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HomeMy WebLinkAboutJanuary 3, 2012 Agenda PacketAGENDA REQUEST TO :BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney ITEM NO. VI-B-1 DATE: January 3, 2012 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED By JoAnn Riley Property Acquisition Manager SUBJECT: Permanent Slope Easements for Juanita Avenue Improvements Tommy Lee Mitchell - I.D. 1433-420-0015-000/1- Resolution No. 12-005 Mr. & Mrs. Robert Lewis - I.D 1433-420-0008-000/9 - Resolution No. 12-006 Sandra L. Jenkins - I.D. 1433701-0515-000/8 - Resolution No. 12-007 Alma Anglin Coplin - I.D. 1433-701-0332-000/1- Resolution No.12-008 Robert Lewis - I.D. 1433-420-0011-010/6 - Resolution No. 12-009 Willy J. Williams, Sr. - I.D. 1433-420-0011-000/3 - Resolution No. 12-010 BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: 10/13/2009 - Board approved Resolution No. 09-302 accepting the Florida Department of Transportation Local Funding Agreement (FM No. 426209-1-52/62-01) for the construction of the Juanita Avenue Bridge Replacement over Taylor Creek. 10/13/2009 - Board approved Resolution No. 09-303 accepting the Florida Department of Transportation Maintenance Memorandum of Agreement (FM No. 426209-1-52-01) for the construction of the Juanita Avenue Bridge Replacement over Taylor Creek, RECOMMENDATION: Staff recommends that the Board accept Resolution No. 12-005, Resolution No. 12-006, Resolution No. 12-007, Resolution No. 12-008, Resolution No. 12-009 and Resolution No. 12-010, authorize the Chairman to sign the Resolutions accepting the Permanent Slope Easements and direct staff to record the Permanent Slope Easements in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: ["-,A APPROVED [ ] OTHER Approved 5.0 f 1 DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals , J [x] County Attorney: [x] Road and Bridge: ` �/ �� [x] Public Works: MvJ�1" Heather Young Don Pauli Don Ww4t' [x] Originating Dept.: JVAIL [x] Engineering: A10 [x] County Surveyor: /e �11 JoAnn Riley Mike l3owley Ron Harris TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney AGENDA REQUEST ITEM NO. VI-B-2 DATE: January 3, 2012 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager SUBJECT: Request Permission to Advertise Notice of Public Hearing Petition to abandon a 10-foot Drainage/Utility Easement along North side of Lots 35, 36, 37 and 38 and a 6-foot Drainage/Utility Easement along East side of Lot 35, all in Block 43 in River Park - Unit Five BACKGROUND: See an attached Memorandum --- FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION:. Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on February 7,. 2012 at 6:00 p.m. or as soon thereafter as possible. COMMISSION ACTION: CONCURRENCE: [APPROVED [ ] DENIED [ ] OTHER Approved 5.0 [x] County Attorney:��0--r Heather Young [x] Originating Dept: J ML 1oAnn Riley Review and Approvals [ J Road and Bridge: Don Pauley [ J Engineering: Mike Powley Faye W. Outlaw, MPA County Administrator [ ] Public Works: Don West [ ] County Surveyor: Ron Harris TO: SUBMITTED BY: SUBJECT: BACKGROUND: ITEM NO. VI-C DATE: 01/03/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Toby. Long St. Lucie County Sheriff's Office Director Finance & Technology Draw Request - January 2012. The Sheriff is requesting funds for operations from the General Fund & Fine Forfeiture in the amount of $4,980,941.75. Double Draw: (Amount requested; 1st draw total = $4,980,941.75) (2"d draw total = 4,980,941.75) This is a total of $9,961,883.50 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 Sheriff's double draw request for January 2012 in the amount of $4,980,941.75. (Amount requested; 1st draw total = $4,980,941.75) (2"d draw total=$4,980,941.75)- This is a total of $9,961,883.50 for the month of January. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ,,¢e Approved 5.0 Faye W. Outlaw, MP County Administrator Coordination/Signatures County Attorney ( ) OMB Director 4,,,, paws Budget Analyst r C (Name) 41 e. �., y Q. vys (Name) Originating Dept. ( ) ERD ( ) (Name) (Name) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division ITEM NO. VI-D DATE: 1 /3/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Michael Powley, P. County Engineer Wwj) Repairs of South 25th Street Bridge Over Ten -Mile Creek Southbound Lanes See attached memorandum. 101006-4116-563012-4108 Trans Trust/Impact Fees PREVIOUS ACTION: February 16, 2010 - Administrative approval of Work Authorization No. 1 with RS&H in the amount of $24,947.81 for design of the Repairs of South 25th Street Bridge Over Ten -Mile Creek Southbound Lanes. RECOMMENDATION: Board approval to reject all bids and to rebid the Repairs of South 25th Street Bridge Over Ten -Mile Creek Southbound Lanes. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: aye W. Outlaw, PA County Administrator Coordination/Signatures County Attorney ( x) OMB Director (x ) Daniel McIntyre Budget Analyst Marie Gouin Originating Dept. ( x) County Engineer ( x) �1'yt: l VDoldWest Michael Powley S. 25th Bridge Repairs reject bids and rebid.ag h a ITEM NO. VI -El DATE: 1/3/2012 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski oto SUBMITTED BY: Housing and Community Services/Housing Housing Manage SUBJECT: Construction Services for D-9 Canal Drainage Improvements BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001519-5420-583000-500 - Community Development Block Grant (CDBG Fay) PREVIOUS ACTION: December 22, 2009 — Board approved submission of grant application March 23, 2010 - Board approved the Interlocal Agreement with the City of Port St. Lucie. RECOMMENDATION: Board authorization to award bid #11-037 for construction services to Arbor Tree and Land, Inc. for the D-9 Canal Drainage Improvement project funded under the CDBG Tropical Storm Fay, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER 'rage Approved 5-0 W. Outlaw, PA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) 06 Budget Analyst Dan el S. McIntyre & Marie Gouin Sophia Holt Originating Dept. ( Beth Ryder ri ITEM NO. VI-E2 DATE: 1 /312012 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski SUBMITTED BY: Housing and Community Services/Housing Housing Manager SUBJECT: Construction Services for Hogpen Slough Drainage Improvements BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001519-5420-583000-500 - Community Development Block Grant (CDBG Fay) PREVIOUS ACTION: December 22, 2009 — Board approved submission of grant application March 23, 2010 - Board approved the Interlocal Agreement with the City of Port St. Lucie. RECOMMENDATION: Board authorization to award bid #11-040 for construction services to Melvin Bush Construction, Inc. for the Hogpen Slough Drainage Improvement project funded under the CDBG Tropical Storm Fay, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: 'Viale W. Outliw-,TAP A County Administrator Coordination/Signatures County Attorney ( ) OMB Director Budget Analyst Daniel S. McIntyre Originating Dept. ( ) Beth Ryder *ari Gouin a Holt AGENDA REQUEST ITEM NO. VI-F DATE: 01/06/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk & Benefits M ger SUBJECT: Corizon Inmate Health Care Invoice No. CZN000010270 for FY-2011 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval). PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval for payment of Corizon Health Services FY-2011 invoice number CZN000010270 for Inmate Utilization of Medical Service costs in the amount of $84,600.92. COMMISSION ACTION: ( APPROVED ( ) DENIED (') OTHER Approved 5.0 CONCURRENCE: F5i'y-4 W. Outlaw, MPA 67 County Administrator Coordination/Signatures County Attorney (X) OMB Director (X) Budget Analyst (Daniel S. McIntyre) (Marie Goui Originating Dept. (.X) ERD ( ) (W' iam Hoeffner) (Name) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS_ ACTION: AGENDA REQUEST ITEM NO. VII-A DATE: 01/03/12 REGULAR ( ) (PUBLIC HEARING (X) LEG. (X) QUASI -JD ( ) CONSENT ( ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jeffrey Johnson Planning and Development Services Senior Planner Ordinance No. 11-027 — Land Development Code Text Amendment to Class A Mobile Home Permits. See attached memorandum. N/A July 5, 2011 — Board of County Commissioners initiated Land Development Code Text Amendment. October 20, 2011 — Planning and Zoning Commission continued the item to the November 17,.2011 meeting. November 17, 2011 — Planning and Zoning Commission unanimously recommended denial. RECOMMENDATION: Board continuance of the first required public hearing to February 7, 2012 at 6:00 pm, or as soon thereafter as possible for Ordinance No. 11-027. Motion to continue to February 7, Approved 5.0 2012 at 6:00p.m. or as soon thereafter as possible. Coordination/Signatures County Attorney (X) 'K .'. nf" Daniel S. McIntyre County Engineer ( ) Michael Powley Originating Dept. (X) 6- Mark Satterlee County Surveyor ( ) Ron Harris A„ ERD (X) Q Karen Smith M AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning and Development Services Department —Planning Division ITEM NO. VII-B DATE: 01/03/12 REGULAR O PUBLIC HEARING W LEG. W QUASI -JD ( ) CONSENT ( ) PRESENTED BY: Kristin Tetswo Senior Planner SUBJECT: Land Development Code Text Amendment — Commercial, Neighborhood Zoning BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: November 17, 2011-Planning and Zoning Commission voted 6-0 to forward a recommendation of approval to the Board of County Commissioners RECOMMENDATION: Board approval offirst reading of Ordinance 12-004 (fka 11-035) granting a text amendment to the Land Development Code to add "Auto supplies (5531)" under "Retail trade" as a conditional use in the Commercial, Neighborhood (CN) Zoning District and scheduling of the second required public hearing on February 7, 2012 at 6:00 pm, or as soon thereafter as the item may be heard. COMMISSION ACTION: CONCURRENCE: (>q APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5.0 County Administrator COORDINATION/SIGNATURES County Attorney�✓� County Surveyor ( ) ( X ) Daniel S. McIntyre Ron Harris County Engineer ( ) ERD ( ) Michael Powley Karen Smith Originating Dept. ( X ) OMB ( ) Mark atterlee Marie Gouin Purchasing ( ) Melissa Simberlund ITEM NO. III-B 'I ciSi*E::.:d . ♦ ii.. ?3F0iC Ki: 9�j�'{4M ,?SIYOYM,blA PoYlI/d' klv@I'E "` DATE: 11/17/11 COUNTY AGENDA REQUEST REGULAR ( ) n PUBLIC HEARING (X) LEG. (X) QUASI -JD ( ) CONSENT ( ) TO: PLANNING AND ZONING COMMISSION PRESENTED BY: Kristin Tetswo SUBMITTED BY: Planning and Development Services Senior Planne Department —Planning Division SUBJECT: Land Development Code Text Amendment — Commercial, Neighborhood Zoning BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners to adopt Ordinance 11-035 granting a text amendment to the Land Development Code to add "Auto supplies (5531)" under "Retail trade" as a conditional use in the Commercial, Neighborhood (CN) Zoning District. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator COORDINATION/SIGNATURES County Attorney (X) County Surveyor ( ) Daniel S. McIntyre Ron Harris County Engineer ( ) Michael Powley Originating Dept. ( X) 40A Mark Satterlee Purchasing ( ) Melissa Simberlund ERD ( ) Karen Smith OMB ( ) Marie Gouin AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VII-C DATE: January 3, 2012 REGULAR[] PUBLIC HEARING [ x ] CONSENT[ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 12-001 - Amending Section 1-20-07 Parking restricted on certain streets of the Code of Ordinances of St. Lucie County to Further Restrict Parking on South 35th Street; Providing for Conflicting Provisions; Providing for Severability; Providing for Applicability; Providing for Filing with the Department of State; Providing Effective Date; Providing for Adoption; And Providing for Codification BACKGROUND: See CA No. 11-1677 PREVIOUS ACTION: Permission to advertise was granted by Board of County Commissioners on December 6, 2011. The Notice of Intent was published in the Tribune on December 24, 2011. RECOMMENDATION CONCLUSION: Staff recommends that the Board adopt the attached Ordinance No. 12-001 and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 Review and Approvals [X] County Attorney: [ ]Management 8 Budget: Daniel McIntyre [] Road 8 Bridge.: [) Parks 8 Recreation Director [ ]Finance:(check for copy only, if applicable) CONCURRENCE: Faye W. Outlaw, M A County Administrator [ ]Purchasing: [ ] Solid Waste Mgr Effective 5/96 0 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO.`� DATE: January 3, 2012 REGULAR[ x ] PUBLIC HEARING[ ] CONSENT[ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Request for Board of County Commissioners to declare unsafe the structure located at 101 Berger Road, Fort Pierce. BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 See attached memorandum CA 11-1656. Other Contractual Services, Acct. No. 102-2415-534000-200 After inspection, the Building Official declared the structure unsafe and a public nuisance on December 8, 2011. Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, staff recommends that the Board declare the structure located at 101 Berger Road, Fort Pierce, Florida to be unsa a and that the Board hold a public hearing on February 21, 2012 at�b0 pm or as soon thereafter as possible to take such further action as is appropriate under Article III of Chapter 2-5 of the Code. Review and Approvals [X] County Attorney: Daniel S. McIntyre CONCURRENCE: Fly W. Outlaw, MPA County Administrator [X] Code Compliance Manager jn� Robin Meyer January 3, 2012 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 Tuesday at 6:00 P.M. or as soon thereafter as possible and on the third Tuesday 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 [k 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; the first Tuesday at 6:00 P.M. and the third Tuesday 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 Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. January 3, 2012 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.ora Chris Dzadovsky, Chairman District No.1 Tod Mowery, Vice Chairman District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 Chris Craft District No. 5 INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the December 20, 2011 meeting. IV. PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentations scheduled for January 3, 2012. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No.12 and 13. B. COUNTY ATTORNEY Permanent Slope Easements for Juanita Ave Improvements Tommy Lee Mitchell - I.D. 1433-420-0015-000/1 - Resolution No.12-005 Mr. & Mrs. Robert Lewis - I.D 1433-420-0008-000/9 - Resolution No.12-006 Sandra L. Jenkins - I.D.1433701-0515-000/8 Resolution No.12-007 Alma Anglin Coplin - I.D.1433-701-0332-000/1 - Resolution No.12-008 Robert Lewis - I.D.1433-420-0011-010/6 - Resolution No.12-009 Willy J. Williams, Sr. - I.D.1433-420-0011-000/3 - Resolution No.12-010 Consider staff recommendation to accept Resolution No. 12-005, Resolution No. 12-006, Resolution No. 12-007, Resolution No. 12-008, Resolution No.12-009 and Resolution No. 12-010, authorize the Chairman to sign the Resolutions accepting the Permanent Slope Easements and direct staff to record the Permanent Slope Easements in the Public Records of St. Lucie County, Florida. 2. Request Permission to Advertise Notice of Public Hearing Petition to abandon a 10-foot Drainage/Utility Easement along North side of Lots 45, 36, 37 and 38 and a 6-foot Drainage/Utility Easement along East side of Lot 35, all in Block 43 in River Park — Unit Five Consider staff recommendation to authorize staff to advertise a Public Hearing to be held on February 7, 2012 at 6:00 p.m. or as soon thereafter as possible. VII. C. SHERIFF'S OFFICE Draw Request — January 2012. Consider staff recommendation to approve the Sheriffs double draw request for January 2012 in the amount of $4,980,941.75. (Amount requested; 1st draw total = $4,980,941.75) (2nd draw total = $4,980,941.75) This is a total of $9,961,883.50 for the month of January. D. PUBLIC WORKS Engineering Division: Repairs of South 25th Street Bridge Over Ten -Mile Creek Southbound Lanes Consider staff recommendation to approve to reject all bids and to rebid the Repairs of South 25t" Street Bridge over Ten -Mile Creek Southbound Lanes. E. HOUSING & COMMUNITY SERVICES Construction Services for D-9 Canal Drainage Improvements Consider staff recommendation to authorize award of bid #11-037 for construction services to Arbor Tree and Land, Inc. for the D-9 Canal Drainage Improvement project funded under the CDBG Tropical Storm Fay, and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Construction Services for Hogpen Slough Drainage Improvements Consider staff recommendation to authorize award of bid #11-040 for construction services to Melvin Bush Construction, Inc. for the Hogpen Slough Drainage Improvement project funded under the CDBG Tropical Storm Fay, and authorization for the Chairman to sign documents as approved by the County Attorney. F. HUMAN RESOURCES Corizon Inmate Health Care Invoice No. CZN000010270 for FY-2011 Consider staff recommendation to approve payment of Corizon Health Services FY-2011 invoice number CZN000010270 for Inmate Utilization of Medical Service costs in the amount of $84,600.92. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Planning Division: Ordinance No. 11-027 — Land Development Code Text Amendment to Class A Mobile Home Permits. Consider staff recommendation to approve to schedule the second required public hearing for February 7, 2012 at 6:00 p.m., or as soon thereafter as possible for Ordinance No.11-027. B. PLANNING & DEVELOPMENT SERVICES Planning Division: Land Development Code text Amendment — Commercial, Neighborhood Zoning Consider staff recommendation to approve the first reading of Ordinance 12-004 (fka 11-035) granting a text amendment to the Land Development Code to add "Auto supplies (5531)" under "Retail trade" as a conditional use in the Commercial, Neighborhood (CN) Zoning District and scheduling of the second required public hearing on February 7, 2012 at 6:00 p.m. or as soon thereafter as the item may be heard. C. COUNTY ATTORNEY Ordinance No. 12-001— Amending Section 1-20-07 Parking restricted on certain street of the Code of Ordinances of St. Lucie County to Further Restrict Parking on South 35th Street; Providing for Conflicting Provisions; Providing for Severability; Providing for Applicability; Providing for Filing with the Department of State; Providing Effective Date; Providing for Adoption; And Providing for Codification. Consider staff recommendation to adopt the attached Ordinance No. 12-001 and authorize the Chairman to sign the Ordinance. REGULAR AGENDA Vill. COUNTY ATTORNEY Request for Board of County Commissioners to declare unsafe the structure located at 101 Berger Road, Fort Pierce. Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Complied Laws, staff recommends that the Board declare the structure located at 101 Berger Road, Fort Pierce, Florida to be unsafe and that the Board hold a public hearing on February 21, 2012 at 7:00 p.m. or as soon thereafter as possible to take such further action as is appropriate under Article III of Chapter 2-5 of the Code. IX. ANNOUNCEMENTS The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, January 10, 2012 at 9:00 a.m. in Conference Room #3. 2. County offices will be closed on Monday, January 16, 2012 to observe Martin Luther King Jr. Day. 3. The Board of County Commissioners will hold a Budget Workshop on Tuesday, January 24, 2012 at 10:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. The 47th Annual St. Lucie County Fair will take place February 24, 2012 - March 4, 2012 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit: www.stluciecountyfai r.org. 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 Risk & Benefits Manager at (772) 462-1404 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 20, 2011 Convened: 9:00 a.m. Adjourned:11:20 a.m. Commissioners Present: Chairman Chris Dzadovsky, Tod Mowery, Paula A. Lewis, Frannie Hutchinson, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Lauri Waldie, Utilities Director, Marie Gouin, OMB Director, Beth Ryder, Community Services Director, Roger Shinn, Central Services Director, Mark Satterlee, Planning/Development Director, Millie Delgado -Feliciano, Deputy. Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the December 6, 2011 meeting. It was moved by Com. Craft, seconded by Com. Mowery, to approve the minutes of the meeting held December 6, 2011, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentations scheduled for December 20, 2011. V. GENERAL PUBLIC COMMENT Mr. Frank Andrews, Director of the Humane Society addressed the Board and advised them the procedures for euthanasia reported were incorrect. He stated this was only done when necessary and it does not require an animal to be tranquilized. They euthanize animals only as a last resort. VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Mowery, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No.10 and 11. The Board approved Warrant List Nos. 10 and 11. B. COUNTY ATTORNEY Hackberry Hammock Preserve - Reciprocal Easements for Shared Ingress and Egress The Board accepted the Reciprocal Easements for Shared Ingress and Egress, authorized the Chairman to sign Resolution No. 11-210 accepting the Reciprocal Easements for Shared Ingress and Egress and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 2. First Replat of a portion of Fort Pierce Business Park The Board authorized the County Surveyor and the Chairman to execute the First Replat of a portion of Fort Pierce Business Park and forward the Plat to the City of Fort Pierce for approval and recording in the Public Records of St. Lucie County, Florida. First Amendment to May 12, 2009 Agreement with Waste Pro. of Florida, Inc. The Board approved the First Amendment to the May 12, 2009 Agreement and authorized the Chairman to sign the First Amendment. B. COUNTY ATTORNEY CONTINUED 4. Contracts for Sale and Purchase — Midway Road Improvements — Four-Laning of Midway Road from Selvitz Road East to South 25th Street — Ada Johnson — Parcel 3406-501- 0027-000/8 (portion) — Keith Robinson and Jeannie O'Brion — Parcel 3406-501-0026- 000/1 (portion) — Mr. & Mrs. Johnson — Parcels 3406-501-0009-000/6 and 3406-501- 0010-000/6(portion) The Board approved the Contracts for Sale and Purchase from Ada Johnson and Keith Robinson and Jeannie O'Brion, Mr. And Mrs. Johnson authorized the Chairman to sign the Contracts, directed staff to proceed with the closings and record the Warranty Deeds in the Public Records of St. Lucie County. 5. Resolution No. 11-207 - Supporting current structure of Regional Water Management Districts The Board adopted Resolution No.11-207 as drafted. 6. Joint Use Library - First Amendment and Restated Interlocal with St. Lucie County School Board The Board approved the proposed First Amendment to the Amended and Restated Interlocal Agreement with the St. Lucie County School Board for the Joint Use Library, and authorized the Chairman to sign the First Amendment. 7. Resolution No. 11-208 requesting. to have the Board resolve and oppose HB 875 or any Bills designed to modify, alter or otherwise restrict the judges' ability to release defendants to the supervision of the County's pretrial release program. The Board approved the Resolution opposing HB 875 or any modification to release defendants to the supervision of the pretrial release program. C. HOUSING & COMMUNITY SERVICES Housing Division: 1. St. Lucie County Affordable Housing Advisory Committee 2011 Incentive and Recommendation Report The Board approved Resolution No. 11-190 accepting the St. Lucie County Affordable Housing Advisory Committee 2011 Incentive and Recommendation Report. 2. Neighborhood Stabilization Program 3 (NSP 3) Housing Assistance Plan (HAP) The Board approved Resolution No. 11-211, adopting the NSP 3 Housing Assistance Plan (HAP) and authorized the Chairman to sign documents as approved by the County Attorney. D. PUBLIC WORKS Road & Bridge Division: Amendment to the Contract for Concrete, Culvert and Asphalt Installation The Board approved the first amendment to Contract No. C11-08-259 with TSI Disaster Recovery, LLC. adding the installation of Type "C" and Type "E" Drainage Inlets and authorized the Chairman to sign documents as approved by the County Attorney. E. PLANNING & DEVELOPMENT SERVICES Planning Division: 1. Final Plat Approval — Persnickety Farms Subdivision 2 The Board approved the final plat for Persnickety Farms Subdivision and authorized the Chairman to sign documents as approved by the County Attorney. Airport Division: 2. LPA Work Authorization No. 40,150 Acre Wetland Mitigation Area Maintenance (Year 4) The Board approved the. LPA Group Work Authorization No. 40 to provide consultant services for the Runway 1 OU28R 150 Acre Wetland Mitigation Area Maintenance (Year 4), for a lump sum amount of $59,368, and authorized the Chairman to sign documents as approved by the County Attorney.' F. MANAGEMENT & BUDGET Grant Division: 1. FEMA Severe Repetitive Loss Program — Contract The Board accepted and executed the FEMA Severe, Repetitive Loss contract with the Florida Department of Emergency Management, as approved by the County Attorney, and approved Budget Resolution No.11-196 to set up project account. Budget Division: 2. Capital Improvement Refunding Note, Series 2011 The Board approved Budget Resolution No. 11-200 for FY 2011-2012 in order to adopt the budget and expand the funds as required by Section 129.06 (D), Florida Statutes. 3. Dori Slosberg Mini -Grant Awards The Board approved awarding the grant funds totaling $226,100 as indicated in the attached agenda memorandum, and authorized the County Administrator to sign documents as approved by the County Attorney. 4. State Criminal Alien Assistant Program (SCAAP) Grant The Board approved Budget Resolution No. 11-201 to increase the State Criminal Alien Assistant Program (SCAAP) Grant for FY2012 in the amount of $28,646. Purchasing Division: 5. Fixed Asset Inventory — Property Record Removal The Board authorized the removal of fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. F. MANAGEMENT & BUDGET CONTINUED 6. Fixed Asset Inventory — Property Record Removal The Board approved the removal fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the Clerk of Circuit Court. Bid No.11-033, Event Cleaning of Digital Domain Park The Board approved awarding Bid No.11-033, Event Cleaning of Digital Domain Park, to Jan -Pro Cleaning Systems of Palm Beach Gardens and authorized the Chairman to sign documents as approved by the County Attorney. 8. Request for Proposals (RFP) No. 11-043, Temporary Personnel Services — Clerical The Board approved awarding RFP No. 11-043, Temporary Personnel Services — Clerical, to Manpower of Palm Beach Gardens, Florida and authorized the Chairman to sign the documents as prepared by the County Attorney. 9. Request for Proposals (RFP) No. 11-049, Appraisal Services M The Board approved awarding RFP No. 11-049, Appraisal Services, to Fuller-Armfield- Wagner of Fort Pierce, Osteen Appraisal Services of Fort Pierce, Callaway & Price of Fort Pierce and Deighan Consultants of Stuart and authorized the Chairman to sign the documents as prepared by the County Attorney. G. MOSQUITO CONTROL & COASTAL MANAGEMENT SERVICES Acceptance of grant from FishAmerica Foundation The Board approved the acceptance of a FishAmerica Foundation grant in the amount of $50,000 and authorized the Chairman to sign the agreement, as approved by the County Attorney. H. PUBLIC SAFETY ACS Maintenance Contract —Amendment No. 7 The Board approved the ACS Maintenance Contract — Amendment No. 7 for three years in the amount of $105,024.97 annually and authorized the Chairman to sign documents as approved by the County Attorney. PARKS. RECREATION & FACILITIES Facilities Division: 1. Seventh Amendment to Work Authorization No.14, Edlund Dritenbas Binkley Architects The Board approved the Seventh Amendment to Work Authorization No. 14, Edlund Dritenbas Binkley Architects, continuing contract #C05-05-248, to provide construction administration services for the Courthouse Annex Renovation Phase I -A at a cost of $25,103.16 through February 2012, authorized the Chairman to sign the Amendment as prepared by the County Attorney. PARKS. RECREATION & FACILITIES CONTINUED Parks North Division: 2. Capital Improvement Projects — Digital Domain The Board approved the request from Sterling Facility Services, L.L.C. to complete the FY11/12 capital improvement projects in the amount of $78,511.00 as outlined in this agenda memorandum. HUMAN RESOURCES CORIZON Health, Inc. Inmate HIV Medications Invoice for October, 2011. The Board authorized the payment of CORIZON Health, Inc. invoice number CZN000010107 for HIV medications for the FY-2012 period of October 01, 2011 through October 31, 2011, in the amount of $50,926.65. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No.11-031 Flood Ordinance Consider staff recommendation to approve Ordinance No. 11-031. It was moved by Com. Mowery, seconded by Com. Hutchinson, to approve Ordinance No. 11-031, and; upon roll call, motion carried unanimously. B. PLANNING & DEVELOPMENT SERVICES Planning Division: Annual update to the Comprehensive Plan Capital. Improvements Element (CIE) for FY 2011/12 — FY2015/16 Consider staff recommendation to adopt Ordinance No.11-036 updating the Capital Improvements Element for FY 2011/12 - FY 2015/16. Staff addressed the Board on this item and provided the updates to the Capital Improvements Elements. The County Attorney advised the Board that they may need to insert notice of intent language due to the previous legislative action taken and requested the approval be subject to further review by the County Attorney. Com. Mowery stated he could support the resolution moving forward if the Board would agree to direct staff to re-examine the level of service standards. He would like to standards to reflect the population. It was moved by Com. Craft, seconded by Com. Lewis, to approve Ordinance 11-036 subject to further review by the County Attorney, and; upon roll call, motion carried unanimously. C. PLANNING & DEVELOPMENT SERVICES Planning Division: Harbour Ridge DRI-Major Adjustment to Final PUD Site Plan Consider staff recommendation to adopt Resolution No. 11-009 granting approval of a Major Adjustment to the Final PUD Site Plan for Harbour Ridge DRI. Quasi -Judicial No disclosures made by the Board members It was moved by Com. Hutchinson, seconded by Com. Mowe4ry, to adopt Resolution No. 11-009, and; upon roll call, motion carried unanimously. D. COUNTY ATTORNEY Ordinance No.11-030 — Solid Waste Exclusive Commercial Franchises Consider staff recommendation to adopt Ordinance No. 11-030 as revised and authorize the Chairman to sign the Ordinance. Mr. Dennis Quirk, attorney representing Waste Pro addressed the Board and stated they are not taking a position on this item however they feel the stakeholders should have the opportunity to provide input and should the county approve moving forward with an exclusive commercial franchise, he asked it be done in a transparent manner. Mr. Dave Onersoll, Republic Services addressed the Board and stated they have customers that are very happy with their service and may not want to go to another service provider. They would like to maintain that relationship. They will have to let go between 4-6 employees should they not be able to continue the service in the county. They are hoping the county maintains the status quo. Mr. Danny Kraiser, East Coast Recycling, stated he was opposed to this recommendation to draft an ordinance to have an exclusive franchise for this service. He believes exclusivity is more like a monopoly and government should not be stifling growth in the economy. He stated C and D materials are considered recyclable materials and you are stating they are excluded. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. REGULAR AGENDA Vill. COUNTY ATTORNEY Amended and Restated Interlocal Agreement for Coordination of Insurance Services Consider staff recommendation to approve the Amended and Restated Interlocal Agreement and authorize the Chairman to sign the Amended and Restated Interlocal Agreement. 5 The County Attorney addressed the Board on this item and addressed the amended interlocal agreement. Com. Hutchinson stated she would like to state in the agreement that they would be meeting at least once a year. It presently indicates as needed. Com. Dzadovsky stated he believed they may need to meet more than once a year since rates keep changing. Com. Craft stated they had discussed this issue and the committee did not have a problem with meeting more than one time a year. The County Attorney indicated the committee had stated they would like to meet no less than quarterly. It was moved by Com. Mowery, seconded by Com. Craft, to approve staff recommendation. Com. Lewis addressed the fact an alternate needed to be appointed. It was moved by Com. Craft, seconded by Com. Lewis, to appoint Com. Hutchinson as the alternate member of the Board to the insurance committee, and; upon roll call, motion carried unanimously. IX. COUNTY ATTORNEY Bid Waiver for Delivery of Fill Material Consider staff recommendation to waive the bid requirement pursuant to Section 8.1.a.8 of the Purchasing Policy Manual and determine that waiving the bid requirement is in the best interest of the County and award a contract to Underwater Engineering Services, Inc. based on a low quote of $1.00 per cubic yard. Staff further recommends that the Board authorize the Chairman to sign a contract with Underwater Engineering Services, Inc. as approved by the County Attorney. The County Attorney addressed the Board on this item. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve staff recommendation, and; upon roll call, motion carried unanimously. X. COUNTY ATTORNEY Humane Society of St. Lucie County, Inc. - Agreement for Animal Impoundment Services Consider staff recommendation to approve the proposed agreement with Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the agreement. Com. Dzadovsky advised the Board he received the revision this morning and was uncomfortable with moving forward with this item today. The Assistant County Attorney addressed the Board on this item. The Public Safety Director addressed the standards recognized nationwide. He stated he would be bringing an animal control ordinance for board approval in the next 6-8 weeks and will have a public hearing on the ordinance. He is looking to move forward with the standards today. He advised the Board the ordinance has not been drafted as yet. Com. Craft asked Mr. Andrews if he had a problem with the A & B standards other than the euthanasia. Mr. Andrews advised the Board he did not have a problem with the A & B standards because they are universal, and stated "C° the euthanasia standards are not applicable, this is not how it is done anymore. Com. Craft indicated he was comfortable with leaving the item on euthanasia and the animals being sedated he has asked to go to the facility and learn more about it and if it is an issue they can put it in the ordinance but he does not believe it is an issue at this point, they need to learn a little more. Com. Mowery indicated they have been talking a lot about it and he believes there is an opportunity to discuss that issue and believed it is something that should be. addressed. Com. Lewis stated she would like to have the opportunity to talk to her vet and others and would be comfortable leaving that provision out until she has met with them. 0 Com. Dzadovsky indicated he believed they should move forward with the invoices that have been presented and finalize this. Com. Craft stated he is comfortable moving forward with A & B minus the item on euthanasia. Com. Lewis stated her understanding is that this contract is on an interim stage and the Public Safety Director indicated they would be bringing an ordinance forward in the next few weeks so she would be happy to move forward with it today. Com. Hutchinson stated she believed they should move forward. with this today giving the Board the opportunity to meet with the veterinarians before the ordinance comes before the Board. Com. Dzadovsky stated his concern is that there is language in the document that leaves a wide area open for interpretation and he did not have the chance to review the new document presented today. His goal was to make sure the policy of sedation before euthanasia was carried out. It was moved by Com. Mowery, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows: Nay: Com. Dzadovsky, Aye's: Com. Mowery, Com. Craft, Com. Lewis, Com. Hutchinson, motion carried by a vote of 4 to 1. XI. ADMINISTRATION Reclassification -Reinstatement of Job Positions Consider staff recommendation to approve to grant authority to the County Administrator to reclassify temporary job positions to part-time positions to meet compliance with state labor regulations and to reinstate and reclassify certain positions to meet operational service demands. Board approval is also requested to make the back retirement payments and fines and to utilize funding for the positions as specified in the attached memorandum. In addition to also reclassify the 911 five month trainees as indicated if the state determines that those positions must be reclassified. The County Administrator addressed the Board on both the first and second part of this item. Com. Mowery expressed his concern with the state retirement system mandates the county to set aside money for retirement knowing those individuals may not collect these retirement funds. He believes the county is being held in a hostage situation. He believes the county should look into a self -retirement system. He has asked the County Administrator to check with other municipalities to see how they handle such issues and maybe raise the rate of pay to ensure those already hired want to come to do their job as opposed to hiring more and having hours reduced for each person. The County Administrator advised the Board that she had reviewed other counties and municipalities and have confirmed they are all paying retirement benefits for part-time employees. After continued discussion, it was moved by Com. Craft, seconded by Com. Lewis to approve staff recommendation, and also the addition to reclassify the 911 five month trainees should the stated determine that those positions must be reclassified; upon roll call, motion carried unanimously. XII. PLANNING & DEVELOPMENT SERVICES Planning Division: City of Fort Pierce South Beach Charrette Additional Funding Request Consider staff recommendation the Board discuss approving additional funding and at what amount. Staff advised the Board they are requesting $5,000.00 in additional funding. Com. Hutchinson indicated she would not be supporting the requested additional funding due to the fact the main landowner has indicated he will fund the Marina on his own. Additionally, they had requested the city come to the table to assist with funding for the other side of the river and they declined. She also believes FPUA should participate since they will be benefiting. Com. Lewis expressed her concern with proceeding with this request especially when the private partner has backed out. She believes regionalization has hit a snag and she does not see it moving forward in the future, also given the financial situation of the county, she does not agree with providing the additional funding. 7 Com. Craft stated he believes the economies are there but he felt they need to bring the citizens into it. Com. Mowery stated he does not care for the process of charrettes. He agrees with the idea that FPUA should participate and would like to see if they will since it may affect their operation. Com. Dzadovsky indicated he was not too happy with the fact the private property owner pulled out, however they did received assistance from the city for the Research Park and this may be the opportunity to receive additional comments and maybe cooperation for regionalization. He stated he will support the additional funding request. It was moved by Com. Craft, seconded by Com. Mowery, to approve the request for additional funding, and; upon roll call, the vote was as follows: Nay's: Com. Hutchinson and Com. Lewis; Aye's: Com. Mowery, Com. Craft, Com. Dzadovsky, motion carried by a vote of 3 to 2. XIII. PUBLIC WORKS Port Entrance — 2°d Street Consider staff recommendation to approve Supplemental No.1 to Joint Participation Agreement with Florida Department of Transportation (FDOT) in the amount of $1,200,000 for Improvements to Port Entrance, and Resolution No. 11-144 and authorization for the Chairman to sign documents as approved by the County Attorney. Staff addressed the Board and indicated they have $1.2 million in the port budget as matching funds. Com. Hutchinson stated she does not have a problem with accepting the grant and would like the Board to be kept abreast of any increases. She has some concern with trying to work with the city with regard to the design issues. Com. Mowery stated he had previously expressed his concern with the 2°d street roadway improvements. He believes it is not beneficial for development in the area and there would be an additional cost for re- design of the retention ponds. He is concerned with utilizing general fund money knowing we have nothing in mind. He believes the project is flawed and spending 1.2 million is a concern he has. Com. Lewis stated it would be to our benefit to improve the Port entrance and does support the 2nd street improvements. Com. Dzadovsky stated there will be land acquisitions necessary to be made by the county. The Department of Transportation continues to ask what the Port will become. He stated he sees a lot of movement in the area and will support it. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows; Nay's: Com. Mowery; Aye's: Com. Hutchinson, Com. Lewis, Com. Craft, Com. Dzadovsky, motion carried by a vote of 4 to 1. XIV. COUNTY ATTORNEY Surplus Property — Parcel I.D. 2410-603-0034-010-6 Consider staff recommendation to award the bid to Robert Savanello, authorize the Chairman to sign the County Deed and direct staff to record the County Deed in the Public Records of St. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve staff recommendation, and; upon roll call, motion carried unanimously. XV. COUNTY ATTORNEY Surplus Property - Parcel I.D. 2409-816-0002-000-0 Consider staff recommendation for the Board to convey Parcel I.D. 2409-816-0002-000-0 to Council on Aging of St. Lucie, Inc., authorize the Chairman to sign the County Deed and direct staff to record the County Deed in the Public Records of St. Lucie County, Florida. It was moved by Com. Mowery, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. XVI. COUNTY ATTORNEY Interlocal Agreement - Relocation of Utilities along Midway Road Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Interlocal Agreement. It was moved. by Com. Mowery, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. XVII. COUNTY ATTORNEY Resolution No. 11-197 — Expanding Eligibility for Chairman and Vice Chairman of Citizen Budget Development Committee Consider staff recommendation to adopt proposed Resolution No. 11-197, as drafted. It was moved by Com. Hutchinson, seconded by Com. Mowery, to approve staff recommendation, and; upon roll call, motion carried unanimously. Announcement: The County Administrator advised the Board that the old courthouse renovation project has received its final Certificate of Occupancy from the city and they have met all FEMA requirements on the project. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court �01 12/22/11 FZABWARR FUND TITLE 001 001194 001447 001448 001512 001518 001519 001522 001524 001525 001526 001527 001528 001529 001534 001537 001539 001541 101 101001 101002 101003 101004 102 102001 102812 107 107002 107003 107006 129 130102 130103 130109 130213 140 140001 150 160 162 183 183001 183004 183006 184212 184216 185012 189102 ST. LUCIE COUNTY - BOARD WARRANT LIST #12- 17-DEC-2011 TO 22-DEC-2011 FUND SUMMARY General Fund U.S. Dept of Housing & Community FTCD Planning Grant Agr FY11-12 Residential Construction Mitigation Neighborhood Stabilization Program Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery SRL - 2502 Isso Bella Dr. SRL - 3768 Wild Orchid Lane SRL - 3731 Wild Orchid Lane SRL - 3739 S. 25th St. SRL - 10701 S. Ocean Dr. SRL - 614 Faber Ave. CSBG FY 2011 Metropolitan Planning/Section 5303 HUD Shelter Plus Care 2010 Safe Routes to School Program CSBG FY12 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80a Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Stormwater Ph 3 Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund - FTA 5307-ARRA 2009 Capital Projects FTA 5316 Job Access And Rev Commute FTA 5307 Capital and Operating FCTD Trip and Equipment Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Tourism Dev-5th Cent Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund Fort Pierce IMP Implementation FDEP S SLC Beach Restoration FHFA SHIP 2010-2011 Home Consortium 2009 EXPENSES 1, 391, 620.06 52.46 81.77 8.33 91,030.03 16,299.38 17,670.99 184.47 184.47 184.47 45,669.45 113.52 236.52 1.34- 190.64 10.93 132.42 428.23 2,439.93 84.63 25,855.75 36,002.62 14,979.83 241,632.39 803.27 407.74 1, 766, 109.29 3,986.22 4,312.26 984.35 1,200.00 1,854.68 514.71 150.36 28,711.00 5,848.59 148.80 110.48 616.62 7,632.08 1,217.94 300.00 2,103.95 1,094.70 5,137.56 15,232.00 12.14 35,001.91 PAGE PAYROLL 434,478.27 709.92 1,144.66 51.43 2,647.50 8,401.95 1,527.63 0.00 0.00 0.00 274.07 0.00 409.90 0.00 1,281.61 147.90 758.94 2,119.00 33,660.59 1,237.60 43,721.44 13,869.47 16,297.34 65,139.18 11,105.02 5,712.37 97,418.65 49,331.02 0.00 8,736.95 0.00 0.00 0.00 2,085.83 0.00 11,998.48 0.00 1,523.20 3,196.50 0.00 3,105.65 0.00 3,183.42 0.00 0.00 0.00 165.92 26.46 12/22/11 FZABWARR FUND TITLE 189103 189104 189105 189203 190 216 310001 316 316001 401 41B 451 458 471 478 479 491 505 505001 611 625 B01 ST. LUCIE COUNTY - BOARD WARRANT LIST #12- 17-DEC-2011 TO 22-DEC-2011 FUND SUMMARY Home Consortium FY 2010 HUD Housing Counseling Grant HUD Housing Counseling Grant Hardest Hit fund Advisor Services Sports Complex Fund County Capital I&S Impact Fees -Library County Capital 5th Cent Fuel -Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SR Util-Renewal & Replacement Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 127.00 34.39 5.11 17.74 7,519.97 1,202.00 174,735.51. 5,450.00 156,067.61 175,220.33 15,013.74 52,550.54 48.56 96,936.26 88.51 77.29 1,369.81 48,760.57 16,954.20 338.20 7,441.50 179,985.19 4,708,546.63 PAGE 2 PAYROLL 1,691.39 477.66 69.74 244.88 15,596.B6 0.00 0.00 0.00 0.00 50,180.75 15, 486.41. 4,523.91 665.15 7,131.97 1,213.07 1,045.90 18,333.06 1, 186. 40 4,929.37 2,450.61 0.00 0.00 950,695.00 AGENDA REQUEST TOWARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-1 DATE: January 3, 2012 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED By JoAnn Riley SUBMITTED BY (DEPT.): County Attorney Property Acquisition Manager SUBJECT: Permanent Slope Easements for Juanita Avenue Improvements Tommy Lee Mitchell - I.D. 1433-420-0015-000/1- Resolution No. 12-005 Mr. & Mrs. Robert Lewis - I.D 1433-420-0008-000/9 - Resolution No. 12-006 Sandra L. Jenkins - I.D. 1433701-0515-000/8 - Resolution No. 12-007 Alma Anglin Coplin - I.D. 1433-701-0332-000/1 - Resolution No. 12-008 Robert Lewis - I.D. 1433-420-0011-010/6 - Resolution No. 12-009 Willy J. Williams, Sr. - I.D. 1433-420-0011-000/3 - Resolution No. 12-010 BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: 10/13/2009 - Board approved Resolution No. 09-302 accepting the Florida Department of Transportation Local Funding Agreement (FM No. 426209-1-52/62-01) for the construction of the Juanita Avenue Bridge Replacement over Taylor Creek. 10/13/2009 - Board approved Resolution No. 09-303 accepting the Florida Department of Transportation Maintenance Memorandum of Agreement (FM No. 426209-1-52-01) for the construction of the Juanita Avenue Bridge Replacement over Taylor Creek. RECOMMENDATION: Staff recommends that the Board accept Resolution No, 12-005, Resolution No. 12-006, Resolution No. 12-007, Resolution No. 12-008, Resolution No. 12-009 and Resolution No. 12-010, authorize the Chairman to sign the Resolutions accepting the Permanent Slope Easements and direct staff to record the Permanent Slope Easements in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ J OTHER Faye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney: [x] Road and Brid e: ` b�, g [x] Public Works: Heather Young Don Pauli Don NeA, �, r� , [x] Originating Dept.: -JMIZ' [xJ Engineering: jV� [x] County Surveyor: x1W11 JoAnn Riley Mike owlet' Ron Harris PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: January 3, 2012 SUBJECT: Permanent Slope Easements for Juanita Avenue Improvements Tommy Lee Mitchell - I.D. 1433-420-0015-000/1 - Resolution No. 12-005 Mr. & Mrs. Robert Lewis - I.D 1433-420-0008-000/9 - Resolution No. 12-006 Sandra L. Jenkins - I.D. 1433701-0515-000/8 - Resolution No. 12-007 Alma Anglin Coplin - I.D. 1433-701-0332-000/1 - Resolution No. 12-008 Robert Lewis - I.D. 1433-420-0011-010/6 - Resolution No. 12-009 Willy J. Williams, Sr. - I.D. 1433-420-0011-000/3 - Resolution No. 12-010 BACKGROUND: On October 13, 2009, the Board of County Commissioners accepted Resolution No. 09-302 and Resolution No. 09-303 for the construction and County maintenance of the project known as Juanita Avenue Bridge Replacement. The attached Permanent Slope Easements are some of the Permanent Slope Easements needed from the property owners adjacent to the proposed sidewalk to be constructed within the northern limits of the Juanita Avenue rights -of -way. These Easements will allow the County to construct a sidewalk and harmonize the ground surface area within the Easement by placing fill material and for maintenance within the Easement. RECOMMENDATION: Staff recommends that the Board accept Resolution No. 12-005, Resolution No. 12-006, Resolution No. 12-007, Resolution No. 12-008, Resolution No. 12-009 and Resolution No. 12-010, authorize the Chairman to sign the Resolutions accepting the Permanent Slope Easements and direct staff to record the Permanent Slope Easements in the Public Records of St. Lucie County, Florida. Respectfully submitted, V� Ann Riley roperty Acquisition Manager Juanita Avenue Improvements 0 110 Permanent Slope Easements = subject parcels - 10 ft. easement --------------------- SAN MARCOS AVE ------------------- ---- N 220 330 440 "M-Ma �eet �-f- T k - ---------------- ----------------- AVIENDAAVE --------------------- JUANITAAVE ------- Map prepared December 19, 2011 -------- SILVERSTREAM CIR I -----------VALE NCIA AV E----------- ----------------------------------------------------- - ----------------------------------------------- rn ti -------------------------------------- SAN DIEGOAVE -------------------------------------- -------------------------------------------- This instrument prepared by Janet LiCausi under the direction of: Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Ave. Fort Pierce, Florida 34982 PROJECT: Juanita Avenue Improvements PARCEL I.D.: 1433-420-0015-000/1 PERMANENT SLOPE EASEMENT THIS EASEMENT, made this day of , 2011, by TOMMY LEE MITCHELL. whose address is 1506 Juanita Ave. Fort Pierce, FL 34946-1340 hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida 2300 Virginia Avenue, Fort Pierce Florida, hereinafter referred to as GRANTEE. WITNESSETH That the grantor, for and in consideration of the sum of One ($1.00) Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns a Permanent Slope Easement for the purpose of constructing a sidewalk on Juanita Avenue and harmonizing the ground surface area within this Easement. Such harmonizing shall consist of excavation or placement of fill material, and the maintenance thereof in, ,over, under, upon and through the following described land in St. Lucie County, Florida: An Easement for slope construction purpose over, and across a parcel of land lying in Section 33, Township 34 South, Range 40 East, St. Lucie County, Florida; said easement being more particularly described as follows: The South 10.00' of the following described parcel of land as Recorded in ORB 794, Page 337 of the Public Records of St. Lucie County, Florida: "Begin 25 Feet North and 25 feet East of the Southwest corner of the Northwest 4 of the Southeast 4 of Section 33, Township 34 South, Range 40 East; thence run East 347.09 feet for a Point of Beginning; thence run North 120 feet; thence run East 10 feet; thence North 249 feet to the Canal, thence Southeasterly along Canal to a point 474.09 feet due East of the West line of Northwest 4 of the Southeast 4, thence South 376.00 feet to the North line of Juanita Avenue, thence West 132.00 feet to the Point of Beginning, lying and being in St. Lucie County,Florida." Said easement Containing 1020 Square feet more or less. Note: The legal description within the instrument recorded in ORB 794, Page 337 contains an erroneous call to the point of beginning. The distance call of 132.00 feet should be 102.00 feet. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigned forever and the Grantor will defend the title to said lands against all persons claiming by, through o under said Grantor. IN WITNESS,-WHE EOF, the undersigned Grantors have hereunto set their hands and seals this cQU day of '2011. Signed, sealed- and deli Bred t in our presence as witnesses: �1Nitness Witness STATE OF FLORIDA COUNTY OF ST. LUCIE i TOM LEE MITCHELL The foregoing instrument was acknowledged before me this day of , 2011 by TOMMY LEE MITCHELL, who produced (7. mjr+(erGe— t((type of identification) and who did take an oath. WITNESS my hand and official seal, this dD day of — _, A.D., 2011. L (NOTARY PUBLIC SEAL) r. •+u"'s+�ie.0 CAROL A. BISHOP E' w= iDMMISSlOn DD 7776i38 Expires May 26, 2012 L'c114 A Thnu Troy Fain Insurance 80D-385.7019 u� Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: Florida, that: RESOLUTION NO. 12-005 A RESOLUTION ACCEPTING A PERMANENT SLOPE EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing PERMANENT SLOPE EASEMENT is duly accepted on behalf of St. Lucie County this 3' day of JANUARY, 2012. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: MN County Attorney S:\ACQ\WP\JoAnn\Juanita Avenue Improvements\Mitchell-Easement\Resolution No. 12-005.wpd This instrument prepared by Janet LiCausi under the direction of: Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Ave. Fort Pierce, Florida 34982 PROJECT: Juanita Avenue Improvements PARCEL I.D.: 1433-420-0008-000/9 PERMANENT SLOPE EASEMENT THIS EASEMENT, made this day of 2011, by ROBERT EARL LEWIS and MARY LEWIS, his wife, whose address is 2304 North 17th St, Fort Pierce, FL 34946-5502 hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida, hereinafter referred to as GRANTEE. WITNESSETH That the grantor, for and in consideration of the sum of One ($1.00) Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns a Permanent Slope Easement for the purpose of constructing a sidewalk on Juanita Avenue and harmonizing the ground surface area within this Easement. Such harmonizing shall consist of excavation or placement of fill material, and the maintenance thereof in, over, under, upon and through the following described land in St. Lucie County, Florida: An easement for slope construction purpose over, and across a parcel of land lying in Section 33, Township 34 South, Range 40 East, St. Lucie County, Florida; said easement being more particularly described as follows: The South 5.00' of the following described parcel of land as recorded in ORB 227, Page 1628 of the Public Records of St. Lucie County, Florida: "Begin 25 feet North and 25 feet East of SW corner of NW , of SE a of Section 33, Township 34 South, Range 40 East, St. Lucie County, Florida for a point of beginning; thence run East 60 feet; thence North 100 feet; thence West 120 feet; thence South 220 feet to point of beginning." Said easement containing 300 square feet more or less TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigned forever and the Grantor will defend the title to said lands against all persons claiming by, through o under said Grantor. I"ITNESS WHEREOF, the undersigned Grantors have hereunto set their hands and seals this day of %Y(C:' 2011. Signed, sealed, and delivered in our presence as witnesses: Witness Witness ('� �'A- A itne_s_ s Witness STATE OF FLORIDA COUNTY OF ST. LUCIE ROBERT EARL LEWIS MARY LE IS The foregoing instrument was acknowledged before me this r� day of 1KCw 2011 by ROBERT EARL LEWIS and MARY LEWIS, his wife who produced L (type of identification ) and who did take an oath. WITNESS my hand and official seal, this �f day of CZe; A.D., 2011. (NOTARY PUBLIC SEAL) . Notary Public NOT.ARYPj3BLIC-STATE OF FLORIDA (Printed, Typed or Stamped Name of Tamara V. Rol:'e Notary Public) *'--:Commission #DD741.952 Commission No.: `Expires: DEC. 13, 20.11 ED UATLUMCBONDING CO, INC, My Commission Expires: 5:\ CQ\WP\JoAnn\Juanita Avenue Im ments\Permanent Slope Easement (revised).docx Florida, that: RESOLUTION NO. 12-006 A RESOLUTION ACCEPTING A PERMANENT SLOPE EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing PERMANENT SLOPE EASEMENT is duly accepted on behalf of St. Lucie County this 3' day of JANUARY, 2012. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST, LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney S:WCQ\WP\JoAnn\Juanita Avenue Improvements\Lewis-Easement\Resolution No. 12-006.wpd This instrument prepared by Janet LiCausi under the direction of: Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Ave. Fort Pierce, Florida 34982 PROJECT: Juanita Avenue Improvements PARCEL I.D.: 1433-701-0515-000/8 PERMANENT SLOPE EASEMENT THIS EASEMENT, made this day of 12011, by SANDRA L. JENKINS, whose address is 1706 Juanita Avenue, Fort Pierce, FL 34946-1336 hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida, hereinafter referred to as GRANTEE. WITNESSETH That the grantor, for and in consideration of the sum of One ($1.00) Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns a Permanent Slope Easement for the purpose of constructing a sidewalk on Juanita Avenue and harmonizing the ground surface area within this Easement. Such harmonizing shall consist of excavation or placement of fill material, and the maintenance thereof in, over, under, upon and through the following described land in St. Lucie County, Florida: An easement for slope construction purpose over, and across a parcel of land lying in Section 33 Township 34 South, Range 40 East and also being a part of Lot 17, Block 30 of Paradise Park, as recorded in Plat Book 8, Page 17, of the Public Records of St. Lucie County, Florida; said easement being more particularly described as follows: The South 5.00' of the following described parcel of land as recorded in ORB 750, Page 2796 of the Public Records of St. Lucie County, Florida: Lot 17, Block 30 of Paradise Park as recorded in Plat Book 8, Page 17 of the Public Records of St. Lucie County, Florida. Said easement containing 300 square feet more or less. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigned forever and the Grantor will defend the title to said lands against all persons claiming by, through o under said Grantor. 1 IN WITNESS WHEREOF, the undersigned Grantors have hereunto set their hands and seals this rt r `r day of 1 OLD- , 2011. Signed, sealed, and delivered in Jur presenc 'as witnesses: drWA6, 'A �j - n / W nes , 7 SANDRA L. JEN -INS ness STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this w, day of ZOOL 2011 by SANDRA L. JENKINS, who produced r-I hZ.f (type of identification) and who did take an oath. WITNESS my hand and official seal, this & ' day of 101A t A.D., 2011. (NOTARY PUBLIC SEAL) DERINE K DAVIS #A1'0";'e * My COMMISSION # DD 942577 EXPIRES: January 31, 2014 BMW Tixu Budget IMotary Services Notary Public J)e-el4e- (Printed, Typed or Stamped Name of Notary Public) Commission No.: ���?-e42 5 ZT My Commission Expires: 31 5:\ACQ\WP\JoAnn\Juanita Avenue Improvements\Permanent Slope Easement (revised).docx 2 Florida, that: RESOLUTION NO. 12-007 A RESOLUTION ACCEPTING A PERMANENT SLOPE EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing PERMANENT SLOPE EASEMENT is duly accepted on behalf of St. Lucie County this 3' day of JANUARY, 2012, ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST, LUCIE COUNTY, FLORIDA AN Chairman APPROVED AS TO FORM AND CORRECTNESS: G3w County Attorney S:\ACQ\WP\JoAnn\Juanita Avenue Improvements\Jenkin s-Easement\Resolution No. 12-007.wpd This instrument prepared by Janet LiCausi under the direction of: Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Ave. Fort Pierce, Florida 34982 PROJECT: Juanita Avenue Improvements PARCEL I.D.: 1433-701-0332-000/1 PERMANENT SLOPE EASEMENT THIS EASEMENT, made this day of , 2011, by ALMA ANGLIN COPLIN, whose address is 1910 Juanita Ave, Fort Pierce, FL 34946-1345, hereinafter referred to as GRANTOR, and ST. LUCIE_COUNTY, a Political Subdivision of the State of Florida 2300 Virginia Avenue, Fort Pierce, Florida, hereinafter referred to as GRANTEE. WITNESSETH That the grantor, for and in consideration of the sum of One ($1.00) Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns a Permanent Slope Easement for the purpose of constructing a sidewalk on Juanita Avenue and harmonizing the ground surface area within this Easement. Such harmonizing shall consist of excavation or placement of fill material, and the maintenance thereof in, over, under, upon and through the following described land in St. Lucie County, Florida: An easement for slope construction purpose over, and across a parcel of land lying in Section 33 Township 34 South, Range 40 East and also being a part of Lot 9, Block 21 of Paradise Park, as recorded in Plat Book 8, Page 17, of the Public Records of St. Lucie County, Florida; said easement being more particularly described as follows: The south 10.00' of the following described parcel of land as recorded in ORB 902, Page 543 of the Public Records of St. Lucie County, Florida: Lot 9, Block 21 of Paradise Park as recorded in Plat Book 8, Page 17 of the Public Records of St. Lucie County, Florida. Said easement containing 600 square feet more or less TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigned forever and the Grantor will defend the title to said lands against all persons claiming by, through o under said Grantor. IN WITNESS WHEREOF, the undersigned Grantors have hereunto set their hands and seals this ( day o�, 2011. Signed, sealed, and delivered in our presenceAs witnesses: ALMA ANGLIN CO IN STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this IS+ day of nKe-m•Ikk , 2011 by ALMA ANGLIN COPLIN who produced L take an oath. WITNESS my hand and official seal, this 1 Sf (NOTARY PUBLIC SEAL) 'poPpp Marie .p�M1SStON ���G g�berq El7 p� #DD 632769 : Q, (type of identification) and who did day of 11 0-1� e-y 6--� , A.D., 2011. 1 Y 1,6i�t�e� o ary LPublic (Printed, Typed or Stamped Name of Notary Public) Commission No, My Commission Expires: 5: \ACQ\ WP\JoAnn \Juanita Avenue Improvements\Permanent Slope Easement (revised).docx 2 Florida, that: RESOLUTION NO. 12-008 A RESOLUTION ACCEPTING A PERMANENT SLOPE EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing PERMANENT SLOPE EASEMENT is duly accepted on behalf of St. Lucie County this 3`d day of JANUARY, 2012. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney S:\ACQ\WP\JoAnn\Juanita Avenue Improvements\Coplin-Easement\Resolution No. 12-008.wpd This instrument prepared by Janet LiCausi under the direction of: Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Ave. Fort Pierce, Florida 34982 PROJECT: Juanita Avenue Improvements PARCEL I.D.: 1433-420-0011-010/6 PERMANENT SLOPE EASEMENT THIS EASEMENT, made this � day of 66-1 , 2011, by ROBERT LEWIS, whose address i$2304 North 17th St, Fort Pierce, FL 34946-5502, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida 2300 Virginia Avenue, Fort Pierce, Florida, hereinafter referred to as GRANTEE. WITNESSETH That the grantor, for and in consideration of the sum of One ($1.00) Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns a Permanent Slope Easement for the purpose of constructing a sidewalk on Juanita Avenue and harmonizing the ground surface area within this Easement. Such harmonizing shall consist of excavation or placement of fill material, and the maintenance thereof in, over, under, upon and through the following described land in St. Lucie County, Florida: AN EASEMENT FOR SLOPE CONSTRUCTION PURPOSE OVER, AND ACROSS A PARCEL OF LAND LYING IN SECTION 33, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 5.00' OF THE FOLLOWING DESCRIBED PARCEL OF LAND AS RECORDED IN ORB 227, PAGE 1628 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA: "BEGIN 25 FEET NORTH AND 25 FEET EAST OF 5W CORNER OF NW 4 OF SE 4 OF SECTION 33, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA FOP, A POINT OF BEGINNING; THENCE RUN EAST 60 FEET; THENCE NORTH 100 FEET; THENCE EAST 60'; THENCE NORTH 100'; THENCE WEST 120 FEET; THENCE SOUTH 220 FEET TO POINT OF BEGINNING," SAID EASEMENT CONTAINING 300 SQUARE FEET MORE OR LESS. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigned forever and the Grantor will defend the title to said lands against all persons claiming by, through o under said Grantor. IN WITNESS WHEREOF, the undersigned Grantors have hereunto set their hands and seals this A4 day of b(-7T, , 2011. Signed, sealed, and delivered in our presence as witnesses: l aold� � .:, Witness � Witness STATE OF FLORIDA COUNTY OF ST. LUCIE ROBERT LEWIS The foregoing instrument was acknowledged before me this 2 1-/ day of �GQ� e �' , 2011 by ROBERT LEWIS, who produced L--- (type of identification) and who did take an oath. WITNESS my hand and official seal, this day of 040bp r A.D., 2011. (NOTARY PUBLIC SEAL) NOTAW PUBLIC -STATE OF WRMA. s•"""'•, Tamara V Rolle ► Commission #DD741952 , Expires; DEC.13, 2011 $ NDED nmu ATLMC BONDINQ Co., INC. Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No., My Commission Expires; 5:\ACQ\WP\JoAnn\Juanita Avenue Improvements\Permanent Slope Easement (revised).docx Florida, that: RESOLUTION NO. 12-009 A RESOLUTION ACCEPTING A PERMANENT SLOPE EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing PERMANENT SLOPE EASEMENT is duly accepted on behalf of St. Lucie County this 3' day of JANUARY, 2012. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney S:\ACQ\WP\JoAnn\Juanita Avenue Improvements\Lewis,Robert-Easement\Resolution No. 12-009.wpd This instrument prepared by Janet LiCausi under the direction of: Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Ave. Fort Pierce, Florida 34982 PROJECT: Juanita Avenue Improvements PARCEL I.D.: 1433-420-0011-000/3 PERMANENT SLOPE EASEMENT THIS EASEMENT, made this oZn � day of ��+� �� ,2011, by WILLY T. WILLIAMS, SR., whose address is 1710 Ave E Fort Pierce, FL 34950-7053, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida 2300 Virginia Avenue, Fort Pierce, Florida, hereinafter referred to as GRANTEE. WITNESSETH That the grantor, for and in consideration of the sum of One ($1.00) Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns a Permanent Slope Easement for the purpose of constructing a sidewalk on Juanita Avenue and harmonizing the ground surface area within this Easement. Such harmonizing shall consist of excavation or placement of fill material, and the maintenance thereof in, over, under, upon and through the following described land in St. Lucie County, Florida: AN EASEMENT FOR SLOPE CONSTRUCTION PURPOSE OVER, AND ACROSS A PARCEL of LAND LYING IN SECTION 33 TOWNSHIP 34 SOUTH, RANGE 40 EAST AND ALSO BEING A PART OF LOT 20, BLOCK 30 OF PARADISE PARK, AS RECORDED IN PLAT BOOK 8, PAGE 17, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 5.00' OF THE FOLLOWING DESCRIBED PARCEL OF LAND AS RECORDED IN ORB 225, PAGE 1974 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA: LOT 20, BLOCK 30 OF PARADISE PARK AS RECORDED IN PLAT BOOK 8, PAGE 17 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID EASEMENT CONTAINING 378 SQUARE FEET MORE OR LESS. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigned forever and the Grantor will defend the title to said lands against all persons claiming by, through o under said Grantor. IN.YITNESS WHEREOF, the undersigned Grantors have hereunto set their hands and seals this �� day of 2011, Signed, sealed, and delivered in our presence as witnesses: s -- f ILLY L 'AMS, SR. STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this � day of 11 2011 D� Pf`��c.e,r�1 by WILLY J. WILLIAMS, SR., who producedait �c � ( type of identification) and who did take an oath. WITNESS my hand and official seal, this o2 day of 'k-ft��l A.D., 2011. (NOTARY PUBLIC SEAL) YVONNE COE �p MY COMMISSION # DD833544 EXPIRES: December 15, 2012 PW 1.800OP-3-No ARY Fl. NotM Discount Assoc. Co. wuc��-.ka- crl�' Notary Ablic YV6 nip (Printed, Typed or Stamped Name, of Notary Public) 5:\ACQ\WP\JoAnn\Juanita Avenue Improvements \ Permanent Slope Easement (revised).docx Florida, that: RESOLUTION NO. 12-010 A RESOLUTION ACCEPTING A PERMANENT SLOPE EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing PERMANENT SLOPE EASEMENT is duly accepted on behalf of St. Lucie County this 3`d day of JANUARY, 2012. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA M Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney S:\ACQ\WP\JoAnn\Juanita Avenue Improvements\Williams-Easement\Resolution No. 12-010.wpd 4._ RESOLUTION NO. 09-302 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL FUNDING AGREEMENT (FM NO. 426209-1-52/62-01) FOR THE CONSTRUCTION OF THE JUANITA AVENUE BRIDGE REPLACEMENT OVER TAYLOR CREEK AND AUTHORIZE THE CHAIR TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation and the County desire to c000perate in the construction of the Juanita Avenue Bridge Replacement over Taylor Creek from North 151h Street to North 13th Street (FM No. 426209-1-52/62-01), 2. The Board should authorize and approve execution of the Locally Funded Agreement with the State of Florida Department of Transportation for the above referenced project. NOW, THEREFORE, BE IT RESOLVED;by.the Board of County Commissioners of St. Lucie County, Florida 1, The Board hereby accepts and approves the Locally Funded Agreement with the State of Florida (FM No. 426209-1-52/62-01) for the construction of the Juanita Avenue Bridge Replacement over Taylor Creek from North 15th Street to North 13th Street. 2. The Board hereby authorizes the Chair to execute the above referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on Resolution No. 09-302 was as follows: Chair Paula Lewis AYE Vice Chair Charles Grande AYE Commissioner Chris Craft AYE Commissioner Doug Coward AYE Commissioner Chris Dzadovsky AYE v PASSED AND DULY ADOPTED this 13th day of October 2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND COO,`CTNESS: BY. t J County Attor y F.f i RESOLUTION NO. 09-303 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF , TRANSPORTATION HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT (FM NO. 426209-1-52-01) FOR THE CONSTRUCTION OF THE JUANITA AVENUE BRIDGE REPLACEMENT OVER TAYLOR CREEK AND AUTHORIZE THE CHAIR TO EXECUTE THE. AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of 5t, Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation and the County desire to cooperate in the construction of the Juanita Avenue Bridge Replacement over Taylor Creek from North 15th Street to North 13th Street (FM No. 426209-1-52-01). 2, The Board should authorize and approve execution of the Highway Maintenance Memorandum of Agreement with the State of Florida Department of Transportation for the above referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of.. County Commissioners of St. Lucie County, Florida 1, The Board hereby accepts and approves the Highway Maintenance Memorandum of Agreement with the State of Florida (FM No, 426209-1-52-01) for the construction of the Juanita Avenue Bridge Replacement over Taylor Creek from North 15th Street to North 131h Street. 2, The Board hereby authorizes the Chair to execute the above referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second,.the vote on Resolution No. 09-303 was as follows: Chair Paula Lewis AYE Vice Chair Charles Grande AYE Commissioner Chris Craft AYE Commissioner Doug Coward AYE Commissioner Chris Dzadovsky AYE PASSED AND DULY ADOPTED this 13th day of October 2009 ATTEST: j . Deputy Cl BOARD OF COUNTY COMMISSIONERS . ST, LUCIE COUNTY, FLORIDA BY: r Chair APPROVED A5TO FORM AND CO' ECTNE55, --, J � BY; l { County Attorne J�� AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney ITEM NO. VI-B-2 DATE: January 3, 2012 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: 1oAnn Riley Property Acquisition Manager SUBJECT: Request Permission to Advertise Notice of Public Hearing Petition to abandon a 10-foot Drainage/Utility Easement along North side of Lots 35, 36, 37 and 38 and a 6-foot Drainage/Utility Easement along East side of Lot 35, all in Block 43 in River Park - Unit Five BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION:.Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on February 7,, 2012 at 6:00 p.m. or as soon thereafter as possible. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER [x] County Attorney: —2[k1 Heather Young [x] Originating Dept: J Nl(L JoAnn Riley Review and Approvals [ J Road and Bridge: Don Pauley [ J Engineering: Mike Powley Faye W. Outlaw, MPA County Administrator [ ] Public Works: Don West [ ] County Surveyor: Ron Harris PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: January 3, 2012 SUBJECT: Request Permission to Advertise Notice of Public Hearing Petition to abandon a 10-foot Drainage/Utility Easement along North side of Lots 35, 36, 37 and 38 and a 6-foot Drainage/Utility Easement along East side of Lot 35, all in Block 43 in River Park - Unit Five BACKGROUND: The Property Acquisition Division received a request to abandon a 10-foot Drainage/Utility Easement along the North side of Lots 35, 36, 37 and 38 along with a 6-foot Drainage/Utility Easement along East side of Lot 35, all in Block 43 in River Park - Unit 5. The Drainage/Utility Easement was dedicated to.the Public in Plat Book 11, Page 31. The purpose of this abandonment is to allow for the construction of a fence between commercial and residential properties. RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on February 7, 2012 at 6:00 p.m. or as soon thereafter -as possible. Respectfully submitted, Ann Riley Property Acquisition Manager r" v Id l� r � ZIALM AMRIAL— N. " COUNTY OF ST. LUCIE, FLORIDA SECTION 28, TOWNSHIP 36 SOUTH, RANGE 40 EAST Engineers (CO.A. No. 3215) Architects (Lic. No. AA2600926) Surveyors (LB. No. 7143) 2216 AltmmmtAvenue Landscape Arch. (Lic-No. LC0000298) Ft. MVers, FL 33907 Planners Phone.- 239.322.5499 Environmental Scientists Fax: 239.332.2955 Construction Management Trafficl Transportation Date: 04/2011 Job No. A20113 Scale: N.T.S. File: PRE -DEVELOPMENT AERIAL FIGURE 3 PRIMA VISTA & AIROSO BLVD Af t0170 Page I COUNTY OF ST. LUCIE, FLORIDA © 2011 Sketch and Description: THIS IS NOT A SURVEY 100' DRAINAGE EASEMENT "RIVER PARK — UNIT FIVE" PLAT BOOK 11, PAGE 31 N 89°56'00" W 3 Lu LOT 35 o LOT 34 Q3 to > � � � w 0 J O Z d `0 N ~ � 0 o 2 1 o PROPOSED PARCEL mU Wo 00 0 0 0 0 o a w LOT 38 >n En Om am Z _1 0 =) �_ x IL WW > J R = 25.00' }I L = 90,00,00" L = 39.27' C = 35.36' \B = S 44'56'00" E 75' .100' t N 89"56'00" W 1 325.00 BLOCK 43 "RIVER PARK — UNIT FIVE" LOT 37 PLAT BOOKIII, PAGE 31 L07 36 d o U) N —75 75' 75' N 89'56'00" W (BB) 300.00' NORTHERLY RIGHT OF WAY LINE PRIMA VISTA BOULEVARD PRIMA VISTA BOULEVARD of 100' PUBLIC RIGHT OF WAY dl "RIVER PARK — UNIT FIVE" PLAT BOOK 11, PAGE 31 GRAPHIC SCALE 50 0 25 50 100 ( IN FEET ) 1 inch = 50 ft. ENO E- C.O.CERTMCATEOFAUTH0RLZA270N Axh-ARCE=CT_ nL BB.A.-II�EBRINO L:B--UCENSEOBUSZNESS II LaMacp. —LANDSCAPE WA—NOTAPPLICABLE Lfa -LICENSED No.-NIMORM P.O.-POSTOMCE C -COPYRIGHT t N 89"56'00" W 1 325.00 BLOCK 43 "RIVER PARK — UNIT FIVE" LOT 37 PLAT BOOKIII, PAGE 31 L07 36 d o U) N —75 75' 75' N 89'56'00" W (BB) 300.00' NORTHERLY RIGHT OF WAY LINE PRIMA VISTA BOULEVARD PRIMA VISTA BOULEVARD of 100' PUBLIC RIGHT OF WAY dl "RIVER PARK — UNIT FIVE" PLAT BOOK 11, PAGE 31 GRAPHIC SCALE 50 0 25 50 100 ( IN FEET ) 1 inch = 50 ft. ENO E- C.O.CERTMCATEOFAUTH0RLZA270N Axh-ARCE=CT_ nL BB.A.-II�EBRINO L:B--UCENSEOBUSZNESS II LaMacp. —LANDSCAPE WA—NOTAPPLICABLE Lfa -LICENSED No.-NIMORM P.O.-POSTOMCE C -COPYRIGHT NOT VALID ill7HOUT SHEETS 1 & 2 OF 2 Date: 10/5/11 I Drawn B TNL Y: Scale: 1" = 50' Job No. A20133 1 File: AmikiosomowG EmsEngineers (CO.A. No.3215) Architects (Lic.. No. AA2600926) Surveyors (L.B. No. 7143) Landscape Arch. (Lic. No. L00000298) Planners 500 West Fulton Street Sanford, Fl. 32771 P.O. Boas 2808 32772-2808 EASEMENT VACATE SECTION 28-TOWNSHIP 36 SOUTH -RANGE 40 EAST ST. LUCIE COUNTY, FLORIDA Sheet Environmental Scientists Construction Management I Traffic/Transportation Phone. 407.3226841 Fax: 407.330.0639 2 of 2 SKETCH AND DESCRIPTION ©2011 0 Sketch and Description; THIS IS NOT A SURVEY GRAPHIC SCALE 50 0 25 50 100 ( IN FEET ) 1 inch = 50 ft. o� 0 0 N 100' DRAINAGE EASEMENT (PER PLAT) j "RIVER PARK — UNIT FIVE" PLAT BOOK 11, PAGE 31 s 89`56'x" E N 89'56'00" W— 325.006.66' loot_ � 75' _T 7 75_T 75' — BLOCKI 43 6.0' DRAINAGE & UTILITY EASEMENT "RIVER PARK — UNIT FIVE" PLAT BOOK 11, PAGE 31 O O LOT 37 o }. LOT 38 LOT 35 0 LOT 36 LOT 34 to >k��-W ao W O —0 Uj W m M I o PROPOSED PARCEL O0�o O O O O V) < 0 O�Q_m d p:¢ O O Qo�a I I O O R 25.00' O O L = .90'00'00" z L.= 39.27' C = 35.36' CB S 44'56'00" . 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LUCIE COUNTY, FLORIDA Planners 32772-2808 Environmental Scientists Phone. 407.322.6841 2 of 2 Construction Management Fax: 407.330.0639 SKETCH AND DESCRIPTION Traffic/Transportation ©�011 a n lery?Pf YjZ*'t Y ITEM NO. VI-C . .YS r+ [ DATE: 01/03/12 r� AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Toby. Long SUBMITTED BY: St. Lucie County Sheriff's Office Director Finance & Technology SUBJECT: Draw Request - January 2012. BACKGROUND: The Sheriff is requesting funds for operations from the General Fund & Fine Forfeiture in the amount of $4,980,941.75. Double Draw: (Amount requested; 1st draw total = $4,980,941.75) (2"d draw total = 4,980,941.75) This is a total of $9,961,883.50 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 Sheriff's double draw request for January 2012 in the amount of $4,980,941.75. (Amount requested; 1st draw total = $4,980,941.75) (2"d draw total=$4,980,941.75)- This is a total of $9,961,883.50 for the month of January. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER - Faye W. Outlaw, MPA County Administrator Coordination/Sianatures County Attorney ( ) OMB Director ( ) J Budget Analyst ` (Name) Senn, t--i� li 41 r-, 84, - y v ass (Name) Originating Dept. ( ) ERD ( ) (Name) (Name) TO: Board of County Commissioners THROUGH: Sheriff Ken J. Mascara FROM: The St. Lucie County Sheriff's Office DATE: 01 /03/12 SUBJECT: Draw Request — January 2012. ITEM NO. VI-C Background: The Sheriff is requesting funds for operations from the General Fund & Fine Forfeiture in the amount of $4,980,941.75. Double Draw: (Amount requested; 1st draw total = $4,980,941.75) (2"d draw total=$4,980,941.75) This is a total of $9,961,883.50 for the month of January. See attached memos. Previous Action None Recommendation Staff recommends approval of the Sheriff's double draw request for January 2012 in the amount of $4,980,941.75. (Amount requested; 1st draw total = $4,980,941.75) (2"d draw total=$4,980,941.75) This is a total of $9,961,883.50 for the month of January. Eli®� KEN J. MASCARA 4700 West Midway Road, Fort Pierce, Florida 34981 CIE C� November 30, 2011 The Honorable Chris Dzadovsky, Chair St. Lucie Board of County Commissioners St. Lucie County Ft. Pierce, FL 34982 ti Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 • Fax: (772) 489-5851 Dear Chairman Dzadovsky: Attached is our double draw request per Florida Statute 30.50 (1) for the month of January 2012. Thank you in advance for your assistance. Please contact our Comptroller Lee Tinker at 462-3290 if you have any questions. Sincerely, Attachment �AIER KEN J. MASCARA 4700 West Midway Road, Fort Pierce, Florida 34981 CIE 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: 11 /30/11 Gentlemen/Ladies: In compliance with the provisions of Chapter 30.50, Florida Statutes I hereby request funds for operations as shown below. incerely Ken J ascara By: W. Lee fiMer, Com- pffoller TOTAL PREVIOUSLY THIS TOTAL CODE ITEM BUDGET RECEIVED REQUISITION REQUISITION 12THS 16 JUDICIAL TOTAL 3,292,381.00 1,097,460.32 274,365.08 1,371,825.40 5/12 21 LAW ENFORCEMENT TOTAL 31,976,712.00 10,658,904.00 2,664,726.00 13,323,630.00 5/12 23 CORRECTIONS TOTAL 24,502,208.00 8,167,402.68 2,041,850.67 10,209,253.35 5/12 TOT. BUDGET/REQUEST 59,771,301.00 19,923,767.00 4,980,9.41.75 24,904,708.75 5/12 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST ITEM NO. VI-D DATE: 1/3/12 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P. Public Works/Engineering Division County Engineer Repairs of South 25th Street Bridge Over Ten -Mile Creek Southbound Lanes See attached memorandum. 101006-4116-563012-4108 Trans Trust/Impact Fees PREVIOUS ACTION: February 16, 2010 - Administrative approval of Work Authorization No. 1 with RS&H in the amount of $24,947.81 for design of the Repairs of South 25th Street Bridge Over Ten -Mile Creek Southbound Lanes. RECOMMENDATION: Board approval to reject all bids and to rebid the Repairs of South 25th Street Bridge Over Ten -Mile Creek Southbound Lanes. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( x ) OMB Director ( x ) aniel McIntyre Budget Analyst Marie Gouin Originating Dept. ( x ) ADoId West S. 25'h Bridge Repairs reject bids and rebid.ag County Engineer ( x) VP Michael Powley Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Engineer DATE: January 3, 2012 SUBJECT: Repairs of South 25th Street Bridge Over Ten -Mile Creek Southbound Lanes ITEM NO. VI-D Background: On December 14, 2011, bids were opened for the referenced project. Only one bid was received. It was from Sunshine Land Design in the amount of $75,457.73. This value is significantly higher than our engineer's estimate of $40,000. It is staff's desire to contact many of those who picked up plans but did not submit bids to learn why. We also intend to contact companies that did not pick up plans to learn why. With this information, it is our hope to modify our plans, as necessary, and to rebid the project notifying as many contractors as possible and to do so as soon as posible. Recommendation: Board approval to reject all bids and to rebid the Repairs of South 25th Street Bridge Over Ten - Mile Creek Southbound Lanes. ITEM NO. VI -El DATE: 1 /3/2012 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski SUBMITTED BY: Housing and Community Services/Housing Housing Manager SUBJECT: Construction Services for D-9 Canal Drainage Improvements BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001519-5420-583000-500 - Community Development Block Grant (CDBG Fay) PREVIOUS ACTION: December 22, 2009 — Board approved submission of grant application March 23, 2010 - Board approved the Interlocal Agreement with the City of Port St. Lucie. RECOMMENDATION: Board authorization to award bid #11-037 for construction services to Arbor Tree and Land, Inc. for the D-9 Canal Drainage Improvement project funded under the CDBG Tropical Storm Fay, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) OTHER County Attorney ( ) ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director n-L'I Budget Analyst Dan el S. McIntyre Originating Dept. ( Beth Ryder Marie Gouin Sophia Holt Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, DirectorI FROM: Diana Wesloski, Housing Manager Vfl/,k DATE: January 3, 2012 SUBJECT: Construction Services for D-9 Drainage Improvements ITEM NO. VI -El Background: St. Lucie County was granted $8,058,428 in Community Development Block Grant (CDBG) funds for recovery projects as a result of Tropical Storm Fay. The funds were designated for 2010-2012 and for five (5) infrastructure projects. On March 23, 2010, the Board approved an interlocal agreement between St. Lucie County and the City of Port St. Lucie to provide funding for D-9 Canal Drainage Improvement project. The project went out to bid on October 16, 2011 to 72 vendors. Twelve (12) responses were received. The lowest responsive bidder was Arbor Tree & Land, Inc. Due to Community Development Block Grant funding; Bid No.11-037 was not bid in accordance with Local Preference Ordinance No. 09-005. Recommendation: Board authorization to award bid #11-037 for construction services to Arbor Tree and Land, Inc. for the D-9 Canal Drainage Improvement project funded under the CDBG Tropical Storm Fay, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Bid Tabulation Recommendation Letter from the City of Port St. Lucie to award bid to Arbor Tree and Land Clearing Construction, Inc. Recommendation letter from Engineering Design & Construction, Inc., to award bid to Arbor Tree and Land Clearing Construction, Inc. — Engineer for D-9 project. w 0 0 0 �A o T z �o �>> ADD S2 „0D, o mC 222 N T � oND{O 0o. m' m O Z -4�W 4N A Y�;O N Z oDm o = 1 a = N� O A ? N c� Z A T S D Z 0 0 co-n m wv we z �� �� c cny rn� rrjX ma -z �m 0) Cl) NW U'O -z-i2 mr co �r A m � O m> �-i m � 3 m; v W m ti0 U)z �.n CD r nm-0 �� > m �fo 0 0 v0 r a) -n T a m m Cl) m m '"O on �O Nn r- 0(� — �< m �Z m �• w> w 0m �N mX P D P CD m W � c rr- W oz rn n< to �-ni w n r n m rn w co co N z 4 0 co 0) (.0 00 N a) O CA O Cil O O co CD OOD 000 N W co V 4 Co U7 (4 00 91 O O Op O o O O {fl bi ffl vi 169 169 UNi -� .A W PD N 11 J� O -� 00 O v oD O O 00 CD v 0 O o O OD O o O 0 O 0 469 .64 -69 -r.9 -69 4G9 O U7 o OD v O w co ti N QI W V O :P O CD O O O O to bq -69 -69 1.0 Co _ C, N O O O co O .p un O 0 o o Cl 0 Gq A Cl N io Cl -1 v -� w y O O -4 W N N O (0 O w C) OD w � � w A Cl O Cl :1 co C. 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O w m 0o O to cn N W ? rn N co w W Cn W W A co 4 (O O O al o Cn o .(fl Efl -CA -09 {fl to W (0 (0 c„> v (p W W (o 00 (o (On WO to 0) O O 00OVo O O O O w O Cl 1.9 -69 1.i9 4A ifl {fl N N N N N N O) (0 to ? a) co -0 N O W 4 W W N = N m O O O ? W (O W O CyJi Cl O (n N O *,QORTST CITY OF PORT ST. LUCIE ENGINEERING DEPARTMENT i Accredited Agency — American Public Works Association 'A Oty for All Ages" December 5, 2011 Ms. Diana E. Wesloski Housing Manager Housing and Coininunity Services Department 437 North 7th Street Fort Pierce, FL 34950 Re: D-9 Canal Drainage Improvements Project Dear Ms. Wesloski: C.�4'E B R-4 `. A.9961 >(y 2011 �4r Sr. t. The City of Port St. Lucie Engineering Department and Engineering Design & Construction, Inc. (EDC) have reviewed the November 22, 2011 bids for the D-9 Canal Drainage Improvements Project, CDBG-DRI IODB-K4-10-66-01-K35. I've attached the EDC recommendation of award letter and the bid tabulation for your use. The City of Port St. Lucie Engineering Department recommends award of the D-9 Canal Drainage Improvements Project to Arbor Tree and Land Clearing, Inc. for the bid amount of $1,572,813.70 which includes performance bond and alternate pricing. Should you have any questions or require additional information, please do not hesitate to contact me. Respeaf4lly, CZ L rry �au Project Manager /in Attachment cc: Jesus Merejo — Utility Systems Director Patricia Roebling, P.E. — City Engineer Kimberly Graham, P.E. —Assistant City Engineer Tricia Swift -Pollard, - Director, Community Services Department James E. Angstadt, P.E. — Civil Engineer Roderick Kennedy, P.E. — Engineering Design & Construction, Inc. EENGINEERING DESIGN &. C ONSTRUCT'IQWy INNC- D 1934 Tucker Court Fort Pierce, FL 34950 Cphone:772-462-2455 fax: 772-462-2454 TRANSMITTAL SHEET TO: FROM: Larry Nadeau Rod Kennedy COMPANY I DEPARTMENT: DATE: PSL Public Works November 30, 2011 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 871-7397 1 PHONE NUMBER: 871-6104 RE: D-9 Canal — Bid Recommendation N URGENT ❑ REVIEW ❑ COMMENT ❑ REPLY ❑ ORIGINAL US MAIL ❑ OVERNIGHT ❑ HAND DELIVERED NOTES/COMMENTS: We have reviewed the unit bid prices for the top three, or lowest total dollar amounts, for the bid submittal referencing D-9 Canal. The top three bidders are listed below along with their total bid amount to include performance bonds and alternate pricing. 1. Arbor Tree & Land Clearing, Inc. $1,572,813.70 2. Guettler Brothers Construction $1,712,141.00 3. Mancil's Tractor Services, Inc. $1,713,401.60 The submitted bid prices for all three contractors seem to be in -line with our estimate of probable costs and current, standard construction pricing. The top bidder, Arbor Tree & Land Clearing, Inc. did show some specific line item prices that were significantly different than our estimate and those of the other two contractors. However, they are a reputable construction company with a proven track record of successful projects. We recommend you proceed with the selection process in securing Arbor Tree & Land Clearing, Inc. as the contractor of choice to complete the D-9 Canal Drainage Improvements. Should you have any questions or require additional information, please feel free to contact me at 772462-2455 or by e-mail at rod kennedyCa.edc-inc.com at your convenience. PLEASE CALL THE NUMBER LISTED BELOW IF THERE ARE ANY PROBLEMS WITH THIS DOCUMENT ENGINEERING DESIGN & CONSTRUCTION, INC CIVIL ENGINEERS SPECIALIZING IN LAND DEVELOPMENT 1934 Tucker Court. Fort Pierce. FL 34950 Dh:(772) 462-2455 fx:(772) 462-2454 11 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST ITEM NO. VI-E2 DATE: 1/3/2012 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski Housing and Community Services/Housing Housing Manager Construction Services for Hogpen Slough Drainage Improvements See attached memorandum. 001519-5420-583000-500 - Community Development Block Grant (CDBG Fay) December 22, 2009 — Board approved submission of grant application March 23, 2010 - Board approved the Interlocal Agreement with the City of Port St. Lucie. RECOMMENDATION: Board authorization to award bid #11-040 for construction services to Melvin Bush Construction, Inc. for the Hogpen Slough Drainage Improvement project funded under the CDBG Tropical Storm Fay, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director Budget Analyst Da I S. McIntyre Originating Dept. ( ) Beth Ryder kD arie Gouin ophia Holt Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Directoa6 FROM: Diana Wesloski, Housing Manager DATE: January 3, 2012 SUBJECT: Construction Services for Hogpen Slough Drainage Improvements ITEM NO. VI-E2 Background: St. Lucie County was granted $8,058,428.00 in Community Development Block Grant (CDBG) funds for recovery projects as a result of Tropical Storm Fay. The funds were designated for 2010-2012 and for five (5) infrastructure projects. On March 23, 2010, the Board approved an interlocal agreement between St. Lucie County and the City of Port St. Lucie to provide funding for the Hogpen Slough Drainage Improvement project. The project went out to bid on October 23, 2011 to 70 vendors. Two (2) responses were received. The lowest responsive bidder was Melvin Bush Construction, Inc. Due to Community Development Block Grant funding; Bid No.11-040 was not bid in accordance with Local Preference Ordinance No. 09-005. Recommendation: Board authorization to award bid #11-040 for construction services to Melvin Bush Construction, Inc. for the Hogpen Slough Drainage Improvement project funded under the CDBG Tropical Storm Fay, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Bid Tabulation Recommendation Letter from the City of Port St. Lucie to award bid to Melvin Busch Construction, Inc. Recommendation Letter from CAPTEC Engineering, Inc. to award bid to Melvin Busch Construction, Inc. — Engineer for Hogpen Slough project. BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - BID #11-040 HOGPEN SLOUGH DRAINAGE IMPROVEMENTS OPENED: DECEMBER 07, 2011 AT 3:00 PM TWO (2) submittals were received for subject proposal: PURCHASING DEPARTMENT Total BID Amount ?748 SW Casella Street, Port St. Lucie, FL 4953 $ 412,292.85 Fel: 772-336-0623 =ax: 772-336-0488 291 SE Lionel Terrace, Stuart, FL 34997 $ 587,580.82 el: 772-283-2648 ax: 772-283-8944 Number of companies notified*: 472 Number of bid documents distributed*: 70 Number of bids received: 2 *per demandstar.com CHRIS DZADOVSKY, District No.1 *TOD MOWERY, District No. 2 • PAULA A. LEWIS, District No. 3 ♦FRANNIE HUTCHINSON, District No. 4 ♦CHRIS CRAFT, District No. 5 County Administrator — FAYE W. OUTLAW, MPA 2300 Virginia Avenue — Fort Pierce, FL 34982-5652 — Phone (772) 462-1700 —TDD (772) 462-1428 Website: www.co.st-lucie.fl.us �QORFST CITY OF PORT ST. LUCIE ENGINEERING DEPARTMENT v - i m r� Accredited Agency — American Public Works Association FAOR19A A City for All Ages" December 12, 2011 Ms. Diana E. Wesloski Housing Manager Housing and Community Services Department 437 North 7th Street Fort Pierce, FL 34950 Re: Hogpen Slough/H16 Canal Drainage Improvements Project Community Development Block Grant — Disaster Recovery Program Dear Ms. Wesloski: 2011 ORr ST %- The City of Port St. Lucie Engineering Department and CAPTEC Engineering, Inc. have reviewed the December 8, 2011 bids for the Hogpen Slough/1-116 Canal Drainage Improvements Project, a project sponsored by the Community Development Block Grant — Disaster Recovery Program and referenced as CDBG 10DB-K4-10-66-01-K35. Based on these reviews it is our recommendation to award the Hogpen Slough/H16 Canal Drainage Improvements Project to Melvin Bush Construction, Inc. for the bid amount of $412,292.85 which includes bid alternate pricing and payment/performance bond. The contract time frame for construction is 180 calendar days from issuance of Notice to Proceed. The CAPTEC recommendation of award letter and bid tabulation sheets is attached for your use. Should you have any questions or require additional information, please do not hesitate to contact me. Respe lly, Larry Na eau Project Manager /In Attachment cc: Jesus Merejo — Utility Systems Director Patricia Roebling, P.E. — City Engineer Kimberly Graham, P.E. — Assistant City Engineer Tricia Swift -Pollard, - Director, Community Services Department James E. Angstadt, P.E. — Civil Engineer Roderick Kennedy, P.E. — Engineering Design & Construction, Inc. Steve Marquart, P.E. — CAPTEC Engineering, Inc. December 9, 2011 1334 Mr. Larry Nadeau Project Manager CITY OF PORT ST. LUCIE ENGINEERING DEPARTMENT 900 SE Ogden Lane Port St. Lucie, Florida 34984 (772) 871-5104 RE: MELVIN BUSH CONSTRUCTION, INC. RECOMMENDATION OFAWARD ST. LUCIE COUNTY PROJECT #11-040 HOGPEN SLOUGH DRAINAGE IMPROVEMENTS Dear Mr. Nadeau: As requested, CAPTEC Engineering, Inc. has reviewed the bid proposals received on December 7, 2011 for the Hogpen Slough Drainage Improvements project. We hereby recommend Melvin Bush Construction, Inc., the provider of the lowest quote for the project, with a bid total of $412,292.85 for the base bid and all three alternates. We do not find any irregularites in any of the quotes submitted and find the prices provided by Melvin Bush Construction, Inc. to be fair and reasonable. Based on our findings, CAPTEC recommends this project be awarded to Melvin Bush Construction, Inc. The contract time frame for construction is 180 calendar days from issuance of Notice to Proceed. Please advise if we can provide any additional information. Sincerely, Steven P. Marquart, P.E. Project Manager SPM: mtf cc: Gary Jones, CAPTEC P:\1300\1334 - D-9 Canal & Hogpen Slough\PSL\LNadeau Hogpen Slough Award Recommend 120911.doc 301 NW Flagler Avenue • Stuart, FL 34994 - (772) 692-4344 • Fax (772) 692-4341 • E-mail: captecinfo0 ocaptec.com P AGENDA REQUEST ITEM NO. VI-F DATE: 01/06/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT M TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk & Benefits M ger SUBJECT: Corizon Inmate Health Care Invoice No. CZN000010270 for FY-2011 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval). PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval for payment of Corizon Health Services FY-2011 invoice number CZN000010270 for Inmate Utilization of Medical Service costs in the amount of $84,600.92. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Sia natures County Attorney (X) OMB Director (X) --J)L Budget Analyst (Daniel S. McIntyre) (Marie Gouiny Originating Dept. (.X) _A ERD ( ) (W' iam Hoeffner) (Name) Human Resources/Risk Management MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Human Resources Director FROM: Daniel J. Lutzke, Risk & Benefits Manager DATE: December 6, 2011 SUBJECT: Corizon Inmate Health Care Invoice No. CZN000010270 for FY-2011 ITEM NO. VI-F Background: Corizon Health Services acts as a third party administrator for prisoner health care and manages and pays for medical care expenses for incarcerated jail inmates that are provided off -site (outside the Jail). The County then reimburses Corizon for the invoices Corizon has paid. Florida Statutes make the County responsible for payment of inmate medical services, including psychotropic drugs, whenever the inmate has no viable method of paying for medical services. Corizon has submitted Invoice Number CZN000010270 (Attachment A) for the FY-2011 Inmate Utilization of medical services costs that Corizon has paid totaling $84,600.92 and is requesting reimbursement from the County. This brings the total to -date for FY-2011 Inmate Medical Utilization costs to $1,378,476.51. Staff anticipates receiving a final Corizon Utilization invoice for FY-2011 of approximately $365,000, bringing the anticipated total cost for FY-2011 Utilization of Off -site Medical Services to approximately $1,743,476.51. That will be a considerable reduction from the amount budgeted for FY-2011 Inmate medical care. Previous Action: March 22, 2011 — Board approval of Prison Health Services invoice for Inmate Medical Services in the amount of $191,593.82. May 17, 2011 — Board approval of Prison Health Services invoice for Inmate Medical Services in the amount of $309,343.65. August 16, 2011 — Board approval of Prison Health Services invoice for Inmate Medical Services in the amount of $350,487.23. December 6, 2011 — Board approval of Corizon Health Services invoice for Inmate Medical Services in the amount of $442,450.89. Recommendation Board approval for payment of Corizon Health Services FY-2011 invoice number CZN000010270 for Inmate Utilization of Medical Service costs in the amount of $84,600.92. INVOICE Please Remit To: CORIZON HEALTH, INC 12464 Collection Center Drive Chicago IL 60693 Customer: ST. LUCIE COUNTY SHERIFF'S DEPT. ATTN: TOBY LONG 4700 WEST MIDWAY ROAD FORT PIERCE, FL 34981 Invoice: Invoice Date: Page: Customer No: Payment Due By: AMOUNT DUE: Attachment - A CZN000010270 December 20, 2011 1 of 1 98005 1/19/2012 84,600.92 For billing questions, please call: 800-729-0069 EXT. 1338 Fed TIN # 23-2108853 For products and services rendered during the following dates: Beginning: 1011/10 Ending 9/30/11 Description Quantity UOM Unit Amt Net Amount Utilization as of 12/20/11 for 1.00 EA 84,600.92 84,600.92 the Contract Year: 10/1/10-9/30/11 Subtotal: AMOUNT DUE: Please Document Any Variations In Amounts Not Paid in Full 84,600.92 $84,600.92. QUARTERLY INVOICE St. Lucie County, FL Aggregate Report for Contract Year: October 1, 2010 through September 30, 2011 Utilization and HIV Meds For the date ended: December 20, 2011 Aggregate Terms per Contract (backup attached): 100% reimbursement $ - Summary of Aggregate Calculation through 12120111: Paid Claims $ 1,118,763.06 On -Site Dialysis Treatments $ 51,800.00 Pharmacy - Dialysis Medications $ 16,342.44 Pharmacy - Cancer Medications $ 19.26 HIV Costs $ 518,608.72 On -Site X-ray $ 15,850.00 Total Paid through 12120111: Less: Previously Invoiced $ 1,720,273.47 $ (1,636,672.56) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST ITEM NO. VII-A DATE: 01/03/12 REGULAR ( ) PUBLIC HEARING (X) LEG. (X ) QUASWD ( ) CONSENT ( ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jeffrey Johnson Planning and Development Services Senior Planner Ordinance No. 11-027 — Land Development Code Text Amendment to Class A Mobile Home Permits. See attached memorandum. N/A July 5, 2011 — Board of County Commissioners initiated Land Development Code Text Amendment. October 20, 2011 — Planning and Zoning Commission continued the item to the November 17, 2011 meeting. November 17, 2011 — Planning and Zoning Commission unanimously recommended denial. RECOMMENDATION: Board continuance of the first required public hearing to February 7, 2012 at 6:00 pm, or as soon thereafter as possible for Ordinance No. 11-027. Coordination/Signatures County Attorney (X) "N' C" Daniel S. McIntyre County Engineer ( ) Michael Powley r�Originating Dept. (X) _ Mark Satterlee County Surveyor ( ) Ron Harris ERD (X) Q Karen Smith Planning and Development Services Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning and Development Services Direc Kara Wood, Planning Manager PV FROM: Jeffrey Johnson, Senior Planner DATE: January 3, 2012 SUBJECT: Ordinance No. 11-027 — Land Development Code Text Amendment to Class A Mobile Home Permits ITEM NO: VII-A Background: During the public hearing portion of the July 5, 2011 Board of County Commission meeting, the Board directed staff to amend the text of the Land Development Code (LDC) to administratively allow the review and issuance of Class A Mobile Home Permits. Currently, the Board of County Commissioners reviews and takes final action on all Class A Mobile Home Permits after a scheduled public hearing. Staff has drafted an ordinance to implement the Board's direction, which was presented to the Planning and Zoning Commission on October 20, 2011. The item was continued to the November 17, 2011 meeting to allow staff to conduct further research and, address specific concerns identified by the Commission. There were no public comments at either Commission meeting. The Planning and Zoning Commission unanimously recommended denial of the proposed ordinance based on concerns that are outlined in the attached meeting minutes. The first public hearing for the draft ordinance was advertised in the St. Lucie News Tribune on December 19, 2011. Staff is requesting additional time to meet with the individual Commissioners to discuss the concerns of the Planning and Zoning Commission. Recommendation: Board continuance of the first required public hearing to February 7, 2012 at 6 pm, or as soon thereafter as possible for Ordinance No. 11-027. Page 5of8 The roll was called: Chairman Mundt Yes Vice Chair Morgan Yes Mr. Lounds Yes The motion was carried unanimously. Mr. Reynolds Yes Ms. Townsend Yes Mr. Grande Yes Mr. Grande commented that this was not as simple as it appeared during this hearing. The concept of making this change with that wording and guiding the applicant through the process with the non-residential project is exactly what this called for. It's an incredible good. job. He sometimes criticizes but this should be pointed out that it is a pleasure to see an application like this. C. Ordinance No. 11-027-Text Amendment to the Land Development Code regarding Class `A' Mobile Home Permits. Kara Wood, planning manager gave a presentation. Ms. Wood stated that at. their July 5, 2011 meeting, staff was directed by the Board of County Commissioners (BOCC) to amend the text of the Land Development Code to administratively allow the review and issuance of Class 'A' Mobile Home Permits. The proposed Ordinance streamlines the review and issuance process and provides for adequate due process. This Ordinance was presented to the Planning and Zoning Commission on October 20, 2011 with no public comments. The item was continued to the November 17, 2011 meeting to allow staff to conduct further research and .address specific concerns identified by the Commission. The Commission also requested that staff bring this item back to the BOCC for confirmation of their initial direction, but there was not sufficient time to place this on a BOCC agenda between October 20th and November 17th The primary concern expressed appeared to be that owners of a mobile home and/or property owners may be exempt from paying ad valorem property taxes once a mobile home is placed on a parcel of land. Research with the Property Appraisers Office demonstrate that building improvements associated with the location of a Class 'A' Mobile Home on a lot are assessed as a manufactured home in addition to land value and the land owner is responsible for all total assessed taxes associated with the land, regardless of the occupancy of the mobile home structure. The attached Property Record Cards from County Appraiser Office for two recently .approved Class 'A' Mobile Homes identify the ad valorem property tax.. Land on which mobile homes are already a permitted use and are leased to mobile home owners are not taxed with the improvement value 'of the mobile home. Instead the mobile home owner is taxed for a registered vehicle by the Tax Collector and any accessory structures (car ports, sheds, and the like) are taxed as personal property separate from ad valorem tax. These situations however do not require permitting through the Class 'A' Mobile Home process and as such are not the subject of the proposed amendment. Another concern with the proposed amendment is that it eliminates the public hearing and notification process prior to the issuance of a Class 'A' Mobile Home Permit, and requires appeals to be processed by the Board of Adjustment. By way of background on the extent of these public, hearings, over the past 10 years, the Planning and Development Services Department has processed 20 Class 'A' Mobile Home Permits. As noted in the table below, a majority of these permits were approved on agricultural zoned properties that had little or no impact to surrounding uses, Three permits were denied by the Board of County Planning and Zoning Commission November 17, 2011 Minutes DRAFT Page 6 of 8 Commissioners as they were deemed incompatible with the surrounding neighborhood character. A third concern expressed by the Commission is that this change would lead to an increased number of mobile homes being permitted in the County over time. To provide some background information regarding the trends of residential building types, staff has assembled some permitting data for consideration. Following is a comparison between new mobile homes being located on parcels where they are a permitted use versus the number of single family homes constructed on such sites. While hundreds mobile homes were permitted during the building boom years of 2004-2005, in more recent years the housing market is trending toward the construction of more single family homes in mobile home parks. Lastly, the Commission inquired about the placement of a mobile home on a residential property while a single family home is under construction. Section 8.02.02(F) of the Land Development Code (LDC), Particular Temporary Uses Permitted, allows mobile homes as a temporary shelter incidental to construction of a residence in all residential and agricultural zoning districts. Prior to occupancy of such mobile home, permits for the principal residence shall be required. Occupancy of the mobile home shall be restricted to that period of time during which construction is taking place in accordance with the a valid building permit. In no case shall occupancy exceed one year regardless of state of construction, with the exception one permissible six month extension. It should also be noted that Section 7.10.05, Mobile Homes and Accessory Uses, allows mobile homes as accessory uses to productive agricultural operations having a minimum of five acres in the AR-1, AG-1, AG-2.5 and AG-5 zoning districts. The Planning and Development Services Director has the authority to issue these permits provided that the mobile home is owned or leased by the property owner. Ms. Wood stated staff is requesting the input from the commission on the suggested alternative process to administratively approve the Class `A' Mobile Home in the Agricultural Zoning districts but maintain the current process for residential zoning districts and that consideration aside it is being recommended that Ordinance 11-027 be approved. Mr. Grande discussed mobile home parks where a Class 'A' mobile home permit is not required. Also the agricultural versus non-agricultural areas; he would support it but would like to see the exemption be in agricultural areas outside the urban service boundary. Mr. Lounds asked about the elimination of the public hearing and notification process prior the issues of Class 'A' permit; is staff in favor of eliminating this? Ms. Wood stated the direction from the BOCC was to change the process to administratively approve the Class 'A' Mobile Home permit; administrative approval does not have public hearings. Embedded in the nature of the BOCC's direction was the shift of the burden from the applicant to the surrounding property owners because the way the ordinance is currently drafted, instead of a public notice prior to the approval there is an appeal process from concerned property owners. Staff could not figure out a way to appropriately provide public notice prior to administrative decisions, it contravenes the point of administrative decisions. The alternative approach was provided to administratively approve mobile homes in agricultural districts where there is little impact on surrounding neighborhoods. Mr. Lounds asked by eliminating the public hearing process are the neighbors being deprived the opportunity to voice opinions. Planning and Zoning Commission November 17, 2011 Minutes DRAFT Page 7 of 8 Ms. Wood stated there is an opportunity for a public hearing but it does not occur prior to the decision. Mr. Satterlee clarified that the Land Development Code states that when an appeal is filed, it stays all action. The appeal goes to the Board of Adjustment. Mr. Culverhouse agreed with Mr. Lounds and Mr. Grande regarding the public hearing process. There was a thorough discussion amongst the commission of a concern of eliminating the surrounding landowners the opportunity prior to an approval to voice their opinion be it pro or con. Mr. Sanders suggested that through the process if there are no objections then it can be an administrative action. Send notification to the adjacent landowners; give them 10 days to object. If there are no objections then it's an administrative approval,,if there are objections then carry it forward to a public hearing process. It provides the simplicity the BOCC is asking for and preserves some of the landowners' rights to object prior to final agency action making an approval. Mr. Culverhouse stated if that approach is followed, it is recommended to make it a 14 day period instead of 10 day and by mail the postmark is on the envelope. Chairman Mundt stated the commission would be more comfortable if there was a prior notification to an approval that gives the surrounding landowners an opportunity to voice objections. An ordinary citizen going before the Board of Adjustment is going to need professional help plus the fee of the Board of Adjustment of $850. If the citizen wishes to go beyond that the appeal goes to the 19th judicial circuit court. This agenda item was a directive from the BOCC. It should be moved on to the BOCC with very strong concerns about the notification process. Mr. Satterlee stated Mr. Sanders' suggestion is a good one; addressing the commission's concern that the public hearing process be modified not abandoned. Chairman Mundt opened the public hearing. No one spoke. Chairman Mundt closed the public hearing. Mr. Grande stated this was a case where a process is trying to be streamlined that does not need to be streamlined. There is not a volume of applications that make this an onerous process. This came to the commission quickly and was not well thought out by the BOCC. In a quick decision, the BOCC said this was so simple that it should not have come to the Board; it should have gone through an administrative process. This has possibly been asked of the P & Z Commission in error and should be sent through with a recommendation to not approve even with the suggested modifications. There is no reason in any case, to ask the neighbors to hire a lawyer or send them through the Board of Adjustment and circuit court as opposed to a public hearing. Chairman Mundt asked Mr. Satterlee what was the BOCC's reasoning for this. Mr. Satterlee stated when the application came to the BOCC, the applicant wanted to put a mobile home on a piece of property in the AG-5 district. The BOCC felt that .the process that Planning and Zoning Commission November 17, 2011 Minutes DRAFT Page 8 of 8 353 the applicant had to go through was onerous and asked the planning division to look at 354 amending the Land Development Code. 355 356 Ms. Townsend stated the applicant wanted to save money to build a house so they put a 357 mobile home on the property. They will probably be staying there about 2 years before 358 starting construction of the house. They are going through the permitting process because it 359 is more than a year. They live in an area where there are no neighbors. 360 361 Mr. Lounds stated after considering the testimony presented during the public 362 - hearing, including staff comments and the standards of review as set forth in Section 363 11.09.03, St. Lucie County land Development Code, I hereby move that the Planning 364 and Zoning Commission recommend that the St. Lucie County Board of County 365 Commissioners deny Ordinance No. 11-027, Text Amendment to Sections 11.05.02, 366 12.00.00 and 12.08.00, because of the concerns that have been voiced from this 367 commission over the elimination of the public hearings and notifications for the AR-1, 368 AGA, AG-2.5 and AG-5 clause. 369 370 Mr. Culverhouse seconded to motion. 371 372 The roll was called: 373 Chairman Mundt Yes Mr. Reynolds Yes 374 Vice Chair Morgan Yes Ms. Townsend (Recused) 375 Mr. Lounds Yes Mr. Grande Yes 376 Mr. Culverhouse Yes 377 378 The motion was carried unanimously to deny. 379 380 Chairman Mundt stated it will be forwarded to the BOCC with a recommendation to 381 deny. 382 383 IV. OTHER BUSINESS 384 Mr. Satterlee stated he had none. 385 386 Mr. Mundt asked for a motion to cancel the Planning & Zoning meeting for December. 387 388 Mr. Lounds motioned to cancel the December Planning & Zoning meeting. 389 Mr. Reynolds seconded the motion. 390 391 Chairman Mundt stated he has served two terms at -large, and three terms as chair of the 392 Planning & Zoning Commission. It has been his pleasure to serve with the members and 393 thank Mr. Satterlee and staff for their support. 394 395 Vice Chair Morgan stated Mr. Mundt has been a phenomenal chairman on this commission 396 and it has been a pleasure to serve with him. All members of the Planning & Zoning 397 Commission agreed. 398 399 V. ADJOURN 400 401 There being no further business, the meeting adjourned at 7:03pm. Planning and Zoning Commission November 17, 2011 Minutes DRAFT Page 2 of 7 51 III. PUBLIC HEARINGS A. Ordinance No. 11-027-Text Amendment to the Land Development Code (LDC) regarding Class 'A' Mobile home permits. 55 Jeff Johnson, senior planner stated agenda item 3-A is a public hearing and was advertised 56 in the St. Lucie News Tribune on October 6, 2011. As of this date, staff has received no 57 written comments in opposition to this request. A copy of the ad.can be found in the agenda 58 packet, During the public hearing portion of the July 5, 201 U-136- rd of County Commission 59 meeting, the Board directed staff to amend the text of the tdnd Djvalopment Code (LDC) to 60 administratively allow the review and issuance of ClaafW :Mobile Home permits. This 61 direction was initiated when a resident applied for and was granffita Class 'A' Mobile Home 62 permit by the Board. - 63, 64 Currently, Class 'A' Mobile Home permits,.A& Adviewed bye Craelopment Review 65 Committee (DRC) in accordance with ,�f±re sl4 dards of review_ ouffthed in Section 66 11.05.02(D) and are allowed in all agZ66-ultund and residential zon rOg diftcts with the 67 granting of a Class 'A' Mobile Home piarmit. "These aesihetic stanclard-badefidirthe mobile 68 home as a single family home to assure compatibii(x 'Kh t1b,surrounding built"environment. 69 Following the review, the DRC provides w'Ereco"I�iimejation to the Board of County 70 Commissioners for final action-MAhe petition aftl�rxa schifduled public hearing. 71 - 72 The proposed changes ami d tl1y;,exi9%..q process outlined"in..the LDC as follows: 73 74 Requires that the appliiat&io su!5'_mltted to the.�Plgr ping and Development 75 Services Director as oppk%p eta the.PublOWN-orks Director; 76 77 Elim iff7 es be site plan subrfirttal i pr V oOsl required and instead requires a 78 ree'drdef deed'-bnd ffbundary s veylb identify existing conditions on the subject 79 property,=which i� necessary for'build1149 permit purposes; 80 81 ���,-[Nodifieahe rnriiirnuri roof pfh requi`rernent as a standard of review due to the fact 82 -'` iYB LDC does not°iequire-a.,mini um roof pitch for single family homes, and 83 _ 84 • r _Ahorizthewfffanningnand Development Services Director to issue Class 'A' 85 M-0bile Horiie perrrift administratively. -w 86 87 I r, Louhds askei.'d about determining the purpose of the exterior finish. 88 89 Mr. Johnson%~ it-! a criterion that would be reviewed to make sure that it is aesthetically 90 compat l_e. witN'theaitkounding environment. 91 92 Mr. Lounds`fed a lot of the pre -fabricated homes that are double-wides and put together 93 on a foundation have a multitude of exteriors from sidings of different types and such. Is the 94 criterion spelled out of what this will be? Mr. Johnson stated no it is not, it is a compatibility issue that would be reviewed; like an architectural review of the dwelling unit to ensure compatibility. Planning and Zoning Commission October 20, 2011 Minutes DRAFT - Page 3 of 7 Mr. Lounds understood the need for that but in an agricultural area west of town where there are five acre lots; if the aesthetics of the mobile home has a wooded finish look to it, that may not appeal to one that would be placed closer to Kings Highway for example on a five acre lot. Is that discretion left up to staff as to whether it fits, how it looks and such? Mr. Johnson stated that was correct. Mr. Grande addressed the comment by stating he believes the agricultural areas west of town are excluded from that requirement. He stated it says A 1�AG 2.5, AG-5 and asked staff were they excluded. Ms. Wood stated for clarification Mr. Grande was reading .frorff section 11.05.02; on page five of the ordinance under the Standards of Review ub f1`.Jjrst p graph under "sub V is number 1 stating minimum width of main body tJ- h Nre `r�o, chah-ps proposed to this paragraph in the proposed ordinance. But the t<�"Rm', um wide req iremerti does not apply to sites in the listed zoning districts which in- ude R1, Agricultuig6l, Agc! ultural-2.5 and Agricultural 5. Mr. Culverhouse asked if there were °any revigws�of�'obile homes-�d in those agricultural areas. Zlm Mr. Johnson stated yes, the-06n-f Thing criteria woad bdi- %Viewed but there is no minimum horizontal dimension requ r9in in t er agricuftur zoniridistricts. But they would be required to meet the Standards 8M-AeuieWAIrXted in D 2,-%�, 4 dkpage 5. Mr. Culverhouse stated his conGBrns;:od e:abouf"- tandardF-''delineated so that people that lie° homes od thel7e..will�i are putting thejrWWbhdersiihd; what they have to do and minimize the discretion iiatHstaff has`. e Mr. Louraj stafed undeC��.prc�vision D1, 4it.. ha ,to be 20 feet wide so it's two 10 foot pieces joined togeff gr; witl --exce ti n::io<the agriic tural, area, they could use a 12-14 foot width. ;MF­ 61Tnson statt�d,yes M Gr nde st'Sted assuming V4 whic'is the 20 foot minimum at the narrowest spot; we are a,,talkingt-abo4- obile%=es o.r trailers but manufactured housing which would also fall and°er the 66L-pitcK%ateg('5 !F - kWo :state6he�elieved that these types of mobile homes, Class 'A' mobile homes in par%eular, "fhe difinitigns derived from HUD based definitions. Staff is acting on Board directiop: to cFrange die process; the Standards of Review are not changed much. The roof pitch regFa rementr as not ensuring neighborhood compatibility anyway. There were more leniencies tb- b— L had in that area but staff was conservative in not amending the requirements r the other items listed. If this commission feels like those requirements should be more lenient, staff welcomes the suggestion. Mobile homes are not manufactured homes; in manufactured homes there are different ways that a home could be pre - assembled for construction and that is not what this is covering. This is covering HUD - based mobile home definitions. Mr. Grande disagreed with Ms. Wood stating if it comes into town on a trailer and they put them together as pre -manufactured housing; it is fairly clear in the HUD and State Planning and Zoning Commission October 20, 2011 Minutes DRAFT Page 4 of 7 regulations that if they leave the towing hitch on, they get classified as Class 'A' mobile homes not as permanent structures. If advantage is taken of the rental property versus fee - based owned property, what we wind up with is many houses that because of that strange quirk in the law don't pay ad valorem taxes and the rest of us make up for it. This ordinance eliminates the need for public hearings and notices to neighbors. Mr. Culverhouse had concerns regarding constitutional homestead protection and subjective issues. He asked is the definition of mobile home coming froth the State or is it a county definition. And has the State pre -emptied the field in regard toidefining what a mobile home is or whether the county could define it so as to recapture tl=ad valorem taxes the folks are not paying. Ms. Young, assistant county attorney stated the definition,-ffii, he Lail Development Code is based on the Federal definition under HUD thaws ri%affitid-m-and tote State's definition in Chapter 320. We have to rely on those defiir ffc Sak .under feer�l law;= we cannot prohibit mobile homes from being considered housin;?=" Re.d ing the tax slue, t is governed by Florida Department of Revenue, whetherzt by uilw it as a mobile hod orate. residence, a structure or improvement to the propert�i ar a Ator vehiale.. That gets r►to thewnwnership of the property; whether the wheels have.beer-1,,1 mou ,d. om` a home. It is t1 smething that the Board has the authority. They determine wh6N, r thf Class 'A' mobile home can be placed in a residential district itwLuding the agr Rural des and be considered a residential structure: Mr. Reynolds asked Mr. Sanders; t!e Sc1raq1..Board reprgsenta1ye the difference between a portable and hybrid classrooms Mr. Sanders sted'fff&is not 01:at�of;,diff..e.Pance; ty:,are factory built modular buildings. They are buil To ,&.:stands that thet_JDep�"rftm nt« ,Co`inmunity Affairs issues a decal that says they�,,are .b'u lt;io:-.manufactured--�hemes7 tand9fds instead of a local building permit. They are troth built to a lorlaa buildin ncodg-�standard but the difference is the inspections are done at=th.e fact"i g o&y,-- n7official one ,Ate„ Mr ",Reynglds asked if wh6,6WAdya tongue can be put on them to move. we Mtn S' liders §tAted gelerally "t:K a`ra�not designed in that manner; they are designed to be p1gt,, on a ttfailer—no differen0f w a house was being moved. They are built with the undrstandRO�that7bey are,goig`to be carried from a factory to a site. IIrµ„ReynI,ds asked sff if there was a way to do a time frame of constructing a home and waftNo livez-on We property while it's being built. Is there a way to do that without paying twice?, Mr. Johnso� that is done through the building permit process. Mr. Lounds stated a mobile home arrives with a steel frame with steel gurters underneath to support the floor and axles. A manufactured home has a wooden floor joist system that is put on a permanent slab effect. In this ordinance, are we talking the manufactured home with a floor -joist system or the type with the steel gurter for floor support. Ms. Wood stated that was her understanding of the difference, they are in some way pre- fabricated. Staff can go back and verify that. On emphasis, staff was taking direction from Planning and Zoning Commission October 20, 2011 Minutes .... DRAFT Page 5 of 7 201 the Board of County Commission in changing a process. There was no research done on 202 the taxation issue; but would summarize that for the P &Z Board's consideration when this is 203 looked at again. 204 205 Vice Chair Morgan opened the public hearing. 206 No one spoke. 207 Vice Chair Morgan closed the public hearing. 208 209 Mr. Lounds stated that Mr. Grande brought up a lot of goodopj ibis and he thinks what this 210 commission gives to staff and to the Board of County Comu'i'igsic i rs a Board of review with 211 questions. We do give the opportunity for public hearings for VrS"�Ighbors with concerns; we 212 give the applicant an opportunity to review their specifj.s that come before it, we then review 213 what they are offering (type of mobile home). HeawouldFlean taw-ard having a review of 214 some of the applicants that come before this co imis>aEQn to � able to give advice to the 215 BOCC, not that they ever take it but at least it. her;%,and it is 65d,of tldauecord. There is a 216 great deal of goodness that comes from th'ss cpmission to staffthat dues them some 217 range, thought and latitude as to what theyran„pAsent to the BOCC.'"= _ 218a 219 Mr. Grande stated in makes sense to hurt excett fore part about reviewing the gurters 220 versus floor support because as far as classificati6 wei�don't get to do that. They meet 221 HUD standards or they don't. 222 223 Mr. Lounds stated that if it dees.n.ot ff9bt:C1ass'A' if wh5iOMdifferent ballgame. 224 _ 225 Mr. Grande stated that as it is ii dtf k ffEucanffi% upport it -because as it was brought forward 226 the ramifications we,_e-.not considbrAL Rather thin4eject it, a would rather table it and ask 227 staff to go bacl hd-6pgak to th ca;,miS.S1D ers "a `- ask if the read want to bring it �� �> � �. �.n Y Y g 228 forward or n9f--I�t_Wy die Lthout chi Ling ' us4arrdaer r massing the commission. 229 ., 230 Mr. Louristated. he daes riot have a7o-robl r�r with a lot of the reasons for this. But there 231 are some spgges Rit.stO nj-e is o come bade -and answer questions. 232 233 Mr egiscstatecl`tris is"ju f stre lining ,he process as we have heard many times. What is 234 'the process througi r staff MAhis d s Fthrough; what is that process going to look like in 235 rt kmg--- ure ffl-4-twe Il on thts`ahingsthat the board has discussed here. 236 237 Mr. Johnso pjate&Mr. G4tde-�diailed it' perfectly. What we are doing is deleting the public 238 � hearii'g the rfotifica-ton and9t gives the discretion and the power to the Planning and 239 f%-velop-h@pt S&-'. icekdirector to review the standards of review and we will be taking a very 240 cloy%-Jpok`%enya--petifjon comes in to make sure they comply with that and issue the permit 241 itself. %nce Chi='perrfft is issued we will do a notification to the property owners and if they 242 wish to appeal it„cjffi be done through the Board of Adjustment. If there is an appeal, staff 243 will processRitjthe Board of Adjustment decision is final and that decision can be appealed 244 through the ciMuit court. 245 246 Mr. Culverhouse stated he thinks the notification of the neighbors should stay in because 247 having to appeal a decision that has been made by staff through the Board of Adjustment is 248 an unnecessary expense. People don't have the money to fight something that city 249 hall/county hall has already done. It is not right. The input should be made at the beginning 250 and they won't have it if it's an administrative process. 251 Planning and Zoning Commission October 20, 2011 Minutes DRAFT Page 6 of 7 Mr. Grande stated he agreed and adding to Mr. Culverhouse's statement, the appeal should be heard by elected officials and Board of Adjustment members are not elected officials. There is little recourse at the Board of Adjustment level. Mr. Culverhouse stated notification should be given to the neighbors so they have a chance. County and city government is the closest government to the people. This ordinance, even though it did not intend to, is removing that and is making the people spend a lot of money to try to reverse an administrative decision that they did not have any input on. It's not broke so don't fix it. Mrs. Morgan stated that she was confused; she though`wasjust changing from going to the Board of County Commissioners to. going to the.FPl"anning=and Development Services director. It seems too much is being read into this thit wggftq be :M_ mple text change. She is perplexed by the whole ordeal of this discussion , - Mr. Lounds asked would it be suggestive if s10 retu Fis to this comm_iasior ID -November with recommendations of a review process for ,J,his p-o mission's review 9&AherAue-process for the applicant and the public and inforiatiortegardingythe taxation pofn. Mrs. Morgan stated this whole text amendniFnt..cam��abQu,t"ecause a couplewanted to put a mobile home on their properky�.,temporarily while the y.wt hilt their single family home on the property. This was like a oneRtlmdr4hing for them 5,pom&Wore the commissioners. Ms. Wood stated it was aiFd;:,this_Ty-p _p of permit had not been processed in a number of yea?& As:eit wa Obgbt to the `MQGCC', it was questioned why they had to look at this sort of thing; it Lei s like n mina�rAbing fo��tne BOCC to review. Mr. Culverhoue�stated ithe intenfi"r`n fio iowpeopie to live in a mobile home while a single fam„fly�h6f e s -being constructed; wt lat could be added to the ordinance as an exception _so it"*w1«uld ~nQt have to go `VeforeLthe BOCC. But it would not open the flood gates to alldiN peo l to .0t<1.ut ,,Spaying tbpirJJ&ir share of taxes. .M9:, Vop4 stater` 4bat cou:fdl be�-added ':;,,,,once again that was what the BOCC directed staff � o do, This'��uuplei at al3 ed wagusi it as temporary housing; the direction of the BOCC v a1`Tto changnb@ procetss ifflbe ordinance. Mr: S.atterl t a t e--d_anothe;E,.@J ernative might be to instead of making the appeal to the Boardrof Adjustment; Yrnake the`appeal to the BOCC. Mr 93ran&iistat& th t still means that the neighbors don't get noticed and no elected officials=are im;�ri thcquestion when they should be. Mr. Satterlee;.stated it would allow if someone had an issue with it, they could take to the BOCC; if themwas no issue then the process would be successfully streamlined. In the case of the one house, there were no homes nearby and it seemed an excessive amount of process for that particular circumstance. Mr. Culverhouse stated the notice to neighbors should be done at the beginning. Mr, Satteriee stated the process appears to be unnecessarily burdensome in most cases, that in the case where there need to be, it would be an alternative. Planning and Zoning Commission October 20, 2011 Minutes lUT Page 7 of 7 - _ 303 304 Mr. Grande asked Mr. Satterlee how many of these cases have we had since you've been 305 here? He thought this was a one timer, 306 307 Mr. Safterlee stated this is the one. 308 309 Mr. Grande stated that this is not a burdensome situation in most cases. We don't have 310 cases. One time this came forward in your tenure with the county and it was somewhat 311 onerous for that specific application and maybe we can fix the But this strikes as not the 312 way to fix that and to start putting band aids on this by making the�-`ppeal in a different place 313 but still not doing the public notification. 314 315 He moved to table this until the next scheduled meeti:&g Qak:psk sib to take the points that 316 have come up during this meeting back to the B4. QC aT%eF,�#;they' nt to send this back 317 to the P&Z commission or send it back modifiedror Withdraw it corrtpjetelyn K 318 319 Ms. Young suggested, rather than tabling,,4A4at itee"continued. If it is Ytd'b.led, t":1,uill need to be 320 re -advertised. 321 322 Mr. Grande made a motion for this ordinaii o toWii a Cofitinuance as recommended to 323 the date certain of Novembe :1,7, 2011; ask&d staffA5 take the points that have come 324 up during this meeting bacIff61he lBOCC and s0 if t ky want to send this back to the 325 P&Z commission or send- b4gJj t- ,modified drwith�'r�raw, it completely. 326 327 Mr. Culverhouse seconded thb rr��ti6h. Th-F`-,�otion WE%gprried unanimously. 328 - 329 330 IV. OTHER BUSI TESS.- - 331 Mr. Satterlee stated he had none. 332 Mr. Lounds stated he did not want to hamper someone from wanting to put a temporary 333 permit on a piece of ground so they can build their house. But he does not want it to be 334 there 5 years from now. Once the house is built, that temporary has to go. 335 Mr. Satterlee stated if someone is going to the expense of a Class 'A' mobile home which is 336 not inconsiderable, that may be different than someone wanting to come with a lesser mobile 337 _home as a temporary residence, But it is something that could be looked into. 338 Mr. Culverhouse hoped staff did not interpret his remarks as they are not always careful and 339 not meticulous, because staff is. He has always found Mr. Satterlee to be extremely 340 competent and of great integrity. And he has the greatest respect for Ms. Wood. 341 Mr. Satterlee stated someone once told him to trust but verify and be vigilant. 342 V. ADJOURN 343 344 There being no further business, the meeting adjourned at 6:57pm. Planning and Zoning Commission October 20, 2011 Minutes Y meteorological towers as permitted temporary structures in the AG-b (Agnculturai-5) zoning aisinct. Com. Hutchinson addressed the landscaping requirement for a structure that would be constructed for a short term and in the middle of a pasture. The FPL Attorney addressed the Board's questions on the wind data analysis that will be performed. No action required at this time. The second public hearing is scheduled for August 2, 2011 at 6:00 p.m. or as soon thereafter as it may be heard. B. COUNTY ATTORNEY Ordinance No. 11=022 — Amending Procedure for Establishing the Grove Street Lighting District Funding Methodology Consider staff recommendation to adopt proposed Ordinance No.11-022, as drafted. It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve Ordinance No. 11.022, and; upon roll call, motion carried unanimously. C. COUNTY ATTORNEY Ordinance No. 11-023 — Amending Procedure for Establishing Sunland Gardens Street Lighting District funding Methodology Consider staff recommendation to adopt proposed Ordinance No. 11-023, as drafted, It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve Ordinance No. 11.023, and; upon roll call, motion carried unanimously. D. PLANNING & DEVELOPMENT SERVICES Class A Mobile Home Permit Request -Aimee Cablish and Eric Townsend Consider staff recommendation to approve adoption of Resolution No. 11-012 approving the petition of Aimee Cablish and Eric Townsend for a Class A Mobile Home Permit as outlined in the agenda ,memorandum. ' t Ms. Cablish, petitioner, addressed the Board questions and indicated the required fees are high and the mobile home was to be placed on the property temporarily until they were able to build their house. She asked for the Board's assistance. Com. Mowery recommended the Board consider waiving the fee with the exception of the advertising costs. He expressed his concerns with. the high fees imposed for a review. Com. Craft directed staff to bring an amendment to the Ordinance before the Board so that these issues could be handled administratively rather than coming to the Board. It was moved by Com. Mowery, seconded by Com. Dzadovsky, to adopt Resolution No. 11- 012 and to waive the permit fee with the exception of the advertising costs, and; upon roll call, motion carried unanimously. Ell TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Planning and Development Services Department —Planning Division ITEM NO. VII-B DATE: 01/03/12 REGULAR ( ) PUBLIC HEARING W LEG. W QUASI -JD ( ) CONSENT ( ) PRESENTED BY: Kristin Tetswort Senior Planner Land Development Code Text Amendment — Commercial, Neighborhood Zoning See attached memorandum. N/A November 17, 2011-Planning and Zoning Commission voted 6-0 to forward a recommendation of approval to the Board of County Commissioners RECOMMENDATION: Board approval offirst reading of Ordinance 12-004 (fka 11-035) granting a text amendment to the Land Development Code to add "Auto supplies (5531)" under "Retail trade" as a conditional use in the Commercial, Neighborhood (CN) Zoning District and scheduling of the second required public hearing on February 7, 2012 at 6:00 pm, or as soon thereafter as the item may be heard. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator COORDINATION/SIGNATURES County Y ( X Attorney �✓� County Surveyor ( ) ) Daniel S. McIntyre Ron Harris County Engineer ( ) ERD ( ) Michael Powley Karen Smith Originating Dept. (X) OMB ( ) Mark atterlee Marie Gouin Purchasing ( ) Melissa Simberlund Planning and Development Services Department . Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Direawvv Kara Wood, Planning Manager iWXh► FROM: Kristin Tetsworth, Senior Planner U/ DATE: January 3, 2012 SUBJECT: Land Development Code Text Amendment — Commercial, Neighborhood Zoning ITEM NO. VII-B BACKGROUND: This proposed text amendment is sponsored by AutoZone Stores Incorporated to add the phrase "Auto supplies (5531)" under the list of Retail Trades as a conditional use in the CN (Commercial Neighborhood) Zoning District. Pursuant to section 11.06.02 of the Land Development Code, a text amendment can be proposed by any interested party. The conditional use process provides for staff review through the Development Review Committee (DRC) and public hearings before the Planning and Zoning Commission and the Board of County Commissioners. Conditions of approval specific to the unique on -site constraints can be applied on a case -by -case basis regarding hours of operation, landscaping, signage and the like. Furthermore, with the requirement for neighborhood meetings and at least two advertised and noticed public hearings, the adjacent property owners are provided an opportunity to be involved in the decision -making process. This allays potential concerns of the surrounding community and ultimately results in a more harmonious development pattern. On November 17, 2011, the Planning and Zoning Commission voted 6-0 to forward a recommendation of approval to the Board of County Commissioners to adopt Ordinance 12-004 (fka 11-035) granting the text amendment. RECOMMENDATION: Board approval of the first reading of Ordinance 12-004 (fka 11-035) granting a text amendment to the Land Development Code to add "Auto supplies (5531)" under "Retail trade" as a conditional use in the Commercial, Neighborhood (CN) Zoning District and scheduling of the second required public hearing on February 7, 2012 at 6:00 pm, or as soon thereafter as the item may be heard. 1 2 3 4 5 6 7 8 9 10 11 12 13 ORDINANCE NO. 12-004 (fka 11-035) Text Amendment to the Land Development Code TLDC-62011 4296 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE CHAPTER 3.01.03, ZONING DISTRICT REGULATIONS, TO ADD AUTO SUPPLIES (SIC 5631) AS A CONDITIONAL USE UNDER RETAIL TRADE IN THE CN (COMMERCIAL NEIGHBORHOOD) ZONING DISTRICT; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; 'PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners has made the following determinations: 1. This Board is authorized by Section 125.01(1)(h), Florida Statutes to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 2. This Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law. 3.On August 1, 1990 the Board of County Commissioners of St. Lucie County Florida adopted the.St. Lucie County Land Development Code. 4. 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 91-21 - November 7, 1991 93-01 - February 16, 1993 93-05 - May 25, 1993 93-07 - May 25, 1993 94-18 - August 16, 1994 95-01 -January 10, 1995 97-01 - March 4, 1997 97-03 - September 2, 1997 99-02 - April 6, 1999 99-04 - August 17, 1999 99-15 - July 20, 1999 99-17 - September 7, 1999 00-10 - June 13, 2000 00-12 June 13, 2000 01-03 - December 18, 2001 02-09 - March 5, 2002 91-09 - May 14, 1991 92-17 - June 2, 1992 93-03 - February 16, 1993 93-06 - May 25, 1993 94-07 - June 22, 1994 94-21 - August 16, 1994 96-10 - August 6, 1996 97-09 -October 7, 1997 99-01- February 2, 1999 99-03 - August 17, 1999 99-05 - July 20, 1999 99-16- July 20, 1999 99-18 - November 2, 1999 00-11 - June 13, 2000 00-13 - June 13, 2000 02-05 - June 24, 2002 02-20 - October 15, 2002 02-29 -October 15, 2002 03-05 - October 7, 2003 04-02 -January 20, 2004 04-07- April 20, 2004 04-33 - December 7, 2005 05-01- March 15, 2005 05-03- August 2, 2005 05-04- August 2, 2005 05-07 -January 18, 2005 05-16- August 16, 2005 05-23- September 20, 2005 06-05- April 18, 2005 06-13- June 6, 2006 06-22- July 18, 2006 06-30- September 12, 2006 06-40- August 1, 2006 06-47- December 5, 2006 07-11- February 6, 2007 07-15- April 17, 2007 07-17- Ju . 5, 2007 07-32- November 6, 2007 07-41- • . ber 4, 2007 07-54- December 11, 2007 07-5, t t ember 20, 2007 08-04- March 11, 2008 08 .� s 17, 2008 08-12- September 9, 2008 0 - Se , er 16, 2008 09-03- January 20, 2009 s. ­12- May 9; 009 09-13- May 19, 2009 f�F-03- Februa 010 10-26- September 27, 2010 10-34- November 010 10-36- December 21, 2010 ���11-05- Feuary 1, 2r 11-15- April 19, 2011 �;, -21- st 2, 2011i�w1 5. On November 17, 2011, the Uk � IZIgly. and Zorn mmission held a public hearing on the proposed ordinance afte�{ fi ft notice i St. Lucie News Tribune at least 10 days prior to the hearing 'W d r co mended the BOCC that the proposed 01, ordinance be approved i kh �r f,.��} 6. On January :x ` , I and he[ " f ,g li aX g on the proposed ordinance, notice ch heanh =t e St LU V ews Tribune at least 10 days after publish ,.. � prior to the hea zE E�gy�A. 7. O201e d itssecond public hearing on the proposed Fe ce; ` Wbl s a not cO���uchftiearing in the St. Lucie News Tribune at 10 days ptoy theiring. ia£, 8. The r {oposed amen ent t w he St. Lucie County Land Development Code is ♦ vYS consii 'te • t ,with the ge , I purpoe , goals, objectives and standards of the St. Lucie County : Erprehensive�plan and are in the best interest of the health, safety and public welaf the cities of St. Lucie County, Florida. Ordinance No. 12-004 (fka 11-035; File No.: TLDC 62011 429E Page 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 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida! A. The specific amendment to the St. Lucie County Land Development Code to read as follows in underline format: 3.01.03. Zoning Districts Q. CN COMMERCIAL, NEIGHBORHOOD 7. Conditional Usess d. Retail trade (each building ,sk e le; B. CONFLICTING PROVISIONS Special acts of the Florida Legislature County, County Ordinances and Dour Ordinance are hereby supersede ; .. C. SEVERABILITY l ncorporated . as of St. Lucie rts thereof, in c, flict with this extent of such conflict. If any portion of this mahc s for a=1-easy } elf eclared to be unconstitutional, inoperative or voiPs� ch holds g, shall not 4t ie remair5 portions of this Ordinance. If this Ordinance or a . ovisio "thereof s be held to be inapplicable to any person, property, or circumstanalor uc , sgIN shall t affect its applicability to any other person, D. APPLICABILITY 00RDINANCE This OrdinR, hall be app i ble in t 'unincorporated area of St. Lucie County. E. FILING WITW4, E D5t'=AN•tTMENT OF STATE F • shy r<� The Clerk is hereby ... dr },d forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. F. EFFECTIVE DATE This ordinance shall take effect upon filing with the Department of State. Ordinance No. 12-004 (fka 11-035) File No.: TLDC 62011 4296 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 G. ADOPTION After motion and second, the vote on this Ordinance was as follows: Chris Dzadovsky, Chairman XXX Tod Mowery, Vice -Chair XXX Paula A. Lewis, Commissioner Frannie Hutchinson, Commissioner Chris Craft, Commissioner x PASSED AND DULY ADOPTED this. ATTEST:u ST. LUCI 2012. ( COMMIS; , FLORIDA D AS TO FORM AND County Attorney RS Ordinance No. 12-004 (fka 11-035) File No.: TLDC 62011 4296 Page 4 0-4 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA JANUARY 3, 2012 NOTICE OF TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following by ordinance: ORDINANCE NO. 12-004 (fka 11-035) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE CHAPTER 3.01.03, ZONING DISTRICT REGULATIONS, TO ADD AUTO SUPPLIES (SIC 5531) AS A CONDITIONAL USE UNDER RETAIL TRADE IN THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR CODIFICATION. APPLICANT: Auto Zone Stores, Inc. FILE NUMBER: TLDC-620114295 PURPOSE: TO ADD AUTO SUPPLIES (SIC 6631) AS A CONDITIONAL USE UNDER RETAIL TRADE IN THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT. The 1st PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, January 3. 2012 beginning at 6:00 Pm or as soon thereafter as possible. The 2"d PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, February 7, 2012 beginning at 6:00 pm or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department — Planning offices located at 2300 Virginia Avenue, Form 11-05 BOCC Display Ad- No Map kw 2"d Floor, Fort Pierce, Florida during regular business hours. Please call (772)462-2822 or TDD (772)462-1428 if you have any questions or require additional information about this petition. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings -of the Board of County Commissioners are electronically recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Board. of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time to a date - certain. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ CHRIS DZADOVSKY, CHAIRMAN PUBLISH DATE: December 24, 2011 18 pt type for heading No smaller than 2 column inches wide by 10 inches long Send Proof to: St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-2822 Fax - (772) 462-1581 Send Bill to; St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-2822 Fax - (772) 462-1581 Form 11-05 BOCC Display Ad- No Map 1 3 4 6 7 8 10 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Roger Poitras Annex, Commission Chambers, P Floor November 17, 2011 Meeting 6:00 p.m. . In the event of a conflict between these written minutes and a compact disc recording, the compact disc shall control. I. CALL TO ORDER Chairman Mundt called the meeting to order at 6:05 p.m. A.. Pledge -of Allegiance B. Roll Call Craig Mundt .................................... Chair Stephanie Morgan ............................ Vice -Chair Townsend . ... ; .....................Co ission ounds .. ................0 Mission ission ande.. ......... ............0 sion Brad C hous .... ...... .......... sion Britt Re s..... ion Marty Sa rs.. ....... .......... O MI Member . son .� Daniel Re ................. a ommi n Staff Mark ... .............,4;.-} ...... . \GI is ........ . E .. ......... .at.'.. .. . .-........�7Wn .......... Assistanty orney ..mith....#............ ►.... ....Assistanty rney Chris Lestrange................................Code Compliance Manager Kristin Tetsworth ...................................Senior Planner Beverly Austin ........................................ Recording Secretary C. Announcements None D. Disclosure Cathy Townsend recused herself from agenda item III-C Ordinance 11-027. The county attorney will prepare form 8B Memorandum of Voting Conflict to be included with the minutes of this meeting. Chairman Mundt stated he met with staff this week to review the agenda items. II. Minutes Review of the minutes from the October 20, 2011 meeting for approval. Chairman Mundt asked if there were any additions or corrections. There were none. Mrs. Townsend moved to approve the minutes. Mr. Grande seconded. The motion carried. DRAFT Page 3 of 8 The roll was called: Chairman Mundt Yes Vice Chair Morgan Yes Mr. Lounds Yes The motion was carried unanimously. Mr. Reynolds Yes Ms. Townsend Yes Mr. Grande Yes B. Ordinance No. 11.035--An ordinance amending the St. Lucie County Land Development Code Chapter 3.01.03, Zoning District Regulations, to add Auto Supplies (Standard Industrial Classification Code (SIC) 6531) as a Conditional Use under retail trade In the CN (Commercial, Neighborhood) Zoning District. Kristin Tetsworth, senior planner gave a presentation. Ms. Tetsworth stated AutoZone has submitted a request to amend the"text of the St. Lucie County Land Development Code (LDC) to include "Auto supplies (5531)" as a Conditional Use under "Retail Trade" in the Commercial, Neighborhood (CN) Zoning District. AutoZone is proposing to develop 1.2 acres of land at the corner of Prima Vista Boulevard and Airoso Boulevard for the retail sale of auto supplies. As part of this proposal the applicant has submitted a tandem application -for an Amendment to the Official Zoning Atlas to change the zoning from the Commercial Office (CO) and Residential Single Family (RS-4) Zoning Districts to the Planned Non -Residential Development (PNRD) Zoning District, with Preliminary and Final Site Plan approval, for a retail sales establishment known as AutoZone. The Future Land Use on approximately 54% of the site is Commercial (COM) under which all Commercial. General (CG) .uses are permitted, including the retail sale of auto supplies. The remaining 46% of the site has a Future Land Use designation of Residential Urban (RU) under which Commercial Neighborhood (CN) uses are permitted. Therefore, the initial determination by the Planning Division is that a Text Amendment to the Land Development Code (LDC) to add the retail sale of auto supplies to the CN zoning district would be required for the complete development of the site. It was recommended that the use be listed as conditional to ensure compatibility with surrounding residential properties. Then the Conditional Use application can be processed to permit the retail sale of auto supplies in this project as a part of the PNRD approval. Historically, the LDC included the retail sale of auto supplies in the CN Zoning District prior to 1999. Another establishment known as Advanced Auto is also located on Prima Vista Boulevard. it was previously approved under Resolution 94-125 in accordance with the prior LDC language which listed the retail sales of auto supplies and related specialty installation services as a permitted use. It was not until June 20, 1999 when the Board of County Commissioners (BOCC) adopted Ordinance 99-015 that the retail sales of auto supplies was removed from the permitted use list, along with a number of other use amendments to the CN and CG Zoning Districts. Pursuant to Section 3.01.02 Administrative Use Regulations ror Permiffea ana Uona►rronar uses. Whenever a use is not specifically listed in Sections 3.01, 03. (A) through 3.01.03. (DD) the Community Development Director shall make a determination as to whether the proposed use is of the same general type as identified in the Standard Industrial Classification Manual (1987 ed.), prepared by the Executive Office of the President, Office of Management and Budget. However, this section does not authorize including a use in a zoning district in which such use is not listed when such use is specifically listed in another zoning district. - Planning and Zoning Commission November 17, 2011 Minutes DRAFT Page 4 of 8 When Ordinance 99-015 was adopted by the BOCC removing retail sales of "auto supplies and related specialty installation services", it did not include adding that specific use to any other zoning classification as either a permitted use nor a conditional use. The use is considered a permitted use in the Commercial General (CG) Zoning District under "Automobile dealers (55)". The applicant's proposed text amendment is to add the phrase "Auto supplies (5531)" under the list of Retail trade conditional uses, not including "related specialty installation services" as those operations are more likely to be incompatible with nearby residents. The conditional use process provides for staff review through the Development Review Committee (DRC) and public hearings before the Planning and Zoning Commission and the Board of County Commissioners. Conditions of approval specific to the unique on -site constraints can be .applied on a case -by -case basis. Furthermore, with the requirement for neighborhood meetings and at least two advertised and noticed public hearings, the adjacent property owners are provided. an opportunity to be involved in the decision - making process. This allays potential concerns of the surrounding community and ultimately results in a more harmonious development pattern. Staff recommends the Planning & Zoning Commission forward a recommendation of approval to the Board of County Commissioners to adopt Ordinance 11-035 granting a text amendment to the Land Development Code to add "Auto supplies (5531)" under "Retail trade" as a conditional use in the Commercial, Neighborhood (CN) Zoning District. Also to insert the language that each building shall be less than 6,000 square feet of gross floor area, all uses inclusive. Ms. Morgan questioned page four which states ... less than 6,000 square feet then page two of two on supplement seven states the applicant is interested in constructing a 7,381 square foot auto parts store. Ms. Tetsworth stated this was sponsored by the applicant with one development application where all the information was included with regard to the proposed project. Because over half of the site will be in commercial general, it would not be a problem because the side of the property that will have the CN zoning would be smaller. It would not exceed the 6,000 square foot limit. Chairman Mundt opened the public hearing. No one spoke. Chairman Mundt closed the public hearing. Mr. Grande stated that after considering the testimony present during the public hearing including staff comments, and the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code, I hereby move that the Planning & Development Commission recommend that the St. Lucie County Board of County Commissioners grant approval of the request of AutoZone to amend the text of the St. Lucie County Land Development Code (LDC) to include "Auto Supplies (5531), under "Retail Trade" as a conditional use in the Commercial, Neighborhood (CN) Zoning District and to Insert the language presented by staff because it will help develop business in the county without infringing on any of the rights of the residential neighbors. Mr. Reynolds seconded -the motion. Planning and Zoning Commission November 17, 2011 Minutes DRAFT Page 5 of 8 The roll was called: Chairman Mundt Yes Vice Chair Morgan Yes Mr. Lounds Yes The motion was carried unanimously. Mr. Reynolds Yes Ms. Townsend Yes Mr. Grande Yes Mr. Grande commented that this was not as simple as it appeared during this hearing. The concept of making this change with that wording and guiding the applicant through the process with the non-residential project is exactly what this called for. It's an incredible good. job. He sometimes criticizes but this should be pointed out that it is a pleasure to see an application like this. C. Ordinance No. 11-027 Text Amendment to the Land Development Code regarding Class `A' Mobile Home Permits. Kara Wood, planning manager gave a presentation. Ms. Wood stated that at their July 5, 2011 meeting, staff was directed by the Board of County Commissioners (BOCC) to amend the text of the Land Development Code to administratively allow the review and issuance of Class 'A' Mobile Home Permits. The proposed Ordinance streamlines the review and issuance process and provides for adequate due process. This Ordinance was presented to the . Planning and Zoning Commission on October 20, 2011 with no public comments. The item was continued to the November 17, 2011 meeting to allow staff to conduct further research and address specific concerns identified by the Commission. The Commission also requested that staff bring this item back to the BOCC for confirmation of their initial direction, but there was not sufficient time to place this on a BOCC agenda between October 2dh and November 17i" The primary concern expressed appeared to be that owners of a mobile home and/or property owners may be exempt from paying ad valorem property taxes once a mobile home is placed on a parcel of land. Research with the Property Appraisers Office demonstrate that building improvements associated with the location of a Class 'A' Mobile Home on a lot are assessed as a manufactured home in addition to land value and the land owner is responsible for all total assessed taxes associated with the land, regardless of the occupancy of the mobile home structure. The attached Property Record Cards from County Appraiser Office for two recently approved Class 'A' Mobile Homes identify the ad valorem property tax. Land on which mobile homes are already a permitted use and are leased to mobile home owners are not taxed with the improvement value of the mobile home. Instead the mobile home owner is taxed for a registered vehicle by the Tax Collector and any accessory structures (car ports, sheds, and the like) are taxed as personal property separate from ad valorem tax. These situations however do not require permitting through the Class 'A' Mobile Home process and as such are not the subject of the proposed amendment. Another concern with the proposed amendment is that it eliminates the public hearing and notification process prior to the issuance of a Class 'A' Mobile Home Permit, and requires appeals to be processed by the Board of Adjustment. By way of background on the extent of these public hearings, over the past 10 years, the Planning and Development Services Department has processed 20 Class 'A' Mobile Home Permits. As noted in the table below, a majority of these permits were approved on agricultural zoned properties that had little or no impact to surrounding uses. Three permits were denied by the Board of County Planning and Zoning Commission November 17, 2011 Minutes ITEM NO. III-B DATE: 11/17/11 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X) LEG. (X) QUASI -JD ( ) CONSENT ( ) TO: PLANNING AND ZONING COMMISSION PRESENTED BY: Kristin Tetswo SUBMITTED BY: Planning and Development Services Senior Planne /* Department —Planning Division SUBJECT: Land Development Code Text Amendment — Commercial, Neighborhood Zoning BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners to adopt Ordinance 11-035 granting a text amendment to the Land Development Code to add "Auto supplies (5531)" under "Retail trade" as a conditional use in the Commercial, Neighborhood (CN) Zoning District. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator County Attorney (X) County Engineer COORDINATION/SIGNATURES County Surveyor Daniel S. McIntyre Michael Powley Originating Dept. (X) 4f Mark Satterlee Purchasing ( ) Melissa Simberlund ERD NI. Ron Harris Karen Smith ( ) Marie Gouin Planning and Development Services Department Planning Division MEMORANDUM TO: Planning and Zoning Commission THROUGH: . Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager YJ FROM: Kristin Tetsworth, Senior Plann�u DATE: November 17, 2011 SUBJECT: Land Development Code Text Amendment — Comercial, Neighborhood Zoning ITEM NO. III-B BACKGROUND: AutoZone has submitted a request to amend the text of the St. Lucie County Land Development Code (LDC) to include "Auto supplies (5531)" as a Conditional Use under "Retail Trade" in the Commercial, Neighborhood (CN) Zoning District. AutoZone is proposing to develop 1.2 acres of land at the corner of Prima Vista Boulevard and Airoso Boulevard for the retail sale of auto supplies. As part of this proposal the applicant has submitted a tandem application for an Amendment to the Official Zoning Atlas to change the zoning from the Commercial Office (CO) and Residential Single Family (RS-4) Zoning Districts to the Planned Non - Residential Development (PNRD) Zoning District, with Preliminary and Final Site Plan approval, for a retail sales establishment known as AutoZone. The Future Land Use on approximately 54% of the site is Commercial (COM) under which all Commercial General (CG) uses are permitted, including the retail sale of auto supplies. The remaining 46% of the site has a Future Land Use designation of Residential Urban (RU) under which Commercial Neighborhood (CN) uses are permitted. Therefore, the initial determination by the Planning Division is that a Text Amendment to the Land Development Code to add the retail sale of auto supplies to the CN zoning district would be required for the complete development of the site. It was recommended that the use be listed as conditional to ensure compatibility with surrounding residential properties. Then the Conditional Use application can be processed to permit the retail sale of auto supplies in this project as a part of the PNRD approval. Historically, the LDC included the retail sale of auto supplies in the CN Zoning District prior to 1999. Another establishment known as Advanced Auto is also located on Prima Vista Boulevard. It was previously approved under Resolution 94-125 in accordance with the prior LDC language which listed the retail sales of auto supplies and related specialty installation services as a permitted use. It was not until June 20, 1999 when the Board of County Commissioners (BOCC) adopted Ordinance 99-015 that the retail sales of auto supplies was removed from the permitted use list, along with a number of other use amendments to the CN and CG Zoning Districts. Planning & Zoning Commission AutoZone November 17, 2011 Page 2 Pursuant to Section 3.01.02 Administrative Use Regulations for Permitted and Conditional Uses. Whenever a use is not specifically listed in Sections 3.01.03.(A) through 3.01.03.(DD) the Community Development Director shall make a determination as to whether the proposed use is of the same general type as identified in the Standard Industrial Classification Manual (1987 ed.), prepared by the Executive Office of the President, Office of Management and Budget. However, this section does not authorize including a use in a zoning district in which such use is not listed when such use is specifically listed in another zoning district. When Ordinance 99-015 was adopted by the BOCC removing retail sales of "auto supplies and related specialty installation services", it did not include adding that specific use to any other zoning classification as either a permitted use nor a conditional use. The use is considered a permitted use in the Commercial General (CG) Zoning District under "Automobile dealers (55)". The applicant's proposed text amendment is to add the phrase "Auto supplies (5531)" under the list of Retail trade conditional uses, not including "related specialty installation services" as those operations are more likely to be incompatible with nearby residents. The conditional use process provides for staff review through the Development Review Committee (DRC) and public hearings before the Planning and Zoning Commission and the Board of County Commissioners. Conditions of approval specific to the unique on -site constraints can be applied on a case -by -case basis. Furthermore, with the requirement for neighborhood meetings and at least two advertised and noticed public hearings, the adjacent property owners are provided an opportunity to be involved in the decision -making process. This allays potential concerns of the surrounding community and ultimately results in a more harmonious development pattern. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for the proposed amendment, the Board of County Commissioners shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; Staff has determined the proposed text amendment is consistent with the general purpose, goals, objectives, and standards of this Code, the Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. The amendment will not be in conflict with the St. Lucie County Land Development Code (LDC) and has met the standards of review in LDC Section 11.06.03. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed text amendment is not in conflict with any element of the St. Lucie County Comprehensive Plan and will further the County's land use and economic development directives by allowing additional commercial opportunities in the CN Zoning District. The proposed text amendment specifically furthers the following St. Lucie County Comprehensive Plan goal and objective. Planning & Zoning Commission AutoZone November 17, 2011 Page 3 Future Land Use Element Objective 1.1.11: St. Lucie County shall continue to work with the interested groups and agencies to increase and broaden the County's economic base while expanding existing business and industrial opportunities. Economic Development Element Goal 10.1: Support economic development in St. Lucie County as part of an overall strategy for sustainability and quality of life. Future Land Use designations that are consistent with and include the CN Commercial Neighborhood Zoning Districts that currently allow miscellaneous retail sales: • AG-5 (Agricultural —1 du/5 acres) • AG 2.5 (Agricultural —1 du/2.5 acres) • RE (Residential, Estate —1 du/ac) • RS (Residential, Suburban — 2 du/ac) • RU (Residential, Urban — 5 du/ac) • RM (Residential, Medium — 9 du/ac) • RH (Residential, High —15 du/ac) • COM (Commercial) • MXD (Mixed Use Development) — some activity areas only • TVC (Towns, Villages and Countryside) The addition of the proposed use to the CN Zoning District conditional uses will allow the use to be located within existing and future CN Zoning Districts, which are consistent with the AG-5, AG-2.5, RE, RS, RU, RM, RH, COM, MXD (Mixed Use Development), and some TVC (Towns, Villages and Countryside) Future Land Use designations. 3. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses; The proposed text amendment would result in development that is consistent with existing and proposed land uses. The subject CN Zoning District is found in areas with existing and proposed commercial and residential uses that currently allow for neighborhood -like uses that are necessary for the convenience of everyday life of residents of St. Lucie County. Further, Ordinance 99-015 included the additional language limiting retail trade within the CN Zoning District to buildings that are less than 6,000 square feet. The proposed text amendment to add this use as "retail sales of auto supplies" to the list of conditional uses does not change this requirement. The amendment still supports small neighborhood uses to be located in close proximity to residential development for the convenience of residents in the surrounding area, and is still in keeping with the general purpose of the CN zoning district. 4. Whether there have been changed conditions that require an amendment; When Ordinance 99-015 was adopted by the BOCC thereby removing retail sales of auto supplies and related specialty installation services, it did not include adding that specific use to any other zoning classification as either a permitted use nor a conditional use. The use is considered a permitted use in the Commercial General (CG) Zoning District under "Automobile Dealers (55)". Therefore, this Text Amendment will provide a specific LDC reference for this use and allow this lower intensity operation to locate in more areas of the County. Planning & Zoning Commission AutoZone November 17, 2011 Page 4 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed amendment does not approve any specific development but rather revises the list of conditional uses in the CN Zoning District. The addition of "Auto supplies (5531)" under Retail trade to the list of conditional uses in CN Zoning would not result in excess demands on public facilities. The trip generation, waste and sewer demands and emergency services impacts of the proposed use are expected to be less than many commercial uses already allowed within the CN Zoning District and the retail trade operation would still be required to be less than 6,000 square feet.. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed text amendment would not result in adverse impacts on the natural environment. The proposed text amendment is not expected to increase development pressures on natural areas and does not modify any of the County's natural resource protection standards that are triggered when any type of development is proposed. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed text amendment will result in an orderly and logical development pattern. No negative impacts are expected. The proposed retail sales of auto supplies is currently considered a permitted use in the Commercial General (CG) Zoning District under "Automobile Dealers (55)". Including the less intensive use of small-scale retail trade of auto supplies as a Conditional use ensures that the proposed use will be located in compatible areas. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. The proposed amendment will provide another use that can be co -located with other permitted and conditional uses within the Commercial Neighborhood (CN) Zoning District, thereby expanding economic opportunities in the zoning district. The co -location of businesses can result in reduced business costs and further the County's goal to reduce the number of vehicular miles traveled on County roadways while providing convenient uses in close proximity to residential areas. Planning & Zoning Commission AutoZone November 17, 2011 Page 5 RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners to adopt Ordinance 11-035 granting a text amendment to the Land Development Code to add "Auto supplies (5531)" under "Retail trade" as a conditional use in the Commercial, Neighborhood (CN) Zoning District. ATTACHMENTS: Ordinance No. 99-015 Draft Ordinance No. 11-035 Planning & Zoning Commission AutoZone November 17, 2011 Page 6 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 11.06.03 OF THE 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 OF THE REQUEST OF AUTOZONE TO AMEND THE TEXT OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE (LDC) TO INCLUDE "AUTO SUPPLIES (5531)" UNDER "RETAIL TRADE" AS A CONDITIONAL USE IN THE COMMERCIAL, NEIGHBORHOOD (CN) ZONING DISTRICT, BECAUSE... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] 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 11.06.03 OF THE 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 THE REQUEST OF AUTOZONE TO AMEND THE TEXT OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE (LDC) TO INCLUDE "AUTO SUPPLIES (5531)" UNDER "RETAIL TRADE" AS A CONDITIONAL USE IN THE COMMERCIAL, NEIGHBORHOOD (CN) ZONING DISTRICT, BECAUSE... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] JoAnne Holmans Clerk of the Cir 't Court - St. Lucie County �" File Number:l?40391L OR BUUK 1241 PAGE 0243 Recorded: W04-99 10:08 A.M. 1 1 ORDINANCE NO.99-015 4 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND 5 DEVELOPMENT CODE BY AMENDING SECTION 3.01.03(Q), CN 6 COMMERCIAL, NEIGHBORHOOD ZONING DISTRICT, BY AMENDING 7 THE LIST OF PERMITTED, CONDITIONAL AND ACCESSORY USES IN 8 THIS ZONING DISTRICT; BY AMENDING SECTION 3.01.03(S), CG 9 COMMERCIAL, GENERAL ZONING DISTRICT, BY AMENDING THE 10 LIST OF ACCESSORY USES IN THIS ZONING DISTRICT; BY 11 PROVIDING FOR CONFLICTING PROVISIONS; BY PROVIDING FOR 12 SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR 13 FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN 14 EFFECTIVE DATE; PROVIDING FORADOPTION AND PROVIDING FOR 15 CODIFICATION. 16 17 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made 18 the following determination: 19 20 1. On August 1, 1990, the Board of County Commissioners of St. Lucie 21 County, Florida, adopted the St. Lucie County Land Development 22 Code. 23 24 2. The Board of County Commissioners has adopted certain 25 amendments to the St. Lucie County Land Development Code, 26 through the following Ordinances 27 28 91-03 March 14, 1991 91-09 - May 14, 1991 29 91-21 - November 7, 1991 92-17 - June 2, 1992 30 93-01 - February 16, 1993 93-03 - February 16,1993 31 93-05 - May 25,1993 93-08 - May 25,1993 32 93-07 - May 25, 1993 94-07 - June 22, 1994 33 94-18 - August 16, 1994 94-21 - August 16, 1994 34 95-01 - January 10,1995 96-10 - August 6, 1996 35 97-01 - March 4, 1997 97-09 - October 7,1997 36 97-23 - September 2, 1997 99-01 - February 2, 1999 37 99-02 April 6, 1999 99-05 - July 20,1999 38 39 3. On May 20, 1999, the Local Planning Agency/ Planning and Zoning 40 Commission held a public hearing on the proposed ordinance after 41 publishing notice in the Port St. Lucie News and the Tribune at least ----------- --------------------- Underline is for addition 8trilep Thre*gh is for deletion ordinance #99-015fnl Final tq - aL4&K4 Page 1 PRINT DATE: 07/20/99 M BOOK 1241 PAGE 024-+ 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 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. On July 6, 1999, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on June 25, 1999. 5. On July 20, 1999, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on July 9,1999. 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 is in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY CODE AND COMPILED LAWS TO READ AS FOLLOWS, INCLUDE: CHAPTER III ZONING DISTRICTS 3.00.00 ZONING DISTRICTS 3.01.00 ZONING DISTRICT USE REGULATIONS Ordinance #99-015fn1 Final ___________ ---- ___________--__-_ Underline ie for _addition Strike Thteugh is for deletion Page 2 PRINT DATE: 07/20/99 M BMK 1241 PAGE 0245 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 3.01.03 ZONING DISTRICTS Q. CN COMMERCIAL, NEIGHBORHOOD Purpose The purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. The number in "Q" following each Identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses &. Aeseunfing, b a. Beauty and barber services. (72w24) b. Civic, social and fraternal associations (esm c. Depository institutions (eo) g d. Laundering and drycleaning (self-service). (7215) Real estate (es) k, f Repair services: (1) Electrical repair. (m) (2) Shoe repairs (725) (3) Watch, clock, jewelry, and musical instrument repair. (7631) h-g Retail trade (each building shall be less than 6.006 square feet gross floor area. all uses inclusive): (1) Antiques (5m) (4 2) Apparel and accessories. (55) (3) Books and stationery. (mvssa) (4) Cameras and photographic supplies. (5949) (5) Drugs and proprietary. (sm) (6) Eating places (5e12) (7) Florists. ism) (8) Food stores (54) (9) Gifts, novelties, and souvenirs. (5947) (10) Hobby, toy and game shops (5e45) (11) Household appliances (Sn) (12) Jewelry. (5s44) (13) Newspapers and magazines. (6es4) (14) Optical goods. (seas) (15) Nurseries, lawn and garden supplies. (m) (16) Radios, TV's, consumer electronics and music supplies (573) Ordinance #99-015fnl Final ----------- ----------------------- Underline 18 for additiott ObLike Through is for deletion Page 3 PRIKT DATE: 07/20/99 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 OR HOOK 1241 PAGE 0246 (17) Sporting goods and bicycles. (ss~,) (18) Tobacco products. (sm) n:h Video tape rental (7ea) Paragraphs 3 through 6 — no change 7. Conditional Uses a. Day care - adult (earl) - child (eas+) b. Postal services. (431+) C. Retail trade: (2) Undistilled alcoholic beverages accessory to retail sale of food. (5921 - d. Telecommunication towers - subject to the standards of Section 7.10.23 (ese) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Drinking places (undistilled alcoholic beverages) accessory to an eating place. (ase) b.. One dwelling unit contained within the commercial building, for on -site security purposes. (eas) Retell trade. S. CG COMMERCIAL, GENERAL 1. Purpose The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "()" following each Identified use corresponds to the SIC code reference described In Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. Paragraphs 2 through 7 -- No Change 8. Accessory Uses Underline is for addition Strike %rough is for deletion Ordinance #99-015fnl Page 4 Final PRINT DATE: 07/20/99 OR BOOK 1241 PAGE 024 / 1 2 3 4 5 6 7 8 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 Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. One single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on -site security purposes). C. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). ************N*NA*A*NNNNNN***N**R PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or 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 throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Cleric 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. Ordinance #99-015fnl Final -------------------------------- Uaderline is for addition abrike Through is for deletion Page 5 PRINT DATE: 07/20/99 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 W BOOK 1241 PAGE 0248 PART F. ' EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis Vice Chairman John Bruhn Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Frannie Hutchinson PART H. CODIFICATION. AYE AYE ABSENT AYE AYE 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 renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this 20th day of June, 1999 COUA/7 BOARD OF COUNTY COMMISSIONERS ATTEST: c' `'`t ''� �, ST. LUCIE COUNTY, FLORIDA : p ZZ -DEPUTY CLE CH R AN------------------------------------ .n •.: Underline is for addition is for deletion Ordinance #99-015fnl f Page 6 Final e' PRINT DATE: 07/20/99 OR BOOK 1241 PAGE 0249 1 2 3 4 5 6 DJM 99.015MI(LDCamends • disc#11) Ordinance #99-015fnl Final APPROVED AS TO FORM AND ----------- --------------------- Underline is for addition 9tritee'Phreugh is for deletion ♦ tfeE Q s Ob BOOK @(,Irtrmo -r' " Page 7 PRINT DATE: 07/20/99 1997 NAICS Matched to 1987 SIC Retail Trade If your browser does not support HTML tables, use the text version of this page instead. Tables 1 and 2 may be compared using a special frames view 441 Motor Vehicle and Parts Dealers 1997 1 NAICS 1997 NAICS U.S. Description 1987 Codes SIC 1987 U.S. SIC Descri tion 441 Motor Vehicle and Parts Dealers �c 4411 Automobile Dealers �c 44111 New Car Dealers �c ❑E 5511 Motor Vehicle Dealers (New and Used) 44112 Used Car Dealers Ec ❑E IMotor Vehicle Dealers (Used Only) 4412 Other Motor Vehicle Dealers 1Qc 44121 IlRecreational Vehicle Dealers Ec ❑E 5561 Recreational Vehicle Dealers 44122 Motorcycle, Boat, and Other Motor IF Vehicle Dealers 441221 Motorcycle Dealers ❑u �E 55711IMotorcycle Dealers 441222 Boat Dealers ❑u FE 5551 Boat Dealers 441229 All Other Motor Vehicle Dealers Qu E� 5599 Automotive Dealers, NEC 4413 44131 Automotive Parts, Accessories, and Tire Stores Automotive Parts and Accessories Stores c 1 cMrImethod) l Motor Vehicle Supplies and New Parts (Wholesale) (auto parts sold via retail 44132Tire Dealers NN *5731 �501 Radio, Television, and Consumer Electronics Stores (automobile radios) Motor Vehicle. Parts, Used (sold via retail method) *5531 *5014 F-5-53-11 Auto and Home Supply Stores (auto supply stores) Tires and Tubes (Wholesale) (tires and tubes sold via retail method) Auto and Home Supply Stores (tires and tubes) Codes: E--existing industry; N--new industry; R--revised industry; * indicates part of a 1987 SIC 442 Furniture and Home Furnishings Stores r http://www.census.gov/epcd/naics/NAICS44.HTM 10/27/2011 2 3 4 5 6 7 8 9 10 11 12 13 ORDINANCE NO. 11-035 Text Amendment to the Land Development Code TLDC-62011 4296 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE CHAPTER 3.01.03, ZONING DISTRICT REGULATIONS, TO ADD AUTO SUPPLIES (SIC 5531) AS A CONDITIONAL USE UNDER RETAIL TRADE IN THE CN (COMMERCIAL NEIGHBORHOOD) ZONING DISTRICT; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners has made the following determinations: 1. This Board is authorized by Section 125.01(1)(h), Florida Statutes to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 2. This Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law. 3.On August 1, 1990 the Board of County Commissioners of St. Lucie County Florida adopted the St. Lucie County Land Development Code. 4. 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 91-21 - November 7, 1991 93-01 February 16, 1993 93-05 - May 25, 1993 93-07 - May 25, 1993 94-18 - August 16, 1994 95-01 -January 10, 1995 97-01 - March 4, 1997 97-03 - September 2, 1997 99-02 - April 6, 1999 99-04 - August 17, 1999 99-15 - July 20, 1999 99-17 - September 7, 1999 00-10 - June 13, 2000 00-12 - June 13, 2000 01-03 - December 18, 2001 02-09 - March 5, 2002 91-09 - May 14, 1991 92-17 - June 2, 1992 93-03 - February 16, 1993 93-06 - May 25, 1993 94-07 - June 22, 1994 94-21 - August 16, 1994 96-10 - August 6, 1996 97-09 - October 7, 1997 99-01- February 2, 1999 99-03 - August 17, 1999 99-05 - July 20, 1999 99-16- July 20, 1999 99-18 - November 2, 1999 00-11 - June 13, 2000 00-13 - June 13, 2000 02-05 - June 24, 2002 02-20 - October 15, 2002 02-29 -October 15, 2002 04-02 - January 20, 2004 04-33 - December 7, 2005 05-03- August 2, 2005 05-07 - January 18, 2005 05-23- September 20, 2005 06-13- June 6, 2006 06-30- September 12, 2006 06-47- December 5, 2006 07-15- April 17, 2007 07-32- November 6, 2007 07-54- December 11, 2007 08-04- March 11, 2008 08-12- September 9, 2008 09-03- January 20, 2009 09-13- May 19, 2009 10-26- September 27, 2010 10-36- December 21, 2010 11-15-April 19, 2011 5.On November 17, 2011, they the proposed ordinance afte 10 days prior to the heari ordinance be (denied/appro\ 6. On after publis prior to the 7.0 2011'F ublis i t 10 days pthe k� 3ipF 8. Th r�oposed ame cons' with the ge } County rehensive, public welt -:. f .,.the citi 03-05 - October 7, 2003 04-07- April 20, 2004 05-01- March 15, 2005 05-04- August 2, 2005 05-16- August 16, 2005 06-05- April 18, 2005 06-22- July 18, 2006 06-40- August 1, 2006 07-11- February 6, 2007 07-17- Ju ,. , 2007 07-41- _ ber4 07-5 .-ember 20 08 17, 200 0� -Se ber 1 -12- May '� �009 �0-03- FebruaN 2007 2007 8 010 10-34- November9 f�2010 11-05- Fe ruary 1, -21Ust 2, 201141 ` �.: ,✓ and Zonf mmission held a public hearing on g, notice in St. Lucie News Tribune at least ended ry: .� ,the BOCC that the proposed held50. �fi = `'bli"r ng on the proposed ordinance, heap EMI e St Lur. ews Tribune at least 10 days public hearing on the proposed in the St. Lucie News Tribune at t ,, a St. Lucie County Land Development Code is Burp `s'd, goals, objectives and standards of the St. Lucie n and are in the best interest of the health, safety and of St. Lucie County, Florida. Ordinance No. 11-035 File No.: TLDC 62011 4296 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. The specific amendment to the St. Lucie County Land Development Code to read as follows in underline format: 3.01.03. Zoning Districts Q. CN COMMERCIAL, NEIGHBORHOOD 7. Conditional Uses d. Retail trade: B. CONFLICTING PROVISIONS Special acts of the Florida Legislature al County, County Ordinances and County Ordinance are hereby supersede�,ythis C. SEVERABILITY If any portion of t inoperative or voic this Ordinance or' property, or circun property or_circum A This E. The Clerk is hereby Bureau of Laws, Dep F. EFFECTIVE DATE only to 0 thereof, .tent of such of St. Lucie ict with this `LE I nor de -lbPed to be unconstitutional, �e re ir i portions of this Ordinance. If held td'4 inapplicable to any person, affect its applicability to any other person, incorporated area of St. Lucie County. ENT OF STATE T"'forthwith to send a certified copy of this Ordinance to the of State, The Capitol, Tallahassee, Florida, 32304. This ordinance shall take effect upon filing with the Department of State. Ordinance No. 11-035 File No.: TLDC 62011 4296 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 G. ADOPTION After motion and second, the vote on this Ordinance was as follows: Chris Craft, Chairman XXX Chris Dzadovsky, Vice -Chair XXX Paula A. Lewis, Commissioner XXX Frannie Hutchinson, Commissioner XXX Tod Mowery, �:.''�fj°iFf• jay, Commissioner �, �,, PASSED AND DULY ADOPTED this ATTEST: Deputy Clerk iOFC.-U;'TYCOMMI n;2; Y, FLORIDA FORM AND County Attorney ERS Ordinance No. 11-035 File No.: TLDC 62011 4296 Page 4 ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 - Fax: 772-462-1581 hfti)://www.stiucieco.org/planninci/planning.htm DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. . Please contact the Planning Division to schedule an appointment. Submittal Tvpe rcheck each that applies Site Plan Rezoning ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan a Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment a ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan o Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) a Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) a Final Planned Non -Res. Develop. (PNRD) Conditional Use' a Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home s ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Changes A. Land Development Code Text Amendment' ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # 8 .❑ Shoreline Variance ❑ Stewardships -- Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements s ❑ Appeal of Decision by Administrative Official'0 Application Supplement Packages 1. Conditional Use 5. Class A Mobile Home 9. Waiver to LDC/Comp. Plan 2. Variance 6. Historical Designation/Change Requirements 3. Rezoning / Zoning Atlas Amend. 7. LDC Text Amendment 10. Appeal of Decision by 4. Comp. Plan Amendments 8. Re- Submittal Administrative Official Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised June 21, 2010 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: Rezoning (PNRD) - Preliminary Supplemental Application Package No.: 1, 3, and 7 (Please provide separate fee calculation worksheet for each application type) a BASE REVIEW FEE, a CONCURRENCY FEE: d ERD REVIEW FEE: iN PER ACREAGE CHARGE: a, RESUBMITTAL FEE: (if applicable) © OTHER SUBTOTAL OF BASIC FEES: $ 7, 950.00 (A) $ 400.00 (B) $150.00 (C) $ 0.00 (D) $ 0.00 (E) $ 0.00 $ 8, 500.00 N PRE -APPLICATION MEETING FEE: (F) $(250'0� ) deduction Receipt No. of Payment: Date of Pre App: 12102110 8,250.00 BALANCE OF FEES DUE: $ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code © $950.00 — Methodology Meeting (G)(If Applicable) • Additional fees will be due if a Td party traffic study review Is needed. These services will be invoiced to applicant upon receipt of quote of services from 3'd party. • Please note: For all projects requiring public. notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; ie. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Reque Wade Davis Applicant Name (Printed) Signature of applicant INTAKE REVIEWER - SIGNATURE DATE VERIFIED BY - SIGNATURE DATE File Number: Receipt Number: (For office use only) Page 2 of 6 Revised June 21, 2010 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: A Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) A Aerial Photograph — property outlined (available from Property Appraiser's office 10 Property Deed A Legal description, in MS Word format, of subject property It Property Tax Map — property outlined (electronic copy not required) [A Survey It 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) A Concurrency Deferral Affidavit; or [it Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: 0 Site Plan 24"x36" at a scale of 1"=50' (12 copies- folded, not rolled) It Boundary Survey — Signed and Sealed (12 originals) It Topographic Survey —.Signed and Sealed (12 originals) It Landscape Plan — Signed and Sealed (12 originals) [it Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if: (See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any hearing(s). Page 3 of 6 Revised June 21, 2010 Project Information Project Name: AutoZone Primavista Blvd. Site address: 101 NE Primavista Blvd. Parcel ID Number(s): 3419-540-0038-000/9; 3419-540-0037-000/2; 3419-540-0036-000/5; 3419-540-0035-000/8; Lega I Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) LOTS 35, 36, 37, AND 38, BLOCK 43 OF RIVER PARK - UNIT FIVE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE 31, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA Property location — Section/Township/Range: SECTION 28, TOWNSHIP 38 SOM, RANGE 40 EAST Property size — acres: 1.17 Square footage: 48,616 Future Land Use Designation: Vac Commercial Zoning District: CO 8, RS-4 Description of project: Applicant wishes to rezone properties to PNRD in order to allow for development of site with 7,381 sf AutoZone Retail Store. This applications includes rezoning, preliminary PNRD, final PNRD, conditional use, and Land Development Code Text Amendment. (Attach additional sheets if necessarv) Type of construction (check all applicable boxes): 2 Commercial Total Square Footage: Existing 0 Proposed: 7,381 ❑ Industrial Total Square Footage: Existing Proposed: ❑ Residential No. of residential units: Existing Proposed: No. of subdivided lots: Existing Proposed: ❑ Other Please specify: Number and size of out parcels (if applicable): N/A Page 4 of 6 Revised June 21, 2010 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must ` be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project, Applicant Information (Property Developer): Business Name: AutoZone Stores, Inc. Name: Wade Davis Address: 123 South Front St Memphis, TN 38103 (Please use an address that can accept overnight packages) Phone: 901-495-8701 Fax: Email: wade.davis@autozone.com Anent Information: Business Name: CPH Engineers, Inc. Name: Eduardo Intriago, P.E. Address: 540 NW University Blvd, Suite 209 Port St. Lucie, Florida 34986 (Please use an address that can accept overnight packages) Phone: 772-283-8704 Fax: 772-283-4681 Email: eintriago@cphengineers.com Please note: both applicant and agent will receive -ail official correspondence on this Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shalt serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. B. Ruth Devos "owner r pener Property i� ta7",(L� e1/dS gnature ' ame tPAnte Mailing Address: 676 SE Degan Dr Phone: Port St. Lucie, Florida 34983 If more than one owner, please submit additional pages STATE OF I.Wk , COUNTY OF & �U. W, The foregoing instrument was acknowledged before me this day of , 20 1 d by d:iz who is personally known to me or who has produced as identification. MIOW J. AdM nature of Notary Type or Print Name of Notary Vd 35 Commission Number (Seal) Notary Public State of Florida Vicki J Adams My Commission DD664236 orr�° Expires 0611 W01 1 Page 5 of 6 Revised June 21, 2010 Required Document Naming List * All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on CD Aerial Photograph PDF Aerial. df Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev. df Boundary / Topographic Survey PDF BoundaryTopo.pdf Drainage / Stormwater Plan PDF Draina ePln. df Easements PDF Easements. df Environmental Impact Report PDF or Word EIR. df or EIR.doc Existing Condition Plan PDF Existin Cond. df Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Miti ation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit External PDF Permit. df Plat PDF Plat. df or Plat.doc Property Deed PDF Deed. df Site Plan PDF SitePlan. df Traffic Impact Report PDF or Word TIR. df or TIR.doc Tree Survey PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utiliity Plan PDF Utilii df Vegetation Removal Application PDF Ve etation. df Page 6of6 Revised June 21, 2010 Supplement 1 Conditional Use Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 11.07.00 for details Desired Conditional Use / Adjustment: Allow Auto Parts retail store on PNRD site Minor Adjustment Major Adjustment Existing use of property: existing property under review for PNRD rezoning Is a change in ng sough h the petition for Conditional Use? ✓ YES NO Is a change in F re Land sought with the petition for Conditional Use? JL YES It NO Is a Site Planval appli n being filed concurrent with the Conditional Use Application? _JZL YES I I NO If the Conditional Use applied for requires site plan approval, the applicant shall submit a site plan that meets the requirements of LDC Section 11.02.00. The following information you provide is very important in determining the outcome of your conditional use request. It is required by Section 11.07.00, LDC that appropriate findings are made to justify a Conditional Use approval. Please use additional pages, if necessary to justify your request. 1. Describe the reason for the proposed Conditional Use or Adjustment: Four lots on.the NE corner of Primavista and Airoso Blvd will be rezoned PNRD. Autozone intends to develop a auto parts retail store on the premises. PNRD does not allow auto parts retail store. The intention of this conditional use is to allow the mentioned use for this project. The project is congruent with its surroundings and it's architectural and landscape features will enhance the neighborhood. 2. Is the proposed Conditional Use or Adjustment in conflict with any portion of the LDC or the St. Lucie County Comprehensive Plan? PNRD zoning does not allow Auto parts retails. 3. What are the existing uses in the immediate area and how is the proposed Conditional Use or Adjustment compatible with the existing uses in the area? The intersection is zoned either commercial or PNRD. A commercial zoned property allows auto parts retail. There is a gas station to the south, a convenience store to the west, a county canal to the north and residential property to the east (which will have the appropriate landscape barrier). Page 1 of 2 Revised: May 27, 2010 Supplement 1 4. What conditions have changed in the immediate area that warrants consideration of this Conditional Use or Adjustment application? The intersection has been developed as a commercial area. The new zoning and use will be in accordance with its surroundings. 5. What are the anticipated impacts of the proposed Conditional Use or Adjustment on the existing and future public facilities in this area, such as roads, transit, water, sewer, drainage, parks, etc.? None. Please refer to traffic study. 6. What are the anticipated environmental impacts of the proposed Conditional Use or Adjustment? If no adverse impacts are anticipated, please explain why. There are no anticipated impacts, since this is a previously developed site. 7. Please provide any additional information about size, hours, and seasons of operation; number of employees; number of car or truck trips; equipment utilized; anticipated duration of use; impacts of noise and light; access improvements; hazardous substances utilized; and any other issue that would assist in the evaluation of this application. Eduardo J. Intriago, P.E. Applicant or Agent Name (printed) Page 2 of 2 Revised: May 27, 2010 Supplement 3 Refer to St Lucie County Land Development Code (LDC) Section 11.06.00 for details Current Zoning: CO & RS-4 Current Future Land Use: Vac. Commercial Proposed Zoning: PNRD Acreage of the area to be rezoned: 1.17 1. If you are requesting an amendment to the Official Zoning Atlas of St. Lucie County, state whether the proposed amendment is in conflict with any portions of the LDC. A conditional use and Land Dev. Text Amend. is part of this application. 2. Please give a statement describing any changed conditions that would justify a rezoning: Two out of the four abutting properties are zoned commercial. 3. Please state why there is a need for the proposed rezoning: In order to develop a commercial project, the four adjacent lots will be needed. 4. Please state whether and how the proposed rezoning is consistent with the St. Lucie County Comprehensive Plan: The propose use will match the adjacent Intersection which was commercially developed. 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; It is compatible with the commercial existing land use. Page 1 of 2 Revised: May 27, 2010 Supplement 3 No B) Affects the capacities of public facilities, including but not limited to transportation, sewage, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical service; C) Affects the natural environment; (If no adverse impacts expected, please state why.) No. It is previously developed area. No adverse impact from the current condition is anticipated. D) Will result in an orderly and logical development pattern; Yes. E) Will adversely affect the property values in the area; No. 6. Please explain the applicant's interest in the subject property; The applicant is interested on constructing a 7,381 SF auto part store. 7. Please include such other information or documentation that may be deemed necessary or appropriate to a full and proper consideration and disposition of this particular application. Acknowledged. Please Note: This Rezoning Application Supplement will not be considered complete without the Development Application, complete with notarized signatures of all land owners, giving their consent to the filing of this application and supplement. Eduardo J. Intriago, P.E. Applicant or Agent Name (Printed) Sig ture Page 2 of 2 Revised: May 27, 2010 Supplement 7 LDC Text Amendment Application Supplement Refer to Land Development Code (LDC) Section 11.06.00 for details 1. If you are requesting an amendment to the text of the LDC, the precise wording of any proposed amendment to the text shall be provided: 7.02 02 A For properties located in any Residential or Agricultural classified land use area: Any permitted, conditional or accessory use, including any standards, conditions and requirements for those uses, as identified in the Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial General (Ca); Institutional (1) Zoning Districts, and in the Agricultural land use classified areas only, any non-residential permitted or accessory use identified in the Agriculture-1 (AG-1), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts of this Code. Telecommunication towers must comply with the requirements of Section 7.10.23. 2. Please give a statement describing any changed conditions that would justify an amendment: The commercial intersection of Airoso Blvd and Primavista Blvd is congruent with the proposed amendment of the code for this particular project. 3. Please give a statement describing why there is a need for the proposed amendment: Two out of the four lots on which they new project will be developed, are zoned Commercial General, which supports auto parts sales uses that we are pursuing with this Land Development text amendment. 4. Please give a statement describing whether and how the proposed amendment conforms to the St. Lucie County Comprehensive Plan: The proposed amendment conforms with SLC Comprehensive Plan because the proposed development will -be -within a commercial area that will support an auto parts retail store 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; Yes. It is compatible with its surroundings. Page 1 of 2 Revised; February 10, 2011 Supplement 7 B) Affects the capacities of public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; (Would it exceed the capacity of the above public facilities?) No. C) Affects the natural environment; (If no adverse impacts are anticipated, please explain why.) No. It is previously developed area. No adverse impact from the current condition is anticipated. D) Will result in an orderly and logical development pattern; (Identify any negative effects.) Yes. It is congruent with its surroundings. 6. Please explain the applicant's interest in the subject amendment and how it affects their property; The applicant is interested on constructing a 7,381 SF auto part store. 7. Please include such other information or documentation as the Planning & Development Services Director may deem necessary or appropriate to a full and proper consideration and disposition of this particular application. Acknowledged. Please Note: This LDC Text Amendment Application Supplement will not be considered complete without the Development Application, complete with notarized signatures of all persons applying for this amendment, or giving their consent to the filing of this application and supplement. Mduardo J. Intriago, P.E. Applicant or Agent Name (Printed) Page 2 of 2 Revised: February 10, 2011 Q. CN COMMERCIAL, NEIGHBORHOOD. Purpose The purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Beauty and barber services. (72w24) b. Civic, social and fraternal associations (e54,) C. Depository institutions (oo) d. Laundering and drycleaning (self-service). v2m e. Real estate (55) f. Repair services: (1) Electrical repair. (782) (2) Shoe repairs (725) (3) Watch, clock, jewelry, and musical instrument repair. vai) g. Retail trade (each building shall be less than 6,000 square feet gross floor area, all uses inclusive): (1) Antiques (5932) (2) Apparel and accessories. (5e) (3) Books and stationery. (5e42/5943) (4) Cameras and photographic supplies. (594e) (5) Drugs and proprietary. (59,2) (6) Eating places (e6(2) (7) Florists. (5992) (8) Food stores (54) (9) Gifts, novelties, and souvenirs. (5947). (10) Hobby, toy and game shops (5945) (11) Household appliances (572) (12) Jewelry. (5944) (13) Newspapers and magazines. (5994) (14) Optical goods. (5995) (15) Nurseries, lawn and garden supplies. (52o) (16) Radios, TVs, consumer electronics and music supplies (573) (17) Sporting goods and bicycles. (5941) (18) Tobacco products. (5993) h. Video tape rental (754) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses St. Lucie County Land Development Code Adopted August 1, 1990 3 - 23 Revised Through 05/15/04 a. Car Washes (Self Service Only) - subject to the provisions of Section 7.10.22. (e99) b. Day care - adult (9322) - child (ew) C. Postal services. (4s11) d. Retail trade: (1) Gasoline services - accessory to retail food stores under SIC-5411. (e99) (2) Undistilled alcoholic beverages accessory to retail sale of food. (5921-6xoeptror9nuo4 e. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Drinking places (undistilled alcoholic beverages) accessory to an eating place. (9e9) b. One dwelling unit contained within the commercial building, for on -site security purposes. (m) St. Lucie County Land Development Code Adopted August 1,1990 3 - 24 Revised Through 05/15/04 11.07.00 CONDITIONAL USES 11.07.01 GENERAL PROVISIONS A. PURPOSE The purpose of this section is to provide for uses that are generally compatible with the use characteristics of a zoning district, but which require Individual review of their location, design, intensity, configuration, and public facility impact in order to determine the appropriateness of the use on any particular site in the district and their compatibility with adjacent uses. Conditional uses may require the imposition of additional conditions to make the uses compatible in their specific contexts. B. AUTHORITY The Board of County Commissioners may, in accordance with the procedures, standards, and limitations of this Code, grant conditional use permits for those uses enumerated in each of the zoning districts in Section 3.01.00 of this Code. C. REQUIREMENT FOR FOUR -FIFTHS VOTE WHEN PROTEST IS FILED In the case of a written protest against an application for a Conditional Use Permit, signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, such Conditional Use Permit shall not be approved except by the favorable vote of four -fifths (4/5) of all of the Board of County Commissioners. Publicly owned right-of-way, although included in calculating the distance of five hundred (500) feet referred to in the previous sentence, shall not be included in determining the total of the area lying within five hundred (500) feet of the property involved in such proposed permit application and the percentages referred to. 11.07.02 PERSONS ENTITLED TO INITIATE APPLICATIONS An application for a conditional use may only be submitted by the owner or any other person having a contractual interest in the parcel of land proposed for conditional use. 11.07.03 STANDARDS FOR REVIEW OF CONDITIONAL USE PERMITS A conditional use permit shall be granted only if the applicant demonstrates the following: A. CONSISTENCY WITH LOCAL CODE AND COMPREHENSIVE PLAN The proposed conditional use is in compliance with all requirements, and is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County; and is in compliance with all additional standards imposed on it by the particular provisions of this Code authorizing such use. B. EFFECT ON ADJACENT PROPERTIES 1. The proposed conditional use will not have an undue adverse effect upon nearby property. 2. The proposed conditional use is compatible with the existing or planned character of the neighborhood in which it would be located. 3. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through building design, site design, landscaping, and screening. 4. The proposed conditional use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. C. ADEQUACY OF PUBLIC FACILITIES The proposed conditional use will be served by adequate public facilities and services, including roads, St. Lucie County Land Development Code Adopted August 1, 1990 11 - 91 Revised Through 05/15/04 police protection, fire protection, solid waste disposal, water, sewer, drainage structures, parks and mass transit. D. ADEQUACY OF FIRE PROTECTION The applicant for the proposed conditional use has obtained from the St. Lucie County - Fort Pierce Fire Prevention Bureau written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed conditional use will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter Vill, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August 1982). 11.07.04 CONDITIONS ON CONDITIONAL USE PERMITS The Board of County Commissioners shall attach such conditions, limitations, and requirements to a conditional use permit as are necessary to effectuate the purposes of Section 11.07.01; to carry out the spirit and purpose of this Code and the St. Lucie County Comprehensive Plan; and to prevent or minimize adverse effects upon other property in the neighborhood, including but not limited to limitations on size, intensity of use, bulk and location, landscaping, lighting, the provision of adequate ingress and egress, duration of the permit, and hours of operation. Such conditions shall be set forth expressly in the resolution granting the conditional use permit. A. TRAFFIC CONTROL DEVICES Whenever, as the result of traffic generated by a proposed conditional use, it is determined, based on the Manual on Uniform Traffic Control Devices, that there is a need to install traffic control devices (including traffic signals, signing, and pavement markings), the conditional use permit shall not be granted except upon the condition that the applicant be responsible for installing all said devices and signs, or making an equitable contribution toward such installation. B. ACCESS IMPROVEMENTS A conditional use permit shall not be granted except upon the condition that the applicant provide the access (ingress and egress) improvements determined to be necessary as a result of traffic generated by the development. C. PROJECTS REQUIRING OTHER REGULATORY APPROVAL 1. For proposed conditional uses requiring any permit from the United States Army Corps of Engineers, the Florida Department of Environmental Regulation, the Florida Department of Natural Resources, or any other state or federal regulatory authority, the Board of County Commissioners shall not grant unconditionally a conditional use permit until it has received from such agency notice of either issuance of or intent to issue the required regulatory permit. 2. The Board of County Commissioners may grant a conditional use permit contingent upon receiving notice of either issuance of or intent to issue any required regulatory permit if it can make, on a tentative basis and subject to confirmation, the findings required in Section 11.07.03(E). A conditional use permit granted contingent upon receiving notice of either issuance of or intent to issue any required regulatory permit shall not preclude the Board of County Commissioners, after reviewing the regulatory permit application and other information, from revoking such contingent grant of a conditional use permit based solely upon an inability to confirm the findings required in Section 11.07.03(E) or from protesting the regulatory permit application. D. REDUCTION IN MAXIMUM RESIDENTIAL DENSITY The Board of County Commissioners shall require a reduction from the maximum residential density permitted in the zoning district in which a conditional use is to be located when such, allowable maximum St. Lucie County Land Development Code Adopted August 1,1990 11 - 92 Revised Through 05/16/04 residential density: Would impose an excessive burden, as determined by recognized engineering or other professional standards, on public facilities that would serve the proposed conditional use; or Would contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter Vill, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Morn and Associates, Inc. (August, 1982). 11.07.06 APPLICATION PROCEDURES A. PRE -APPLICATION CONFERENCE An application for conditional use is initiated by requesting in writing a pre -application conference with the Community Development Director. The request shall include a description of the character, location and magnitude of the proposed conditional use, together with a proposed timetable for development. The purpose of this meeting is to acquaint the applicant with the requirements of this Code and the views and concerns of the County when positions are flexible. Within twenty (20) days of the request, the Community Development Director shall schedule a pre -application conference with the applicant and other relevant County departments. B. FILING APPLICATION FOR CONDITIONAL USE PERMIT Filing After the pre -application conference, an applicant for a conditional use permit shall submit an application to the Community Development Director accompanied by a non-refundable fee as established from time to time by the Board of County Commissioners to defray the actual cost of processing the application. If, in accordance with Section 3.01.00, the specific conditional use applied for requires site plan approval, the applicant shall submit a site plan meeting the requirements of Section 11.03.00 of this Code. If, in accordance with Section 3.01.00, the specific conditional use applied for does not require site plan approval, the applicant shall submit a written statement of proposed use including, but not limited to, the nature of the use and the proposed improvements to the site. Conditional use applications shall include a site plan if the proposed use would be located in whole or in part in a one hundred (100) year floodplain or on North or South Hutchinson Island. Applications for conditional use approval shall include such other information or documentation as the Director deems necessary for the full and proper consideration and disposition of the application. 2. Review by Community Development Director a. Within twenty (20) days after an application for conditional use approval is submitted, the Community Development Director shall determine whether the application is complete. If the Director determines that the application is not complete, he shall send a written statement specifying the .deficiencies to the applicant by mail. The Director shall take no further action on the application unless the deficiencies are remedied. Within thirty (30) days after the Community Development Director determines that an application for conditional use permit is complete, the Director shall review the application, make a report, and notify the Planning and Zoning Commission that the application is ready to review. . C. HEARING AND ACTION BY PLANNING AND ZONING COMMISSION Hearing Upon notification that the application for a conditional use permit is ready for review, the Planning. and Zoning Commission shall place it on the next regularly scheduled agenda for public hearing in accordance with the provisions of Section 11.00.03. The public hearing held on the application for conditional use shall be in accordance with Section 11.00.04. St. Lucie County Land Development Code Adopted August 1, 1990 11 - 93 Revised Through 05/15/04 2. Review In reviewing the conditional use application, the Planning and Zoning Commission shall consider the report of the Community Development Director; shall determine whether the proposed use meets the standards in Sections 11.07.03, 11.07.04, and 3.01.00 for conditional uses; and shall determine whether the proposed use meets all other provisions of this Code, the St, Lucie County Comprehensive Plan, and any other applicable County Ordinance. The Planning and Zoning Commission may recommend certain conditions be met before approval of the application. 3. Recommendation Within a reasonable time of the conclusion of the public hearing, not to exceed thirty (30) days, the Planning and Zoning Commission shall make a recommendation to approve, approve with conditions, or deny the application. D. HEARING AND ACTION BY BOARD OF COUNTY COMMISSIONERS Hearing Upon notification of the recommendation of the Planning and Zoning Commission, the Board of County. Commissioners shall place the conditional use application on the next regularly scheduled agenda for a public hearing in accordance with the requirements of Section 11.00.03. The public hearing on the application shall beheld in accordance with Section 11.00.04. 2. Review In reviewing the application, the Board of County Commissioners shall consider the report of the Community Development Director and the recommendation of the Planning and Zoning Commission; shall determine whether the proposed use meets the standards in Sections 11.07.03, 11.07.04, and 3.01.00 for conditional uses; and shall determine whether the proposed use meets all other provisions of this Code, the St. Lucie County Comprehensive Plan, and any other applicable County Ordinance. The Board may require certain conditions be met before approval of the application. 3. Action Within a reasonable time of the conclusion of the public hearing, not to exceed thirty (30) days, the Board of County Commissioners shall approve, approve with conditions, or deny the application for conditional use permit in accordance with Section 11.00.04(E). The decision on the application shall be by resolution setting forth the findings of the Board of County Commissioners and any condition, limitation, or requirement of such decision. 4. Notice of Action Notification of the Board of County Commissioners' decision shall be mailed to all parties, and the decision shall be filed with the Office of the Community Development Director in accordance with Section 11.00.04(F). E. DEVELOPMENT AND ADJUSTMENT OF AN APPROVED OR EXISTING CONDITIONAL USE Effect of Issuance of Conditional Use Permit The issuance of a conditional use permit shall only constitute approval of the proposed use, and development of the use shall not be carried out until the applicant has secured all other permits and approvals required. Adjustments to an Approved or Existing Conditional Use Adjustments to a conditional use may be permitted as follows: a. Minor Adjustments - The Community Development Director shall authorize minor St. Lucie County Land Development Code Adopted August 1, 1990 11 - 94 Revised Through 06/16/04 adjustments to a conditional use. Such minor adjustments shall be consistent with the intent and purpose of the St. Lucie County Comprehensive Plan, this Code, the conditional use as approved or existing, and.shall be the minimum necessary. Such minor adjustments shall be limited to the following: 1. altering the bulk of any one (1) structure by not more than twenty-five (25) percent; or, 2 altering the location of any one (1) structure or group of structures by not more than ten (10) feet; or, 3. altering the location of any circulation element by not more than ten (10) feet; or, 4. altering the location of any open space by not more than ten (10) feet; or, 5. reducing the total amount of open space by not more than five (5) percent or reducing the yard area or open space associated with any single structure by not more than five (5) percent; or, 6. altering the location, type, or quality of landscaping elements; or, change in project name or ownership of the property. Notice of the authorization of such minor adjustments shall be provided to the Board of County Commissioners. b. Major Adjustments in Substantial Conformity Any other adjustment to a conditional use shall be a major adjustment and shall be granted only upon application to" and approval by the Board of County Commissioners, which shall grant approval for such other adjustment after a public hearing upon finding that any proposed change in the conditional use as approved or existing will be in substantial conformity with the original approval or the existing conditional use. The Board of County Commissioners shall place the application for major adjustment on the agenda of a regularly scheduled meeting for a public hearing in accordance with the requirements of Section 11.00.03. The public hearing on the application shall be held in accordance with Section 11.00.04. 2. If the Board of County Commissioners determines that the major adjustment is not in substantial conformity with the original approval or the existing conditional use, then it shall deny the application for adjustment.. Such denial shall not preclude development of an approved conditional use. 3. Inspections During Development of an.Approved Conditional Use a. Inspections by Community Development Director Following approval of a conditional use, the Community Development Director shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved conditional use and with the approved development schedule, if applicable. b. Action by Community Development Director If the Community Development Director finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the approved conditional use, he shall notify the Board of County Commissioners of such fact and may, if he finds it necessary for the protection of the public health, safety, or welfare, take such necessary action to stop such non-compliance. St. Lucie County Land Development Code Adopted August 1, 1990 11 - 95 Revised Through 05/15/04 C. Action by Board of County Commissioners Within thirty (30) days following. notification by the Community Development Director, the Board of County Commissioners shall determine whether development of the conditional use is proceeding in accordance with the approved conditional use. If the Board of County Commissioners finds the development is not proceeding in accordance with the approved conditional use, it -shall either revoke the permit or take the necessary action to compel compliance with the approved conditional use, 4. Inspections After Development a. Inspection by Community Development Director Following completion of the development of a conditional use, the Community Development Director shall review the development as completed and determine if it complies with the approved conditional use. b. Action by Community Development Director If the Community Development Director finds that the development as completed fails in any respect to comply with the use as approved, he shall immediately notify the Board of County Commissioners of such fact. C. Action by Board of County Commissioners Within thirty (30) days following notification by the Community Development Director, the Board of County Commissioners shall determine whether the completed conditional use fails in any respect to follow the approved conditional use permit. If the Board of County Commissioners finds the completed conditional use fails in any respect to follow the approved conditional use, it shall either revoke the permit or take the necessary action to compel compliance with the conditional use. F. EXTENSIONS OF CONDITIONAL USE PERMITS The time limitations imposed on a conditional use permit by Section 11.07.05(1) may be extended by the Board of County Commissioners not more than one (1) time, and for not more than twenty-four (24) months, upon application by the applicant and after a public hearing held in accordance with Section 11.00.04. G. EXISTING CONDITIONSL USES A legally conforming use that exists on the effective date of this Code and that is permitted as a conditional use in a zoning district in Section 3.01.03 of this Code shall not be deemed a nonconforming use in that district, but shall without further action be considered a conforming use. A use existing prior to its present classification by this Code as a conditional use may change in use or in lot area or may alter a structure only if the change or alteration conforms with the requirements of Sections 11.07.05(E) and 3.01.03 for conditional uses. Such change or alteration may be accomplished only pursuant to the standards and procedures established for the adjustment of a conditional use as set forth in Section 11.07.05(E). H. REVOCATION OF CONDITIONAL USE PERMIT In addition to any other penalty and remedy for violation of this Code, it shall be a condition of every conditional use approval that such approval may be revoked for: (1) violation of any condition imposed upon such approval, and St. Lucie County Land Development Code Adopted August 1, 1990 11 - 96 Revised Through 05/16/04 (2) upon complaint and proof of adverse effect on adjacent properties. The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides written consent to the revocation.to the Community Development Director, the Director shall revoke the permit and notify the Board of County Commissioners of the revocation. EXPIRATION OF CONDITIONAL USE PERMIT A conditional use permit shall be valid for the purposes of securing a Building Permit or Certificate of Zoning Compliance for twelve (12) months from the date of approval. Unless a Building Permit or Certificate of Zoning Compliance is secured within twelve (12) months, and construction subsequently undertaken pursuant to such Building Permit, the conditional use permit shall automatically expire unless the permit is extended upon application to the Board of County Commissioners in accordance with Section 11.00.04. J. LIMITATIONS ON APPROVAL FOR CONDITIONAL USES A conditional use permit shall be deemed to authorize only the particular use for which it was issued and shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued fora period of twelve (12) consecutive months. St. Lucie County land Development Code Adopted August 1, 1990 11 - 97 Revised Through 05/15/04 01. LVIPIC VVVIV 1 T PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA NOVEMBER 17, 2011 NOTICE OFTEXTAMENDMENTTOTHE LAND DEVELOPMENT CODE The St Lucie County Planning and Zoning Commission is scheduled to review and make recommendations regarding the following item petitioned by the applicant for adoption by the Board of County Commissioners of St. Lucie County, Florida, by ordinance: ORDINANCE NO.11-035 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE CHAPTER 3.01.03, ZONING DISTRICT REGULATIONS, TO ADD AUTO SUPPLIES (SIC 591) AS A CONDITIONAL USE UNDER RETAIL TRADE IN THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY, PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR CODIFICATION. APPLICANT. AutoZone FILE NUMBER: TLDC-620114295 PURPOSE: TO ADD AUTO SUPPLIES (SIC 5531) AS A CONDITIONAL USE UNDER RETAIL TRADE IN THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT. The Planning and Zoning Commission PUBLIC HEARING on this Rom will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Thursday. November 17.2011 beginning at 6:00 pm or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission should be received by the Planning and Development Services Department - Planning Division at least3 days priorto the scheduled hearing. The petition file is available for review at the Planning and Development Services Department— Planning Offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call (772)462-2822 or TOD (772)462-1428 if you have any questions or require additional information aboutthis petition. The St. Lucie County Planning and Zoning Commission has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approval or disapproval, any applications within their area of responsibility. The proceedings of the Planning and Zoning Commission are electronically recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made. by the Planning and Zoning Commission with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428. PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/CRAIG MUNDT, CHAIRMAN PUBLISH DATE: November 6, 2011 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VII-C DATE: January 3, 2012 REGULAR [ ] PUBLIC HEARING [ x ] CONSENT[ ] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 12-001 - Amending Section 1-20-07 Parking restricted on certain streets of the Code of Ordinances of St. Lucie County to Further Restrict Parking on South 351h Street; Providing for Conflicting Provisions; Providing for Severability; Providing for Applicability; Providing for Filing with the Department of State; Providing Effective Date; Providing for Adoption; And Providing for Codification BACKGROUND: See CA No. 11-1677 PREVIOUS ACTION: Permission to advertise was granted by Board of County Commissioners on December 6, 2011. The Notice of Intent was published in the Tribune on December 24, 2011. RECOMMENDATION CONCLUSION: Staff recommends that the Board adopt the attached Ordinance No. 12-001 and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: Review and Approvals [X] County Attorney: [ ]Management £t Budget: Daniel McIntyre [] Road a Bridge.: [) Parks a Recreation Director [ ]Finance:(check for copy only, if applicable) CONCURRENCE: Faye W. Outlaw, MPA County Administrator [ ]Purchasing: [ ] Solid Waste Mgr. Effective 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 11-1677 DATE: January 3, 2012 SUBJECT: Ordinance No. 12-001 - Parking Restrictions BACKGROUND: County Staff recommends that parking restrictions be extended on the west side of South 351h Street because of safety issues occurring as a result of cars parked in the right-of-way. Please see email from the Traffic Operations Supervisor, attached. Ordinance No. 12-001 has been drafted to amend the County Code to be consistent with State law. Permission to Advertise was approved by the Board of County Commissioners on December 6, 2011. The Notice of Intent was published in the News Tribune on December 24, 2011. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners adopt Ordinance No. 12-001 and authorize the Chairman to sign the Ordinance. Respe tfull submit , Daniel S. Mclnt re County Attor y Attachment Carol Bisho From: Heather Smith Sent: Tuesday, November 22; 20118:43 AM To: 'MonahanM@stluciesheriff..com' Cc: Carol Bishop; Daniel McIntyre Subject: FW: Ordinance No. 12-001 - Parking Restrictions Major Monahan, Please see, below, the answer to your question regarding Will Fee Road. Please let us know if you have any further comments on the Ordinance. Thank you, Heather -----Original Message ----- From: Ann Amandro Sent: Tuesday, November 22, 2011 8:41 AM To: Heather Smith Cc: Daniel McIntyre Subject; RE: Ordinance No. 12-001- Parking Restrictions Heather: According to Marty Sanders they have been talking about building a school there in the future. I can't see any harm in leaving the signs on Will Fee, we would just have to turn around and re -do them in the future. Ann -----Original Message ----- From: Heather Smith Sent: Tuesday, November 22, 2011 8:31 AM To: Ann Amandro Cc: Daniel McIntyre Subject: FW: Ordinance No. 12-001- Parking Restrictions Hi Ann, We sent the 35th street parking ordinance to the Sheriff's Office for comment and Major Monahan asked the question below. Thanks, Heather -----Original Message ----- From: Carol Bishop Sent: Tuesday, November 22, 2011 8:14 AM To: Heather Smith Subject: FW: Ordinance No. 12-001- Parking Restrictions 1 -----Original Message ----- From: Michael Monahan [mailto:MonahanM@stluciesheriff.com] Sent: Monday, November 21, 2011 9:26 PM To: Carol Bishop; Garry Wilson Subject: RE: Ordinance No. 12-001- Parking Restrictions On line 111 regarding Will Fee Road is there a reason to leave that since there is no school there any longer? The only reason may be if they intend to build a new school there some day From: Carol Bishop [bishopc@stlucieco.org] Sent: Monday, November 21, 2011 11:11 AM To: Michael Monahan; Garry Wilson Subject: Ordinance No. 12-001- Parking Restrictions Please review the attached ordinance and advise if you have any comments. Thank you. Carol Bishop Legal Assistant St. Lucie County Attorney's Office 2300 Virginia Avenue Fort Pierce, FL 34982 (772) 462-1419 (772) 462-1440 (fax) bishopc@stlucieco.org<maiIto: bishopc@stlucieco.org> NOTICE: All communications, including attachments, sent to or received by this Office are considered public record and subject to disclosure. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication, if you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 3 t Heather Smith From: Heather Smith . Sent: Tuesday, November 08, 2011 10:14 AM To: Heather Smith Subject: South 35th Street From: Ann Amandro Sent: Tuesday, November 08, 2011 9:40 AM To: Heather Young Subject: South 35th Street Heather: The reason St. Lucie County would like to extend the "No Parking", on the right-of-way, on the West side of South 35th St is due to the fact that IRSC has built a parking lot and a cross walk within these parameters. The students and/or faculty are still parking in the County Right -of -Way which is creating an issue. If you need additional information please let me know. Thank you Ann dqan c/f. Oqina/Ldtc cTca fflc dpetationb ffiupetv"ot Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 1 Heather Smith From: Carol Bishop Sent: Tuesday, November 22, 2011 8:14 AM To: Heather Smith Subject: FW: Ordinance No. 12-001 - Parking Restrictions -----Original Message ----- From: Michael Monahan [mailto:MonahanM@stluciesheriff.com] Sent: Monday, November 21, 2011 9:26 PM To: Carol Bishop; Garry Wilson Subject: RE: Ordinance No. 12-001- Parking Restrictions On line 111 regarding Will Fee Road is there a reason to leave that since there is no school there any longer? The only reason may be if they intend to build a new school there some day From: Carol Bishop [bishopc@stlucieco.org] Sent: Monday, November 21, 2011 11:11 AM To: Michael Monahan; Garry Wilson Subject: Ordinance No. 12-001- Parking Restrictions Please review the attached ordinance and advise if you have any comments. Thank you. Carol Bishop Legal Assistant St. Lucie County Attorney's Office 2300 Virginia Avenue Fort Pierce, FL 34982 (772) 462-1419 (772) 462-1440 (fax) bishopc@stlucieco.org<mailto:bishopc@stlucieco.org> NOTICE: All communications, including attachments, sent to or received by this Office are considered public record and subject to disclosure. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Heather Smith From: Donald Pauley Sent: Monday, November 21, 201111:09 AM To: Heather Smith; Don West; Michael Powley Cc: Daniel McIntyre Subject: RE: Ordinance No. 12-001 Thanks Heather, looks good. Don From: Heather Smith Sent: Monday, November 21, 2011 9:38 AM To: Donald Pauley; Don West; Michael Powley Cc: Daniel McIntyre Subject: Ordinance No. 12-001 Good morning all, Please look over the attached ordinance and let me know if you have any comments. Thanks, Heather Heather Smith, Esq. Assistant County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 Phone: (772) 462-1441 Fax: (772) 462-1440 Email: smithh(a-)stlucieco.org Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 1 Heather Smith From: Michael Powley Sent: Monday, November 21, 2011 9:39 AM To: Heather Smith Subject: RE: Ordinance No. 12-001 Misspelling of Cortez on line 101..... Michael Powley County Engineer Ext. 1667 From: Heather Smith Sent: Monday, November 21, 2011 9:38 AM To: Donald Pauley; Don West; Michael Powley Cc: Daniel McIntyre Subject: Ordinance No. 12-001 Good morning all, Please look over the attached ordinance and let me know if you have any comments. Thanks, Heather Heather Smith, Esq. Assistant County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 Phone: (772) 462-1441 Fax: (772) 462-1440 Email: smithh(a,stlucieco.org Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and ! or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 1 I ORDINANCE NO. 12-001 2 AN ORDINANCE AMENDING SECTION 1-20-17 PARKING RESTRICTED 3 ON CERTAIN STREETS OF THE CODE OF ORDINANCES OF ST. LUCIE 4 COUNTY TO FURTHER RESTRICT PARKING ON SOUTH 35T" STREET; 5 PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR 6 SEVERABILITY; PROVIDING FOR APPLICABUITY; PROVIDING FOR FILING 7 WITH THE DEPARTMENT OF STATE; PROVIDING EFFECTIVE DATE; 8 PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION 9 WHEREAS, the Code of Ordinances of St. Lucie County restricts parking on South 35th Street; and 10 WHEREAS, it is necessary for the health and safety of the public to further restrict parking on 11 South 35th Street. 12 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, 13 Florida: 14 PART A. CHAPTER 1-20 TRAFFIC of the Code of Ordinances of St. Lucie County, Florida, is 15 amended as follows: 16 ARTICLE II. STOPPING, STANDING AND PARKING, 17 DIVISION 1. GENERALLY 18 SECTIONS 1-20-16 THROUGH 1-20-16.4: NO CHANGES 19 SECTION 1-20-17 PARKING RESTRICTED ON CERTAIN STREETS 20 (a) The term "parking" as used herein means the standing of a vehicle, whether occupied or not, 21 otherwise than temporarily for the purpose of and while actually engaging in loading or unloading 22 merchandise or passengers as may be permitted by law. 23 (b) The parking of motor vehicles, except in cases of emergency, is hereby prohibited on the right- 24 of -way of the following roads or streets, or indicated portions thereof, at all times unless otherwise 25 indicated: 26 Angle Road, (both sides) from its intersection of Orange Avenue north to its intersection with Avenue B. 27 Angle Road, within three hundred (300) feet of its intersection with Avenue D. 28 Angle Road, within three hundred (300) feet of its intersection with Avenue Q. 29 Angle Road, within three hundred (300) feet on either side of the entrance to Westwood High School. 30 Arnold Road, the entire length of the right-of-way, from South 35th Street west to South 39th Street. StFUG�,� ; portions are deleted. Underlined portions are added. 2 31 Atlantic Beach Boulevard, the entire length of the right-of-way, from Shorewinds Drive to its end, North 32 Jetty. 33 Avenue D, within three hundred (300) feet of its intersection with Angle Road. 34 Avenue Q within two hundred (200) feet of its intersection with Angle Road. 35 Barrel Avenue, (both sides), four hundred ninety (490) feet east from Oleander Avenue to the dead end. 36 Beach Avenue, (east side), within one hundred (100) feet of its intersection with Shady Lane. 37 Beach Avenue, (west side), within one hundred (100) feet south of its intersection with Shady Lane. 38 Beach Avenue, (west side), within one hundred fifty(150) feet north of its intersection with Shady Lane. 39 Bell Avenue, (south side), from the intersection of Oleander Avenue westerly approximately seven 40 hundred (700) feet. 41 Chamberlin Blvd., (north side), from one hundred forty (140) feet east of its intersection with U.S. 42 Highway 1 (S.R. 5) for a distance of three hundred (300) feet to a point four hundred forty (440) feet 43 east of its intersection with U.S. Highway 1 (S.R. 5). 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Cortez Boulevard, (both sides), from its intersection with 25th Street west for a distance of two hundred fifty (250) feet. Darter Court, (both sides), from its intersection with Okeechobee Road to the east end. Edwards Road, from Will Fee Road west to Maravilla Boulevard, between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday. Elm Avenue, the entire length of the right-of-way, from West 1st Street to West 2nd Street, Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. Everglades Blvd., (center island) from its intersection of south shores road northerly to the end of the center island for a total distance of seven hundred fourteen (714) feet. Flamingo Boulevard, the entire length of the right-of-way. Glades Cut -Off Road, five hundred (500) feet on either side of the landfill entrance and on both sides of Glades Cut -Off Road. Glades Cut -Off Road, within three hundred fifty (350) feet in all directions of its intersection with Midway Road. Indrio Road, (both sides), from the projected centerline of Indian Pines Village Entrance five hundred (500) feet east and five hundred (500) feet west; for a total distance of one thousand (1,000) feet. StFUGk thFOUg# portions are deleted. Underlined portions are added. 13 60 Jenkins Road, within five hundred (500) feet of its intersection with Orange Avenue (SR 68). 61 Juanita Avenue, (both sides) from its intersection with North 25th Street (SR 615) west approximately 62 four hundred forty (440) feet. 63 Metzger Road, (both sides) the entire length of the right-of-way, two hundred (200) feet on the north 64 side and two hundred forty-five (245) on the south side from Angle Road to N. 39th Street., 65 Midway Road, (CR 712) (both sides), from its intersection with Okeechobee Road (SR70) a distance of 66 one thousand nine hundred (1,900) feet to the West right-of-way line of North St. Lucie Water Control 67 District Canal #85. 68 Midway Road, (south side) within three hundred (300) feet of its intersection with 25th Street. 69 Midway Road, within three hundred fifty (350) feet in all directions of its intersection with Glades Cut- 70 Off Road. 71 Moorings Lane, the entire length of the right-of-way, from North Ocean Drive to Oak Drive. 72 Naco Road (south side), from its intersection with Old Dixie Highway West a distance of approximately 73 one thousand fifty-six (1,056) feet. 74 North 39th Street, (both sides) the entire length of the right-of-way, two hundred ten (210) feet on the 75 east side and two hundred forty-four (244) feet on the west side from the Metzger Road intersection 76 and two hundred fifty (250) feet south of the Metzger Road intersection (both sides). 77 North Cortez Avenue, (both sides) from its intersection with 25th Street west for a distance of two 78 hundred fifty (250) feet. 79 North Ocean Drive, the entire length of the right-of-way, from Sea Oats Drive to Shorewinds Drive. 80 Oak Drive, the entire length of the right-of-way. 81 Old Dixie Highway (both sides), from its intersection with Naco Road south a distance of approximately 82 one thousand fifty-six (1,056) feet. 83 Oleander Avenue, from the entrance to the State Farmers Market, southerly approximately five hundred 84 (500) feet. 85 Oleander Avenue, (east side), from West 1st Street to just south of the White School property, Monday 86 through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. 87 Peacock Road, (both sides) from its intersection with Okeechobee Road (SR 70) south a distance of three 88 thousand twenty (3,020) feet, tFuGl g* portions are deleted. Underlined portions are added, 14 89 Peters Road, (both sides) from its intersection of State Road 70 (Okeechobee Road) for the entire length 90 to the end of the existing pavement. 91 Sea Oats Drive, the entire length of the right-of-way, from North Ocean Drive to Oak Drive. 92 Shady Lane, within one hundred (100) feet of its intersection with Beach Avenue. 93 Shorewinds Drive, the entire length of the right-of-way, from North Ocean Drive to Atlantic Beach 94 Boulevard. 95 South 33rd Street, (west side), the entire length of the right-of-way from Peterson Road to Whiteway 96 Dairy Road. 97 South 35th Street, (west side), for a distance of one hundred sixty-five (165) feet north of the centerline 98 of Arnold Road and a distance of ne hundred seventy (70) one thousand seven hundred and fifty four 99 1754 feet south of the centerline of Arnold Road, ending just north of Cortez Boulevard. 100 South 36th Street, the entire length of the right-of-way, from Virginia Avenue south to Arnold Road. 101 Tamarind Drive, the entire length of the right-of-way, from Shorewinds Drive to Flamingo Boulevard. 102 Tumblin Kling Road, within four hundred (400) feet west of its intersection with U.S. Highway 1. 103 Weatherbee Road, (both sides), from its intersection of U.S. Highway 1 to its east to its intersection with 104 Pressler Lane. 105 West 2nd Street, (north side), from Elm Avenue east to Oleander Boulevard, Monday through Friday, 106 between the hours of 7:00 a.m. and 4:00 p.m. only. 107 West 2nd Street, entire length of right-of-way, from Elm Avenue west to Cypress Street, Monday 1:08 through Friday, between the hours of 7:00 a.m. and 4:00 p.m. only. 109 Will Fee Road, between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. 110 Windham Lane, the entire length of the right-of-way, from Atlantic Beach Boulevard to Oak Drive. 111 50th Street, within two hundred (200) feet of its intersection with Angle Road. 112 (c) The road superintendent of the county is directed to erect the necessary signs on the roads and 113 streets, or portions thereof, covered by this section to advise the public that parking is prohibited at all 114 times or during certain times, as provided in this section. 115 (d) Penalties for violation of this section shall be in accordance with state law. 116 1-20-18: NO CHANGES 117 StFuek thFeugli portions are deleted. Underlined portions are added. g I5 118 PART B. CONFLICTING PROVISIONS. 119 Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County 120 ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby 121 superseded by this ordinance to the extent of such conflict. 122 PART C. SEVERABILITY. 123 If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or 124 void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any 125 provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding 126 shall not affect its applicability to any other person, property, or circumstance. 127 PART D. APPLICABILITY OF ORDINANCE. 128 This ordinance shall be applicable in the unincorporated area of St. Lucie County. 129 PART E. FILING WITH THE DEPARTMENT OF STATE. 130 The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of 131 Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. 132 PART F. EFFECTIVE DATE. 133 This ordinance shall take effect upon filing with the Department of State. 134 PART G. ADOPTION. 135 After motion and second, the vote on this ordinance was as follows: 136 Chris Dzadovsky, Chairman XXX 137 Tod Mowery, Vice Chairman XXX 138 Commissioner Paula A. Lewis XXX 139 Commissioner Frannie Hutchinson XXX 140 Commissioner Chris Craft XXX 141 PART H. CODIFICATION. 142 Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and 143 the word "ordinance" may be changed to "section", "article", or other appropriate word, and the 144 sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, 145 however, that parts B through H shall not be codified. «...,.'ugh portions are deleted. Underlined portions are added. 16 P' 147 148 ATTEST: 149 150 151 152 153 154 155 156 157 PASSED AND DULY ADOPTED this Deputy Clerk RFU R,;;9Ug„ portions are deleted. Underlined portions are added, day of 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney t AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. DATE: January 3, 2012 REGULAR[ x ] PUBLIC HEARING[ ] CONSENT[ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Request for Board of County Commissioners to declare unsafe the structure located at 101 Berger Road, Fort Pierce. BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: See attached memorandum CA 11-1656. Other Contractual Services, Acct. No. 102-2415-534000-200 After inspection, the Building Official declared the structure unsafe and a public nuisance on December 8, 2011. Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, staff recommends that the Board declare the structure located at 101 Berger Road, Fort Pierce, Florida to be unsafe and that the Board hold a public hearing on February 21, 2012 at 7:00 pm or as soon thereafter as possible to take such further action as is appropriate under Article III of Chapter 2-5 of the Code. Review and Approvals [X] County Attorney: Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator [X] Code Compliance Manager jn� Robin Meyer r INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 11-1656 DATE: January 3 y 2012 SUBJECT: Request for Board of County Commissioners to declare unsafe the structure located at 101 Berger Road, Fort Pierce BACKGROUND: Under the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, the building located at 101 Berger Road, Fort Pierce, Florida was inspected on December 8, 2011; where it was determined to be unsafe and to constitute a public nuisance. A copy of the Certified Report of Inspection of the Structure describing the condition of the building for filing with the Board is attached to this memorandum. RECOMMENDATION/CONCLUSION: Underthe provisions ofSection 2-5-43, it is recommended that the Board accept the Certified Report of Inspection of Buildings for filing and declare the building to be unsafe and that a public hearing be held so that the Board may take such further action as is appropriate with regard to the unsafe building at 101 Berger Road, Fort Pierce, Florida. KB/cb Encl. I:\CB H Drive\AgendaMemo-KB-Berger Roadmpd Respectfully submitted, Katherine Barbieri Assistant County Attorney BUILDING OFFICIAL REPORT DATE: December 8, 2011 ADDRESS: 101 Berger Road The building at the above referenced add Vandalism and is manifestly unsafe and dwelling. This building in its current cond Specific conditions which exist wood, plumbing, electrical, r be cleared and the remaining :) lapsed Roof, missing siding and /o totally destroyed. Debris must cture taken down. Under the provisions of S t 1 9—of the Standard Housing Code, the building located at 101 Berger . 's mined to be UNSAFE. This property must be brought into complian by oving all structures and debris within 30 days or this property ill b to the Board of County Commissioners for Condemna ' ro a S. Ken Arnold Building Official — St. Lucie County, Florida KA/dab •operty Appraiser - St.Lucie County, FL erry L Jones Record: 1 of 1 roperty Identification Me Address: 101 Berger St ;ec/Town/Range: 09 :35S :39E 01ap ID: 23/09N zoning: AG-1 iwnership and Mailing Dwner: Terry L Jones Bobbiann Jones 4ddress: 101 Berger St Fort Pierce FL 34945-2002 .ales Information Date Price Code Deed 7/28/1992 100 01 WD 4/1/1973 15500 00 CV YN:TtO OaA•i10 i1AlQO !xterior Features Page 1 of 1 PROPERTY RECORD CARD «Prey Next» Spec.Assmnt Taxes Exemptions Permits Home Print PafcellD: 2309-501-0001-000-9� Account #: 13326 Land Use: Mob Homes City/Cnty: St Lucie County �r .N + . Legal Description R G ALLEN S/D-AN UNRECORDED PLATIN SEC 9 35 39- BLK 1 LOT 1 (0.67 AC) (OR 801-743) Assessment 2011 Final Total Land and Building Book/Page 2011 Final: 29200 Land Value: 22300 Acres: 0.67 0801 / 0743 Assessed: 25001 Building Value: 6900 0213 / 0977 Ag.Credit: 0 Finished Area: 720 SgFt Exempt: 10401 Taxable: 14600 Taxes: 297.03 BUILDING INFORMATION View: RoofCover: - RoofStruct: ExtType: MHL - MHL YearBit: 1973 Frame: Grade: H - H EffYrBit: 1978 PrimeWall: StoryHght: 0010 - 1 Story No.Units: 1 SecWall: -iterior Features ;edRooms: 0 Electric: - PrmintWail: - ullBath: 0 HeatType: AvgHt/Fl: STD /2Bath: 0 HeatFuel: Prm.Flors: - 'A/C: 0 %Heated: 0 %Sprinkled: 0 ipecial Features and Yard Items Land Information 'ype Y/S Qty. Units Qual. Cond. YrBit. No. Land Use Type Measure ;NC2 - CONCRETE LOW Y 1 396 AV AV 1976 1 0200-Mob Homes 220 -Front Ft 183.14999 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. 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