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HomeMy WebLinkAboutAgenda Packet 01/04/2011itnatiin�nm�iiltretri�nnrimt>it ti mruir�raun111in; January 4, 2011 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed 2rior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. January 4, 2011 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org Chris Craft, Chairman District No. 5 Chris Dzadovsky, Vice Chairman District No. 1 Tod Mowery District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 INVOCATION If. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the December 21, 2010 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 11-026 - "BECKY BLEYMAN APPRECIATION DAY" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 11-026 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 13 and 14 B. COUNTY ATTORNEY Bear Point Mitigation Bank — First Amendment to Mitigation Bank Credit Reservation Agreement with River Paris 2, L.P. Consider staff recommendation to approve the proposed First Amendment to the Bear Point Mitigation Bank Credit Reservation Agreement with River Park 2, L.P., and authorize the Chairman to sign the amendment. 2. Ordinance No. 11-004 —Amending Article II (Stopping, Standing and Parking) of Chapter 1-20 (Traffic) of the Code of Ordinances — Permission to Advertise Consider staff recommendation to grant permission to advertise Ordinance No. 11-004 for a public hearing before the Board of County Commissioners on February 1, 2011. COUNTY ATTORNEY CONTINUED 3. Employee Health Clinic - Wastewater Collection System - Parcel I.D. No. 2416-504-0781- 000-8 - Bill of Sale in favor of Fort Pierce Utility Authority Consider staff recommendation to approve the Bill of Sale in favor of Fort Pierce Utilities Authority, authorize the Chairman to execute the Bill of Sale and all necessary documents to convey the wastewater collection system to Fort Pierce Utilities Authority and direct staff to record the Bill of Sale in the Public Records of St. Lucie County, Florida. Revocable License Agreement — Chem -Tex Supply Corporation/Allied New Technologies — 9545 Range Line Road Consider staff recommendation to approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Chem -Tex Supply Corporation/Allied New Technologies to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 5. Donation of Right -of -Way — South Jenkins Road — Midway Industrial Park, Phase III — Resolution No. 11-030 Consider staff recommendation to accept the Right -of -Way Deed, authorize the Chairman to sign Resolution No. 11-030 accepting the Right -of -Way Deed and direct staff to record the documents in the Public Records of St. Lucie County, Florida. C. PLANNING & DEVELOPMENT SERVICES St. Lucie County International Airport 1. Budget Resolution No. 11-024; Terminal Construction & Customs Facility Renovations (Phase 1) Consider staff recommendation to approve Budget Resolution No. 11-024 establishing the fund for the FDOT grant for the Terminal Construction and Customs Facility Renovations (Phase 1), and authorization for the Chairman to sign documents as approved by the County Attorney. Resolution No. 11-023, Terminal and Customs Apron Rehabilitation Consider staff recommendation to approve Budget Resolution No. 11-023 establishing the fund for the FDOT grant for the Terminal and Customs Apron Rehabilitation project, and authorization for the Chairman to sign documents as approved by the County Attorney. Budget Resolution No. 11-025 and Budget Amendment No. 11-004; Security Enhancements Consider staff recommendation to approve Budget Resolution No. 11-025 establishing the fund for the FDOT grant for the Security Enhancements project; approval of Budget Amendment No. 11-004 transferring the remaining FDOT grant and unused local match funds as outlined in the memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. Business Development & Concurrency: 4. Ordinance No. 11-003 — Proposed Changes to Chapters 2, 5 and 11 of the Land Development Code (LDC), Transportation. Consider staff recommendation to approve permission to advertise proposed Ordinance No. 11-003 for two public hearings before the Board of County Commissioners. D. PARKS, RECREATION & FACILITIES Resolution No. 11-028, Parks and Recreation Advisory Board Consider staff recommendation to approve Resolution No. 11-028 and authorization for the Chairman to sign documents as approved by the County Attorney. E. SHERIFF'S OFFICE Draw Request — January 2011 Consider staff recommendation to approve the Sheriffs double draw request for January 2011 in the amount of $5,206,608. (Amount requested; 1st draw total=$5,206,608) (2nd draw total=$5,206,608) This is a total of $10,413,216 for the month of January. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 11-005 (fka 10-033) — Providing for Eminent Domain Waivers Consider staff recommendation to adopt Ordinance No. 11-005 and authorize the Chairman to sign the Ordinance. VIII. ANNOUNCEMENTS During January and February 2011, there will be a change in the BOCC meeting schedule as follows: the Board's regular night meeting will be held the first Tuesday, the informal meeting will be held in the morning on the second Tuesday and the regular morning meeting will be held the third Tuesday (If need be, there will be a second night meeting on the fourth Tuesday). This is a two -month trial meeting schedule from 5 to 3 meetings per month. It will be revisited by the Board upon its conclusion. 2. County offices will be closed on Monday, January 17, 2011 to observe Martin Luther King Jr. Holiday. 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: December 21, 2010 Convened: 6:13 p.m. Adjourned: 7:04 p.m. Commissioners Present: Chris Craft, Chairman; Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson, Tod Mowery Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Lauri Waldon, Utilities Director, Mark Satterlee, Planning/Devel. Services Director, Marie Gouin, OMB Director, Lucero Carrillo, Deputy Clerk (minutes transcribed by Millie Delgado -Feliciano) INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the December 14, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve the minutes of the meeting held December 14, 2010, and; upon roll call, motion carved unanimously. IV. PROCLAMATIONSIPRESENTATIONS A. There are no proclamations/presentations scheduled for December 21, 2010. V. GENERAL PUBLIC COMMENT Mr. Mark Norton, 1101 U.S. Highway 1, addressed the Board and thanked them for meeting with him regarding the future development of the Port property. He would like to have further clarification as to what they are able to do with regard to Maritime Commerce as part of the development of the 67 acres. He requested the Board direct staff to take a look at the Port Master Plan and the County' latest submittal to the DCA and advise him if Maritime Commerce would not be part of the Port Master Plan or the development plan. Com. Craft asked if he had received a copy of the Master Plan. Mr. Norton stated he had received a copy. He stated in the Master Plan it stated Commercial or marine industrial/commercial and everyone refers to the Master Plan as a mixed use and this is what he needs clarified. Com. Craft stated he did not have an issue with him sitting down with staff and finding out the code permits. Com. Dzadovsky questioned who he was representing. Mr. Norton stated he legally represented the Ft. Pierce Waterfront Terminals and Waterfront Investments. The County Administrator advised the Board she and the Public Works Department had a conference call with Mr. Norton and advised how he could walk through the Master Plan. Staff is always available should he need more clarification. The County Attorney stated he wished to make note that this is within the jurisdiction of the City of Ft. Pierce and in terms of site plan and anything else, the city must be included. It is a partnership between the City and the County and this property is privately owned, not owned by the County. The County owns the Cotton property. Mr. Marty Raven, Ft. Pierce resident, addressed the Board and wished to thank those who participated in the Boat Parade. He also addressed item B-3. Discussion on B-3 The Chairman requested the Public Works Director provide a brief history on the property listed in item B-3 (pulled for discussion) and also requested C-1 be pulled for separate vote and discussion. The Public Works Director stated the road provides primary access to the Port area. The County has been working with the City to design a reconstruction of Second Street. The parcel is a proposed pond site for the Second Street project. They are looking to be able to provide utilities services when the area parcels are developed. They need to have a storm water collection system. They have a grant that will provide the funding for this parcel and there is a deadline on this grant. It would expire at the end of the year and he is not sure the grant would be extended. There is flexibility to also change the use of the grant. Com. Craft addressed the possibility of swapping this parcel out for one of equal value. The Public Works Director stated it could be done and if the Board decided to swap the parcel out, they would need to amend the storm water permit accordingly. They would need to find a pond of equal size. Com. Dzadovsky addressed the fact this has been in place since 2004 and has been extended many times. He believes as this gets developed it will be a road improvement as well as a water quality improvement which he felt was very important. Com. Mowery addressed his previous concerns with this particular site. His concern was the attempt to make this all work from an esthetic view. Although it is free money, the public could have concerns with regard to this being the best way and where to spend the funds. He wanted to make sure they were not getting ahead of themselves in thinking about storm water and not the other. Com. Lewis addressed the fact that if they do not have the storm water they cannot develop the area. While she agrees it has great retail potential, she knows there is a need for the storm water and would like to proceed with knowing they will be getting the pond completed. The Public Works Director stated they would also like to have the opportunity to consider other parcels should anyone be interested. It was moved by Com. Mowery, seconded by Com. Dzadovsky to approve the balance of the Consent Agenda with item C-1 being pulled for separate vote, and; upon roll call, motion carried unanimously. VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 12 B. COUNTY ATTORNEY Resolution No. 10-317 —"Agricultural and Labor Program, Inc. 43rd Anniversary Day" The Board adopted Resolution No. 10-317 as drafted. 2. Grant Agreement - Special Olympics St. Lucie County The Board approved the proposed grant agreement with Special Olympics St. Lucie County, and authorized the Chairman to sign the agreement. Contract for Sale and Purchase — Second Street Improvement Project — Port of Fort Pierce — Fishmonger Investors, L.L.C. — Parcel ID No. 2403-341-0009-000/4 The Board accepted the Contract for Sale and Purchase with Fishmonger Investors, L.L.C., authorized the Chairman to sign the Contract, directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 2 12/17/10 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #12- 11-DEC-2010 TO 17-DEC-2010 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 571,345.42 2,025.60 001502 Homeland Security - Issue 09 5,450.00 0.00 001509 US Dept of Housing CDBG 09 2,726.00 0.00 001512 Neighborhood Stabilization Program 7,953.55 0.00 001516 Homeland Security -Issue 10 1,340.58 0.00 001518 Section 112/MPO/FHWA/Planning 16.77 0.00 001523 Emer Mgmt Prep & Assis FY11 (EMPG) 3,155.96 0.00 001529 CSBG FY 2011 538.96 0.00 001533 Energy Efficiency & Conservation Bl 150,000.00 0.00 001823 INTACT 62.00 0.00 101 Transportation Trust Fund 1,407.84 0.00 101002 Transportation Trust/80% Constitut 20,384.31 0.00 101003. Transportation Trust/Local Option 4,518.37 0.00 101004 Transportation Trust/County Fuel Tx 5,929.42 0.00 101006 Transportation Trust/Impact Fees 55,009.28 0.00 101112 FHWA FDOT Walton Road Widening 133,919.67 0.00 102 Unincorporated Services Fund 31,279.82 0.00 102001 Drainage Maintenance MSTU 3,867.24 0.00 105 Library Special Grants Fund 3,218.04 0.00 107 Fine & Forfeiture Fund 43,077.93 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 10,445.20 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 1,550.28 0.00 107006 F&F Fund -Court Related Technology 56,271.50 0.00 107159 USDOJ SCAAP 2008/09 4,236.95 0.00 107205 Juvenile Justice & Delinquency Prev 227.95 0.00 115 Sheraton Plaza Fund 611.80 0.00 118 Paradise Park Fund 845.57 0.00 121 Blakely Subdivision Fund 93.41 0.00 129 Parks MSTU Fund 78,925.26 0.00 130 SLC Public Transit MSTU 112.07 0.00 130109 FTA 5307 Capital and Operating 42,578.00 0.00 140 Airport Fund 11,059.73 0.00 140001 Port Fund _ 85.78 0.00 140135 FAA Security Fencing & Runway 9L/27 24,628.75 0.00 140306 DOT -New N. Entrance Port Ft. Pierce 1,860.00 0.00 140355 Security Fencing 1,296.25 0.00 160 Plan Maintenance RAD Fund 4,856.59 0.00 183 Ct Administrator-19th Judicial Cir 4,978.21 0.00 183001 Ct Administrator-Arbitration/Mediat 240.00 0.00 183004 Ct Admin.- Teen Court 186.07 0.00 185010 FHFA SHIP 2008/2009 13,803.35 0.00 189102 Home Consortium 2009 16,936.40 0.00 190 Sports Complex Fund 22,093.22 0.00 216 County Capital I&S 1,202.00 0.00 310001 Impact Fees -Library 11 396.49 0.00 316 County Capital 6,207.94 0.00 401 Sanitary Landfill Fund 139 886.40 0.00 418 Golf Course Fund 17,167.42 0.00 1 COUNTY ATTORNEY CONTINUED Sea Oats Subdivision - Request for Authorization to File Suit to Determine the Appropriate Disbursement of Security Deposit under Subdivision Improvements Agreement with Crimson Group, LLC The Board authorized the County Attorney to file suit to determine the appropriate disbursement of the security deposit under the Subdivision Improvement Agreement with Crimson Group, LLC. C. PARKS. RECREATION & FACILITIES Facilities Division: 1. FEMA Severe Repetitive Loss Program This item was pulled for separate discussion and vote. Parks & Recreation South Division: 2. MLK Dreamland Park AiPP Project The Board approved the Arts in Public Places (AiPP) Committee recommendation to award the MLK Dreamland Park Interactive Water Feature AiPP project to Tile It of the Treasure Coast, Inc. D. PLANNING & DEVELOPMENT SERVICES Planning Division: 1. Permission to advertise — TVC Overlay Zone Land Development Regulations revisions The Board authorized the advertising of three public hearings for Ordinance No. 11-002, revisions to the TVC Overlay Zone Land Development Regulations. Business Development & Concurrency: 2. Treasure Coast Sports Commission 2010/2011 1st Contract Amendment The Board approved the 1st Amendment to the Treasure Coast Sports Commission (TCSC) 2010/2011 bid fees and sponsorships contract permitting the TCSC to retain $7,703 of unspent monies and authorized the Chairman to sign the amendment to the contract as prepared by the County Attorney. E. HOUSING & COMMUNITY SERVICES Housing Division: 1. HOME Investment Partnership Agreement Amendment The Board approved the acceptance of the FY 10 grant agreement amendment for the HOME Investment Partnership Program, and authorized the Chairman to sign the documents as approved by the County Attorney. E. HOUSING & COMMUNITY SERVICES CONTINUED 2. Budget Resolution No.10-320 The Board approved Budget Resolution No.10-320, and authorized the Chairman to sign documents as approved by the County Attorney. Community Services Division: 3. Transit Block Grant — Year 2 The Board approved the Florida Department of Transportation Joint Participation Agreement for the Transit Block Grant; Budget Resolution No. 10-319 and First Amendment to Council on Aging of St. Lucie Sub Agreement C10-01-044, and authorized the Chairman to sign documents as approved by the County Attorney. 4. Federal Transit Administration (FTA) 5311 Operations Grant — FY11 3 The Board approved the Florida Department of Transportation Joint Participation Agreement for the FTA 5311 Non -Urbanized Area grant; Budget Resolution No. 10-318 and First Amendment to Council on Aging Sub Agreement C10-01-044, and authorized the Chairman to sign documents as approved by the County Attorney. C-1. FEMA- Severe Repetitive Loss Program Consider staff recommendation to approve: 1. Use County funding on a temporary basis to complete the approved SRL projects as outlined in the agenda memorandum. 2. Discontinue participation in the SRL and RL programs upon completion of current approved SRL projects. Staff provided a history on this item. Com. Mowery addressed the repetitive situation and his concern was the county possibly being at a loss at one point because we would not receive recovery due to the grant situations. He is pleased to see one of the recommendations is to not continue this program. The program sounded great but is not beneficial. Com. Dzadovsky addressed the counties that are attempting to be reimbursed by FEMA. Staff stated there are 3 counties and he has not been able to get in contact with two of them, but has spoken with Hallandale Beach and they advised him they have acquired the property, but not demolished the house yet. It has been very difficult for them and they do not anticipate continuing with the program. Com. Dzadovsky addressed the fact this program is very labor intensive and the county has consolidated many departments which makes it difficult. He asked if the county has been reimbursed for staff time on any of the project. Staff advised the Board they have placed a 5% administrative cost however, the time involved into the project, the 5% is a conservative number. The greater concern is the lack of staff to administer a grant this size not so much the cost not being covered. Com. Dzadovsky addressed covering the cost of keeping the property in perpetuity. This would be an unfunded mandate to the taxpayers and he felt this would not fair to them. Com. Hutchinson stated she would like for staff in the future to look at these types of issues with wider opened eyes. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows: Nay: Com. Mowery; Aye's: Com. Dzadovsky, Com. Lewis, Com. Hutchinson, Chairman Craft; motion carried by a vote of 4 to 1. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No.10-033 — Providing for Eminent Domain Waivers No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, January 4, 2011 at 6:00 p.m. or as soon thereafter as may be heard. The Assistant County Attorney addressed the item and addressed the changes to the Ordinance, providing Eminent Domain Waiver. No action necessary at this time. B. COUNTY ATTORNEY Ordinance No.10-032 Library and Law Enforcement Impact Fees Consider staff recommendation to adopt Ordinance No. 10-032 and authorize the Chairman to sign the Ordinance. 4 C. The County Attorney requested this item be continued to January 4, 2011 at 6:00 p.m. or as soon thereafter. Com. Mowery addressed the Chamber of Commerce's request to provide enough time for them to be able to address the Board due to the holidays. It was moved by Com. Hutchinson, seconded by Com. Dzadovsky to continue this hearing to March 1, 2011 at 6 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. PLANNING & DEVELOPMENT SERVICES Planning Division: Right -of -Way Protection Map Consider staff recommendation to approve adoption of proposed Ordinance No. 10-036 amending the text of the Land Development Code to include the Right -of -Way Protection Map in Section 7.05.03. Staff addressed the Board on this item and stated this was the second hearing on the Ordinance. She addressed the revisions requested at the last hearing and also clarification of the highlighted areas. County staff met with the TPO staff per the request of the Board. For clarification, staff advised the Board this is being taken out of the Comp Plan and being relocated. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. COUNTY ATTORNEY Intedocal Agreement with Port St. Lucie - Solid Waste Consider staff recommendation to approve the Intertocal Agreement and authorize the Chairman to sign the Agreement. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve the Intedocal Agreement with Port St. Lucie, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 5 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV -A DATE: January 4, 2011 REGULAR [x ] PUBLIC HEARING [ j CONSENT [ ] PRESENTED BY: Mark Godwin 9 Criminal Justice Coordinator Resolution No. 11-026 - "BECKY BLEYMAN APPRECIATION DAY" in St. Lucie County, Florida. BACKGROUND: Suzanne Caudell, Executive Director with C.O.R.E. Programs (Comprehensive Offender Rehabilitation & Education), has requested that this Board proclaim January 4, 2011 as `BECKY BLEYMAN APPRECIATION DAY" in St. Lucie County, Florida. The attached Resolution No.11-026 has been drafted forthat purpose. RECOMMENDATION: Staff recommendsthat this Board adoptthe attached Resolution No. 11-026 as drafted. COMMISSION ACTION: CONCURRENCE: D6 APPROVED (J DENIED [ J OTHER: �— Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X Count Attorne ' x] Public Safety Coordinating Council Chairma J y y Daniel S. McIntyre r raft RESOLUTION NO. 11-026 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA PROCLAIMING JANUARY 4, 2011 AS "BECKY BLEYMAN APPRECIATION DAY" IN RECOGNITION OF MS. BLEYMAN'S CONTRIBUTIONS TO PUBLIC SAFETY IN ST. LUCIE COUNTY, FLORIDA FROM 1976 THRU DECEMBER 23, 2010 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Becky Bleyman began her career in law enforcement in 1976 with the Ft. Pierce Police Department. 2. Ms. Bleyman's work history in the Public Safety Sector began in 1982 and includes the Ft. Pierce Police Department, Palm Beach Sheriff's Office and C.O.R.E. Probation Office. 3. Ms. Bleyman started at the C.O.R.E. Probation Office in 1991 in the capacity of Probation Officer and was quickly promoted to Probation Supervisor in 1993. She has served in the capacity of Probation Supervisor since that time. 4. Ms. Bleyman holds an Associates Degree from Indian River State College and a Bachelor's degree from Barry University. 5. Ms. Bleyman has been involved in many professional organizations/memberships including: • Florida Association of Community Corrections (past Vice President); • St. Lucie County Domestic Violence Task Force; • 19th Judicial Circuit Victim Rights Coalition; and • Annual Senior Career Day with the Port St. Lucie High School. 6. St. Lucie County is proud to recognize Ms. Bleyman for her contributions to St. Lucie County over the years. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim January 4, 2011, as "BECKY BLEYMAN APPRECIATION DAY" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to recognize Ms. Bleyman as an outstanding example of a public servant, who served in the field of public safety for 35 years. 3. This Resol.ution will take effect immediately upon its adoption. PASSED AND DULY ADOPTED this day of , 2011. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 12/23/10 FZABWARR FUND TITLE 001 001194 001444 001509 001512 001517 001518 001519 001529 001534 101 101001 101002 101003 101004 101006 102 102001 105 107 107001 107002 107003 107006 107205 129 130 130102 130212 140 140001 140306 150 160 183 183001 183004 185010 189101 189102 190 310001 310002 318 396 397 398 401 ST. LUCIE COUNTY - BOARD WARRANT LIST #13- 18-DEC-2010 TO 23-DEC-2010 FUND SUMMARY General Fund U.S. Dept of Housing & Community FCTD-Planning Grant FY10-11 US Dept of Housing CDBG 09 Neighborhood Stabilization Program HUD Shelter Plus Care Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery CSBG FY 2011 Metropolitan Planning/Section 5303 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o 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 Parks MSTU Fund SLC Public Transit MSTU FTA 5307-ARRA 2009 Capital Projects FCTD TRIP Grant Airport Fund Port Fund DOT -New N. Entrance Port Ft. Pierce Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP 2008/2009 Home Consortium FY 2008 Home Consortium 2009 Sports Complex Fund Impact Fees -Library Impact Fees -Parks County Capital -Transportation Bond Lennard Road 1 - Roadway Capital Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund 1, 608, 905. 62 530.23 350.23 11,127.20 48,578.78 3,157.00 1,126.64 123.62 5,069.03 29.71 2,954.53 80.16 15,525.27 11,476.20 2,848.64 39,760.64 32,733.10 51,809.81 1,792.85 2,228,208.51 85.42 4,054.33 28,311.20 1,163.77 392.42 13,338.74 150.55 1,888.56 27,865.80 4,830.10 148.80 464,613.67 109.91 34,321.76 2,052.12 120.00 2,492.87 2,250.00 127.77 37,694.47 15,173.37 2,984.43 22,550.00 8,730.00 157,252.02 12,202.47 2,553.67 41,114.09 PAGE f"IMi106 487,416.56 310.60 823.72 0.00 5,901.82 0.00 8,671.01 1,717.80 2,162.03 400.12 31,529.56 1,237.60 45,829.04 14,460.19 16,981.49 0.00 63,690.00 16,247.69 0.00 97,114.57 1,122.83 45,554.73 0.00 8,736.95 5,129.80 0.00 2,085.83 0.00 0.00 10, 596. 64 0.00 0.00 1,523.20 3,253.86 3,105.65 0.00 5,404.72 0.00 1,717.80 0.00 15,317.61 0.00 0.00 0.00 0.00 0.00 0.00 50,950.59 1 12/23/10 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR FUND TITLE WARRANT LIST #13- 18-DEC-2010 TO 23-DEC-2010 FUND SUMMARY 418 Golf Course Fund 451 S. Hutchinson Utilities Fund 458 SH Util-Renewal & Replacement 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 505001 Property/Casualty Insurance Fund 611 Tourist Development Trust-Adv Fund 615 Impact Fees Fund 665 SLC Art in Public Places Trust Fund 801 Bank Fund EXPENSES 29, 347.03 6,567.46 49.52 3,890.86 102.31 107.93 1,421.65 6,170.10 370.31 143.30 5,999.23 8, 000.00 183, 831. 69 PAYROLL 16,827.66 3,530.69 670.52 7,523.06 1,385.33 1,451.93 17,463.17 1,186.40 4,929.37 1,901.01 0.00 0.00 0.00 GRAND TOTAL: 5,200,761.47 1,005,863.15 12/30/10 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #14- 24-DEC-2010 TO 30-DEC-2010 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 257,505.99 0.00 001113 CDBG Supp Disaster Recovery Subgran 3,090.00 0.00 001190 FTA Sec 5307 - Buses 05/06 37,822.30 0.00 001194 U.S. Dept of Housing & Community 1,648.00 0.00 001509 US Dept of Housing CDBG 09 5,487.70 0.00 001512 Neighborhood Stabilization Program 1,269.39 0.00 001517 HUD Shelter Plus Care 1,276.00 0.00 001518 Section 112/MPO/FHWA/Planning 412.80 0.00 001523 Emer Mgmt Prep & Assis FY11 (EMPG) 12.27 0.00 101 Transportation Trust Fund 515.89 0.00 101002 Transportation Trust/80% Constitut 3,344.59 0.00 101003 Transportation Trust/Local Option 479.94 0.00 101004 Transportation Trust/County Fuel Tx 5,811.51 0.00 101006 Transportation Trust/Impact Fees 415.00 0.00 101113 FDOT Design Weatherbee Rd Sidewalk 26,243.20 0.00 102 Unincorporated Services Fund 3,247.36 0.00 102001 Drainage Maintenance MSTU 17,153.07 0.00 107 Fine & Forfeiture Fund 11,008.31 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 2,481.34 0.00 107005 F&F Fund -Legal Aid 8,888.59 0.00 107006 F&F Fund -Court Related Technology 298.34 0.00 107205 Juvenile Justice & Delinquency Prev 75.65 0.00 ill River Park I Fund 2,831.79 0.00 112 River Park II Fund 611.04 0.00 113 Harmony Heights 3 Fund 233.79 0.00 114 Harmony Heights 4 Fund 513.64 0.00 116 Sunland Gardens Fund 571.90 0.00 117 Sunrise Park Fund 142.22 0.00 119 Holiday Pines Fund 871.89 0.00 120 The Grove Fund 179.73 0.00 122 Indian River Estates Fund 1,010.56 0.00 123 Queens Cove Lighting Dist#13 Fund 360.41 0.00 126 Southern Oak Estates Lighting 125.64 0.00 127 Pine Hollow Street Lighting MSTU 380.81 0.00 128 Kings Hwy Industrial Park Lighting 505.70 0.00 129 Parks MSTU Fund 11,196.94 0.00 130 SLC Public Transit MSTU 22,301.89 0.00 130101 FTA Operating and Capital Assist 729.00 0.00 130102 FTA 5307-ARRA 2009 Capital Projects 5,050.77 0.00 130104 FTA 5317 New Freedom Enhanced Servi 6,616.38 0.00 130109 FTA 5307 Capital and Operating 69,036.72 0.00 130207 FDOT Fized Route Grant 17,375.15 0.00 130211 FDOT Service Dev TCC US1 Route 14,281.87 0.00 136 Monte Carlo Lighting MSTU#4 Fund 1,774.54 0.00 138 Palm Lake Gardens MSTU Fund 259.49 0.00 139 Palm Grove Fund 763.36 0.00 140 Airport Fund 506.30 0.00 140353 Taylor Creek New Spoil Site 9,650.00 0.00 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-1 Date: January 4, 201► Regular [ ] Public Hearing [ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Bear Point Mitigation Bank - First Amendment to Mitigation Bank Credit Reservation Agreement with River Park 2, L.P. BACKGROUND: See C.A. No. 10-1622 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to the Bear Point Mitigation Bank Credit Reservation Agreement with River Park 2, L.P., and authorize the Chairman to sign the amendment. COMMISSION ACTION: [jQ APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 County Attorney: Daniel 5. McI re Originating Dept.: Jn es R. David CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: Growth Mgmt: Purchasing: Other : Finance (Check for Copy only, if applicable): INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-1622 DATE: December 15, 2010 SUBJECT: Bear Point Mitigation Bank - First Amendment to Mitigation Bank Credit Reservation Agreement with River Park 2, L.P. BACKGROUND: Attached to this memorandum is a copy of a proposed First Amendment to the Bear Point Mitigation Bank Credit Reservation Agreement with River Park 2, L.P. Pursuant to the December 1, 2009 Credit Reservation Agreement, the developer reserved 0.7 federal credits for the River Park Place project. The developer has already paid the full reservation fee in the amount of seventeen thousand sixty-two and 50/100 dollars ($17,062.50). The amendment will extend the term of the agreement for an additional year. RECOMMENDATION/CONCLUSION : Staff recommends that the Board of County Commissioners approve the proposed First Amendment to the Bear Point Mitigation Bank Credit Reservation Agreement with River Park 2, L.P., and authorize the Chairman to sign the amendment. Respectfully submitted, --tc� - Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Mosquito Control Director Finance Director Management and Budget Director FIRST AMENDMENT TO MITIGATION BANK CREDIT RESERVATION AGREEMENT THIS FIRST AMENDMENT made and entered into this 1st day of December , 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982, and RIVER PARK 2, L.P., ("Developer"), whose address is 448 Viking Drive, Virginia Beach, Virginia 23452. WITNESSETH WHEREAS, the County owns and operates the Bear Point Mitigation Bank, ("Bank"); and, WHEREAS, the Developer is the owner of certain property lying in the Bank's Mitigation Service Area, ("Site"); and, WHEREAS, on December 1, 2009, the County and the Developer entered into a Mitigation Bank Credit Reservation Agreement which provided for the Developer to reserve 0.7 Federal mitigation credits in the Bank in conjunction with the planned development of the Site ("Reservation Agreement"); and, WHEREAS, the Reservation Agreement provided for a one year term subject to extension by the parties; and, WHEREAS, the Developer has requested that the term of the Reservation Agreement be extended through and including December 1, 2011. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Paragraph 1 of the Reservation Agreement is hereby amended to read as follows: 1. The County agrees to reserve 0.7 Federal Credits for the Project as set forth in this Agreement as set forth in the Reserved Credit Allocation attached hereto and incorporated herein as Exhibit "B. The term of this reservation shall begin on the date first written above and shall continue for a period of two (2) years from the date of this Agreement, subject to extension upon the prior written agreement of the parties. 2. All of the terms and conditions of the Reservation Agreement shall -1- remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. ATTEST: DEPUTY CLERK WITNESSES: g:\atty\forms\bearpt.river park 2.reserve.la.wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY RIVER PARK 2, L.P. By: RIVER PARK 2 COR ., its Managing General Part r BY: NAME: Eric S. Nielsen TITLE:_ Authorized Representative -2- fiver Park 2, L.P. 448 Viking Drive, Suite 245 Virginia Beach, Virginia 23452 Phone (757) 463-1970 26 November 2010 St. Lucie County Mosquito Control District 3150 Will Fee Road Ft. Pierce, FL. 34982 Attn: Mr. James R. David Re: River Park Place, Phase II, S18, T33S, R40E, Indian River County, FL. Mr. David, Please accept this communication as a request for the extension of the reservation of 0.7 ACE federal mitigation credits from Bear Point Mitigation Bank, for the referenced project, entered into 01 December 2009. For your benefit, I have attached a copy of the Reservation Agreement to this request. Sincerely, Eric S. Nielsen Authorized Representative CC: Freda Posin, R. L. Weigt Environmental Consultants, Inc. enc. ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT James R. David, Director 3150 Will Fee !toad, Fort Pierce, FL 34982 (772) 462-1692 January 15, 2010 River Park 2, L.P., 448 Viking Drive Virginia Beach, VA 23452. Dear Sir; Enclosed please find your fully executed Mitigation Bank Credit Reservation Agreement. If you have any questions please give us a call. Thank you. Sincerely, James R. David Director Cc: file I]:\ ORIXFY I O1Correspondence\}fear Point Mit Bank\River Park YlacelEixee. Resv. Agr.doc CHRIS DZADOYSKY. Diavict \u I INN iG COWARD. Disvri Nn ' -PA I I A A IJAVIS, Disuicl No i - (,11ARI.ES GRANDF., Di'110 Ko. A - CHRIS CRVr'r. District No. 6 Couml Alndniwtracr .._ Pacc W, W11-11, \IPA 2300 Virginia Acenuc, Pen Pterrc, Ft.3.1982 - (772) a6?-169? -- Fax f7731 1G?-I>65 -'tDIJ (712) 9ti?-1d28 w6 silo %Nt}gip gtlnciece.eor MITIGATION BANK CREDIT RESERVATION AGREEMENT '141IS AGREEMENT made and entered into this + day 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida. whose address is 2300 Virginia Avenue, Fort Pierce. 1,1, 34982, and RIVER PARK 2, L.N., (-Developer"). whose address is 448 Viking Drive- Virginia Beach, VA 234>2 WITNESSE`I`11 Wilf?,IZEAS, the Count)' owns and operates the Bear point Mitigation Bank, ("Bank"). and. WHEREAS, file Developer is the owner of certain property iving in the Bank's Mitigation Service Area, ('`Site''): and, WHEREAS, the Developer intends to develop the Site in a manner consistent with all local. state, and federal regulations Cor a project to be known as "River Park place:. ("Proiect"): and. WHEREAS, the Developer desires to reserve 0.7 Federal C'redits in the Bank ("Credits") in order to seek the necessary permits for the proposed development of the project: art(. WHEREAS, the County is willing to reserve the requested Credits pursuant to the terms and conditions of this Agreement. NOW, 'I'1IEREFORE, in consideration of the mutual promises contained herein. the parties agree as follows: 1. The ('ount) agrees to reserve 0.7 Federal Credits for the project as set torth in the Reserved Credits A(Iocation attached hereto and incorporated herein as Exhibit "A." The term of this reservation shall begin on the date first written above and shall continue for a period of one year from the date of this Agreement, and is subject to extension upon the prior written agreement ofthe parties. 2. In consideration ol" such reservation, the parties acknowledge and agree the Developer has paid the C'ountti' a non-refundable reservation tec ('I�cservation Fee") in the total amount of'seventeen thousand sixty-tvwo and 50/100 dollars (n17,062.50) based upon twenty -live percent (25"rb) of the current price of the reserved Credits upon the date of this Agreement as set Corth in the Reserved Credit ;Allocation. -file parties further acknowledge and agree the County has issued the Developer a receipt for payment of the above-reterenccd non-refundable reservation fee. -I- 3. It shall be the responsibility of the Developer to provide the regulatory agencies with a copy of the receipt or other acceptable proof indicating reservation of the Credits. 4. In the event (Ile permits for the Property are issued, the parties shall enter into a Mitigation Bank Credits Purchase Agreement for the required number of Credits. The amount of the Reservation Fec shall be credited against the Credits' purchase price. In the event the permits for the project are not issued, the County shall retain the Reservation Fce and the Developer shall have no claim against the County for the Reservation Fee or Tile reserved Credits. 5. Any disputes relating to interpretation of the terms of this Agreement or a question of fact or arising under this Agreement shall be resolved through good Kith efforts upon the part of tile Developer and tile County. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator wlio shall reduce tile decision to writing. The decision ol'the County shall be final and conclusive unless determined by a court of' competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad tailh, or not be supported by substantial evidence. 5. Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. "file parties shall agree on a mediator chosen from a list of certified mediators available Iron, the Clerk of Court for St. Lucie County. The lee of the mediator shall be shared equally by the parties. To the extent allowed by la%v, the mediation process shall be confidential and the results of the mediation or ally testI111011y 01' argLIMCnt introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. G. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or wl•ittcll agreements between the parties with respect thereto. This Agreement may only he amended by written document. properly authorized, cxCcutcd and delivered p ed by botarties hereto. "Phis Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws 01, the State of Florida. In the event it is necessary for either hart\ to initiate Icgal action rCgardI ,this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. I.uCiC County. Florida. for claims understate law and the Southern District of'Floricfa for and claims which are justiciable in federal court. ,2- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. ATTEST: DEPUTY CLERK WITNE'SSF.S: 130ARll OF COUNTY COMMISSIONERS ST. LUC.'IE' COl1N'ITV, FLORIDA BY: CHAIR M AN APPROVED AS 'r0 FORM AND CORRECTNESS: r C'OUNTY ATTORNEY For RIVER PARK 2, L.P. By: RIVER PART( 2 ('ORP. Its ManagiV 13V A• _ NAME: Eric S. Nielsen Authorized Representative i ;m% iwwo nt contritct ¢arlit national housim-, d • rC,;CYvti.kh)C -3- EXHIBIT "A" RESERVED CREDIT ALLOCATION Federal Credits Reservation Price 0.7 $17.062.50 -4- Total Price $68.250.00 P Vendor! 13248 BOGC-Bear Point Date: 10/21/2009 Check Not 00100017 LS�S y;j�p�. :::= tix SS37L23713LOa LaaSl`xS:�x Ln LLLC�La Lz3a Lp'i CR3r IIS RRxLCa aCa a:.LL30L'L SLaS•+ Invoice Date Description Gross Atat Adjusto Net Amount :xzxaaear_sarLx=sssaxsxsnsaax-7xZug aszarcozxsz:sxaaasxasaa=zm:azLLr.arzn:r WON 10I19/09 credit rear•v deposit -RP2 17062. 50 0.00 17062. 50 101901 - r,�hNuk Subtotal_.. - .......__ _......__ .» t.70b:s.5Q1 171062. 50 010017 �iti::is•�ir I,i=iac;i-i v^,.:. ,�:, „,i. rA//� i '!.t G", i�i:, 10/21/ 0ol9 w«itMNX Lif 01J .�. 50 S'EVLNTEEN THOUSAND S1X'JY•TWt•1 DOLLARS AM) 50 C-iN'rE;-« I3:i1.ic�at i.arz Bank 3150 WJ.11 FF!F Road F. F'a#?:i'ce, FL 3498 NON-NE00VABLE f.1` AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-132 DATE: January 4, 2011 REGULAR[] PUBLIC HEARING [ ] CONSENT [x ] PRESENTED BY: Katherine Barbieri Assistant County Attorney SUBJECT. Ordinance 11-004 - Amending Article II (Stopping, Standing and Parking) of Chapter 1-20 (Traffic) of the Code of Ordinances - Permission to Advertise BACKGROUND: See CA No. 10-1624 PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No.11-004 for a public hearing before the Board of County Commissioners on February 1, 2011. COMMISSION ACTION. CONCURRENCE: j APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 10-1564 DATE: January 4, 2011 SUBJECT: Ordinance 11-004-Amending Article II (Stopping, Standing and Parking) of Chapter 1-20 (Traffic) of the Code of Ordinances - Permission to Advertise The St. Lucie County Sheriff's Office (the "SLCSO") contacted the County with concerns about vehicles that were left on public roadways in the unincorporated areas of the County. The SLCSO requested a change to Section 1-20-16 of the St. Lucie County Code & Compiled Laws to clarify the ability to have any motor vehicle towed from public road right-of-ways under the jurisdiction of the County after notice. In 2007, St. Lucie County adopted Ordinance No. 07-012, which set towing fees within St. Lucie County. The fee schedule did not include set fees for trespass towing impound fees. The SLCSO requested the fees to be added to the ordinance at the same rate as nonconsential towing impound fees. Attached to this memorandum is a copy of draft Ordinance No. 11-004 which, if adopted, would amend Chapter 1-20 (Traffic) of the Code of Ordinances of St. Lucie County, Florida, by allowing vehicles left on the public right-of-way of any public road in the unincorporated areas of the County for forty-eight (48) hours to be towed and by adding storage fees for trespass towing of vehicles. Staff recommends that the Board grant permission to advertise Ordinance No. 11-004 for a public hearing before the Board of County Commissioners on February 1, 2011. Respectfully submitted, KathJ arbi en Assistant County Attorney KB/cb Attachment H:\AgendaMemo-KMS-11-004.wpd ORDINANCE NO. 11-004 (fka Ordinance No. 10-030 and Ordinance No. 07-012) AN ORDINANCE AMENDING ARTICLE 11(STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ALLOWING VEHICLES LEFT ON THE PUBLIC RIGHT-OF-WAY OF ANY PUBLIC ROAD IN THE UNINCORPORATED AREAS OF THE COUNTY FOR FORTY-EIGHT (48) HOURS TO BE TOWED; BY ADDING STORAGE FEES FOR TRESPASS TOWING OF VEHICLES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board), has made the following determinations: 1. Section 125.01(1)(m) and Section 316.008, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. Section 715.07 Florida Statutes permits the Board to enact additional regulations, including the right to regulate rates when vehicles or vessels are towed from private property. 3. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County to consider any vehicles left over forty-eight (48) hours to be abandoned and towed. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-16 OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-20-16 of Chapter 1-20 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-20-16. ' removal of Vehicler. Removal of Vehicles f� ' U I rr-LITC U I I I I I %,W I JJV, ated areas of the county for a per' W,d of more r&I welt #hrougk passages are deleted. -1- Underlined passages are added. flu Any motor vehicle section that is discarded, left or abandoned on any public road right-of-way under the jurisdiction of the County in the unincorporated area of the Ccounty may be removed or caused to be removed by the sheriff s departn ient of the coui PtySaint Lucie County Sheriff's Office after posting a notice on such vehicle advising that if such vehicle is not removed by the owner within forty- eight (48) hours, it will be removed or caused to be removed by the sheriff's department office; provided, however, that, this paragraph shall in no way limit the sheriff or any other law enforcement agency's authority to remove vehicles from the paved or main traveled part of any highway under the provisions of F.S. §316.194. j I A law enforcement officer, or code enforcement officer, may issue a citation and cause to be immediately removed at the owner's expense any motor vehicle found in violation of Section 316.1951 F.S. (Parking for Certain Purposes Prohibited) except as provided in Section 316.1951 F.S. as may be amended The owner shall be assessed a penalty as provided in Section 318.18 21 F.S. as may be amended by the government agency or authority that orders removal of the motor vehicle. A motor vehicle removed under this section shall not be released from an impound or towing and storage facility before a release form prescribed by the Department of Highway, Safety and Motor Vehicles has been completed verifying that the fine has been paid to the government agency or authority that ordered immediate removal of the motor vehicle However, the owner may pay towing and storage charges to the towing and storage facility Pursuant to Section 713.78 F.S.before payment of the fine or before the release form has been completed. Section 1-20-16.3(b)10. Fees (10) The maximum fee which may be charged on trespass towing of the vehicle/vessel as follows: REGULAR WRECKER SERVICE Administrative Fee Gate Fee (per day) Outside Storage Inside Storage CLASS A CLASS 8 $125.00 $165.00 $ 35.00 $ 35.00 8:00 pm to 8:00 am 25.00 per day 30.00 per day CLASS C $ 300.00 6#rwek Ohrough passages are deleted. -2- Underlined passages are added. Note* The Fee Schedule shown in this table is subject to annual revision based upon the provisions in 1-20-16.4. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted priorto January 1,1969, County ordinances and resolutions, or partsthereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft XXX Vice Chairman Chris Dzadvosky XXX Commissioner Tod Mowery XXX Commissioner Frannie Hutchinson XXX Commissioner Paula A. Lewis XXX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other 83rnek#reegh passages are deleted. -3- Underlined passages are added. appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this — day of 2011. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 5+ruelt Nwough passages are deleted. -4- Underlined passages are added. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-8-3 DATE. January 4, 2011 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Employee Health Clinic - Wastewater Collection System Parcel I.D. No. 2416-504-0781-000-8 Bill of Sale in favor of Fort Pierce Utility Authority BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Please see an attached memorandum N/A N/A Staff recommends that the Board approve the Bill of Sale in favor of Fort Pierce Utilities Authority, authorize the Chairman to execute the Bill of Sale and all necessary documents to convey the wastewater collection system to Fort Pierce Utilities Authority and direct staff to record the Bill of Sale in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: bQ APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 Faye W. outlaw, MPA County Administrator Review and Approvals PI� [x] County Attorney: Environmental Resources: Daniel 5. McIntyre [x] Originating Dept.: 'Imp— [ ] Road h Bridge: JoAnn Riley 5:\ACQ\WP\JoAnn\Employee Health Clinic\Agenda Request.wpd [ ] County Engineer: [x] Parks, Recreation an Facilities oger Shinn jm� PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: January 4, 2011 SUBJECT: Employee Health Clinic - Wastewater Collection System Parcel I.D. No. 2416-504-0781-000-8 Bill of Sale in favor of Fort Pierce Utility Authority BACKGROUND: During the construction process of the Employee Health Clinic we discovered the location had a septic tank and was not hooked up too wastewater collection system. We have installed the necessary pipeline for the wastewater collection system. To complete the connection to the system Fort Pierce Utilities Authority requires the pipeline and all related materials be conveyed to them through a Bill of Sale. Parks, Recreation and Facilities have no objections to the Bill of Sale. Once the Bill of Sale is recorded Fort Pierce Utilities Authority, assumes responsibility for the maintenance of the system. RECOMMENDATION: Staff recommends that the Board approve the Bill of Sale in favor of Fort Pierce Utilities Authority, authorize the Chairman to execute the Bill of Sale and all necessary documents to convey the wastewater collection system to Fort Pierce Utilities Authority and direct staff to record the Bill of Sale in the Public Records of St. Lucie County, Florida. Respectfully submitted, Ann Riley Property Acquisition Manager 5AACQ\WP\JoAnn\Employee Health Clinic\Agenda Memo.wpd i cou f L C) DISCLAIMER Employee Health Clinic COUNTY F L 0 R 1 D A D,SZ-, MER Employee Health Clinic 0.015 0.03 006 0.09 C DEPARTMENT OF PARKS, RECREATION AND FACILITIES Date: December 21, 2010 To: JoAnn Riley, Acquisition Agent From: Roger A. Shinn, Facilities Managed iry Subject: Employee Health Clinic —Wastewater Collection System As we steadily move closer to the completion of the Employee Health Clinic, we have encountered a request for a Bill of Sale from FPUA for the wastewater collection system recently installed by St. Lucie County at this location. It is with this request that we look to your office for assistance in the preparation of a Bill of Sale. We only recently learned during the construction process at the site that the location has a septic tank and was not hooked up to the wastewater collection system. We have now installed the pipeline necessary for the wastewater collection system. In order to implement a connection to the system, FPUA requires that the pipeline and all related materials be conveyed to them through a Bill of Sale. This should also include the property comprising the wastewater collection system for utility easement purposes and is indicated on the attached drawing. Upon the receipt of the Bill of Sale, FPUA as the owner assumes responsibility for the maintenance of the system. A notarized Contractor's Affidavit and Release of Lien are attached and are part of the requirements from FPUA to accompany the Bill of Sale. Please let us know if there is any additional information that we can provide to assist with preparing this for the Board approval. Cc: Debra Brisson, Parks, Recreation and Facilities Director Wayne Teegardin, Employee Relations and Safety Manager BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that ST. LUCIE COUNTY, ("Transferor"), for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, to it paid by the Fort Pierce Utilities Authority ("FPUA"), the receipt of which is hereby acknowledged, by these presents does grant, bargain, sell, transfer and deliver unto FPUA, its successors and assigns, all those certain goods and chattels located on or benefiting that certain real property (the "Real Property") located in the County of St. Lucie, State of Florida, such goods and chattels described as follows: All pipelines, pipes, tees, ells, manholes, connections, cutoffs, fire hydrants, valves, lift stations and all other equipment used or useful for and/or in connection with the water distribution system and/or wastewater collection system constructed and installed by Transferor, as described in the material list attached hereto and made a part hereof as Exhibit "A". It is the purpose and intent of the Transferor to convey to FPUA, by this Bill of Sale, all property comprising said water distribution system and/or wastewater collection system to and within the Property, together with all of the rights of the Transferor arising out of any and all guarantees, performance bonds, contracts and agreements of Transferor in connection with said water supply distribution and/or wastewater collection system. TOGETHER, with every right, privilege, permit and easement of any kind and nature of Transferor, in and relating to connection with the aforesaid water distribution system and/or wastewater collection system. TO HAVE AND TO HOLD the same unto FPUA, its successors and assigns, forever. AND TRANSFEROR does for itself, its successors and assigns, covenant to and with FPUA, its successors and assigns, that Transferor is the lawful owner of the above -described goods and chattels and that the said property is free and clear of all liens, encumbrances, and charges whatsoever; that it has good right and lawful authority to sell the same as aforesaid, and that it does warrant to defend the title and the sale of the said properties hereby made, unto FPUA, its successors and assigns, against the claims and demands of all persons whomsoever. IN WITNESS WHEREOF, Transferor has caused this Bill of Sale to be executed this 4th day of January, 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Millie Feliciano, Deputy Clerk Chris Craft, Chairman Page 1 of 2 APPROVED AS TO FORM AND CORRECTNESS County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this 4`h day of January, 2011, by Chris Craft, the Chairman of the Board of County Commissioners of St. Lucie County. He is personally known to me. Notary Public Signature Page 2 of 2 BILL OF SALE EXHIBIT "A" COST AND QUANTITIES MATERIALS LIST FOR WASTEWATER SYSTEM y, 2il'ij j:ijSAM No. 184 Fort Pierce Utilities Authority _ "Committed to Quality" / WaterNMastewater Engineering Department 113 N, 2nd Street (P.O. Box 3191) Fort Pierce, FL 34950 (34948) Cost and Quantities Materials List for Wastewater System "Exhibit N' Project Name: Installed Total Asset Class lief Asset ID Item Description Quantity Unit Unit Price Unit Price ID � f li I,, pul!�i�,!I�attjs- WOO 3-Inch L.F, $0,00 804495CC 84-8352CC 10 inch L.F. $0.00 I?iijl 12 inch L.F. $0.00 III, ...'I{Ifj I�i'..,' ©IR;�I�;c+a�f�����k�►�� >__.1�.L'_.il '��"�!}i ,,cis 8-inch L.F. $0.00yI804470CC 84-8352CC j7� , 10-inch L.F. $0,00 12-inch L.F. $0.00 lit 8-inch L.F. $0.00 (I< 10-inch L.F. $0.00 12 inch L.F. $0,00 a; i 2-inch L.F- $0.00 $0,00 ;;IIs� � 80439OCC 84-8352CC 4-inch L.F. 4+Yil 6-inch L.F. $0.00 11cl'804445CC 84-8352CC 8-inch L.F. $0.00 20449OCC 84-8352CC 10 inch L.F. $0.00 804195CC 84-8352CC 12 inch L.F. $0.00 {'!jl�' 804185CC ;SI�I 84-8352CC 16-inch L.F, $0.00 it i�'j��ij 804217CC 84-8352CC 24-inch L.F, $0.00 'I`E 804384CC 84-8352CC tt ow- 804392CC 84-8352CC 4-inch L.F. $0.00 � 6 inch L.F. $0.00 V !j is i,. 8-inch L.F. $0.00i:ii 804491CC 84-8352CC 10-inch L.F. $0.00 !{ ` 12-inch L.F. $0.00 1i' 80417OCC 84-8352CC 16-inch L.F. $0.00},i 804423CC 84-8352CC 24-inch L.F. $0.00 F =. 9. 2010 7: 05AM No.1584 P. 4/5 Item Description P Quantity Unit Installed Total "'S Asset Crass Unit Price Unit Price iP"i'l, Asset 1D ID 'I111i-1 {�s 2-inch L.F. $0.00 804260CC 84-8352CC 4-inch L.F. $0,00 i>p I' 6 inch L.F. $0.00 f;'?i 80443OCC 84-8352CC 8-inch L. Fii�'� $0.00 iifli 804480CC 84-8352CC 10-inch L.F. $0.00 r,lf I'rl.;l 12 inch L.F. $0.00f� 604481CC 84-8352CC 16-inch L.F. $0.00 'lil�j 804216CC 84-6352CC 18-inch L.F. $0.00 24 inch L.F. $0.00 ,+' 804515CC 84-8352CC Wi 2-inch EA. $0.00 "`"' 80406OCC 84-8352CC 4-inch EA $0.00 j .6 Inch EA.is?i $0.00 it !;' 804063CC 84-8352CC 8-inch EA $0,00; ;cJffj" 804064CC 84-8352CC 10-inch EA. $0.00 12-Inch EA. $0.00t�'�' 16-Inch EA. $0.00 iar 804067CC 84-8352CC 18-inch EA $0.00 20-inch EA, $0.00 24 inch EA. $0.00 �yj�� �LL7•��Q�.��C W!I:ILI-l�GW:.i: 6 inch EA. $ 0.00 �u 8-inch Ep,, $0.00 it 80468OCC 84-8352CC 10-inch EA, $0.00 *� 12 inch EA, $0.00 ,,,::, h11 � 804578CC 84-8352CC 16-inch EA. $0.00 !iTI:i 18-inch EA: �f 20-inch EA. $0.00 24-inch EA. $0.00 i!' 4-inch PVC L.F. $0.00 (',i, 805040CC 84-8353CC 6-inch PVC S ' L.F. 33 `�$ ' $0.00 ii}!! �805080CC 848353CC 8-inch PVC L.F. $0.00,j Manholes EA. $0.00 j if.804095CC 84-8352CC Controls EX $p.00 607166CC 84-8361CC Pumps hp EA. $0.00 !;1 809061 CC 84-6363CC Wet Well EA. $0.00 ,:; ;I;Ij:? 808006CC 64-8362CC Dec, 9. 2010 7:05AM Item Description Installed Quantity Unit Unit Price No, 1584 P. 5/5 Total ;ill;;: Asset Class Unit Price ; Asset Ib ID �II;1�I� Controls Pumps hp Wet Well ,i 14rl.. ifi Controls Pumps hp Wet Wall EA. EA. EA. EA. EA. EA_ $0,00 $0.00 $0.00 $0.00 $0.00 TOTAL $0.00 Signature of Engineer of Record bate Total item cost should include all labor, materials, restoration, testing, fittings, MOT, wire, tap, and mobilization. PLEASE D© NOT MODIFY THIS FORM IN ANY WAY 807166CC 84-8361 CC 809061CC 84-8363CC 808008CC 84-8362CC 807166CC 84-8361 CC 809061CC 84-6363CC 808008CC 84-8362CC 9. 20107 % : 04AW5607047 IMU PUMBING INC Oct.13. 2010 2:36PH FPUA—W/WW ENGINEERING Map No.1584 P. 1/5' No, 0 S ' 4 P. 4 Ql'Oaft 7ireR4 &aMW Num ChgMkW Feed Line sc~ ARV ►AbaBddoeb Gone Ste • �Oedgn �' Sorel Wive ^•rlts�p6d Canda�e►ics v err sugon wet owed ® clean out CRY umRs • 0 [Jf[ S1'ation Pumps 16 9�ar r,wlee*1 roe Urfa Mnflhdt `fin ® Atranaonaa b�tps condkb MmWs --ACUVM MCk to OM ' at Loot meows CRY Um9d • — oom" d "uao+d D. c, 9. 20 10 7: 04AM No. 1584 P. 2/5 CONTRACTOR'S AFFIDAVIT AND RELEASE OF LIEN Before me, the undersigned authority, duly authorized to take acknowledgments and administer oaths, personally appeared S40# i�rc� dau ("Contractor"), who, after being first duly sworn, deposes and says that' 1. 1 am licensed contractor in the State of Florida ailing address). doing business located 7 as at Contractor, pursuant to the Contract dated 10• IZ • 2010 ("Contract") between Contractor and 9+ L44U�Cu7M4ml - - wrier"), for certain construction related to a project known as SLC CUuMty Ernlotd� 1,fiC4144.4 CIINIG has heretofore furnished, or caused to be furnished, la or, materials, and/ or other service for the construction of certain water and wastewater utility improvements, as more particularly set forth in the Contract. Contractor represents that all work to be performed under the aforesaid Contract with respect to the water and wastewater utility improvements has been fully completed and that all subcontractors, materialmen, lienors, and potential lienors, who have furnished labor, materials, and/or other services with respect to such utility improvements have been paid in full, or, if not, have executed partial Waiver of Liens, pertaining to the labor, material, and/or other services provided in connection with the construction of the utility improvements. 4. In consideration of final payment to the Contractor, and all other previous payments paid by the Owner to the Contractor, the undersigned does hereby, for and in behalf of the Contractor, waive, release and relinquish the Contractor's right to any claim or demand or right to impose a lien or liens for work done or materials for services furnished or any other class of lien whatsoever, on any of the property owned or to be transferred for ownership to the Fort Pierce Utilities Authority, including easement and right-of-way ownership interests, on which improvements have been completed in connection with the aforementioned Contract. 5. Contractor represents that he has authority to execute a full and final Release of Lien for and on behalf of the Contractor. Under penalties of perjury, I declare that I have read the foregoing Affidavit and the facts stated in it are true. STATE r I &V I da, COUNTY 1:A4:11 Q'AA EIVG✓ 0—,— Signature Printed Name On this IS day of Deu*kibe�V' , 20 10 , before me, the undersigned notary, personally appeared SCOff QtdgM , who [*?ft personally known to me or [ ] proved to me through identification documents allowed by law, which were N6Z , to be the person who signed the preceding document in my presence and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of his/her knowle e and belief. MEAGAN A. KERR Not ut)li Cnmmissim # EE 022274 Notary Expires October 7, 2014 Bo rded Thtu Troy Fairs Insr w= 80 }385-7019 n/(4A4A.rl A • I40+11— rinted Name My Commission Expires: ld'7• Z©1y AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-4 DATE: January 4, 2011 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Revocable License Agreement Chem -Tex Supply Corporation/Allied New Technologies 9545 Range Line Road BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: See an attached Memorandum N/A N/A Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Chem -Tex Supply Corporation/Allied New Technologies to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: (< APPROVED [ ] DENIED [ ] OTHER Approved 5-0 [x] County Attorney Daniel S. McIntyre %dye' ro j;.6iz [x] Originating Dept: jtkL JoAnn Riley Review and Approvals [x] Road and Bridge: MA Don Pauley [x] Engineering: M`r P Mike Powley CONCURRENCE: 5:\ACQ\WP\Janet\Licenseagree\Allied New Technologies - Fence\Agenda Request.wpd Faye W. Outlaw, MPA County Administrator [x] Public Works. M VPa Don West [ ] County Surveyor: Ron Harris PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: January 4, 2011 SUBJECT: Revocable License Agreement Chem -Tex Supply Corporation/Allied New Technologies 9545 Range Line Road BACKGROUND: Chem -Tex Supply Corporation requests permission to install a fence within the County's Range Line Road right-of-way. Chem -Tex Supply Corporation has gone through a substantial expansion over the last year or so. During the expansion process, the County requested 10' of additional right-of-way on Range Line Road. Unfortunately, during the conveyance of the additional right-of-way, they installed fencing within the right-of-way conveyed to the County. Staff approves the Revocable License Agreement with the understanding that Chem -Tex Supply Corporation will remove the fence upon 90 days written notice at no expense to the County. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Chem -Tex Supply Corporation/Allied New Technologies to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, A a", - - — Ann Riley Property Acquisition Manager 5:\ACQ\WP\Janet\Licenseagree\Allied New Technologies - Fence\Agenda Memo.wpd il'A DISCLAIMER COUNTY F L O R I D A All CULPEPPER & TERPENING, INC CONSULTING E N G N E E R S LAND SURVEYORS Writers e-mail: dmurphyQct-eng.com job Number: 06-505 December 10, 2010 Ms. JoAnn Riley, Property Acquisition Manager St. Lucie County Attorneys Office 2300 Virginia Avenue Ft. Pierce, Florida 34982 Subject: Chem -Tex Supply Corporation/Allied New Technologies Entry Drive Revocable License Agreement with St. Lucie County Dear Ms. Riley: As you may be aware, Chem -Tex Supply Corporation/Allied New Technologies has a production facility at 9545 Range Line Road, in Port St. Lucie. Range Line Road is a County maintained roadway and the right-of-way for this road is in the name of St. Lucie County. This facility has been undergoing a substantial expansion and upgrade over the last year or so. Through this expansion process, we were required to obtain from the County several site plan modifications. As part of those modifications, we were requested to convey to St. Lucie County certain additional property for the future widening of Range Line Road. Unfortunately, at the time the right-of-way conveyance was being requested/completed, we had already installed certain site fencing and entry announcement devices in the area of what was now proposed to become public right-of-way. Attached, please find two generalized sketches that highlight the condition of the property. Since there are no current plans, or timetables to widen Range Line Road, there appears to be no immediate need for the right-of-way conveyed. Noting this, we are requesting that a Revocable License Agreement be entered into between St. Lucie County and Chem -Tex Supply Corporation, that would permit these existing improvements to remain in place until such time as the need for the right-of-way is present. We understand that it will be our obligation to see that these improvements are removed should the County so direct. Thank you for your attention to this matter. If you have any questions, please let me know. Sincerely, CULPEPPER & TERPENING, INC. Dennis. Murphy Principal Planner DIM Attachment P:\Proj-2006\06-505 \ Correspondence\ 06-505 SLC Property Acq, 001, riley, request for revocable lic agreement_121010.doc A LEGACY OF EXPERTISE AND EXCELLENCE 2980 SOUTH 25TH STREET FT. PIERCE, FL 34981 (772) 4 6 4 - 3 5 3 7 FAX (772) 464-9497 t 4 I I � � 7 EE P" stttPi{ dt:•_dP f{= o# M Ot V7 � x YF R -s : _ • - • -. 4-. � fje-�' !t};�}� g3 }K; � g 4 Alp x' r}•i V] { s F — Z a�Pia tie3t:ie a$s is m Nil A i i a iE eiiai= �}ll;e lt'i� "! � F WHY Y ii j NMI �!�] ,R!'i O F a f _ r f z Qd IP lilt, . ; 11gy }I�sltll�l ly-, 33�t° x ti W yg } tl SI g 33 s k` t i.'$B tg 9t}3 i F. tim 3!:}Y U A d n L 1 S M n L °7E3'I�_j E lajaFtPy d Elll CIL TIE xI rr r ' I I ##p pp IL --- — e e a e ay 1 II E z 2 I a2 II Y i c r♦ _ W g ! •P g¢�� d 4 h R / I • I -- Il� i `----- — o - t� I� ,--'- {I iv "$sl L— ii sill / + 7r -------------- 9 , �f II •r, p`qp`, m>r•vs M j r9 0 zm is+u � II r gg I I 5S 4 r4 [+ q p MAX 24 " In n {III_ U gr p d w ip z � � Hill w c - S o� 1 0 111 I q z� I I W z z w UJO w l o ° - Zi-------------- XmUN W t:. 00000 ZII a < e W F a iuf - W U � b I R I zv, EE F a I JaV � H v DE 54 54 ec �IQ4LJ I ° cn I � � rA � U � O '�" p This instrument prepared by: Janet LiCausi under the direction of r Daniel S. McIntyre, County Attorney _ _ f - 2300 Virginia Avenue _ --L Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT CHEM-TEX SUPPLY CORPORATION THIS AGREEMENT made and entered this day of 2011, by and between ST. LUCIE COUNTY (COUNTY), a political subdivision of the State of Florida, and CHEM-TEX SUPPLY CORPORATION (CHEM-TEX) whose address is 8350 NW 93rd Street, Miami, Florida 33166-2026. WHEREAS, CHEM-TEX desires to install fencing in the COUNTY right-of-way contiguous to the CHEM-TEX property located at 9545 Range Line Road. The fencing will be solely maintained by CHEM-TEX or their assigns. WHEREAS, CHEM-TEX has requested that the COUNTY allow them to install fencing in the County right-of-way as shown on attached Exhibits "Al" and "AT'. WHEREAS, the COUNTY has agreed to allow the installation of fencing in the COUNTY's right-of- way, subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: The COUNTY agrees to grant CHEM-TEX a Revocable License Agreement for the purpose of installing and maintaining fencing in the COUNTY's right-of-way along a portion of CHEM-TEX's property frontage at 9545 Range Line Road. CHEM-TEX will install the indicated fencing, subject to the terms and conditions set forth in this Revocable License Agreement. 2. The sole purpose of this Revocable License Agreement is to allow CHEM-TEX to install fencing in the location identified in Exhibits "A1" and "A2". 3. This Revocable License Agreement shall be binding on future successors and assignees of CHEM-TEX, provided CHEM-TEX gives adequate notice to the COUNTY pursuant to Paragraph Eight (8) of this Agreement. 4. The County shall have the right, at the sole discretion of the County Engineer or Road & Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at CHEM-TEX's sole expense upon ninety (90) days written notice to CHEM-TEX. The County Engineer REVOCABLE LICENSE AGREEMENT CHEM-TEX SUPPLY CORPORATION Page 1 of 5 or Road & Bridge Manager may, in lieu of termination, request CHEM-TEX perform certain alterations at CHEM-TEX's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road & Bridge Manager, the COUNTY shall be entitled to exercise its right to terminate this Agreement. 5. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 6. CHEM-TEX agrees to relocate the referenced encroachments, at any time and at no cost to the COUNTY, if necessary for the maintenance or improvements of Range Line Road. 7. CHEM-TEX agrees to allow COUNTY employees access to the location of the encroachments for COUNTY purposes as determined by the County Engineer and/or the Road & Bridge Manager. 8. 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 Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 As to Owner: Chem -Tex Supply Corporation 8350 NW 93rd Street Miami, Florida 33166-2026 With Copies to: County Engineer 2300 Virginia Avenue, 2nd 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. 9. As consideration for the COUNTY granting this Revocable License Agreement, CHEM-TEX 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 CHEM-TEX 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 CHEM- TEX's use of the property. CHEM-TEX shall not indemnify the COUNTY for claims, losses or damages caused by the acts or omissions of the COUNTY or others not under CHEM-TEX's control. 10. The COUNTY shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. CHEM-TEX shall pay any document excise taxes and the cost of recording this Revocable License Agreement. REVOCABLE LICENSE AGREEMENT CHEM-TEX SUPPLY CORPORATION Page 2 of 5 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 COUNTY BOARD OF COUNTY COMMISSIONERS Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney CHEM-TEX SUPPLY CORPORATION By: It's (CORPORATE SEAL) The foregoing instrument was acknowledged before me this day of , 2011, by as of CHEM-TEX SUPPLY CORPORATION and produced a of identification) and who did take an oath. WITNESS my hand and official seal, this day of , A.D., 2011. My Commission Expires: Signature of Notary Public S:\ACQ\WP\Janet\Licenseagree\Allied New Technologies - Fence\License Agreement.doc REVOCABLE LICENSE AGREEMENT CHEM-TEX SUPPLY CORPORATION Page 3 of 5 REVOCABLE LICENSE AGREEMENT Exhibit A-1 CHEM-TEX SUPPLY CORPORATION Page 4 of 5 Exhibit A-2 REVOCABLE LICENSE AGREEMENT Page 5 of 5 CHEM-TEX SUPPLY CORPORATION AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Donation of Right -of -Way South Jenkins Road Midway Industrial Park, Phase III Resolution No. 11-030 BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: ITEM NO. VI-B-5 DATE: January 4, 2011 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager September 25, 2001- Board of County Commissioners approved the Midway Industrial Park, Phase III Major Site Plan, through the adoption of Resolution No. 01-138. RECOMMENDATION: Staff recommends that the Board accept the Right -of -Way Deed, authorize the Chairman to sign Resolution No. 11-030 accepting the Right -of -Way Deed and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER Approved 5.0 ifoun Ai-- County Attorney: Daniel 5. McIntyre i [x] Originating Dept. J fw— JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Road and Bridge: m�� tow Don Pauley [x] Engineering. My Mike Powley 5:\ACQ\WP\Right of Way Donations\FMPA\Agenda Request.wpd [x] Public Works: MoJ/ ruv Don West [x] County 5urveyor:�w Ron Harris PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: January 4, 2011 SUBJECT: Donation of Right -of -Way South Jenkins Road Midway Industrial Park, Phase III Resolution No. 11-030 BACKGROUND: On September 25, 2001, the Board of County Commissioners approved the Midway Industrial Park, Phase III Major Site Plan, through the adoption of Resolution No. 01-138. Condition Number 2 required the developer to convey South Jenkins Road right-of-way to St. Lucie County. We have attached the Right -of -Way Deed executed by Florida Municipal Power Agency for your review and acceptance. RECOMMENDATION: Staff recommends that the Board accept the Right -of -Way Deed, authorize the Chairman to sign Resolution No. 11-030 accepting the Right -of -Way Deed and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, ( : L=�_ oAnn Riley Property Acquisition Manager 5:\ACQ\WP\Right of Way Donations\FMPA\Agenda Memompd �- _ Florida Municipal Power Agency o w R W i ILL z a tu W -W MIDWAY RD - CLAIMER COUNTY F L O R I D A 3 s PREPARED BY/RETURN TO: Property Acquisition Division without the benefit of title St. Lucie County 23M Virginia Avenue Fort Pierce, Florida 34982 RIGHT-OF-WAY DEED THIS DEED, executed this 9 +h day of T)Membec , 20 10 by FLORIDA MUNICIPAL POWER AGENCY, a Governmental Legal Entity, whose address is 2061 - 2 Delta Way, Tallahassee, Florida 32303, hereinafter called the Grantor, to ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee' include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires). WITNESSETH, That the said Grantor, for and in consideration of the sum of $1.00 in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and conf irms unto the Grantee forever, all that certain land, situate, lying and being in the County of St. Lucie County, State of Florida, to wit: SEE ATTACHED EXHIBIT'A' THIS DEED 15 INTENDED TO CONVEY ADDITIONAL RIGHT-OF-WAY FOR SOUTH JENKINS ROAD. SUBJECT TO EASEMENTS OF RECORD ON THE DATE OF THIS CONVEYANCE WHICH INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING: Transmission Line Easement (83.5' wide) in favor of Florida Power Light Company recorded in Official Record Book 3027, Page 791. Transmission Line Easement (170' wide) in favor of Florida Power 6 Light Company recorded in Officicl Record Book 96, Page 62. Memorandum of Right -of -Way Consent Agreement between Florida Municipal Power Agency and Florida Power 6 Light Company recorded in Official Record Book 2642, Page 1199. Non-exclusive Utility Easement (30' wide) in favor of Peoples Gas System recorded in Official Record Book 2911, Page 737. Utility Easement (10' wide) in favor of Fort Pierce Utilities Authority recorded in Official Record Book 1120, Page 2563. Utility Easement (12' wide) in favor of Fort Pierce Utilities Authority recorded in Official Record Book 1013, Page 679 and 682. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and Yew first above written. Signed, sealed and delivered GRANTOR: in our presence as witnesses: FLORIDA MUNICIPAL POWER AGENCY, a governmental Legal Entity Print Name: P. G acr a llo Its: i t neral WAnm je c n r�cll c c- o STATE OF R -d 121 DA COUNTYOF 0QANC.E The fore . instrument was acknowledged before me this ZOO, by N i c--—�Yof �eCe mbc� 1as P. Guacume(lo , as ehera( Mot% 0 of FLORIDA MUNICIPAL POWER AGENCY, a Governmental Legal Entity, an its behol , who is aersorally known to me, whehas pi ed - uff [NOTARY SEAL] NOTARY PUBLIC w 9ns�pifsquY...... 7........ C...Np.ggq.. DONNA SUE UTI..EY Comm ui10902343 My commission expires: Expires 7/10/2013 •' Fonda Notary Assn., Inc w.............. e:.ca.a. e...................... S:IACQIWP\Riyht of Way Donations\FMPA\Pight of Way Deed (revised 2).Wpd LEGAL DESCRIPTION Being a parcel of land lying in Section 31, Township 35 South, Range 40 East, St. Lucie County, Florida, being more particularly described as follows; Commence at the Southwest corner of said Section 31; thence N00'10'13"W, along the West line of said Section 31, a distance of 199.93 feet to the Southerly right—of—way line of the Florida East Coast Railroad (a 200.00 foot wide right—of—way); thence N44'44'41 "E, along said Southerly right—of—way line, a distance of 519.72 feet to the POINT OF BEGINNING of the following described parcel; Thence continue N44'44'41"E, along said Southerly right—of—way line, a distance of 321.19 feet to the intersection with a non tangent curve concave to the southwest, having a radius of 3,336.33 feet, the chord of which bears S29'01'11 "E; thence southeasterly along the arc of said curve, a distance of 856.46 feet through a central angle of 14'42'30" to the North right—of—way line of N.S.L.R.W.C.D. Canal No. 102 (a 99.00 foot wide right—of—way); thence S89'57'15"W, along said North right—of—way line, a distance of 171.77 feet to the intersection with a non tangent curve concave to the southwest, having a radius of 1,784.33 feet, the chord of which bears N42'05'19"W; thence northwesterly along the arc of said curve, a distance of 703.77 feet through a central angle of 22'35'54" to said Southerly right—of—way line and the POINT OF BEGINNING. Containing 4.035 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. EXHIBIT _ 5.Z7,zo,aI A Mic_ ael T. Kolodziejcz DATE SIGNED Professional Surveyor & Dapper Florida Certificate No. 3864 REVISION: REVISED BOUNDARY LINE & LEGAL DESCRIPTION GLM 5-26-2010 Sheet 1 of 2 DESCMP110N OF JENKINS PARCEL File: 09-503s&d CULPEPPER & TERPENING, INC Jenkins rd.dwg CONSULTING ENGINEERS I LAND SURVEYORS Date: 5-19-2009 2980 SOLMH 25dz STREEr } FORT PMRCE, FWRMA 34981 PHONE 772-464-3537 FAX 772464-9497 �vww.ct-ea&oom Tech: GLM STATE of FLOunA CERTIRCAMON I.O. LS 4256 SKETCH TO ACCOMPANY LEGAL DESCRIPTION LESS IS NOT A SLOVEY z F/ O W z J / H N / / 4.035 ACRES t p4s p 12' UnUTr EASEMENT 'P s' p O.R.B. 1013, PG. 682 7s C3 / O.R.B. 1013. PG. 65 �9 FPALL EASEMENT O PoC O.R.B. 96, PG. 62 O C SOUTHWEST Z CORNER — NORTH RIGHT_ -OF-WAY UNE_ _ 36 31 N.S.LR.W.C.D. CANAL NO. 102 GRAPHIC SCALE 200 0 100 200 ( DI Mr ) I Lash . 80o It V< o > s d% S89'57'15" 171.77' APL N89'57'15"E C CHORD BEARING AND DISTANCE G DELTA R RADIUS BEARINGS SHOWN HEREON ARE ASSUMED AND L ARC LENGTH RELATIVE TO THE WEST LINE OF SECTION 31 POB - POINT OF BEGINNING HAVING A BEARING OF NOO.10-13"W POC - POINT OF COMMENCEMENT N.S.L.R.W.C.D. - NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT SIKE7N OF DEsmpim OF JENKINS PARCEL Sheet 2 of 2 File: 09-503s&d CULPEPPER IN TERPENING, INC jenkins rd.dwg CONSULTING ENGINEERS I LAND SURVEYORS Dote: 5-19-2009 2980 SOUTH 25th STREET FORT PIERCE, FLORMA 34981 PHONE 772-464-3537 FAX 772464-9497 Tech: GUN vww-ct'm&— STA'1Y OF FLORIDA CERTIFICATIOAI tis. LB 42" Florida, that: RESOLUTION NO. 11-030 A RESOLUTION ACCEPTING A RIGHT-OF-WAY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing Right -of -Way Deed from Florida Municipal Power Agency is duly accepted on behalf of St. Lucie County this 4" day of January, 2011. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: SAACQ\WP\Right of Way Donations\FMPA\Resolution No. 11-030.wpd Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney W 2 3 4 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 n� Z 6rn6 RESOLUTION 01-138 FILE NO.: MJSP-01-001 A RESOLUTION GRANTING MAJOR SIT PLAN APPROVAL FOR THE PROJECT TO BE OWN AS MIDWAY INDUSTRIAL PARK, PHAS III IN THE IH (INDUSTRIAL HEAVY) ZONING DI TRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County,Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Midway Properties of St Lucie County LC, presented a petiti n for Major Site Plan Approval to allow an 18-lot industrial subdivision to be known as Midway Industrial Park, Phase Ili Subdivision on 286 acres of land at the n rtheast corner of the intersection of South Jenkins Road and West Midway Roa in the IH (Industrial Heavy) Zoning District for the property described in Part B belo . 2. The Development Review Committee has reviewed the site Ian for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Ian, subject to certain conditions set forth in Part A. 3. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie county. 4. With the conditions imposed pursuant to this Resolution, the pmposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 5. All reasonable steps have been taken to minimize any adverse qffect on the proposed project on the immediate vicinity through building design, sited sign including upland and wetland buffers, landscaping and screening. 6. With the conditions imposed in Part A of this Resolution, the Proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable distric regulations. 7. The Fort Pierce Utility Authority will provide water and sewer s rvice to the proposed project. 8. A Certificate of Capacity, a copy of which is attached to this res ution, was granted by the Community Development Director on September 25, 2001. File No.: MJSP-01-001 September 25, 2001 Resolution 01-138 Page 1 XmC-4 c° 3> omz mom o-I= �••a o z o I.., n CA o 0 om o � w c T m cri F r 3> i-1 z r- c m n 0 c z 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 51 52 NOW, THEREFORE, BE IT RESOLVED by the Board of County County, Florida: of St. Lucie A. Pursuant to Section 11.02.05 of the St. Lucie County Land De elopment Code, the site plan for the project to be known as Midway Industrial Pa k, Phase Ill, is hereby approved as depicted on the site plan drawings for the project Orepared by Culpepper & Terpening, Inc., dated 3/26/01, last revised 8/21/01, and date tamped received by the St. Lucie County Community Development Director on 8/ 3/01, for the property described in Part B, subject to the following conditions: Prior to issuance of any building permits for any lot within t e Midway Industrial Park, Phase III Subdivision, the petitioner, their success s or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the south 40 feet of the parcel for the future wider ing of West Midway Road. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Ff e Credits. Prior to issuance of any building permits for any lot within t e Midway Industrial Park, Phase III Subdivision, the petitioner, their success0 s or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the road right-of-way for South Jenkins road as depi ed on the site plan drawings referenced in this Resolution. To the extentPermitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 3. Prior to the issuance of any building permits on any of the lots within the area referred to as the Midway Industrial Park, Phase III site plan excluding lot 5, the developer, his successors or assign to that property shall be equired to submit a complete site plan for review and approval, regardless of th size of the project. Each site plan shall be prepared in accordance with the requirements set forth in Section 11.02.00 of the St. Lucie County Land Development de. Each individual site plan submittal shall be required to provide a traffic impact statement, prepared by a professional engineer registered in the State of Florida ar d with demonstrated familiarity with traffic planning practices, the purpose of whici is to provide for a cumulative impact review of the developments traffic im acts. Unless the proposed use of the property requires review and processing s a conditional use, all development reviews shall be processed consistent with he Minor Site Plan Review process. Should a conditional use permit be requi ed, the appropriate process shall be adhered to. Prior to the issuance of the first building permit, in any por development project known as Midway Industrial Park, Pha proposals on Lots 5, 7 or 8, provided that the developmei associated with the development of the Duke Energy site p through Resolution 01-007, the developer shall post a letter c of security acceptable to the St. Lucie County Attorney, in the the cost to provide for the signalization of the intersection of and West Midway Road. The estimated cost of this signalizati required amount to bonded would be $87,500. If after 10 y the required security being posted with St. Lucie County warranted, the security shall be refunded or released. File No.: MJSP-01-001 September 25, 2001 m of the proposed III, excluding any on Lots 7 or 8 is n project approved credit or other from nount of one-half of 'outh Jenkins Road i is $175,000. The rrs from the date of raffic signal is not Resolution 01-138 Page 2 0 M 0 0 w 3> m N U1 1 3 4 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 5. No building permits for any portion of the Midway Industrial P rk, Phase III, may be issued until contracts have been let for the construction of de icated left turn lanes (north, south, east and west) at the intersection of West Mi ay Road and Selvitz Road. No Certificates of Occupancy shall be issued for any ortion of the Midway Industrial Park until the construction of these turn lanes has en completed. This condition shall not apply to any proposals on Lots 5, 7 or 8, provided that the development on Lots 7 or 8 is associated with the developme t of the Duke Energy site plan project approved through Resolution 01-007. 6. No building permits for any portion of the Midway Indus rial Park, Phase III development lying south of NSLRWCD Canal No. 102 (th south Y2) shall be issued until left and right turn lanes are provided along West Midway Road at the intersection of South Jenkins Road and West Midway Road. 7. No building permits for any portion of the Midway Indus rial Park, Phase III development lying south of NSLRWCD Canal No. 102 (th south Y2) shall be issued until right and left turn lanes are provided along West Midway Road at the intersection of Post Office Road and West Midway Road. 8. No more than 38 acres (2,400 aadt trips) of any portion of t e Midway Industrial Park, Phase III development lying north of NSLRWCD Canal o. 102 (the north Y2) may be developed until the intersection of Energy Drive and S Ivitz Road has been signalized. If it is shown that the required signal improvemen s are not warranted, then these improvements may be deferred until warrants are et. Signal warrant studies at this intersection shall be a part of any traffic i submitted as required condition number 2. Pact fee statement 9. Prior to the issuance of any Land Clearing Permits for any I t within the Midway Industrial Park, Phase III Subdivision, the developers shall clearly delineate all areas to be preserved and/or protected. Delineation shall be by either silt safety fencing or similar type of materials. All land clearing activities shall be fencing, t accordance to the specific conditions/standards outlined in the Land Clearing Permit. 10. Prior to commencement of any land clearing activities, the ceveloper shall have obtained from the appropriate permitting authorities all necessary permits and approvals to provide for the relocation of all gopher tortoises ound on the project site. Prior to the elimination of nay gopher tortoise burrows, al efforts at relocation shall have been fully explored and demonstration of the inabil y or implacability to relocate any on -site gopher tortoises shall be demonstrated to S1, Lucie County. 11. The proposed wetland mitigation/preservation area depicted on the project site plan is recognized as conceptual in nature and subject to further Federal and State agency approval. If any agency approvals are not obtained or f an alternative plan is found to be more appropriate, the project mitigation plan de icted in the site plan submittal shall be amended accordingly. 12. Final plats for this project shall include as part of the re, easements, all required upland buffers for the isolated wets buffers shall consist of preserved or planted vegetation but sl understory, and ground cover of native species only. The edge at the upland limit of any wetland or deepwater habitat and a r square feet of buffer shall be provided for each linear foot of w habitat perimeter. This upland edge habitat is to be located s File No.: MJSP-01-001 September 25, 2001 fired conservation nds. The upland ill include canopy, habitat shall begin inimum of ten (10) :land or deepwater that no less than Resolution 01-138 Page 3 0 to 0 a w -v M m PQ 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 51 52 53 54 fifty (50) percent of the total shoreline is provided with a buffed strip at least ten (10) feet in width. 13. As part of the Platting of this property, the referenced Con ervation Lots on the project site plan shall be recognized as non -buildable parcels. 14. As part of the Platting of this property, all conservat on easements and environmental dedications shall include a requirement that St Lucie must approve any release, in part or total, of any portion of any conse ation easement or dedication. 15. As part of the site plan of the review process for all lots with he Midway Industrial Park, Phase III development area, all development is su ject applicable and requirements of Chapter 6, of the County's Land Developme it Code. No lot may be clear-cut or otherwise altered until a complete vegetatio removal/ protection plans has been submitted to and approved by St. Lucie Count B. The property on which this Major Site Plan approval is being ranted is described as follows: DESCRIPTION Parcel 1 That part of the south one-half of Section 31, Township 35 South, Range 40 East, St. Lucie County, Florida, lying south and east of the Florida Eat Coast Railroad right-of-way; Less and except the following: (i) That portion of thereof conveyed to the City of Fort Pierc , Florida, for the use and benefit of the Fort Pierce Utilities Authority a described in a special deed dated November 9, 1992, recorded In O. R. Book 816, Page 1135 of the Public Records of St. Lucie County, Florida; Also less: (ii) The right-of-way for North St. Lucie River Water Control and 102; Also less: (iii) The right-of-way for Selvitz Road. PARCEL II Lot 8 in the northeast one -quarter of MODEL LAND COMPANY'S Section 6, Township 36 South, Range 40 East, as per plat thereof Book 4, Page 34 of the Public Records of St. Lucie County, FI except the right-of-way for North St. Lucie River Water Control DI also less the right-of-way for Favorite Road. File No.: MJSP-01-001 September 25, 2001 Canals 101 SUBDIVISION of recorded in Plat orida; Less and strict Canal 102; Resolution 01-138 Page 4 I Parcel III: 2 3 Being all that part of Lots 1 through 6, Inclusive, and Lots 3 and 14, in the 4 northwest one -quarter of MODEL LAND COMPANY'S SUBDIVISI N of Section 6, 5 Township 36 South, Range 40 East, as per plat thereof record d in Plat Book 4, 6 Page 34 of the Public Records of St. Lucie County, Florida, lying east of the east 7 boundary of the Plat of MIDWAY INDUSTRIAL PARK, as recorde I in Plat Book 38, 8 Page 35, Public Records of St. Lucie County, Florida: 9 10 Less and except the right-of-way for North St. Lucie River Wat r Control District 11 Canal 102; also less the right-of-way for Favorite Road, adjacen to Lots 1 and 2; 12 also less the right-of-way for Midway Road. 13 14 Parcel IV: 15 16 Lot 15 In the northwest one -quarter of MODEL LAND COMPANY' SUBDIVISION of 17 Section 6, Township 36 South, Range 40 East, as per plat there recorded in Plat 18 Book 4, Page 34 of the Public Records of St Lucie River County, lorida; 19 20 Less and except there from the following: 21 22 (i) The rights -of -way for Favorite Road and Midway Road. 23 24 Also less; 25 26 (ii) That portion of thereof conveyed to the United Stated postal Service as 27 described in Warranty Deed, dated July 22, 1987, recorded in O.R. Book 28 550, Page 2472 of the Public Records of St. Lucie County, lorida; 29 30 Also less; 31 32 (iii) A 70-foot wide strip of land dedicated as road right-of-wEty in favor of St. 33 Lucie County, Florida, by that certain Deed of Dedication, dated August 11, 34 1988, recorded in O.R. Book 601, Page 370 of the Public Records of St. 35 Lucie County, Florida. 36 37 PARCEL V: 38 39 All that part of Favorite Road, a former 50-foot right-of-way, lying in the northwest 40 one -quarter of Section 6, Township 36 South, Range 40 East, as abandoned by, 41 and described in, Resolution 98-119, dated June 2, 1988, recorc ed in O.R. Book 42 1156, Page 1096 of the Public Records of St Lucie County, Florida. 43 44 Containing 286.35 acres, more or less. 45 46 (Location: Northeast comer of the intersection of South Jenkins Road and W t Midway Road) 47 48 C. This site plan approval shall expire on September 25, 2003, ur less construction plan 49 approval for the required improvements associated with this Major Site Plan have been 50 approved by St. Lucie County. Unless otherwise addressed th ough the construction 51 plan review/approval process, all required infrastructure and im rovements associated 52 with this subdivision shall be completed within 12 monthE of approval of the 53 construction plans by St. Lucie County. In no case shall the a proval period for this 54 Major Site Plan, for the purpose of constructing the infrastructure and improvements File No.: MJSP-01-001 Resolution 01-138 September 25, 2001 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 shown on the site plan, be greater than September 25, 2003, nless the petitioner, his sucessors or assigns, has obtained an extension to the develop nent approvals periods as provided for under Section 11.02.06(B) of the St. Lucie COL my Land Development Code. Upon the completion, certification, approval by St. Luci County and recording of the final plats for this subdivision, no further general site Dlan approval or other development extension shall be required for the Midway Indt fstrial Party Phase II/, site plan, except as may otherwise be restricted by the conditions described in part a above, and expect as may lawfully be restricted by applicable 3tate or local statute or regulations. D. The Major Site Plan approval granted under this Resolution is pecifically conditioned to the requirement that the petitioner, Midway Properties of St. Lucie County, LC, including any successors in interest, shall obtain all necessarl development permits and construction authorizations form the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any loca building permits of authorizations to commence development activities on the pro erty described in Part B. E. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on September 25, 2003 which certificate shall remain valid for the period of Site Plan approval. Should tie Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code', a new certificate of capacity shall be required. F. A copy of this resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Community Development Director. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson AYE Vice -Chairman Doug Coward AYE Commissioner John Bruhn AYE Commissioner Paula Lewis AYE Commissioner Cliff Barnes AYE PASSED AND DULY ADOPTED this 25'' day of September 2001. File No.: MJSP-01-001 Resolution 01-138 September 25, 2001 Page 6 0 0 0 w al m ra I,a 1 2 3 4 5 6 9 10 11 12 13 14 15 16 1.7 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 BOARD OF COUNTY CO MI I S ST. LUCIE COON ID BY APPROVED AS TC FORM. RRECT Oouty ESAND r Aft � GD UNTr •�LERI(� ne /► v � s � c'F coLI ,1 •E` Cs H:\projectsWidwy Industrial Park\Agenda\Resolution01138 File No.: MJSP-01-001 September 25, 2001 Resolution 01-138 Page 7 0 m 0 0 -v 3> in m IV A w 0 St Lucie County Certificate of Capacity Date 9/26/2001 This document certifies that concurrency will be met and that ad capacity exists to maintain the standards for levels of service as County Comprehensive Plan for: 1. Type of development MAJOR SITE PLAN/ PRELIMINARY PLAT Number of units 0 Number of square feet 0 2. Property legal description & Tax ID no. 3406-5 01-0034-000/0; 3406-501-0014-000/4;2431-411-0001-000/9 NE CORNER INTER S JENKINS RD & W MIDWY RD MIDWAY INDUSTRIAL PARK, PHASE III MIDWAY INDUSTRIAL P� 3. Approval: Building Resolution No. 01-138 4. Subject to the following conditions for concurrency: THE CREATION OF AN 18-LOT INDUSTRIAL SUBDIVISION Owner's name MIDWAY PROPERTIES OF ST LUCIE COUNTY L.C. Address 161 N CAUSEWAY, SUITE 8 NEW SMYRNA B FL 32169 6. Certificate Expiration Date 9/25/2003 This Certificate of Capacity is transferable only to subsequent ov parcel, and is subject to the same terms, conditions and expirath The expiration date can be extended only under the same terms underlying development orderissued with this certificate, or for s development or�)7 sy�ged fo the same property, use and size �Y t� Signed Date: 9/26/2001 Community Development Director St Lucie County, Florida No. 625 Iuate public facility dopted in the St Lucie Letter 09/26/01 ers of the same date listed herein. conditions as the described herein. Wednesday, September 26, 2001 Page 1 of 1 ITEM NO. VI-Cl AGENDA REQUEST DATE: 1/4/2011 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED nBY: ( SUBMITTED BY: Planning & Development Services Todd A. Coxf St. Lucie County International Airport Airport Manager SUBJECT: Budget Resolution No. 11-024; Terminal Construction & Customs Facility Renovations (Phase 1) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140372-4220-562000-094600 — Building (pending BOCC approval) 140372-4220-562000-114601 — Building (pending BOCC approval) 262-9910-599300-800 — Reserves (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Budget Resolution No. 11-024 establishing the fund for the FDOT grant for the Terminal Construction and Customs Facility Renovations (Phase 1), and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (�O APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Signatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator �s5��, County Attorney ( ) OMB Director dZ Budget Analyst t' (` Daniel S. Mclntyre!l�f�:N c Marie Gouin Heather Young .sy,l%p�: Patty Marston Purchasing ( ) ERD ( ) Desiree Cimino Melissa Simberlund Originating Dept. Mark Satterlee AIRPORT COUNT Y 7 F! O R[ D A MEMORANDUM TO: Board of County Commissioners f, THROUGH: Mark Satterlee, AICP, Planning & Development Services Directofl;L FROM: Todd A. Cox, CM, Airport Manager DATE: January 4, 2011 SUBJECT: Budget Resolution No. 11-024; Terminal Construction & Customs Facility Renovations (Phase 1) ITEM NO. VI-C1 Background: This agenda request is for Board acceptance of attached Budget Resolution No. 11-024 establishing the fund for the Florida Department Transportation (FDOT) grant in the amount of $1,974,000, with a local match of $493,500. The purpose is to fund modernizing the Airport terminal and the Customs and Border Protection (CBP) Facility. This project was approved under the FY 2011 Capital Improvement Program. The present Airport terminal was built in the 1960s and needs modernization to reduce utility and maintenance costs. Additionally, in March 2009, the Board directed staff to proceed with obtaining a grant for terminal design renovation in anticipation of possible commercial service to the Bahamas. In September 2009, The Tourist Development Council (TDC) unanimously supported using $100,000 in TDC funds towards the renovation of the terminal. The TDC stated that the proposed improvements to the terminal would help promote and advertise tourism activity in St. Lucie County. In October 2009, the Board approved the use of TDC capital funds as part of the match for the renovations of the Airport terminal. The existing Customs facility was built in the 1980s. This facility and its associated operations have grown over the last 30 years to include processing of all commercial and private vessels entering the Port of Fort Pierce, commercial truck processing, and overseas air passenger processing. The Customs facility was also an integral part of the processing of inbound passengers and vessels during the 2009 Haiti relief missions conducted at the Airport. Due to the continued growth of the Airport and CBP operations and responsibilities, the current Customs facility does not support existing operations. Expansion of the facility is needed to maintain compliance with existing Department of Homeland Security/CBP facility requirements. Though the facility is currently not compliant, the Airport is not at risk of facing regulatory action by CBP. With the Airport being responsible for the maintenance and upkeep of the Customs facility, the renovations will also assist in reducing utility and maintenance costs. The Terminal and Customs Facility renovation is a $5,377,500, multi -phase, multi -year project consisting of the following: Phase 1 - 2011-2012 Terminal Renovation and Customs Facility design - $2,467,500; Terminal and Customs Apron Rehabilitation - $1,010,000 Phase II - 2012-2013 Customs Facility Renovation - $1,900,000 FDOT will provide $4,302,000 in grant funding with a required local match of $1,075,500. The design of the terminal facility was completed under a separate FDOT grant and future discussions will be taking place with CBP and the Airport regarding design requirements for the Customs facility. Funds are available in the Airport local match reserve account. The $100,000 TDC capital grant funds will be used as part of the local match and applies to the terminal project only. Previous Actions: • April 14, 2009 — Board approved of Resolution No. 09-126 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement. • April 14, 2009 - Board approved use of TDC capital funds ($50,000) towards local match for terminal design costs. • July 14, 2009 - Board approved Budget Resolution No. 09-202 establishing the fund. • July 14, 2009 - Board approved LPA Work Authorization No. 22 for terminal renovation design. • October 20, 2009 - Board approved use of TDC capital funds ($100,000) towards local match for terminal construction costs. • November 9, 2010 - Board approved Resolution No. 10-280 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement. Recommendation: Board approval of Budget Resolution No. 11-024 establishing the fund for the MOT grant for the Terminal Construction and Customs Facility Renovations (Phase 1), and authorization for the Chairman to sign documents as approved by the County Attorney. RESOLUTION NO. 11-024 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 Florida Department of Transportation through a Joint Participation Agreement, in the amount of $1,974,000, as funding for the Construction of the Terminal and Design of the Customs Facility at the St. Lucie County International Airport. This resolution also includes the transfer of $100,000 in Tourist Development revenue as part of the Local Match. 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 4" day of January, 2011, 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 140372-4220-334411-094600 FDOT-Transportation $1,774,000 140372-4220-312100-094600 Tourist Development Tax $ 100;000 262-0000-312100-000 Tourist Development Tax $-100,000 140372-4220-334411-114601 FDOT-Transportation $ 200,000 $1,974,000 APPROPRIATIONS 140372-4220-562000-094600 Buildings $1,774,000 140372-4220-562000-094600 Buildings $ 100,000 262-9910-599300-800 Reserves $-100,000 140372-4220-562000-114601 Buildings $ 200,000 $1,974,000 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Frannie Hutchinson XXX Commissioner Paula Lewis XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED THIS 4TH DAY OF JANUARY 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY COC,t NTY F L 0 R I D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Planning & Development Services St. Lucie County International Airport VI-C2 1 /04/2011 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Todd A. Cox �/ Airport Manager Budget Resolution No. 11-023, Terminal and Customs Apron Rehabilitation See attached memorandum. 140373-4220-563000-114600 — Infrastructure (pending BOCC approval) November 9, 2010 - Board approved Resolution No. 10-281 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement. RECOMMENDATION: Board approval of Budget Resolution No. 11-023 establishing the fund for the FDOT grant for the Terminal and Customs Apron Rehabilitation project, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5.0 �x, County Attorney ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Daniel 5. mcintyre Heather Young Purchasing ( ) Desiree Cimino Meliss? Simberlund Originating Dept. Mark Satterlee ERD '' arie Gouin Patty Marston P, . AIRPORT MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Directo-1, FROM: Todd A. Cox, CM, Airport Manager,_ - DATE: January 4, 2011 SUBJECT: Budget Resolution No. 11-023, Terminal and Customs Apron Rehabilitation ITEM NO. VI-C2 Background: This agenda request is for Board acceptance of the attached Budget Resolution No. 11-023 establishing the fund for the Florida Department Transportation (FDOT) grant in the amount of $808,000, with a local match of $202,000. The $1,010,000 project will rehabilitate the Terminal and Customs Apron. Funds are available via the Airport Local Match reserve account. This project was approved under the FY 2011 Capital Improvement Program and is a companion project to the Terminal and Customs Renovation (Phase 1) project. It consists of milling and overlay of approximately 185,000 square feet of apron areas located next to the Terminal and Customs buildings. These aprons were last resurfaced in 1980 and the pavement has reached the end of its useful life. In October 2007, the Florida Department of Transportation (FDOT) conducted a pavement inspection whose results determined the apron to be in fair to poor condition. Additionally, drainage structures located within the apron areas are failing and portions of the aprons retain an inordinate amount of water during all weather -related events. Recommendation: Board approval of Budget Resolution No. 11-023 establishing the fund for the FDOT grant for the Terminal and Customs Apron Rehabilitation project, and authorization for the Chairman to sign documents as approved by the County Attorney. RESOLUTION NO. 11-023 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 Florida Department of Transportation through a Joint Participation Agreement, in the amount of $808,000, as funding for the Rehabilitation of the Terminal and Customs Facility's Apron at the St. Lucie County International Airport. 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 4'h day of January, 2011, 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 140373-4220-334411-114600 FDOT-Transportation $808,000 APPROPRIATIONS 140373-4220-562000-114600 Infrastructure $808,000 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Frannie Hutchinson XXX Commissioner Paula Lewis XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED THIS 4TH DAY OF JANUARY 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM. - COUNTY ATTORNEY VI-C3 i0 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Planning & Development Services St. Lucie County International Airport 1 /4/2011 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Todd A. Co y Airport Manager Budget Resolution No. 11-025 and Budget Amendment No. 11-004; Security Enhancements See attached memorandum. 140374-4220-563000-104603 Infrastructure (pending BOCC approval) 140351-4220-56300 3803 Info-563000 48010551-422G-563e 05-4803 Infrastructure — Consult Engineer-, 0 November 9, 2010 - Board approved Resolution No. 10-282 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement. Board approval of Budget Resolution No. 11-025 establishing efund Amendment forthe DNOT o. grant for the Security Enhancements project; approvaloBudget 11-004 transferring the remaining FDOT grant and unused local match funds as outlined in the memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5.0 County Administrator Coordination/Signatures OMB Director Sy County Attorney ( ) Budget Analyst I arie Gouin Daniel S. McIntyre Patty Marston Heather Young Purchasing ( ) Originating Dept. ( ) Desiree Cimino Melissa Simberlund Ma's < Satterlee ERD ( ) F� AIRPORT MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Directg~ FROM: Todd A. Cox, C.M.. Airport Manager✓ DATE: January 4, 2011 SUBJECT: Budget Resolution No. 11-025 and Budget Amendment No. 11-004; Security Enhancements ITEM NO. VI-C3 Background: This agenda request is for Board acceptance of the attached Budget Resolution No. 11-025 establishing the fund for the Florida Department Transportation (FDOT) grant in the amount of $139,405 and approval of the attached Budget Amendment No. 11-004. The Budget Amendment transfers remaining FDOT grant and unused local match funds into appropriate accounts for the ongoing security enhancements project. The funds associated with this request are the unused balance of funds tied to the recent completion of the Runway 10R/28L Rehabilitation and the Phase II Access Control System projects. The Phase II Access Control System project was initially approved by the Board in September 2007. The project was completed leaving an unused balance of $159,926. This balance consisted of $127,941 in FDOT grant funds and $31,985 in local match funds. The 10R/28L Runway Rehabilitation project was initially approved by the Board in September 2008. The project was completed in September 2010 A portion of the project was funded under a 50/50 grant with FDOT leaving an unused balance of $22,928. This balance consisted of $11,464 in FDOT grant funds and $11,464 in local match funds. In September 2010, the Airport advised FDOT that it would not be using the remaining balance of the two grants. FDOT advised that they would issue a new Joint Participation Agreement (JPA) combining the $127,941 and $11,464 in remaining FDOT funds. This allows the Airport to use a total of $139,405 to fund 100% of the security enhancements project. The Airport plans to use these funds for additional upgrades to its existing security system, fence installation, and the installation of facility and airfield monitoring equipment designed to provide increased safety and security for the Airport. The remaining unused local match funds ($43,449) will be moved to the Airport's local match reserve account (140-4220-563000-4804) for future projects. Recommendation Board approval of Budget Resolution No. 11-025 establishing the fund for the FDOT grant for the Security Enhancements project; approval of Budget Amendment No. 11-004 transferring the remaining FDOT grant and unused local match funds as outlined in the memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. RESOLUTION NO. 11-025 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 Florida Department of Transportation through a Joint Participation Agreement, in the amount of $139,405, as funding for the Security Enhancement Project at the St. Lucie County International Airport. 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 4"' day of January, 2011, 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 140374-4220-334411-104603 APPROPRIATIONS 140374-4220-562000-104603 FDOT-Transportation $139,405 Infrastructure $139,405 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX XXX X Commissioner Frannie Hutchinson XXX Commissioner Paula Lewis XXX Commissioner Tod Mowery PASSED AND DULY ADOPTED THIS 4TH DAY OF JANUARY 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Planning & Development Svcs - Airport PREPARED DATE: 12/9/2010 AGENDA DATE: 1/4/2011 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 140351-9910-389901-800 Funding Reserve $127,941 140351-9910-599305-800 Funding Reserve $127,941 140-4220-563000-4804 Infrastructure $31,985 140365-9910-389901-800 Funding Reserve $11,464 140365-9910-599305-800 Funding Reserve $11,464 140-4220-563000-4804 Infrastructure $11,464 FROM: 140351-4220-334411-4803 FDOT-Transportation $127,941 140351-4220-563000-4803 Infrastructure $7, 97 g 140351-4220-563005-4803 Infrastructure -Consulting Engineer $151,947 140365-4220-334411-48015 FDOT-Transportation $11,464 140365-4220-563000-48015 Infrastructure $22, 92g REASON FOR BUDGET AMENDMENT: To move the funds out of the closed grants and into Funding Reserves and Airport's Local Match account (program #4804). A new FDOT JPA for $139,405 (Budget Resolution No. 11-025) will combine the remain unused revenues from the closed grants #140351 ($127,941) and #140365 ($11.464). CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: n/a n/a BA11-004 COUNTY F L O R I D A AGENDA REQUEST ITEM NO. VI-C4 DATE 01 /04/2011 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( j CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart SUBMITTED BY: Planning and Development Services Business & Concurs ncy Department Manager! SUBJECT: Ordinance No. 11-003 - Proposed Changes to Chapters 2, 5 and 11 of the Land Development Code (LDC), Transportation. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Permission to advertise proposed Ordinance No. 11-003 for two public hearings before the Board of County Commissioners. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED - ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Sionatures A -As County Attorney ( ) County Surveyor Daniel S. McIntyre County Engineer ( ) t44P ERD Michael Powley Originating Dept. ( ) Mark Satterlee ( ) �117' Ron Harris Karen Smith Planning and Development Services Department COUNTYBusiness & Concurrency Management Division • MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Directo(--C' FROM: Michael Brillhart, Business & Concurrency Manager DATE: January 4, 2011 SUBJECT: Ordinance No. 11-003 - Proposed Changes to Chapters 2, 5 and 11 of the Land Development Code (LDC), Transportation. ITEM NO. VI-C4 BACKGROUND: County staff is proposing changes to Chapters 2, 5 and 11 of the Land Development Code (LDC) relating to the impacts of new development upon the County's roadway network and to the guidelines for preparing a Transportation Impact Report (TIR). These changes will implement an additional traffic impact threshold requirement based upon "peak hour trip generation" and increase the maximum study area boundary from 2 miles to 5 miles. The use of peak hour trip generation is a more accurate assessment of the impacts of new development traffic upon the roadway network. In addition, the current 2 mile maximum study area boundary does not provide adequate analysis for principal/minor arterials and major collectors that are located within 5 miles of a new site development and are impacted by medium and large scale development. This change to a 5 mile maximum study area will not affect small traffic generators. These modifications to the LDC are consistent with traffic impact methodologies established by the State and referenced within the Florida Department of Transportation's TRANSPORTATION IMPACT HANDBOOK. The addition of these revisions to the LDC and relocation of TIR requirements from Chapter 11: Administration to Chapter 5: Adequate Public Facilities are compatible with existing traffic impact and concurrency requirements currently found in Chapter 5. A summary of these proposed LDC changes as reflected within the attached Ordinance No. 11-003 (fka: Ordinance No. 10-014) include the following: Relocating the TIR criteria currently found within Chapter 11: Administration (Section 11.02.09) of the Land Development Code to Chapter 5: Adequate Public Facilities (Section 5.06.04 and Section 5.06.05). 2. Adding new definitions in Chapter 2: Definitions and Chapter 5: Adequate Public Facilities entitled "Radius of Development Influence" and "Area of Development Influence." Page 2 January 4, 2011 Chapter 5 LDC Changes 3. Including a Transportation Impact Report (TIR) new trip generation threshold requirement based upon a minimum 51 gross peak hour project trips and relocating these requirements to Chapter 5 (Section 5.06.04). This requirement is in addition to the existing land use based threshold requirement found on Table 5.06.04 (A) of the LDC. 4. Eliminating the adopted maximum 2 mile "Study Area" requirement currently located in Section 11.02.09 and replacing with a new "Radius of Development Influence" as shown on "Table 5.06.04(B)". County staff held public workshops on September 22, 2009 and January 14, 2010 with the purpose of providing developers, traffic engineers and members of the development community an opportunity to review and comment on the proposed changes as shown on Exhibit B. Additionally, these changes have been reviewed by County staff, TPO staff, Stanley Consulting Engineers in their role as a County Traffic Engineering Consultant and Susan O'Rourke, Inc. a regional Traffic Operations Engineering firm. On August 27, 2010, staff presented the proposed changes to members of the Treasure and Space Coast Chapter of the Institute of Transportation Engineers. Comments from external parties in attendance at this meeting are included under Exhibit D. All of the suggestions and recommendations from meeting attendees were reviewed for incorporation into the Ordinance with the majority of the recommendations being acceptable to staff. At its meeting on November 18, 2010, the Planning and Zoning Commission recommended approval of the Ordinance (fka Ordinance No. 10-014) by a vote of 9 to 0. RECOMMENDATION: Permission to advertise proposed Ordinance No. 11-003 for two public hearings before the Board of County Commissioners. ATTACHMENTS: • Exhibit A: Ordinance No. 11-003 (fka: Ordinance No. 10-014) • Exhibit B: Workshop Powerpoint Presentation • Exhibit C: 2009 and 2008 Projects Impact Analysis Criteria (impact of changes to the Radius of Development Influence) • Exhibit D: Comments from Interested External Parties • Exhibit E: Excerpt from FDOT TRANSPORTATION IMPACT HANDBOOK Wage 3 January 4, 2011 Chapter 5 LDC Changes Suggested motion to recommend approval/denial of this requested conditional use. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL ----------------------------------, BECAUSE... [LIST CONDITION(S)] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY BECAUSE... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] EXHIBIT "A" ORDINANCE NO. 11-003 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 2.00.00 AND SECTION 5.01.00 TO ADD A DEFINITION ENTITLED RADIUS OF DEVELOPMENT INFLUENCE; BY AMENDING SECTION 5.06.04(B) REQUIRED DETERMINATION FOR ROADS; BY AMENDING SECTION 5.06.04(B) TO ADD IMPACT ANALYSIS CRITERIA FOR PROJECTS; BY CREATING SECTION 5.06.05 TO BE ENTITLED REQUIRED TRANSPORTATION IMPACT REPORT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 - March 14, 1991 91-09 - May 14, 1991 91-21 - November 7, 1991 92-17 - June 2, 1992 93-01 - February 16, 1993 93-03 - February 16, 1993 93-05 - May 25, 1993 93-06 - May 25, 1993 93-07 - May 25, 1993 94-07 - June 22, 1994 94-18 - August 16, 1994 94-21 - August 16, 1994 95-01 - January 10, 1995 96-10 - August 6, 1996 97-01 - March 4, 1997 97-09 - October 7, 1997 97-23 - September 2, 1997 99-01 - February 2, 1999 99-02 - April 6, 1999 99-03 - August 17, 1999 99-04 - August 17, 1999 99-05 - July 20, 1999 99-15 - July 20, 1999 99-16 - July 20, 1999 99-17 - September 7, 1999 99-18 - November 2, 1999 00-10 - June 13, 2000 00-11 - June 13, 2000 00-12 - June 13, 2000 00-13 - June 13, 2000 01-03 - December 18, 2001 02-005 - June 24, 2002 02-009 - March 5, 2002 02-020 - October 15, 2002 02-029 - October 15, 2002 03-005 - October 7, 2003 04-002 - January 20, 2004 04-007- April 20, 2004 04-033 - December 7, 2004 05-001- March 15, 2005 05-004 - August 2, 2005 05-007- January 18, 2005 05-013 - November 8, 2005 05-023 - September 20, 2005 06-005 - April 18, 2006 06-013 - June 6, 2006 06-017 - May 30, 2006 06-018 - May 30, 2006 Page 1 of 12 s#puek tkeeu94% passages are deleted. Underlined passages are added. 06-022 - July 18, 2006 06-047 - December 5, 2006 07-015 - April 17, 2007 07-018 - December 18, 2007 07-041 - September 4, 2007 08-008 - June 17, 2008 08-025 - September 16, 2008 09-013 - May 19, 2009 06-030 - September 12, 2006 07-011 - February 6, 2007 07-017 - June 5, 2007 07-032 - November 6, 2007 08-004 - March 11, 2008 08-012 - September 9, 2008 09-003 - January 20, 2009 3. On , 2010, the Local Planning Agency/ Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. On , 2011, 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 , 2011. 5. On , 2011, this Board held its second public hearing on the proposed ordinance, after publishing a notice of the , 2011 hearing in the St. Lucie News Tribune on , 2011. 6. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and 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: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS: 34 CHAPTER II 35 DEFINITIONS ff. 37 2.00.00 DEFINITIONS 38 39 Radius of Development Influence: The area surrounding a proposed site development New 40 project with the radius distance measured in road miles beginning at the connection of the Language 41 project entrance point(s) with the first off -site regulated roadway owned and maintained by a 42 public entity for use by the general public.. 43 44 Area of Development Influence An area beyond the radius of development influence that is Lnngunge 45 influenced or otherwise impacted by a site development. 46 Page 2 of 12 ,S4Fwr,l(4kPea0 passages are deletions. Underlined passages are additions. 1 Level of Significance: A level when traffic impacts are greater than 1 % of the maximum 2 service volume of the adopted level of service standard for the facility during the peak hour 3 period within the radius of development influence. 4 5 6 CHAPTER V 7 ADEQUATE PUBLIC FACILITIES 8 9 5.01.00 DEFINITIONS 10 11 Radius of Development Influence The area surrounding a proposed site development 12 project with the radius distance measured in road miles beginning at the connection of the 13 project entrance point(s) with the first off -site regulated roadway owned and maintained by a Lnnguage 14 public entity for use by the general public. 15 16 Area of Development Influence An area beyond the radius of development influence that is New 17 influenced or otherwise impacted by a site development. Lnnguage 18 19 5.06.04 REQUIRED DETERMINATION FOR ROADS 20 21 B. The impact of proposed development on roads shall be determined as follows: 22 23 (4) The County shall determine the impact of development on Regulated Roads for all New 24 proposed development including site plan future land use amendment and rezoning Language 25 applications 26 27 Projects generating between 11 and 50 gross peak hour trips as determined by the New 28 latest generalized trip generation rates of the Institute of Transportation Engineers, or locally Language 29 determined trip generation rates for the specified development proposal shall be required to 30 provide a detailed trip generation distribution and assignment traffic summary within the 1 31 mile radius of development influence, as shown in Table 5.06.04(B). 32 33 Proposed development that meets the minimum thresholds found in Table 5.06.04(A) will 34 require a Transportation Impact Report as referenced in Section 5.06.05. Any project that Language 35 generates 51 or more gross peak hour trips as referenced in Table 5.06.04(B), shall be 36 required to prepare a Transportation Impact Report. 37 38 39 5.06.05 REQUIRED TRANSPORTATION IMPACT REPORT (TIR) 40 41 A. Projects generating 51 or more gross peak hour trips shall be required to submit a 42 Transportation Impact Report for all site development plan applications. As New 43 referenced in Table 5.06.04(B) projects generating 51 or more peak hour proiect 44 trips shall have a radius of development influence of 2 miles or more depending upon Language 45 the number of project trips Projects that generate between 11 and 50 peak hour trips Page 3 of 12 strw� passages are deletions. Underlined passages are additions. 1 have a 1 mile radius of development influence. 2 3 The peak hour trip generation rate shall be determined using the trip generation rates 4 from the latest Institute of Transportation Engineers Trip Generation Manual (latest 5 version is the 8'h Edition or as may be updated from time to time) or locally derived 6 trip generation rates for the specific development proposal as accepted by the 7 Planning and Development Services Director. 9 1. Transportation Impact Report 10 11 a. The applicant is encouraged to have a traffic methodology meeting 12 with county staff prior to preparing_a TIR. This meeting will provide a 13 basis for the applicant's traffic engineer to discuss and agree upon Moved 14 study area project trip generation distribution and assignment from 15 criteria including roadway links and intersections to be analyzed, with Chapter 16 the agreement of the County Engineer and applicable County staff A ii 17 written memorandum prepared by the applicant summarizing the 18 methodology agreed upon at the methodology meeting shall be 19 provided to the Development Review Committee (DRC) for approval. 20 The applicant must contact the Planning and Development Services 21 Department to schedule a traffic methodology meeting prior to the 22 submittal of a TIR. 23 24 25 1. The Board of County Commissioners shall authorize total or 26 partial relief from the requirement of a TIR if it finds, after 27 receiving the recommendation of the DRC and based on / Moved 28 conditions peculiar to the proposed development, that the from 29 information is not needed to determine the roadway, traffic Chapter 30 control and access improvements that should be undertaken 31 to accommodate the additional traffic generated by the 32 proposed development A request for relief shall require a 33 public hearing before the Board of County Commissioners. 34 35 b. Transportation Impact Report Study Area 36 37 The base transportation impact study area shall be defined by the 38 radius of development influence as approved by the DRC and include / Moved & 39 all major roadways (collectors minor arterials and major arterials) revised 40 within the radius of development influence as reflected in Table Chapter 41 5.06.04 (B) below. 42 43 If traffic generated by the proposed development combined with 44 background traffic will exceed 110% of the maximum volume at the New a, 45 adopted level of service of the affected transportation facility(ies), the revised 46 study area shall be expanded to an "Area of Development Influence". language 47 The Area of Development Influence shall include the first minor or from Chapter Page 4 of 12 stpuel( �kpeegk passages are deletions. Underlined passages are additions. I major arterial and/or intersection(s) beyond the radius of development 2 influence in each travel direction. The study area shall be approved 3 by the DRC before the preparation of the TIR. 4 5 On North and South Hutchinson Island, the study area shall be 6 expanded to include island to mainland bridges in each travel 7 direction from the development. No detailed traffic impact analysis is 8 required for the mainland bridges if the traffic impacts are "de minimis" 9 (less than 1 % of the maximum service volume of the adopted level of 10 service of the affected transportation facility). 11 12 1. Level of Significance 13 14 The State of Florida defines a "de minimis" impact as an impact that 15 would not affect more than 1 % of the maximum volume at the adopted 16 level of service of the affected transportation facility (Section 163.3180 17 (6), F.S.). A project will reach a "level of significance" when traffic 18 impacts are greater than 1 % of the maximum service volume of the 19 adopted level of service standard for the facility during the peak hour 20 period within the radius of development influence. All facilities within 21 the area of development influence must be analyzed when the 22 capacity exceeds 110% of the maximum service volume of the 23 adopted level of service. When a level of significance is reached, the 24 applicant is responsible for mitigating the traffic impacts on the 25 affected transportation facilityf ies). 26 TABLE 5.06.04 (A) THRESHOLD REQUIREMENTS FOR TRANSPORTATION IMPACT REPORT TYPE OF USE THRESHOLD INDUSTRIAL Manufacturing 87,000 s . ft. Warehousing 69,000 s . ft. Mini -Warehousing 119,000 s . ft. RESTURANTS All types 6,000 s . ft. HOTEL/MOTEL Hotel/Motel Resort w/ancillary facilities 33 rooms Page 5 of 12 Stpuek #hpeugk passages are deletions. Underlined passages are additions. Moved from Chapter 11 Moved from Chapter 11 4 7 9 10 11 12 Hotel/Motel Resort w/o ancillary facilities 59 rooms RETAIL 6,000 s . ft. SCHOOLS Elementary/Middle 328 students High School 241 students Community College 215 students University 139 students RECREATION FACILITIES Marina 100 slips Golf Course 49 acres Tennis/Racquet Sports 29,000 s . ft. PORT TERMINALS Waterport 28 acres Airport Commercial 28 flights/day Airport General Aviation 109 flights/day OFFICE & FINANCIAL General Office 19,000 s . ft. Financial Institutions 1,600 s . ft. MEDICAL Medical Office 6,000 s . ft. Hospital/Clinics 17,000 s . ft. Nursing Home 129 beds RESIDENTIAL 49 units TABLE 5.06.04(B) RADIUS OF DEVELOPMENT INFLUENCE New Peak Hour Trip 1 to 10 Generation Radius Of Influence road directly accessed by project 11 to 50 1 mile 51 t0 150 2 miles 151 to 500 3 miles 501 to 1000 4 miles 1001 and above 5 miles Page 6 of 12 A*purk 41-,edgk passages are deletions. Underlined passages are additions. New Language 1 2 c. Contents 3 4 The TIR shall contain the following for the area of development 5 influence: 6 � 1. A list of the collector and arterial road facilities depicted on the Moved 8 roadway network If concurrency mitigation is required, a from 9 detailed description of the followina must also be Included. chapter 10 existing and programmed roadway lanes, lane widths, 11 11 right-of-way widths existing and programmed traffic signal 12 locations and signal phasing; existing and planned ingress and 13 egress locations for development mutually served by major 14 roadway facilities with the proposed development (including 15 all access locations adjacent to and within six hundred (600) 16 feet of the proposed development property lines) and existing 17 and programmed public transportation services and facilities. 18 The applicant may discuss these requirements with the County 19 Engineer prior to submittal of the TIR. Moved /20 from 21 2. A description of development including phasing and chapter 22 anticipated completion dates. 11 23 24 3. A detailed description of the existing traffic conditions, 5 including the peak season peak hour traffic 2 2volume for all collector and arterial roads within the study area 27 upon which the proiect has a significant impact as defined in 28 Section 5 06 05(A)(1)(b) Staff recommends that counts be 29 undertaken over a 48 hour time period in order to reduce or Moved 30 eliminate count discrepancies based upon unique traffic / from 31 generation circumstances However the highest peak hour Chapter 32 traffic count period may be reduced from a 48 hour period to a 33 2 hour (AM and PM) period at the concurrence of the County 34 Engineer The peak season peak hour traffic counts 5 shall be conducted between Tuesday and Thursday, during duri 3 3January February, or March except on holidays. If data 37 collection cannot be accomplished during this period, the 38 counts will be adjusted based upon the most recent St. Lucie 39 Transportation Planning Organization count data for roadways 40 within or adiacent to the study area If St Lucie Transportation 41 PlanningOr anization traffic counts are not available to reflect 42 the seasonal variations, then the FDOT seasonal factors can 43 be used If no seasonal adiustment factors are available, the 44 applicant can propose a seasonal adiustment factor to be 5 approved by the DRC The methodology and assumptions for 4 4the seasonal adiustment must be clearly stated. The highest 47 volume hour or peak hour will be defined from the hourly traffic Page 7 of 12 stpuel� tkpeeo passages are deletions. Underlined passages are additions. I count(s) conducted over a two hour period to capture the 2 highest one hour period between the AM and PM peak periods 3 of 7:00 to 9:00 A.M. and 4:00 to 6:00 PM respectivey. Counts 4 should be taken within the peak season If a proiect's peak 5 hour does not fall within the AM or PM peak hour time period 6 as noted above then the applicant must provide a traffic 7 analysis based upon the highest peak hour of traffic use 8 relative to this project. 10 Site peak per+ed Intersection turning movement counts will be 11 provided seadested—for at least two (2) hours at all Revised 12 intersections of collector and arterial roadways within the study & moved 13 area where the proiect traffic has a significant impact Peak from 14 hour counts will be adiusted to reflect peak season conditions Chapter 15 if the counts are not obtained between January and March 11 16 Methodology for these adjustments will be approved by the 17 DRC. 18 19 4. Capacity analyses will be conducted at the intersections of all 20 maior roadways in the impact area that are signalized or that Revised 21 warrant signalization based upon peak hour warrant These & moved 22 analyses will be performed in accordance with the latest from 23 version of the Highway Capacity Manual as amended or Chapter 24 superseded. Acceptable tools for intersection impact analysis ' 1 25 include HCS, Syncro or other software applications acceptable 26 to the Planning and Development Services Director. 27 28 5. Based on the capacity analyses described in Revised 29 sub -subparagraph (4) above, a summary of existing levels of & moved 30 _service on the impact area network will be provided where the from 31 promect has a significant impact on a link or intersection as Chapter 11 32 described in Section 5.06.05(A)(1)(b).. 33 34 6. A detailed analysis of traffic impact of the proposed Moved / 35 development including the following components: from Chapter 36 37 a. Trip Generation - indicate daRy=q d peak hour trip 11 38 generation data. Peak hour (clarify either a.m. or p.m. 39 peak hour) trip generation data should reflect the Moved 40 impact anticipated due to the existing street during the / from 41 highest peak hour traffic period either A.M. or P.M. chapter 42 The analysis will show in tabular form the land use 11 43 components, the trip generation rates and the total 44 45 trips generated by land use type. Moved 46 b. Indicate the internal/external split and pass -by trips for from 47 daffy aR4--peak hour travel . The analysis should Chapter 11 Page 8 of 12 thpeugh passages are deletions. Underlined passages are additions. 1 indicate the basis for capturing internal and external 2 trips The internal/external split and pass -by trips will 3 require approval by the Planning & Development 4 Services Director or his designee. 9 10 it 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 C. Trip distribution indicate the basis for determining trip distribution for the proposed development and the resultant trip distribution by direction (north south, east and west) Moved from Chapter 11 Revised d. Identify the peak hour trip assignment (da4V-41R4 peak & moved o within the study area from noted Peak hour volumes should Chapter be graphically reflected in turning movement counts at 11 development entrances major roadway intersections and along roadway links. �^ Peak hour trip generation as well as inbound/outbound direction split shall be based on the Revised report entitled "Trip Generation (8th Edition)" by the & moved Institute of Transportation Engineers or its successors, from except when special trip generation research chapter 11 conducted by a registered engineer practicing in the area of transportation engineerinq demonstrates alternative data to be more appropriate. Trip generation assumptions will be approved by the DRC prior to conducting the traffic impact analysis. 7. A detailed cumulative transportation impact analysis of the links and intersections that are significantly impacted by the project within the area of development influence shall be analyzed Cumulative traffic volumes shall include existing / Moved from traffic traffic growth due to other approved development historical or ambient growth (whichever is higher), and the Chapter 11 impact of the proposed development This analysis must identify projected average peak season traffic and peak hour volumes for all collector and arterial roadways and intersections and must identify the development impact separately from the cumulative traffic volume. For the purposes of these analyses background traffic will be identified as existing plus other approved development traffic plus ambient growth to the year of proiect buildout. Ambient growth is that growth which may occur from protects not in the tracking system or from other jurisdictions. Traffic from other approved proiects will be that traffic as defined by an approved traffic study and tracked by the Planning & Development Services Director of St Lucie County or other impacting Page 9 of 12 64pyel� ! kK passages are deletions. Underlined passages are additions. jurisdictions with appropriate factors applied for double counting. It is the responsibility of the applicant to confer with the County and other jurisdictions within the area of development influence to ensure that to the extent possible all other approved proiects are accounted for 0#4---r development�raffin yiiill he 'rle +'f' d h sinry Gt � I +r fk- i a,ii�-rr�i oc accaaaai�ic analyses f r♦ r+r^ients Rd h'stnr'n I nre�� th treRdS OR ��,�,��� �f}r aet�revea-�., �T�� a„a � ���o.,�e, e the si bdent r^ ,a, as ^r,r^ + The methodology to be employed in assessing background traffic will be approved b the DRC prior to conducting the traffic analysis Capacity analyses will be conducted using the criteria as described in subparagraph (4) above for cumulative traffic to identify levels of service resulting from the cumulative traffic demands, 'RGludeRCI the oFelpiesed deyebpme44t. When the / Moved combination of background traffic and the impact from the from Chapter subject development will reduce the Level of Service ("LOS") below acceptable LOS standards as adopted by St Lucie County for the A.M. or P.M. peak hour, analyses will be conducted to clearly identify those improvements required to maintain acceptable Level of Service standards. Tiese he identified nlearly. d. Traffic Study and Traffic Data Inventory and File The Planning & Develo ment Services Director shall keep a file of all traffic studies, including the capacity allocated for each approved project. In determining the projected demand the impact analysis Moved shall include trips already allocated in previous development from approvals. Upon request, the Director shall provide information when Chapter appropriate data already exists and is available in order to prevent 11 duplication. It is the responsibility of the applicant to confer with the County and other jurisdictions within the area of development influence to ensure that to the extent possible all other approved proiects are accounted for. 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 Page 10 of 12 gt%ek Apew9k+ passages are deletions. Underlined passages are additions. this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect , 2011. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft XXX Vice Chair Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Frannie Hutchinson XXX Commissioner Tod Mowery XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be re -numbered or re -lettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this ATTEST: Deputy Clerk day of , 2011. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Page 11 of 12 zs4ridrzk#weugk passages are deletions. Underlined passages are additions. 1 2 3 4 5 6 7 8 9 SAATTY\0RDNANCE\2010-0_.wpd APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Page 12 of 12 64i-wck threu passages are deletions. Underlined passages are additions. 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What is meant by "regulated roadway"? - a regulated roadway is a public owned and maintained roadway facility with a purpose of vehicular traffic movement for the general public (see Ordinance page 2., lines 41 and 42). 2. Please use generalized trip generation rates from the Institute of Transportation Engineers in determining local trip generation. - staff concurs — appropriate changes made to page 3., lines 42-44. 3. Do you want to require a traffic methodology meeting? And what is the timeline for the traffic methodology meeting process? - staff encourages a traffic methodology meeting for each application that requires the submittal of a Traffic Impact Report (TIR). This meeting is for the benefit of the applicant to get an understanding of which roadway links and intersections will be required for analysis. If a meeting is not held, then the applicant may be required to provide additional analysis after the site development application is submitted thus delaying the review process (see page 4., lines 4 —15). 4. The expansion of the study are to include the intersection of the roadway link with the next minor arterial is vague and open for interpretation - this requirement has been adopted since 1991 and helps to protect those intersections just beyond the study area boundary that are deficient or would be deficient based upon the influence of vehicular trips generated by the project in question. As recommended by Ms. O'Rourke, PTOE, staff has included a "Level of Significance" section beginning on page 4., lines 37-44 that defines the area of development influence. 5. The radius of development influence should only be extended if the project's impact to a roadway is 110% or more of the maximum service volume of the adopted Level of Service (LOS) otherwise, this could allow projects to be treated differently. Staff has added language on page 5., lines 9-14 to include analysis once the impacts exceed 110% of the maximum service volume consistent with F.S. 163.3180(6). 6. Why should the study area for projects on the Island extend to mainland bridges in each travel direction instead of using the proposed radius of development influence? And why analyze if the project has a de-minimus impact? - There is only one major roadway (SR A-1-A) that serves as the major arterial for vehicular movement on North and South Hutchinson Islands. Mainland bridges will serve the vast majority of journey to work trips for this area and, as such, will be impacted by new development on the Islands. However, beginning on page 4., line 45, no additional analysis will be required relative to SR A-1-A and the mainland bridges if the traffic impact is "de-minimus". 7. Please add the recommended new language regarding "Level of Significance" as inserted on page 5., lines 6-14 of the proposed Ordinance. - staff concurs with this recommendation and has included this language within the Ordinance. 8. A detailed description of the collector and arterial roadway network including existing and proposed improvements and signal locations should not be necessary if improvements are not required. - staff concurs and has revised language on page 9., lines 19-32. 9. Recommend changing the highest peak hour traffic count period from a 48 hour volume count period to a 2 hour (AM and PM) period using the highest hour during that timeframe for traffic analysis. - staff recommends that traffic counts be taken on two separate days to eliminate possible unique circumstance or special event discrepancies. However, an adjusted 2 hour count (AM and PM) could be used if agreed to by the County Engineer as referenced on page 7., lines 21-24. 10. Include intersection counts only when project traffic will have significant impacts - staff concurs with this recommendation and has revised language on page 9., lines 19-22. 11. Traffic Impact Reports (TIRs) should only analyze existing traffic conditions where there is a significant impact on a link. - the County has adopted traffic concurrency guidelines that require trip generation, distribution and traffic assignment on all facilities within the study boundary. Traffic analysis is required when a project reaches a level of significance by impacting an existing deficient roadway link or intersection or causes a link or intersection to fall below the adopted level of service standard as depicted on page 9., lines 19 —227. 12. Clarify language pertaining to A.M. and P.M. peak hour - staff concurs. Clarification made on page 7., lines 39 - 40. 13. Recommend the removal of "daily" traffic assignment - staff concurs. Change made on page 9., lines 2-3. 14. Recommend the following language for Section 5.06.05 (c)(7) "A detailed cumulative transportation impact analysis of the links and intersections that are significantly impacted by the project within the area of development influence shall be analyzed. Cumulative traffic volumes shall include existing traffic...." (Page 9.) - staff concurs. New language added on page 9., lines 19 — 47. 15. Add language to include ambient growth factor to the year of project build out occurring from projects not on the traffic system. Traffic from projects within the tracking system will be included through build out year - staff concurs. New language added on page 9., lines 29 -34 . 16. Include adjustment factors for trip generation to avoid double counting - staff concurs that adjustment factors can be applied to eliminate double counting as part of project traffic analysis where applicable and warranted (see page 9., lines 38-39). 17. Applicant must confer with County and other jurisdictions within the radius of influence to determine which projects to include within the analysis - staff concurs with this language and has added to the proposed changes on page 10., lines 22-25. 18. For capacity analysis, the applicant must use the adopted LOS for either the AM or PM peak hour - staff agrees with this recommendation and has made the appropriate changes as shown on page 10., lines 8 -11. 19. Suggest using the "de-minimus" impact (1% maximum volume of the adopted LOS of the affected roadway facilities) for concurrency review purposes. Some jurisdictions use a 2% or higher criteria; 5% for DRI analysis - The County uses a de-minimus impact provision for concurrency reviews. In accordance with F.S. 163.3180(6) staff has also incorporated the provision that "no impact is de-minimus if the projected volumes would exceed 110% of the maximum volume of the adopted LOS' as referenced on page 5., lines 6 -14. B. - Comments from Natalia McGuckian McMahon Associates Inc. 1. It is recommended that Section 5.06.05 of the proposed LDC changes be revised from "gross peak hour trips" to "net peak hour trips" in consideration of internal trip capture associated with applicable retail and office use most prevalent in mixed -use developments. - staff has included language regarding internal trip capture as reflected within Section 5.06.05(c)(6), page 8.,lines 36 — 41. C. - Comments from Masoud Atefi Palm Beach County Traffic Engineering 1. Charter schools may have a different peak hour than the typical AM (7:00 -9:00) or PM (4:00 — 6:00) peak hours for traffic concurrency analysis. - Staff agrees that certain land use types may have different peak hour timefromes than those categorized under the AM or PM peak hour periods. Staff recommends language that addresses these differences as reflected in Section 5.06.05(c)(6), page 7., lines 41 —45. EXHIBIT "E" Standard Site Impact Process 12.2 Methodology Development the applicant's responsibility to ensure that the methods proposed follow the practices accepted by FDOT and other participating agencies. Local governments should be contacted to verify if they have adopted an official methodology for transportation impact assessments. FDOT should participate in methodology, development, as appropriate, for the development type and scope. During the methodology step, FDOT's representative should be prepared to address any transportation -related concerns or FDOT methodology requirements as part of the transportation impact analysis effort. 2.2.1 Study Area Requirements The applicant and FDOT's reviewer should consult with all appropriate agencies to identify applicable policies and criteria in defining the study area (see Exhibit 4). Adjustments to the The study area is sometimes referred to as the "traffic impact area" or simply the study area "impact area." Local criteria for defining the study area typically involve a boundaries may be comparison of project traffic to thresholds of the percentage of the maximum needed to accountfor service flow rate at an established LOS criterion. For example, typically in the case site specific circumstances of DRIB, the study area includes all roadways where traffic generated by the proposed development is equivalent to 5 percent of the maximum service volume at the LOS standard for the facility. Exhibit 4 Example Study Area Many local governments have adopted procedures that prescribe the methodology used in defining the study area for traffic studies used to support TRANSPORTATION IMPACT HANDBOOK 8/12/2010 1 20 Standard Site Impact Process 12.2 Methodology Development comprehensive plan amendments. The FDOT reviewer should be familiar with the local ordinances and how they apply to the review process. Another example is that study areas for concurrency assessments may be defined as a given distance based on the number of trips generated by a development. For example, the study area will encompass a radius of 0.5 miles for developments generating 50 peak hour external trips. Some local governments have adopted a tiered approach to determining a study area. For example, a small scale analysis might be required for developments generating between 50-100 trips with a study area radius of .5 miles, and a large scale study might be required for developments of greater than 100 trips with a 3 mile study radius. Due to the potential for varying methodologies among local governments, FDOT reviewers should pay particular attention to if and how development trips that cross jurisdictional boundaries are treated in the assessment. Adjustments to the study area boundaries may be needed to account for site specific circumstances. The Transportation Concurrency Best Practices Guidebook (DCA 2007) has detailed descriptions of these methods of determining impact areas. Exhibit 5 shows an example of the traffic impact area using a radius from the development based on trip generation Exhibit 5 Example of Traffic Impact Area or Study Area Source: Concurrency Best Practices Guide, DCA 2007 2.2.2 Time Horizons — Analysis Years in general, the analysis years should be related to: • The opening date of the proposed development • Completion of major phases in a multi -year development TRANSPORTATION IMPACT HANDBOOK 8/12/2010 1 21 Standard Site Impact Process 12.9 Future Conditions 2.9 Future Conditions Analysis/Mitigation/Determine Future Transportation Needs (Step 4) Determines what mitigation may be required The Future Conditions Analysis determines if the transportation system will operate acceptably with the additional site -generated trips. If not, one must determine what mitigation may be required. The reviewer should have a clear understanding of the evaluation method used. This section assumes that an evaluation methodology is based on Florida's Planning LOS Standards and methods. In some instances, local governments may use a different methodology or performance measures. The applicant should clearly document and justify the methodology used and should confirm all methodology assumptions and analysis requirements with FDOT. 2.9.1 Significance and Adversity Testing The significance of impacts is usually determined by considering the percentage of ooSignificant thtype of depends traffic on a roadway segment that is generated by the development during the n the type development and _ peak hour in relationship to the maximum service volume at the LOS standard for local government the tacility during the same period. The significance criterion may vary by the type o eve opment and local government jurisdiction. For example, the typical DRI level of significance is 5 percent of the maximum service volume at the LOS standard for the facility during the 100th-highest hour. However, local governments may establish more stringent levels of significance that will govern if the standard is adopted as part of the LGCP (Rule 9J-2.045(6), FAC). Therefore, FDOT should review the criteria established by the local government prior to performing a review. Developments are considered to adversely impact a roadway if: The roadway is significantly impacted, and the LOS on the roadway with the development trips is below the adopted LOS standard. When the roadway is _ When the roadway is significantly and adversely impacted, the developer is ifi signcantly and responsible . to_ _mitt ate . the -impacts acts of the adversely impacted, p g p project. Strategies that may be the developer is implemented to mitigate impacts are discussed in Chapter 5: Mitigation Analysis responsible to mitigate the impacts of the project TRANSPORTATION IMPACT HANDBOOK 8/12/2010 1 73 Standard Site Impact Process 12.9 Future Conditions Exhibit 21 Statewide Minimum LOS Standards Area Type SIS and FIHS facilities TRIP funded facilities and other State roads Limited Access Highway Controlled Access HighwayOther Multilane Two -Lane (freeway) B BI Rural Areas 1 B C p Transitioning Urbanized C Areas, Urban Areas, or C Communities Urbanized Areas under C(D) C D D 500,000 --- urbanized Areas over D(E) D D D 500,000 Roadways parallel to E E E E exclusive transit facilities 2 2 2 — insideTCMAs D(E)2 E 2 2 Inside TCEAs` and —2 —2 MMTDsz Level of service standards inside of parentheses apply to general use lanes only when exclusive thru lanes exist. 1. For rural two-lane facilities, the standard is C. 2. Means the Department must be consulted as provided by Section 163.3180(5), (7), or (15), Florida Statutes, regarding level of service standards set on SIS or TRIP facilities Impacted by TCMAs, MMTDs, or TCEAs respectively NOTE. Level of service letter designations are defined in the FDOT's latest Quality/Level of Service Hondbook. Area Type For development reviews, FDOT's LOS standards and area types remain effective throughout the project's planning horizon. For example, in FDOT's review of a proposed multi -phase development the same standards and area types would be used regardless of the amount of development anticipated over time. The only time the applicable standards may change is when the development order conditions provide for a reevaluation of transportation impacts for subsequent phases of development. The change in LOS standards may result from an official change in designation (e.g., Census update, rule change, variance) Intersections Although arterial facility LOS is stressed in highway level of service standards, detailed volume -to -capacity analyses at selected intersections may be necessary Both facility LOS and to evaluate specific projects. Both facility LOS and intersection volume -to -capacity intersection ujc are ratio criteria are appropriate to determine impacts from proposed developments appropriate to and required mitigation efforts. Additional information about intersection determine impacts assessments is provided in the FDOT Quality/LOS Handbook, TRANSPORTATION IMPACT HANDBOOK 8/12/2010 'i 75 1 St. Lucie County 2 Planning and Zoning Commission/ Local Planning Agency 3 Roger Poitras Annex, Commission Chambers, 3rd Floor 4 November 18, 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. 8 I. CALL TO ORDER g Chairman Mundt called the meeting to order at 6:02 p.m. 10 A. Pledge of Allegiance 11 B. Roll Call 12 Craig Mundt ..................................... Chairman 13 Britt Reynolds .................................. Vice -Chairman 14 Pamela Hammer .............................. Commission Member 15 Edward Lounds................................ Commission Member 16 Susan Caron .................................... Commission Member 17 Brad Culverhouse ............................ Commission Member 18 Charles Grande ............................... Commission Member 19 Stephanie Morgan ............................ Commission Member 20 Barry Schrader ................................. Commission Member 21 Kathryn Hensley .............................. Ex-Officio Member 22 23 Members Absent 24 None. 25 26 27 Staff Present Mark Satterlee.................................. Planning & Development Services Director 28 Heather Young ................................. Assistant County Attorney 29 Heather Lueke................................. Assistant County Attorney 30 Karen Smith ..................................... Environmental Resources Director 31 Michael Brillhart ............................... Business and Concurrency Manager 32 Britton DeWitt ................................... Senior Planner 33 Michelle Hylton ................................. Recording Secretary 34 35 C. Announcements 36 Mr. Satterlee welcomed Mr. Grande to the Planning Board and introduced Beverly Austin, 37 the new executive assistant to the Planning and Development Services department. She will 38 be taking over the recording duties at the next meeting. DRAFT Page 2 of 4 39 D. Disclosure 40 Chairman Mundt stated he met with staff earlier in the week about the agenda items. He 41 asked everyone to speak clearly into the microphones; tonight's meeting will be the 42 beginning for closed -caption. 43 II. MINUTES 44 Review the minutes from the October 21, 2010 meeting for approval. 45 Ms. Hammer stated she had a number of changes/corrections but nothing substantial and 46 they were given to the secretary. 47 Chairman Mundt stated he had also and the changes had been incorporated. 48 Mr. Culverhouse moved to approve the minutes as corrected and submitted. 49 Mr. Schrader seconded. The motion carried 9-0. 50 Chairman Mundt stated he would like to move agenda items 3-D and 3-E, Prime Realty to be 51 heard first. 52 III. PUBLIC HEARINGS 53 B. Chapter 5 LDC Revisions 54 Petition of St. Lucie County to amend Chapter 5 of the Land Development Code of St. 55 Lucie County. Staff comments and presentation by Michael Brillhart. 56 Mr. Brillhart stated this item is a continuation of proposed ordinance 10-014 pertaining 57 specifically to revisions to Chapter 5, adequate public facilities of the Land Development 58 Code (LDC). In 1991 the Land Development Code was adopted and within Chapter 11, 59 Administration of the LDC, there was a section called major and minor site plans. Within that 60 administration section is information regarding traffic impacts reports. Traffic impact reports 61 primarily deals with concurrency issues regarding the impacts of new development upon the 62 county's regional roadway system. Staff believes relocating that information out of Chapter 63 11 into Chapter 5 is more appropriate. A summary of these proposed LDC changes as 64 reflected within Ordinance 10-014 include relocating the Transportation Impact Report (TIR) 65 criteria currently found within Chapter 11; adding new definitions in Chapter 2; Revising the 66 TIR trip generation threshold requirement to a minimum 51 gross peak hour project trips and 67 eliminating the adopted maximum 2 mile "Study Area" requirement currently located in 68 Section 11.02.09 and replacing it with a new "Radius of Development Influence". As 69 proposed, these changes will have minimal impacts on development projects that generate 70 150 or less peak hour trips but will increase the radius of development influence to 3 miles 71 for projects generating more than 150 peak hour trips. Comparably, projects generating over 72 1,000 peak hour trips would be required to use a 5 mile radius of influence. Staff Planning and Zoning Commission November 18, 2010 Minutes DRAFT Page 3 of 4 73 recommends that the Planning and Zoning Commission forward Ordinance 10-014 to the 74 Board of County Commissioners with a recommendation of approval. 75 Ms. Caron asked if there was anything in the ordinance that addresses seasonal. 76 Mr. Brillhart stated yes, page 7 line 16, it is required that peak hour traffic to be seasonally 77 adjusted. 78 Mr. Lounds asked about the methodology on page 4; are those methods part of state 79 ordinance, state codes, state rules, and state statues at this time. 80 Mr. Brillhart stated no, those are not. The current LDC requires a methodology meeting on 81 every project but staff wanted to provide more guidance as to the reason and the rationale 82 for those meetings. 83 Mrs. Hammer asked about page 2 of 12 of the ordinance, the last two lines, there is a 84 definition of area of development influence. Then page 3, line 11-12 again it's area of 85 development influence but the definitions are not the same. Are they supposed to be? 86 Mr. Brillhart stated the definition on page 3, line 11 and 12 is the accurate definition. 87 Mrs. Hammer continued questions regarding page 3; paragraph B and under 5.06.05 to 88 break it into 2 separate paragraphs. On page 4, line 22 the word `foregone' is unclear. Line 89 37 through 44 is all one sentence and needs to be broken down and separated. It would be 90 easier to understand. Page 5, line 5 `Level of Significance', is it under paragraph B; it should 91 be made clearer. On page 8, line 16-17 it refers to Growth Management director, it should 92 match what is on line 41-42 which is Planning & Development Services director. Page 10 of 93 12, above part B, does there need to be a part A? 94 Ms. Young stated part A begins on page 2 line 31which is the text of the ordinance. 95 Chairman Mundt opened the public hearing. 96 No one spoke. 97 Chairman Mundt closed the public hearing. 98 Mr. Grande made the motion to approve as amended. 99 Mr. Schader seconded. The motion carried 9-0. 100 IV. OTHER BUSINESS 101 A. Planning and Development Services Director Comments. Planning and Zoning Commission November 18, 2010 Minutes DRAFT Page 4 of 4 102 Mr. Satterlee stated the Backbone team has been working very hard on the Research Park 103 PNRD Plan and hopes to bring the project before the board by January; no later than the 104 February meeting. 105 B. Other business at the discretion of the Planning and Zoning Board 106 members. 107 Chairman Mundt welcomed Mr. Grande back to the Planning and Zoning Commission. 108 There is no meeting in December. 10g Ms. Hammer asked staff when is Chapter 10, 11 and 12 coming back. 110 Mr. Satterlee stated there were some staff changes; and the comments from Planning and 111 Zoning are being incorporated and once staff makes sure it is right; it will be brought back to 112 the planning board for a workshop. 113 Mr. Lounds stated the turkey industry is in dire need of help. If you are not going to have 114 turkey for Thanksgiving, buy out and give it away. Due to the increase cost of grain, they 115 need all the help they can get. 116 V. ADJOURN 117 There being no further business, the meeting adjourned at 8:15. Planning and Zoning Commission November 18, 2010 Minutes AGENDA REQUEST ITEM NO. VI-17 DATE: 1/4/2011 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debra Brisson SUBMITTED BY: Parks, Recreation and Facilities Director SUBJECT: Resolution 11-028, Parks and Recreation Advisory Board BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 1, 1977 — Board approval of Resolution 77-107 July 11, 2006 — Board approval of Resolution 06-147 RECOMMENDATION: Board approval of Resolution 11-028 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED _ ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director County Attorney (X) f Budget Analyst Daniel McIntyre,.,, Originating Dept. (X) DebraBPurchasing risson (X) �p Ma 'e Gouin Robe O'Sullivan Parks, Recreation and Facilities MEMORANDUM TO: Board of County Commissioners FROM: Debra Brisson, Direct Ti DATE: January 4, 2011 SUBJECT: Resolution 11-028, Parks and/Recreation Advisory Board ITEM NO. VI-F Background: On October 1, 1977, the St. Lucie County Board of County Commissioners (BOCC) created the Recreation Advisory Board (RAB) via Resolution 77-107. The RAB was created as a standing committee to advise and make recommendations to the BOCC as to the recreation needs in St. Lucie County. On July 11, 2006, the BOCC approved Resolution 06-147 amending the membership term and the quorum of the RAB and added two at -large members. In December 2010, staff performed a review of the PRAB per the Advisory Board Committee Operation Procedures approved by BOCC Resolution 09-241 in September 2009. Based on this review, staff is recommending rescinding Resolution No. 77-107, as amended by Resolution 06-147 which created the RAB; creating a Parks and Recreation Advisory Board (PRAB) with expanded duties and functions to include input on County parks and facilities in addition to recreation programming. Per BOCC Resolution 09-241, the PRAB will be established as an ad hoc committee. Additional recommendations include: • Seven (7) member board with the two (2) at large appointees and five (5) District appointees • Staggered terms for initial board, four (4) year terms thereafter • Compliance with advisory procedures adopted by BOCC. Recommendation: Board approval of Resolution 11-028 and authorization for the Chairman to sign documents as approved by the County Attorney. M RESOLUTION NO. 11-028 A RESOLUTION RESCINDING RESOLUTION NO. 77-107 AND AUTHORIZING THE CREATION OF A NEW PARKS AND RECREATION ADVISORY BOARD AND PROVIDING FOR MEMBERSHIP, DUTIES AND FUNCTIONS OF THE BOARD WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (hereinafter referred to as the Board) recognizes the need and significance of providing park and recreational opportunities for the citizens of St. Lucie County; and WHEREAS, the Board deems it advisable to provide an ongoing process allowing public access to the planning, development, management and programming of the St. Lucie County Parks and Recreation system, and WHEREAS, the Board approved Resolution No. 77-107, which created the St. Lucie County Recreation Advisory Board (RAB) on October 1, 1977; and WHEREAS, it is the desire of the Board of County Commissioners of St. Lucie County, Florida to rescind Resolution No. 77-107 and create a new advisory board with expanded duties and functions to include input on County parks and facilities in addition to recreation programming: NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: The Recreation Advisory Board (RAB) created by Resolution No. 77-107 as amended by Resolution No. 06-147 is hereby rescinded in its entirety. 2. The St. Lucie County Parks and Recreation Advisory Board (hereinafter referred to as PRAB) is hereby created as an ad hoc committee in accordance with the following guidelines. a. The duties and functions of the PRAB shall be as follows: i. to provide public input on County parks, recreation programs and facilities; and ii. to address and provide recommendations to the Board of County Commissioners on all matters referred to PRAB by the Board of County Commissioners; and iii. to solicit input from the public that may assist with the matters assigned to the PRAB. b. The PRAB shall be comprised of seven (7) members. Two members shall be appointed by the Board of County Commissioners as at -large members and each Commissioner shall appoint one (1) of the other five (5) members. In order for the PRAB to represent the diversity of recreational opportunities and park facilities available in St. Lucie County, Commissioner shall endeavor to appoint a member from, but not limited to, one of the following categories: • A resident sixty-two (62) years or older with an interest in or who participates in parks and recreation programs and services; • An adult member of a St. Lucie County athletic, recreational or cultural club or organization. • St. Lucie County Public Schools educator, coach or district staff involved in sports, recreation and related programs; • A professional experienced in park or recreation facility planning or management, architecture, landscape architecture, or engineering; • A Board member of a St. Lucie County Recognized Youth Sports Provider; w • A representative from the Treasure Coast Sports Commission, Tourist Development Council, Economic Development Council, Chamber or Commerce or similar organization; • A representative of a nonprofit community organization with a mission related to programs and services for youth and/or seniors; 3. The term of office for each member shall be four (4) years; however initial members shall be appointed as follows: One (1) at -large member shall be appointed for one (1) year Districts one (1), three (3) and five (5) members shall be appointed for two (2) years One (1) at -large member shall be appointed for three (3) years Districts two (2) and four (4) members shall be appointed for four (4) years 4. The presence of four (4) or more members shall constitute a quorum for the transaction of official business. 5. The actions, decisions and recommendations of the PRAAB shall not be final or binding on the Board of County Commissioners, but shall be advisory only. 6. The PRAB shall comply with the advisory board procedures adopted by the Board of County Commissioners. 7. If any action, sentence, or clause of this resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this resolution. After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED this day of , 2011. ATTEST BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ITEM NO. VI-E 117 DATE: 01 /04/11 ,COUNTY IF LORI . -* AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Toby Long Z SUBMITTED BY: St. Lucie County Sheriff's Office Director of Finance SUBJECT: Draw Request — January 2011 BACKGROUND: The Sheriff is requesting funds for operations from the General Fund & Fine Forfeiture in the amount of $5,206,608. Double Draw: (Amount requested; 1st draw total = $5,206,608) (2"d draw total = $5,206,608) This is a total of $10,413,216 for the month of January. See attached memos. FUNDS AVAILABLE: General Fund & Fine Forfeiture. 001-8191-599043-800 107-8191-599042-800 107-711-599040-6000 107-8191-599043-800 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of the Sheriffs double draw request for January 2011 in the amount of $5,206,608. (Amount requested; 1st draw total = $5,206,608) (2"d draw total = $5,206,608) This is a total of $10,413,216 for the month of January. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst (N �) f 1 6 �� � Marie Gouin U J, `x Robert O'Sullivan Originating Dept. ( ) (Name) ERD ( ) (Name) 8�—Iijeriff KEN J. MASCARA 4700 West Midway Road, Fort Pierce, Florida 34981 e j M. Z <1� J C t E CO TO: Board of County Commissioners THROUGH: Sheriff Ken J. Mascar ; FROM: The St. Lucie County Sheriff's Office DATE: 01 /04/11 SUBJECT: Draw Request — January 2011 ITEM NO. VI-E Background: Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 • Fax: (772) 489-5851 The Sheriff is requesting funds for operations from the General Fund & Fine Forfeiture in the amount of $5,206,608. Double Draw: (Amount requested; 1st draw total = $5,206,608) (2"d draw total = $5,206,608) This is a total of $10,413,216 for the month of January. See attached memos. Previous Action None Recommendation Staff recommends approval of the Sheriff's double draw request for January 2011 in the amount of $5,206,608. (Amount requested; 1st draw total = $5,206,608) (2"d draw total = $5,206,608) This is a total of $10,413,216 for the month of January. Iirriff KEN J. MASCARA 4700 West Midway Road, Fort Pierce, Florida 34981 December 20, 2010 INER`F r y. � J Cf E CQ The Honorable Chris Craft, Chair St. Lucie Board of County Commissioners St. Lucie County Ft. Pierce, FL 34982 Dear Chairman Craft: Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 • Fax: (772) 489-5851 Attached is our double draw request per Florida Statute 30.50 (1) for the month of January 2011. Thank you in advance for your assistance. Please contact our Comptroller Lee Tinker at 462-3290 if you have any questions. Sincerely, "'�"Kenj,,,lascara Sheriff Attachment 4criff KEN J. MASCARA :r OA 4700 West Midway Road, Fort Pierce, Florida 34981 t 116. CI E C© DOUBLE DRAW REQUEST Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 • Fax: (772) 489-5851 MONTH OF January 2011 TO: BOARD OF COUNTY COMMISSIONERS DRAW REQUEST DATE: 12/20/10 Gentlemen/Ladies: In compliance with the provisions of Chapter 30.50, Florida Statutes I hereby request funds for operations as shown below. Sincerely, Ken J. Mascara By: ,�•(I W. L e Tin er, Comptro er TOTAL PREVIOUSLY THIS TOTAL CODE ITEM BUDGET RECEIVED REQUISITION REQUISITION 12THS 16 JUDICIAL TOTAL 3,408,170.00 1,136,056.68 284,014.17 1,420,070.85 5/12 21 LAW ENFORCEMENT TOTAL 33,096,486.00 11,032,162.00 2,758,040.50 13,790,202.50 5/12 23 CORRECTIONS TOTAL 25,974,645.00 8,658,215.00 2,164,553.75 10,822,768.75 5/12 TOT. BUDGET/REQUEST 62,479,301.00 20,826,433.68 5,206,608.42 26,033,042.10 5/12 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VII-A DATE: January 4, 2011 REGULAR[] PUBLIC HEARING [x] CONSENT[] PRESENTED BY: Katherine Barbieri Assistant County Attorney SUBJECT: Ordinance No.11-005 (fka 10-033) - Providing for Eminent Domain Waivers BACKGROUND: See CA No. 10-1630 PREVIOUS ACTION: On September 16, 2010 and November 18, 2010, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance. On November 18, 2010, the Local Planning Agency/Planning and Zoning Commission voted to recommend that the Board of County Commissioners approve the proposed ordinance. The first public hearing before the Board of County Commissioners was held on December 21, 2010. RECOMMENDATION CONCLUSION: Staff recommends that the Board adopt Ordinance No. 11-005 and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: CONCURRENCE: [)4 APPROVED [ ] DENIED Approved 5.0 [ ] OTHER: Motion to continue to 0210112011 at 6:00p.m. or as soon thereafter as possible. � v [X] County Attorney: Daniel S. McIntyre Faye W. Outlaw, MPA County Administrator Review and Approvals INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 10-1630 DATE: January 4, 2011 SUBJECT: Ordinance No. 11-005 (fka 10-033) - Providing for Eminent Domain Waivers BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 11-005 which would amend the Land Development Code to provide for eminent domain waivers by amending Section 2.00.00 "Definitions" to include definitions of acquiring authority and eminent domain waiver. It would further amend Chapter 10 to add Section 10.03 "Eminent Domain Waiver" to provide waiver where eminent domain action renders a site non -conforming. This Ordinance came before the Planning & Zoning Commission on September 16, 2010 and November 18, 2010. The Commission recommended that the ordinance be amended to require that the eminent domain waiver be completed before the damage phase of any court proceeding [see attached Commission minutes]. Staff agrees that in most situations this should transpire, but does not recommend modifying the ordinance to require. The proposed changes are intended to provide a process and more certainty about what is allowed on a site following an eminent domain acquisition. The proposed ordinance will accomplish the following: 1. It outlines three types of parcels in which a waiver would be acceptable. 2. Sets forth a procedure to apply for a waiver. 3. It allows both the property owner and the acquiring authority to apply for a waiver and requires the property owner to be notified if the acquiring authority applies for a waiver. Likewise, it requires notification of the acquiring authority if the property owner applies for a waiver. Both the property owner and the acquiring authority can apply for a waiver so that a third party, County staff, can review it for compliance with the requirements of Land Development Code. r 4. It gives the Board of County Commissioners the power to grant waivers. Nothing in the proposed changes require a property owner to accept or implement a waiver. In fact, a cure plan could be drawn and submitted with an application for a waiver. The waiver could be granted, but the property owner is under no obligation to accept the waiver and make the changes to the site approved with the waiver and shown in the cure plan. 5. Sets forth standards for the issuance of a waiver. The first public hearing beforethe Board of County Commissioners was held on December 21, 2010. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 11-005 and authorize the Chairman to sign the Ordinance. KB/cb Attachment H:\AgendaMemo-KMS-jj-005.wpd Respectfully submitted, Katherine Barbieri Assistant County Attorney ORDINANCE NO. 11-005 (fka 10-033) AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PROVIDE FOR EMINENT DOMAIN WAIVERS BY AMENDING SECTION 2.00.00 "DEFINITIONS" TO INCLUDE DEFINITIONS OF ACQUIRING AUTHORITY AND EMINENT DOMAIN WAIVER; FURTHER AMENDING CHAPTER 10 TO ADD SECTION 10.03 "EMINENT DOMAIN WAIVER" TO PROVIDE FOR A WAIVER WHERE EMINENT DOMAIN ACTION RENDERS A SITE NOW CONFORMING; AMENDING BOARD OF ADJUSTMENT POWER TO INCLUDE THESE WAIVERS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 1,1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 March 14, 1991 91-09 May 14, 1991 91-21 November 7, 1991 92-17 June 2, 1992 93-01 February 16, 1993 93-03 February 16,1993 93-05 May 25, 1993 93-06 May 25, 1993 93-07 May 25, 1993 94-07 June 22, 1994 94-18 August 16, 1994 94-21 August 16, 1994 95-01 January 10, 1995 96-10 August 6, 1996 97-01 March 4, 1997 97-09 October 7, 1997 97-03 September 2, 1997 99-01 February 2, 1999 99-02 April 6, 1999 99-03 August 17, 1999 99-04 August 17, 1999 99-05 July 20, 1999 99-05 July 20, 1999 99-015 July 02, 1999 99-16 September 7, 1999 99-018 November 2, 1999 00-10 June 13, 2000 00-011 June 13, 2000 00-12 June 13, 2000 00-013 June 13, 2000 01-03 December 18, 2001 02-05 June 24, 2002 Underlined passages are added. -Z- 5eradrthrong}rpassages are deleted. 02-09 March 5, 2002 02-20 October 15, 2002 02-29 October 15, 2002 03-05 October 7, 2003 04-02 January 20, 2004 04-07 April 20, 2004 05-07 January 18, 2005 05-013 November 8, 2005 05-16 August 16, 2006 05-023 September 20,2005 06-17 May 30, 2006 06-018 May 30, 2006 06-030 September 12, 2006 06-047 December 5, 2006 07-018 December 18, 2007 07-032 - November 6, 2007 07-041 September 4, 2007 08-004 - March 11, 2008 08-08 June 17, 2008 08-012 - September 12, 2008 08-025 September 14, 2008 09-003 - January 20, 2009 09-007 September 1, 2009 09-012 - May 19, 2009 09-013 May 19, 2009 09-025 - October 6, 2009 10-003 February 2, 2010 10-026 - September 6, 2010 10-034 November 9, 2010 3. On September 16, 2010 and November 18, 2010, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in St. Lucie News Tribune at least 10 days priorto the hearing and recommended that the proposed ordinance be approved. On November 18, 2010, the Local Planning Agency/Planning and Zoning Commission voted to recommend that the Board of County Commissioners approve the proposed ordinance. 4. On December 21, 2010, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on December 10, 2010. 5. On January 4, 2011, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on December 24, 2010. NOW, THEREFORE; BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Chapter II "Definitions", the Table of Contents is hereby amended to read as follows: 2.00.00 DEFINITIONS..................................................... 2-3 "ACCESSORY USE" through "ACCESSWAY" remain unchanged. The following is added: Underlined passages are added. -2- Strndrthrough passages are deleted. ACQUIRING AUTHORITY 2-12 ........................................... "ADDITION (TO AN EXISTING BUILDING)"through "COUNTY ROAD SYSTEM" remain unchanged. The following is added: CURE PLAN 2-10 ..................................................... "DEFICIENT ROAD SEGMENT" through "ELEVATED BUILDING" remain unchanged. The following is added: EMINENT DOMAIN ACTION 2-16 ........................................ EMINENT DOMAIN WAIVER 2-16 "ENVIRONMENTALLY SENSITIVE RESOURCES OR HABITATS" through "PARCEL OF LAND" remain unchanged. The following is added: added: PARENT TRACT 2-30 .................................................. "PARKING SPACE" through "RELIGIOUS FACILITY" remain unchanged. The following is REMAINDER PARCEL 2-34 .............................................. The remainder of Section 2.00.00 DEFINITIONS - Table of Contents remain unchanged. PART B. Chapter II "DEFINITIONS" is hereby amended to read as follows: The following definition will be added between the definitions of "ACCESSWAY" and "ADDITION (TO AN EXISTING BUILDING)": ACQUIRING AUTHORITY: The governmental entity proposing to acquire private property for public transportation or other purpose, pursuant to eminent domain action. Acquiring authorities include, but are not limited to, St. Lucie County ("County"), and the Florida Department of Transportation ("FDOT" ). The following definition will be added between the definitions of "ADDITION (TO AN EXISTING BUILDING)" and "COUNTY ROAD SYSTEM": Underlined passages are added. -3- — 11. through passages are deleted. CURE PLAN: A site plan submitted by an acquiring authority or property owner for a site subiect to an eminent domain action The plan shall show proposed changes to structures or other physical features of the remainder parcel necessary to make the remainder parcel as compliant with the applicable Land Development Code as feasible. The following definitions will be added between the definitions of'ELEVATED BUILDINGS" and "ENVIRONMENTALLY SENSITIVE RESOURCES OR HABITATS": EMINENT DOMAIN ACTION: A series of actions taken by an acquiring authority to obtain an interest in or title to all or some part of privately held real property for a public use This term shall include voluntary and involuntary convevance under the threat of condemnation taking or expropriation. EMINENT DOMAIN WAIVER: Authorization from St Lucie County for the continued use and eniovment of a remainder parcel subsequent to an eminent domain action. An eminent domain waiver shall not be issued where the remainder parcel and existing structures conform with the applicable zoning district. The following definitions will be added between the definitions of "PARCEL OF LAND" and "PARKING SPACE": PARENT TRACT: The parcel of land that existed prior to an acquiring authority obtaining an interest in or title to some portion of the parcel through eminent domain action. The following definition will be added between the definitions of "RELIGIOUS FACILITY" and "REMOVE OR REMOVAL OF VEGETATION": REMAINDER PARCEL: That portion ofthe parenttract remaining in private ownership following eminent domain action The remainder parcel may be vacant or improved lust as the parent tract may be vacant or improved. PART C. Chapter X "HARDSHIP RELIEF" is hereby amended to read as follows: 10.03.00 Eminent Domain Waiver Underlined passages are added. -4- 5traekt' atigh passages are deleted. An eminent domain waiver is intended to Provide Property owners a viable and fair alternative to the adverse impact on theirproperty as a result of an eminent domain action It allows the continued use of the remainder parcel in a manner similar to its pre -acquisition condition. Waivers provided herein can be obtained for nonconforming lots and structures Waivers cannot be granted for nonconforming uses Sections 10 03 00 and 10 03 01 shall be applicable only after the Board of County Commissioners adopts a resolution approving the use of eminent domain waiver for specific public projects A. Applicability 1. Vacant parcels, whether conforming or non -conforming lots shall be eligible for an eminent domain waiver from, including but not limited to minimum lot size requirements Pursuant to Section 10.03.00, Land Development Code 2. Developed parcels. Where an eminent domain action reduces the lot size and creates a nonconforming remainder parcel but does not require the relocation of site features said parcel shall be eligible for an eminent domain waiver from the Land Development Code such as but not limited to, minimum lot size, and building coverage requirements pursuant to Section 10.03.00, Land Development Code. 3. Developed parcels. Where an eminent domain action requires the relocation of site features such as but not limited to buildings parking spaces landscaping storm water facilities, dumpsters, light poles and signs such a parcel shall be eligible for an eminent domain waiver, pursuant to Section 10.03.00 St. Lucie County Land Development Code B. The acquiring authority and/or the property owner are each hereby granted the authority to apply for a waiver from the Land Development Code on a remainder parcel that has resulted or will result from an eminent domain action. The application may be made prior to or after the acquiring authority obtaining title to some part of the parent tract C. Procedure to apply for an eminent domain waiver. 1. Eitherthe acau iring authority or the PrOlDerty owner shall file foran eminent domain waiver application within six (6) months from the entry of an Order of Taking with the County Administrator or designee. The applicable fee established by resolution shall be submitted with the application in addition to the following documents: a. A boundary survey prepared according to the current standards of Chapter 5J-17, Florida Administrative Code, as may be amended of the parent tract and a legal description of the portion to be acquired and the remainder parcel shall be submitted for those circumstances described in Section 10.03.00A above. The boundary survey shall showthe parent tract and the remainder parcel including but not limited to buildings parking landscaping Underlined passages are added. -5- Streekthrenshpassages are deleted. sprinkler systems storm water facilities wells and septic systems, lighting features, fences, signage easements of record adiacent rights of ways and topographic data. b. A site plan (a cure plan as defined herein) showing the parent tract and the remainder parcel with the proposed changes to the site including. but not limited to, buildings parking landscaping storm water facilities topographic data and adiacent right -of -wadi. A cure plan shall be required only for those parcels described in Section 10.03.00A3 above. 2. If an application for a waiver is submitted by an acquiring authority, the ll b mailed notification via certified mail (return receipt requested) by the property owner �nau uc n�ancu �w�,�...u•..... .......,. _..._— ---_-- (return -- - CountyAdministratorordesigneewithin10daysoftheapplicationsubmittaldate. Likewise,ifthe property owner applies for a waiver the acquiring authority shall be mailed notification via certified mail (return receipt requested) by the County Administrator or designee within 10 days of the application submittal date. 3. Afterthe Board of County Commissioners adopts a resolution approving the use of eminent domain waiver for a specific project the Board of Adiustment (BOA) shall consider the request for an eminent domain- waiver at a public hearing The public hearing may be continued by the BOA to a fixed date time and place After the conclusion of the public hearing the BOA shall approve approve with modifications or deny the request for an eminent domain waiver by resolution which shall constitute the final action of the BOA. The property owner shall not be required to implement the waiver or cure plan approved by the BOA. D. Standards of issuance of eminent domain waivers. 1. If an existing lot parcel or structure becomes nonconforming (or an existing nonconformity becomes less conforming) as a result of a governmental acquisition, a waiver may be granted provided a determination is made that: A-. The requested waiver shall not adversely affect safety, aesthetic or environmental conditions of neighboring properties: and b. The requested waiver shall not adversely affect the safety of pedestrians or operations of motor vehicles; and c. The requested waiver will not encourage or promote the continuation of existing uses of the property which have been or will be rendered unfeasible or impractical due to the impacts of the taking and/or construction of the roadway or other facility including but not limited to aesthetic noise dust vibration safety, land use compatibility, environmental or other impacts. d. The remainder parcel shown on the As -built drawing and the cure Underlined passages are added. —6— k tl"Ot6k passages are deleted. plan shall be the site on which compliance with the Land Development Code must be shown All calculations shall be based upon the acreage of the remainder parcel 10.03.01 Status of parcels during or after acquisition by eminent domain action A. Where a waiver is issued pursuant to Section 10 03 00 Land Development Code the waiver shall become effective and the remainder parcel shall be considered compliant to the degree feasible after an acquiring authoritytakes interest in or title to real property subiect to an eminent domain action. B. Where a property owner accepts a waiver on a vacant parcel or where no cure plan was necessary, the waiver shall remain valid and applicable to the remainder parcel indefinitely. However, future site plan and building Permit approvals shall complywith all provisions in the Land Development Code except those listed in the waiver. For developed Darcels the extent to which a remainder parcel has received specific exceptions listed in a waiver, those exceptions may not be increased or expanded by future development plans site plans or building permits C. Where a Private property owner accepts a waiver based upon a cure plan the Physical changes to the remainder parcel specified in the cure Plan shall occur within 365 days from the date the acquiring authority takes an interest in or title to some part of the parent tract Future site Plan and building permit approvals shall comply with all provisions in the Land Development Code except those listed in the waiver. Within the 365 day time period described above, the property owner may aPDIV to the County Administrator for a one time extension of up to 365 additional days. Further extensions may be granted by the County Administrator only in the eventthat compensation from the condemning authority has not been resolved within the first two 365 day periods. D. The Provisions of Section 10.03.00 Land Development Code shall not be interpreted to allow for the continued existence of building or safety code violations that are determined to be a threat to the public health safety or welfare E. The County shall continue to enforce all applicable building and safety codes even through the subject property is part of a Pending governmental acquisition PART D. Section 12.04.00 Board of Adjustment is amended to read as follows: Section 12.04.01 Powers and Duties The Board of Adjustment shall have the following powers and duties under this Code: A. The power to authorize variances from the dimensional, floodplain, and airport height requirements of this Code, in accordance with the provisions in Section Underlined passages are added. -7- St tick N , ,ugh passages are deleted. 10.01.00. B. The power to authorize eminent domain waivers. 6-.C. The powers to hear and decide appeals initiated by any person, officer, board, or bureau of St. Lucie County aggrieved by any decision, order, determination, or interpretation of any administrative official of the County with respect to the provisions of this Code, except for appeals with respect to Wellfield Protection, Vegetation Protection and Preservation, Mangrove Alteration and Selective Trimming, Sea Turtle Protection, Coastal Area Protection, Wetland Protection, Native Upland Habitat Protection, Adequate Public Facilities, and Vested Rights, as provided in Section 11,11.00. E.D. The powers to make its special knowledge and expertise available upon reasonable written request and authorization by the Board of County Commissioners to any official, department, board, commission, or agency of a city, county, state, or federal government. �E. The powers to adopt rules of procedure that are not in conflict with the provisions of this Code. PART t}E. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART E-. F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART ". SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART 6.H. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida Underlined passages are added. -8- Strnek N onsh passages are deleted. 32304. PART CFI. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART tJ. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft XXX Vice Chairman Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Tod Mowery XXX Commissioner Frannie Hutchinson XXX PART J. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C through 1 shall not be codified. PASSED AND DULY ADOPTED this day of . 2011. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. -9- Strnekthrough passages are deleted.