with Goals 2.1 and 2.2 of the Strategic Regional Policy Plan. Comment 11: The County should not delete the language in Policy 6.1.2.2 that references implementing stormwater improvements projects consistent with the Stormwater Management Plan. Comment 12: Revised Policy 6.1.8.10 should be amended to clarify that the management plan required by applicants to address the cumulative impact of development or redevelopment on state or federal listed species must follow the Florida Fish and Wildlife Commission's recommendations for managing listed species habitat and the management plan should provide a mechanism to fund the management plan in perpetuity. Comment 13: Revise new Objective 6.1.15 of the Conservation Element to include a date when the Wetland Inventory and Evaluation Study will be completed. A new policy should be included to say that revised policies and procedures will be proposed, if needed, based on the Wetland Inventory and Evaluation Study. Comment 14: New'Policy 8.1.2.5 regarding the Regional Transit Development Plan for the Port St. Lucie Urbanized Area should be revised to include the Martin Metropolitan Planning Organization as one of the organizations that the County will coordinate with. Comment 15: According to the County, the Capital Improvements Plan (CIP) in the Capital Improvements Element will be updated through a separate plan amendment, once the budget has been finalized. All public facilities projects that will be implemented in the next five years to meet and achieve the adopted level of service standards for these public facilities must be included in the Five -Year Schedule of Capital improvements, including projects funded by developers. Funding sources for all projects in the Five -Year Schedule must also be identified. Executed development agreements for projects paid for by the developer need to be included in the Five - Year Schedule and roadway projects in the first three year of the Florida Department of Transportation's Five -Year Work Plan should also be listed in the County's Fi%e-Year Schedule in if the County intends to rely on these projects for concurrency. II. Consistency with Chapter 187, F.S. The proposed amendment is inconsistent with the following provisions of Chapter 187, F.S., the State Comprehensive Plan: Section 187.201(4), Housing, Policy (b)3: Increase the supply of safe, affordable, and sanitary housing for low-income and moderate -income persons and the elderly (Objection 9); Section 187.20](8), Coastal and Marine Resources, Policy (b)10: Give priority to water dependant uses (Objection 8); Section 187.20](10). Air Quality, Policies (b)l, 2, and 3: Protect air quality (Objection 1); Section 187.201(1 1), Energy, Policies (b)1-6: Reduce per capita energy consumption; improve energy efficiency of traffic flow; increase the efficient use of energy in design and operations of buildings, public utility systems, and other infrastructure (Objection I). Section 187.201(13), Mining, Policies (b)5 and 7; Protect environmentally sensitive areas and human health (Objection 4); Section 187.201(15), Land Use, Policies (b)l, 2, and 6: Promote state programs. investments, and development and redevelopment activities which encourage efficient development and occur in areas which will have the capacity to service new population and commerce (Objections 1, 2, 3, 4, and 9); Section 187.201(16), Urban and Downtown Revitalization, Policy (b)8: Coordinate and cooperate with the school board regarding educational facilities (Objection 10); Section 187.201(17), Public Facilities, Policies (b)3, 4, 5, 6, 7, and 9: Encourage local government self-sufficiency in providing public facilities; create partnerships among state government, local government, and the private sector to identify and build needed public facilities; encourage the 12 development and use of Capital Improvement plans, identify and use stale revenue resources which are also responsive to growth for financing public facilities (Objections 5, 6, and 10). Section 187,20](19). Transportation, Policies (b)3, 5, 8, and 9: Direct future transportation improvements to aid in the management of growth and develop a state transportation system that integrates highway, mass transit, and other transportation modes, and ensure that existing ports and airports are used to the maximum extent possible (Objections 5, 6, 7, and 8). Section 187.201(25) Plan Implementation, Policies (b) 1, 3, and 7: Ensure that local plans implement and accurately reflect state goals and policies and address problems, issues, and conditions that are of a particular concern in a region (All Objections). By addressing the concerns noted in Section I., these inconsistencies with Chapter 187, Florida Statutes, can be addressed. ITEM NO. VII-F DATE: 06/01 /10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X) LEG. (X) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton Wilson SUBMITTED BY: Planning and Development Services Senior Long Range Planner Department, Planning Division SUBJECT: Transmittal hearing for the Evaluation and Appraisal Report -Based Amendments of the Comprehensive Plan BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to transmit the Evaluation and Appraisal Report -Based Amendments of the Comprehensive Plan to the Department of Community Affairs. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) i County Surveyor Daniel S. McIntyre County Engineer (X) M! ERD Michael Powley Originating Dept. (X) OMB Mark Satterlee Purchasing ( ) Melissa Simberlund (X) �/W. . Ron Harris Kar n Smith Marie Gouin Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, PDS Direct FROM: Britton Wilson, Senior Long Range Planner Planning Division DATE: June 1, 2010 SUBJECT: Transmittal hearing for the Evaluation and Appraisal Report -Based Amendments of the Comprehensive Plan. ITEM No.: VII-F Background: Florida Statutes require local governments to adopt an Evaluation and Appraisal Report (EAR) once every seven years assessing progress in implementing their Comprehensive Plan. The EAR identifies how the Plan should be revised to better address community objectives, changing conditions and trends affecting the community and changes in state requirements. Counties are also required to amend their Comprehensive Plan based upon the EAR and submit EAR -based amendments to the Florida Department of Community Affairs (DCA). St. Lucie County adopted the EAR in October 2008 and the report was found sufficient by DCA in January 2009. Once approved it becomes incumbent upon the local government to enact changes included within the EAR. This process allows local governments to update their Comprehensive Plan to ensure it meets current community requirements. As information changes over time (population, funding sources, and infrastructure needs) it may be necessary to update data and analysis referenced in the Comprehensive Plan. As such, the County is adopting only the Goals, Objectives, and Policies by ordinance to allow the opportunity to accommodate needed updates in data and analysis as they occur. All revisions are contained within the draft document delivered to the Board of County Commissioners approximately three weeks prior to today's meeting. Along with the draft Comprehensive Plan Update, Commission members were provided a copy of a memo from Calvin Giordano & Associates, dated May 3, 2010, that summarizes the proposed changes, a memo from Michael Brillhart identifying County adopted economic development incentives and public comment documentation with responses from staff where appropriate. Previous Action: February 8, 2010 — A public workshop was held. February 15, 2010 — A public workshop was held. March 8, 2010 — A public workshop was held. March 18, 2010 — A workshop with the Planning & Zoning Commission/Local Planning Agency was held. April 15, 2010 — Public hearing with the Planning & Zoning Commission/Local Planning Agency was held and voted 5:2 in favor of recommending adoption of the proposed amendments to the Board of County Commissioners. May 25, 2010 — Board of County Commissioners informal meeting was held. Recommendation: Board approval to transmit the Evaluation and Appraisal Report -Based Amendments of the Comprehensive Plan to the Department of Community Affairs. Growth Management Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, PDS Direct FROM: Britton Wilson, Senior Long Range Planner, Planning Division A? - DATE: June 1, 2010 SUBJECT: Staff Report - Transmittal Hearing for the Evaluation and Appraisal Report Based Amendments to the Comprehensive Plan ITEM NO.: VII-F On March 18, 2010, the Planning and Zoning Commission acting as the Local Planning Agency (LPA) held a workshop on the proposed Evaluation and Appraisal Report Based Amendments to the St. Lucie County Comprehensive Plan. Staff presented a general overview of the proposed changes and gathered feedback from Board members, which are summarized below. Also during this workshop was an opportunity for the public to comment. Prior to the LPA workshop, the Planning & Development Services (PDS) Department hosted three public workshops, which provided for the collection of valuable input from St. Lucie County citizens. All comments and input from the public have been itemized in the attached matrix with responses from staff where appropriate. All material has been posted on the PDS website. On April 15, 2010, the LPA held a public hearing on the proposed amendments and voted 5:2 in favor of recommending transmittal to the Department of Community Affairs and final adoption by the Board of County Commissioners. During the workshop and public hearing, the LPA provided the input below. Concerns Provided by the Planning and Zoning Commission: • Vagueness in the language. • Open concept of definitions, which leads to staff, board and developer interpretation to differ. • Deletion of water bodies, river names and boundaries. • Island and Shoreline restorations. • Western Land sustainability. • Sidewalks in rural areas that lead to nowhere. • Imposing new requirements on the County (cost). • The requirement of Community Development Districts (CDDs). Suggestions Provided by the Planning and Zoning Commission: • Well-defined definitions and directions. • Provide provisions for Transfer of Development Rights (TDR). • Create a TDR bank to be used in the Urban Service Area rather than being forced to use only in Unincorporated Areas. • Enhance the availability of industrial, light industry and commercial areas. • Do not rely on construction (home building) as St. Lucie County industry. • Flexibility in all areas of the County especially TVC areas. • Creatively expand disaster preparation and supplies for developments and Mobile Home Communities. Environmental Resources Department Agenda Item Companion Report TO: Board of County Commissioners ` THROUGH: Karen L. Smith, Environmental Resources Department Director� FROM: Amy Griffin, Environmental Regulations and Lands Division Manager DATE: May 20, 2010 SUBJECT: Evaluation and Appraisal Report Based Amendments to the Comprehensive Plan o-.--lu - . .� Environmental Resources Department (ERD) has been working closely with Growth Management on the review of the Comprehensive Plan EAR Based Amendments. ERD's comments on the Comprehensive Plan EAR Based Amendments have been included in the attached staff report. ERD supports Growth Management's position to transmit the EAR Based Amendments of the Comprehensive Plan to the Department of Community Affairs. -1- Engineering Construction Engineering & Inspection Municipal Engineering Transportation Planning & Traffic Engineering Surveying & Mapping Planning Landscape Architecture & Environmental Services Construction Services Indoor Air Quality Data Technologies & Development 1 Boo Eller Drive, Suite 600 Fort Lauderdale, FL 33316 Phone: 954.921.7781 Fax: 954.921.8807 www,calvin-giordano.com Growth Management Director Britton Wilson, Senior Planner 7Rl0l1W ' Lorraine Tappen, AICP, Senior Planner .DATE: May 3, 2010 (Revised) _..'RE: Evaluation and Appraisal Report (EAR) Based Comprehensive Plan Amendments Background: Florida Statutes require local governments to adopt an Evaluation and Appraisal Report (EAR) once every seven years assessing progress in implementing their Comprehensive Plan. The EAR identifies how the Plan should be revised to better address community objectives, changing conditions and trends affecting the community and changes in state requirements. Counties are also required to amend their Comprehensive Plan based upon the EAR and submit EAR -based amendments to the Florida Department of Community Affairs (DCA). St. Lucie County adopted the EAR in October 2008 and the report was found sufficient by DCA in January 2009. Once approved it becomes incumbent upon the local government to enact changes included within the EAR. This process allows local governments to update their Comprehensive Plan to ensure it meets current community requirements. As information changes over time (population, funding sources, infrastructure needs, etc.), it may be necessary to update data and analysis referenced in the Comprehensive Plan. As such, the County is adopting only the Goals, Objectives, and Policies by ordinance to allow the opportunity to accommodate needed updates in data and analysis as they occur. All revisions are contained within the accompanying binder. The EAR -based Amendments were reviewed during public workshops in February and March 2010. Then in April 2010, the Planning and Zoning Commission, sitting as the Local Planning Agency, reviewed the EAR -based Amendments and recommended Board of County Commissioners transmit the amendments to the Florida Department of Community Affairs. If the Board approves transmittal of the amendments to DCA for formal review, DCA will issue an Objections, Recommendations, and Comments (ORC) Report which gives input potentially resulting in revisions to the proposed amendments. Once revised, the Board may consider adoption of the amendments in order to complete the EAR process. Fort Laudeniale West Palm Beach Orlando Fort Pierce Homestead May 2010 Page 2 Summary: EAR recommendations provide the basis for the EAR -based Amendments. The following provides a summary of significant sections of the Data Inventory and Analysis and significant changes to the Goals, Objectives, and Policies of each Comprehensive Plan Element. Additionally, the Elements were renumbered in some cases for better organization of the Comprehensive Plan document as a whole. Recommendations from the EAR are shown in italics with the corresponding amendment listed. Future Land Use Element 1) Address intensity standards for non-residential uses (a floor area ratio or a combination of floor area (in square feet) and height or number of floors). (See table in revised Policy 1.1.1.1 (p. 1-15)) 2) Incorporate new objectives, policies and data as required by 2008 legislation regarding greenhouse gas reduction strategies and energy -efficient land use patterns. (See new Objective 1.1.4 (p.1-23) and new Goal 1.4 and related objectives and policies (p. 1-43)). Also Policy 1.1.5.13 was added to explore minimum densities within urban service boundary. 3) Incorporate future revisions to the Airport Master Plan into the Comprehensive Plan. (rhe County adopted an ordinance in 2007 to include Airport Master Plan as sub - element of the Transportation element. No change was made for this recommendation.) 4) Incorporate the recommendations of the FAR 150 noise study into the Comprehensive Plan. (See new Policy 1.1.15.5 (p. 1-39)) 5) Revise the Land Development Regulations to update the Airport Overlay District and the section referencing the 1984 Clear Zone Plans, which are no longer applicable to the Airport. (See new Policy 1.1.15.7 regarding runway protection zones (p. 1-39)). 6) Determine best planning strategies for rural lands with DCA and with public participation as part of the EAR -based amendments process. Such efforts should include initiating the review of a transfer of development strategies and amendments to the Rural Land Stewardship program. (See new Objective 1.4.1 (p. 1-43). Also note that the County has initiated the Western Lands Study to determine the future of western lands. The Comprehensive Plan will be amended upon completion of the study.) 7) Explore other innovative techniques for preservation of agricultural and rural lands including additional action steps in the Committee for a Sustainable Treasure Coast — Final Report. (See new Policy 1.4.1.1 (p. 1-43)) 8) Consider innovative partnerships between urban areas, local and regional governmental entities, and rural landowners that take advantage of the services and benefits that rural lands can provide to urban areas and the region as a whole. Examples might include compensating rural landowners to support CERP, IRL South Plan, and research on biofuels. (See new Policy 1.4.1.2 (p. 1-43)) May 2010 Page 3 9) Incorporate new objectives and policies which specifically address incorporation of green development standards. (See new Objective 1.4.2 (p. 1-43)) Other Changes to the Future Land Use Element: 10) New Policy 1.1.1.2 was added to include the Future Land Use designations formerly in the Data Inventory and Analysis. The original language in Ag-5 and Ag-2.5 regarding activity on areas greater than 200 acres was revised to eliminate the requirement for creating a Community Development District. 11) Original Policy 1.1.4.3 was relocated and renumbered Policy 1.1.7.1 under Objective 1.1.7 regarding planned unit developments. 12) Policy 1.1.4.7 was added to state that Future land use map amendment applications that increase residential development must demonstrate a numerical population need unless the amendment enhances urban infill, redevelopment or affordable housing projects. 13) Original Policy 1.1.5.6 was struck as it duplicates policies in the Infrastructure and Transportation Elements. 14) Original Policy 1.1.5.10 was struck. The language is expressed in existing Policy 1.1.11.2. 15) Original Policy 1.1.5.11 struck. Policy 1.1.12.4 regulates on -site sew age in all types of development. Also removed incorrect reference to statutes. 16) Policy 1.1.9.7 was amended to allow the Land Development Code to define geographically the St. Lucie River, Five Mile Creek, Ten Mile Creek and the Indian River Lagoon to allow the County flexibility in redefining these water bodies in the future. 17) North Fork of the St. Lucie River - from the Martin County line to the confluence 18) New Policy 1.1.10.4 added to fulfill statutory requirement for coastal counties to preserve working waterfronts. 19) Language from the Data Inventory and Analysis regarding mining/industrial extraction was relocated to new Policy 1.1.11.4. 20) Figures for Mixed Use Development (MXD) areas were added at the end of the Future Land Use Element. MXD areas no longer lying within unincorporated St. Lucie County were removed. 21) Policy 1.1.15.5 and Policy 1.1.17.8 were added to meet 2009 statutory requirements for compatible land uses adjacent to airport. May 2010 Page 4 Transportation Element 1) Update all data in lnventory, Data and Analysis Section and the County's Concurrency Management System. (The Data Inventory and Analysis was completely updated in the EAR -based Amendments process.) 2) Review and consider revision of the Transportation Element's objectives and policies to better understand and evaluate the impacts of the current land use pattem on the transportation system. (The Goals, Objectives and Policies were thoroughly reviewed considering current land use conditions. Various minor modifications were made to encourage multimodal transportation and reduce automobile dependency.) 3) Include data, analysis and suggested improvements from the TVC area traffic study. (See Data Inventory and Analysis. (p. 2-36 and 2-50)) 4) Address 2008 legislation that requires Transportation Elements to address greenhouse gas reduction strategies. — (See new Data Inventory and Analysis (p. 2-22), revised Goal 2.1 (p.2-57) and new Policy 2.1.1.9 (p.2-58)) 5) Adopt level of service standards (LOS) designated by the Florida Department of Transportation (FDOT) for Florida Intrastate Highway System (FIHS) and Strategic Intermodal System (SIS). (See revised Policies 2.1.1.6, 2.1.1.7 (p. 2-58) and Policy 2.1.2.6 (p.2-59)) 6) Review adopted levels of service standards (LOS) for arterials and other classified roadways within the County to ensure they are consistent with the needs of the County and the ability to fund, construct and maintain these facilities. Moreover, these LOS standards should be reviewed with the understanding that the current single -occupant auto -oriented land use pattern upon which they are founded may be unsustainable. — (The Data Inventory and Analysis provides extensive information of current and future level of service standards and roadway performance. Also, see revised table in Policy 2.1.2.6 (p 2-59)) 7) Adopt Traffic Demand Management (TDM) measures and explore related land use alternatives reduce traffic congestion, improve levels of service reduce single occupant automobile trips, reduce fossil fuel consumption and emissions, and reduce the need to fund, construct and maintain additional lane -miles of roadway capacity within the County. See new Policy 2.1.2.14 (p. 2-62)) 8) Review and consider revision of the Transportation Element's objectives and policies to support the tools used by the County that help shift the burden for funding and constructing roadway capacity improvements away from taxpayers towards new development using Proportionate Fair Share, and impact fees as further implemented by the Land Development Code. — (See new Policy 2.1.2.10 (p.2-61)) 9) Include a policy to utilize TRIP funds where appropriate to finance projects with regional impacts. (See new Policy 2.1.2.13 (p. 2-62)) 10) Include policies requiring incorporation of Transit Oriented Development (TOD) guidelines into the Land Development Code. (See revised Policy 2.2.1.4 (p.2-63)) May 2010 Page 5 11) Consider including the results and recommendations from the 2030 LRTP and more fully participate with establishing and implementing the recommendations of the 2035 RLRTP. See revised Policy 2.2.2.1 (p 2-64)) 12) Add policies that guide the implementation and update of the November 2007 Bicycle, Pedestrian, Greenways & Trailways Master Plan. (See new Policy 2.3.1.1 (p. 2-65)) 13) Continue to work towards the implementation of St. Lucie TPO Bicycle and Pedestrian Plan. (See revised Policy 2.3.2.3 (p. 2-65)) 14) Include the policies for coordination on trails and greenways with the FDOT. (See revised Policy 2.3.2.6 (p.2-66)) 15) Include policies that support the Transit Development Plan (TDP) update such as: Pursue funding sources for transit through the South Florida Commuter Service, Florida Department of Transportation and Federal Transit Administration. (See policies related to Objective 2.6.1 (p. 2-68)) 16) Actively pursue federal funding and grants for transportation transit, travel demand management, transit oriented design, and other innovative strategies to reduce the need to fund, construct and maintain additional lane -miles of roadway capacity. (See new Policy 2.6.1.7 (p. 2-69)) Other Changes to the Transportation Element: 17) Added new Policy 2.2.17 regarding access management on major thoroughfares and near environmentally sensitive areas. Housing Element 1) Estimates of need for rural and farm worker households in the County should be revisited. (See Data Inventory and Analysis (p. 3-14)) 2) Develop a program to work with employers to utilize existing programs or develop specialized programs to assist employers who desire to participate in making housing in reasonable proximity to the workplace affordable and attainable. (See revised Policy 3.1.1.5 (p. 3-17)) 3) Review housing affordability based upon decreasing property values to ensure efficiency of the workforce and affordable housing delivery system. (See revised Policy 3.2.1.2 (p.3-18)) 4) Develop guidelines for an inclusionary housing program that will provide an incentive for private development to include a portion of residential units as certified affordable when feasible. (See new Policy 3.2.1.3 (p.1-18)) 5) Encourage rehabilitation rather than demolition, whenever feasible. (See revised Policy 3.2.3.2 p. 3-19) 6) Establish a Community Land Trust. (See new Policy 3.2.3.5 (p. 3-19)) May 2010 Page 6 7) Adopt Land Banking guidelines as deemed appropriate. (See new Policy 3.2.3.5 (p. 3- 19)) 8) Form a Housing Trust Fund that will be the depository for any funds donated or received for mitigation or other fees that are to be dedicated to meeting affordable housing needs. (See new Policy 3.2.3.6 (p. 3-19)) 9) Create public private partnership via formation of locally based private nonprofit housing development corporation. (See new Policy 3.2.3.7 (p. 3-19)) 10) Continue support for the Affordable Housing Advisory Committee. (Stated in Objective 3.2.4.1 and related policies (p.3-19)) 11) Include policies to ensure adequate sites for affordable workforce housing. (See revised Objective 3.1.1. (p. 3-17) and new Policy 3.2.5.2 regarding required workforce housing in the TVC (p.3-21) 12) Affordable housing should be constructed using green building practices. (See new Policy 3.2.7.5 (p.3-22)) Other Changes to the Housing Element: 13) Included information on foreclosures in the Data Inventory and Analysis. (p.3-2). 14) Added statutory requirements for Affordable Housing Advisory Committees to Policy 3.2.4.1. 15) Objective 3.2.7 and related policies were added meet statutory requirements for Housing Elements to include policies on energy efficiency. Infrastructure Element Potable Water Sub -element 1) Schedule an update to the Wellfield Protection Ordinance. (This recommendation was completed with amendments to the Potable Water Sub -element completed in conjunction with the Water Supply Facilities Work Plan adopted in 2008.) 2) Promote water conservation and encourage the use of reclaimed water. (This recommendation was completed with amendments to the Potable Water Sub -element completed in conjunction with the Water Supply Facilities Work Plan adopted in 2008.) Solid Waste Sub -Element 3) Recycle waste to the fullest extent possible and provide economic opportunities through recycling and reuse of the existing and future waste stream. (This recommendation was completed with the adoption of the amendments to the Solid Waste Sub -element in 2007.) May 2010 Page 7 Other Changes to the Infrastructure Element: 4) Added new Policies 4A1.1.3 and 4D.1.1.3 stating that no new water or sewer utility companies within the unincorporated areas of the County. 5) Added new Policies 4A.1.2.6 and 4D.1.2.5 stating new development in the unincorporated areas requiring utilities must obtain water or sewer utility service from 1. St. Lucie County Water and Sewer Utility District 2. Fort Pierce Utility Authority 3. City of Port St. Lucie Utility 6) Added new Policies 4A.3.2.2 and 4D.2.2.4 that impacts on potable water and sanitary sewer infrastructure shall be funded by the new customers in advance. 7) Policy 413.1.1.1 revised to reflect levels of service standards in County landfill capacity analyses. 8) Policy 4C.3.1.6 was added to state that the County shall evaluate the financial feasibility of incorporating of Low Impact Design (LID) stormwater management techniques in conjunction with South Florida Water Management and Florida Department of Environmental Protection criteria by December 2013. 9) Added level of service for FPUA wastewater service to Policy 4D.1.2.2. 10) Policy 4D.1.4.5 was added to state that the County shall coordinate with FDEP to encourage small package treatment plants to connect to a central sewer system when feasible. Coastal Management Element 1) As a part of the EAR -based amendment process the data section can be updated to reflect current information on marine turtle nesting activity, hurricane activity, beach erosion and nourishment programs. (See Data Inventory and Analysis (p. 54)) 2) As part of the EAR -based amendment process the Integration of the Local Mitigation Strategy into the Local Comprehensive Plan report should be reviewed in its entirety and the recommendations the County feels are most applicable and would balance community vulnerability against potential economic and social costs should be incorporated into the Comprehensive Plan. (See Data Inventory and Analysis, (p. 5-10)) 3) Incorporate policies to ensure the removal of invasive exotic vegetation on coastal systems with any development or redevelopment proposal as well as criteria to ensure appropriate re -vegetation and long-term exotic maintenance control. Stabilization measures for areas impacted by exotic removal should be included for the period before re -vegetation is established. (See new Policy 5.1.1.8 (p. 5-17)) 4) Incorporate a policy to establish a restoration program on public beach and dune lands for effective exotic vegetation control measures with viable replanting and maintenance plans. (See new Policy 5.1.5.9 (p. 5-23)) 5) Incorporation of a policy to identify that the County shall monitor the characteristics of the dune and other natural resource systems through the development review process and that any indications of changes shall be examined and current conservation May 2010 Page 8 management policies shall be refined as needed in order to remain responsive to evolving problems and issues. (See new Policy 5.1.1.8 (p. 5-17)) 6) Incorporate a policy to consider scientifically -based sea level rise data when planning long-term infrastructure and capital improvement activities, and in future land use decisions. (See new Policy 5.1.1.10 (p. 5-17)) 7) Incorporate a policy to consider and evaluate, when reviewing redevelopment applications, the feasibility of and whether any benefits may accrue through the removal/remediation of previously existing manmade alterations on the shorelines and dunes as part of the redevelopment project. (See new Policy 5.1.5.7 (p. 5-23)) 8) Incorporate a policy to indicate that the County shall support a program in coordination with the Local Mitigation Strategy committee to educate home and business owners on mitigation techniques for protecting their coastal structures. (See new Policy 5.2.1.7 (p. 5-26)) 9) Include a policy for post -disaster redevelopment. (See new Policies 5.2.4.10-13, (p. 5- 29-30)) Other Changes to the Coastal Management Element: 10) Added data regarding the CBRA zone and current County concerns. 11) Policy 5.1.1.7 updated to reflect statutory requirement for preservation of working waterfronts for commercial and recreational uses. 12) Policy 5.1.1.11 added to direct inappropriate future land uses away from the coastal planning area and ensure non -compliant uses are addressed. 13) Policy 5.1.2.4 updated to remove potential conflict with Land Development Code. 14) Policy 5.1.4.5 modified to reflect the limits of regulatory jurisdiction of the County. 15) Policy 5.2.1.1 updated to reflect the new statutory definition of Coastal High Hazard Area. 16) Policy 5.2.1.5 addressed limiting the type of uses and to directing population away from the CHHA. (The original policy is struck since it is a duplication of policy 7.4.1.1.) 17) Goal 7.5 and associated policies relating to the port are struck. The Port Sub -element provides goals, objectives and policies for the Port of Ft. Pierce. Conservation Element 1) Incorporate information on large water quality restoration projects into the data section of the Comprehensive Plan. (See the Data Inventory and Analysis section (p. 6-8-10)). May 2010 Page 9 2) Incorporation of updated data from the 2004 county -wide native habitat inventory. (This recommendation was re-evaluated during the EAR -based Amendments process. The inventory was an informal study and not inclusive of all native habitats. The Conservation Element does provide information on habitats in Table 6-3 (p. 6-11.)) 3) Include data on energy conservation as required in 2008 legislation for Conservation Elements. (See the Data Inventory (p. 6-16)). 4) Provide support and effective coordination with the SFWMD, ACOE and other applicable organizations to facilitate the development of the CERP Indian River Lagoon South Plan (IRL - South Plan) and the implementation of the Surface Water Improvement and Management (SWIM) initiative. (See new Policy 6.1.2.4 (p. 6-20)) 5) Ensure that surface water management systems be designed and operated consistent with state, federal, and regional standards and the County's adopted level of service. (See new Policy 6.1.2.14 (p.6-21)). 6) Support the County Mosquito Control District programs for reconnection, restoration and management of impoundment areas. (See new Policy 6.1.2.13 (p. 6-21)) 7) Incorporate policies to establish the base -line and benchmarks for future habitat protection goals. (Existing Objective 6.1.4 provides for no net loss of wetlands. (p. 6-22) New Policy 6.1.8.14 provides for protection of native upland vegetative communities (p.6-30.)) 8) Continue the acquisition of properties for the preservation and restoration of the IRL system. (See existing Objective 6.1.12 supported by revised Policy 6.12.3 (p. 6-33)) 9) Continue the acquisition, conservation and preservation of native habitats. (Several existing Objectives and policies provide continued acquisition of native habitats.) 10) Include objectives and policies to ensure continued compatibility of future land use designations. (Policy 6.12.13 (p. 6-35)) 11) Incorporate updated data on the status of threatened, endangered and species of special concern. (Appendix 6C provides a list of endangered species.) 12) Include policy to facilitate energy conservation in existing public buildings. (See Future Land Use Element Policy 1.4.2.1 (p. 1-43)). Other Changes to the Conservation Element: 13) Policy 6.1.1.4 has been replaced by policy supporting and implementing alternative transportation. (Original policy was a duplication of 6.1.1.3) 14) Policy 6.1.1.5 was replaced with greenhouse gas emissions reduction policy. (Original policy deleted to reflect deferment to jurisdictional authority of the FDEP) 15) Policy 6.1.2.12 added policy to support FDEP monitoring of Port activities as it relates to surface water quality. May 2010 Page 10 16) Policy 6.1.4.4 was revised to reflect the land development regulations regarding wetland buffers. 17) Policy 6.1.4.9 was amended to strike reference to "environmentally sensitive" due to uncertainty of definition and replaced with high quality/high functional value which is reflective of the adopted UMAM system to quantitatively evaluate wetlands. 18) Policy 6.1.4.10 and is now replaced with a wetland mitigation criteria policy. (Original policy addressing surface water was relocated to 6.1.2.15) 19) Policy 6.1.4.11 was amended to reflect setbacks from wetlands instead of from open water. 20) Policy 6.1.4.12 was revised to reflect the standardized procedure to assess the qualitative functionality of wetlands is determined through the application of the Uniform Mitigation Assessment Methodology (UMAM) adopted in Chapter 62-345 of the F.A.C. 21) Policy 6.1.6.6 was added policy to adopt regulations addressing BMP's for soil to meet 9J-5 requirements. 22) Objective 6.1.15 was added to state that the BOCC shall consider the Wetland Inventory and Evaluation Study initiated by the Environmental Resources Department to facilitate the development of policies and procedures to improve the protection of the existing wetlands in the County. 23) In some other cases, policies were relocated under Objectives based upon the subject area: wetlands, surface water, etc Recreation and Open Space Element 1) Review and revise definitions for neighborhood, community, and regional parks, as well as passive and active recreation. Florida's 2000 Statewide Comprehensive Outdoor Recreation Plan (SCORP) provides recommended standards and definitions. (A new parks classification system suggested by the Parks and Recreation Department has been added to the Data Inventory and Analysis (p. 7-1)) 2) Provide updated inventory and map when Comprehensive Plan is amended. (An updated inventory has been included in the Data Inventory and Analysis (p. 7-4). An updated map has been included in the map series (REC-1)) 3) These new classifications can be applied to an updated parks inventory, which will provide for a more appropriate LOS measurement. (The park classifications suggested by the Parks and Recreation Department were applied to the inventory. (p. 7-7)) 4) Incorporate the County's focus on regional parks and the feasibility of future regional parks. (See Policy 7.1.4.2 (p. 7-10)) 5) Create an interagency parks and recreation facility task force to maximize partnerships. (this EAR recommendation was reconsidered during the EAR -based Amendment process. It was determined that existing coordination mechanisms are in place for park facilities. No change was made based upon this recommendation.) May 2010 Page 11 6) Add policies that guide the implementation and update of the November 2007 Bicycle, Pedestrian, Greenways & Trailways Master Plan. (See new Policy 7.1.3.3. (p.7-9)) 7) Continue management plans for the purchase of ESLs, and plan for sustainable recreation opportunities. (See revised Objective 7.1.6 (p. 7-10)) Other Changes to the Recreation and Open Space Element: 8) The Regional Parks LOS in the April 2010 version was lowered to reduce the deficit in Regional Parks and align the need with the Parks Master Plan. 9) The level of service for Resource -based Parks was adjusted to ensure the level of service could be met through the long range planning timeframe without requiring additional acreage. Intergovernmental Coordination Element 1) Update Policy 10.1.10 to current joint planning issues between St. Lucie County and the municipalities. (See revised Policies 8.1.1.10, 8.1.1.11 and new Policy 8.1.1.12 (p. 8-12)) 2) Coordination with the regional policy plan. (See new Policy 8.1.1.13 (p. 8-12)) 3) Provide for opportunities to engage in agreements for transfer development rights with municipalities. (Policy 8.1.1.14 (p. 8-12)) 4) Recognition of campus master plans prepared pursuant to Section 240.155, F.S., and procedures for coordination of the provisions of the campus master development agreement. (See new Policy 8.1.2.9 (p.8-14)) 5) Include policy to ensure adoption of interiocal agreements within one year of adoption of the amended intergovernmental coordination element per 163.3177(6)(h)2. (The County maintains interlocal agreements with the municipalities and the St. Lucie School District. New Policy 8.1.3.6 (p.8-15) was added to highlight the interlocal agreement on school concurrency with the St. Lucie School District.) 6) Adopt a policy to involve the navigation and inlet districts and other appropriate state and federal agencies and the public in providing for or identifying dredge spoil disposal sites for the counties and municipalities in the coastal area with spoil disposal responsibilities. (See new Objective 8.1.6 and related policies (p. 8-15)) 7) Adopt a policy to resolve conflicts between a coastal local government and a public agency seeking a dredge spoil disposal site through the Coastal Resources Interagency Management Committee's dispute resolution process. (New Policy 8.1.6.2 was added (p. 8-16)) Capital Improvement Element 1) Incorporate timing requirements from 163.3180 regarding public facilities. (The timing requirements in existing Policy 9.1.4.3 (p.9-31) are more stringent and require for capital improvements to be installed earlier in the development process than statutory requirements. No change was made for this recommendation.) May 2010 Page 12 2) Ensure land development code regarding Adequate Public Facilities reflects new school concurrency requirements. (See Policy 9.1.1.14 (p. 9-20)) 3) Determine a level of service standard for Policies 11.1.1.24; 11.1.1.25; and 11.1.1.26. (See new Policy 9.1.15 (p. 9-20) regarding new Level of Service standards for Mosquito Control, and the Airport. No level of service was set for the Port.) 4) Establishment of a LOS standard for mass transit Policy 11.1.1.13. (The County is currently considering the Regional Transit Development Plan for the Port St. Lucie Urbanized Area Policy which provides seven alternatives for future transit. It is premature to set a level of service until implementation plans are in place. Policy 9.1.1.13 (p.9-20) was added to state that the County shall consider the financial feasibility of setting a mass transit level of service by December 2014.) 5) Include a schedule to provide for the annual update of the CIE. (See new Policy 9.3.5 (p. 9-30)) 6) Consider the feasibility of creating and implementing a concurrency and capacity database. (See new Policy 9.1.4.12 (p. 9-37)) Other Changes to the Capital Improvement Element: 7) Added schools to Category A Public Facilities in Policy 9.1.2. Also, public facility categories were consolidated into two categories: Category A for public facilities considered in concurrency reviews and Category B for public facilities not considered in concurrency reviews, but essential to economic development and quality of life in St. Lucie County. 8) New Policy 9.1.1.17 was added to state that the County shall explore the financial feasibility of preparing a Library Master Plan by December 2014 to determine County library needs and funding sources. 9) New Policy 9.1.1.18 was added to state that the County shall maintain the provision of Administrative and Maintenance space as the county grows. Because Administrative and Maintenance Space is not related to concurrency reviews, the numerical level of service was struck. 10) Policy 9.1.2.10 regarding debt policy was added to meet Florida Administrative Code requirements for Capital Improvement Elements. 11) Original Policies 11.1.3.5. through 11.1.3.7 were relocated under Objective 9.1.4 regarding the timing of capital improvements. Economic Development Element 1) Create a policy to provide a target ratio for jobs✓housing balance. (See new Policy 10.1.1.7 which states that the County will monitor jobs/housing balance. (p. 10-13)) 2) Provide for the identification of desired sites consistent with the County's growth management and land use strategies for each targeted industry as well as for other May 2010 Page 13 desired contributory business users with the potential for significant employment. (Policy 10.2.1.3 amended for this recommendation p. 10-13)) 3) Coordinate with local and regional job creation and retention efforts that support and improve job skills. (See new 10.1.1.6 (p.10-13) and Policy 10.2.1.8 regarding participation in the Research Coast marketing efforts (p. 10-14)) 4) Monitor business creation including for profit status, which cluster the business supports, salaries, number of employees, and related higher learning programs needed to support the business. Create timeline to establish the database(s). (See new Policy 10.2.2.4 (p.10-14)) 5) Monitor existing businesses including for -profit status, which cluster the business supports, salaries, number of employees, and related higher learning programs needed to support the business. Create timeline to establish the database(s). (See new Policy 10.2.2.4 (p.10-14)) 6) Create GIS database tracking clusters by examining the location of related businesses. (See new Policy 10.2.2.4 (p.10-14)) 7) Continue to monitor the particular incentives that were utilized for business recruitment and track the long-term financial value of the incentives. (See Policy 10.2.2.4 (p. 10-14)) 8) Continue to monitor new and existing businesses recruitment of employees from local colleges and universities. (See Policy 10.2.2.4 (p. 10-14)) 9) Promote and identify internships and training for green sector jobs. (See Policy 10.2.3.5 (p. 10-15)) 10) Continue to establish grant opportunities for the sustainable re -use of agriculture land. Find a means of achieving continued bone fide agriculture operations through innovative land use alternatives such as TDRs and cultivation of alternative energy forms. (Policy 10.3.1.5 (p. 10-16)) 11) Promote the expansion of eco-tourism by encouraging existing and new hotels to participate in the Florida Green Lodging Program. (See new Policy 10.4.1.4 (p. 10-16)) 12) Monitor the origination of international tourists, to determine in which areas marketing should be focused. (See Policy 10.4.2.9 (p.10-17)) 13) Continue to provide incentives for economic development such as expedited review of development applications and impact fee waivers. Set timeline for the creation of an expedited application review program and interagency point person. (Policy 10.5.1.3 amended for this recommendation. (p.10-17) 14) Promote the expansion of commercial service at the airport. Create specific timelines to achieve the various components of this goal. (See Policy 10.6.1.5 (p.10-18)) 15) Identify need to coordinate educational programs and economic development policy with Growth Management (This recommendation was reevaluated during the EAR - based Amendment process. St. Lucie County Administration will coordinate economic development.) 0 ITEM NO. VII-F DATE: 06/01 /10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X ) LEG. (X ) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: /i� Britton Wilson SUBMITTED BY: Planning and Development Services Senior Long Range Planner Department, Planning Division SUBJECT: Transmittal hearing for the Evaluation and Appraisal Report -Based Amendments of the Comprehensive Plan BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to transmit the Evaluation and Appraisal Report -Based Amendments of the Comprehensive Plan to the Department of Community Affairs. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator County Attorney (X) Coordination/Signatures t County Surveyor (X) Daniel S. McIntyre (( Ron Harris County Engineer (X) ,"IJ ERD ( ) Michael Powley Kar n Smith Azd Originating Dept. ( ) �J OMB ( ) Mark Satterlee Marie Gouin Purchasing ( ) Melissa Simberlund Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, PDS Direct FROM: Britton Wilson, Senior Long Range Planner Planning Division DATE: June 1, 2010 SUBJECT: Transmittal hearing for the Evaluation and Appraisal Report -Based Amendments of the Comprehensive Plan. ITEM No.: VII-F Backaround: Florida Statutes require local governments to adopt an Evaluation and Appraisal Report (EAR) once every seven years assessing progress in implementing their Comprehensive Plan. The EAR identifies how the Plan should be revised to better address community objectives, changing conditions and trends affecting the community and changes in state requirements. Counties are also required to amend their Comprehensive Plan based upon the EAR and submit EAR -based amendments to the Florida Department of Community Affairs (DCA). St. Lucie County adopted the EAR in October 2008 and the report was found sufficient by DCA in January 2009. Once approved it becomes incumbent upon the local government to enact changes included within the EAR. This process allows local governments to update their Comprehensive Plan to ensure it meets current community requirements. As information changes over time (population, funding sources, and infrastructure needs) it may be necessary to update data and analysis referenced in the Comprehensive Plan. As such, the County is adopting only the Goals, Objectives, and Policies by ordinance to allow the opportunity to accommodate needed updates in data and analysis as they occur. All revisions are contained within the draft document delivered to the Board of County Commissioners approximately three weeks prior to today's meeting. Along with the draft Comprehensive Plan Update, Commission members were provided a copy of a memo from Calvin Giordano & Associates, dated May 3, 2010, that summarizes the proposed changes, a memo from Michael Brillhart identifying County adopted economic development incentives and public comment documentation with responses from staff where appropriate. Previous Action: February 8, 2010 — A public workshop was held. February 15, 2010 — A public workshop was held. March 8, 2010 — A public workshop was held. March 18, 2010—A workshop with the Planning & Zoning Commission/Local Planning Agency was held. April 15, 2010 — Public hearing with the Planning & Zoning Commission/Local Planning Agency was held and voted 5:2 in favor of recommending adoption of the proposed amendments to the Board of County Commissioners. May 25, 2010 — Board of County Commissioners informal meeting was held. Recommendation: Board approval to transmit the Evaluation and Appraisal Report -Based Amendments of the Comprehensive Plan to the Department of Community Affairs. Growth Management Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, PDS Direct FROM: Britton Wilson, Senior Long Range Planner, Planning Division A? - DATE: June 1, 2010 SUBJECT: Staff Report - Transmittal Hearing for the Evaluation and Appraisal Report Based Amendments to the Comprehensive Plan ITEM NO.: VII-F On March 16, 2010, the Planning and Zoning Commission acting as the Local Planning Agency (LPA) held a workshop on the proposed Evaluation and Appraisal Report Based Amendments to the St. Lucie County Comprehensive Plan. Staff presented a general overview of the proposed changes and gathered feedback from Board members, which are summarized below. Also during this workshop was an opportunity for the public to comment. Prior to the LPA workshop, the Planning & Development Services (PDS) Department hosted three public workshops, which provided for the collection of valuable input from St. Lucie County citizens. All comments and input from the public have been itemized in the attached matrix with responses from staff where appropriate. All material has been posted on the PDS website. On April 15, 2010, the LPA held a public hearing on the proposed amendments and voted 5:2 in favor of recommending transmittal to the Department of Community Affairs and final adoption by the Board of County Commissioners. During the workshop and public hearing, the LPA provided the input below. Concerns Provided by the Planning and Zoning Commission: • Vagueness in the language. • Open concept of definitions, which leads to staff, board and developer interpretation to differ. • Deletion of water bodies, river names and boundaries. • Island and Shoreline restorations. • Western Land sustainability. • Sidewalks in rural areas that lead to nowhere. • Imposing new requirements on the County (cost). • The requirement of Community Development Districts (CDDs). Suggestions Provided by the Planning and Zoning Commission: • Well-defined definitions and directions. • Provide provisions for Transfer of Development Rights (TDR). • Create a TDR bank to be used in the Urban Service Area rather than being forced to use only in Unincorporated Areas. • Enhance the availability of industrial, light industry and commercial areas. • Do not rely on construction (home building) as St. Lucie County industry. • Flexibility in all areas of the County especially TVC areas. • Creatively expand disaster preparation and supplies for developments and Mobile Home Communities. Environmental Resources Department Agenda Item Companion Report TO: Board of County Commissioners THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Amy Griffin, Environmental Regulations and Lands Division Manager DATE: May 20, 2010 SUBJECT: Evaluation and Appraisal Report Based Amendments to the Comprehensive Plan Environmental Resources Department (ERD) has been working closely with Growth Management on the review of the Comprehensive Plan EAR Based Amendments. ERD's comments on the Comprehensive Plan EAR Based Amendments have been included in the attached staff report. ERD supports Growth Management's position to transmit the EAR Based Amendments of the Comprehensive Plan to the Department of Community Affairs. - 1 - 11r Engineering Construction Engineering & Inspection Municipal Engineering Transportation Planning & Traffic Engineering Surveying & Mapping Planning Landscape Architecture & Environmental Services Construction Services Indoor Air Quality Data Technologies & Development 1800 Eller Drly% Suite 600 Fort Lauderdale, FL 33316 Phone: 954.921.7781 Far. 954.921.8007 www,calvin-giordano.com halt-Giordam' 6 Associates, Inc. F. X C Es P T 1 0 N A L 5 O L U T 1 O N 5 --To,- , -. -. —Mark-Satterlee,.AICP Growth Management Director Britton Wilson, Senior Planner FROIyI: Lorraine Tappen, AICP, Senior Planner 1 -DATE: May 3, 2010 (Revised) RE: Evaluation and Appraisal Report (EAR) Based Comprehensive Plan Amendments Background: Florida Statutes require local governments to adopt an Evaluation and Appraisal Report (EAR) once every seven years assessing progress in implementing their Comprehensive Plan. The EAR identifies how the Plan should be revised to better address community objectives, changing conditions and trends affecting the community and changes in state requirements. Counties are also required to amend their Comprehensive Plan based upon the EAR and submit EAR -based amendments to the Florida Department of Community Affairs (DCA). St. Lucie County adopted the EAR in October 2008 and the report was found sufficient by DCA in January 2009. Once approved it becomes incumbent upon the local government to enact changes included within the EAR. This process allows local governments to update their Comprehensive Plan to ensure it meets current community requirements. As information changes over time (population, funding sources, infrastructure needs, etc.), it may be necessary to update data and analysis referenced in the Comprehensive Plan. As such, the County is adopting only the Goals, Objectives, and Policies by ordinance to allow the opportunity to accommodate needed updates in data and analysis as they occur. All revisions are contained within the accompanying binder. The EAR -based Amendments were reviewed during public workshops in February and March 2010. Then in April 2010, the Planning and Zoning Commission, sitting as the Local Planning Agency, reviewed the EAR -based Amendments and recommended Board of County Commissioners transmit the amendments to the Florida Department of Community Affairs. If the Board approves transmittal of the amendments to DCA for formal review, DCA will issue an Objections, Recommendations, and Comments (ORC) Report which gives input potentially resulting in revisions to the proposed amendments. Once revised, the Board may consider adoption of the amendments in order to complete the EAR process. Fort Lauderdale West Palm Beach Orlando Fort Pierce Homestead May 2010 Page 2 Summary: EAR recommendations provide the basis for the EAR -based Amendments. The following provides a summary of significant sections of the Data Inventory and Analysis and significant changes to the Goals, Objectives, and Policies of each Comprehensive Plan Element. Additionally, the Elements were renumbered in some cases for better organization of the Comprehensive Plan document as a whole. Recommendations from the EAR are shown in italics with the corresponding amendment listed. Future Land Use Element 1) Address intensity standards for non-residential uses (a floor area ratio or a combination of floor area (in square feet) and height or number of floors). (See table in revised Policy 1.1.1.1 (p. 1-15)) 2) Incorporate new objectives, policies and data as required by 2008 legislation regarding greenhouse gas reduction strategies and energy -efficient land use patterns. (See new Objective 1.1.4 (p.1-23) and new Goal 1.4 and related objectives and policies (p. 1-43)). Also Policy 1.1.5.13 was added to explore minimum densities within urban service boundary. 3) Incorporate future revisions to the Airport Master Plan into the Comprehensive Plan. (rhe County adopted an ordinance in 2007 to include Airport Master Plan as sub - element of the Transportation element. No change was made for this recommendation.) 4) Incorporate the recommendations of the FAR 150 noise study into the Comprehensive Plan. (See new Policy 1.1.15.5 (p. 1-39)) 5) Revise the Land Development Regulations to update the Airport Overlay District and the section referencing the 1984 Clear Zone Plans, which are no longer applicable to the Airport. (See new Policy 1.1.15.7 regarding runway protection zones (p. 1-39)). 6) Determine best planning strategies for rural lands with DCA and with public participation as part of the EAR -based amendments process. Such efforts should include initiating the review of a transfer of development strategies and amendments to the Rural Land Stewardship program. (See new Objective 1.4.1 (p. 1-43). Also note that the County has initiated the Western Lands Study to determine the future of western lands. The Comprehensive Plan will be amended upon completion of the study.) 7) Explore other innovative techniques for preservation of agricultural and rural lands including additional action steps in the Committee for a Sustainable Treasure Coast — Final Report. (See new Policy 1.4.1.1 (p. 1-43)) 8) Consider innovative partnerships between urban areas, local and regional governmental entities, and rural landowners that take advantage of the services and benefits that rural lands can provide to urban areas and the region as a whole. Examples might include compensating rural landowners to support CERP, IRL South Plan, and research on biofuels. (See new Policy 1.4.1.2 (p. 1-43)) May 2010 Page 3 9) Incorporate new objectives and policies which specifically address incorporation of green development standards. (See new Objective 1.4.2 (p. 1-43)) Other Changes to the Future Land Use Element: 10) New Policy 1.1.1.2 was added to include the Future Land Use designations formerly in the Data Inventory and Analysis. The original language in Ag-5 and Ag-2.5 regarding activity on areas greater than 200 acres was revised to eliminate the requirement for creating a Community Development District. 11) Original Policy 1.1.4.3 was relocated and renumbered Policy 1.1.7.1 under Objective 1.1.7 regarding planned unit developments. 12) Policy 1.1.4.7 was added to state that Future land use map amendment applications that increase residential development must demonstrate a numerical population need unless the amendment enhances urban infill, redevelopment or affordable housing projects. 13) Original Policy 1.1.5.6 was struck as it duplicates policies in the Infrastructure and Transportation Elements. 14) Original Policy 1.1.5.10 was struck. The language is expressed in existing Policy 1.1.11.2. 15) Original Policy 1.1.5.11 struck. Policy 1.1.12.4 regulates on -site sew age in all types of development. Also removed incorrect reference to statutes. 16) Policy 1.1.9.7 was amended to allow the Land Development Code to define geographically the St. Lucie River, Five Mile Creek, Ten Mile Creek and the Indian River Lagoon to allow the County flexibility in redefining these water bodies in the future. 17) North Fork of the St. Lucie River - from the Martin County line to the confluence 18) New Policy 1.1.10.4 added to fulfill statutory requirement for coastal counties to preserve working waterfronts. 19) Language from the Data Inventory and Analysis regarding mining/industrial extraction was relocated to new Policy 1.1.11.4. 20) Figures for Mixed Use Development (MXD) areas were added at the end of the Future Land Use Element. MXD areas no longer lying within unincorporated St. Lucie County were removed. 21) Policy 1.1.15.5 and Policy 1.1.17.8 were added to meet 2009 statutory requirements for compatible land uses adjacent to airport. May 2010 Page 4 Transportation Element 1) Update all data in Inventory, Data and Analysis Section and the County's Concurrency Management System. (The Data Inventory and Analysis was completely updated in the EAR -based Amendments process.) 2) Review and consider revision of the Transportation Element's objectives and policies to better understand and evaluate the impacts of the current land use pattern on the transportation system. (The Goals, Objectives and Policies were thoroughly reviewed considering current land use conditions. Various minor modifications were made to encourage multimodal transportation and reduce automobile dependency.) 3) Include data, analysis and suggested improvements from the TVC area traffic study. (See Data Inventory and Analysis. (p. 2-36 and 2-50)) 4) Address 2008 legislation that requires Transportation Elements to address greenhouse gas reduction strategies. — (See new Data Inventory and Analysis (p. 2-22), revised Goal 2.1 (p.2-57) and new Policy 2.1.1.9 (p.2-58)) 5) Adopt level of service standards (LOS) designated by the Florida Department of Transportation (FDOT) for Florida Intrastate Highway System (FIHS) and Strategic Intermodal System (SIS). (See revised Policies 2.1.1.6, 2.1.1.7 (p. 2-58) and Policy 2.1.2.6 (p.2-59)) 6) Review adopted levels of service standards (LOS) for arterials and other classified roadways within the County to ensure they are consistent with the needs of the County and the ability to fund, construct and maintain these facilities. Moreover, these LOS standards should be reviewed with the understanding that the current single -occupant auto -oriented land use pattern upon which they are founded may be unsustainable. — (The Data Inventory and Analysis provides extensive information of current and future level of service standards and roadway performance. Also, see revised table in Policy 2.1.2.6 (p 2-59)) 7) Adopt Traffic Demand Management (TDM) measures and explore related land use alternatives reduce traffic congestion, improve levels of service reduce single occupant automobile trips, reduce fossil fuel consumption and emissions, and reduce the need to fund, construct and maintain additional lane -miles of roadway capacity within the County. See new Policy 2.1.2.14 (p. 2-62)) 8) Review and consider revision of the Transportation Element's objectives and policies to support the tools used by the County that help shift the burden for funding and constructing roadway capacity improvements away from taxpayers towards new development using Proportionate Fair Share, and impact fees as further implemented by the Land Development Code. — (See new Policy 2.1.2.10 (p.2-61)) 9) Include a policy to utilize TRIP funds where appropriate to finance projects with regional impacts. (See new Policy 2.1.2.13 (p. 2-62)) 10) Include policies requiring incorporation of Transit Oriented Development (TOD) guidelines into the Land Development Code. (See revised Policy 2.2.1.4 (p.2-63)) May 2010 Page 5 11) Consider including the results and recommendations from the 2030 LRTP and more fully participate with establishing and implementing the recommendations of the 2035 RLRTP. See revised Policy 2.2.2.1 (p 2-64)) 12) Add policies that guide the implementation and update of the November 2007 Bicycle, Pedestrian, Greenways & Trailways Master Plan. (See new Policy 2.3.1.1 (p. 2-65)) 13) Continue to work towards the implementation of St. Lucie TPO Bicycle and Pedestrian Plan. (See revised Policy 2.3.2.3 (p. 2-65)) 14) Include the policies for coordination on trails and greenways with the FDOT. (See revised Policy 2.3.2.6 (p.2-66)) 15) Include policies that support the Transit Development Plan (TDP) update such as: Pursue funding sources for transit through the South Florida Commuter Service, Florida Department of Transportation and Federal Transit Administration. (See policies related to Objective 2.6.1 (p. 2-68)) 16) Actively pursue federal funding and grants for transportation transit, travel demand management, transit oriented design, and other innovative strategies to reduce the need to fund, construct and maintain additional lane -miles of roadway capacity. (See new Policy 2.6.1.7 (p. 2-69)) Other Changes to the Transportation Element: 17) Added new Policy 2.2.17 regarding access management on major thoroughfares and near environmentally sensitive areas. Housing Element 1) Estimates of need for rural and farm worker households in the County should be revisited. (See Data Inventory and Analysis (p. 3-14)) 2) Develop a program to work with employers to utilize existing programs or develop specialized programs to assist employers who desire to participate in making housing in reasonable proximity to the workplace affordable and attainable. (See revised Policy 3.1.1.5 (p. 3-17)) 3) Review housing affordability based upon decreasing property values to ensure efficiency of the workforce and affordable housing delivery system. (See revised Policy 3.2.1.2 (p.3-18)) 4) Develop guidelines for an inclusionary housing program that will provide an incentive for private development to include a portion of residential units as certified affordable when feasible. (See new Policy 3.2.1.3 (p.1-18)) 5) Encourage rehabilitation rather than demolition, whenever feasible. (See revised Policy 3.2.3.2 p. 3-19) 6) Establish a Community Land Trust. (See new Policy 3.2.3.5 (p. 3-19)) May 2010 Page 6 7) Adopt Land Banking guidelines as deemed appropriate. (See new Policy 3.2.3.5 (p. 3- 19)) 8) Form a Housing Trust Fund that will be the depository for any funds donated or received for mitigation or other fees that are to be dedicated to meeting affordable housing needs. (See new Policy 3.2.3.6 (p. 3-19)) 9) Create public -private partnership via formation of locally based private nonprofit housing development corporation. (See new Policy 3.2.3.7 (p. 3-19)) 10) Continue support for the Affordable Housing Advisory Committee. (Stated in Objective 3.2.4.1 and related policies (p.3-19)) 11) Include policies to ensure adequate sites for affordable workforce housing. (See revised Objective 3.1.1. (p. 3-17) and new Policy 3.2.5.2 regarding required workforce housing in the TVC (p.3-21) 12) Affordable housing should be constructed using green building practices. (See new Policy 3.2.7.5 (p.3-22)) Other Changes to the Housing Element: 13) Included information on foreclosures in the Data Inventory and Analysis. (p.3-2). 14) Added statutory requirements for Affordable Housing Advisory Committees to Policy 3.2.4.1. 15) Objective 3.2.7 and related policies were added meet statutory requirements for Housing Elements to include policies on energy efficiency. Infrastructure Element Potable Water Sub -element 1) Schedule an update to the We/ltield Protection Ordinance. (This recommendation was completed with amendments to the Potable Water Sub -element completed in conjunction with the Water Supply Facilities Work Plan adopted in 2008.) 2) Promote water conservation and encourage the use of reclaimed water. (This recommendation was completed with amendments to the Potable Water Sub -element completed in conjunction with the Water Supply Facilities Work Plan adopted in 2008.) Solid Waste Sub -Element 3) Recycle waste to the fullest extent possible and provide economic opportunities through recycling and reuse of the existing and future waste stream. (This recommendation was completed with the adoption of the amendments to the Solid Waste Sub -element in 2007.) May 2010 Page 7 Other Changes to the Infrastructure Element: 4) Added new Policies 4A1.1.3 and 4D.1.1.3 stating that no new water or sewer utility companies within the unincorporated areas of the County. 5) Added new Policies 4A.1.2.6 and 4D.1.2.5 stating new development in the unincorporated areas requiring utilities must obtain water or sewer utility service from 1. St. Lucie County Water and Sewer Utility District 2. Fort Pierce Utility Authority 3. City of Port St. Lucie Utility 6) Added new Policies 4A.3.2.2 and 4D.2.2.4 that impacts on potable water and sanitary sewer infrastructure shall be funded by the new customers in advance. 7) Policy 413.1.1.1 revised to reflect levels of service standards in County landfill capacity analyses. 8) Policy 4C.3.1.6 was added to state that the County shall evaluate the financial feasibility of incorporating of Low Impact Design (LID) stormwater management techniques in conjunction with South Florida Water Management and Florida Department of Environmental Protection criteria by December 2013. 9) Added level of service for FPUA wastewater service to Policy 4D.1.2.2. 10) Policy 4D.1.4.5 was added to state that the County shall coordinate with FDEP to encourage small package treatment plants to connect to a central sewer system when feasible. Coastal Management Element 1) As a part of the EAR -based amendment process the data section can be updated to reflect current information on marine turtle nesting activity, hurricane activity, beach erosion and nourishment programs. (See Data Inventory and Analysis (p. 5-4)) 2) As part of the EAR -based amendment process the Integration of the Local Mitigation Strategy into the Local Comprehensive Plan report should be reviewed in its entirety and the recommendations the County feels are most applicable and would balance community vulnerability against potential economic and social costs should be incorporated into the Comprehensive Plan. (See Data Inventory and Analysis, (p. 5-10)) 3) Incorporate policies to ensure the removal of invasive exotic vegetation on coastal systems with any development or redevelopment proposal as well as criteria to ensure appropriate re -vegetation and long -tern exotic maintenance control. Stabilization measures for areas impacted by exotic removal should be included for the period before re -vegetation is established. (See new Policy 5.1.1.8 (p. 5-17)) 4) Incorporate a policy to establish a restoration program on public beach and dune lands for effective exotic vegetation control measures with viable replanting and maintenance plans. (See new Policy 5.1.5.9 (p. 5-23)) 5) Incorporation of a policy to identify that the County shall monitor the characteristics of the dune and other natural resource systems through the development review process and that any indications of changes shall be examined and current conservation May 2010 Page 8 management policies shall be refined as needed in order to remain responsive to evolving problems and issues. (See new Policy 5.1.1.8 (p. 5-17)) 6) Incorporate a policy to consider scientifically -based sea level rise data when planning long-term infrastructure and capital improvement activities, and in future land use decisions. (See new Policy 5.1.1.10 (p. 5-17)) 7) Incorporate a policy to consider and evaluate, when reviewing redevelopment applications, the feasibility of and whether any benefits may accrue through the removal/remediation of previously existing manmade alterations on the shorelines and dunes as part of the redevelopment project. (See new Policy 5.1.5.7 (p. 5-23)) 8) Incorporate a policy to indicate that the County shall support a program in coordination with the Local Mitigation Strategy committee to educate home and business owners on mitigation techniques for protecting their coastal structures. (See new Policy 5.2.1.7 (p. 5-26)) 9) Include a policy for post -disaster redevelopment. (See new Policies 5.2.4.10-13, (p. 5- 29-30)) Other Changes to the Coastal Management Element: 10) Added data regarding the CBRA zone and current County concerns. 11) Policy 5.1.1.7 updated to reflect statutory requirement for preservation of working waterfronts for commercial and recreational uses. 12) Policy 5.1.1.11 added to direct inappropriate future land uses away from the coastal planning area and ensure non -compliant uses are addressed. 13) Policy 5.1.2.4 updated to remove potential conflict with Land Development Code. 14) Policy 5.1.4.5 modified to reflect the limits of regulatory jurisdiction of the County. 15) Policy 5.2.1.1 updated to reflect the new statutory definition of Coastal High Hazard Area. 16) Policy 5.2.1.5 addressed limiting the type of uses and to directing population away from the CHHA. (The original policy is struck since it is a duplication of policy 7.4.1.1.) 17) Goal 7.5 and associated policies relating to the port are struck. The Port Sub -element provides goals, objectives and policies for the Port of Ft. Pierce. Conservation Element 1) Incorporate information on large water quality restoration projects into the data section of the Comprehensive Plan. (See the Data Inventory and Analysis section (p. 6-8-10)). May 2010 Page 9 2) Incorporation of updated data from the 2004 county -wide native habitat inventory. (This recommendation was re-evaluated during the EAR -based Amendments process. The inventory was an informal study and not inclusive of all native habitats. The Conservation Element does provide information on habitats in Table 6-3 (p. 6-11.)) 3) Include data on energy conservation as required in 2008 legislation for Conservation Elements. (See the Data Inventory (p. 6-16)). 4) Provide support and effective coordination with the SFWMD, ACOE and other applicable organizations to facilitate the development of the CERP Indian River Lagoon South Plan (IRL - South Plan) and the implementation of the Surface Water Improvement and Management (SWIM) initiative. (See new Policy 6.1.2.4 (p. 6-20)) 5) Ensure that surface water management systems be designed and operated consistent with state, federal, and regional standards and the County's adopted level of service. (See new Policy 6.1.2.14 (p.6-21)). 6) Support the County Mosquito Control District programs for reconnection, restoration and management of impoundment areas. (See new Policy 6.1.2.13 (p. 6-21)) 7) Incorporate policies to establish the base -line and benchmarks for future habitat protection goals. (Existing Objective 6.1.4 provides for no net loss of wetlands. (p. 6-22) New Policy 6.1.8.14 provides for protection of native upland vegetative communities (p.6-30.)) 8) Continue the acquisition of properties for the preservation and restoration of the IRL system. (See existing Objective 6.1.12 supported by revised Policy 6.12.3 (p. 6-33)) 9) Continue the acquisition, conservation and preservation of native habitats. (Several existing Objectives and policies provide continued acquisition of native habitats.) 10) Include objectives and policies to ensure continued compatibility of future land use designations. (Policy 6.12.13 (p. 6-35)) 11) Incorporate updated data on the status of threatened, endangered and species of special concem. (Appendix 6C provides a list of endangered species.) 12) Include policy to facilitate energy conservation in existing public buildings. (See Future Land Use Element Policy 1.4.2.1 (p. 1-43)). Other Changes to the Conservation Element: 13) Policy 6.1.1.4 has been replaced by policy supporting and implementing alternative transportation. (Original policy was a duplication of 6.1.1.3) 14) Policy 6.1.1.5 was replaced with greenhouse gas emissions reduction policy. (Original policy deleted to reflect deferment to jurisdictional authority of the FDEP) 15) Policy 6.1.2.12 added policy to support FDEP monitoring of Port activities as it relates to surface water quality. May 2010 Page 10 16) Policy 6.1.4.4 was revised to reflect the land development regulations regarding wetland buffers. 17) Policy 6.1.4.9 was amended to strike reference to "environmentally sensitive" due to uncertainty of definition and replaced with high quality/high functional value which is reflective of the adopted UMAM system to quantitatively evaluate wetlands. 18) Policy 6.1.4.10 and is now replaced with a wetland mitigation criteria policy. (Original policy addressing surface water was relocated to 6.1.2.15) 19) Policy 6.1.4.11 was amended to reflect setbacks from wetlands instead of from open water. 20) Policy 6.1.4.12 was revised to reflect the standardized procedure to assess the qualitative functionality of wetlands is determined through the application of the Uniform Mitigation Assessment Methodology (UMAM) adopted in Chapter 62-345 of the F.A.C. 21) Policy 6.1.6.6 was added policy to adopt regulations addressing BMP's for soil to meet 9J-5 requirements. 22) Objective 6.1.15 was added to state that the BOCC shall consider the Wetland Inventory and Evaluation Study initiated by the Environmental Resources Department to facilitate the development of policies and procedures to improve the protection of the existing wetlands in the County. 23) In some other cases, policies were relocated under Objectives based upon the subject area: wetlands, surface water, etc Recreation and Open Space Element 1) Review and revise definitions for neighborhood, community, and regional parks, as well as passive and active recreation. Florida's 2000 Statewide Comprehensive Outdoor Recreation Plan (SCORP) provides recommended standards and definitions. (A new parks classification system suggested by the Parks and Recreation Department has been added to the Data Inventory and Analysis (p. 7-1)) 2) Provide updated inventory and map when Comprehensive Plan is amended. (An updated inventory has been included in the Data Inventory and Analysis (p. 7-4). An updated map has been included in the map series (REC-1)) 3) These new classifications can be applied to an updated parks inventory, which will provide for a more appropriate LOS measurement. (The park classifications suggested by the Parks and Recreation Department were applied to the inventory. (p. 7-7)) 4) Incorporate the County's focus on regional parks and the feasibility of future regional parks. (See Policy 7.1.4.2 (p. 7-10)) 5) Create an interagency parks and recreation facility task force to maximize partnerships. (This EAR recommendation was reconsidered during the EAR -based Amendment process. It was determined that existing coordination mechanisms are in place for park facilities. No change was made based upon this recommendation.) May 2010 Page 11 6) Add policies that guide the implementation and update of the November 2007 Bicycle, Pedestrian, Greenways & Trailways Master Plan. (See new Policy 7.1.3.3. (p.7-9)) 7) Continue management plans for the purchase of ESLs, and plan for sustainable recreation opportunities. (See revised Objective 7.1.6 (p. 7-10)) Other Changes to the Recreation and Open Space Element: 8) The Regional Parks LOS in the April 2010 version was lowered to reduce the deficit in Regional Parks and align the need with the Parks Master Plan. 9) The level of service for Resource -based Parks was adjusted to ensure the level of service could be met through the long range planning timeframe without requiring additional acreage. Intergovernmental Coordination Element 1) Update Policy 10.1.10 to current joint planning issues between St. Lucie County and the municipalities. (See revised Policies 8.1.1.10, 8.1.1.11 and new Policy 8.1.1.12 (p. 8-12)) 2) Coordination with the regional policy plan. (See new Policy 8.1.1.13 (p. 8-12)) 3) Provide for opportunities to engage in agreements for transfer development rights with municipalities. (Policy 8.1.1.14 (p. 8-12)) 4) Recognition of campus master plans prepared pursuant to Section 240,155, F.S., and procedures for coordination of the previsions of the campus master development agreement. (See new Policy 8.1.2.9 (p.8-14)) 5) Include policy to ensure adoption of intedocal agreements within one year of adoption of the amended intergovemmental coordination element per 163.3177(6)(h)2. (The County maintains interlocal agreements with the municipalities and the St. Lucie School District. New Policy 8.1.3.6 (p.8-15) was added to highlight the interlocal agreement on school concurrency with the St. Lucie School District.) 6) Adopt a policy to involve the navigation and inlet districts and other appropriate state and federal agencies and the public in providing for or identifying dredge spoil disposal sites for the counties and municipalities in the coastal area with spoil disposal responsibilities. (See new Objective 8.1.6 and related policies (p. 8-15)) 7) Adopt a policy to resolve conflicts between a coastal local government and a public agency seeking a dredge spoil disposal site through the Coastal Resources Interagency Management Committee's dispute resolution process. (New Policy 8.1.6.2 was added (p. 8-16)) Capital Improvement Element 1) Incorporate timing requirements from 163.3180 regarding public facilities. (The timing requirements in existing Policy 9.1.4.3 (p.9-31) are more stringent and require for capital improvements to be installed earlier in the development process than statutory requirements. No change was made for this recommendation.) May 2010 Page 12 2) Ensure land development code regarding Adequate Public Facilities reflects new school concurrency requirements. (See Policy 9.1.1.14 (p. 9-20)) 3) Determine a level of service standard for Policies 11.1.1.24; 11.1.1.25; and 11.1.1.26. (See new Policy 9.1.15 (p. 9-20) regarding new Level of Service standards for Mosquito Control, and the Airport. No level of service was set for the Port.) 4) Establishment of a LOS standard for mass transit Policy 11.1.1.13. (The County is currently considering the Regional Transit Development Plan for the Port St. Lucie Urbanized Area Policy which provides seven alternatives for future transit. It is premature to set a level of service until implementation plans are in place. Policy 9.1.1.13 (p.9-20) was added to state that the County shall consider the financial feasibility of setting a mass transit level of service by December 2014.) 5) Include a schedule to provide for the annual update of the CIE. (See new Policy 9.3.5 (p. 9-30)) 6) Consider the feasibility of creating and implementing a concun'ency and capacity database. (See new Policy 9.1.4.12 (p. 9-37)) Other Changes to the Capital Improvement Element. 7) Added schools to Category A Public Facilities in Policy 9.1.2. Also, public facility categories were consolidated into two categories: Category A for public facilities considered in concurrency reviews and Category B for public facilities not considered in concurrency reviews, but essential to economic development and quality of life in St. Lucie County. 8) New Policy 9.1.1.17 was added to state that the County shall explore the financial feasibility of preparing a Library Master Plan by December 2014 to determine County library needs and funding sources. 9) New Policy 9.1.1.18 was added to state that the County shall maintain the provision of Administrative and Maintenance space as the county grows. Because Administrative and Maintenance Space is not related to concurrency reviews, the numerical level of service was struck. 10) Policy 9.1.2.10 regarding debt policy was added to meet Florida Administrative Code requirements for Capital Improvement Elements. 11) Original Policies 11.1.3.5. through 11.1.3.7 were relocated under Objective 9.1.4 regarding the timing of capital improvements. Economic Development Element 1) Create a policy to provide a target ratio for jobs/housing balance. (See new Policy 10.1.1.7 which states that the County will monitor jobs/housing balance. (p. 10-13)) 2) Provide for the identification of desired sites consistent with the County's growth management and land use strategies for each targeted industry as well as for other May 2010 Page 13 desired contributory business users with the potential for significant employment. (Policy 10.2.1.3 amended for this recommendation p. 10-13)) 3) Coordinate with local and regional job creation and retention efforts that support and improve job skills. (See new 10.1.1.6 (p.10-13) and Policy 10.2.1.8 regarding participation in the Research Coast marketing efforts (p. 10-14)) 4) Monitor business creation including for -profit status, which cluster the business supports, salaries, number of employees, and related higher learning programs needed to support the business. Create timeline to establish the database(s). (See new Policy 10.2.2.4 (p.10-14)) 5) Monitor existing businesses including for -profit status, which cluster the business supports, salaries, number of employees, and related higher learning programs needed to support the business. Create timeline to establish the database(s). (See new Policy 10.2.2.4 (p.10-14)) 6) Create GIS database tracking clusters by examining the location of related businesses. (See new Policy 10.2.2.4 (p.10-14)) 7) Continue to monitor the particular incentives that were utilized for business recruitment and track the long-term financial value of the incentives. (See Policy 10.2.2.4 (p. 10-14)) 8) Continue to monitor new and existing businesses recruitment of employees from local colleges and universities. (See Policy 10.2.2.4 (p. 10-14)) 9) Promote and identify internships and training for green sector jobs. (See Policy 10.2.3.5 (p. 10-15)) 10) Continue to establish grant opportunities for the sustainable re -use of agriculture land. Find a means of achieving continued bone fide agriculture operations through innovative land use alternatives such as TDRs and cultivation of alternative energy forms. (Policy 10.3.1.5 (p. 10-16)) 11) Promote the expansion of eco-tourism by encouraging existing and new hotels to participate in the Florida Green Lodging Program. (See new Policy 10.4.1.4 (p. 10-16)) 12) Monitor the origination of international tourists, to determine in which areas marketing should be focused. (See Policy 10.4.2.9 (p.10-17)) 13) Continue to provide incentives for economic development such as expedited review of development applications and impact fee waivers. Set timeline for the creation of an expedited application review program and interagency point person. (Policy 10.5.1.3 amended for this recommendation. (p.10-17) 14) Promote the expansion of commercial service at the airport. Create specific timelines to achieve the various components of this goal. (See Policy 10.6.1.5 (p.10-18)) 15) Identify need to coordinate educational programs and economic development policy with Growth Management. (This recommendation was reevaluated during the EAR - based Amendment process. St. Lucie County Administration will coordinate economic development.) Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director —� Kara Wood, Planning Manager FROM: Britton De Witt, Senior Planne Planning Division DATE: October 19, 2010 SUBJECT: Supplemental Memo - Evaluation and Appraisal Report -Based Amendments of the Comprehensive Plan ITEM NO.: VII-C This supplemental memo provides additional changes to be included with the associated agenda package for the Evaluation and Appraisal Report (EAR) based amendments of the Comprehensive Plan. Attached are the following three pages: 1. A map located to be located in the Transportation Element depicting future and existing transportation systems. This map was updated to include identification labels for existing railways. 2. Conservation Element page 6-29 has updates to Policy 6.1.8.9 and Policy 6.1.8.10. 3. Intergovernmental Element page 8-14 contains an update to Policy 8.1.2.5. Policy 96.1.8.8 — St. Lucie County shall require the submission of an environmental impact report, which addresses concerns for habitat preservation and species protection for projects on parcels greater than ten acres, or that are located on the barrier island, the Atlantic Coastal Ridge, of are adjacent to public conservation lands, or are otherwise considered Environmentally Sensitive Areas as defined in this Element. The County may provide a process e#he-for {sisj-the consideration of a waiver of this requirement, subject to meeting standards as may be described in the County's Land Development Code. Struck I Policy-8 .1.8.9 - language in original Policy species -The County shall continue to identify native upland vegetative 8.1.8.9 was communities _ The County shall provide for relocated to the protection, appropriate use and conservation of these areas based on criteria Policy which consider the administrative and fiscal constraints of the County. Potential 6.1.12.3. mechanisms shall include acquisition, t1easeffwft, restriction or prohibition of activities, and incentives to protect and maintain these areas. Policy 96.1.8.10 - Land use decisions shall consider the effects of development impacts on fish, wildlife and habitat and the cumulative impact of development and redevelopment upon wildlife habitat. In cases where Federal or State listed species re known to be present, a condition of development approval will be #W W habW is preserved, a Pr igeffmrt F be_prepared by the applicant, and that it be approved by appropriate state and/or federal agencies be prior to initiation of development euai The M@82g@MW pW shall deia the In addition, this policy shall apply to any species or native habitat the Treasure Coast Regional Planning Council determines to be regionally rare, endangered or threatened with extinction. To ensure adequate protection, protected plants and animals, which cannot be provided with sufficient undisturbed habitat to maintain the existing population in a healthy, viable state on site, shall be effectively relocated in accordance with local, state and federal regulations and accepted best management practices. Policy 96.1.8.11 - The County shall continue to support the County Land Acquisition Selection Committee whose function is to utilize the 1992 Upland and Wetland Inventory and Federal, State, and local resources, to formulate a master acquisition list of lands having native upland habitat. The overall objective is to ensure the preservation of a minimum of 12,500 acres of the 1992 remaining native upland habitat, with the highest priority being those classified as endangered or threatened as well as those properties having habitats that are facing destruction as a result of urban development and which recognizes relationships to those areas of native habitat already under public and/or private preservation. St. Lucie County Comprehensive Plan 6-29 Conservation Element EAR -based Amendments October 2010 Policy 4-08.1.2.2 — By 2012, €establish a Planning Forum, to meet at least quarterly, to coordinate programs of infrastructure development and improvement between the County, the municipalities, and interested public groups so that adopted levels of service can be maintained throughout the entire County. Policy 498.1.2.3 - Use the Treasure Coast Regional Planning Council for informal mediation when conflicts with other local governments do not appear as if they would be otherwise resolved. Policy 8.1.2.4 - Coordinate with the City of Fort Pierce, the City of Port St. Lucie, the Florida Department of Transportation, St. Lucie Transportation Planning Organization, and Martin County and Treasure Coast Regional Planning Council to implement and revised the 2030 Long Range Regional Transportation Plan. Policy 8.1.2.5 - Coordinate with City of Fort Pierce, the City of Port St. Lucie, the Florida Department of Transportation, St. Lucie Transportation Planning Organization, Martin County and the Nlaft Metbiboftn Pklrw OrAnafftetibn on the Regional Transit Development Plan for the Port St. Lucie Urbanized Area. Policy 8.1.2.6 - The County shall coordinate with pertinent State and regional agencies to identify natural area greenways and wildlife corridors to link existing public parks, preserve areas and similar public areas for conservation and habitat preservation purposes. Policy 8.1.2.7 - The County shall coordinate with the Florida Department of Environmental Protection to connect small package plants to central water and sewer services. Policy 8.1.2.8 - Continue to coordinate with the South Florida Water Management District on implementation of the Comprehensive Everglades Restoration (CERPARL South Plan and Indian River Lagoon Surface Water Improvement Program ORL SWIM) Plan. Policy 8.1.2.9 - The County shall monitor and review campus master plans, Particularly with regard to their probable effects on public facilities. Policy 8.1.2.10- The County shall coordinate with the St. Lucie County Fire District on development of level of service standards for construction of fire facilities to accommodate existing and future development. Objective 4-08.1.3: The Planning and Development Services Director of GomMURity Oevelepe}e4-shall continue to be responsible for coordination of County activities with the comprehensive plans of adjacent municipalities, St. Lucie County, the adjacent counties, and other units of local government such as the School Board providing services but not having regulatory authority over the use of land. Policy 408.1.3.1 - Continue to receive and review copies of all proposed plan or rezoning amendments for areas adjacent to St. Lucie County boundaries. Policy 408.1.3.2 - Continue to request liaisons regarding proposed plan or rezoning amendments with the St. Lucie County School Board, St. Lucie County Fire District, South Florida Water Management District, Treasure Coast Regional Planning Council, Fort Pierce Utilities Authority, Florida Power and Light, and St. Lucie County Comprehensive Plan 8-14 Intergovernmental Coordination Element EAR -based Amendments October 2010 Indian River County A - ray Rd �, Martin County South Central Florida Express Railroad K Line Martin County MPO and St. Lucie TPO 2030 Regional LRTP, 2007 r I 4 0 l 6 a 10 Indrlo Rd St. LudeAirport� n wa: 110 D Port of Ft. Pierce Pam— d I` Florida East Coast Railway (FEC) 7 i Designated SIS Waterway - 4 Atlantic Intracoastal Waterway v I c Waste vd rima vistas i �u�ia v-} Existing and Future Legend Miles OCounty Boundary 0 2.5 5 Transportation System (2030) Municipalities ,alwn Giardaw rA—iams. Ini. Ma TRN-11 �I Emerging SIS Highway - "` `' " .1. 0p �r Designated SIS Rail �+ - 0 ��15 �i Emerging SIS Rail _... Ilp ^e Designated SIS Highway Print Date August, 2010 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning and Development Services SUBJECT: Ordinance 10-034 - Solar Energy Ordinance BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A ITEM NO. VII-D DATE: 10/19/10 REGULAR ( ) PUBLIC HEARING (X) LEG. ( ) QUASI -JD (X) CONSENT ( ) PRESENTED BY: Diana Waite Senior Planner PREVIOUS ACTION: September 16, 2010 - Planning and Zoning Commission recommended the Board approve this request by a vote of 6-0. RECOMMENDATION: Board review of the Solar Energy Ordinance and approval to schedule the second required public hearing for November 9, 2010 at 6 pm, or as soon thereafter as possible. COMMISSION ACTION: APPROVED ( ) OTHER Approved 5-0 CONCURRENCE: ( ) DENIED Faye W. Outlaw, M A County Administrator Coordination/Signatures County Attorney ( X ) lis kv, DTM County Surveyor Daniel S. McIntyre County Engineer (X) �I1 Y M i Michael Powley Originating Dept. ( X ) I\Urk Satterlee Purchasing ( ) Melissa Simberlund ( X ) A11211 Ron Harris ERD (X) ren Smith OMB ( ) Marie Gouin Planning and Development Services Department = 1 - p ,COUNTY • R I D A MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning and Development Services Direct Kara Wood, Planning Manager 1W FROM: Diana Waite, AICP, Senior Planner oA-. DATE: October 19, 2010 SUBJECT: Ordinance 10-034 - Solar Energy Ordinance ITEM NO. VII-D Background: The subject ordinance is intended to eliminate potential obstacles to the installation of solar equipment for the individual homeowner or business, and to facilitate the development of utility grade commercial solar facilities in the County's rural areas. The ordinance amends Chapter 2, Definitions, Chapter 3, Zoning District regulations, Chapter 4, Research and Education Park Overlay Zone uses, Chapter 8, Accessory Uses and provides supplemental standards in Chapter 7 to guide the location and installation of both types of uses to ensure compatibility with surrounding land uses. The definition of each type of solar use is: Solar Generation Station: An energy generation facility comprised of one or more freestanding, ground —mounted devices that capture soar energy convert it to electrical energy for use in locations other than where it is generated. Solar generation stations typically utilize photovoltaic solar cells, but can also be combinations of light reflectors, concentrators, and heat exchangers. A solar generation station is also known as a solar plant, solar generation plant, solar farm, solar power plant, or solar thermal power plant. Solar Energy System: Any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for use in the heating or cooling of a structure or building, the heating or pumping of water, or the generation of electricity. A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include, but are not limited to, serving as a structural member of part of the roof of a building or structure and serving as a window or wall. A solar energy system may be mounted on the building or on the ground and is not the principal use of the property. The proposed draft ordinance accomplishments the following • Recognizes solar panels as accessory uses in all zoning districts; • Exempts roof -installed solar panels from the building height limitations; Solar Energy Ordinance October 19, 2010 Page 2 • Provides regulations to ensure solar systems are compatible with development on adjacent property; • Allows a Solar Generation Station as a conditional use in the AG-5 (Agricultural — 1 du/5ac), AG-2.5 (Agricultural — 1 du/2.5ac), AG-1 (Agricultural — 1 du/ac), and the U (Utilities) Zoning Districts; • Allows a Solar Generation Station in the 10% Open Space area of the PTV (Planned Towns and Villages) Zoning District; • Amends the Research and Education Park Overlay Zone to allow Solar Generation Station as a conditional use within Zone B; and • Creates Land Development Code Supplemental Standards to provide specific criteria for the proposed solar uses. Development of the proposed solar ordinance was initiated by Commissioner Coward's request to identify potential obstacles to the installation of solar systems in St. Lucie County and to review other jurisdictional regulations related to the use. To address solar energy issues, a Solar Working Group was established to identify potential obstacles in the Land Development Code or Building Code for removal and to review ordinances from other jurisdictions regarding the installation of solar equipment. The proposed draft ordinance is the result of the group's findings and subsequent evaluations. After legal review, the draft ordinance was forwarded to the Development Review Committee, the Treasure Coast Regional Planning Council staff and solar industry professionals for review and comment. The majority of comments and recommendations received are incorporated into the proposed draft ordinance. One exception is the recommendation by Florida Power and Light representatives and the City of Fort Pierce staff to allow Solar Generation Stations as a permitted use in all zoning districts. Staff believes that conditional use approval is needed for this more intensive use to allow the Board to place conditions on future approvals to ensure compatibility with the surrounding area and address any unknown impacts that may arise in the future as the solar industry grows and changes. The difference in the timeframe for approval should be minimal as a Major Site Plan is required for the proposed use. A Solar Generation Station is a Targeted Industry and would be eligible for an expedited review process. _ The City of -Fort Pierce staff comments included concerns regarding "burdensome processes" and a recommendation that incentives for solar uses be offered. City staff also expressed concerns that requiring conditional use approval for Solar Generation Stations in the Research and Education Park Overlay Zone would potentially steer away businesses interested in developing green/solar products in the district. The proposed amendment will not affect businesses that qualify to develop solar products under the existing overlay regulations, but will add the option to develop a commercial solar utility as a conditional use. At the September 16, 2010 public hearing on this matter, the St. Lucie County Planning and Zoning Commission recommended approval of the proposed ordinance by a vote of 6 to 0 (Britt Reynolds, Barry Schrader, Stefanie Morgan and Kathryn Hensley were absent). No public comments were made regarding the ordinance. The Solar Energy Ordinance furthers the following County directives, plans and programs: Future Land Use Policy 1.1.11.1: St. Lucie County shall actively assist to the maximum extent practical in the recruitment of clean high growth industrial activities. St. Lucie County Greenprint Goal IV: Support Energy Conservation and Clean Energy Alternative. Solar Energy Ordinance October 19, 2010 Page 3 • In January 2008, the Board obtained the Florida Green Building Coalition's Green County gold certification based upon the County's sustainability goals, including promotion of renewable energy and a green economy. • Economic Policy 10.2.1.4 supports the development of targeted industries, including the production of clean energy. The County's Targeted Industry list includes Solar Energy. • The Green Collar Task Force trains a workforce to install green technology and the Solar and Energy Loan Fund assist in financing the cost of the systems. Staff has reviewed the proposed text amendment and determined that it conforms to the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and will further the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Recommendation: Board review of the Solar Energy Ordinance and approval to schedule the second required public hearing for November 9, 2010 at 6 pm, or as soon thereafter as possible. CoUNTy �. F L Q R l D A Environmental Resources Department TO: Board of County Commissioners Companion Report THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Senior Environmental Planner Jennifer Evans, Senior Environmental Plannel' Amy Griffin, Environmental Regulations and La ds Division Manage.. DATE: October 6, 2010 SUBJECT: Ordinance 10-034 — Solar Energy Ordinance Background The Planning & Development Services Department requested Environmental Resources Department (ERD) input on the proposed Solar Energy Ordinance. Findings ERD findings are presented in the ERD Final Report, which has been included in the agenda packet. Recommendations ERD supports approval of the proposed ordinance �� 4'nature 1 ORDINANCE NO. 10-034 2 3 AN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY 4 COMMSISSIONERS AMENDING THE ST. LUCIE COUNTY LAND 5 DEVELOPMENT CODE REGARDING SOLAR ENERGY BY AMENDING 6 SECTION 2.00.00 DEFINITIONS; BY AMENDING SECTION 3.01.03 7 ZONING DISTRICTS; BY AMENDING SECTION 4.03.03 LIMITATIONS 8 ON LAND USE APPLICATIONS AND 4.03.05 RESEARCH AND 9 EDUCATION PARK OVERLAY ZONE USE LIMITATIONS; BY 10 CREATING SECTION 7.10.28 SOLAR ENERGY SUPPLEMENTAL 11 STANDARDS; BY AMENDING SECTION 8.00.03 PARTICULAR 12 PERMITTED ACCESORY STRUCTURE AND USES IN RESIDENTIAL, 13 AGRICULTURAL, AND PLANNED UNIT DEVELOPMENTS; 14 PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND 15 APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT 16 OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND 17 AN EFFECTIVE DATE 18 19 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has 20 made the following determinations: 21 22 1. The Board of County Commissioners has declared the utilization of sustainable 23 practices a matter of public policy. This includes a commitment to protecting 24 natural resources and providing an environment to reduce reliance and 25 expenditures on non-renewable resources in the County. 26 27 2. Solar energy is an abundant, renewable, and nonpolluting energy resource and 28 its conversion to electricity will reduce our dependence on non-renewable energy 29 resources and decrease the air and water pollution resulting from conventional 30 energy resources. 32 3. On August 1, 1990, the Board of County Commissioners of St. Lucie County, 33 Florida, adopted the St. Lucie County Land Development Code and has adopted 34 amendments to the Land Development Code through certain ordinances. 35 36 4. On September 8, 2009, the Board of County Commissioners adopted a 37 Greenprint plan that promotes an increase in renewable energy resources and 38 low carbon emitting electrical power to guide the County towards a sustainable 39 future. 40 41 5. On September 16, 2010, the Local Planning Agency/Planning and Zoning 42 Commission held a public hearing on the proposed ordinance after publishing Date Ordinance No.10-034 Page 1 of 17 notice in the St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 6. On October 19, 2010, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on October 5, 2010. 7. On proposed ordinance, News Tribune on 2010 this Board held its second public hearing on the after publishing a notice of such hearing in the St. Lucie 8. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, and objectives of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: The St. Lucie County Land Development Code is hereby amended by deleting the following words shown in strike -through type and adding the words shown in underlined type: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS: CHAPTER II DEFINITIONS Height: The vertical distance between the minimum finished grade and the highest finished main roof surface in the case of flat roofs or shed roofs, the deck line of a mansard roof and the average distance between the eaves and the ridge of sloped roof with a pitch greater than a 4:12 ratio. For the purpose of this Code, minimum finished grade shall be that elevation, for both residential and nonresidential uses, required to meet minimum flood protection regulations. For the purposes of this code, roof mounted solar energv panels are exempt from the building height limitations. Solar Access: The access of a solar energy system to direct sunlight. Date Page 2 of 17 Ordinance No.10-034 1 Solar Generation Station: An energy -generation facility comprised of one or more 2 freestanding ground mounted devices that capture solar energy and convert it to 3 electrical energy for use in locations other than where it is generated. Solar generation 4 stations typically utilize photovoltaic solar cells, but can also be combinations of light 5 reflectors concentrators and heat exchangers. A solar generation station is also known 6 as a solar plant solar generation plant, solar farm, solar power plant, or solar thermal 7 power plant. 8 9 Solar Energy System: Any device or combination of devices or elements which rely 10 upon direct sunlight as an energy source including but not limited to any substance or 11 device which collects sunlight for use in the heating or coolinq of a structure or building, 12 the heating or pumping of water, or the generation of electricity. A solar energy system 13 may be used for purposes in addition to the collection of solar energy. These uses 14 include but are not limited to serving as a structural member or part of the roof of a 15 building or structure and serving as a window or wall. A solar energy system may be 16 mounted on the building or on the ground and is not the principal use of the property. 17 18 CHAPTER III ZONING DISTRICTS 19 20 3.01.03. Zoning Districts 21 22 Solar Energy Systems subiect to the requirements of Section 7.10.28, are hereby 23 added to the list of accessory uses in all zoning districts, except the R/C 24 (Residential/Conservation) where solar energy systems will be added to the list of 25 conditional uses. 26 27 A. AG-1 AGRICULTURAL - 1 28 29 1. Purpose 30 31 Purpose. The purpose of this district is to provide and protect an environment suitable 32 producbve--commerciatagricaiture together--with--sueh other- uses —as --ray be- 33 necessary to and compatible with productive agricultural surroundings. Residential 34 densities are restricted to a maximum of one (1) dwelling unit per gross acre. The 35 number in "()" following each identified use corresponds to the SIC code reference 36 described in Section 3.01.02(B). The number 999 applies to a use not defined under the 37 SIC code but may be further defined in Section 2.00.00 of this Code. 38 39 2. Permitted Uses 40 a. Agricultural production - crops (01) 41 b. Agricultural production - livestock & animal specialties (02) 42 c. Agricultural services (07) Date Page 3 of 17 Ordinance No.10-034 1 d. Family day care homes. (999) 2 e. Family residential homes provided that such homes shall not be located within a 3 radius of one thousand (1,000) feet of another existing such family residential home 4 and provided that the sponsoring agency or Department of Health and Rehabilitative 5 Services (HRS) notifies the Board of County Commissioners at the time of home 6 occupancy that the home is licensed by HRS. (999) 7 f. Fishing, hunting & trapping (09) 8 g. Forestry (08) 9 h. Kennels. (0752) 10 i. Research Facilities, Noncommercial (8733) 11 j. Riding stables. (7999) 12 k. Single-family detached dwellings. (999) 13 14 3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 1 in 15 Section 7.04.00. 16 17 4. Dimensional Regulations. Dimensional requirements shall be in accordance with 18 Table 1 in Section 7.04.00. 19 20 5. Off-street Parking and Loading Requirements. Off-street parking and loading 21 requirements are subject to Section 7.06.00. 22 23 6. Landscaping Requirements. Landscaping requirements are subject to Section 24 7.09.00. 25 26 7. Conditional Uses. 27 a. Agricultural labor housing. (999) 28 b. Aircraft storage and equipment maintenance. (4581) 29 c. Airports and flying, landing, and takeoff fields. (4581) 30 d. Family residential homes located within a radius of one thousand (1,000) feet of 31 another such family_ residential home. (999) e. Farm products warehousing and storage. (4221/4222) 32 33 f. Gasoline service stations. (5541) 34 g. Industrial wastewater disposal. (999) 35 h. Manufacturing: 36 (1) Agricultural chemicals (287) 37 (2) Food & kindred products (20) 38 (3) Lumber & wood products, except furniture (24) 39 i. Mining and quarrying of nonmetalic minerals, except fuels. (14) 40 j. Retail trade: 41 (1) Farm equipment and related accessories. (999) 42 (2) Apparel & accessory stores. (56) Date Ordinance No.10-034 Page 4 of 17 1 k. Sewage disposal subject to the requirements of Section 7.10.13. (999) 2 I. Telecommunication Towers - subject to the standards of Section 7.10.23 (999) 3 m. Camps - sporting and recreational. (7032) 4 n. Solar -generation station subiect to the requirements of Section 7.10.28 (999). 5 6 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, 7 and include the following: 8 9 a. Mobile homes subject to the requirements of Section 7.10.05. 10 b. Retail trade and wholesale trade - subordinate to the primary authorized use or 11 activity. 12 c. Guest house subject to the requirements of Section 7.10.04. (999) 13 d. Solar energy systems subject to the requirements of Section 7.10.28 (999). 14 15 B. AGRICULTURAL - 2.5. 16 17 1. Purpose. The purpose of this district is to provide and protect an environment 18 suitable for productive commercial agriculture, together with such other uses as may 19 be necessary to and compatible with productive agricultural surroundings. 20 Residential densities are restricted to a maximum of one (1) dwelling unit per two 21 and one-half (2.5) gross acres. The number in "( )" following each identified use 22 corresponds to the SIC code reference described in Section 3.01.02(B). The number 23 999 applies to a use not defined under the SIC code but may be further defined in 24 Section 2.00.00 of this Code. 25 26 2. Permitted Uses: 27 a. Agricultural production - crops. (01) 28 b. Agricultural production - livestock and animal specialties. (02) 29 c. Agricultural services. (07) 30 d. Family day care homes. (999) _ 31 e. Family residential homes provided that such homes shall not be located within a 32 radius of one thousand (1,000) feet of another existing such family residential home 33 and provided that the sponsoring agency or Department of Health and Rehabilitative 34 Services (HRS) notifies the Board of County Commissioners at the time of home 35 occupancy that the home is licensed by HRS. (999) 36 f. Fishing, hunting and trapping. (09) 37 g. Forestry. (08) 38 h. Kennels. (0752) 39 i. Research Facilities, Noncommercial. (8733) 40 j. Riding stables. (7999) 41 k. Single-family detached dwellings. (999) 42 Date Ordinance No.10-034 Page 5 of 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 33 34 35 36 37 38 39 40 41 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off -Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance. (4581) c. Airports and flying, landing, and takeoff fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221 /4222) f. Gasoline service stations. (5541) g. Industrial wastewater disposal. (999) h. Manufacturing: (1) Agricultural chemicals. (287) (2) Food and kindred products. (20) (3) Lumber and wood products, except furniture. (24) i. Mining and quarrying of nonmetallic minerals, except fuels. (14) j. Radio, television, and microwave communication stations and towers. (999) k. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel and accessory stores. (56) I. Sewage disposal subject to the requirements of Section 7.10.13. (999) -m. Uamps - sporting ancl recreational. (7032) n. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. o. Solar generation station subject to the requirements of Section 7.10.28 (999). 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. Date Page 6 of 17 Ordinance No.10-034 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 33 34 35 36 37 38 39 40 41 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) d Solar energy systems subiect to the requirements of Section 7.10.28 (999). C. AG-5 AGRICULTURAL - 5. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per five (5) gross acres. The number in "( )" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Agricultural production - crops. (01) b. Agricultural production - livestock and animal specialties. (02) c. Agricultural services. (07) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) f. Fishing, hunting and trapping. (09) g. Forestry. (08) h. Kennels. (0752) i. Research Facilities, Noncommercial. (8733) j. Hiding s abTes.J799 k. Single-family detached dwellings. (999) I. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00, 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. Date Page 7 of 17 Ordinance No.10-034 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 take -off fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) f. Gasoline service stations. (5541) g. Industrial wastewater disposal. (999) h. Manufacturing: (1) Agricultural chemicals. (287) (2) Food and kindred products. (20) (3) Lumber and wood products, except furniture. (24) i. Mining and quarrying of nonmetallic minerals, except fuels. (14) j. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel and accessory stores. (56) k. Sewage disposal subject to the requirements of Section 7.10.13. (999) I. Camps - sporting and recreational. (7032) m. Off -Road Vehicle Parks, except go-cart raceway operation or rentals (7999), subject to the requirements of Section 7.10.21. (999) n. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. c. Guest house subject to the requirements of Section 7.10.04. (999) d. Solar energy system subiect to the requirements of Section 7.10.28.(999) Date Page 8 of 17 Ordinance No.10-034 1 W. U UTILITIES 2 3 1. Purpose. The purpose of this district is to provide and protect an environment 4 suitable for utilities, transportation, and communication facilities, together with such 5 other uses as may be compatible with utility, transportation, and communication 6 facility surroundings. The number in "()" following each identified use corresponds to 7 the SIC code reference described in Section 3.01.02(B). The number 999 applies to 8 a use not defined under the SIC code but may be further defined in Section 2.00.00 9 of this code. 10 11 2. Permitted Uses: 12 13 a. Air transportation services (451,452) 14 b. Agriculture, including farms, groves, and ranches. (01,02) 15 c. Communication. (48) 16 d. Electric services (491) 17 e. Electric transmission rights -of -way. (491) 18 f. Gas pipeline rights -of -way. (492) 19 g. Gas production and distribution (492) 20 h. Industrial wastewater disposal. (999) 21 i. Railroad, rapid rail transit, & street railway transportation. (40,41) 22 j. Sanitary services (495) 23 k. Transportation services (47) 24 I. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 25 m. Water supply and irrigation systems. (494,497) 26 n. Water transportation (44) 27 28 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 29 7.04.00. 30 31 4. Dimensional Regulations. Dimensional requirements shall be in accordance with - Z Section 33 34 5. Off-street Parking and Loading Requirements. Off-street parking and loading 35 requirements are subject to Section 7.06.00. 36 37 6. Landscaping Requirements. Landscaping requirements are subject to Section 38 7.09.00. 39 40 7. Conditional Uses: 41 42 a. Airports. (458) Date Page 9 of 17 Ordinance No.10-034 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 33 34 35 36 37 38 39 40 41 42 b. Electric generation plants. (491) c. Gas production plants. (492) d. Land clearing and yard trash recycling operations - subject to the provisions of Section 7.10.12. (999) e Natural or manufactured gas storage and distribution points. (492) f. Protective functions and their related activities - Correctional institutions (9223) g. Solid waste disposal. (4953) h. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. (999) i. Solar generation station subject to the requirements of Section 7.10.28. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Automobile and truck rental services. b. Restaurants. (Including the sale of alcoholic beverages for on premises consumption only.) (999) c. Solar energy system subiect to the requirements of Section 7.10.28.(999) EE. PTV (PLANNED TOWN OR VILLAGE) 2. Standards and Requirements. Standards and requirements for Planned Town or Villages shall be as follows: o. Open space and Countryside Standards. Date (2) Open Space and Countryside Requirements. —1T�VVT1Ef�Se DUD 3Ut: �fII7o-UTTTIHVfrTQ be designated Open Space in lieu of Countryside, this allowance may be fulfilled by land that is restricted to a combination of the following Open Space components; however, all Fringe or Rural areas that are not designated in the regulating plan as reserved for an Open Space or Countryside component shall be limited in the future to Countryside uses: 8) Solar generation station, subiect to the supplemental standards in Section 7.10.28. Page 10 of 17 Ordinance No.10-034 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CHAPTER IV SPECIAL DISTRICTS 4.03.00. RESEARCH AND EDUCATION PARK - OVERLAY ZONE Section 4.03.00 is hereby amended as follows: Section 4.03.03. Limitations on Land Use Applications. Any Future Land Use Map Change within the Overlay Zone shall be to Special District (SD - Research and Education Park). All applications for a change in zoning within the Research and Education Park Overlay Zone shall be to Planned Non -Residential Development (PNRD). All building permit applications shall be reviewed and approved by the Growth Management Department Director or their assigns prior to the issuance of construction authorizations within the Research and Education Park Overlay Zone. The appropriate location and mix of uses will be determined through the planned development process in a manner that adheres to the guidelines and standards set forth in this overlay zone and the Research and Education Park Master Plan. Uses are to be segregated as to intensity and are to ensure compatibility with lands outside the overlay zone. The following sub -zones are created to identify the type of permitted, conditional and accessory uses allowed within Zone A and Zone B. The specific uses are identified below and Section 4.03.05. LAND USE OPTIONS II ZONE A IIZONE B II RESEARCH EDUCATION ZONE II RESEARCH AGRICULTURE ZONE Allows agriculture, office, research, aAd institutional and light manufacturing (as identified under 4.03.05) uses. r ►yT,Ur Allows agriculture and research (as identified uRder the permitter, u +dento ied in Section 4.03.05). No 4.03.05. Research and Education Park Overlay Zone Use Limitations. Date Page 11 of 17 Ordinance No.10-034 1 The purpose of these regulations is to provide and protect an environment suitable for 2 agriculture, education, and research with such other uses as may be necessary to and 3 compatible with these primary uses. Uses are identified by their SIC (Standard Industrial 4 Classification) Code (00). The identified use shall only be allowed when consistent with 5 the properties Future Land Use Designation and the Zone A and B Land Use Options 6 set forth in Section 4.03.03 and the Research and Education Park Master Plan. 7 8 A. Permitted Uses. (Notes: The uses below include the life sciences with a focus on 9 agriculture and education) 10 11 The permitted uses in Zone A and Zone B shall be: 12 13 1.) Agriculture Production — crops (SIC 01) 14 2.) Animal Aquaculture (SIC 0273) 15 3.) Education Services and Facilities (SIC 82) 16 (Notes: Includes establishments engaged in non-commercial agriculture and 17 biological research and development; such as, agriculture, food and medicine) 18 19 The permitted uses in Zone A only shall included: 20 21 1.) Research, Development, and Testing Services (SIC 873) 22 (Notes: Includes establishments engaged in commercial and manufacturing 23 physical and biological research and development; such as, agriculture, food and 24 medical research, and x-ray machine inspection services) 25 26 B. Conditional Uses. (Notes: The uses below primarily include those associated with 27 the manufacturing and support of the life sciences or the Park in general, such as 28 business services.) 29 30 The conditional uses within Zone A shall be: 31 32 1 1 a�cturing: 33 a. Food & kindred products (SIC 20) 34 b. Drugs (SIC 283) 35 c. Soap, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and 36 other Toilet Preparations (SIC 284) 37 d. Agricultural chemicals (SIC 287) 38 e. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical 39 and Optical Goods; Watches and Clocks (SIC 38) 40 2.) Financial Institutions (SIC 60 and 61) 41 3.) Business Services (SIC 73) 42 4.) Solar Generation Station subject to the requirements of Section 7.10.28. (999) Date Ordinance No.10-034 Page 12 of 17 1 2 3 The conditional uses within Zone B shall be: 4 5 1.) Solar generation station subject to the requirements of Section 7.10.28. (999) 6 7 C. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, 8 and include the following: 9 10 1.) Residential units may be permitted as accessory uses to educational facilities, 11 when approved through the Planned Development process. 12 2.) Solar energy systems subject to the requirements of Section 7.10.28 (999). 13 14 15 CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 16 17 7.00.00. General Provisions 18 19 7.10.00. Supplemental Standards. 20 21 Section 7.10.00 is hereby amended to create a new Section 7.10.28 "Solar Energy" as 22 follows: 23 24 7.10.28 Solar Energy 25 26 The following provisions are intended to facilitate the commercial -generation and 27 distribution of solar power and the use of on -site solar energy systems to meet the 28 energy demands of buildings and support facilities in the unincorporated County. 29 30 A. Solar Generation Station. In addition to other applicable sections of this Code, a 31 solar generation station shall be subject to the following provisions: 32 33 1. Solar generation stations shall require submittal of a Maior Site Plan application 34 concurrent with a Conditional Use Permit, when required. The development shall 35 be subiect to the following supplemental criteria: 36 37 a. Physical access to a solar generation station shall be restricted by fencing or 38 walls. Razor wire is prohibited. All fencing and wall details shall be provided 39 for review and approval as part of the required site plan. 40 b. The devices that capture energy and convert it to electricity shall not be 41 placed in wetlands environmentally sensitive resources or habitats, imperiled 42 and critically imperiled habitats as defined by the Florida Natural Areas Date Page 13 of 17 Ordinance No.10-034 1 Inventory, and buffers. Any environmental impacts from such devices, or any 2 component of a solar generation station, shall only be allowed in compliance 3 with the provisions of the County's Comprehensive Plan and Land 4 Development Code. 5 c. All devices that capture and convert energy to electricity shall be located at 6 least 50 feet from any lot line under separate ownership. 7 d. The maximum lot coverage by structure, including solar ground or pole 8 mounted panels, for the zoning district may be waived by the Board of County 9 Commissioners. The approved maximum lot coverage shall be shown on the 10 site plan and specified in the resolution approving the development. 11 e. All solar generation station sites must comply with the landscaping and 12 screening requirements of the Land Development Code. The Board of County 13 Commissioners may require additional landscaping to enhance compatibility 14 with adiacent land uses. 15 f. On -site power lines shall be placed underground to the maximum extent 16 possible. 17 18 B. Solar Energy System. In addition to other applicable sections of this Code, a solar 19 energv system shall be subject to the following provisions: 20 21 1. All solar panels and devices are considered structures and subiect to the 22 requirements for such, together with all other applicable buildinq codes and 23 ordinances, unless otherwise provided for in this Code. Solar panels installed on 24 roofs are exempt from the building height requirements. Solar panels installed on 25 rooftops shall be located 2 feet from the roof edge. 26 2. Non -roof installed solar energy devices integrated into the architecture of the 27 building, such as the walls of the building, shall be no greater than 10 feet above 28 the maximum height requirements of the zoning district. 29 3. Ground or pole mounted systems shall be limited to a height of 10 feet above the 30 base floor elevation of the primary structure. 31 4. Solar energy systems shall not be located in front or side corner yards of anv 32 parce , un ess the followind are met: e conditions of the si a and acK yards 33 prohibit the installation of a system, and 2) the lot is one acre or greater, and 3) 34 adequate buffering along the adiacent roadway is provided and 4) the location is 35 approved by the Director of Planning and Development Services. 36 5. Solar pole mounted systems shall be setback not less than fifteen (15) feet from 37 any side or rear property line, or as required in the applicable zoning district, 38 whichever is greater. 39 6. Solar collectors may be co -located on communication towers, and parking lot and 40 street light poles, in which case the height and setback requirements for said 41 tower/pole shall apply. Date Page 14 of 17 Ordinance No.10-034 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 33 34 35 36 37 7. All exterior electrical lines and utility wires shall be buried underground, except electric lines and utility wires that lead from a roof top installation down the side of a structure. 8. The Board of County Commissioners may allow for a modification of these accessory use provisions when the proposed solar energy system will serve buildings within a planned development project. The modification shall be indentified on the site plan graphics and within the resolution granting approval to the planned development. 9. Waiver. In the event any of the provisions in Section 7.10.28 have the effect of prohibiting the installation of a solar energy system, the applicant shall have the right to apply for a waiver from these provisions to the Director of Planning and Development Services or designee. The Director may grant a waiver upon determining that strict application of the Code would result in prohibiting the installation of a solar energy system. 10. Any approval of a solar energy system does not create any actual or inferred solar energy system easement against adiacent property and/or structures. The owner and/or property owner of a solar energy system shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against future development adiacent to or higher than the property location of the solar energy system. The approval of any solar energy system granted by St. Lucie County shall not create any future liability or infer any vested rights to the owner and/or property owner of the solar energy system on the part of the County for any future claims against said issuance of approval of the solar energy system that result from reliance on this section or any administrative decision lawfully made thereunder. CHAPTER VIII ACCESSORY AND TEMPORARY STURCTURES AND USES 8.00.00. Accessory uses and structures are hereby amended to create: 8.00.03. Particular Permitted Accessory Structures and Uses in Residential, ITAWGROM Section 8.00.03 is hereby amended as follows: L. Solar energy system subject to the requirements of Section 7.10.28.(999) Date Page 15 of 17 Ordinance No.10-034 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 PART B. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. PART C. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. CODIFICATION It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. PART F. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. l� This Ordinance shall take effect upon filing of a certified copy of this Ordinance with the Department of State. Date Page 16 of 17 Ordinance No.10-034 1 PART H. ADOPTION 2 3 After motion and second, the vote on this ordinance was as follows: 4 5 Chairman Charles Grande XXX 6 7 Vice Chairman Chair Doug Coward XXX 8 9 Commissioner Chris Craft XXX 10 11 Commissioner Chris Dzadovsky XXX 12 13 Commissioner Paula A. Lewis XXX 14 15 PASSED AND DULY ADOPTED this th Day of , 2010. 16 17 BOARD OF COUNTY COMMISSIONERS 18 ST. LUCIE COUNTY, FLORIDA 19 20 21 BY 22 Chairman 23 24 25 ATTEST APPROVED AS TO FORM 26 AND CORRECTNESS 27 28 29 30 Deputy Clerk County Attorney 31 Date Page 17 of 17 Ordinance No.10-034 DRAFT Page 6 of 8 160 The Commission discussed why some of the changes were made to the map, and why it 161 would be moved from the Comp Plan to the Land Development Code with the assistance of 162 Mr. Harris. 163 Mr. Culverhouse asked whether specific roads were acquired yet. 164 Mr. Harris stated some of the proposed rights of way are developer driven, so the map will give 165 the County the legal right to request the right of way from the developer for impact fee credits 166 and or cash. 167 Mr. Mowery asked whether staff was comfortable with the fact that every time a change is 168 made to this map once it is in the LDC it will have to come before the Commission. 169 Mrs. DeWitt stated the amendments to the Comprehensive Plan are a more onerous process 170 than the amendments to the Code. 171 Mr. Harris stated in order to give us the legal right to exact the right of way from the developer; 172 it needs to have Board and Local Planning Agency review. 173 Ms. Young stated that is correct, by having it be formally adopted, it gives us protection, and it 174 makes it easier for developers to look at what is around their property. 175 Chairman Mundt opened the public hearing. 176 No one spoke. 177 Chairman Mundt closed the public hearing. 178 Mr. Lounds made the motion: 179 After considering the testimony presented during the public hearing, including 180 staff comments, I hereby move that the Planning and Zoning Commission of St. 181 Lucie County recommend that the St. Lucie County Board of County 182 Commissioners approve the text amendment to the Land Development Code to 183 include the updated Right -of -Way Protection Map because I think it provides us 184 with a consistent view of future land developments in St. Lucie County. 185 Ms. Caron seconded. The motion carried 5-0. 186 D. Solar Energy Ordinance: Ordinance No. 10-034 187 Petition of St. Lucie County to amend Chapters 2, 3, 4, 7 and 8 of and Land Development 188 Code relating to Solar Energy. Staff comments and presentation by Diana Waite. Planning and Zoning Commission September 16, 2010 Minutes DRAFT Page 7 of 8 189 The Commission discussed the types of solar usage covered in the ordinance, and incentives 190 that may be offered to encourage solar use. 191 Chairman Mundt opened the public hearing. 192 No one spoke. 193 Chairman Mundt closed the public hearing. 194 Mr. Lounds made the motion to recommend approval of Ordinance 10-034. 195 Mr. Mowery seconded. The motion carried 5-0. 196 E. Eminent Domain Waivers Ordinance: Ordinance No. 10-033 197 Petition of St. Lucie County to amend the St. Lucie County Land Development Code to 198 provide for Eminent Domain Waivers by amending Section 2.00.00 "Definitions" to 199 include definitions of Acquiring Authority and Eminent Domain Waiver; further 200 amending Chapter 10 to add Section 10.03 "Eminent Domain Wavier" to provide for a 201 waiver where Eminent Domain action renders a site non -conforming; amending Board 202 of Adjustment power to include these waivers; providing for conflicting provisions; 203 providing for applicability; providing for severability; providing for filing with the 204 Department of State; providing an effective date; providing for adoption and providing 205 for codification. Staff comments and presentation by the County Attorney's Office. 206 Ms. Smith presented the ordinance. 207 The Commission discussed how the property owners' rights would be affected under this 208 ordinance. -- 209- 11 Ar. Gulverheuse-sugge-steel language othe ordinance Rtatong it would ► of _ - - 210 introduced into evidence in any trial on the issue of severance damages. 211 Mr. Mowery suggested since there is no time constraint, the item be continued to review the 212 cases Mr. Culverhouse cited. 213 The Commission further discussed how the property owners' rights would be affected under 214 the ordinance. 215 Mr. Mundt stated based on the comments we will send this back for further discussion, and he 216 would like Mr. Culverhouse to meet with the County Attorney's office about it. 217 Chairman Mundt opened the public hearing. 218 No one spoke. Planning and Zoning Commission September 16, 2010 Minutes ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA OCTOBER 19, 2010 NOTICE OF LAND DEVELOPMENT CODE TEXT CHANGE The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following ordinance: ORDINANCE NO. 10-034 (Renumbered from Ordinance 10-014) AN ORDINANCE OF THE ST LUCIE BOARD OF COUNTY COMMISSIONERS AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE REGARDING SOLAR ENERGY BY AMENDING SECTION 2.00.00 DEFINITIONS; BY AMENDING SECTION 3.01.03 ZONING DISTRICTS; BY AMENDING SECTION 4.03.03 LIMITATIONS ON LAND USE APPLICATIONS AND 4.03.05 RESEARCH AND EDUCATION PARK OVERLAY ZONE USE LIMITATIONS; BY CREATING SECTION 7.10.28 SOLAR ENERGY SUPPLEMENTAL STANDARDS; BY AMENDING SECTION 8.00.03 PARTICULAR PERMITTED ACCESORY STRUCTURE AND USES IN RESIDENTIAL, AGRICULTURAL, AND PLANNED UNIT DEVELOPMENTS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE APPLICANT: St. Lucie County LOCATION OF AFFECTED PROPERTY: Unincorporated St. Lucie County The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, October 19. 2010 beginning at 600 P.M. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call 772/462-2822 orTDD 772/462-1428 if you have any questions or require additional information. -The St. Lucie County Board of County ommissioners as e power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO Section 286.0105. Florida Statutes, if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date - certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Risk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 orTD.D. (772)462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA /S/ CHARLES GRANDE. CHAIRMAN PUBLISH DATE: October 5, 2010 AGENDA REQUEST ITEM NO. III-D DATE: 09/16/2010 REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) TO: Planning and Zoning Commission PRESENTED BY: Diana Waite ZZJ SUBMITTED BY: Planning & Development Services Department Senior Planner SUBJECT: Ordinance No. 10-034 - Solar Energy Ordinance BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Planning & Zoning Commission forward Ordinance No. 10-034 to the Board of County Commissioners with a recommendation of approval. Coordination/Signatures County Attorney (X) County Surveyor Y (X ) Daniel S. McIntyre Ron Harris County Engineer ( X ) Wp Michael Powley 1 Originating Dept. (X)r i�?j I ark Sat erlee ERD (X ) /A YJe Karen Smith Planning and Development Services Department MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Director Kara Wood, Planning Manager /) FROM: Diana Waite, AICP, Senior Planner kk-) Planning Division DATE: September 16, 2010 SUBJECT: Draft Ordinance 10-034 —Solar Energy Ordinance ITEM NO. III-D The purpose of this ordinance is to provide clear standards for the development and use of solar energy in the County's Land Development Code (LDC) through revisions of Chapters 2, 3, 4, 7 and 8. It is further the intent of the proposed ordinance to encourage the generation and use of renewable energy while providing the minimum regulations necessary to ensure compatibility with adjacent land uses. The ordinance is also intended to be consistent with Florida Statutes Section 163.04, which prohibits the adoption of an ordinance that "prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources." The proposed draft ordin nc accomplishes the following_ • Recognizes solar panels as accessory uses in all zoning districts; • Exempts roof -installed solar panels from the building height limitations; • Provides regulations to ensure solar systems are compatible with development on adjacent property; • Allows a Solar Generation Station as a conditional use in the AG-5 (Agricultural — 1 du/5ac), AG-2.5 (Agricultural — 1 du/2.5ac), AG-1 (Agricultural — 1 du/ac), and the U (Utilities) Zoning Districts; • Allows a Solar Generation Station in the 10% Open Space area of the PTV (Planned Towns and Villages) Zoning District; • Amends the Research and Education Park Overlay Zone to allow Solar Generation Station as a conditional use within Zone B; and • Creates Land Development Code Supplemental Standards to provide specific criteria for the proposed solar uses. BACKGROUND INFORMATION: Development of the proposed solar ordinance was initiated by Commissioner Coward's request to identify potential obstacles to the installation of solar energy systems in St. Lucie County and to review other jurisdictional regulations related to the use. To address solar energy issues, a Solar Solar Energy September 16, 2010 Page 2 Working Group was established to identify potential obstacles in the Land Development Code or Building Code for removal and to review ordinances from other jurisdictions regarding the installation of solar equipment. The proposed draft ordinance is the result of the group's findings and subsequent evaluations. After legal review, a draft solar ordinance was forwarded to the Development Review Committee, the Treasure Coast Regional Planning Council staff and solar industry professionals for review and comment. The majority of recommendations received were incorporated into the proposed draft ordinance. One exception is the request by Florida Power and Light to allow Solar Generation Stations as a permitted use, rather than a conditional use, as proposed by staff. It is staff's assessment that these solar powered electric generation plants should be a conditional use so that potential impacts can continually be addressed on a case -by case basis as the technology of these facilities continues to develop. The proposed Solar Generation Station is on the County's Targeted Industries List as "Solar Energy" and would be eligible for the County's expedited development review procedures. The difference in the timeframe for approval with or without the concurrent Conditional Use Permit should be minimal as a Major Site Plan is required for the proposed use. SUMMARY: The proposed ordinance generally addresses two for the on -site power needs of a single user or Generation Stations, or commercial solar facilities. Solar Energy System uses: Solar Energy Systems intended to provide development, including rooftop solar, and Solar A Solar Energy System provides energy to on -site buildings that are generally roof mounted or incorporated into the building structure The proposed LDC amendments related to this accessory use include: 1. Add the definition of Solar Energy System to Chapter 2: Srt the installation_of rooftop installed solar panels by exempting them from the zoning district height requirements as defined in Chapter 2. 3. Add "Solar Energy System" to the list of accessory uses in all zoning districts, subject to a new supplemental standard section, LDC Section 7.10.28. This will address panels to be installed on the roof, ground or pole mounted. 4. Add "Solar Energy System" to the list of accessory uses in Chapter 8, Accessory and Temporary Structures and Uses. A Solar Energy System may only be installed as an accessory to the permitted use on the property. A property owner that has not established a principal use of the property cannot install a Solar Energy System. Solar Generation Station A Solar Generation Station, also known as a solar plant, solar generation plant, solar farm, solar power plant, or thermal power plant, is a commercial power generation facility that utilizes solar energy to produce and distribute electricity to off -site users. The facility is proposed as a conditional use subject to minimal supplemental criteria in the AG-2.5, AG-5, AG-1 and U (Utilities) Zoning Districts and as Open Space in the PTV Zoning District. The proposed LDC amendments related to this conditional use include: Solar Energy September 16, 2010 Page 3 1. Add the definition of Solar Generation Station to Chapter 2: 2. Add "Solar Generation Station" to the list of conditional uses in the AG-2.5, AG-5, AG-1 and U (Utilities) Zoning Districts, subject to supplemental standards proposed for incorporation into LDC Section 7.10.28. A Conditional Use Permit is recommended to ensure full staff and governing body review is provided to identify and address any potential negative impacts. Approval through the conditional use process will allow the surrounding residents to be notified of the proposed solar generation station. Although it is expected this use would be located close to existing transmission lines, a new station could mean new transmission lines as well. 3. Add "Solar Generation Station" to the 10% Open Space option in the PTV Zoning District. Solar energy is a designated Targeted Industry and as such may currently be located in the PTV Zoning District as Open Space in lieu of Countryside. The proposed amendment would specify "Solar Generation Station" as a separate Open Space option. 4. Revise the Research and Education Park Overlay Zone to allow "Solar Generation Station" as a conditional use in Zone B of the park, subject to supplemental standards proposed for incorporation into LDC Section 7.10.28. All of Zone B is within an AG-2.5 Zoning District. 5. Add supplemental standards for these commercial facilities, including: • Require the submittal of a Major Site Plan application concurrent with the required application for a Conditional Use Permit. • Restrict access to solar stations by fencing or/and walls with details to be provided for review and approval as part of the required site plan. • Restrict placement of solar generation stations from wetlands and other environmentally sensitive in compliance with the provisions of the County's Comprehensive Plan and Land Development Code. • Require a 50-foot minimum setback from any lot line under separate ownership in the AG-2.5 and AG-5 Zoning Districts. • _ The maximum lot coverage by solar ground or pole mounted panels and associated support buildings and equipment shall be shown on the site plan and determined -Ty the --Board of County Commissioners. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for the proposed amendment, the Board of County Commissioners shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed text amendment will not be in conflict with the St. Lucie County Land Development Code (LDC) and has met the standards of review in Section 11.06.03. The proposed text amendment recognizes and provides criteria to guide the installation of solar energy systems on individual homes and businesses and allows for the development of commercial solar generation facilities within western St. Lucie County, the Town, Villages and Countryside (TVC) and the Research and Education Park. Solar Energy September 16, 2010 Page 4 Within the AG-5, AG-2.5, AG-1 and U Zoning Districts Zone a solar generation station is proposed as a conditional use. The county contains 190,010 acres within the AG-2.5 and AG-5 Zoning Districts, with 617 parcels over 50 acres in size. Within the AG-1 Zoning, there are 20,491 acres zoning, with 87 parcels over 50 acres in size. The majority of AG-1 Zoning is located within the TVC boundary. Within the TVC boundary, AG-1 Zoning is applied to the majority of the lands. As proposed, the solar ordinance would allow solar generation stations to be located within this zoning district as a conditional use. Within new Planned Towns and Villages, a solar generation station currently be developed on up to 10% of the countryside under the provision for Targeted Industries. The proposed ordinance will specify the Solar Generation Station as a specific option. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed text amendment is consistent with all elements of the St. Lucie County Comprehensive Plan and will further the following existing and proposed (transmitted EAR amendments) goals, objectives and policies: • Future Land Use Policy 1.4.2.4 — Review the Land Development Code and consider appropriate standards for use of alternate, renewable sources of energy including the use of solar panels except in environmentally sensitive areas by 2012. An Evaluation and Appraisal Report (EAR) based amendment, final adoption pending. • Future Land Use Policy 1.1.11.1: St. Lucie County shall actively assist to the maximum extent practical in the recruitment of clean high growth industrial activities. • Economic Policy 10.2.1.4, Supports the development of targeted industries, including the production of clean energy. The County's Targeted Industry list includes Solar Energy. An EAR based amendment policy, final adoption pending. 3. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses; The proposed text amendment would result in development that is consistent with the existing and proposed land uses. Given that the majority of unincorporated St. Lucie County is zoned AG-5 or AG- 2.5, staff recommends that these facilities be allowed as a conditional use. The conditional use process will provide notification to the surrounding property owners and allow for the addition of any conditions of approval the Board may wish to add. Compatibility with existing and proposed land uses is also addressed by the recommended supplemental standards to be incorporated into LDC Section 7.10.28. 4. Whether there have been changed conditions that require an amendment; Efforts underway at the national and state level to reduce greenhouse gas emission have resulted in the setting of goals, adoption of regulations, and promotion of grants and incentives to require that local governments implement strategies and practices that reduce the use of fossil fuels and provide alternative energy sources, such as solar power. On July 1, 2008, House Bill 697 was adopted that requires inclusion of energy efficient land use patterns, greenhouse gas reduction strategies and energy conservation in future land use elements of local comprehensive plans. This requirement is being addressed in the County's recent transmittal of the comprehensive plan amendments and will be furthered by inclusion of the proposed solar energy provisions into the land development code. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage Solar Energy September 16, 2010 Page 5 facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed amendment does not approve any specific development. Future Solar Generation Stations are not expected to result in excess demands on public facilities. Once installed the facilities are expected to have minimal public facility demands. Prior to issuance of any final development order for the solar operation, the applicant must obtain a Certificate of Capacity to demonstrate sufficient capacity in services is available to serve the property. Solar Energy Systems are accessory uses that would not generate new trips or demands on public facilities. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed text amendment would not result in adverse impacts on the natural environment. The proposed amendment will facilitate the development and utilization of solar energy to reduce future emissions from fossil fuels and protect the County's natural environment. All future solar developments and installations will be subject to the County's existing Resource Protection Standards. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed text amendment will result in an orderly and logical development pattern, in part through the provision of supplemental standards to ensure compatibility with adjacent land uses. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The proposed solar energy ordinance is a continuation of the County's efforts to develop sustainably. Specifically, the proposed ordinance will further the St. Lucie County Greenprint Goal IV: Support Energy Conservation and Clean Energy Alternatives. This goal was adopted as part of the policies and procedures put in place to obtain the Florida Green Building Coalition's Green County gold certification based upon the County's sustainability goals to promote renewable energy and a green economy. Staff recommends the Planning and Zoning Commission forward a recommendation that the Board of County Commissioners approve this petition. COUNTY F LORI D A Environmental Resources Department Companion Report TO: Planning and Zoning Commission THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Senior Environmental Planner Jennifer Evans, Senior Environmental Planner DATE: September 1, 2010 SUBJECT: Draft Ordinance 10-034 — Solar Energy Ordinance Background The Planning & Development Services Department requested Environmental Resources Department (ERD) input on the proposed Solar Energy Ordinance. Findings ERD findings are presented in the ERD Final Report, which has been included in the agenda packet. Recommendations ERD supports approval of the proposed ordinance. Si ature COC.INTY . F L O R I D A Environmental Resources Department Final Report TO: Diana Waite, Planning & Development Services Department THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Yvette Alger, Senior Environmental Planner Jennifer Evans, Senior Environmental Planner DATE: September 1, 2010 SUBJECT: Draft Ordinance 10-034 — Solar Energy Ordinance Background The Environmental Resources Department (ERD) received the Planning and Development Services' Ordinance No. 10-034 for a text amendment to the Land Development Code on June 18, 2010. The purpose of the ordinance is to provide clear standards for the development and use of solar energy in the County's Land Development Code. Findings Staff recommendations regarding protection of environmental resources, such as wetlands and other environmentally sensitive habitats, and landscaped buffering of solar generation stations have been incorporated into the draft ordinance. Recommendation ERD supports the Planning and Development Department recommendation of approval. Please contact Yvette Alger or Jennifer Evans at 772-462-2526 if you have any questions. S \erd\Environmental Regulations\SITE PLANS\Solar Energy Ordinance\Solar Energy Ordinance Final Rpt docx 1 ORDINANCE NO. 10-034 2 3 AN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY 4 COMMSISSIONERS AMENDING THE ST. LUCIE COUNTY LAND 5 DEVELOPMENT CODE REGARDING SOLAR ENERGY BY AMENDING 6 SECTION 2.00.00; BY AMENDING SECTION 3.01.03 ZONING 7 DISTRICTS; BY AMENDING SECTION 4.03.03 .LIMITATIONS ON LAND 8 USE APPLICATIONS AND 4.03.05 RESEARCH AND EDUCATION 9 PARK OVERLAY ZONE USE LIMITATIONS; BY CREATING SECTION 10 7.10.28 SOLAR ENERGY SUPPLEMENTAL STANDARDS; BY 11 AMENDING SECTION 8.00.03 PARTICULAR PERMITTED ACCESORY 12 STRUCTURE AND USES IN RESIDENTIAL, AGRICULTURAL, AND 13 PLANNED UNIT DEVELOPMENTS; PROVIDING FOR CONFLICTING 14 PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR 15 FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR 16 ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE 17 18 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has 19 made the following determinations: 20 21 1. The Board of County Commissioners has declared the utilization of sustainable 22 practices a matter of public policy. This includes a commitment to protecting 23 natural resources and providing an environment to reduce reliance and 24 expenditures on non-renewable resources in the County. 25 26 2. Solar energy is an abundant, renewable, and nonpolluting energy resource and 27 its conversion to electricity will reduce our dependence on non-renewable energy 28 resources and decrease the air and water pollution resulting from conventional 29 energy resources. 30 n August--r-1990, the Board-of-County-C-ornmissionefs-of-St.-Lucie County, 32 Florida, adopted the St. Lucie County Land Development Code and has adopted 33 amendments to the Land Development Code through certain ordinances. 34 35 4. On September 8, 2009, the Board of County Commissioners adopted a 36 Greenprint plan that promotes an increase in renewable energy resources and 37 low carbon emitting electrical power to guide the County towards a sustainable 38 future. 39 40 5. On 2010, the Local Planning Agency/Planning and Zoning 41 Commission held a public hearing on the proposed ordinance after publishing Date Page 1 of 17 Ordinance No.10-034 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 32 33 34 35 36 37 38 39 40 41 42 notice in the St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 6. On , 2010, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on 7 0 On , 2010 this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, and objectives of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: The St. Lucie County Land Development Code is hereby amended by deleting the following words shown in strike -through type and adding the words shown in underlined type: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS: CHAPTER II DEFINITIONS Height: The vertical distance between the minimum finished grade and the highest finished main roof surface in the case of flat roofs or shed roofs, the deck line of a mansard roof and the average distance between the eaves and the ridge of sloped roof with a pitch greater than a 4:12 ratio. For the purpose of this Code, minimum finished grade shall be that elevation, for both residential and nonresidential uses, required to meet minimum flood protection regulations. For the purposes of this code, roof mounted solar energv panels are exempt from the building height limitations. Solar Access: The access of a solar energv system to direct sunlight. Date Page 2 of 17 Ordinance No.10-034 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 -- -3t— 32 33 34 35 36 37 38 39 40 41 42 Solar Generation Station: An energy generation facility comprised of one or more freestanding ground mounted devices that capture solar energy and convert it to electrical energy for use in locations other than where it is generated. Solar generation stations typically utilize photovoltaic solar cells but can also be combinations of light reflectors concentrators and heat exchangers A solar generation station is also known as a solar plant solar generation plant solar farm solar power plant or solar thermal power plant. Solar Energy System: Any device or combination of devices or elements which rely upon direct sunlight as an energv source including but not limited to any substance or device which collects sunlight for use in the heating or cooling of a structure or building, the heating or pumping of water, or the generation of electricity. A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include but are not limited to serving as a structural member of part of the roof of a building or structure and serving as a window or wall. A solar energv system may be mounted on the building or on the ground and is not the principal use of the property. CHAPTER III ZONING DISTRICTS 3.01.03. Zoning Districts Solar Energy Systems subject to the requirements of Section 7,10.28, are hereby added to the list of accessory uses in all zoning districts except the R/C (Residential/Conservation) where solar energy systems will be added to the list of conditional uses. A. AG-1 AGRICULTURAL - 1 1. Purpose pu-rpose-0f t is JI L�� L iTL. provide and--protnment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per gross acre. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses a. Agricultural production - crops (01) b. Agricultural production - livestock & animal specialties (02) c. Agricultural services (07) Date Page 3 of 17 Ordinance No.10-034 32 33 34 35 36 37 38 39 40 41 42 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 & trapping (09) g. Forestry (08) h. Kennels. (0752) i. Research Facilities, Noncommercial (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with 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 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 & kindred products (20) (3) Lumber & wood products, except furniture (24) i. Mining and quarrying of nonmetalic minerals, except fuels. (14) j. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel & accessory stores. (56) Date Ordinance No.10-034 Page 4 of 17 1 k. Sewage disposal subject to the requirements of Section 7.10.13. (999) 2 I. Telecommunication Towers - subject to the standards of Section 7.10.23 (999) 3 m. Camps - sporting and recreational. (7032) 4 n Solar generation station subiect to the requirements of Section 7.10.28 (999). 5 6 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, 7 and include the following: 8 9 a. Mobile homes subject to the requirements of Section 7.10.05. 10 b. Retail trade and wholesale trade - subordinate to the primary authorized use or 11 activity. 12 c. Guest house subject to the requirements of Section 7.10.04. (999) 13 d Solar energy systems subject to the requirements of Section 7.10.28 (999). 14 15 B. AGRICULTURAL - 2.5. 16 17 1. Purpose. The purpose of this district is to provide and protect an environment 18 suitable for productive commercial agriculture, together with such other uses as may 19 be necessary to and compatible with productive agricultural surroundings. 20 Residential densities are restricted to a maximum of one (1) dwelling unit per two 21 and one-half (2.5) gross acres. The number in "( )" following each identified use 22 corresponds to the SIC code reference described in Section 3.01.02(B). The number 23 999 applies to a use not defined under the SIC code but may be further defined in 24 Section 2.00.00 of this Code. 25 26 2. Permitted Uses: 27 a. Agricultural production - crops. (01) 28 b. Agricultural production - livestock and animal specialties. (02) 29 c. Agricultural services. (07) 30 d. Family day care homes. (999) aced within a 32 radius of one thousand (1,000) feet of another existing such family residential home 33 and provided that the sponsoring agency or Department of Health and Rehabilitative 34 Services (HRS) notifies the Board of County Commissioners at the time of home 35 occupancy that the home is licensed by HRS. (999) 36 f. Fishing, hunting and trapping. (09) 37 g. Forestry. (08) 38 h. Kennels. (0752) 39 i. Research Facilities, Noncommercial. (8733) 40 j. Riding stables. (7999) 41 k. Single-family detached dwellings. (999) 42 Date Ordinance No.10-034 Page 5 of 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 32 33 34 35 36 37 38 39 40 41 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off -Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7 Conditional Uses: a. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance. (4581) c. Airports and flying, landing, and takeoff fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) f. Gasoline service stations. (5541) g. Industrial wastewater disposal. (999) h. Manufacturing: (1) Agricultural chemicals. (287) (2) Food and kindred products. (20) (3) Lumber and wood products, except furniture. (24) i. Mining and quarrying of nonmetallic minerals, except fuels. (14) j. Radio, television, and microwave communication stations and towers. (999) k. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel and accessory stores. (56) ^n 1. 1S)ewage disposal _subject to the req --eme� of- -(999)— m. Camps - sporting and recreational. (7032) n. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. o. Solar generation station subject to the requirements of Section 7.10.28 (999). 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. Date Page 6 of 17 Ordinance No.10-034 1 b. Retail trade and wholesale trade - subordinate to the primary authorized use or 2 activity. 3 c. Guest house subject to the requirements of Section 7.10.04. (999) 4 d Solar energy systems subiect to the requirements of Section 7.10.28 (999). 5 6 C. AG-5 AGRICULTURAL - 5. 7 8 1. Purpose. The purpose of this district is to provide and protect an environment 9 suitable for productive commercial agriculture, together with such other uses as may 10 be necessary to and compatible with productive agricultural surroundings. 11 Residential densities are restricted to a maximum of one (1) dwelling unit per five (5) 12 gross acres. The number in "( )" following each identified use corresponds to the SIC 13 code reference described in Section 3.01.02(B). The number 999 applies to a use 14 not defined under the SIC code but may be further defined in Section 2.00.00 of this 15 Code. 16 17 2. Permitted Uses: 18 19 a. Agricultural production - crops. (01) 20 b. Agricultural production - livestock and animal specialties. (02) 21 c. Agricultural services. (07) 22 d. Family day care homes. (999) 23 e. Family residential homes provided that such homes shall not be located within a 24 radius of one thousand (1,000) feet of another existing such family residential 25 home and provided that the sponsoring agency or Department of Health and 26 Rehabilitative Services (HRS) notifies the Board of County Commissioners at the 27 time of home occupancy that the home is licensed by HRS. (999) 28 f. Fishing, hunting and trapping. (09) 29 g. Forestry. (08) 30 h. Kennels. (0752) 32 j. Riding stables. (7999) 33 k. Single-family detached dwellings. (999) 34 I. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 35 36 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 37 7.04.00. 38 39 4. Dimensional Regulations. Dimensional requirements shall be in accordance with 40 Section 7.04.00. 41 Date Page 7 of 17 Ordinance No.10-034 1 5. Off -Street Parking and Loading Requirements. Off-street parking and loading 2 requirements are subject to Section 7.06.00. 3 4 16. Landscaping Requirements, Landscaping Requirements are subject to Section 5 1 7.09.00. 6 7 7. Conditional Uses: 8 9 a. Agricultural labor housing. (999) 10 b. Aircraft storage and equipment maintenance. (4581) 11 c. Airports and flying, landing, and take -off fields. (4581) 12 d. Family residential homes located within a radius of one thousand (1,000) feet of 13 another such family residential home. (999) 14 e. Farm products warehousing and storage. (4221 /4222) 15 f. Gasoline service stations. (5541) 16 g. Industrial wastewater disposal. (999) 17 h. Manufacturing: 18 (1) Agricultural chemicals. (287) 19 (2) Food and kindred products. (20) 20 (3) Lumber and wood products, except furniture. (24) 21 i. Mining and quarrying of nonmetallic minerals, except fuels. (14) 22 j. Retail trade: 23 (1) Farm equipment and related accessories. (999) 24 (2) Apparel and accessory stores. (56) 25 k. Sewage disposal subject to the requirements of Section 7.10.13. (999) 26 I. Camps - sporting and recreational. (7032) 27 m. Off -Road Vehicle Parks, except go-cart raceway operation or rentals (7999), 28 subject to the requirements of Section 7.10.21. (999) 29 n. Outdoor shooting ranges, providing site plan approval is obtained according to 30 the provisions of Sections 11.02.07 through 11,02.09 and Section 7.10.19 of this -- Gode.-- - - 32 j. Solar generation station subject to the requirements of Section 7.10.28 (999). 33 34 8. Accessory Uses. Accessory uses are subject to the requirements of Section 35 8.00.00, and include the following: 36 37 a. Mobile homes subject to the requirements of Section 7.10.05. 38 b. Retail trade and wholesale trade - subordinate to the primary authorized use or 39 activity. 40 c. Guest house subject to the requirements of Section 7.10.04. (999) 41 d Solar energy system subiect to the requirements of Section 7.10.28.(999) 42 Date Ordinance No.10-034 Page 8 of 17 1 W. U UTILITIES 2 3 1. Purpose. The purpose of this district is to provide and protect an environment 4 suitable for utilities, transportation, and communication facilities, together with such 5 other uses as may be compatible with utility, transportation, and communication 6 facility surroundings. The number in "()" following each identified use corresponds to 7 the SIC code reference described in Section 3.01.02(B). The number 999 applies to 8 a use not defined under the SIC code but may be further defined in Section 2.00.00 9 of this code. 10 11 2. Permitted Uses: 12 13 a. Air transportation services (451,452) 14 b. Agriculture, including farms, groves, and ranches. (01,02) 15 c. Communication. (48) 16 d. Electric services (491) 17 e. Electric transmission rights -of -way. (491) 18 f. Gas pipeline rights -of -way. (492) 19 g. Gas production and distribution (492) 20 h. Industrial wastewater disposal. (999) 21 i. Railroad, rapid rail transit, & street railway transportation. (40,41) 22 j. Sanitary services (495) 23 k. Transportation services (47) 24 I. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 25 m. Water supply and irrigation systems. (494,497) 26 n. Water transportation (44) 27 28 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 29 7.04.00. 30 Dirnens�enal-requlreTr;;e - shall-1*-in-accordance with 32 Section 7.04.00. 33 34 5. Off-street Parking and Loading Requirements. Off-street parking and loading 35 requirements are subject to Section 7.06.00. 36 37 6. Landscaping Requirements. Landscaping requirements are subject to Section 38 7.09.00. 39 40 7. Conditional Uses: 41 42 a. Airports. (458) Date Page 9 of 17 Ordinance No.10-034 32 33 34 35 36 37 38 39 40 41 42 b. Electric generation plants. (491) c. Gas production plants. (492) d. Land clearing and yard trash recycling operations - subject to the provisions of Section 7.10.12. (999) e Natural or manufactured gas storage and distribution points. (492) f. Protective functions and their related activities - Correctional institutions (9223) g. Solid waste disposal. (4953) h. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. (999) i Solar generation station subject to the requirements of Section 7.10.28. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Automobile and truck rental services. b. Restaurants. (Including the sale of alcoholic beverages for on premises consumption only.) (999) c Solar energy system subiect to the requirements of Section 7.10.28.(999) EE. PTV (PLANNED TOWN OR VILLAGE) 2. Standards and Requirements. Standards and requirements for Planned Town or Villages shall be as follows: o. Open space and Countryside Standards. Date (2) Open Space and Countryside Requirements. Where Section 3.01.03.EE.2.b. provides that up to 10% of a new Town or Village may be designated Open Space in lieu of Countryside, this allowance may be fulfilled by land that is restricted to a combination of the following Open Space components; however, all Fringe or Rural areas that are not designated in the regulating plan as reserved for an Open Space or Countryside component shall be limited in the future to Countryside uses: 8) Solar generation station subiect to the supplemental standards in Section 7.10.28. Page 10 of 17 Ordinance No.10-034 1 CHAPTER IV SPECIAL DISTRICTS 2 3 4.03.00. RESEARCH AND EDUCATION PARK - OVERLAY ZONE 4 5 Section 4.03.00 is hereby amended as follows: 6 7 Section 4.03.03. Limitations on Land Use Applications. 8 9 Any Future Land Use Map Change within the Overlay Zone shall be to Special District 10 (SD - Research and Education Park). All applications for a change in zoning within the 11 Research and Education Park Overlay Zone shall be to Planned Non -Residential 12 Development (PNRD). All building permit applications shall be reviewed and approved 13 by the Growth Management Department Director or their assigns prior to the issuance 14 of construction authorizations within the Research and Education Park Overlay Zone. 15 16 The appropriate location and mix of uses will be determined through the planned 17 development process in a manner that adheres to the guidelines and standards set forth 18 in this overlay zone and the Research and Education Park Master Plan. Uses are to be 19 segregated as to intensity and are to ensure compatibility with lands outside the overlay 20 zone. 21 22 The following sub -zones are created to identify the type of permitted, conditional and 23 accessory uses allowed within Zone A and Zone B. The specific uses are identified 24 below and Section 4.03.05. LAND USE OPTIONS ZONE A ZONE B RESEARCH EDUCATION ZONE RESEARCH AGRICULTURE ZONE ] PNRD: Allows agriculture, office, research, aP4 institutional and light manufacturing (as identified under 4.03.05) uses. PNRD: Allows agriculture and research (as identified i Rder the permitted „cam ideRtified in Section 4.03.05). fate 25 26 4.03.05. Research and Education Park Overlay Zone Use Limitations. 27 Date Page 11 of 17 Ordinance No.10-034 1 The purpose of these regulations is to provide and protect an environment suitable for 2 agriculture, education, and research with such other uses as may be necessary to and 3 compatible with these primary uses. Uses are identified by their SIC (Standard Industrial 4 Classification) Code (00). The identified use shall only be allowed when consistent with 5 the properties Future Land Use Designation and the Zone A and B Land Use Options 6 set forth in Section 4.03.03 and the Research and Education Park Master Plan. 7 8 A. Permitted Uses. (Notes: The uses below include the life sciences with a focus on 9 agriculture and education) 10 11 The permitted uses in Zone A and Zone B shall be: 12 13 1.) Agriculture Production — crops (SIC 01) 14 1 2.) Animal Aquaculture (SIC 0273) 15 3.) Education Services and Facilities (SIC 82) 16 (Notes: Includes establishments engaged in non-commercial agriculture and 17 biological research and development; such as, agriculture, food and medicine) 18 19 The permitted uses in Zone A only shall included: 20 21 1.) Research, Development, and Testing Services (SIC 873) 22 (Notes: Includes establishments engaged in commercial and manufacturing 23 physical and biological research and development; such as, agriculture, food and 24 medical research, and x-ray machine inspection services) 25 26 B. Conditional Uses. (Notes: The uses below primarily include those associated with 27 the manufacturing and support of the life sciences or the Park in general, such as 28 business services.) 29 30 The conditional uses within Zone A shall be: 32 1.) Manufacturing: 33 a. Food & kindred products (SIC 20) 34 b. Drugs (SIC 283) 35 c. Soap, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and 36 other Toilet Preparations (SIC 284) 37 d. Agricultural chemicals (SIC 287) 38 e. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical 39 and Optical Goods; Watches and Clocks (SIC 38) 40 2.) Financial Institutions (SIC 60 and 61) 41 3.) Business Services (SIC 73) 42 4.) Solar Generation Station subject to the requirements of Section 7.10.28. (999) Date Page 12 of 17 Ordinance No.10-034 1 2 3 The conditional uses within Zone B shall be: 4 5 1.) Solar generation station subject to the requirements of Section 7.10.28. (999) 6 7 C. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, 8 and include the following: 9 10 1.) Residential units may be permitted as accessory uses to educational facilities, 11 when approved through the Planned Development process. 12 2.) Solar energy systems subject to the requirements of Section 7.10.28 (999). 13 14 15 CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 16 17 7.00.00. General Provisions 18 19 7.10.00. Supplemental Standards. 20 21 Section 7.10.00 is hereby amended to create a new Section 7.10.28 "Solar Energy" as 22 follows: 23 24 7.10.28 Solar Energy 25 26 The following provisions are intended to facilitate the commercial generation and 27 distribution of solar power and the use of on -site solar energy systems to meet the 28 energy demands of buildings and support facilities in the unincorporated County. 29 30 A. Solar Generation Station In addition to other applicable sections of this Code, a 131 solar aeneratmo"tation shall be subiect to the following. 32 33 1. Solar generation stations shall require submittal of a Major Site Plan application 34 concurrent with a Conditional Use Permit when required. The development shall 35 be subject to the following supplemental criteria: 36 37 a. Physical access to a solar generation station shall be restricted by fencing or 38 walls Razor wire is prohibited All fencing and wall details shall be provided 39 for review and approval as part of the required site plan. 40 b. The devices that capture energy and convert it to electricity shall not be 41 placed in wetlands environmentally sensitive resources or habitats, imperiled 42 and critically imperiled habitats as defined by the Florida Natural Areas Date Ordinance No.10-034 Page 13 of 17 1 Inventory, and buffers. Any environmental impacts from such devices, or any 2 component of a solar generation station shall only be allowed in compliance 3 with the provisions of the County's Comprehensive Plan and Land 4 ! Development Code. 5 c. All devices that capture and convert energv to electricity shall be located at 6 least 50 feet from any lot line under separate ownership. 7 d. The maximum lot coverage by structure, including solar ground or pole 8 mounted panels for the zoning district may be waived by the Board of County 9 Commissioners. The approved maximum lot coverage shall be shown on the 10 site plan and specified in the resolution approving the development. 11 e. All solar generation station sites must comply with the landscaping and 12 screening requirements of the Land Development Code. The Board of County 13 Commissioners may require additional landscaping to enhance compatibility 14 with adjacent land uses. 15 f. On -site power lines shall be placed underqround to the maximum extent 16 possible. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 32 33 34 35 36 37 38 39 40 41 B. Solar Energy System. In addition to other applicable sections of this Code, a solar energy system shall be subiect to the following provisions: Date All solar panels and devices are considered structures and subiect to the requirements for such together with all other applicable building codes and ordinances unless otherwise provided for in this Code. Solar panels installed on roofs are exempt from the building height requirements Solar panels installed on rooftops shall be located 2 feet from the roof edge. Non -roof installed solar energy devices integrated into the architecture of the building, such as the walls of the building shall be no greater than 10 feet above the maximum height requirements of the zoning district. Ground or pole mounted systems shall be limited to a height of 10 feet above the base floor elevation of the primary structure. parcel unless the following are met: 1) the conditions of the side and back yards prohibit the installation of a system and 2) the lot is one acre or greater, and 3) adequate buffering along the adiacent roadway is provided and 4) the location is approved by the Director of Planning and Development Services. Solar pole mounted systems shall be setback not less than fifteen (15) feet from any side or rear property line or as required in the applicable zoning district whichever is greater. Solar collectors may be co -located on communication towers, and parking lot and street liaht poles, in which case the height and setback requirements for said tower/pole shall a Page 14 of 17 Ordinance No.10-034 2 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 32 33 34 35 36 37 38 7. All exterior electrical lines and utility wires shall be buried underground, except electric lines and utility wires that lead from a roof top installation down the side of a structure. 8. The Board of County Commissioners may allow for a modification of these accessory use provisions when the proposed solar energy system will serve buildings within a planned development proiect. The modification shall be indentified on the site plan graphics and within the resolution granting approval to the planned development. 9. Waiver. In the event any of the provisions in Section 7.10.28 have the effect of prohibiting the installation of a solar energy system the applicant shall have the right to apply for a waiver from these provisions to the Director of Planning and Development Services or designee The Director may grant a waiver upon determining that strict application of the Code would result in prohibiting the installation of a solar energy system. 10. Any approval of a solar energy system does not create any actual or inferred solar energy system easement against adjacent property and/or structures. The owner and/or property owner of a solar energy system shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against future development adjacent to or higher than the property location of the solar energy system The approval of any solar energy system granted by St. Lucie County shall not create any future liability or infer any vested rights to the owner and/or property owner of the solar energy system on the part of the County for any future claims against said issuance of approval of the solar energy system that result from reliance on this section or any administrative decision lawfully made thereunder. CHAPTER VIII ACCESSORY AND TEMPORARY STURCTURES AND USES 8.00.00. Accessory uses and structures are hereby amended to create: 8.00.03. Particular Permitted Accessory Structures and Uses in Residential, Aaricultural, and Planned Unit Development Districts. Section 8.00.03 is hereby amended as follows: L. Solar energy system subject to the requirements of Section 7.10.28.(999) Date Ordinance No.10-034 Page 15 of 17 32 33 34 35 36 PART B. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. PART C. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. CODIFICATION It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. PART F. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART G. EFFECTIVE DATE This Ordinance shall take effect upon filing of a certified copy of this Ordinance with the Department of State. Date Page 16 of 17 Ordinance No.10-034 1 PART H. ADOPTION 2 3 After motion and second, the vote on this ordinance was as follows: 4 5 Chairman Charles Grande XXX 6 7 Vice Chairman Chair Doug Coward XXX 8 9 Commissioner Chris Craft XXX 10 11 Commissioner Chris Dzadovsky XXX 12 13 Commissioner Paula A. Lewis XXX 14 15 PASSED AND DULY ADOPTED this th Day of , 2010. 16 17 BOARD OF COUNTY COMMISSIONERS 18 ST. LUCIE COUNTY, FLORIDA 19 20 21 BY 22 Chairman 23 24 AP 25 ATTEST PROVED AS TO FORM 26 AND CORRECTNESS 27 28 29 30 Deputy Clerk County Attorney Date Page 17 of 17 Ordinance No.10-034 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PUBLIC HEARING AGENDA September 16, 2010 NOTICE OF PROPOSED LAND DEVELOPMENT CODETEXT CHANGE The St. Lucie County Planning and Zoning Commission/Local PlanningAgency is scheduled to review and make recommendations regarding the following item to be considered for adoption by the Board of County Commissioners of St. Lucie County, Florida, by Ordinance. ORDINANCE NO. 10-014 AN ORDINANCE OF THE ST LUCIE BOARD OF COUNTY COMMISSIONERS AMENDING THE ST LUCIE COUNTY LAND DEVELOPMENT CODE REGARDING SOLAR ENERGY BY AMENDING SECTION 2.00.00; BY AMENDING SECTION 3.01.03 ZONING DISTRICTS; BY AMENDING SECTION 4.03.03 LIMITATIONS ON LAND USE APPLICATIONS AND 4.03.05 RESEARCH AND EDUCATION PARK OVERLAY ZONE USE LIMITATIONS; BY CREATING SECTION 710.28 SOLAR ENERGY SUPPLEMENTAL STANDARDS; BY AMENDING SECTION 8.00.03 PARTICULAR PERMITTED ACCESSORY STRUCTURE AND USES IN RESIDENTIAL, AGRICULTURAL, AND PLANNED UNIT DEVELOPMENTS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATIONAND AN EFFECTIVE DATE. APPLICANT. St. Lucie County LOCATION OF AFFECTED PROPERTY: Unincorporated St. Lucie County The Planning and Zoning Commission/Local Planning Agency PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida onThursday. September 16, 2010 beginning at 6:00 P.M. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission/Local Planning Agency should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. Sbe_petition file is available for review at the Planning and Development Services Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call 772/462-2822 orTDD 772/462-1428 if you have any questions or require additional information. The St. Lucie County Planning and Zoning Commission/Loca! Planning Agency has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approval or disapproval, any applications within their area of responsibility. The proceedings of the Planning and Zoning Commission/Local Planning Agency are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Planning and Zoning Commission/Local Planning Agency with respectto any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Risk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822 orTD.D. (772) 462-1428. PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST LUCIE COUNTY, FLORIDA /S/CRAIG MUNDT, CHAIRMAN DI IRI IC41 nnTF- Q--*.—h, 7 9nin