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HomeMy WebLinkAboutJuly 3, 2012 Agenda PacketJQSEPH E. SMITH,. CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE i) 3431559 OR HOOK 3163 PAGE 203; Recorded 01/19/2010 at 02:08 PM r.. � iac'. Ibis lmtrument prepared by: FRANK H. FEE, Ill. ESO. of �� a FEE. DeROSS & FEE 426 Avenue A Fort Pierce. FL 34950, USA FEE SIMPLE DEED OF DONATION THIS FE M L DEED OF AT] , ade thi ay (t' $a 2 by DAVIS WALS J NES, whose i ing ad a hal 8gen 128, tr, 11441 oc olm, Sweden, he Ina er called or", t S CIE COU Y, political su iv o oft F a, w 'ling dre is 2300 Virginia Ave ue. 'ort Pierce. Flo 34982, US rei er called" tee". WffNESSETH, that Grantor, intending to make a donation of land. hereby donates, grants. conveys, and confirms to Grantee all that certain land situate in St. Lucie County, Florida, to -wit: Lot 18, Block 56, INDIAN RIVER ESTATES UNIT EIGHT, according to the map or plat thereof, as recorded In Plat Book 10, Page 73, of the Public Records of St. Lucie County, Florida. Grantor states that the above -described tat is vacant land, and that it is not now, nor has It t bomestes of Gra ed by the Con on. IS D D gi Gran d cep by rant it the de land' g t the sc ' land is p is"; "when is' and itit all fain itle is on ed ithout ties or representai n ther than G to s ri to the e. By t acc ranee and gof this Deed. G affirmative ves ar Y cl ' have, or cla' to ave. against G t in respec v descri 1 now, or at any time in the future. CORDING ee Simple nation, Gran leases Grantor from any and all claims, demands, actions, or causes of action, whether for unpaid ad valorem real property taxes, benefit assessments, or otherwise, of whatsoever kindand character, both in law and in equity. from the beginning of time through the execution and delivery of this Fee Simple Deed of Donation whicharise, or have arisen out of or related, directly or indirectly, to the herein described laud:" TO HAVE AND TO. HOLD the same in fee simple forever. IN TNESS WHEREOF cantor has signed and sealed thempresents the day and year fi abo n. toe of Grantor p rs an t ng. on Wee N t oft E. • OIR HOOK 3163 PAGE 204 lConfinuallon of Fee Simple DeW of Donation by Davis Jones (Sweden) to St Luele County, Florida (USA)) Signed, sealed and delivered in the presence of Witness Si re alsh ]ones (Grantor) t t7 of Narne of Muliss D Signature Printed N o fitness STOCKHOUL SWEDEN I hereby certify that on this day, before me personally appeared DAVIS WALSH JONES. known to me to be the person described in, and who executed, the foregoing instrument. who acknowledged before me that he executed the same, and an oath was not taken. Said person provided the following type of identification: Swedish !)rivers Licefise with No. 361030-9696. fitness in a and o in] seal i ockhol w last said. is 1 s y of ce 009 NOTARY SEAL Qu N Sign i P me Notary Name: Pontus Sk gh r. ad o,• Inde 49 e Commission Exp.: Indefinite The space below [except for paginationj has been left intentionally blank. COcr D O 1 of 1 f p RESOLUTION NO. 12-129 A RESOLUTION ACCEPTING AN EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: The foregoing Easement Number 32470 from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida is duly accepted on behalf of St. Lucie County this 3rd day of July 2012. ATTEST: Deputy Clerk s:\attV\resoltn\2012\12-129.wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney This Easement was prepared by: Joseph Duncan, Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection, MS 130 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 OAE1 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA i i# il-j 34Z - * 0 Easement Number 32470 THIS EASEMENT, made and entered into this day of 20_, between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, acting pursuant to its authority set forth in Section 253.03, Florida Statutes, hereinafter referred to as "GRANTOR", and ST. LUCIE COUNTY, FLORIDA, hereinafter referred to as "GRANTEE". WHEREAS, GRANTOR is the owner of the hereinafter described real property, which is managed by The University of Florida Board of Trustees under Lease Number 2592("managing agency"); and WHEREAS, GRANTEE desires an easement across the hereinafter described real property for the installation and maintenance of utilities, pedestrian access and access improvements; and WHEREAS, the managing agency has agreed to the proposed use of the land subject to this easement. NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants and agreements hereinafter contained, has granted, and by these presents does grant unto GRANTEE, a non-exclusive easement across the following described real property in St. Lucie County, Florida, to -wit: (See Exhibit "A" Attached) subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: GRANTORIS responsibilities and obligations herein shall be exercised by the Division of State Lands, State of Florida Department of Environmental Protection. 2. TERM: The term of this easement shall be for as long as the easement is used for the purpose for which it, was granted, commencing on the date the easement is executed by all parties. 3. USE OF PROPERTY AND UNDUE WASTE: This easement upon and across the property described in Exhibit "A" shall be limited to installation and maintenance of utilities, pedestrian access and access improvements during the term of this easement. This easement shall be non-exclusive. .GRANTOR retains the right to engage in any activities on, over, across or below the V easement area which do not unreasonably interfere with GRANTEE'S exercise of this easement and further retains the right to grant compatible uses to third parties during the term of this easement. GRANTEE shall dispose of, to the satisfaction of GRANTOR, all brush and refuse resulting from the clearing of the land for the uses authorized hereunder: If timber is removed in connection with clearing this easement, the net proceeds derived from the sale of such timber shall accrue to GRANTOR. GRANTEE shall take all reasonable precautions to control soil erosion and to prevent any other degradation of the real property described in Exhibit "A" during the term of this easement. GRANTEE shall not remove water from any source on this easement including, but not limited to, a watercourse, reservoir, spring, or well, without the prior written approval of GRANTOR. GRANTEE shall clear, remove and pick up all debris including, but not limited to, containers, papers, discarded tools and trash foreign to the work locations and dispose of the same in a satisfactory manner as to leave the work locations clean and free of any such debris. GRANTEE, its agents, successors, or assigns, shall not dispose of any contaminants including but not limited to, hazardous or toxic substances, petroleum, fuel oil, or petroleum by-products, chemicals or other agents produced or used in GRANTEE'S operations, on this easement or on any adjacent state land or in any manner not permitted by law. GRANTEE shall be liable for all costs associated with any cleanup of the subject property which is a result of GRANTEE'S operations and use of the subject property. Upon termination or expiration of this easement GRANTEE shall restore the lands over which this easement is granted to substantially the same condition as existed on the effective date of this easement. GRANTEE agrees that upon termination of this easement all authorization granted hereunder shall cease and terminate. If the lands described in Exhibit "A" are under lease to another agency, GRANTEE shall obtain the consent of such agency prior to engaging in any use of the real property authorized herein. 4. ASSIGNMENT: This easement shall not be assigned in whole or in part without the prior written consent of GRANTOR. Any assignment made either in whole or in part without the prior written consent of GRANTOR shall be void and without legal effect. Page 2 of 12 Easement No. 32470 R 09/11 14 5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect this easement and the works of GRANTEE in any matter pertaining to this easement. 6. NON-DISCRIMINATION: GRANTEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicaps, or marital status with respect to any activity occurring within this easement or upon lands adjacent to and used as an adjunct of this easement. 7. LIABILITY: Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 8. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent upon and subject to GRANTEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 9. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this easement in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior . authorization has been obtained from the State of Florida Department of State, Division of Historical Resources. 10, PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the lands underlying this easement is held by GRANTOR. GRANTEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property of GRANTOR including, but not limited to, mortgages or construction liens against the real property described in Exhibit "A" or against any interest of GRANTOR therein. 11. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this easement shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Page 3 of 12 Easement No. 32470 R 09/11 m 12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 13. ENTIRE UNDERSTANDING: This easement sets forth the entire understanding between the parties and shall only be amended with the prior written approval of GRANTOR. 14. TIME: Time is expressly declared to be of the essence of this easement. is. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all financial and other records relating to this easement and GRANTOR shall have the right to audit such records at any reasonable time during the term of this easement. This right shall be continuous until this easement expires or is terminated. This easement may be terminated by GRANTOR should GRANTEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this easement, pursuant to Chapter 119, Florida Statutes. 16. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full responsibility for and shall pay all liabilities that accrue to the easement area or to the improvements thereon including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against this easement. 17. AUTOMATIC REVERSION: This easement is subject to an automatic termination and reversion to GRANTOR when, in the opinion of GRANTOR, this easement is not used for the purposes outlined herein, and any costs or expenses arising out of the implementation of this clause shall be borne completely, wholly and entirely by GRANTEE, including attorneys' fees. 16. RECORDING OF EASEMENT: GRANTEE, at its own expense, shall record this fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen days after receipt, and shall provide to the GRANTOR within ten days following the recordation a copy of the recorded easement in its entirety which contains the O.R. Book and Pages at which the easement is recorded. Failure to comply with this paragraph shall constitute grounds for immediate termination of this easement agreement at the option of the GRANTOR. Page 4 of 12 Easement No. 32470 i R 09/11 19. GOVERNING LAWN This easement shall be governed by and interpreted according to the laws of the State of Florida. 'e 20. SECTION CAPTIONS: Articles, subsections and other captions contained in this easement are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this easement or any provisions thereof. 21. SPECIAL CONDITIONS: The following special conditions shall apply to this easement: None. Page 5 of 12 Easement No. 32470 R 09/11 IN WITNESS WHEREOF, the parties have caused this easement to be executed the day and year first above written. Witness Print/Type Witness Name Witness Print/Type Witness Name BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: (SEAL) SCOTT E. WOOLAM, CHIEF, BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 20 , by Scott E. Woolam, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, acting as agent on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Legality By: DEP Attorney Page 6 of 12 Easement No. 32470 R 09/11 J ST. LUCIE COUNTY, FLORIDA By its Board of County Commissioners F By: Witness Print/Type Name Print/Type Name Witness Title: Print/Type Name Attest: County Administrator and Ex-Of£icio Clerk of the Board of County Commissioners of St. Lucie County Florida (OFFICIAL SEAL) "GRANTEE" STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of 20by and as and on behalf of the Board of County Commissioners of St. Lucie County, Florida. They are personally known to me or have produced as identification. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Page 7 of 12 Easement No. 32470 R 09/11 Exhibit "A" Legal Description An easement for utility purpose, over, under and across a parcel of land lying in Section 14, Township 35 South, Range 39 East, St. Lucie County, Florida. Said easement being more particularly described as follows: The South 15.00 feet of the North 64,00 feet of the Northwest one -quarter (NW'/4) of the Southeast one -quarter (SE %) of said Section 14. LESS and except the West 30.00 feet for right-of-way of Rock Road, Containing 0.46 acres, more or less. Surveyor's Notes: 1) This sketch and legal description is based on office information only and does not represent a boundary survey. 2) Thlq legal description shall not be valid unless: A) Provided in its entirety consisting of 2 sheets, with sheet 2 being the sketch of description. B) Reproductions of the description and sketch are signed and sealed with an embossed surveyors seal. SAW 4PPfiOkF-q Certification �Y _ i)Rta 12 (Not valid without the signature and original raised seal of a Florida licensed Surveyor and Mapper) I hereby certify that the Sketch and Legal Description of the property shown and described hereon was completed under my direction and said Sketch and Description is true and correct to the best of my knowledge and belief. I further certify that this sketch and description meets the Minimum Technical Standards for Surveys set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027 Florida State Statutes. The Sketch and Description is based on information furnished by client or client's representative. ZAK IHa-2 1 — Date of Signature Peter Andersen Professional Surveyor and Mapper Florida Certificate No. 5199 15' UTILITY EASEMENT rM AND LEOAL D6CRIPTiDN FD2®®cyNornAaoototN WqE COUNTY, F'LDRIDA INC08POSLtE]) 6edw NONE Oair 10 O F10 k Gv'.IM NW TD-tOS3--02 PR(11d8H(OIUL S'BA�EYO)Z8 LIrD IfiPPotB �s F atrlfoo L 0 M rw w �sna� N►T. aw �C��-wM O Oran t>X .LA- aNa.a 0.N.S Elwt t OF Z - NO. REVISIONS DATE 6Y COPYRIGHT O 2010 BY GCY. INC.. PROFESSIONAL SURVEYORS AND MAPPERS bmwh9 Nano. TCEMA 10 Utr Eant Exhibit "A" Page 8 of 12 Easement No. 32470 u NORTH 64' OF THE L SOUTH 15' OF NW 1/4 OF SE 1/4 THE NORTH 64' OF SECTION 14 WEST 30' I NW 1/4 OF SE 1/4 OF SECTION 14 II NOTE: 15' UTILITY EASEMENT This drawing does not represent a boundary survey and is based on office information only. rV SKEM AND tEG& DM=PnDN FOR: fQnrsy Mom Afilociot� [ST. waE COUNTY, FlanDA IR•CORPDRIStD i>! ARD IflPP1015 PY07117cm r MOM OMMU °""A0'a'a0NA a O arlx nu,au�c wrlan�tem�sna.tREVISIONS �0-10WaaraAs ' �'t' Rt�d DATE BY [m7 as-te st-'�ee 2 Or 2 O 2MG RY CCY. INC. PROFEMMAL S,IRWYORS AND MAPPERS D-1- Narita: TCMA iD DU Faint Exhibit 'W' Page 9 of 12 Easement No. 32470 0 Legal Description An easement for access, pedestrian and utility purposes over, under and across a parcel of land lying in the Southwest one -quarter (SW'/.) of the Southeast one -quarter (SE'/.) of Section 14, Township 35 South, Range 39 East, St Lucie County, Florida. Said easement being more particularly described as follows: Commence at the Southeast corner of said Section 14; thence along the South line of said Section 14, South 89°46'45' West, a distance of 1357.71 feet to the Southeast comer of aforesaid Southwest one -quarter (SW'/.) of the Southeast one -quarter (SE'/.); thence along the East line of said Southwest one -quarter (SW'/.) of the Southeast one -quarter (SE Y.), North 00'34'50' West, a distance of 90.00 feet to the Point of Beginning said point being on a line 90.00 feet north of and parallel with, as measured at right angles to, the aforesaid South line of Section 14; thence along said line, South 89a46'45' West, a distance of 1277.80 feet; thence North 52"09'18" West, a distance of 23.52 feet to a point on a line 104.50 feet North of, as measured at right angles to, the aforesaid South line of Section 14; thence along said line, North 89"4645' East, a distance of 1258.81 feet; thence North 34'2924' East, a distance of 65.13 feet to the aforesaid East line of said Southwest one -quarter (SW %.) of the Southeast one -quarter (SE'/4), thence along said East line, South 00°3450" East, a distance of 68.04 feet to the Point of Beginning. Contalning 0.45 acres, more or less. ON WROVEO" 14.5' ACCESS/PEDESTRIAN/UTILITY EASEMENT ®� ® SKETCH AND DEsc�Paav: Kfmley Hom om di,Anodata Sr. LUCE COUNTY, FiORIDA INCORPORATED PROFESSIONAL UURMff ! AND IUPPEBB Sode Date M ! Ore.Y,y No, C01IDAYn or �DmDR►71a1 13 4100 NONE 10 011 10-1033-02 aalvW L 631ti 7Al/1N>$ W/a 1 REVISE LEGALOESCRIPr10N 11RiM1 RLI ra aox uea•r�aa rani xac renua nnc Min OX %wake! sent N0. REVISIONS DATE - a% lj �Raea� ,r,A,s I D.%S 1 Dr 3 )OPYRIGHT O 2010 6Y OCY. WQ PROFESSIONAL SURVEYORS AND MAPPERS Drawho Name TCMDA—SS Aaa—Pad Eamt Exhibit "A" Page 10 of 12 Easement No. 32470 Surveyor's Notes: 1) This sketch and legal description is based on office information only and does not represent a boundary survey. 2) This legal description shall not be valid unless: A)Provided in its entirety consisting of 3 sheets, with sheet 3 being the sketch of description. B) Reproductions of the description and sketch are signed and sealed with an embossed surveyor's seal. 3) Bearings shown hereon are referenced to the South line of Section 14, Township 35 South, Range 39 East. Said line bears South 89°4V45' West, Certification (Not valid without the signature and original raised seal of a Florida licensed Surveyor and Mapper) I hereby certify that the Sketch and Legal Description of the property shown and described hereon was completed under my direction and said Sketch and Description is true and correct to the best of my knowledge and belief. I further certify that this sketch and description meets the Minimum Technical Standards for Surveys set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027 Florida State Statutes. The Sketch and Description is based on information fumished by client or client's representative. Date of Signature Peter Andersen Professional Surveyor and Mapper Florida Certificate No. 5199 U.-V ACCESS/PEDESTRIANILITILITY EASEMENT ®®® slc Kl AND LEGAL oEs od FOR: IOnitsy Mom dr Assnodotes Sr. WaE COUNTY, FLOMDA INCDRPOR�TiD PR01L961DIUL a08PETOB6 ARD 1tAPPE� Dd. s a-tV N-- 1�1R OF AUnM11� 18 41M 10 0 10-1053-02 t REVISE LEGAL DESCRIPTION 1121111 RU COI"A"W M TAUAHMM WFU A q! IID •il0 A YIRiM MAT. YMIIIAIRD HIOL IN OreY-& i 51—tNO. REVISIONS DATE BY �//1� PA%cr i ,V � Wmmm - 2 of 3 COPYRIGHT D 2010 BY GCY, INC., PROFESSIONAL SURVEYORS AND MAPPERS Dial-K Namc ICEWA-55 Act.-P*d Eamt Exhibit "A" Page 11 of 12 Easement No. 32470 V N 300 =300' SW 114 OF THE SE 114 ^� OF SECTION 14 al o t0 0) 1 ? i pWp 3 N1 9 ?�� 0.45 ACRES* $ ro N89 4845'E - 1255.81' s��3,� j z S89'46 45 W — 1277.80 e 1 / 14 I 13 SOUTH UNE SECTION 14 ' NSLRWMD CANAL N0. 48 \ S8946'a5"W — 1357.71' V\`S A 23/ 24 E CORNER OF THESW 1/4 I OF THE SE 1/4 SOUTHEAST CORNER SECTION 14 NOTE: 14.5' ACCESS/PEDESTRIAN/UTILITY EASEMENT This drawing does not represent a boundary survey and, is based on.office information only. s aKh AND LEGAL DE *socN FOR: 06 NMI eY Hom AaoCto�s ST. Wf]E COUNTY, FLORIDA I N C O R P O R 1 P E D PROMMONAL HDRFEYON MID WAPPERR Smhe D"It i7a s Drm.bp xu: ONtRIWAM OF 14 01 410E 1'�300' 10 0 70-7083-Q2 coomt�MgrciM'lixCff== t REVISE LEGAL DESCRIPTION t1WI; RLI roast RaL UANANKOw[ pP� N. REVISIONS DATE 9Y paa� iLi tares peq C7�"i�aOv7" J.A.S. D.YLS _ 3 _ _ aF 3 COPYRIGHT O 2010 BY GCY, INC. PROFESSIONAL SURVEYORS AND MAPPERS Dmatrlq Nma: TCERDA-55 Am -Pad Eamt Exhibit "A" Page 12 of 12 Easement No. 32470 Ice PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: _ Tax Roll 114,851,173.- 2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously granted under this section: _ _ Rev lost 42,146. - Tangible only 3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year if the exemption applied for were.granted had the property For which the exemption is requested otherwise subject to taxation: 233_,353. - Tangible only 4. Estimate of the taxable value lost to the County if the exemption applied for were granted: Improvements to real property: 1, 425 , 700 . - Tangible Personal Property: 27 , 749 , 033 . - 5. 1 have determined that the property listed above meets the definition, as defined in Section ]96.012 (15) or (16), Florida Statues, as a New Business[ X, as an Expansion of an Existing Business [) or Neither [ ]. ' 6. Last year for which exemption my be applied: DATE:. Q� a `f , O/ SIGNED:P/F-. 0*'�_?/ 7;4'Vr-1 F L41� e-,e�olvd L "R`7 v r RETURN TO BE FILED NO LATER THAN MARCH ] Updated 03.10.2009 16 R6 PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: _ .... Tax- Roll 114,851,173.00 2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously granted underthis section: Rev lost 25,093.00 — Real Property only 3. Estimate of the revenue which would be lost to the County or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested othenvise subject to taxation: 11, 989.00 — Real Property only 4. Estimate of the taxable value lost to the County if the exemption applied for were granted: Improvements to real property: 1,425,700.00 Tangible Personal Property: 27,749,033.00 5. ]have determined that the property listed above meets the definition, as defined in Section 196.012 (15) or (16), Florida Statues, as a New Business as an Expansion of an Existing Business (X ], or Neither [ ]. 6..Last year for which exemption my be applied: DATE: 5 — 2.`i'r 2-0 � Z_._.. SIGNED: (Prope Appraiser) RETURN TO BE FILED NO LATER THAN MARCH ] 16 Updated 03.10.2009 .1' PASSED AND DULY ADOPTED this day of July 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY. CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY `t Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Directs - Kara Wood, Planning Manager 11V � U FROM: Linda Pendarvis, Planner,.`.` DATE: July 3, 2012 SUBJECT: Village of Sunset Lakes - 12-Month Extension Withdrawal ITEM NO. VII-B This memorandum is to request that Agenda VII-B be withdrawn from the July 3, 2012 Board of County Commissioners public hearing meeting. On May 17, 2012, the applicant submitted a Land Development Code extension request for the Village of Sunset Lakes Preliminary Planned Village (PTV) Site Plan to extend the expiration date from June 15, 2012 to June 15, 2013. Subsequently, House Bill (HB) 503 was adopted, which provides for an automatic two-year extension for the development. The applicant has submitted the attached letter requesting that the Land Development Code 12-Month Extension be withdrawn and a statutory extension be granted. Pursuant to House Bill 503 effective July 1, 2012, the developer has applied for two-year statutory extension, which will extend the Village of Sunset Lakes PTV Preliminary approval until June 15, 2014. Staf#�-soppor-ts-the-applica-nt�&4--equest-t"thdr-a-wthe-L-and-D-evelopm.ent__C-ode_ 12-Mo.nth�Cten.sion-_-_____._--._ and be granted a two year statutory extension under HB 503. TPJAS (4�ASSOCIATFES TOWN PLANNING ARCHITECTURE PRESERVATION RAMON TRIAS, AIA AICP LEED AP RAMON@RAMONTRIAS.COM REGISTRATION NUMBERS AA26001663, AR94425 June 28, 2012 Linda Pendarvis Planner St. Lucie County Administration Building 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Village of Sunset Lakes BOCC Extension Dear Linda: 772 460-1 779 315 ORANGE AVENUE FORT PIERCE, FLORIDA USA 34950 On May 2, 2012, I requested on behalf of the applicant (Sunset Lakes of St. Lucie, LLC) an extension of time for Resolution no.10-028, pursuant Section 11.02.06 (B) of the St. Lucie County Land Development Codes. That request is scheduled for a public hearing before the Board of County Commissioners on July, 3, 2012. Yesterday, Mark Satterlee, Director of Planning and Development Services, stated to me that the request should be reviewed under State of Florida BB 503, which includes provisions for the extension of local government development orders and permits, and takes effect on July 1, 2012. Today, you confirmed this determination. Based on this new information provided by St. Lucie County staff, I am requesting the withdrawal of the current request of an extension of time and the reimbursement of the application fee. I am also requesting that you process an extension of time of two years, pursuant to the provisions of HB 503. Thank you for your assistance. Please do not hesitate to contact me should you need further information. Sincerely, P Ramon Trias, AIA AICP EED AP/CNU-A Principal cc: Mark Satterlee, AICP, Director of Planning and Development Services Valentina Abumohor, Sunset Lakes of St. Lucie County, LLC Received By !Planning Division jUN 2 8 20 2 St Lucie County WWW.RAMONTRIAS.COM Missy Stiadle From: Cheryl Boltz Sent: Friday, June 29, 2012 4:01 PM To: Missy Stiadle Cc: Shai Francis; Millie Feliciano Subject: Revised Warrant List Attachments: doc20120629160223.pdf Importance: High Missy, Warrant List 39 has been replaced with Warrant List 40 due to an additional check run. Please have the Board and Ms. Outlaw approve 40 which contains the accurate weekly total. If you have any questions please do not hesitate to contact me. Thank you! 2010 & 2011 )Slaces 9 work ST. rmcm Ca us CHERYL BOLTZ, ACCOUNT PAYABLE SUPERVISOR FINANCE JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT ST. LUCIE COUNTY, FLORIDA PHONE: 772-462-1492 FAx: 462-1614 WWW.STLUCIECLERK.COM 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. 06/29./12 FZABWARR FUND TITLE 001 001009 001194 001447 001448 001512 001518 001519 001527 001533 001534 001536 001537 001538 001539 001540 001541 001543 001544 101 101001 101002 101003 101004 102 102001 102812 103 107 107001 107002 107003 107006 129 130 130109 130213 140 140362 140372 140374 150 160 183 183001 183004 183006 185012 ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 23-JUN-2012 TO 29-JUN-2012 FUND SUMMARY General Fund Gen -One Time Funding 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.- 10701 S. Ocean Dr. Energy Efficiency & Conservation Bl Metropolitan Planning/Section 5303 FL Energy & Climate Comm HUD Shelter Plus Care 2010 HUD Neighborhood Stab 3 Safe Routes to School Program EMPG FY12 CSBG FY12 Severe Repititive Loss CDBG Disaster Recov Enhanc Prog Transportation Trust Fund. Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Stormwater Ph 3 Law Enforcement MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FTA 5307 Capital and Operating FCTD Trip and Equipment Airport .Fund FDOT Fence Obstruction Lights FDOT Term/Cus Fac Ren Phs 1 FDOT Airport Security Enhancements Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2010-2011 EXPENSES 970, 406.61 98,957.60 81.97 233.13 .11,861.02 177.86 867.98 198,321.30 36.37 50, 000.00 152.31 24,000.00 72.15 106,027.27 80.66 2,362.67 305.71 31.57 11.34 3,338.26 121.54 19,349.81 5,406.51 17,042.16 17,112.38 27,236.10 1,844.27 11,192.82 238,051.99 38,863.17 18,090.52 2,380.53 968.10 16,239.77 6,648.47 203.02 28,717.30 8, 659.23 1,469.20 490.03 29,480.00 149.58 8,987.11 5,392.60 400.00 2,578.62 106.61 4.62 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 06/29/12 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #40- 23-JUN-2012 TO 29-JUN-2012 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 189103 Home Consortium FY 2010 129.05 0.00 189105 HUD Housing Counseling Grant 8.56 0.00 189106 FY 2011 Home Consortium 20,161.8-4 0.00 189107 HUD Housing Counseling Program 45.47 0.00 189203 Hardest Hit fund Advisor Services 35.38 0.00 190 Sports Complex Fund 19,222.22 0.00 242 Port I&S Fund 816.90 0.00 310001 Impact Fees -Library 3,391.90 0.00 401 Sanitary Landfill Fund 126,793.35 0.00 418 Golf Course Fund. 3,911.45 0.00 451 S. Hutchinson Utilities Fund 10,833.00 .0.00 458 SH Util-Renewal & Replacement Fund 64.21 0.00 471 No County Utility District-Operatin 10,109.71 0.00 478 No Cty Util Dist -Renewal & Replace 124.86 0.00 479 No Cty Util Dist -Capital Facilities 98.12 0.00 491 Building Code Fund 1,780.96 0.00 505 Health Insurance Fund 4,226.66 796.80 505001 Property/Casualty Insurance Fund 15,203.52 0.00 611 Tourist Development Trust-Adv Fund 827.67 0.00 625 Law Library 2,243.91 0.00 650 Agency Fund 12,000.00 0.00 801 Bank Fund 65,962.40 0.00 GRAND TOTAL: 2,272,503.78 796.80 SUSTAINABILITY DISTRICT ST.LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 17, 2012 Convened: 10:06 a.m. Adjourned: 10:06 a.m. Commissioners Present: Chairperson, Paula A. Lewis, Frannie Hutchinson, Tod Mowery, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Millie Delgado -Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Dzadovsky, seconded by Com. Hutchinson, to approve the minutes of the meeting held December 20, 2011 and; upon roll call, motion carried unanimously. There being no further business to be brought before the District, the meeting was adjourned. Chairman Clerk of the Circuit Court AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. IV -A DATE: July 3, 2012 REGULAR [x ) PUBLIC HEARING [ ] CONSENT [ ) PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 12-126 Proclaiming the week of July 16, 2012 as "TREASURE COAST WATERWAY CLEANUP WEEK" in St. Lucie County, Florida. BACKGROUND: John Smith, President of the Marine Industries Association of the Treasure Coast has requested that this Board proclaim the week of July 16, 2012 as "TREASURE COAST WATERWAY CLEANUP WEEK" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adoptthe attached Resolution No. 12-126 as drafted. COMMISSION ACTION: CONCURRENCE: [� APPROVED [ ] DENIED [ ] OTHER: — Approved 4.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals X Count �4 [.] v Attornev Daniel S. McIntyre y ADDITION -m AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV-B DATE: July 3, 2012 REGULAR [x J PUBLIC HEARING [ CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 12-138 - proclaiming the month of July 2012 as "MARINE DEBRIS REMOVAL MONTH" in St. Lucie County, Florida. BACKGROUND: Captain Don Voss, Operations Director with the Marine Cleanup Initiative, Inc. has requested that this Board proclaim the month of July 2012 as "MARINE DEBRIS REMOVAL MONTH" in St. Lucie County, Florida. The attached Resolution No. 12-138 has been drafted for that purpose. RECOMMENDATION: Staff recommendsthat the Board adoptthe attached Resolution No. 12-138 as drafted. COMMISSION ACTION: CONCURRENCE: [X) APPROVED [ ] DENIED [ ] OTHER: rJ7 Approved 4.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals X Count Attorney: 'y [) Y Y Daniel S. McIntyre AGENDA REQUEST ITEM NO. VI-B _ Date: July 3, 2012 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: St. Lucie County Health Department -.Termination of Sublease Agreement with The AIDS Research and Treatment Center of the Treasure Coast, Inc. BACKGROUND: See C.A. No. 12-742 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners terminate the Sublease Agreement with The AIDS Research and Treatment Center of the Treasure Coast, Inc. upon thirty (30) days notice due to the unavailability of funding for the sublease. COMMISSION ACTION: CONCURRENCE: rA APPROVED [ ] DENIED [ ] OTHER: Approved 4.0 Faye W. Outlaw, M.P.A., ICMA-CM County Administrator Coordination/Signatures Count Attorney:_�` y Mgt. &Budget: Purchasing: Daniel S. McIntyre Originating Dept.: Other : Other Finance (Check for Copy only, if, applicable): 7 { AGENDA REQUEST ITEM NO. VI-B-2 Date: July 3, 2012 Regular[ ] Public Hearing[ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Treasure Coast Education, Development and Research Park - Resolution No. 12-129 Accepting Trustees of the Internal Improvement Trust Fund (TIITF) Easement for Utilities, Pedestrian Access and Access Improvements BACKGROUND: See C.A. No. 12-714 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 12-129 acceptingthe proposed easementfrom the Trustees of the Internal Improvement Trust Fund (TIITF) forthe Treasure Coast Education, Research and Development Park. COMMISSION ACTION: DQ APPROVED [ ] DENIED [ ] OTHER: , 'Approved 4.0 ill County Attorney:k CONCURRENCE: Faye W. Outlaw, M.P.A., ICMA-CM County Administrator Coordination/Signatures Other: Im rc. Darnels. I yre 4Dnald n'#iley Originating Dept.: Other : Ben DeVries West, P.E. Finance (Check for Copy only, if applicable): Purchasing: Other: Ron Harris, P.L.S. E TO: BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST ITEM NO. VI-B.3 DATE: July3, 2012 REGULAR(] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: "After the Fact" Revocable License Agreement David Langley 3809 South Indian River Drive Two (2) PVC pipes under Indian River Drive right-of-way BACKGROUND: FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A See Attached Memorandum RECOMMENDATION: Staff recommends that the Board approve the "After the Fact" Revocable License Agreement, authorize the Chairman to sign the "After the Fact" Revocable License Agreement and direct Mr. Langley to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [APPROVED [ ] DENIED [ ] OTHER Approved 4.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM [x] County Attorney: Daniel McIntyre [x] Originating Dept: JoAnn Riley Review and Approvals [x] Road and Bridg : Don Pauley [x] Engineering: Mike Powley [x] Public Works4te - __ st AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: County Attorney ITEM NO. VI-B.4 DATE: July 3, 2012 REGULAR [) PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre County Attorney Straticon Final Payment - Escrow Agreement See attached memorandum Staff recommends that the Board approve the Escrow Agreement and authorize the Chairman to sign the Agreement. Staff also recommends that the Board authorize the Finance Directorto wire the final payment of $294,084.53 to the Escrow Agent pursuant to the terms of the Escrow Agreement. COMMISSION ACTION: CONCURRENCE: (] APPROVED [ ) DENIED [) OTHER: Approved 4.0 --�' Amended as approved by the Faye W. Outlaw, MPA County Attorney County Administrator, ICMA-CM Review and Approvals County Attorney: Management & Budget Purchasing: Daniel S. McIntyre Originating Dept, Solid Waste Mgr.; County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 ....... .......... ... . ITEM NO. VI -CI DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works / Road & Bridge Division SUBJECT: Computerized Traffic Signal Enhancement BACKGROUND: See attached memorandum. 7/3/2012 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED B1LT-1_ Donald Pauley Road & Bridge Manager FUNDS AVAILABLE: No Match. 100% funded by Florida Department of Transportation. PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Resolution No. 12-128 and Resolution No. 12-081, and authorization for the Chairman to sign the Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for funds in the amount of $192,555 to enhance the operation of the County's computerized Traffic Signal System. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 4.0 CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator CoordinationlSignatures County Attorney (X) I OMB (Director) Daniel S. Mclntrye Budget Analyst Originating Dept. ( X ) Public Works Donald Pauley (X) Marie Gouin Robert O'Sullivan (X) D n West Page 1 of 2 47 if AGENDA REQUEST ITEM NO. VI-C2 DATE: 7/3/12 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. AVP SUBMITTED BY: Public Works/Engineering Division County Engineer SUBJECT: St. James Sidewalk — Phase 1 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of St. James Sidewalk Phase 1. COMMISSION ACTION: CONCURRENCE: (\/Q APPROVED ( ) DENIED ( ) OTHER Approved 4.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney (x) (� Daniel McIntyre Originating Dept. ( x) -°'$) '1"" Q. nald West St. James Sidewalk Ph 1acceptance Lynch.ag E OMB Director (x) Budget Analyst + t Marie Godin County Engineer ( x)� Michael Powley ITEM NO. VI-D1 DATE: 07/03/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski OIL, SUBMITTED BY: Housing and Community Services/Housing Housing Manager SUBJECT: Hardest Hit Fund (HHF) Revised Contract BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 189203-5420-335510-500 Florida Housing Finance Corp. PREVIOUS ACTION: February 15, 2011 - Board approved HHF Advisor Services contract with Florida Housing Finance Corporation. RECOMMENDATION: Board acceptance of the HHF Advisor Services revised contract with Florida Housing Finance Corporation; and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER_ ------7 Approved 4.0 Faye W: Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( ) OMB Director ( ) �YY►�'� Budget Analyst Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept, Beth Ryder ' ITEM NO. _' VI-D2 DATE: 07/03/12 a AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT _(X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski b'yl— SUBMITTED BY: Housing and Community Services/Housing Housing Manager SUBJECT• Neighborhood Stabilization Program 3 (NSP 3) Action Plan Modification BACKGROUND: See attached memorandum. FUNDS AVAILABLE:001538-5420-549605-500 NSP3 rV + ITEM NO. VI-D3 DATE: 7/03/12 AGENDA REQUEST REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Beth Ryder SUBMITTED BY: Housing and Community Services Director G=-`�" SUBJECT: ' Procedures for Flag Display - Memorial Day BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Resolution No. 12-131 establishing the procedures for displaying the flag on Memorial Day, ` and authorizing, the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: - CONCURRENCE: (�C) APPROVED, O DENIED - OTHER Approved 4.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney (X) Budget Analyst (X) Da&Mcrntyre OMB Sophia Holt Marie Gouih Veteran ( X) Community "(' X ) Services ivv Services Donna Carlsen Stefanie Myers ITEM NO. VI — E DATE: 7/3/2012 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT If TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Toby Long, Director SUBMITTED BY: St. Lucie County Sheriff's Office, Department of Finance & Technology SUBJECT: Authorization to submit an electronic application for the 2012 State Criminal Alien Assistance Program (SCAAP) Grant. BACKGROUND: The St. Lucie County Sheriffs Office is requesting permission to submit an electronic grant application for the U.S. Department of Justice/Bureau of Justice Assistance 2012 State Criminal Alien Assistance Program (SCARP) Grant. This grant is a retroactive reimbursement grant awarded to localities that had to incarcerate undocumented criminal aliens. Based on last year's award, the estimated amount of this grant is $72,780. The actual award amount will be determined by the Department of Justice. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application for the 2012 State Criminal Alien Assistance Grant offered by the U. S. Department of Justice/Bureau of Justice Assistance. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 4.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director Budget Analyst Dan McIntyre Originating Dept. ( ) ERD (Name) Marie Gouin Sophia Holt (Name) ITEM NO. VI-F DATE: 07/03/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ben Balcer SUBMITTED BY: Environmental Resources Department Senior Envii ental Planner Environmental Regulations and Lands Division SUBJECT: Hospice of the Treasure Coast — Release of Surety for the Landscaping Improvement Agreement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: March 24, 2009 - BOCC approval of Improvement Agreement. RECOMMENDATION: Board approval of the release of surety to Hospice of the Treasure Coast for the St. Lucie Counseling Center Landscaping Improvement Agreement in the amount of $118,073, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) OTHER CONCURRENCE: ( ) DENIED Approved 4.0 County Attorney ( x ) Dan McIntyre Originating Dept. ( x ) �3- ERD Karen L. Smith Finance ( x ) Shai rancis Faye.W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director ( x ) Budget Analyst Marie Go Planning & ( x ) Development Services Mark Satterlee AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks, Recreation & Facilities — Golf Course SUBJECT: Golf Course Pump Station BACKGROUND: See attached memorandum. ITEM NO. V1-G1 DATE: 7/3/2012 REGULAR ( ) PUBLIC HEARING LEG. ( ) QUASWD ( ) CONSENT ( x ) PRESENTED BY: Matt Baum �1/J Golf Course Manager FUNDS AVAILABLE: 129-7250-563000-127611 PREVIOUS ACTION: February 7, 2012 - Board approved purchase of a new pump station at the golf course. On May 1, 2012 - Board approval to reject all proposals received for Bid No. 12- 004. RECOMMENDATION: Board approval to award Bid No. 12-030, Vertical Turbine Variable Speed Pump Station, to the lowest responsive and responsible bidder, Flowtronex, of Dallas; Texas, for the amount of $64,607.00 and authorization for the chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 4.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director Budget Analyst Daniel McIntyre Originating Dept.) ERD Edward Matthews Jennf* Hill Desiree Cimino (Name) AGENDA REQUEST ITEM NO. VI-G2 DATE: 7/3/2012 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark DiMascio SUBMITTED BY: Parks, Recreation & Facilities Division Manager SUBJECT: Waiver of Havert L. Fenn Center Rental Fees for the 2012 Fort Pierce Exchange Club Chili Cook Off BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to waive $2,400 in facility rental fees for the 2012 Fort Pierce Exchange Annual Chili Cook Off to be held at the Havert L. Fenn Center as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 4.0 County Attorney ( X ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures OMB Budget Analyst Daniel McIntyre Originating Dept. ( X ) Edward Matthews Marie Gouin Patty Marston PRF Division (X) Manager Mark DiMascio ITEM NO. VI-G3 DATE: 7/3/2012 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark DiMascio SUBMITTED BY: Parks, Recreation & Facilities Division Manager SUBJECT: Waiver of Ravenswood Pool Rental Fees for the St. Lucie County Special Olympics BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to waive $225 in facility rental fees for St. Lucie County Special Olympics for aquatics practice to be held at the Ravenswood Pool as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (Xj APPROVED ( ) DENIED ( ) OTHER Approved 4.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures OMB County Attorney (X) Budget Analyst ( ) Daniel McIntyre Originating Dept. (X )�� PRF Division (X) Manager Edward Matthews Marie Gouin Patty Marston Mark DiMascio TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Planning & Development Services Project Cube — Letter of Intent See attached memorandum. 001009-5215-582000-500 County Job Incentive N/A ITEM NO. VI-H DATE: 07/03/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Michael Brillhart Business & Concurrency !Manager Board authorization to have the County Administrator send a Letter of Intent to offer Project Cube an Ad Valorem Tax Exemption phased over five years and a Job Growth Investment Grant (JGIG) in the amount of $18,000 phased over two years ($9,000 per year). COMMISSION ACTION: ( APPROVED ( ) ( ) OTHER Approved 4.0 County Attorney ( ) Originating Dept. ( ) DENIED ,9, Daniel McIntyre Mark Satterlee CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures _ OMB Director ( ) rn Marie Gouin Budget Analyst ( ) Sophia Holt AGENDA REQUEST ITEM NO.. VII-A DATE: July 3; 2012 REGULAR [ ] PUBLIC HEARING [ x ] CONSENT[ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Ordinance No. 12-011 - Lot Clean-up BACKGROUND: See CA No. 12-0683 PREVIOUS ACTION: Permission to advertise was granted by Board of County Commissioners on May 1, 2012. The Notice of Intent was published in the Tribune on June 20, 2012. RECOMMENDATION CONCLUSION: Staff recommends that the Board adopt the attached Ordinance No. 12-011 and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: CONCURRENCE: Djj APPROVED [ ] DENIED [ ] OTHER: Approved 4.0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: I [ ]Management & Budget: Daniel McIntyre [ ] Road 8 Bridge.: [) Parks 8 Recreation Director ]Finance:(check for copy only, if applicable) [ ]Purchasing: [ ] Solid Waste Mgr Effective 5/96 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning and Development Services Department Planning Division SUBJECT: Village of Sunset Lakes —12-Month Extension BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A ITEM NO. VII-B DATE: 07/03/12 REGULAR ( ) PUBLIC HEARING (X) LEG. ( ) QUASWD (X) CONSENT ( ) PRESENTED BY: it" ' Linda Pendarvis Planner PREVIOUS ACTION: June 15, 2010 — BOCC approved Preliminary Planned Town or Village (PTV) Site Plan and Rezoning. RECOMMENDATION: Board approval of Resolution No. 12-021 providing for a 12-month extension for the Village of Sunset Lakes PTV Site Plan, as outlined in the agenda memorandum. CONCURRENCE: COMMISSION ACTION: (�) APPROVED ( ) DENIED ( ) OTHER Motion to approve withdraw of the Land Development Code 12- Faye W. Outlaw, MPA Month Extension and be granted ICMA-CM Approved 4.0 a two year statutory extension County Administrator, under HB 503. COORDINATION/SIGNATURES County Attorney (X) i County Surveyor ( ) Daniel S. McIntyre Ron Harris County Engineer ( ) ERD (X) Michael Powley Karen Smith Originating Dept. (X) his OMB ( ) Ma k Satterlee Marie Gouin Purchasing ( ) Melissa Simberlund TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: ITEM NO. VII-C DATE: 07/03/12 AGENDA REQUEST REGULAR ( ) BOARD OF COUNTY COMMISSIONERS Planning and Development Services Department Rezoning Request — St. Lucie County Utilities See attached memorandum. N/A PUBLIC HEARING (X ) LEG. ( ) QUASI -JD (X ) CONSENT ( ) PRESENTED B : Linda Pendarvis Planner December 15, 2009 — BOCC granted permission to advertise public hearings. January 21, 2010 — P&Z Commission continued to May 20, 2010. May 20, 2010 - P&Z Commission continued to August 19, 2010. August 19, 2010 — P&Z Commission continued to October 21, 2010. October 21, 2010 — P&Z Commission continued to February 17, 2011. February 17, 2011 — P&Z Commission forwarded recommendation of denial. RECOMMENDATION: Board authorization to schedule the second required public hearing for an amendment to the Official Zoning Atlas on July 17, 2012 at 9:00 AM, or as soon thereafter as possible, as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER Approved 4.0 Faye W. Outlaw, MPA County Administrator Coord1nation/Signatures County Attorney (X ) Count Surveyor X ) Daniel S. McIntyre Ron Harris County Engineer (X) �I'44 ERD (X ) � Michael Powley Karen Smith Originating Dept. ( X) OMB ( ) Mark Satterlee Marie Gouin AGENDA REQUEST COUNTY • TO: BOARD OF COUNTY COMMISSIONERS b ITEM NOV( DATE: July 3, 2012 REGULAR [] PUBLIC HEARING [XX] CONSENT [] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 12-012 - Economic Ad Valorem Tax Exemption - Allied New Technologies BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 12-012 and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: CONCURRENCE: APPROVED [ J DENIED ----- [ J OTHER: -------- Approved 4.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM L Review and Approvals County Attorney: Management & Budget Purchasing: _ Daniel S' jMcIntyre Originating Dept. A Fes- Solid Waste Mgr.: County Eng.: Michael Brillhart Finance: (Check for copy only, if applicable) Eff. 5/96 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Environmental Resources Department Environmental Regulations and Lands Division SUBJECT: Huneke Shoreline Variance Request BACKGROUND: See attached memorandum. ITEM NO. VII-E DATE: 7/3/12 REGULAR PUBLIC HEARING ( x ) LEG. ( ) QUASWD ( x ) CONSENT ( ) PRESENTED BY Jennifer Evans Senior Environmental Planner FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Resolution 12-11.3, granting a shoreline variance, in accordance with Section 10.01.30 of the St. Lucie County Land Development Code. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 4.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney�' �+ County Surveyor ( x )�'/� ( x ) Daniel S. McIntyre Ron Harris County Engineer (x ) Planning & ( x ) M�p Development Services G el Michael Powley Mark Satterlee Originating Dept. ( x) -o Karen Smith AGENDA REQUEST �COUNTY • TO: SUSTAINABILITY DISTRICT SUBMITTED BY(DEPT) SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [� APPROVED (] DENIED [ J OTHER: Approved 4.0 County Attorney ITEM NO. T `p DATE: July 3, 2012 REGULAR [J PUBLIC HEARING [] CONSENT [XXJ PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 12-001 - Financing of Energy Efficiency and Renewable Energy Improvements See attached memorandum Staff recommends that the District approve Resolution No. 12-001 and authorize the Chairman to sign the resolution. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: d Management & Budget Purchasing: Daniel S. McIntyre I—, Originating Dept. MSBU Coordinator: County Eng.: Barbara Guettler Finance: (Check for copy only, if applicable) Eff. 5/96 f, AGENDA REQUEST I COUNTY • Mill TO: SUSTAINABILITY DISTRICT SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: County Attorney ITEM NO. 7 B DATE: July 3, 2012 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 12-002 - Establishing an Administrative Fee Pertaining to Sustainability Special Assessment Programs See attached memorandum Staff recommends that the District approve Resolution No. 12-002 and authorize the Chairman to sign the resolution. COMMISSION ACTION: CONCURRENCE: ( APPROVED [ J DENIED [ ] OTHER: Approved 4.0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: _ Daniel S. McIntyre ; Originating Dept. MSBU Coordinator: County Eng Barbara Guettler Finance: (Check for copy only, if applicable) Eff. 5/96 July 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. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. 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 2rior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month; 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. July 3, 2012 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.org .l b.4-Fx3dx ! .LLA.S.k-ibA kid x,.t x.} kF i tt,. [ , s +.. ,•t . J,. A:%a d.: .<6,id�d3d .d k . J + dx {.fb t. !%.Abil'kF I {;€ S1.e, d..iA t. £d, tr.:5£d .3..Fi,.«t.t£..t.F! bi: };..: d ALah-.�E<:id if d.3 x a3.,,.,. 31# -'- Tod Mowery, Chairman District No. 2 Paula A. Lewis, Vice Chairman 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 June 19, 2012 regular meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 12-126 — Proclaiming the week of July 16, 2012 as "Treasure Coast Waterway Cleanup Week" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 12-126 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 38 and 39. B. COUNTY ATTORNEY St. Lucie County Health Department - Termination of Sublease Agreement with the AIDS Research and Treatment Center of the Treasure Coast, Inc. Consider staff recommendation to terminate the Sublease Agreement with The AIDS Research and Treatment Center of the Treasure Coast, Inc. upon thirty (30) day notice due to the unavailability of funding for the sublease. 2. Treasure Coast Education, Development and Research Park — Resolution No. 12-129 Accepting Trustees of the Internal Improvement Trust Fund (TIITF) Easement for Utilities, Pedestrian Access and Access Improvements Consider staff recommendation to adopt proposed Resolution No. 12-129 accepting the proposed easement from the Trustees of the Internal Improvement Trust Fund (TIITF) for the Treasure Coast Education, Research and Development Park. COUNTY ATTORNEY CONTINUED 3. "After the Fact" Revocable License Agreement — David Langley — 3809 South Indian River Drive — Two (2) PVC pipes under Indian River Drive right-of-way Consider staff recommendation to approve the "After the Fact" Revocable License Agreement, authorize the Chairman to sign the "After the Fact" Revocable License Agreement and direct Mr. Langley to record the document in the Public Records of St. Lucie County, Florida. Straticon Final Payment — Escrow Agreement Consider staff recommendation to approve the Escrow Agreement and authorize the Chairman to sign the Agreement. Staff also recommends that the Board authorize the Finance Director to wire the final payment of $294,084.53 to the Escrow Agent pursuant to the terms of the Escrow Agreement. C. PUBLIC WORKS Road & Bridge Division: 1. Computerized Traffic Signal Enhancement Consider staff recommendation to approve Budget Resolution No. 12-128 and Resolution No. 12-081 and authorize the Chairman to sign the Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for funds in the amount of $192,555 to enhance the operation of the County's computerized Traffic Signal System. Engineering Division: 2. St. James Sidewalk — Phase 1 Consider staff recommendation to accept St. James Sidewalk Phase 1. D. HOUSING & COMMUNITY SERVICES Hardest Hit Fund (HHF) Revised Contract Consider staff recommendation to accept the HHF Advisor Services revised contract with Florida Housing Finance Corporation; and authorize the Chairman to sign documents as approved by the County Attorney. 2. Neighborhood Stabilization Program 3 (NSP3) Action Plan Modification Consider staff recommendation to modify the NSP 3 Action Plan as outlined in the agenda memorandum. 3. Procedures for Flag display — Memorial Day Consider staff recommendation to approve Resolution No. 12-131 establishing the procedures for displaying the flag on Memorial Day, and authorizing the Chairman to sign documents as approved by the County Attorney. E. SHERIFF'S OFFICE F G Authorization to submit an electronic application for the 2012 State Criminal Alien Assistance Program (SCAAP) Grant Consider staff recommendation to approve the St. Lucie County Sheriffs Office submission of the electronic application for the 2012 State Criminal Alien Assistance Grant offered by the U.S. Department of Justice/Bureau of Justice Assistance. ENVIRONMENTAL RESOURCES Environmental Regulations and Lands Division: Hospice of the Treasure Coast — Release of Surety for the Landscaping Improvement Agreement Consider staff recommendation to approve the release of surety to Hospice of the Treasure Coast for the St. Lucie Counseling Center Landscaping Improvement Agreement in the amount of $118,073, and authorize the Chairman to sign documents as approved by the County Attorney. PARKS RECREATION & FACILITIES Golf Course 1. Golf Course Pump Station Consider staff recommendation to award Bid No. 12-030, Vertical Turbine Variable Speed Pump Station, to the lowest responsive and responsible bidder, Flowtronex, of Dallas, Texas for the amount of $64,607.00 and authorize the Chairman to sign documents as approved by the County Attorney. Parks & Special Facilities: 2. Waiver of Havert L. Fenn Center Rental Fees for the 2012 Fort Pierce Exchange Club Chili Cook Off Consider staff recommendation to waive $2,400 in facility rental fees for the 2012 Fort Pierce Exchange Annual Chili Cook Off to be held at the Havert L. Fenn Center as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. Waiver of Ravenswood Pool Rental Fees for the St. Lucie County Special Olympics Consider staff recommendation to waive $225 in facility rental fees for St. Lucie County Special Olympics for aquatics practice to be held at the Ravenswood Pool as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. H. PLANNING & DEVELOPMENT SERVICES Business & Concurrency Management Project Cube — Letter of Intent Consider staff recommendation to authorize the County Administrator to send a Letter of Intent to offer Project Cube an Ad Valorem Tax Exemption phased over five years and a Job Growth Investment Grant (JGIG) in the amount of $18,000 phased over two years ($9,000 per year). VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 12-011— Lot Clean Up Consider staff recommendation to adopt Ordinance No.12-011 and authorize the Chairman to sign the Ordinance. B. PLANNING & DEVELOPMENT SERVICES Village of Sunset Lakes —12-Month Extension Consider staff recommendation to approve Resolution No. 12-021 providing for a 12-month extension for the Village of Sunset Lakes PTV Site Plan, as outlined in the agenda memorandum. C. PLANNING & DEVELOPMENT SERVICES Rezoning Request— St. Lucie County Utilities Consider staff recommendation to schedule the second required public hearing for an amendment to the Official Zoning Atlas on July 17, 2012 at 9:00 a.m., or as soon thereafter as possible, as outlined in the agenda memorandum. D. COUNTY ATTORNEY Ordinance No. 12-012 — Economic Ad Valorem Tax Exemption — Allied New Technologies Consider staff recommendation to adopt Ordinance No. 12-012 and authorize the Chairman to sign the Ordinance. E. ENVIRONMENTAL RESOURCES Huneke Shoreline Variance Request Consider staff recommendation to approve Resolution No. 12-113, granting a shoreline variance; in accordance with Section 10.01.30 of the St. Lucie County Land Development Code. REGULAR AGENDA Vill. ANNOUNCEMENTS County offices will be closed on Wednesday, July 4, 2012 to observe Independence Day. A public hearing will be held on Monday, July 9, 2012 at 6:OOpm in the St. Lucie County Commission Chambers to receive citizen views regarding the County's application for the Small Cities Community Development Block Grant from the Florida Department of Economic Opportunity. 3. The Board of County Commissioners July Informal Monthly Meeting has been canceled. 4. The Board of County Commissioners FY13/Budget Workshops will begin Tuesday, July 17, 2012 and run through Friday, July 20, 2012. SUSTAINABILITY DISTRICT www.co.st-lucie.fl.us www.stiucieco.org Paula A. Lewis, Chairman District No. 3 Chris Craft, Vice Chairman District No. 5 Tod Mowery District No. 2 Frannie Hutchinson District No. 4 MINOTIPS Approve the minutes from the January 17, 2012 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. COUNTY ATTORNEY Resolution No. 12-001— Financing of Energy Efficiency and Renewable Energy Improvements Consider staff recommendation to approve Resolution No. 12-001 and authorize the Chairman to sign the resolution. B. COUNTY ATTORNEY Resolution No. 12-002 — Establishing an Administrative Fee Pertaining to Sustainability Special Assessment Programs Consider staff recommendation to approve Resolution No. 12-002 and authorize the Chairman to sign the Resolution. 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. July 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. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. 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 r� 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.K, 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. ab July 3, 2012 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org Tod Mowery, Chairman District No. 2 Paula A. Lewis, Vice Chairman 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 June 19, 2012 regular meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 12-126 — Proclaiming the week of July 16, 2012 as "Treasure Coast Waterway Cleanup Week" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 12-126 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 38 and 38. B. COUNTY ATTORNEY St. Lucie County Health Department - Termination of Sublease Agreement with the AIDS Research and Treatment Center of the Treasure Coast, Inc. Consider staff recommendation to terminate the Sublease Agreement with The AIDS Research and Treatment Center of the Treasure Coast, Inc. upon thirty (30) day notice due to the unavailability of funding for the sublease. 2. Treasure Coast Education, Development and Research Park — Resolution No. 12-129 Accepting Trustees of the Internal Improvement Trust Fund (TIITF) Easement for Utilities, Pedestrian Access and Access Improvements Consider staff recommendation to adopt proposed Resolution No. 12-129 accepting the proposed easement from the Trustees of the Internal Improvement Trust Fund (TIITF) for the Treasure Coast Education, Research and Development Park. B. COUNTY ATTORNEY CONTINUED "After the Fact" Revocable License Agreement — David Langley — 3809 South Indian River Drive — Two (2) PVC pipes under Indian River Drive right-of-way Consider staff recommendation to approve the "After the Fact' Revocable License Agreement, authorize the Chairman to sign the "After the Fact" Revocable License Agreement and direct Mr. Langley to record the document in the Public Records of St. Lucie County, Florida. 4. Straticon Final Payment — Escrow Agreement Consider staff recommendation to approve the Escrow Agreement and authorize the Chairman to sign the Agreement. Staff also recommends that the Board authorize the Finance Director to wire the final payment of $294,084.53 to the Escrow Agent pursuant to the terms of the Escrow Agreement. C. I PUBLIC WORKS Road & Bridge Division: 1. Computerized Traffic Signal Enhancement Consider staff recommendation to approve Budget Resolution No. 12-128 and Resolution No. 12-081 and authorize the Chairman to sign the Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for funds in the amount of $192,555 to enhance the operation of the County's computerized Traffic Signal System. Engineering Division: 2. St. James Sidewalk — Phase 1 Consider staff recommendation to accept St. James Sidewalk Phase 1. D. HOUSING & COMMUNITY SERVICES Hardest Hit Fund (HHF) Revised Contract Consider staff recommendation to accept the HHF Advisor Services revised contract with Florida Housing Finance Corporation; and authorize the Chairman to sign documents as approved by the County Attorney. 2. Neighborhood Stabilization Program 3 (NSP3) Action Plan Modification Consider staff recommendation to modify the NSP 3 Action Plan as outlined in the agenda memorandum. 3. Procedures for Flag display — Memorial Day Consider staff recommendation to approve Resolution No. 12-131 establishing the procedures for displaying the flag on Memorial Day, and authorizing the Chairman to sign documents as approved by the County Attorney. E. SHERIFF'S OFFICE Authorization to submit an electronic application for the 2012 State Criminal Alien Assistance Program (SCAAP) Grant Consider staff recommendation to approve the St. Lucie County Sheriffs Office submission of the electronic application for the 2012 State Criminal Alien Assistance Grant offered by the U.S. Department of Justice/Bureau of Justice Assistance. F. ENVIRONMENTAL RESOURCES Environmental Regulations and Lands Division: Hospice of the Treasure Coast — Release of Surety for the Landscaping Improvement Agreement Consider staff recommendation to approve the release of surety to Hospice of the Treasure Coast for the St. Lucie Counseling Center Landscaping Improvement Agreement in the amount of $118,073, and authorize the Chairman to sign documents as approved by the County Attorney. G. PARKS RECREATION & FACILITIES Golf Course 1. Golf Course Pump Station Consider staff recommendation to award Bid No. 12-030, Vertical Turbine Variable Speed Pump Station, to the lowest responsive and responsible bidder, Flowtronex, of Dallas, Texas for the amount of $64,607.00 and authorize the Chairman to sign documents as approved by the County Attorney. Parks & Special Facilities: 1. Waiver of Havert L. Fenn Center Rental Fees for the 2012 Fort Pierce Exchange Club Chili Cook Off Consider staff recommendation to waive $2,400 in facility rental fees for the 2012 Fort Pierce Exchange Annual Chili Cook Off to be held at the Havert L. Fenn Center as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. 2. Waiver of Ravenswood Pool Rental Fees for the St. Lucie County Special Olympics Consider staff recommendation to waive $225 in facility rental fees for St. Lucie County Special Olympics for aquatics practice to be held at the Ravenswood Pool as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. Waiver of Ravenswood Pool Rental Fees for the St. Lucie County Special Olympics Consider staff recommendation to waive $225 in facility rental fees for St. Lucie County Special Olympics for aquatics practice to be held at the Ravenswood Pool as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. H. I PLANNING & DEVELOPMENT SERVICES Business & Concurrency Management Project Cube — Letter of Intent Consider staff recommendation to authorize the County Administrator to send a Letter of Intent to offer Project Cube an Ad Valorem Tax Exemption phased over five years and a Job Growth Investment Grant (JGIG) in the amount of $18,000 phased over two years ($9,000 per year). VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 12-011— Lot Clean Up Consider staff recommendation to adopt Ordinance No.12-011 and authorize the Chairman to sign the Ordinance. B. PLANNING & DEVELOPMENT SERVICES Village of Sunset Lakes —12-Month Extension Consider staff recommendation to approve Resolution No. 12-021 providing for a 12-month extension for the Village of Sunset Lakes PTV Site Plan, as outlined in the agenda memorandum. C. PLANNING & DEVELOPMENT SERVICES Rezoning Request — St. Lucie County Utilities Consider staff recommendation to schedule the second required public hearing for an amendment to the Official Zoning Atlas on July 17, 2012 at 9:00 a.m., or as soon thereafter as possible, as outlined in the agenda memorandum. D. COUNTY ATTORNEY Ordinance No.12-012 — Economic Ad Valorem Tax Exemption — Allied New Technologies Consider staff recommendation to adopt Ordinance No.12-012 and authorize the Chairman to sign the Ordinance. E. ENVIRONMENTAL RESOURCES Huneke Shoreline Variance Request Consider staff recommendation to approve Resolution No. 12-113, granting a shoreline variance, in accordance with Section 10.01.30 of the St. Lucie County Land Development Code. REGULAR AGENDA VIII. ANNOUNCEMENTS County offices will be closed on Wednesday, July 4, 2012 to observe Independence Day. 2. A public hearing will be held on Monday, July 9, 2012 at 6:00pm in the St. Lucie County Commission Chambers to receive citizen views regarding the County's application for the Small Cities Community Development Block Grant from the Florida Department of Economic Opportunity. 3. The Board of County Commissioners July Informal Monthly Meeting has been canceled. The Board of County Commissioners FY13/Budget Workshops will begin Tuesday, July 17, 2012 and run through Friday, July 20, 2012. 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 sworn 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. SUSTAINABILITY DISTRICT www.co.st-lucie.fl.us www.stlucieco.org ;•tS' '. a.tS k.}. -b. } Jk. `„L �1}F }.. 2;.M1L. ,..<,. L'.e.k.;. v.Gt # '..5.'t.3.vf.F. (.. ,a F. b F .,.SLl.ixd, d.f'd:t'=td .dd §d:, ! .F,.,r#. t€,3; .,,}..cf xd. I,t 6.ia., lkdk .L f.t.. k!7;:f ,i1£€td; x., t:Ls..f,..•i,E 4 a,�;.:t »'.1. 1. Paula A. Lewis, Chairman District No. 3 Chris Craft, Vice Chairman District No. 5 Tod Mowery District No. 2 Frannie Hutchinson District No. 4 MINt1TES Approve the minutes from the January 17, 2012 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. COUNTY ATTORNEY Resolution No. 12-001— Financing of Energy Efficiency and Renewable Energy Improvements Consider staff recommendation to approve Resolution No. 12-001 and authorize the Chairman to sign the resolution. B. COUNTY ATTORNEY Resolution No. 12-002 — Establishing an Administrative Fee Pertaining to Sustainability Special Assessment Programs Consider staff recommendation to approve Resolution No. 12-002 and authorize the Chairman to sign the Resolution. 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 sworn 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: June 19, 2012 Convened: 9:05 a.m. Adjourned: 9:55 a.m. Commissioners Present: Chairman, Tod Mowery, Paula A. Lewis, Chris Craft, Frannie Hutchinson 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, Beth Ryder, Community Services Director, Mark Satterlee, Planning/Development Director, Jack Southard, Public Safety Director, Todd Cox, Airport Director, Marie Gouin, OMB Director, Millie Delgado -Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 5, 2012 regular meeting. It was moved by Com. Hutchinson, seconded by Com. Craft, to approve the minutes of the meeting held June 5, 2012 and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. Presentation by Carol Wyatt, WPSL Christmas Kids of St. Lucie County Ms. Wyatt presented the County with a check in the amount of $4,600 for the Aquatics Program. AD"DITIO1450AGENDA Y > K , B. Presen�atton ,Fenn>Center1nvestgatior The County Attorney advised those present that the county had received a copy of the investigation report and believes it is inappropriate to respond to the report. He believes staff has cooperated. The County has adopted new policies and procedures and they are now in place as well as a new Parks and Recreation Director has been hired and it is time for the county to move forward. The Assistant County Administrator introduced the newly hired Parks and Recreation Director, Mr. Ed Matthews. V. GENERAL PUBLIC COMMENT Mr. Marty Laven, 2732 Sunrise Blvd. addressed the Board and clarified to automation in the field was in no way meant to talk about change in the amount of human resources like back in the 70's. He also addressed the discussion on the purchase of the facility for the Supervisor of Elections. Ms. Sally Ann Bergquist, addressed the Board on the success of the "No Kill Day" sidewalk Rally held on June 11th. Ms. Marjorie Harrell, 3705 Avenue T, addressed the Board and the County Attorney's comments regarding the Fenn Center investigation. She also addressed the early voting at the Avenue D location. Ms. Harrell advised the new Parks and Recreation Director that Lincoln Park Recreation Center was very dear to her heart. Ms. Dolores Johnson, 429 N. 29th St. thanked everyone for their public service. She advised those present that they are in support of the County Administrator. She also addressed the Port issue and stated they needed to be careful to treasure what we have and have jobs that are economically and environmentally sustainable. Mr. Terry Brisson, South Hutchinson Island resident, addressed the Board on what he felt were issues affecting St. Lucie County and advised the Board of an incident that occurred at his home which resulted in his arrest. He stated the county does not need to provide the impression that the government is using law enforcement to settle personal or political disputes. Mr. Brisson advised the Board he has decided to add his name to the ballot for County Commission as an Independent. He stated he would present a plan to save the county $20 million dollars. Ms. Marjorie Harrell addressed the County Attorney's statement and asked if the investigation was over or if it was going to continue. The County Attorney indicated he felt there was no point in the county continuing to discuss the issue and from his perspective it was over and encouraged the Board to move on. The county has not had any input on the decision. Com. Mowery indicted it was an independent investigation and from his perspective they are starting to move on in a new light. He advised those present that the county has no control over what any law enforcement agency will do concerning a public official or an employee. Com. Hutchinson requested to make an observation and stated when the county allows public comments it is for issues the county has control over and not to be used as a political forum for announcements. VI. CONSENT AGENDA Com. Hutchinson advised the Board she would be abstaining from voting on items VI-B-5 and Warrant List No. 37. It was moved by Com. Craft, seconded by Com. Lewis, to approve items VI-B-5 and Warrant List No. 37, and; upon roll call, motion carried unanimously with Com. Hutchinson abstaining. It was moved by Com. Lewis, seconded by Com. Craft, to approve the balance of the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 36 and 37. The Board approved Warrant List No. 36. B. COUNTY ATTORNEY St. Lucie County Landfill — Wastewater Force Main — Utility Easement — Resolution No. 12-123 — Temporary Construction Easement — Resolution No.12-124 The Board accepted the Utility Easement and Temporary Construction Easement authorized the Chairman to sign Resolution No. 12-123 and Resolution No. 12-124 accepting the Utility Easement and Temporary Construction Easement and directed staff to record the documents in the Public Records of St. Lucie County, Florida. Request to have the Board approve the Contractual Agreement between United for Families, Inc. (UFF) and the St. Lucie County Drug Screening Lab for three (3) years starting July 1, 2012 through June 30, 2015. The Board approved the Contractual Agreement starting July 1, 2012 through June 30, 2015 with UFF for screening clients and authorized the Chairman to sign the agreement. B. COUNTY ATTORNEY CONTINUED 3. "After the Fact" Revocable License Agreement — Bernard A. Egan Groves, Inc. — Carlton Adams Road — Parcel I.D. 2236-411 -0001 -00010 The Board approved the "After the Fact" Revocable License Agreement, authorized the Chairman to sign the "After the Fact" Revocable License Agreement and directed Bernard A. Egan Groves, Inc. to record the "After the Fact" Revocable License Agreement in the Public Records of St. Lucie County, Florida. 4 06/08/12 FZABWARR FUND TITLE 001 001194 001447 001448 001512 001518 001519 001522 001524 001525 001526 001527 001534 001537 001538 001539 001540 001541 001543 001544 101 101001 101002 101003 101004 102 102001 102812 107 107001 107002 107003 107006 ill 112 113 114 116 117 119 120 122 123 126 127 128 130109 136 ST. LUCIE COUNTY - BOARD WARRANT LIST #36- 02-JUN-2012 TO 08-JUN-2012 FUND SUMMARY General Fund U.S. Dept.of Housing & Community F.TCD 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. Metropolitan Planning/Section 5303 HUD Shelter Plus Care 2010 HUD Neighborhood Stab 3 Safe Routes to School Program EMPG FY12 CSBG FY12 Severe Repititive Loss CDBG Disaster Recov Enhanc Prog Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Stormwater Ph 3 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting FTA 5307 Capital and Operating Monte Carlo Lighting MSTU#4 Fund EXPENSES 2, 149, 556. 62 58.. 62 279.42 5,027.20 81,141.22 2,608.43 358.27 8.22 5.68 6.94 5.05 53..28 373.29 34.38 426.84 76.94 10,359.15 489.89 36.24 18.78 190,294.58 224.76 47,912.70 10,464.87 11,808.30 11,927.27 9,854.86 909.18 3,463,503.29 24,162.40 17,734.60 27,882.05 1,734.65 2,755.69 598.31 229.03 504.01 560.46 139.40 848.28 174.17 975.14 351.92 123.00 374.29 494.97 361.52 1,747.94 PAGE PAYROLL 453,713.24 0.00 389.57 55.68 1,480.68 10,013.50 2,380.76 0.00 0.00 0.00 0.00 291.16 947.40 0.00 1,919.76 321.30 - 0.00 2,171.26 214.11 90.01 34,361.47 1,237.60 43,166.13 11,728.06 13,897.68 64,034.22 11,075.95 5,379.64 112,421.24 961.56 44,816.86 0.00 8,736.95 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,239.03 0.00 06/15/12 FZABWARR FUND TITLE 001 001446 001447 001448 001512 001516 001518 001519 001534 001538 001540 001541 001823 101 101001 101002 101003 101004 101006 102 102001 102812 107 107001 107003 107006 115 118 121 130 130104 130107 130109 130113 130210 140 140001 140138 140367 140374 160 170 183 183004 183006 184215 184216 185012 ST. LUCIE COUNTY - BOARD WARRANT LIST #37- 09-JUN-2012 TO 15-JUN-2012 FUND SUMMARY General Fund EMPA FY12 FTCD Planning Grant Agr FY11-12 Residential Construction Mitigation Neighborhood Stabilization Program Homeland Security -Issue 10 Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster•Recovery Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 EMPG FY12 CSBG FY12 INTACT Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Stormwater Ph 3 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund SLC Public Transit MSTU FTA 5317 New Freedom Enhanced Servi FTA 5311 Block Grant FTA 5307 Capital and Operating FTA 5307 FY2011 FDOT Block Grant Airport Fund Pqrt Fund Taxiways A & B Rehabilitation FDOT Taxiway A & B Rehabilitation FDOT Airport Security Enhancements Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund DEP Ft Pierce Shore Protection 2012 FDEP S SLC Beach Restoration FHFA SHIP 2010-2011 EXPENSES 259,066.84 147.18- 33.48 1,638.19 5,701.14 42,534.00 2,860.99 183,968.70 20.03 103,615.03 569.27 5,541.62 34.47 1,265.20 440.09 14,018.86 7,947.09 7,223.29 7,975.26 1,545.88 54,329.64 2,228.93 53,678.95 .526.27 1,558.18 5,291.13 640.76 887.48 89.83 32,333.02 10,082.51 7,927.98 45,682.65 84,154.73 94,426.68 16,069.89 124.09 328,595.50 17,294.50 15,524.84 7,336.07 141,244.83 1,615.25 1,712.50 948.95 30,240.00 36,903.00 1,252.60 PAGE 1 PAYROLL 3,526.62 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 52.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 I C. P) A 4. Permanent Slope Easements for Juanita Avenue Improvements — Roderick and Barbara Bennett — Parcel 1433-701-0330-000/7 — Resolution No. 12-110 Walter B. Barron — Parcel 1433-701-0334-000/5 — Resolution No. 12-111 — James and Bertha Sullivan — Parcel 1433-701-0518-000/0 — Resolution No. 12-112 — Jerome and Pinkie Hendley — Parcel 1433-701-0513-000/4 — Resolution No. 12-127. The Board accepted Resolution No. 12-110; Resolution No. 12-111, Resolution No. 12- 112 and Resolution No. 12-127 authorized the Chairman to sign the Resolutions accepting the Permanent Slope Easements and directed staff to record the Permanent Slope Easements in the Public Records of St. Lucie County, Florida. 5. Guettler Brothers Construction, L.L.C. Mining Permit — Cash Bond Agreement for Pre - Mining Activities The Board approved the proposed Cash Bond Agreement with Guettler Brothers Construction, L.L.C., and authorized the Chairman to sign the Agreement. Com. Hutchinson abstained from voting on this issue. 6. Resolution No.12-058 - Establishing Animal Shelter Standards Committee gD�Dl1�1O1VT�d AGENDA ^x 7� .h.�;;�. S�apeNis®'r�o��Efect�or�s�Bualdrng HOUSING & COMMUNITY SERVICES Community Services Division: 1. Amendment to Community Transit Master Agreement The Board approved the First Amendment to the Master Agreement with Council on Aging of St. Lucie, Inc. and authorized the Chairman to sign documents as approved by the County Attorney. 2. Trip and Equipment Grant The Board accepted the FY13 Trip and Equipment grant allocation, approved Resolution No. 12-090 and Budget Resolution No. 12-096; and authorized the Chairman to sign documents as approved by the County attorney. PARKS RECREATION & FACILITIES Regional Parks & Stadiums: 1. Treasure Coast Sports Commission, Inc. — Facilities Use Agreement for Office Space at Digital Domain Park The Board approved the proposed Sixth Amendment to the February 13, 2001 Facilities Use Agreement with the Treasure Coast Sports Commission, Inc., and authorized the Chairman to sign documents as prepared by the County Attorney. PARKS RECREATION & FACILITIES CONTINUED 2. Youth Sports Provider Facility Use Agreement — St. Lucie County Youth Baseball, Inc. The Board approved the Youth Sports Provider Facility Use Agreement between St. Lucie County and St. Lucie County Youth Baseball, Inc., and authorized the Chairman to sign documents as prepared by the County Attorney. 3. Youth Sports Provider Facility Use Agreement — Northside Bat and Ball Little League, Inc. The Board approved the Youth Sports Provider Facility Use Agreement between St. Lucie County and Northside Bat and Ball Inc., and authorized the Chairman to sign documents as prepared by the County Attorney. K1 Parks & Special Facilities: 4. Budget Resolution No. 12-091- WPSL Christmas Kids of St. Lucie County Donation The Board approved Budget Resolution No. 12-091 to accept WPSL Christmas Kids of St. Lucie County donation in the amount of $4,600 to be utilized to provide American Red Cross Water Safety Lessons at Lincoln Park Pool as outlined in the agenda memorandum, and authorized the Chairman to sign documents as approved by the County Attorney. 5. Waiver of Havert L. Fenn Center Rental Fees to the 2012 Healthy Kids of St. Lucie County Back to School Expo The Board approved waiving $750 in facility rental fees for the 2012 Healthy Kids of St. Lucie County Back to School Expo to be held at the Havert L. Fenn Center as outlined in the agenda memorandum. 6. Rejection of Bid for the Havert L. Fenn Center LED sign The Board approved rejecting the Advanced Technologies proposal for a new LED sign at the Havert L. Fenn Center as outlined in the agenda memorandum. E. HUMAN RESOURCES CORIZON Health, Inc. Inmate HIV Medications Invoice for April, 2012. The Board authorized payment of CORIZON Health, Inc. invoice number CZN000011124 for Inmate HIV medications for the FY-2012 period of April 01, 2012 through April 30, 012, in the amount of $43,162.42. F. SUPERVISOR OF ELECTIONS Resolution No. 12-" 0 Amending Resolution No. 12-093 by correcting Scrivener Errors and by Changing the Polling Locations for Election Precinct Number 13. The Board adopted Resolution No.12-130 as drafted. G. PUBLIC SAFETY Emergency Management Preparedness and Assistance (EMPA) Trust Fund Program Base Grant for $105,806 and Budget Resolution No. 12-109 The Board accepted the State -Funded Subgrant Agreement, EMPA, approved Budget Resolution No. 12-109, and authorized the Chairman to sign documents as approved by the County Attorney. 2. Emergency Management Preparedness Federally -Funded Grant (EMPG) for $89,806 and Budget Resolution No. 12-108 The Board accepted the Emergency Management Preparedness Federally -Funded Grant, approved Budget Resolution No.12-108, and authorized the Chairman to sign documents as approved by the County Attorney. H. PUBLIC WORKS Administration: 1. Indian River Estates Stormwater Phase 2 The Board approved Budget Resolution No. 12-104 establishing the fund for the Florida Department of Emergency Management Federally Funded Sub -Grant Agreement for the. Indian River Estates Stormwater Phase 2 project in the amount of $4,748,516 as outlined in the attached memorandum and authorized the Chairman to sign the documents as approved by the County Attorney. 2. Port Entrance — 2°d Street The Board approved Budget Resolution No. 12-103 establishing the fund for the Florida Department of Transportation Joint Participation Agreement for the Port Entrance Second El VII Street project in the amount of $1,200;000 as outlined in the attached memorandum and authorized the Chairman to sign the documents as approved by the County Attorney. Engineering Division: 3. Walton Road Widening (Village Green Drive to Lennard Road) The Board accepted the Walton Road Widening Project (Village Green Drive to Lennard Road) Solid Waste Division: 4. Resolution No. 12-125; providing for a tipping/processing fee for single stream recycling and for source separated food waste. The Board adopted Resolution No. 12-125 as drafted and authorized the Chairman to sign the Resolution. I. OFFICE OF MANAGEMENT & BUDGET Purchasing Division: 1. Fixed Asset Inventory — Property Record Removal The Board approved removing fixed assets, as listed on the attached Property Disposition Forms from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. I. OFFICE OF MANAGEMENT & BUDGET CONTINUED 2. Fixed Asset Inventory — Property Record Removal The Board approved removing fixed assets, as listed on the attached Property Disposition Forms from the capital asset inventory of the St. Lucie County Health Department. 3. Fixed Asset Inventory — Property Record Removal The Board approved removing fixed assets, as listed on the attached Property Disposition Forms from the .capital asset inventory of the St. Lucie County Tax Collector. 4. Fixed Asset Inventory — Property Record Removal The Board approved removing fixed assets, as listed on the attached Property Disposition Forms from the capital asset inventory of various departments of Court Administration. J. TRANSPORTATION PLANNING ORGANIZATION 1. Resolution No.12-097, Budget Amendment The Board approved Resolution No. 12-097 amending the County budget in the amount of $22,657 for receipt of the grant funds on behalf of the TPO. 2. Resolution No. 12-102, Approval of Federal Metropolitan Planning Grant Third Authorization for FY 2011-12 The Board approved Resolution No. 12-102 amending the County budget in the amount of $24,187 for receipt of the grant funds on behalf of the TPO. PUBLIC HEARINGS There are no public hearings scheduled for June 19, 2012. REGULAR AGENDA COUNTY ATTORNEY RFQ #12-025 — Thermal Conversion Facility to Process Municipal Solid Waste — Permission to Negotiate Based on the review committee's evaluation and ranking, staff recommends that the Board authorize staff to commence negotiations with Covanta Energy Corporation, the top ranked firm. 5 It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. IX. PUBLIC WORKS Kings Highway — Florida Department of Transportation Project Consider staff recommendation to approve Dickerson's request to increase their hours of operation to allow night operations in support of the Kings Highway resurfacing. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. X. ANNOUNCEMENTS 1. The 2012 Florida Police & Fire Games run thru June 22nd at various venues throughout the Treasure Coast, including the St. Lucie County Fairgrounds, Havert L. Fenn Center and more. Registration takes place at the Indian River State College Public Safety Training Complex. For details about events and venues visit www.lawgames.org. 2. County offices will be closed on Wednesday, July 4, 2012 to observe Independence Day. 3. The Board of County Commissioners July Informal Monthly Meeting has been canceled. 4. The Board of County Commissioners FY13/Budget Workshops will begin Tuesday, July 17, 2012 and run through Friday, July 20, 2012. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court R AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. IV -A DATE: July 3, 2012 REGULAR [x PUBLIC HEARING [ J CONSENT [ J PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 12-126 - Proclaiming the week of July 16, 2012 as "TREASURE COAST WATERWAY CLEANUP WEEK" in St. Lucie County, Florida. BACKGROUND: John Smith, President of the Marine Industries Association of the Treasure Coast has requested that this Board proclaim the week of July 16, 2012 as "TREASURE COAST WATERWAY CLEANUP WEEK" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adoptthe attached Resolution No. 12-126 as drafted. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals X Count Attorney: �4 [.) Y Y Daniel S. McIntyre RESOLUTION NO. 12-126 A RESOLUTION PROCLAIMING THE WEEK OF JULY 16, 2012 AS "TREASURE COAST WATERWAY CLEANUP WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: On Saturday, July 21, 2012, the Marine Industries Association of the Treasure Coast, in conjunction with the Florida Inland Navigation District will conduct the 51h Annual Treasure Coast Waterway Cleanup. The event is expected to attract over 900 volunteers who will participate in cleaning up the waterways of Martin, St. Lucie and Indian River Counties. 3. There are twenty-one designated sites throughout the three counties that will serve as registration and disposal sites for the project. 4. Numerous waterfront homeowner associations have been recruited to clean up their own waterfront. 5. In 2011, more than eight tons of trash were collected from approximately 125 miles of waterways. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of July 16, 2012 as "TREASURE COAST WATERWAY CLEANUP WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to become involved with the efforts to clean up our waterways. PASSED AND DULY ADOPTED this 3`d day of July, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY CONSENT AGENDA ITEMS 06/22/12 FZABWARR FUND TITLE 001 001194 001447 001448 001512 001518 001519 001527 001534 001537 001538 001539 001541 001543 001544 101 101001 101002 101003 101004 102 102001 102812 107 107002 107003 107005 107006 129 130102 130103 130104 130109 140 140001 140353 140374 150 160 162 170 183 183001 183004 183006 185012 188 189103 ST. LUCIE COUNTY - BOARD WARRANT LIST #38- 16-JUN-2012 TO 22-JUN-2012 FUND SUMMARY General Fund U.S. Dept of Housing & Community FTCD Planning Grant Agr FYII-12 Residential Construction Mitigation Neighborhood Stabilization Program Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery SRL - 10701 S. Ocean Dr. Metropolitan Planning/Section 5303 HUD Shelter Plus Care 2010 HUD Neighborhood Stab 3 Safe Routes to School Program CSBG PY12 Severe Repititive Loss CDBG Disaster Recov Enhanc Prog Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80q 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 -Legal Aid F&F Fund -Court Related Technology Parks MSTU Fund FTA 5307-ARRA 2009 Capital Projects FTA 5316 Job Access And Rev Commute FTA 5317 New Freedom Enhanced Servi FTA 5307 Capital and Operating Airport Fund Port Fund Taylor Creek New Spoil Site FDOT Airport Security Enhancements Impact Fee Collections Plan Maintenance RAD Fund Tourism Dev-5th Cent Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2010-2011 Bluefield Ranch Improvements Home Consortium FY 2010 EXPENSES 412,792.00 7,037.64 171.83 12,190.25 2,571.09 15,804.06 122,285.38 33.94 167.65 10,036.07 24,292.60 101.88 6,551.37 80,762.85 10.65 2,560.44 84.63 6,558.74 4,722.86 4,743.29 6,241.03 10,653.00 400.50 155,201.90 2,337.55 6,643.11 9,021.92 10,128.86 4,167.38 1,902.78 970.92 443.61 151.48 3,552.42 148.B0 350.00 6,740.00 110.49 786.00 7,632.08 5,637.12 3,400.39 720.00 1,412.20 15,305.25 4.35 0.59 97.02 PAGE PAYROLL 480,085.14 1,478.88 292.59 205.53 2,179.12 7,797.61 1,922.89 449.64 2,438.48 1,47B.78 1,168.39 1,143.09 0.00 246.26 140.97 35,068.09 1,237.60 42,599.69 11,693.24 14,197.70 64,195.75 11,397.07 5,610.79 115,621.41 31,569.23 0.00 0.00 8,736.95 0.00 0.00 0.00 0.00 2,085.83 12, 011.50 0.00 0.00 0.00 1,523.20 7,708.27 0.00 0.00 3,105.65 0.00 3,183.42 0.00 59.95 0.00 1,323.26 1 06/22/12 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST *38- 16-JUN-2012 TO 22-JUN-2012 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 189105 HUD Housing Counseling Grant 2.57 34.90 189107 HUD Housing Counseling Program 17.69 242.15 189203 Hardest Hit fund Advisor Services 46.89 641.99 190 Sports Complex Fund 17,069.83 19,310.37 216 County Capital I&S 1,202.00 0.00 310001 Impact Fees -Library 807.31 0.00 315 County Building Fund 9,670.00 0.00 316 County Capital 540.75 0.00 316001 5th Cent Fuel -Capital 173,972.80 0.00 401 Sanitary Landfill Fund 85,234.86 49,002.81 418 Golf Course Fund 18,626.58 15,080.22 451 S. Hutchinson Utilities Fund 468.00 4,533.13 458 SH Util-Renewal & Replacement Fund 46.73 641.83 471 No County Utility District-Operatin 22,851.40 7,141.16 478 No Cty Util Dist -Renewal & Replace 97.15 1;329.74 479 No Cty Util Dist -Capital Facilities 70.10 952.59 491 Building Code Fund 1,569.54 17,309.37 505 Health Insurance Fund 1,110.40 1,186.40 505001 Property/Casualty Insurance Fund 12,114.19 4,929.37 611 Tourist Development Trust-Adv Fund 40,339.21 2,450.61 801 Bank Fund 204,738.39 0.00 GRAND TOTAL: 1,558,236.36 998,742.61 AGENDA REQUEST ITEM NO. VI-B _ Date: July 3, 2012 Regular [ J Public Hearing[ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(D EPT): County Attorney Heather Young Assistant County Attorney SUBJECT: St. Lucie County Health Department - Termination of Sublease Agreement with The AIDS Research and Treatment Center of the Treasure Coast, Inc. BACKGROUND: See C.A..No. 12-742 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners terminate the Sublease Agreement with The AIDS Research and Treatment Center of the Treasure Coast, Inc. upon thirty (30) days notice due to the unavailability of funding for the sublease. COMMISSION ACTION: CONCURRENCE: [ J APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, M.P.A., ICMA-CM County Administrator County Y Attorne : Daniel S. McIntyre Originating Dept.: Finance (Check for Copy only, if applicable): Coordination/Signatures Mgt. & Budget: Other: Purchasing: Other: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 12-742 DATE: June 22, 2012 SUBJECT: St. Lucie County Health Department - Termination of Sublease Agreement with The AIDS Research and Treatment Center of the Treasure Coast, Inc. BACKGROUND: Effective July 1, 2011, the Board of County Commissioners entered into a sublease on behalf of the St. Lucie County Health Department with The AIDS Research and Treatment Center of the Treasure.Coast, Inc. for approximately 1,857 square feet of office space located at 706 N. 7th Street in Fort Pierce. The Health Department has used the site for its Research and Treatment Alliance Laboratory Draw Station and related administrative support for the HIV Patient Care Program. Due to funding cuts, the Health Department intends to relocate these services to its main clinic at 714 Avenue C in Fort Pierce and has requested the Board terminate the sublease agreement. The sublease agreement is subject to the availability of funding and may be terminated early upon thirty (30) days notice to the sublessor in the event funding for the sublease is no longer available. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners terminate the Sublease Agreement with The AIDS Research and Treatment Center of the Treasure Coast, Inc.. upon thirty (3.0) days notice due to the unavailability of funding for the sublease. Respectfully submitted, Heather Youn Assistant County Attorney Attachment HY/ Copies to: County Administrator Finance Director Management and Budget Director Heather Young From: Sent: To: Cc: Subject: Attachments: Importance: Ro b e rt_J ewett @ do h.state.fLus Friday, June 22, 2012 11:21 AM Heather Young Clint_Sperber@doh.state.fl.us; Traci_Fox@doh.state.fl.us; Lydia_Williams@doh.state.fl.us; Dawn_Jones@doh.state.fl.us 706 N 7th Street Sub, -lease 5.1.11 706 N 7th Street Sub -lease 5.1.11.doc High Heather - Attached is a unsigned copy of the 706 N 7th Street Lease agreement with the AIDS Research and Treatment Center of the Treasure Coast, Inc. My Deputy Administrator, Clint Sperber has instructed me to get the notice of Lease termination completed as soon as possible, approved and sent to the Landlord. I do not know if the BOCC is meeting this coming week but if so maybe we could get this in for approval. We are vacating the premises for the same reason as we are leaving 712 N. 7th Street, funding deficits.. Current programs that. will be relocated will be our Reasearch and Treatment Alliance Laboratory Draw Station, and other administrative support staff that work with our HIV Patient Care Program. These Programs and individuals will be relocated to our Main Clinic at 714 Avenue C, Fort Pierce to offset program cost deficiencies. Please let me know what time -frame we will be looking at? Once again, many thanks -Sincerely 1 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney AGENDA REQUEST ITEM NO. VI-B-2 Date: July 3, 2012 Regular [ ] Public Hearing[ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Treasure Coast Education, Development and Research Park - Resolution No. 12-129 Accepting Trustees of the Internal Improvement Trust Fund (TIITF) Easement for Utilities, Pedestrian Access and Access Improvements BACKGROUND: See C.A. No. 12-714 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 12-129 accepting the proposed easement from the Trustees of the Internal Improvement Trust Fund (TIITF) for the Treasure Coast Education, Research and Development Park. COMMISSION ACTION: [ ] APPROVED [I DENIED [ ] OTHER: CONCURRENCE: Faye W. Outlaw, M.P.A., ICMA-CM County Administrator Coordination/Signatures County Attorney: Other: imrL Purchasing: Daniel S. li yJo nre iley i Originating Dept.: Other : Other Ben DeVries D nald West, P.E. Ron Harris, P.L.S. Finance (Check for Copy only, if applicable): easement area which do not unreasonably interfere with GRANTEE'S exercise of this easement and further retains the right to grant compatible uses to third parties during the term of this easement. GRANTEE shall dispose of, to the satisfaction of GRANTOR, all brush and refuse resulting from the clearing of the land for the uses authorized hereunder. If timber is removed in connection with clearing this easement, the net proceeds derived from the sale of such timber shall accrue to GRANTOR. GRANTEE shall take all reasonable precautions to control soil erosion and to prevent any other degradation of the real property described in Exhibit "A" during the term of this easement. GRANTEE shall not remove water from any source on this easement including, but not limited to, a watercourse, reservoir, spring, or well, without the prior written approval of GRANTOR. GRANTEE shall clear, remove and pick up all debris including, but not limited to, containers, papers, discarded tools and trash foreign to the work locations and dispose of the same in a satisfactory manner as to leave the work locations clean and free of any such debris. GRANTEE, its agents, successors, or assigns, shall not dispose of any contaminants including but not limited to, hazardous or toxic substances, petroleum, fuel oil, or petroleum by-products, chemicals or other agents produced or used in GRANTEE'S operations, on this easement or on any adjacent state land or in any manner not permitted by law. GRANTEE shall be liable for all costs associated with any cleanup of the subject property which is a result of GRANTEE'S operations and use of the subject property. Upon termination or expiration of this easement GRANTEE shall restore the lands over which this easement is granted to substantially the same condition as existed on the effective date of this easement. GRANTEE agrees that upon termination of this easement all authorization granted hereunder shall cease and terminate. If the lands described in Exhibit "A" are under lease to another agency, GRANTEE shall obtain the consent of such agency prior to engaging in any use of the real property authorized herein. 4. ASSIGNMENT: This easement shall not be assigned in whole or in part without the prior written consent of GRANTOR. Any assignment made either in whole or in part without the prior written consent of GRANTOR shall be void and without legal effect. Page 2 of 12 Easement No. 32470 R 09/11 5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect this easement and the works of GRANTEE in any matter pertaining to this easement. 6. NON-DISCRIMINATION: GRANTEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicaps, or marital status with respect to any activity occurring within this easement or upon lands adjacent to and used as an adjunct of this easement. 7. LIABILITY: Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 8. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent upon and subject to GRANTEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 9. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this easement in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the State of Florida Department of State, Division of Historical Resources. 10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the lands underlying this easement is held by GRANTOR. GRANTEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property of GRANTOR including, but not limited to, mortgages or construction liens against the real property described in Exhibit "A" or against any interest of GRANTOR therein. il. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this easement shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Page 3 of 12 Easement No. 32470 R 09111 12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 13. ENTIRE UNDERSTANDING: This easement sets forth the entire understanding between the parties and shall only be amended with the prior written approval of GRANTOR. 14. TIME: Time is expressly declared to be of the essence of this easement. 15. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all financial and other records relating to this easement and GRANTOR shall have the right to audit such records at any reasonable time during the term of this easement. This right shall be continuous until this easement expires or is terminated. This easement may be terminated by GRANTOR should GRANTEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this easement, pursuant to Chapter 119, Florida Statutes. 16. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full responsibility for and shall pay all liabilities that accrue to the easement area or to the improvements thereon including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against this easement. 17. AUTOMATIC REVERSION: This easement is subject to an automatic termination and reversion to GRANTOR when, in the opinion of GRANTOR, this easement is not used for the purposes outlined herein, and any costs or expenses arising out of the implementation of this clause shall be borne completely, wholly and entirely by GRANTEE, including attorneys' fees. 18. RECORDING OF EASEMENT: GRANTEE, at its own expense, shall record this fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen days after receipt, and shall provide to the GRANTOR within ten days following the recordation a copy of the recorded easement in its entirety which contains the O.A. Hook and Pages at which the easement is recorded. Failure to comply with this paragraph shall constitute grounds for immediate termination of this easement agreement at the option of the.GRANTOR. Page 4 of 12 Easement No. 32470 R 09/11 19. GOVERNING LAW: This easement shall be governed by and interpreted according to the laws of the State of Florida. 20. SECTION CAPTIONS: Articles, subsections and other captions contained in this easement are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this easement or any provisions thereof. 21. SPECIAL CONDITIONS: The following special conditions shall apply to this easement: None. Page 5 of 12 Easement No. 32470 R 09/11 IN WITNESS WHEREOF, the parties have caused this easement to be executed the day and year first above written. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: (SEAL) Witness SCOTT E. WOOLAM, CHIEF, BUREAU OF PUBLIC LAND ADMINISTRATION, Print/Type Witness Name DIVISION OF STATE LANDS, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Witness Print/Type Witness Name "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of 20_, by Scott E. Woolam, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, acting as agent on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Legality By: DEP Attorney Page 6 of 12 Easement No. 32470 R 09/11 ST. LUCIE COUNTY, FLORIDA By its Board of County Commissioners By: Witness --- Print/Type Name Print/Type Name Witness Title: Print/Type Name Attest: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of St. Lucie County Florida (OFFICIAL SEAL) "GRANTEE" STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of 20_, by and as and on behalf of the Board of County Commissioners of St. Lucie County, Florida. They are personally known to me or have produced as identification. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Page 7 of 12 Easement No. 32470 R 09/11 Exhibit "A" Legal Description An easement for utility purpose, over, under and across a parcel of land lying in Section 14, Township 35 South, Range 39 East, St. Lucie County, Florida. Said easement being more particularly described as follows: The South 15.00 feet of the North 64.00 feet of the Northwest one -quarter (NW'/4) of the Southeast one -quarter (SE '/.) of said Section 14. LESS and except the West 30.00 feet for right-of-way of Rock Road. Containing 0.46 acres, more or less. Surveyor's Notes: 1) This sketch and legal description is based on office information only and does not represent a boundary survey. 2) Thig legal description shall not be valid unless: A)Provided in its entirety consisting of 2 sheets, with sheet 2 being the sketch of description. B) Reproductions of the description and sketch are signed and sealed with an embossed surveyor's seal. SSM 4PPP.ovE:rr) Certification SY _ J:�tof®I I Z (Not valid without the signature and original raised seal of a Florida licensed Surveyor and Mapper) I hereby certify that the Sketch and Legal Description of the property shown and described hereon was completed under my direction and said Sketch and Description is true and correct to the best of my knowledge and belief. I further certify that this sketch and description meets the Minimum Technical Standards for Surveys set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027 Florida State Statutes. The Sketch and Description is based on information furnished by client or client's representative. -- Date of Signature Peter Andersen Professional Surveyor and Mapper Florida Certificate No. 5199 15' UTILITY EASEMENT REVISIONS COPYRIGHT O 2010 By GOY, INC., PROFESSIONAL SURVEYORS AND Mnrrt Ks umwng n : — — — — Exhibit "A" Page 8 of 12 Easement No. 32470 0 300 1'-300' NORTH 64' OF THE_] L SOUTH iE NORTH OF NW 1/4 OF SE 1/4 OF SECTION 14 WEST 30' NW 114 OF SE 114 OF SECTION 14 NOTE: 15' UTILITY EASEMENT This drawing does not represent a boundary survey and is based on office information only. SKETCHKW4ND LEGAL DMMPTION FOR: AHorn & Aswck tm Y s1. waE cauHn, FLowDA I N-C 0 R P D R A i Y D PIIOI!®9f0I 808YYL, , llPD YNPPERR same Date R. t 0m.fq Na,: �s7 Or ►UMINtSO M 1 u0�1D-1053-01 MKIAE WIS YALLIIWRII CAQ A vOR Lew •q M s WAm MM t'M * 1�A.,w n a wa n ex awua meet N0. REVISONS DATE BY (.om ieitoia {eeW'+7c-mew J,A,S. 0.N.S Z, Dr 2 OOPYRIOHT O 2010 BY OCY, INC„ PROFESSIONAL SURVEYORS AND MAPPERS D—hq Narne•. TCERDA 10 U0 E—t Exhibit "A" Page 9 of 12 Easement No. 32470 Legal Description An easement for access, pedestrian and utility purposes over, under and across a parcel of land lying in the Southwest one -quarter (SW %) of the Southeast one -quarter (SE'/.) of Section 14, Township 35 South, Range 39 East, St, Lucie County, Florida. Said easement being more particularly described as follows: Commence at the Southeast corner of said Section 14; thence along the South line of said Section 14. South 89°46'45' West, a distance of 1357.71 feet to the Southeast comer of aforesaid Southwest one -quarter (SW Y.) of the Southeast one -quarter (SE %); thence along the East line of said Southwest one -quarter (SW %.) of the Southeast one -quarter (SE ''/.), North 00'34'50r West, a distance of 90.00 feet to the Point of Beginning said point being on a line 90.00 feet north of and parallel with, as measured at right angles to, the aforesaid South line of Section 14; thence along said line, South 89'46'45' West, a distance of 1277.80 feet; thence North 52a09'18" West, a distance of 23.52 feet to a point on a line 104.50 feet North of, as measured at right angles to, the aforesaid South line of Section 14; thence along said line, North 89a4645' East, a distance of 1258.81 feet; thence North 34'29'24' East, a distance of 65.13 feet to the aforesaid East line of said Southwest one -quarter (SW%) of the Southeast one -quarter (SE'/.), thence along said East line, South 00a34'50" East, a distance of 68.D4 feet to the Point of Beginning. Containing 0.45 acres, more or less. t y_A::A Daie�3 12 14.5' ACCESS/PEDESTRIAN/UTILITY EASEMENT I DESC ®®® SKETCH AND LEGAL Fee Ktmley Hornk Amodswdatst ST. LUCIE COUNTY, FLORIDA I R C O R P O R A T E D PROFESMONAL EDRYEYONS AND HAPPEBB mmICAU OF Av!>IVIAMm1 u 4100 calr IL a 1NLNlaiSa aria Sedk NONE Valk 10 0 n. Orn.tiy Nn, 10-to53-02 REIASE LEGAL DESCRIPTION REVI90N5 11.1111 DATE RU BY. ro.m�xeys gxtycm�w Nrf. irn Wilt—mmt Oaal so�lae pep esem pr BX J.Aa oM - D.W.S. 4irM 1 of 3 COPYRIGHT O 201D BY GCY. INC.. PROFESSIONAL 5VKY TYRE Exhibit "A" Page 10 of 12 Easement No. 32470 Surveyor's Notes: 1) This sketch and legal description is based on office information only and does not represent a boundary survey. 2) This legal description shall not be valid unless: A)Provided in its entirety consisting of 3 sheets, with sheet 3 being the sketch of description. B) Reproductions of the description and sketch are signed and sealed with an embossed surveyor's seal. 3) Bearings shown hereon are referenced to the South line of Section 14, Township 35 South, Range 39 East. Said line bears South 89°46'45" West. Certification (Not valid without the signature and original raised seal of a Florida licensed Surveyor and Mapper) I hereby certify that the Sketch and Legal Description of the property shown and described hereon Was completed under my direction and said Sketch and Description is true and correct to the best of my knowledge and belief. I further certify that this sketch and description meets the Minimum Technical Standards for Surveys set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027 Florida State Statutes. The Sketch and Description is based on information furnished by client or client's representative. Date of Signature Peter Andersen Professional Surveyor and Mapper Florida Certificate No. 5199 14.5' ACCESS/PEDESTRIAN/UTILITY EASEMENT ® SKETCH AND LEGAL DESCR lMom dAsoctotes ST. LUCIE COUNTY, FLOR IDA®® I N C O R P 0 R A T E D PROFESSIONAL SURVEYORS AND RAPPEI® S.A. p FS. • Orwfp Na: C1210MATI OF AW1MMMAT N III AM NONE 10 O 10-1D53-02 1 REVISE LEGAL DESCRIPTION 1121/11 RU CCpMAII Qfa�� �¢ n wI tta • um w �iutw Bwr. aoi Dram By o.*.d 9�t NO. REVISIONS DATE BY cxunwuuawancwo la�aei tap ' W w`4&' &OLS. D.KS. 2 of 3 COPYRIGHT O 2010 BY GCY, INC., PROFESSIONAL SURVEYORS AND MAPPQS Ormkp Name: TCMA-55 A.—P�d Emt Exhibit "A" Page 11 of 12 Easement No. 32470 0 300 1"m 300' a SW 1/4 OF THE SE 1/4 JD OF SECTION 14 II m o Z A F O En N { CD O Ci C 0 m I I m � W � ,nLn Q Nair o w 0.45 ACRESt �F o Z e N89'48'45'E — 1258,81' e e S8946 45 W— 1277.80 I / 14 i 13 --- e--✓✓✓ SOM UNE SECTION 14 N NSLRWMO CANAL NO. 48 s \ S89'4&'45'W — jY—ry 'o n SE CORNER OF TH24 OF THE SE 1/4POINT OF BEGINNING POINT OF COMMEN SOUTHEAST CORNER SECTION 14 NOTE: 14.5' ACCESS/PEDESTRIAN/UTILITY EASEMENT This drawing does not represent a boundary survey and is based (;GV SKETCH AND LEGAL DESCWPTION FOR: on office information only. fQntley Mom !: AssoclDtee ST. LUCIE COUNTY, FLORIDA I N C O R P O R A T E D PHOPEMONAL UURVXYMS AND YAPME s-ye Dolt FH c Drannp Ra: m21"U S or.meaaATM to aloe 1--30V 10 0 TO-1053-02 5 REVISE LEGAL DESCRIPRON 11/11/11 Rll mIe+011�a ona TALLNIa� elm A em fd •ttm m H/AlM m. r'Tn IN[R/!e CR]L DIOm ex Qutlt"G SM�t N0. RENSIONS DATE RY ��Ue6J�11aM awe J.A.S D.YLS 3 or 3 COPYRIGHT 0 2010 BY GCY, INC., PROFESSIONAL SURVEYORS AND MAPPERS Drarhg Neme: TCERDA-55 A--Ped Eemt Exhibit "A" Page 12 of 12 Easement No. 32470 ;.f�Js + 41 % 4 i ,�1•r �rll �4i .•, � � � I y.., I } 3 , � � i i ,. + n r7�4rkri�'�.. r�'i �`�`'� 1� �+ _ + - r. Apr-u�i}• rr : +:t ,T,= 3;1 I? ^"I y r „- �,�M,;S.'.r' - I`� tu�r A-..— ,�,� J� 'T - * `"i` L ' M�+'' r d,•r I rt ;t ill,t��.. �r ai, � c-�I .4�t � ?,t ; - A ? 1. L, '. F-. r I � , '� '{ riT �1�• 'fu-r]?F T' rr . I t -;t k`r�� f � �� , a��� � �, � 'i �1.++ �� a -�� t��y�,li�j1�•- � _ n>- ? c 1 L lalf Fr TAN., f f_ tLi:Po �,' I J. �� �`� Ir k _ I ^?y'r'l�{F�}'���r�+ .+T"T• .�. Nd .. l I 1. Iil 4r r I S Sri , + I r r' �:f ,•,I I 1 � <A;{ r� It ,- {� �' I r , q'� of D,D'. I ! r• I, - � E+,.Sl' I L�; r � I `t�i•Gi�' `` �eg �I ' llal�t�H�. i. l -I l'J>c1 d 7 !F'� � - � 1 ;ar � r� ' ., .1 I h'•� L ft� r.. I� � F . s SN ^ � I '. � � 11 • I i .{ i • i ir" `,4 t,4•Slf -i r' _ �r-I NI I+,d'-nc 7t1 3#lip.`- , �' it - Y r ::jar' +r, �"'� 1• �R� of *��r ,7. V �.?r� I '.y 1 I�.. V^r:� � '� L r V_ I .+t4 ��I I off �� ,� + 0�'• }t .if I: ,.,I ��5.� l q yd 16•�•� '`. },' .... l rr �"��;�`•+L- t �7flr a. �., r u���1•llTg1�r aE 7ii d - el �.• - i,. �I �fiI'f ' r �• - r ^ l x � � F —P, 21IXt — 4- 'Y :�4 _� _ f1 3 2 '� r ♦'^� r,ti JE r I r:'� I. I.+ � ta�,.... d'l ��'/ri" 1 •.f� �h..t '!�E� lT�' ltr •� i. ( J�rtl T+ �s r�'i 1 - � i r S a 1 lf,?!. Y ry' ,.. �6'• Lrir9 ni s I_.� t ly,. V 1 - r. •Y h" I - , V Y t tl l I It � i }I xl I� r •�. r7 r i I:1 _�,+1 n r.,�i� .. I�_ � 1•�1 I �` I � I �• L_ + I •� al r . I_ Awln E �:y�i7'ifii+rtr�?rtia r. t .. ..i�q. lN. yy �t ,' +x - "� Y I� f. f'tlli- yLt S:y�lY �#.i� •tt?}:.,^, p ' i, �.� 4��id ���1� I r J. 'fi lr. �•� PEl1 �t 7 it l�t. t] ��• �'' I .( TO: BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST ITEM NO. VI-B.3 DATE: July 3, 2012 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: "After the Fact" Revocable License Agreement David Langley 3809 South Indian River Drive Two (2) PVC pipes under Indian River Drive right-of-way BACKGROUND: FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A See Attached Memorandum RECOMMENDATION: Staff recommends that the Board approve the "After the Fact" Revocable License Agreement, authorize the Chairman to sign the "After the Fact" Revocable License Agreement and direct Mr. Langley to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: []APPROVED [ ] DENIED [ ] OTHER n l-�1r [x] County Attorney: Daniel McIntyre [x] Originating Dept: JoAnn Riley Review and Approvals [x] Road and Bridg �D,(on Pauley [x] Engineering: Mike Powley CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICIVIA-CM [x] Public Works: k Do West 'AlO 71,t 45 "Al �l oq4� I A Jul Property Acquisition Division memorandum TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: July 3, 2012 SUBJECT: "After the Fact" Revocable License Agreement David Langley 3809 South Indian River Drive Two (2) PVC pipes under Indian River Drive right-of-way BACKGROUND: Mr. David Langley owns property on the East and the West side of Indian River Drive. He made a directional bore under Indian River Drive to bring two (2) PVC pipes to the East side of his property. The bore was for two (2) 21/2-inch PVC pipes and is approximately 36-inch deep across the road. A condition of a Revocable License Agreement is that if there is any washout or damage on either sides of the road caused by this installation, it will be the responsibility of the property owner to repair. RECOMMENDATION: Staff recommends that the Board approve the "After the Fact" Revocable License Agreement, authorize the Chairman to sign the "After the Fact" Revocable License Agreement and direct Mr. Langley to record the document in the Public Records of St. Lucie County, Florida. Respectfully submitted, JoAnn Riley Property Acquisition Manager -li Z"i4'4d13l4� kA�rl� bra, h� t� l� 'fShfti�� ,� fftlr nf1�s%i 74 s �I7I3 3t�jFj se g r 1-7-7— r :< 3809 . 3 f S= gin'• "r Y x i t, Gti ��➢p, � i 7�y�raq 4yi== . J .',C aF Jr r s R I! 1 1 l P (.s + a^'•, This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 "AFTER THE FACT" REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 2012, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and DAVID LANGLEY, whose address is 3809 South Indian River Drive, Fort Pierce, FL 34982 ("Owners") WHEREAS, the Owners own the property described as follows: LOCATION: 3809 SOUTH INDIAN RIVER DRIVE TAX I.D. 2426-801-0002-000/7 WHEREAS, the Owners installed two (2) 2 1/2 inch PVC pipes for future utilities service, under South Indian River Drive at a depth of 36 inches. The PVC pipe is the entire width of South Indian River Drive right-of-way. WHEREAS, the County is willing to permit the Owners to use South Indian River Drive right-of-way for the installed pipes and maintain the utility crossing subject to the terms and conditions set forth in this "After the Fact" Revocable License Agreement. follows: NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as The County agrees to grant the Owners an "After the Fact" Revocable License Agreement for the installation of two (2) 2-1/2 inch PVC pipes under the South Indian River Drive right-of-way as indicated in the attached sketch and incorporated herein as Exhibit "A". The utility crossing will be the entire width of South Indian River Drive right-of-way. This license shall extend only to the above -referenced utility crossing and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this "After the Fact" License Agreement is to allow the Owners a means of providing utilities between their property on the West side of South Indian River Drive and on the East side of South Indian River Drive. !.Il mj� � Sr� vt a Ti 2- I';i'n);`;. �,{I, r•,: i 1' � a.�'., rl r rl e �}%1'm;71 '` � ` _ V i I r r (I'� ;Ih' �• � ��� ''" �r 'r � r� 'ty 1� ITi.i,. 'L'1I 1 y �� I� .rrl w:ri r r it -' I f.,Es• 4. I r+ ,tS +d u vvr�e qyi r? _ ��i 1s1lt L, �rd.' _, ,i _,, I .. �• ;Fi-:.�r'".k ( �_ �i 4a - 1.. 1 bl T�1 ��Y+. �r`uY '-� - r. dr'' � - Ih li -yf4 u �.rl�rir f 'IV s '�y,'FSJ~ }. 4f'Nr II wO h` .' Iaf1111 rJ iiifSi7 ,7�{1f} hfi%d �� �%�1CrF�rL�r J di a ILI � .'It�Yfl.'/� t6FJi:1�!'1��f�J1J�Y��G:�:YrljiYf �i4"ti•I3�3�A� I:., z r iF f % } f i 1St �/1 i"1a 17� rpffFJr[! 'fi g2i3 Q �i�eryr�iJk�{�r ' ? ifLt`ti'"��jS1Yi 43l +F •::5 I T� � �-r r t �-i _,r ns,Fc r t. :..�' t�- �•�11�rs =�a� , �f��. }' t � n�6�r I ; '�r;, I,- �, r ♦ r_ - ;�, 11F r'- y u J f1, `'' I IN Y7 t''�'I•f'�t�i�t'1 �4.3 713R^�' i rJ f's� . �� , • _ - �r� u � r fir' i �y ;�' • r tt£ "AVJi fd Y.Jgg.1"tr7ii7 �butw,:ffl57 J'"r1• n F ' n. C "1;, i irs { r ' 1�1 i i t Icar -01hz I rsi�_vJ'iT,:;.� *� i-3it1...� %{1�.6.rPvOf f dt)E'7�L11 5i:t�'.: . I I ssU>3 % �r i :ki, t `<r s r )r, l t +„f:, 3 i ;V }.�I l It>4►11Yt 11 � p, i ' : t fJbf u, li f 14 OVX r h� � (� t 1."!^i�l tC1,rr11l fr i �f)?•c F;a?It t +YFIt1�,I�,y�x,:rrF'.k�j}1��:tydi'-vt ,-rri2�f)?�Y(�flf�f;°S,�f=��1 ."�`'If�fllr�llir�iRt�'l:Alt'�r�t3.'.1��4sky't!l:�lli7��'[7JE�nZ:LAI"•r�.�i:�I34yj'1J+-Tl I ML&I't:;r' t,f I:+J �J.yJll°)"T,�i'I t^ [rtjll4;I � rx; tixi� t fi�7jK a'�}Pi .,¢In9 Y� ,d 1' .1f3W I,If trTM ii. ltl.E� i d�. fitil iti i 91J t� ( eir-,�.�ale�' �y�_tl-,��'9=�4��,���.ilt� , !' I.li �ti'r:�� �.t�+, �►..�f; �',` r �' �, � 6'13d I t3v r t4d- ;J.t7111Y'I,. sl't(:f�7�J 6 l[ , W €, , ,`ilrr[�:1 -r�rill i'4s•���.r�� i$i'Yrri".t; 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owners to keep and maintain the PVC conduit pipe, which will contain future utility service under South Indian River Drive. Any washouts or damage on the either side of the road caused by this installation will be the responsibility of the applicant to repair. 4. The Owners are required to have a licensed driller install the utility crossing in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards, together with a Maintenance of Traffic Plan for approval prior to construction and provide notice to the County Engineer with a schedule for construction. 5. This "After the Fact" License Agreement shall be binding on future successors and assignees of the Owners provided that Owners gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at the Owners' sole expense upon ninety (90) days written notice to the Owners. The County Engineer may, in lieu of termination, request that the Owners perform certain alterations to the utility service at the Owners' sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the installation of the utility improvements, the expiration of this "After the Fact" Revocable License Agreement, or the revocation of this "After the Fact" Revocable License Agreement, whichever occurs first, the Owners shall be responsible for the removal or plugging of the abandoned utility as directed by the County Engineer, consistent with the specifications of the County in force at such time. 8. The term of this "After the Fact" Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. The Owners agree to relocate the referenced improvements, at any time and at.no cost to the County, if necessary for the maintenance or improvements of South Indian River Drive by the County. 10. The utility service, PVC conduit pipe, shall be constructed in accordance with all applicable � � , • ! e r 1 � §AI_ I 4 f—•3mr�� '} ,-_ ,T-r 3• — -c�.r'fri!, 1„f i 7r it tr fh f f I, z i �', �d i.�E; y r tl �l'�k�'''�]�� "�•�Ci lf�',��f 1p�,'���� , ' f�j'1' �' ,+'' 4 f ,, , 4ia ' d '•;I r I �1 r , r:l,lap; ray 'Ir� �i' ( , I �- i4w4 .i , : 1`. , '7���i�� ��n ,.. � •,''�€�Yi "�I�r�� 41 �ti -'r� 'm �� 11'� �"� _- I r__ u�}�F ``lr ]�'j ,-e ,i r•' ,IV/wfikl'rgl°IJ+J�l ��k�,'i�RI�f�rY�`p7d� 4.'�L'�. ,.r ` : _ `�k I 1«rl � ,ll � "}J�4, I.I � *�I. �',���,-� rtI �'•.,.1� , •-r+k'4 fy �+f f�, 1 s "1 I r+y rf-'i ? x4. r6Y,t"5 u' i'Ll},.._'AI y. •� L r 'VE ,. ii., T fl ✓uf,4 u•},7� 1�4 � 7,U y III •g !; y ,n ��y N i I �F,-r I 4}}}{���� I' !fL�f. �•i'. i �'T• ', WhG,s'•- U I- r r r,Sr •lf % 1t!'. �,,' -rl r• .� t+�` k�tt3`�vY Prtt{f��sti�k#i r ti7CI f S�►.'��; hi I TL 4��,I L-"Y•�+__. � 1}Is, i �Lq;�q-rt�i� I 11 i-.I�l 1h jl I ' � 1. `IJ�I, h + f r} rt r• `Ifl i �!I., .d , �a, J , iCp y f; l r. ' - V ,ifif�reru�r%t.-gin ,r4r_i'#rr�3i rt�xr�rr,�t�x �. aIi `fErt:y ; +sr+aFs�Cti'ij� �s, io��r 1rr IAT , 'F r ridt1137 ,irl�tzcrirr �j « lr��f jt{I .titt��� fsz`+1'rUct1 '.l+r}rtr��>E�1Y'�' n 71 tl- xT r f I ( # TQrI, II ��iJi?:�r�.a511 rf��'�,��3 �3!,'1i-�!},,'��1 i 1 y,3-r Will'a ry(,(� Y r1r� L L I• rrkUl17.i'.""'.-"vrf"��}ari ' �.�.'kiMl „.�I I ,ly I �. • 'I� f "i CC - 1 - ' I 7j,v1�r i ill r a." -' III I I �, ,, r , • 1 ;,r� F', i �d , A• J �y, {llll {, + fi �,lS I F' - - • - r ,3AJ��:�iJ�"�;{jf,�'� lrf,<�7�if�,� �i ;���lrj •�L 1{� ; 3'srl':f�'t+ 1'C2?f>,ll�;r�:�'�{ilf�f:,•f:-��Sa'�r.`S�+{hPLI'�_��,��1JTr#��t>,�,t�{?)?3��!>iy1��z�:31t�3`�����v��Tth�Fr'aT�tp14'1'v'{� �..� ' �', � I I �rft'�r, �jl�1�,a?��G �!�'p�,{�,�~�,n7 ji{�i 'rz7' �idcs�iYa,fis�i ���{ tit3ti� a;u�Es�!r+2� �s�lJ 1�-f�� s��E!�1;�� -►�s.�>;irf�tci�,° ,�!��:��i°��y��t:p�, �I tl! 1ii Jf ;l.fi:"1 Tf�1) 'ltf?']IY, !!;l"tf�.yF� f��'F# 11,1'•:%1]l r7�'JLr1=cilC'�(idGrt'��G �1'1�`iG r = ,71iiatli 1%'�'t JI, _ r I -I!' -"Inb JiIj ap kf- ',[i.i� ift{; rJw,'F1,b'� `!r' k fi )l..i :his"u3a' IJY:)bf' i7Gv'' .It,e T � r:'r j •liT :'I �R71 �.1 i" j f r e '�� i r r 1:i; e�VU 1.Nrc+}f.�fJ,��6�jivr]:� tJ.�'ti'S $}i I`Ehiirs�'j•�ikiE�.. 4'r.3Li ll�i'I`,� J't"!''•�I:- - i'l'„ V 1:' •f' �9(L ]!r' �rliwf:` I�;}] 141.,'']':^ci.lr;itl'}'T•',i�:/1�1r�},1.1: j17=)!f75'��R'�:JU��1' ifi;`��k•'96 {11.;Jt`?1?!?f� _'i�71;:t,1� ` :'� � 1.,� :t�k'!U{1-.)�!�r•1'7•tci F>y'j.�'1f-� �'7Y�1}'_�%hil'"1i! L"tSi.lf}�C�Lta�!:I``."3fff3;f+.il�f{S�I'Q.'�+��%Ciu'J1'i��tli wi�'i {ifs' i?Efi ir1��? ii f"(1Pf1FC?') Sri ..,il4TW iJ � ;l,rw i7Jlrl ; f;,�'!� t'7.1,; FII' )w-)7J:llalI—d f sdr{ `+rlf !':;.Crib'. r)C1 Ef,;i.i.1_E I }(hwl1 ur1.{ a) 1 p 4 building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owners. Any maintenance activity will be subject to the written approval of the County Engineer. 11. The Owners agrees to allow County employees access to the location of the utility service crossing for County purposes as determined by the County Engineer, 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: David and June Langley 3809 S. Indian River Drive Fort Pierce, FL 34982 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. The Owners shall indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorney's fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owners' use of the property. 14. The Owners shall promptly record this "After the Fact" Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owners shall pay any document excise taxes and the cost of recording this "After the Fact" Revocable License Agreement. 5'' •��' � f ;fit l���. `' 1°+�11 C�(i� 1' yU�I�J,L3i� •4J}�� ',W'•f+,��.lf' 4 r ram• � :p f �, ..J IT•� ou y1517' I . Rl I ��'f .. 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A!!u gu&ftl:t�:i+ to p r— IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK W SS: i Witness —� 4wiess STATE OF FLORIDA COUNTY OF ST. LUCIE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY DAVID LANG The foregoing instrument was acknowledged before me this E$1 day of , 2012, by DA VID LANGLEY who produced e.� o e - (type of identificati and who did take an oath. WITNESS my hand and official seal, this 1S+_L day of _Z-- , A.D., 2012. NotaTT Public Stamp �1111lNiHflli��; Marie \�� oP, • ....., By it SIOIy�cA'•, _� Vo ember 4, d� j N' y y •. #DD 632769 o s '+ BondedmN Sig nature of Notary Public }' -` - ,, i. a �. . j,� y 1.,-�•[:-�{' '� IFI:. I- �,nI' �"1:'�� ! _ '� I ''� iw� �. - ' • �`i; ., + ..� � � R�,.I `1�,�!4ry� -,Yil1:1 { '.1.: _i 1.��•i • .'` v.�iv,''` '�z ��— r � -@ I� ° 6 + �. t - ah.-r,....-• r j, I'• (ry , r _Lr�';{ `.VnL�,r�1�� r J T ii a.fgr I' yl Fl I ,ct a clr .k 10 Y`�fs, et M�; 1;. '� au is*rrJi1" 'cr ltf�,J+�rrhrc,E I P 11li030i�Catt�,�ai�o�r , - h `lam 'y.4s,;I�S . --'r'�!� Y•rr, 'Inh - ,�� ti ���1` t� F;�,�� •�il�'r � !��,� ii[i�� `£Prt '� r��i''� T ��r'1 . Jai Its '�T'i�'•�� '�t}2jF��r tabbkr m 7 JT F, I,)- Z'flr ' 4- IL tl sue' I AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT) SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: County Attorney ITEM NO. VI-B.4 DATE: July 3, 2012 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre County Attorney Straticon Final Payment - Escrow Agreement See attached memorandum RECOMMENDATION: Staff recommends that the Board approve the Escrow Agreement and authorize the Chairman to sign the Agreement. Staff also recommends that the Board authorize the Finance Directorto wire the final payment of $294,084.53 to the Escrow Agent pursuant to the terms of the Escrow Agreement. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals County Attorney: 4,1Management & Budget Purchasing: Daniel S. McIntyre Originating Dept, Solid Waste Mgr.: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 12-0740 DATE: June 22, 2012 SUBJECT: Straticon Final Payment - Escrow Agreement BACKGROUND: The County's special construction counsel, Bruce Alexander, Esquire, has recommended that the County enter into the attached escrow agreement to facilitate final payment to Straticon for the digital Domain improvement project in the amount of $294,084.53. The process will facilitate an orderly close out of the project. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Escrow Agreement and authorize the Chairman to sign the Agreement. Staff also recommends that the Board authorize the Finance Director to wire the final payment of $294,084.53 to the Escrow Agent pursuant to the terms of the Escrow Agreement. Respectfully submitted Daniel S. Mclntyi County Attorney DSM/caf Attachment ESCROW AGREEMENT This Escrow Agreement ("Escrow Agreement") is entered into effective June 2012, amongst STRATICON, LLC, a Michigan limited liability company ("Contractor"), STERLING FACILITIES SERVICES, LLC ("Sterling"), a Florida limited liability company, as leaseholder from ST. LUCIE COUNTY, a political subdivision of the State of Florida ("Owner"), and HERNICZ LEGAL SERVICES, P.L., a Florida professional limited liability company ("Escrow Agent"). A. Sterling is the leaseholder of certain real property and improvements owned by Owner and located at 525 NW Peacock, Port St. Lucie, FL 34986 (the "Property"). B. Sterling hired Contractor under an AIA A101/201 Agreement dated December 20, 2011, to perform certain construction services (the "Construction") at the Property known as the "St. Lucie Mets Stadium Expansion." C. Sterling owes to Contractor a balance of Five Hundred Thirty -Three Thousand, Eight Hundred Sixty -Eight and 38/100 Dollars ($533,868.39) for the Construction under the Agreement and change orders to the Agreement. D. Owner and Sterling have agreed to deposit with Escrow Agent by wire transfer (instructions to Escrow Agent's IOTA Trust Account are attached hereto as Exhibit "A") a total of $533,868.39 (the "Settlement Funds") as full payment for the Construction (excluding any additional authorized changes), under the terms and conditions as more particularly set forth herein. In consideration of the obligations set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitations. Definitions and Conflicts. Sterling, Owner, and Contractor each confirm that the recitations set forth above are correct. 2. General Terms of Escrow. Escrow Agent agrees to act as escrow agent in accordance with this Escrow Agreement as follows: (a) Sterling shall deposit the sum of $239,783.86 and Owner shall deposit the sum of $294,084.53 (together comprising the Settlement Funds) by wire transfer with Escrow Agent within five (5) business days after execution of this Agreement. (b) Escrow Agent shall hold the Settlement Funds in escrow and shall release monies from such Settlement Funds upon the occurrence of the following conditions (collectively, the "Release Conditions"): (i) Contractor delivers to Escrow Agent its original statutory Contractor's Final Affidavit (CFA) (with copies furnished to all other parties to this Agreement), Unconditional Final Release of Lien, and original Performance and Payment Bonds, AIA A312 (2010); Escrow Agent may tender payment from the Settlement Funds in the Page 1 of 5 amount of $37,387.80 to Alter Surety Group, Inc., to obtain the release of the Performance and Payment Bonds. (ii) In exchange for unconditional waivers and releases of lien, Escrow Agent may release Settlement Funds to the subcontractors and suppliers identified in Contractor's CFA in the amounts identified as being owed in the Contractor's CFA, with all releases of Settlement Funds being made only by Trust Account check. (iii) Escrow Agent will provide scanned copies of all waivers and releases of lien collected from subcontractors and suppliers and copies of all checks as Settlement Funds are released to counsel for Owner and Sterling. (iv) Only after Escrow Agent has obtained waivers and release of lien from all subcontractors and suppliers on Contractor's CFA may Escrow Agent release the balance of the Settlement Funds to Contractor. (v) Upon release of the balance of the Settlement Funds to Contractor, Escrow Agent shall also forward to counsel for Owner Contractor's original CFA, original waiver and release of lien, all original waivers and releases of lien from all subcontractors and suppliers, and Contractor's original Performance and Payment Bonds. 3. Resolution of Disputes. In the event of any dispute between or amongst Sterling, Owner, and Contractor regarding the Settlement Funds or any documents held by Escrow Agent, or in the event Escrow Agent shall receive conflicting demands or instructions with respect thereto, Escrow Agent may withhold disbursement or delivery of any disputed Settlment Funds or Documents until Escrow Agent receives either: (a) joint written instructions from Sterling, Owner, and Contractor with respect to the disbursement or delivery of the same; or (b) an order from a court of competent jurisdiction that is binding upon Escrow Agent regarding to the disbursement or delivery of the same. 4. Interpleader. In the event of any dispute or conflicting demands or instructions, or any disagreement regarding the interpretation of this Escrow Agreement or regarding the rights and obligations or the propriety of any action contemplated by Escrow Agent hereunder, Escrow Agent may, at its sole discretion, file an action in interpleader in the Circuit Court for St. Lucie County, Florida, and upon deposit of the Settlement Funds with the Registry of the Court be relieved of any further liability or responsibility as Escrow Agent, 5. Release of Liability. Escrow Agent shall not be liable for any mistakes of fact or errors in judgment, or any acts or omissions of any kind, unless caused by its willful misconduct or gross negligence. Sterling, Owner, and Contractor jointly and severally agree to release and indemnify and hold Escrow Agent harmless from any and all claims, demands, causes of action, liability, damages, judgments, including the reasonable costs of defending any action against it, together with any reasonable attorneys' fees incurred therewith, in connection with Escrow Agent's undertaking pursuant to this Escrow Agreement, unless such act or omission is a result solely of the willful misconduct or gross negligence of Escrow Agent. 6. Reliance on Documents. Escrow Agent may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine, may assume the validity Page 2 of 5 and accuracy of any statements or assertions contained in such writing or instrument, and may assume that persons purporting to give any writing, notice or instruction in connection with the provisions hereof has been duly authorized to do so. Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner of execution, or validity of any written statements or instructions delivered to it. Escrow Agent shall not be liable in any manner for confirming the identity, authority, or rights of any party hereunder. Escrow Agent undertakes to perform only such duties as are expressly set forth herein, and there are no implied duties or obligations of Escrow Agent. 7. Discharge of Escrow Agent. Escrow Agent shall be discharged of its obligations hereunder upon the disbursement or delivery of the Settlement Funds and documents held by it in accordance with the terms of this Escrow Agreement, including any delivery or disbursement pursuant to an interpleader action. 8. Notices. All notices, demands, or other communications hereunder shall be in writing and given to the person(s) to whom the notice is directed, either by: (a) actual delivery at the address(es) stated below, including a national overnight delivery service, which shall be deemed effective at the time of actual delivery; (b) certified mail, return receipt requested, addressed as stated below, posted and deposited with the U.S. Postal Service, which shall be deemed effective three business days after being so deposited; (c) facsimile transmission to the facsimile transmission number stated below, provided that there is contemporaneous deposit of such notice with a national overnight delivery service addressed as stated below, which notice shall be deemed effective upon the earlier to occur of: (i) completion of the facsimile transmission; or (ii) actual delivery; or (d) e-mail transmission to the e-mail address stated below, provided that there is simultaneous deposit of such notice with a national overnight delivery service addressed as stated below, which notice shall be deemed effective upon the earlier to occur of: (i) completion of the e-mail transmission; or (ii) actual delivery by the overnight delivery service. All notices, demands, or other communications hereunder shall be addressed as follows: If to Owner: St. Lucie County Administrator 2300 Virginia Ave. Fort Pierce, FL 33482 Attn: Dan McIntyre Facsimile: (772) 462-1648 E-Mail: mcintyred@stlucieco.org If to Escrow Agent: HERNICZ LEGAL SERVICES, P.L. Attn: Charles B. Hemicz, Esq. 15854 Bent Creek Road Wellington, FL 33414 Facsimile : 561-753-7082 E-Mail: CherniczaHerniczlegal.com If to Contractor: STRATICON, LLC 8167 North 32 nd Street Richland, MI 49083 Attention: Bret Comar Facsimile: (260) 585-6129 E-Mail: bret@straticon.com If to Sterling: Sterling Facility Services, LLC Attn: Doug Anderson 527 NW Peacock Blvd. Port St. Lucie, FL 34986 Facsimile: (772) 878-9802 Email: ddianderson(a)aol.com Page 3 of 5 Where two recipients of parties to this Escrow Agreement are shown above, any notice, demand, or other communication hereunder shall be effective when first given to either recipient, provided that both recipients are given such notice, demand, or other communication. 9. Reimbursement of Expenses. Contractor shall be solely responsible and will promptly reimburse Escrow Agent upon request for all expenses including attorneys' fees, incurred by it in performing its duties hereunder. 10. Escrow Agent Counsel for Party. The parties acknowledge that Escrow Agent may act as counsel to and represent Contractor in connection with any matters related to this transaction. Sterling and Owner agree that they shall not raise any objection to such representation in the event of any dispute between or amongst Sterling, Owner, and Contractor relating to this Escrow Agreement. 11. Miscellaneous. This Escrow Agreement may be executed in counterparts, and the counterparts together shall constitute the single agreement of the parties. Facsimile transmission of a counterpart signed by a party shall be sufficient to establish signature by that party. References to a specific time of day (e.g. 5:00 p.m.) shall be determined by reference to the time zone for the office of Escrow Agent referenced in Paragraph 12 (Notices) above. This Escrow Agreement shall be: (a) governed in accordance with the laws of Florida; (b) amended only by a written instrument signed by Owner, Contractor and Escrow Agent; and (c) binding upon and enforceable by the parties and their respective successors and assigns. Any legal proceeding relating hereto shall be maintained only in St. Lucie County, Florida. The parties have caused this Escrow Agreement to be executed effective the date first stated above. OWNER: ST. LUCIE COUNTY By: Name: Title: ESCROW AGENT: CONTRACTOR: STRATICON, LLC By: Name: Title STERLING: By: Name: Title: Page 4 of 5 EXHIBIT A - WIRE TRANSFER INSTRUCTIONS Bank of America 13850 Wellington Trace Wellington, FL 33414 (561)333-1193 ABA# 026009593 Name: Hernicz Legal Services, P.L., IOTA TRUST ACCOUNT Account# 005487028752 Page 5 of 5 viY� 1 ��i,'!'iIJG � "s,V:, J ih It'I,, I # I iry,�r;air��•r.,�, � fl3', ;��rl�n�.ar k �rw'n�1�� . 4�'..K r`��';��- _ I, 'r,J;� =:,dslt�'�.'���': f�$ ,+ �; r r It le v,�F�t .S `5i �i31i R, , -' ill ,�; ', } 'rri sr� �,�r h• �'�:,�,�r I � �-I"�3'rdrl�^� r•;"-ru Sl„I, I`?," �r,,'P; 1,11M IZ'fl I I,J(tJ2_ 3,k rgl�3 p� m' 1 ` �yl :+S A I!�l Iy +�r+ ' S•�' ' ftir�1 1P _'• �'M�r i j�ti{ra '�4r i u�l"t � , i'I, I: I � j I� ; � '? 1� ,r . �`, J,; r �+ � t• 'S 7 � � i�, F' # I U �F`r 1Y t _ f1I. � ��"r •r �'+� Ip + Iv 3 k u`,I N1} ',4•�: I1� I-r�l; „ e,, S -, .f Y 1 id r I x, r A - I 7}Iti.�'.,d i r LIf�ifrI4 ty,J•)I e�,I P II. f.ta)�r'r.' 1�� hn�M1rt Wt k<I'r{II ry a j J,I, f 'runI'!� ` r f!, ld. dqd?.•{Yrr + .I`I , a �� I+ d a<� {' I I� I 't '`•" �'ur , �','�!` I• "r i rfi rf' " I, #:I r, , a ;il r r'r Fr 4t JJ11r r C ` rry. ,. l + P.? 'rP r„ �t� _ �1 S yY� I l� r.' C 'Ptl'� ��r,"-•�i Y'TI� d lllfll IF ++ � -' -'j •�« ''I','�7 �' r' 4ti'nf ■4 ,, k, w u 'i • � IF�r I � - i� T, , t7I r ,I, r.. I" I +b �,�: �� IIrI'I�t. � '-I it " i��r Iy r� I .I�� I I ' Poll _ - I 711ff r , y; 1 1 IF rl I II AI F ur': I � I• a i„,} 7 it ,.. ,� 111_5, ,i 'I'_ r1 .- ,. y', } + 1r_ I� kr I'+>+IY 1L,?,I„.k �Ir i��j•Y+� iJ 'I II IIrIII , �Vf. r - r r �-��. G;>-t- „ F r r I, " .v?r� , f ,rs� , , tl vs I IS t„ I;, , r f , Ir I II t3 y� �I D : C r , mil qN q �'I'd., ., li. I '• `� I' I'�' f ft:la rr 5{ T+ 4, I� IKv'I f� f >�}rglitr I� •� s r � f tie I Ir I� r• a v?�:• �' I �"� ��� 11h r , ��,� I �� '' �I',� �'�� r �' ,,��.,,r'I„ .i -_ri';n ,�I,h��,,�� I� � !•I•'•^i� .�`��� �.Ir.'�, !j�" ,�`kr, ,I I Irf I �,�1 r "�i d�i�,� rinl+-+I. 'L'';f }, -�Ir�e ., '+„4',r `t 'Iv' ;rLu 1Y vn3 7 f _ I• I{5 t, ' I�y - I irk4 ti �I 'r n I�✓1 _ I,i Per 'Jlil _ I ;r„-ui A. ' i, �'ly 'll r S. ` .in r II r I F?, I it JJ- '�, "' '{I � '� I �{I r 1, � vl ' , r- � � I� i'I! ,,, I I,'Ir,. �';Ir ,' �� '• ' { � Ii, �i*I,: I r rub Ili' 4 FI r' , CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED Bv- -_� Donald Pauley SUBMITTED BY: Public Works / Road & Bridge Division Road & Bridge Manager SUBJECT: Computerized Traffic Signal Enhancement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: No Match. 100% funded by Florida Department of Transportation PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Resolution No. 12-128 and Resolution No. 12-081, and authorization for the Chairman to sign the Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for funds in the amount of $192,555 to enhance the operation of the County's computerized Traffic Signal System. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator 011 Coordination/Signatures County Attorney ( X ) i / OMB (Director) Daniel S. Mclntrye Budget Analyst Originating Dept. (X ) Public Works Donald Pauley (X ) 1<1<1 Marie Gouin Robert O'Sullivan (x) D n West Page I of 2 Public Works Department Road & Bridge Division MEMORANDUM TO: Board of County Commissioners THROUGH: Don West, Public Works Director FROM: Donald Pauley, Road & Bridge Manager DATE: 7/3/2012 SUBJECT: Computerized Traffic Signal Enhancement ITEM NO. VI-C Background: In this Joint Participaton Agreement, The Florida Department of Transportation will provide funds in the amount of $192,555 to enhance traffic signals at the six locations listed below: Angle Road @ Kings Highway 1-95 @ Saint Lucie West Blvd. Weatherbee Road @ US1 Indrio Road @ Kings Highway N. Al @ Atlantic Beach Blvd. N. A1A @ Old Dixie Highway This funding will include new master cabinets, conduit and video detection cameras. These overhead cameras detect the presence of vehicles in order to control the timing of the signal. They are more cost effective than in -ground loops, that are cut into the pavement. In order for this agreement to be utilized a Budget Resolution is needed to set up a fund number dedicated for this grant. There is no match required by the County. See Attachements Al — A3. Recommendation: Board approval of Budget Resolution No. 12-128 and Resolution No. 12-081, and authorization for the Chairman to sign the Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for funds in the amount of $192,555 to enhance the operation of the County's computerized Traffic Signal System. Page 2 of 2 RESOLUTION NO. 12-128 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the State of Florida, Florida Department of Transportation in the amount of $192,555 towards furnishing and installing upgrades to the hardware and software on existing traffic systems. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 3rd day of July, 2012, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2011-2012, and the County's budget is hereby amended as follows: REVENUE 101220-4109-334411-400 FDOT-Transportation $192,555 APPROPRIATIONS 101220-4109-553110-400 Traffic Signal Maintenance $192,555 After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Paula Lewis, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED THIS 3RD DAY OF JULY 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY � l � xl i i1^F"Tj- ri�x *Is fiE m4 It > dll ,. 4fif 'C 'a a}•t �I ��ri � IZYi ��1 irk Yyt �'.a:r� �1r�j 'T'4'j > i t. d� n 1,} i � ! fry,, r> ,t + %, JI rJ�� fly �� ,F`17 � .,� r�~a-I y x��. !I ��` �� �R,S�'�;�•,d�yr -. - {'li- �1�3;� .�'.,.� ,. ?r{i'r r"�+�Iaf,�7f��Y['r K. -'-�'t x=i'�' _ - s � �f'ti'+ " ��I - '-.b•'� ,. .,.. .,.1 i'..!)'�i� �, a�; NM 4J.'-ArCq_ Y !'fir, lu efy ,�F is ' �i ,1 Yj1aI `�, it! `, �W„� i1� q, - �?>•.�. :.f• i:<. k� i �s� €, I'f`f' •'�3FS t iR J r , 2r! tom-•'�:w i, �fr'J Yz r�' 1- - 3 F F.%•. ' k r & --` <fi r�l � I f �T � rF ,. rlu� I t � �' � `'�i t�• - � f � �r fii-� r ' tr I h € -- x�- a 4 TO e`r,r '"S"�rrif� l 11! tl `Icrl*+ti4. "{ eR � �y%�=1 jo f ) s' � S� , I � 7• ? , r , I111 r Y'1 I'. +. i' c ? IN I r r S 1} y�, ttJ 1rl T!g } r„ 'Sr - S++ N'r•. �� F101r 1 r, 1 1 r •.r ` ''L ' ,I v-=r��ti�r_`•'� , =4 � �dl�. f 7' f,� ��y A = tic J $ _S c I, If O��1-�� �� �' s. ,... � c• 1 x I ': a,r}J r- �. Ai �'. ' +r fir 'f -g 1, '-,R d ,f• tltltlr.s�, Y14,h {Jc«c.,,uryf _ V c. - .ri ;eAtii - nfifiljUic'#t+��}`�'i3-1Uvo 3 - �;.ILL.f L.= r ry �.+klt�:: 9'Q •i l�'wi 'l 7`¢g7Ti :' 'i `q i. t�. 'r.rf•i;rY .1:a' G},p�i - TIN 1 10'Q'F;;ACi8 ia"irT r 3 r - s 1 f; RESOLUTION NO. 12-081 A RESOLUTION AUTHORIZING AND APPROVING EXECUTION OFTHE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND ST. LUCIE COUNTY JOINT PARTICIPATION AGREEMENTTO PROVIDE FUNDING FOR INCREASED RESOURCES TO ENHANCE THE OPERATION OF THE COUNTY'S COMPUTERIZED TRAFFIC SIGNAL SYSTEM BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS; AND AUTHORIZING THE CHAIRMAN OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE AGREEMENT; 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 Department and the County are desirous of having the County make certain improvements with the Department providing the funding for increased resources to enhance the operation of the County's computerized Traffic Signal System, 2. This Board should authorize and approve execution of the Joint Participation Agreement with the State of Florida Department of Transportation to provide funding for increased resources to enhance the operation of the County's computerized Traffic Signal System. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby authorize and approve execution of the Joint Participation Agreement with the State of Florida Department of Transportation to provide funding for increased resources to enhance the operation of the County's computerized Traffic Signal System. 2. The Chairman of the Board of County Commissioners and the Clerk are hereby authorized to execute the Joint Participation Agreement approved by this resolution; and further, the County Attorney is hereby authorized to execute the agreement by approving it as to legal form and correctness. After a motion and second, the vote on this resolution was as follows: Chairman Tod Mowery XXX Vice Chair Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this day of 2012. A2 ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Appropriation Bill Number(s)/Line Number (s) Contract No.: SB 2000: FM Nos,: 409730-3-58-01 DUNS No.: 80-939-7102 EAT No: N/A CFDA No.; N/A FEID No.: VF-596-000-835 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT THIS Joint Participation Agreement (hereinafter referred to as "Agreement'), entered into this day of , 20 , by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and St. Lucie County, at 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as the COUNTY. WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain enhancements in connection with Financial Management (FM) Number 409730-3-58-01 (Funded in Fiscal Year 2012 - 2013) for the upgrades to Traffic Signal System Equipment located on the State Highway System in St. Lucie County, Florida. Refer to Exhibit A attached hereto and made of part hereof; and WHEREAS, the DEPARTMENT is prepared to contribute funds toward furnishing and installing upgrades to the hardware and software on existing traffic signal system; and WHEREAS, for purposes of this Agreement, enhancements to be made as stated above are hereinafter referred to as the Project; and WHEREAS, said Project is on the State Highway System, is not revenue producing and is contained in the DEPARTMENT'S Adopted Work Program; and WHEREAS, the improvements are in the interest of both the COUNTY and the DEPARTMENT and it would be more practical, expeditious, and economical for the COUNTY to perform such activities; and WHEREAS, the COUNTY by Resolution No. adopted on 20 , a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following: The recitals set forth above are true and correct and are deemed incorporated herein. Page I A3 2. The COUNTY shall commence and complete the Project as described in Exhibit A with all practical dispatch in a sound, economical, and efficient manner and in accordance with the provisions herein. The COUNTY shall be responsible for assuring that the PROJECT complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. The DEPARTMENT shall make available to the COUNTY upon request any design plans, standards, or specifications relevant to the COUNTY enhancement activities. The COUNTY shall be responsible for verifying the accuracy of design plans as supplied by the Department and shall revise them as necessary to reflect current conditions. 4. The COUNTY shall have the sole responsibility for resolving claims and requests for additional work for the Project. The COUNTY will make best efforts to obtain the DEPARTMENT input in its decisions. 5. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT or June 30, 2014, whichever occurs first. 6. The DEPARTMENT agrees to pay the COUNTY for services described in Exhibit A of this Agreement, The total DEPARTMENT share towards this Project is an estimated amount not to exceed ONE HUNDRED NINETY TWO THOUSAND FIVE HUNDRED FIFTY FIVE DOLLARS AND NO CENTS ($192,555.00), for actual costs incurred. Ill the event the actual cost of the Project exceeds the DEPARTMENT's share of ONE HUNDRED NINETY TWO THOUSAND FIVE HUNDRED FIFTY FIVE DOLLARS AND NO CENTS ($192,555.00), any additional cost shall be the sole responsibility of the COUNTY. 7, The COUNTY shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of services to be performed and the criteria for evaluating successful completion. The deliverables for this Project are shown in Exhibit B attached hereto and made a part hereof. 8. Upon submission by the COUNTY of a quarterly invoice, the DEPARTMENT's Project Manager will notify the DEPARTMENT's Traffic Operations Engineer to inspect and verify that services by the COUNTY meets or does not meet the DEPARTMENT's standards/minimum level of service. Page 2 9. Invoices shall be submitted by the COUNTY in detail sufficient for proper preaudit and postaudit thereof, based on the quantifiable, measurable, and verifiable units of deliverables as established in Exhibit B. Deliverables must be received and accepted in writing by the DEPARTMENT's Project Manager or designee prior to any reimbursement. Supporting documentation must establish that the deliverables were received and accepted in writing by the COUNTY and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Paragraph 7, has been met. Supporting documentation shall include copies of any invoices for software purchases, hardware, etc., contracts, or vouchers evidencing in proper detail the nature and propriety of the Project charges. 10. The COUNTY must submit the final invoice to the DEPARTMENT within 120 days after the final acceptance of the Project. Invoices submitted after the 120 days time period may not be paid as determined at the sole discretion of the DEPARTMENT. Tile filial balance due under this Agreement will be reimbursed upon the completion of all Project services, receipt of final cost documentation, and proper submission of a detailed invoice after the Project has been inspected, approved, and accepted to the satisfaction of the DEPARTMENT in writing, 11. The COUNTY acknowledges and agrees that the DEPARTMENT's obligation to pay the sun set forth herein is contingent upon an annual appropriation by the Florida Legislature. 12. In the event the Project costs or Project modifications increase or exceed the amount authorized in paragraph 6, the DEPARTMENT and the COUNTY shall meet and attempt to mutually agree to the amount and distribution of the additional funding needed to complete the Project. Any funding increase or modifications to the Project shall be added by means of an amendment to the Agreement to be signed by both parties before work is undertaken. However, in the event the COUNTY and the DEPARTMENT fail to negotiate an amendment for any reason whatsoever, then the increase in the Project costs will be the sole responsibility of the COUNTY. 13. Project costs eligible for DEPARTMENT participation will be allowed only from the date of this Agreement. It is understood that DEPARTMENT participation in eligible Project costs is subject to: a) Legislative approval of the DEPARTMENT's appropriation request in the Work Program year that the Project is scheduled to be committed. Page 3 b) Approval of all plans, specifications, contracts, and all other terms of this Agreement. 14. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department of Financial Services under Section 215.422(14), Florida Statutes, or by the Department's Comptroller under Section 334.044(29), Florida Statues. 15. COUNTY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt of an invoice from the COUNTY, the DEPARTMENT has ten (10) business days to inspect and approve the goods and services where business day is defined as any day of the week excluding Saturday, Sunday and any legal holiday as designated in Section 110.117, Florida Statutes. The DEPARTMENT has twenty (20) calendar days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) calendar days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 16. If payment is not available within forty (40) calendar days, a separate interest penalty at a rate as established pursuant to Section 55.03(l), Florida Statutes, will be due and payable, in addition to the invoice amount, to the COUNTY. Interest penalties of less than one (I) dollar will not be enforced, unless the COUNTY requests payment, Invoices that have to be returned to the COUNTY because of COUNTY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. 17. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236. 18, The COUNTY shall establish for the Project, in conformity with uniform requirements that may be established by the DEPARTMENT, program guidelines, or procedures to facilitate the administration of the financing program, separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the 'Project Account'. The Project Account information shall be made available upon request by the DEPARTMENT at any time during the period of this Agreement and for a period of five years after the final payment is made, Page 4 19. The COUNTY shall provide to the DEPARTMENT for each of its fiscal years for which the Project Account remains open, an audit report prepared either by its official auditor or audit agency or an independent Certified Public Accountant, reflecting the use of the funds of the DEPARTMENT, the COUNTY, and those from any other source with respect to the Project. Audits shall be performed in accordance with Generally Accepted Government Auditing Standards contained in the Standards for Audit of Governmental Organizations Programs Activities and Functions, issued by the U.S. General Accounting Office and OMB CircularsA-133 where applicable. 20. In determining the amount of any payment, the DEPARTMENT will exclude all Project costs incurred by the COUNTY prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the DEPARTMENT. 21. Prior to performing any of the work set forth in Exhibit A, Scope of Services, the COUNTY must obtain approval in writing by the DEPARTMENT. The COUNTY shall not execute any contract or obligate itself in any planner requiring the disbursement of DEPARTMENT funds to consultants, subconsultants, contractors and/or subcontractors, and/or any other third party with respect to the Project without the prior written approval of the •DEPARTMENT. Failure to obtain such approval shall be sufficient cause for nonpayment by the DEPARTMENT. The DEPARTMENT specifically reserves unto itself the right to review the qualifications of any consultants, subconsultants, contractors and/or subcontractors to approve or disapprove the employment of the same. 22. It is understood and agreed by the parties hereto that participation by the DEPARTMENT in a Project with the COUNTY, where said Project involves a consultant contract for engineering, architecture or surveying services, is contingent on the COUNTY complying in full with provisions of Section 287.055, Florida Statutes, Consultant's Competitive Negotiation Act. At the discretion of the DEPARTMENT, the COUNTY will involve the DEPARTMENT in the Consultant Selection Process for this Project. In all cases, the COUNTY's attorney sliall certify to the DEPARTMENT that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 23. The COUNTY agrees that the Project facilities and equipment will be used by the COUNTY to provide and/or support enhancements to the operation of the computerized traffic signal system for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the DEPARTMENT. The COUNTY further agrees to maintain the Project facilities and equipment in good working order for the useful life of said facilities or equipment at its sole cost and expense. Page 5 24. The COUNTY agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the COUNTY, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 25. In the event it becomes necessary for the DEPARTMENT or COUNTY to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to any such litigation shall be in Broward County. 26. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 27. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request, Records of costs incurred include the COUNTY's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. 28. In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during; such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding; one year, but any contract so made shall be executory only for the value of the services Page 6 to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the . DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year." 29. The COUNTY will comply with all Federal, State, and Local laws and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age, or disability in the performance of work under the Agreement. 30. E-Verify. The COUNTY/ Vendor/ Contractor: a) shall utilize the U.S, Department of Homeland Security's E-verify system to verify the employment eligibility of all new employees hired by the COUNTY/ Vendor/Contractor during the term of the contract; and b) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 31. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the COUNTY. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 32. Witli respect to any of the COUNTY's agents, Consultants, subconsultants, contractors, and/or sub -contractors, such party in any contract for this Project shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, subconsultants, contractors and/or subcontractors. The COUNTY shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 33. This Agreement is governed by and construed in accordance with the laws of the State of Florida. Page 7 34. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation fi•om the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 35. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Foil Lauderdale, Florida 33309-3421 Attn: Leos A, Kennedy, Jr. With a copy to: Jonathan Overton A second copy to: Office of the General Counsel If to the COUNTY: St. Lucie County 2300 Virginia Avenue Foil Pierce, Florida 34982 Attn: Mr. Gene Snedeker, P,E. With A Copy to: County Attorney ,SPACE INTENTIONALLY LEFT BLANK Page 8 IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. . hereto attached. STATE OF FLORIDA ST. LUCIE COUNTY DEPARTMENT OF TRANSPORTATION BY: BY: NAME: COURTNEY DRUMMOND, P.E. TITLE: DIRECTOR OF TRANSPORTATION OPERATIONS day of .20 ATTEST: LEGAL REVIEW: BY: COUNTY CLERK (SEAL) OFFICE OF THE GENERAL COUNSEL APPROVED AS TO FORM APPROVED: BY: BY: COUNTY ATTORNEY PROFESSIONAL SERVICES ADMINISTRATOR Page 9 Exhibit A Project Scope and Responsibilities FM# 409730-3-58-01 The COUNTY shall furnish and install hardware and software needed to optimize the operational efficiency of the existing traffic signal system. These resources are limited to traffic signal equipment (i.e. hardware and software). These signal system enhancements will specifically improve the areas of system timing plan development, implementation, and system communications network operations and maintenance, Page 10 Exhibit B Project Deliverables FM(# 409730-3-58-01 PROJECT DELIVERABLES: ABLESe The COUNTY shall furnish and install hardware and software needed to optimize and upgrade the operational efficiency of the existing State owned traffic signal system to fiber optic communications and centralized traffic system control that will facilitate the future needs of ATMS and the DEPARTMENT's reporting and planning requirements. The deliverables/enhancements and cost of said deliverables/enhancements for this Project to be performed during the duration of the Agreement are as follows: Video Detection Cameras: upgrade of color detection cameras to provide improved vehicle detection, especially at night, during poor weather conditions, or in situations where glare or lack of contrast can cause other detection systems to fail. • Master Cabinets: 630-1-11 and 630-1-12 conduit (from strain pole to signal cabinet), 670-5-110 controller assemblies (includes NEMA TS2 controller, conflict monitor, cabinet [type 11, and Interface panel), 680-11 1-roadside masters and 690-50 controller assembly remover. Estimated Description Quantities Unit Conduit, Furnish & Install, above ground 90 Each Conduit, Furnish & Install, under ground 80 Each Vehicle Detector Assembly, Autosco pe Terra 4 3 Each Vehicle Detector Assenlbl y, Autosco pe Terra 1 I Each Traffic Controller Assembly, Furnish & Install 3 Each System Control Equipment 3 Each Control Assembly Remover 3 Each • Intersections at which the items above fi-om the Table will be deployed: Angle Road rr Kings Highway lndrio Road @ Kings Highway 1-95 @ St. Lucie West Blvd. N. A I A a Atlantic Beach Blvd Weatherbee Road @ US-1 N. Al A ct Old Dixie Highway The COUNTY shall obtain prior written approval from the DEPARTMENT for any additions and/or substitutions to the Table above. Page 11 Gli:b , d, ...1! 11. IT 'Tf' ik. A Tk­ rk­ Vi 00 J.0 - PA, h') 40 . . q � ., 4 _ .4 NIP AGENDA REQUEST ITEM NO. DATE: REGULAR PUBLIC HEARING LEG. QUASWD VI-C2 7/3/12 CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E.E���l":, SUBMITTED BY: Public Works/Engineering Division County Engineer SUBJECT: St. James Sidewalk — Phase 1 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of St. James Sidewalk Phase 1. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( x ) Daniel McIntyre r t Originating Dept. ( x) i�@ V;` Ronald West St. James Sidewalk Ph 1acceptance Lynch.ag (X) OMB Director (x) Budget Analyst a V.-M. ` Marie Gown County Engineer ( x) iyi,V r Michael Powley Engineering Division TO: Board of County Commissioners THROUGH: Donald West, Public Works Director A1.4 FROM: Michael Powley, County Engineer 4'P DATE: July 3, 2012 SUBJECT: St. James Sidewalk — Phase 1 ITEM NO. VI-C2 Background: Lawrence -Lynch Corporation was the lowest responsive, responsible bidder. This project's funding included $201,000 in the form of a Local Agency Program (LAP) agreement through the Florida Department of Transportation (FDOT). The project extended the sidewalk that previously terminated just north of Rivers Edge Elementary. The sidewalk now extends approximately 1.3 miles southward to the entrance at the Oxbow Eco-Center. The project included improvements to a designated pedestrian crossing at St. James Drive. This allows River's Edge Elementary, Southern Oaks Middle School and the local neighborhoods safe pedestrian access to the Oxbow Eco-Center. This project has been completed in conformance with the plans and specifications. Please see the certifying letter from our construction management firm, Milestone Construction Group, LLC (Attachment A). Approximately 78% of our contingency (or $17,807.33 of $22,936.73) was used to complete this project. While this project was completed in December 2011, the contractor did not provide all of the paperwork necessary to close this project out until April of this year. Our certification package was sent to FDOT in the second half of May. Only recently did FDOT acknowledge our package as complete. Previous Action: September 23, 2008 - Approval of WA No. 3 (C07-07-385) with Kimley-Horn and Associates in the amount of $55,000 for design, engineering and permitting. June 9, 2009 - Board approved Amendment No. 1 to WA No. 3 with Kimley-Horn and Associates in the amount of $6,500 for environmental assessment. May 4, 2010 - Approval of the LAP Agreement No. 422171-1-58-01 with Florida Department of Transportation (FDOT) in the amount of $201,000 and Resolution 10-137. August 24, 2010 - Approval of Budget Resolution No. 10-231 establishing the fund for the FDOT LAP Agreement in the amount of $201,000 and a local match of $120,000. March 22, 2011 - Approval of bid award to Lawrence -Lynch Corporation in the amount of $252,305. Recommendation: Board acceptance of St. James Sidewalk Phase 1 ATTACHMENT A 0__r\ Construction Managers Development Services LESTO N CEI Services Civil Design CONSTRUCTION GROUP, LLC 1391 NW St. Lucie West Blvd., Suite 300 Port St Lucie, Fl 34986 (772) 359-8673 Fax (772) 807-8969 December 16, 2011 St. Lucie County MCG Project No.: 11-005 Public Works/Engineering Department SLC Project No.: 43106 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Mr. Craig Hauschild, P.E. Assistant County Engineer RE: LETTER OF CERTIFICATION OF COMPLETION SLC Project Number: 43106 Work Authorization Number: 01 SLC Contract Number: C09-06-296 MCG Project Number: 11-005 Description: St. James Sidewalk - Phase I - Construction of an 8' Sidewalk from Oxbow Eco Center to Rivers Edge Elementary School - CEI Services Dear Mr. Hauschild: This letter certifies that all work on the above referenced project has been completed in accordance with contract documents as of Friday, December 16, 2011. Do not hesitate to contact this office at (772) 785-9131 if you have any questions or concerns related to this notice. Si rely, Vernon T. Hackett, P.E. President Cc: J. Gent, P.E., CPSL Engineering J. Spivey, FDOT File iL y .• r I ,! � � , '` __ ' , I � �,� �° l� z � I I Ip �� � , I ,: �' p +'"ri I , : }� ~ j } �� ♦''+, r���, 71, L , �� ! � I„ I ;' + 4 t " 4 r-Yn'r � S r� r rlr�i''} ,�! ll��- •rIK,$ �1 k=r eir•,}�iJ ��'Z'1�:1/1'['Fr•a4Fk �i- �7C7 c •`� _f�1794��1'tYf ��' � �S 1'1 {t. �r f 'yEr 54 1rT kL+ O • o f I F, Ir lrY r 14a { T �-i 1 . iJr � }� r • � {S �� l «. „ �" �:.. ';� iP Ig ] : I _ I .T �,r 9' ��, 11 u� ta' 'E; t f r '• + I ` at Y7 ',,fin' 1 ��', �, {'�,•�� ,4 r1 v,-y- I. 'r�i� 7rY. � .:r !'krrl�,�, _ '�:•-rr. '� ,�- , , - r: Sl' g'�M�rh�'' , r f•• .r - ,d°' J�_' t,� _ I I -, 'i a i s ..� I s. fK 1}I�yj �y. I _I � xF.l ' CSF`�� 1 '� ,{ r �'rFr: -✓F I _ - r Sail[►b'+.-,tUA- I I ��`� •q}•%I�`i�`` i�yL �,j,,,�� �IU �-+,-I I ,rl l ry •. t - r I 'i.-aw , �f�r��s' 1'I Y`:;'1'UU {0� •iY.,�ii 9� + l . V +=dl> I' • • 'JJ ,'+ 1 % SDI �IY� � '�, � -p. ' l� 1, a J� ' .,'� b i _,Iltrl4 Ly L' �t � I -" 5 Irr L 4 5- j ii. * ` . , I � f i rV1 k�1 t 4 R, , 6, ` J. 7 �_ `I D pIS. f!� A l in, l, �r. '.- [o 'l 7Pli"Jr;ti J # `: Fk c� ,.r. :cJ.o ITEM NO. VI-D1 DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Housing and Community Services/Housing SUBJECT: Hardest Hit Fund (HHF) Revised Contract 07/03/12 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Diana Wesloski Housing Manager BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 189203-5420-335510-500 Florida Housing Finance Corp. PREVIOUS ACTION: February 15, 2011 - Board approved HHF Advisor Services contract with Florida Housing Finance Corporation. RECOMMENDATION: Board acceptance of the HHF Advisor Services revised contract with Florida Housing Finance Corporation; and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Coordination/Sianatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Count (', y Attorney ( ) �' OMB Director ✓ `I Budget Analyst Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ),5_ Beth Ryder s11- WOW-3�rI. � Housing and Community Services k.� x MEMORANDUM 11 El o4 TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Diana Wesloski, Housing Manager A' ) DATE: July 3, 2012 SUBJECT: Hardest Hit Fund (HHF) Revised Contract ITEM NO. VI-D1 Background of Grant Program: In January 2010, the US Treasury created the Housing Finance Agency (HFA) Innovation Fund for the Hardest -Hit Markets and allocated funds under the Emergency Economic Stabilization Act of 2008. Since the original allocation, there have been four additional allocations for a total funding of over $1 billion for the State of Florida. Florida Housing Finance Corporation proposed two strategies: • Unemployment Mortgage Assistance Program (UMAP) can be used to pay monthly mortgage payments until the homeowner can resume payments or for up to 12 months, whichever occurs first. • Mortgage Loan Reinstatement Program (MLRP) will be used to help bring a delinquent mortgage current for a homeowner who has returned to work or recovered from underemployment and can now resume the monthly mortgage payment(s). Both strategies are designed to help unemployed or underemployed homeowners by extending the time period for homeowners to become re-employed or qualify for a mortgage modification that will lower their payments. Summary of Contract Changes: St. Lucie County is the HHF Advisor Agency. As such, Section 2 has been revised to require additional documentation be submitted to Florida Housing Finance Corporation for St. Lucie County employees who will be providing services under this program. Section 6 readjusts the methodology of the compensation package to be paid to St. Lucie County, but is not anticipated to change the monthly receivables. Recommendation Board acceptance of the HHF Advisor Services revised contract with Florida Housing Finance Corporation; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachments: Revised Contract for Advisor Services - Section 2, page 2, Section 6, page 3 CONTRACT FOR HHF ADVISOR SERVICES FOR THE HFA HARDEST HIT FUND UNEMPLOYMENT MORTGAGE ASSISTANCE PROGRAM AND MORTGAGE LOAN REINSTATEMENT PROGRAM BETWEEN FLORIDA HOUSING FINANCE CORPORATION AND ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS This Contract for Hardest Hit Fund (HHF) Advisor Services for the HFA Hardest Hit Fund Unemployment Mortgage Assistance Program (UMAP) and Mortgage Loan Reinstatement Program (MLRP) #2010-07-02-083 (Contract) is entered into by and between the FLORIDA HOUSING FINANCE CORPORATION (Florida Housing), a public corporation and a public body corporate and politic, with headquarters located at 227 North Bronough Street, Suite 5000, Tallahassee, Florida, 32301, and ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, (HHF Advisor) located at 437 North 7`h Street, Fort Pierce, Florida 34950. This Contract shall become effective upon the date the last party signs the Contract (Effective Date). MUTUAL UNDERSTANDINGS Florida Housing was directed by the U.S. Department of the Treasury (Treasury) to create and administer foreclosure prevention assistance programs that address the unique issues of our state. Treasury requires that Florida use a portion of these funds specifically for targeted unemployment programs that provide temporary assistance to eligible homeowners. These targeted unemployment programs are as follows: • Unemployment Mortgage Assistance Program (UMAP) will provide up to twelve (12) months of payments to the mortgage lender to assist eligible unemployed/underemployed borrowers with their first mortgage until they can resume payments on their own. • Mortgage Loan Reinstatement Program (MLRP) will be used to help bring a delinquent mortgage current for eligible homeowners. The UMAP and the MLRP are referred to collectively as the "Unemployment Programs." As used herein, the term "Applicant" means the borrower (including any co -borrower) under a mortgage loan who applies for assistance under the Unemployment Programs. The HHF Advisor shall perform and render the services identified in this contract as an independent Contractor and not as an agent, representative, or employee of Florida Housing. These services shall be known as "Contractor and professional services" and shall include, but not limited to, the provision of advice and assistance to Florida Housing in the following areas: • Applicant intake; • Determination of the Applicant's eligibility for assistance under UMAP and/or MLRP; • Continuing case management of Applicants assisted with UMAP/MLRP; and • Reporting activities. 1 Contract # 2010-07-02-083 Florida Hardest Hit Fund (HHF) Program HHF Advisor Contract (Rev. 05-2012) Florida Housing has a need for such services and does hereby accept the offer of the HHF Advisor upon the terms and conditions outlined in this Contract. Florida Housing has the authority pursuant to Florida Law to direct disbursement of funds for compensation to the HHF Advisor under the terms and provisions of this Contract. NOW, THEREFORE, the parties agree as follows: CLIENT MANAGEMENT SOFTWARE The HHF Advisor must use Counselor Direct, the client management software available_ at www.FLhardesthithelp.org to provide the required data elements under the Contract. 2. ENGAGEMENT OF THE HHF ADVISOR• RESPONSIBILITY TO PROVIDE INFORMATION ON EMPLOYEES, REFERENCE CHECKS The HHF Advisor agrees to provide the services in accordance with the terms and conditions hereinafter set forth, unless otherwise stated in this Contract. The HHF Advisor understands and agrees that all services under this Contract are to be performed solely by the HHF Advisor, unless prior written approval and consent is received from Florida Housing for any subcontract or assignment of services. The HHF Advisor shall use the applicable criteria set forth in the Advisor Hardest Hit Fund Procedure Manual (the "Procedure Manual") dated June 2012 to determine the Applicant's eligibility for UMAP and MLRP assistance. From time to time, updated procedures will be made available to the HHF Advisor in the Counselor Direct system. The HHF Advisor is required to apply the eligibility criteria and procedures in effect at the time the eligibility determination is made for an Applicant. As used herein, the term Procedure Manual shall mean the Procedure Manual as amended or modified from to time during the term of this Contract. References herein to "this Contract" shall be deemed to include the Procedure Manual, as same be amended or modified from time to time during the term hereof. The HHF Advisor agrees to provide, in writing to Florida Housing's program contact as designated in subparagraph 11(e) herein, the following: • A list of all employees who will provide services under this Contract (due upon execution of this Contract by the HHF Advisor). • Resumes of all employees that will have access to CounselorDirect (due within fourteen (14) days following execution of this Contract by the HHF Advisor). • Notice of any change in the list of employees providing services under this Contract (due within 7 days of the change). • Resumes of any new employees requiring access to CounselorDirect (due within seven (7) days of access). The HHF Advisor agrees to perform appropriate reference checks on any new employee that will be providing services under this Contract. Contract # 2010-07-02-083 Florida Hardest Hit Fund (HHF) Program HHF Advisor Contract (Rev. 05-2012) INCORPORATION OF MUTUAL UNDERSTANDINGS LAWS RULES AND REGULATIONS The Mutual Understandings set out above are incorporated into and made a part of this Contract. Applicable federal and state laws, rules, and regulations, as well as such written directives and guidance as may be issued from time to time by Treasury with regard to the Unemployment Programs, shall govern both the HHF Advisor and Florida Housing, 4. EFFECTIVE DATE AND TERM OF AGREEMENT This Contract shall begin upon the date the last party signs the Contract (Effective Date). The term of this Contract shall be for a period of two (2) years following the Effective Date, subject to satisfactory performance of the HHF Advisor at the sole discretion of Florida Housing. If the parties mutually agree in writing, the Contract may be renewed up to three (3) times. Each renewal shall be for an additional one-year period. MODIFICATION OF AGREEMENT Either party may request a modification of the provisions of this Contract. Modifications that are mutually agreed upon shall be valid only when reduced to writing, signed by the parties and attached to this Contract. All other terms and provisions, not so modified, shall remain in full force and effect. COMPENSATION The HHF Advisor shall not be permitted to charge the Applicant for any services rendered under this Contract. All compensation will be supplied under the terms of this Contract in amounts set forth below: ➢ Determination of eligibility for UMAP/MLRP: • Applicants whose first eligibility determination is made under the criteria set forth in the Procedure Manual dated June 2012: ■ Determined ineligible by the HHF Advisor - $50 ■ Determined eligible by the HHF Advisor and subsequently confirmed eligible by Florida Housing - $300 • Applicants previously determined ineligible under the eligibility criteria set forth in any version of the Procedure Manual dated prior to June 2012 (where an ineligibility letter was issued and an Advisor Agency was paid for an eligibility determination): ■ Determined eligible by the HHF Advisor and subsequently confirmed eligible by Florida Housing under the eligibility criteria as set forth in the Procedure Manual dated June 2012 or later - $150 ■ Remain ineligible under the eligibility criteria as set forth in the Procedure Manual dated June 2012 or later- no payment ➢ Closing - $100 ➢ Quarterly case management - $150 per quarter per Applicant Contract # 2010-07-02-083 Florida Hardest Hit Fund (HHF) Program HHF Advisor Contract (Rev. 05-2012) 7. APPLICANT FILES: PRIVACY OF APPLICANT INFORMATION (a) Applicant Privacy: The HHF Advisor shall maintain all documents and information received or generated in connection with any Applicant in a manner which safeguards the privacy of the Applicant's Personally Identifiable Information ("PII"). Paper documentation must be kept in secured file cabinets. Scanned or electronically stored documents must be safeguarded in a fashion that securely maintains Applicant privacy. As used in this subparagraph (a) and elsewhere in this Contract, "Personally Identifiable Information" or "PII" means information that can be used to uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify a single individual. PII includes Applicant names, addresses, telephone numbers, e-mail addresses, Uniform Resource Locator URL information regarding social networking accounts or any other Internet media, photographs or other visual depictions, audio recordings, and any other information that could be used by any means to identify, contact or locate an Applicant. (b) Contents of the Files: The HHF Advisor shall maintain Applicant files containing documentation sufficient to verify an Applicant's eligibility (or ineligibility) for UMAP and/or MLRP assistance in accordance with the applicable eligibility guidelines under this Contract, as well as all compensation paid to the HHF Advisor for services rendered in connection with this Contract; such files shall include reports, records, documents, papers, letters, computer files, or other material received, generated, maintained or filed by the HHF Advisor in connection with this Contract. All documentation relating to the eligibility (or ineligibility) of an Applicant must be stored in the Counselor Direct system. (c) Retaining the Files: The HHF Advisor must retain the files for a minimum of three (3) years from the outcome date or longer if there is an audit, investigation or litigation in progress, subject to the provisions of subparagraph 10(g)(iii) below. Additional time may also be required if other assistance programs are used with longer retention periods. It is the HHF Advisor's responsibility to determine the proper retention period. At the time of disposal, paper files may be shredded, incinerated or buried in a public landfill, in accordance with State records retention laws and rules. For electronic records containing PII or other information that is confidential or exempt from disclosure, appropriate destruction methods include physical destruction of storage media such as by shredding, crushing, or incineration; high-level overwriting that renders the data unrecoverable; or degaussing/demagnetizing of any digital storage media or device. (d) Access to the Files: The HHF Advisor and its employees shall allow Florida Housing, or its agent(s) and compliance monitor(s), physical access to the files and records maintained by the HHF Advisor under this Contract during normal business hours, 9:00 a.m. to 5:00 p.m., Eastern Time, Monday through Friday, provided such day is not a holiday. Florida Housing shall make reasonable effort, but shall not be required, to notify the HHF Advisor 24-hours in advance of such visit; such notice may be in the form of a phone call or an email directed to the HHF Advisor's contract administrator as designated in this Contract. (e) Files Subject to Florida's Public Records Law: Any file, report, record, document, paper, letter, or other material received, generated, maintained or sent by the HHF Advisor in connection with this Contract is subject to the provisions of Section 119.01-.19, Fla. Stat., as may be amended from time to time (Florida's Public Records Law). The HHF Advisor represents and acknowledges that it has read and understands Florida's Public Records Law and agrees to comply with Florida's Public Records Law. (f) Electronic Files and Records: The HHF Advisor understands that its services under this Contract are subject to ongoing monitoring and review by Florida Housing or by its compliance monitors. Because of the cost, time and disruption associated with on -site audits, the parties intend that the 4 Contract # 2010-07-02-083 Florida Hardest Hit Fund (HHF) Program HHF Advisor Contract (Rev. 05-2012) compliance monitoring under this Contract be conducted off -site to the extent possible. The HHF Advisor shall maintain its files and records in connection with the services rendered under this Contract in electronic form and, upon request, shall transmit electronic copies of those files and records to Florida Housing, or to its compliance monitor(s), or to Treasury, or to its designee(s). The HHF Advisor shall transmit electronic copies of the requested files or records to the requesting party promptly following request, but in no event later than 12:00 noon on the next business day following the day of the request. Florida Housing reserves its rights under subparagraph 7(d) of this Contract to conduct on -site inspections of the HHF Advisor's files and records under this Contract. (g) Use of Applicant Information: The HHF Advisor agrees to refrain from using any Applicant information obtained in the course of its performance under this Contract for any purpose not specifically authorized by this Contract without first obtaining the express written consent of the Applicant and the program contact for Florida Housing. Use of any Applicant information for any purpose not specifically authorized by this Contract shall constitute an Event of Default under paragraph 9 of this Contract. This terms and conditions in this subparagraph 7(g) shall survive the termination of the Contract. 8. LIABILITY (a) Florida Housing shall not be deemed to have assumed any liability for the acts, omissions, or negligence of the HHF Advisor, its agents, its servants, or employees, and the HHF Advisor specifically accepts responsibility for its acts, omissions or negligence and for the acts, omissions or negligence of its agents, servants or employees, and holds Florida Housing harmless from the claims of any third party which may arise due to the acts, omissions, or negligence of the HHF Advisor or its agents, servants or employees. The HHF Advisor further acknowledges that it is not an employee or agent of Florida Housing while performing the services contemplated by this Contract. Rather, the 14HF Advisor acknowledges that it is. performing the services under this Contract as an independent contractor. The HHF Advisor warrants and represents that it is authorized to do business in the State of Florida, and that it has and will maintain at all times during the term of this Contract all requisite licenses and permits as may be required for doing business and practicing its profession. (b) The HHF Advisor specifically accepts responsibility for compliance with all applicable Florida laws, federal laws, Florida Housing rules and Florida Housing policies. (c) The HHF Advisor specifically accepts responsibility for the payment of all income taxes, assessments, or contributions that may be required to be paid to any unit of government as a result of the payments paid to or by the HHF Advisor in conjunction with the services rendered pursuant to this Contract or in connection with the HHF Advisor's property. At no time shall the HHF Advisor make any commitments for or incur any charges or expenses for, or in the name of, Florida Housing. (d) Nothing herein is intended to serve as a waiver of sovereign immunity by Florida Housing. (e) The HHF Advisor shall not be relieved of liability to Florida Housing for damages sustained by Florida Housing by virtue of any termination or breach of this Contract by the HHF Advisor. DEFAULT AND REMEDIES (a) If any of the events listed in subparagraph 9(b) (Events of Default) occur, all obligations on the part of Florida Housing to continue doing business with the HHF Advisor or assign any future Contract # 2010-07-02-083 Florida Hardest Hit Fund (HHF) Program HHF Advisor Contract (Rev. 05-2012) transaction to the HHF Advisor shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the HHF Advisor as a participant after the happening of any event listed in subparagraph 9(b) without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the HHF Advisor in the final transaction. (b) Events of Default shall include, but not be limited to, the following: If any report, information, representation or material provided by the HHF - - Advisor in this Contract, is inaccurate, false or misleading; ii. If any warranty or representation made by the HHF Advisor in this Contract, or any other outstanding agreement with Florida Housing, is deemed by Florida Housing to be inaccurate, false or misleading in any respect; iii. If the HHF Advisor fails to keep, observe, or perform any of the terms or covenants contained in this Contract, or is unable or unwilling to meet its obligations as defined in this Contract; iv. If, in the sole discretion of Florida Housing, the HHF Advisor has failed to perform or complete any of the services identified in this Contract; V. If the HHF Advisor has not complied with all Florida laws, Federal laws, Florida Housing rules or Florida Housing policies applicable to the work or services to be provided under this Contract; vi. If the HFIF Advisor permits or engages in discrimination against any Applicant on any prohibited basis, including, but not limited to, gender, race, religion, color, familial status, national origin, ancestry, creed, pregnancy, martial or parental status, sexual orientation, or physical, mental, emotional or learning disability in performing any service identified in this Contract; vii. If the HHF Advisor does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.; viii. If the HHF Advisor commits fraud or engages in activities deemed fraudulent or misleading by Florida Housing; ix. If the HHF Advisor refuses to permit public access to any document, paper, letter, or other material subject to disclosure under Florida's Public Records Law; or If the HHF Advisor, or any of its staff, are listed on Florida Housing's Past Due or Non -Compliance List (available on Florida Housing's website). (c) Upon the happening of any Events of Default listed in subparagraph 9(b) above, Florida Housing will provide written notice of the Default through first class certified mail, return receipt requested (Notice of Default), to the address set forth in paragraph I I of this Contract. Contract # 2010-07-02-083 Florida Hardest Hit Fund (HHF) Program HHF Advisor Contract (Rev. 05-2012) (d) Upon the happening of any Events of Default listed in subparagraph 9(b), Florida Housing may provide the HHF Advisor a period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the HHF Advisor of the length of the Cure Period in the Notice of Default. (e) . Upon the happening of any Event of Default, or if Florida Housing provides a Cure Period and if the HHF Advisor is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following; Florida Housing may terminate the Contract; ii. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this Contract; iii. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from the HHF Advisor to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the HHF Advisor to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the HHF Advisor to reimburse Florida Housing for the amount of costs incurred; or iv. Florida Housing may exercise any other rights or remedies that may be otherwise available under law. 10. TERMINATION• SURVIVAL OF OBLIGATIONS AND DUTIES OF HHF ADVISOR UPON AND FOLLOWING TERMINATION (a) Florida Housing may terminate this Contract without cause and the Contract will automatically terminate on the tenth (I 0'') day after the representative of the HHF Advisor as identified in paragraph 11 of this Contract receives written notice through first class certified mail, return receipt requested (Termination Notice). This Termination Notice shall be sent to the representative of the HHF Advisor identified in paragraph 11 of this Contract. (b) Florida Housing shall unilaterally terminate this Contract on the tenth (10`h) day after the representative of the HHF Advisor as identified in paragraph 11 of this Contract receives the Termination Notice if the HHF Advisor fails to comply with Florida's Public Records Law. (c) Florida Housing shall unilaterally terminate this Contract on the tenth (101h) day after the representative of the HHF Advisor as identified in paragraph 11 of this Contract receives the Termination Notice if the HHF Advisor fails to comply with the terms and conditions set forth in s. 420.512(5), Fla. Stat. (d) Florida Housing may terminate the Contract for cause, including, but not limited to, the Events of Default contained in this Contract. The Contract will automatically terminate on the tenth (I Oh) day after the representative of the HHF Advisor as identified in paragraph 11 of this Contract receives the Termination Notice. Contract # 2010-07-02-083 Florida Hardest Hit Fund (HHF) Program HHF Advisor Contract (Rev. 05-2012) (e) This Contract may be terminated by either party upon ten (10) days written notice. The Contract will automatically terminate on the tenth (10'h) day after all the parties consent in writing to the Termination Notice. (f) Upon termination of this Contract for any reason, the HHF Advisor shall ensure that all information kept pursuant to paragraph 7 of this Contract is transmitted to Florida Housing via the Counselor Direct or any other appropriate or necessary means specified by Florida Housing. The HHF Advisor shall have a continuing duty to maintain the security of Applicant information and PII for the retention period of any information kept pursuant to paragraph 7 of this Contract. (g) Upon termination of this Contract for any reason, the HHF Advisor shall: i. immediately cease the use of any logo, slogan, sigil, service mark, trademark or any other intellectual property of Florida Housing associated with the HHF Program in any and all media produced or maintained by the HHF Advisor; ii. immediately cease to represent any association with the HHF Program for any purpose whatsoever in any and all media produced or maintained by the HHF Advisor; and iii. notwithstanding the provisions of subparagraph 7(c) of this Contract regarding the retention of records, the HHF Advisor shall destroy or delete all physical and electronic records containing any Applicant data or PII per the methods set forth in subparagraph 7(c) of this Contract and provide Florida Housing with a written statement that all physical and electronic Applicant data has been provided to Florida Housing either in CounselorDirect or other electronic means acceptable to Florida Housing and subsequently destroyed or deleted. The terms and conditions in subparagraphs (f) and (g) above shall survive the termination of the Contract. Failure to comply with the terms of this part shall constitute an Event of Default pursuant to paragraph 9 above. 11. ADMINISTRATION OF CONTRACT (a) The Florida Housing contract administrator for this Contract is: Sherry Green Contracts Administrator Florida Housing Finance Corporation 227 North Bronough St., Suite 5000 Tallahassee, Florida 32301-1329 Phone: (850) 488-4197 Facsimile: (850) 414-6548 E-mail: sherry.green@floridahousing.org or the designated successor. (b) The primary HHF Advisor contract administrator for this Contract is: Jessica Parrish Contract # 2010-07-02-083 Florida Hardest Hit Fund (HHF) Program HHF Advisor Contract (Rev. 05-2012) St. Lucie County 437 North 7 Street Fort Pierce, FL 34950 Telephone: 772-462-2375 Email: parrishj@stlucieco.org or the designated successor. (c) The Florida Housing program contact for this Contract is: David Westcott Director of Homeownership Programs Florida Housing Finance Corporation 227 North Bronough St., Suite 5000 Tallahassee, Florida 32301-1329 Phone: (850) 488-4197 Facsimile: (850) 488-9809 E-mail: david.westcott@floridahousing.org or the designated successor. (d) All written and verbal approvals referenced in this Contract shall be obtained from the parties' contract administrator or their respective designees. (e) All notices shall be given to the parties' respective contract administrators or their respective designees (unless a provision in the Contract directs otherwise, in which case such notice shall be given to the person or contact as directed in that provision). 12. CONFIDENTIALITY (a) . Subject to the provisions of Florida's Public Records Law, as applicable to Florida Housing, all materials furnished to Florida Housing pursuant to this Contract are confidential and the HHF Advisor will treat such materials as confidential and will not reveal or discuss such materials or any other information learned as a result of this Contract with any other person or entity, except as authorized or directed by Florida Housing. (b) In addition, working papers, copies, internal documents, procedures, methods and related materials are considered confidential and/or proprietary and the HHF Advisor shall treat such information as confidential and/or proprietary and shall not reveal or discuss any such information with any other person or entity, except as authorized or directed by Florida Housing. All such records and materials will remain the property of Florida Housing. (c) If the HHF Advisor is required to disclose or publish the existence or terms of this Contract pursuant to Florida's Public Records Law, then the HHF Advisor shall notify Florida Housing in writing of such disclosure within two (2) days after receipt of the Public Records request. 13. GOVERNING LAW; VENUE; OTHER PROVISIONS (a) This Contract shall be construed under the laws of the State of Florida and ventie for any actions arising out of this Contract shall lie in Leon County. 9 Contract # 2010-07-02-083 Florida Hardest Hit Fund (HHF) Program HHF Advisor Contract (Rev. 05-2012) (b) If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be deemed severable, but shall not invalidate any other provision of this Contract. (c) No waiver by Florida Housing of any right or remedy granted hereunder or failure to insist on strict performance by the HHF Advisor shall affect or extend or act as a waiver of any other right or remedy of Florida Housing hereunder, or affect the subsequent exercise of the same right or remedy by Florida Housing for any further or subsequent default by the HHF Advisor. A waiver or release with reference to any one event shall not be construed as continuing or as constituting a course of dealing. (d) Any power of approval or disapproval granted to Florida Housing under the terms of this Contract shall survive the terms and life of this Contract as a whole. (e) The Contract may be executed in any number of counterparts, any one of which may be taken as an original. 14. LOBBYING PROHIBITION No funds compensation or other resources received in connection with this Contract may be used directly or indirectly to influence legislation or any other official action by the Florida or Federal Legislature or any state or federal agency. The HHF Advisor further acknowledges that it has not retained the services of any lobbyist or consultant to assist in the procurement and negotiation of this Contract. 15. COPYRIGHT. PATENT AND TRADEMARK (a) If the HHF Advisor brings to the performance of this Contract a pre-existing copyright, patent or trademark, the HHF Advisor shall retain all rights and entitlements to that pre-existing copyright, patent or trademark unless the Contract provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Contract, or in any way connected herewith, the HHF Advisor shall refer the discovery or invention to Florida Housing for a determination whether patent protection will be sought in the name of Florida Housing. Any and all patent rights accruing under or in connection with the performance of this Contract are hereby reserved to Florida Housing. In the event that any books, manuals, films, or other copyrightable material are produced, the HHF Advisor shall notify Florida Housing in writing. Any and all copyrights or trademarks created by or in connection with the performance under this Contract are hereby reserved to Florida Housing. (c) All subcontracts or other arrangements entered into by the HHF Advisor, with prior written approval and consent of Florida Housing, for the purpose of developing or procuring copyrightable materials (e.g., audiovisuals, computer programs, software, publications, curricula, research materials or training materials, etc.) shall specifically reference and reserve Florida Housing's exclusive rights to use and exploit copyrights and licenses to the extent permitted by copyright law and Florida Statutes. 16. LEGAL AUTHORIZATION The HHF Advisor certifies with respect to this Contract that it possesses the legal authority to 10 Contract # 2010-07-02-083 Florida Hardest Hit Fund (HHF) Program HHF Advisor Contract (Rev. 05-2012) enter into this Contract and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Contract with all covenants and assurances contained herein. The HHF Advisor also certifies that the undersigned possesses the authority to legally execute and bind the HHF Advisor to the terms of this Contract. 17. PUBLIC ENTITY CRIME A person or affiliate, who has been placed on the convicted vendor list, following a conviction for a public entity crime, may not: a. submit a bid on a contract to provide any goods or services to a public entity; b. submit a bid on a contract with a public entity for the construction or repair of a public building or public work; c. submit bids on leases of real property to a public entity; d. be awarded or perform work as a consultant, supplier, subcontractor, or consultant under a contract with any public entity, and; e. transact business with any public entity in excess of the threshold amount provided in s. 287.017, Fla. Stat., for CATEGORY TWO: $35,000, for a period of 36 months from the date of being placed on the convicted vendor list. Any contract in violation of this provision shall be null and void. 18. CONFLICTS OF INTEREST (a) The HHF Advisor and its employees are expected to anticipate, and avoid, conflicts of interest in carrying out their duties and responsibilities under this Contract. For purposes of this paragraph, the term "HHF Employee" means any employee of the HHF Advisor, including the HHF Advisor, if an individual. To that end, an HHF Employee may .not handle, process or otherwise participate in the handling, processing or decision making with respect to an application for assistance under the Unemployment Programs (UMAP and MLRP) made by an Applicant that is a Relative, Friend or Business Associate of the HHF Employee. "Relative," for purposes of this paragraph, with respect to the HHF Employee, means an individual who is related to the HHF Employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. "Friend," for purposes of this paragraph, with respect to the HHF Employee, means an individual, with whom the HHF Employee enjoys a close personal relationship. "Business Associate," for purposes of this paragraph, with respect to the HHF Employee, means an individual, with whom the HHF Employee has a business or financial relationship. Should the HHF Advisor or the HHF Employee encounter any such situation, Florida Housing must be notified immediately by phone and in writing directed to the Florida Housing program contact at the address set forth in subparagraph I I (e) of this Contract and no further action may be taken on the Applicant file(s) in question except as may be directed or authorized by Florida Housing. (b) Pursuant to Section 420.512(5), Fla. Stat.: "Service providers shall comply with the following standards of conduct as a condition of eligibility to be considered or retained to provide services. For purposes of paragraphs (a), (b), and (c) only, the term `service provider' means and is limited to a law firm, an investment bank, or a credit underwriter, and the agents, officers, principals, and 11 Contract # 2010-07-02-083 Florida Hardest Hit Fund (HHF) Program HHF Advisor Contract (Rev. 05-2012) professional employees of the service provider. (a) A service provider may not make contributions in any amounts, directly or indirectly, for or on behalf of candidates for Governor, nor shall any service provider make a contribution in excess of $100 to any candidate for a member of the State Board of Administration other than the Governor in Florida while the service provider is included in an applicant pool from which service providers are selected to provide services to the corporation, while the service provider provides services to the corporation, and for the longer of a period of 2 years thereafter or for a period through the next general election for Governor. (b) The service provider shall not participate in fundraising activities for or on behalf of candidates for Governor in Florida while the service provider is included in an applicant pool from which service providers are selected to provide services to the corporation, while the service provider provides services to the corporation, and for the longer of a period of 2 years thereafter or for a period through the next general election for Governor. (c) Service providers shall provide to the corporation a statement that the service provider has not contributed to candidates for Governor or contributed in excess of the amounts allowed by this section for a member of the State Board of Administration or engaged in fundraising activities for or on behalf of candidates for Governor in Florida since the effective date of this section or during the 24 months preceding the service provider's application to provide services to the corporation, whichever period is shorter. (d) The service provider may not engage in prohibited business solicitation communications with officers, members, or covered employees of the corporation. (e) If a service provider is in doubt as to whether its activities, or the activities of its principals, agents, or employees, violate the provisions of this section, it may request a declaratory statement in accordance with the applicable rule and s. 120.565, Fla. Stat. (f) If the corporation determines that a service provider has failed to meet the provisions of this section, it shall consider the magnitude of the violation and whether there has been a pattern of violations in determining whether to terminate or decline to enter into contracts with the service provider." (c) Section 420.503(31), Fla. Stat., states: " `Prohibited business solicitation communication' means a private written or verbal communication between a member, officer, or covered employee of the corporation and a service provider regarding the merits of the service provider and whether the corporation should retain the services of the service provider. The term does not include: (a) A verbal communication made on the record during a public meeting; (b) A written communication provided to each member and officer of the corporation and made part of the record at a public meeting; (c) A written proposal or statement of qualifications submitted to the corporation in response to a corporation advertisement seeking proposals or statements of qualifications as part of a competitive selection process. (d) A verbal or written communication related to the contractual responsibilities of a service provider who was selected to provide services or who was included in a pool of service providers eligible to provide services as a • result of a competitive selection process, so long as the communication does not relate to solicitation of business. (e) A verbal or written communication related to a proposed method of financing or proposed projects, so long as the communication does not relate to solicitation of business." 12 Contract # 2010-07-02-083 Florida Hardest Hit Fund (HHF) Program HHF Advisor Contract (Rev. 05-2012) (d) By executing this contract, the HHF Advisor certifies that it shall comply with, and is currently in compliance with, Section 420.512(5), Fla. Stat., as amended. (e) The HHF Advisor will certify that the staff and volunteers who will provide services under the Contract have no conflict(s) of interest due to relationships with servicers, real estate agencies, mortgage lenders, homeowners or household members, family members and/or other persons or entities that may stand to benefit from particular outcomes. (f) In addition to the conflict of interest rules imposed by the Florida Statutes, and the conflicts of interest as described in subparagraph (a) above, should the HHF Advisor become aware of any actual, apparent, or potential conflict of interest or should any such actual, apparent, or potential conflict of interest come into being subsequent to the effective date of this Contract and prior to the conclusion of the Contract, the HHF Advisor will provide immediate notification to Florida Housing, by phone and in writing through first class certified mail, return receipt requested (Notice of Conflict of Interest), to the Florida Housing program contact at the address set forth in subparagraph I I(e) of this Contract, within ten (10) working days. If the HHF Advisor is found to be in non-compliance with this provision, without prior written consent from Florida Housing's Executive Director, any compensation received in connection with this Contract shall be subject to forfeiture to Florida Housing. 19. TECHNICAL ASSISTANCE A technical assistance provider (TAP) may be assigned to the HHF Advisor by and at the discretion of Florida Housing at any time during the term of this Contract. In such case, the TAP may evaluate the HHF Advisor to determine experience and capacity levels and submit written recommendations and observations to Florida Housing. In no event, however, shall the TAP manage, control or direct the manner in which the HHF Advisor renders the services contemplated under this Contract. 20. FACILITIES The facilities and premises used by the HHF Advisor in providing the services under this Contract shall be maintained in commercially reasonable clean and safe condition, and accessible to all persons, including persons with disabilities. 21. OTHER LANGUAGES The HHF Advisor must be prepared to communicate with non-English speaking Applicants in providing the services contemplated under this Contract. To that end, the HHF Advisor either must have staff fluent in the language of any such Applicant or use interpreter services to ensure that such Applicant has access to the services and programs contemplated under this Contract. 22.. ANTI -DISCRIMINATION The HHF Advisor will not permit or engage in discrimination against any Applicant on any prohibited basis, including, but not limited to, gender, race, religion, color, familial status, national origin, ancestry, creed, pregnancy, martial or parental status, sexual orientation, or physical, mental, emotional or learning disability. 23. COMPLIANCE 13 Contract # 2010-07-02-083 Florida Hardest Hit Fund (HHF) Program HHF Advisor Contract (Rev. 05-2012) The HHF Advisor agrees to comply with quality control, compliance and evaluation of the Unemployment Mortgage Assistance Program and Mortgage Loan Reinstatement Program for activities performed pursuant to the Contract. 24. ENTIRE AGREEMENT; ALL PRIOR AGREEMENTS SUPERSEDED AND TERMINATED This Contract, including any and all attachments, embodies the entire agreement of the parties with respect to its subject matter. This Contract supersedes and replaces all previous oral or written communications, representations or agreements in connection with or related to the subject matter of this Contract, including, specifically, any previous version(s) of this Contract entitled Contract For HHF Advisor Services For The HFA Hardest Hit Fund Unemployment Mortgage Assistance Program And Mortgage Loan Reinstatement Program between Florida Housing and the HHF Advisor. Upon execution of this Contract, any such previous contract shall be deemed terminated by mutual agreement of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their undersigned representatives as duly authorized. ST.LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Name: Title: Chairman of the Board of County Commissioners DATE: FLORIDA HOUSING FINANCE CORPORATION By: Name: Stephen P. Auger Title: Executive Director DATE: 14 Contract # 2010-07-02-083 Florida Hardest Hit Fund (HHF) Program HHF Advisor Contract (Rev. 05-2012) ` ITEM NO. VI-D2 DATE: 07/03/12 ICOUNTY 01 R I a A 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: Neighborhood Stabilization Program 3 (NSP 3) Action Plan Modification BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001538-5420-549605-500 NSP3 PREVIOUS ACTION: March 22, 2011 - Board Accepted grant contract with HUD. RECOMMENDATION: Board approval to modify the NSP 3 Action Plan as outlined in the agenda memorandum. COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( ) r �} J OMB Director Budget Analyst Daniel S. McIntyre Originating Dept. ( ) ` ? Beth Ryder ()� ML4 Marie Gouin Sophia Holt Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director { rr°'� FROM: Diana Wesloski, Housing Manager DATE: July 3, 2012 SUBJECT: Neighborhood Stabilization Program 3 (NSP 3) Action Plan Modification ITEM NO. VI-D2 Background: St. Lucie County was awarded $1,947,657 in NSP 3 funds by the Department of Housing and Urban Development for the purchase, rehabilitation, and sale of foreclosed properties in Lakewood Park, Indian River Estates, and River Park. On December 25, 2009, a vacant lot in Indian River Estates was donated to St. Lucie County. St. Lucie County is proposing to build a new single family home on this property utilizing NSP 3 funds. In order to do so, the NSP 3 Action Plan must be modified to include the redevelopment strategy. Recommendation: Board approval to modify the NSP 3 Action Plan as outlined in the agenda memorandum. Attachment: Deed of Donation JQSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE 0 3431559 OR BOOK 3163 PAGE 203, Recorded 01/19/2010 at 02:08 PM TM Instrument prepared by: FRANK H. FEE, Ill. ESQ. of FEE, DeROSS & FFh 426 Avenue A Fort Pierce, FL 34950, USA FEE THIS FEE'', by DAVIS W) Win Sweden, vision of thwg DEED OF DONATION .ED OF I .S, whose called "( Virginia �,sv®UCIJS � Jjad w •r 4 tr, .114 41 Y, political ue, 'ort Pierce. W ITNESSETH, that Grantor, intending to make a donation of land, hereby donates, grants, conveys, and confirms to Grantee all that certain land situate in St. Lucie County, Florida, to -wit: Lot 18, Block 56, INDIAN RIVER ESTATES UNIT EIGHT, according to the map or plat thereof, as recorded in Plat Book 10, Page 73, of the Public Records of St. Lucie County, Florida. Grantor states that the above -described lot is vacant land, and that it Is not now, nor has itx bcett�tll f homd►tearry of Gra0aLwAdIned by the jEhu:Wa Conn Lis ration. HIS RIP i gi Grant d cepte by rantee it the do 'an g at the land is pt is". "wher is' and ith all faul itle is on ed ithout s or representat ns ther than G to s ri to the e. By t acc Lance and of this Deed G t affirmative w ves a cl ' have, or cla' to ave. against n respect ef`ejte v descri I now, r ail any time in the future. uev Mo vteuttNti o"rits-ree stmple-Deca-urtsonatton, UranR CoamyTeleases Grantor from any and all claims, demands, actions, or causes of action, whether for unpaid ad valorem real property taxes, benefit assessments, or otherwise, of whatsoever kind and character, both in law and in equity, from the beginning of time through the execution and delivery of this Fee Simple Deed of Donation which arise, or have arisen, out of or related, directly or indirectly, to the herein described land. TO HAVE AND TO HOLD the same in fee simple forever. IN WITNESS WHEREQYrantor has signed and sealed these presents the day and year OtR BOOK 3163 PAGE 204 (Continuation of Fee Simple Wad of Donation by Davie Jonas (Sweden) to St Lucia County, Florida (USA)] Signed, sealed and delivered in the presence of: Ma Witness Simmwm if O Pr nt Name of ss to Signature Printed Name o itnt ss STOCKHOLM. SWEDEN I hereby certify that on this day, before me personally appeared DAVIS WALSH JONES. known to me to be the person described in, and who executed, the foregoing instrument who acknowledged before me that he executed the same, and an oath was not taken. Said person provided the following type of identification: Sledish Drivers Licertse with No. 361030-9696. itnessin a and o talseal m ockhol w n, last said is 1 s y of ace , 009 NOTARY SEAL Q�V4p N Sign P me Notary Name: Pontus Sk gh Commission Exp.: Indefinite The space below [except for paginationj has been left intentionally blank. D Pug z of z TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Housing and Community Services Procedures for Flag Display - Memorial Day See attached memorandum. N/A PREVIOUS ACTION: See attached memorandum. ITEM NO. VI-D3 DATE: 7/03/12 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Beth Ryder Director RECOMMENDATION: Board approval of Resolution No. 12-131 establishing the procedures for displaying the flag on Memorial Day, and authorizing the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED () DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( X ) ' Budget Analyst (X) Da clntyr" e OMB Sophia Holt Marie Gouin Veteran ( XADeo Community ( X ) JO-1 ServicesServices nna Carlsen Stefanie Myers HOUSING AND COMMUNITY SERVICES MEMORANDUM TO: Board of County Commissioners FROM: Beth Ryder, Director�� DATE: July 3, 2012 SUBJECT: Procedures for Flag display— Memorial Day Background: Several months ago, the County received one complaint from a citizen about the County practice of lowering all 17 County flags on the Friday before Memorial Day to half-staff and then raising them to full staff on Tuesday morning, since Monday is a County holiday. In researching this issue, staff found that The United States Code, Title 4, states on Memorial Day, the flag should be displayed at half-staff until noon, and then raised to the top of the staff. The word "should" is used rather than shall, indicating it is a recommendation rather than a mandate. Staff surveyed the nearby counties as to their practice. Palm Beach and Martin Counties are following St. Lucie County's practice. Indian River and Okeechobee Counties have staff lower the flag on Friday and raise it after noon on the Memorial Day holiday. As there does not seem to be a uniform regional practice, a recommendation from the Veterans Advisory Council regarding St. Lucie County's current method was requested. The Council voted unanimously in support of the current County practice. A copy of the letter sent to Ms. Outlaw with this recommendation is attached. Recommendation: Board approval of Resolution No. 12-131 establishing the procedures for displaying the flag on Memorial Day, and authorizing the Chairman to sign documents as approved by the County Attorney. e RESOLUTION NO. 12-131 A RESOLUTION ESTABLISHING THE PROCEDURES FOR DISPLAYING THE FLAG OF THE UNITED STATES OF AMERICA AT COUNTY FACILITIES ON MEMORIAL DAY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. In observation of Memorial Day on the last Monday of May, all County offices are closed in remembrance of those who have given their lives in service to the country. 2. Specific guidelines for the display of the flag of the United States of America on Memorial Day are set forth in Title 4, United States Code, Sections 6 and 7. 3, As County staff is not available to raise and lower the flag on Memorial Day in accordance with federal guidelines, it is appropriate for this Board to establish procedures for the display of the flag on Memorial Day as recommended by the St. Lucie County Veterans Advisory Council. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby establish the following procedures for the display of the flag of the United States of America at County facilities on Memorial Day: A. On the Friday before Memorial Day, flags shall be lowered to half-staff. B. On the Tuesday following Memorial Day, flags shall be raised to full staff. 2. This resolution shall take effect upon adoption. After motion and second, the vote on this Resolution was as follows: Chairman Tod Mowery XX Vice Chair Paula A. Lewis XX Commissioner Chris Craft XX Commissioner Frannie Hutchinson XX PASSED AND DULY ADOPTED this day of 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN 4el APPROVED AS TO FORM AND CORRECTNESS: BY: S: \atty\resoltn\2012\ 12-131.doc COUNTY ATTORNEY RECENED BY MAY 18 2012 St Lucie count 11mor United Veterans of St. Lucie County May 14, 2012 2300 Virginia Avenue, Ft. Pierce, FL 34982 Faye W. Outlaw, MPA, St Lucie County Administrator, ICMA-CM 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Memorial Day Flag Procedures Dear Ms. Outlaw, The Veterans Advisory Council met on Friday May 11, 2012, to discuss the method that the County has been following for lowering and raising the Flag on Memorial Day. As a result of one person who contacted a Commissioner with their observation of the method that the flag was displayed last year, staff requested that the Council discuss this practice and vote on a recommendation. The Council reviewed United States Code, Title 4, which indicates that the flag should be raised to its "peak and lowered to the half-staff position until noon only, then raised to the top of the staff." However, in these challenging economic times, the Advisory Council is in support of continuing the current practice for the flags to be lowered on the Friday before Memorial Day to half-staff and then raised to full staff on Tuesday morning. The Veterans Advisory Council voted unanimously in support of this practice. The Advisory Council will be seeking volunteers that may be able to assist with half - staffing the flags in accordance with the recommended code. Please let us know if we can be of further assistance. Sincerely, Ro nepshield, Ch 'rman Veterans Advisory Council C: Lee Ann Lowery, Assistant County Administrator Beth Ryder, Housing and Community Services Director Donna Carlsen, St. Lucie County Veterans Service Officer Stefanie Myers, Community Services Manager I 17Ito ' e ' itj Ffi ? + l�� o �60 —A hA� � 1.1� �t 1Srl f{4.3. I �rf 3`L, 1 rE tiJ (�ljl t 6d;'ti4 �1 (•t� (% igll� 'ERR"� i l'3 r��iDR3€ y f , I �J ,LV 1 �si�sfZF� : f;l, is �I'�r ).ri�f�� �', •ti�:�`sl .�:�i14tiV +�,����� i� — rr"i ,r)f r? Es''• Fr 1 � , +�tU � �F' � v . ng }��1 9 ?rr� v�'�yft�,T��! � �I [• t y. 'E '+,ir i � it � � i)�, � t 'J: i 4 !�i�Fn"•�k�'�;1� i� � 1'�"�3���''���'�'�'� � '��-I�`d `��� �5,�����' '1f , r�_ �r89r-Yt, 1 t}� 7 •f}y { IT f �"1r ��.E r1�r'�r �,il �e `'r f 1, 1 )�. o�S'4J��s'J.A'F, ii N.'ii���.di i•i �,�;f7 1i11 r;7 •C�) �'�t'7{,�(''.�_ li, , ;Q,� ljoq °iti 1fur Cy'�{�17yr �t .. ... ., ','f�� I .,,~':- � (l�'411�'7'�� ,{_::I rlF.i' 1' � {)r ,w`+ailr� ��l'r i i `.x.,f t"'•: - i�� a „ n g ITEM NO. VI - E DATE: 7/3/2012 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Toby Long, DirectW11 SUBMITTED BY: St. Lucie County Sheriff's Office, Department of Finance & Technology SUBJECT: Authorization to submit an electronic application for the 2012 State Criminal Alien Assistance Program (SCAAP) Grant. BACKGROUND: The St. Lucie County Sheriffs Office is requesting permission to submit an electronic grant application for the U.S. Department of Justice/Bureau of Justice Assistance 2012 State Criminal Alien Assistance Program (SCAAP) Grant. This grant is a retroactive reimbursement grant awarded to localities that had to incarcerate undocumented criminal aliens. Based on last year's award, the estimated amount of this grant is $72,780. The actual award amount will be determined by the Department of Justice. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application for the 2012 State Criminal Alien Assistance Grant offered by the U. S. Department of Justice/Bureau of Justice Assistance. COMMISSION ACTION: ( ) APPROVED ( ) OTHER County Attorney ( ) Originating Dept. ( ) CONCURRENCE: ( ) DENIED Faye W. Outlaw, MPA County Administrator Coordination/Signatures A ' OMB Director Budget Analyst YYY ���III Dan McIntyre Marie Gouin Sophia Holt (Name) ERD ( ) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissioners FROM: Toby Long, Director e/v Department of Finance & Technology DATE: Tuesday, July 3, 2012 SUBJECT: Authorization to submit an electronic application for the 2012 State Criminal Alien Assistance Program (SCARP) Grant. ITEM NO. VI — E Background: The St. Lucie County Sheriff's Office is requesting permission to submit an electronic grant application for the U.S. Department of Justice/Bureau of Justice Assistance 2012 State Criminal Alien Assistance Program (SCAAP) Grant. This grant is a retroactive reimbursement grant awarded to localities that had to incarcerate undocumented criminal aliens. Based on last year's award, the estimated amount of this grant is $72,780. The actual award amount will be determined by the Department of Justice. Recommendation Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application for the 2012 State Criminal Alien Assistance Grant offered by the U. S. Department of Justice/Bureau of Justice Assistance. Charmayne Davis From: owner-bja.director-list@ojp.usdoj.gov on behalf of SCAAP <SCAAP@usdoj.gov> Sent: Wednesday, May 23, 2012 2:23 PM Subject: State Criminal Alien Assistance Program (SCAAP) FY 2012 Application Announcement Dear SCAAP Participant: The State Criminal Alien Assistance Program (SCAAP) provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating certain undocumented criminal aliens. The Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice administers SCAAP. The Grants Management System (GMS) will open on Wednesday, May 23, 2012 to accept applications for Fiscal Year 2012 funds. All applications must be submitted electronically at https:Hgrants.ojg.usdow.gov/ by 6pm (est) on July 6, 2012. How to Apply Enter your user name and password at the GMS site (https:Hgrants.ojp.usdom.govn. Once you have logged in, go to Funding Opportunities link on the left hand side of the screen. Search for all Bureau of Justice Assistance grants. Locate the SCAAP solicitation after the search is complete and click the Apply Online button. Please review the following information and the SCAAP Guidelines before beginning your SCAAP application SCAAP Guidelines https://www.b'a.gov/Fundin.q/12SCAAP Guidelines pdf Reporting Period The FY 2012 reporting period for inmate and salary cost data is July 1, 2010 - June 30, 2011. Discontinuance of Payments for "Unknown" Alien Status Inmate Days Many states and localities have incurred costs for detaining an individual whom they believe to be an undocumented criminal alien. Since 1996, BJA has provided variable reimbursement amounts for these inmates, whose statuses are "known," as well as "unknown" because the Department of Homeland Security (DHS) was not able to verify the criminal aliens' statuses. This practice was a recognition that some of the "unknown" inmates could have been undocumented if they had entered the United States illegally and never came into contact with DHS. Because there would have been no contact with DHS, DHS would not be able to confirm the alien's status (that is, as undocumented) for eligibility of a SCAAP payment. In order to make better use of limited SCAAP funding and to ensure jurisdictions are reimbursed only for known undocumented criminal aliens, BJA will no longer provide reimbursement for inmates whose statuses are unknown. Accordingly, only detention costs of undocumented criminal aliens, whose statuses can be confirmed by DHS as such, will be counted towards the SCAAP awards in FY 2012. Other Federal Sources of Detention Funding For jurisdictions that participate in SCAAP and the Southwest Border Prosecution Initiative or Northern Border Prosecution Initiative (SWBPI and NBPI), do not include inmate records that are submitted in the SWBPI /NBPI application unless you can verify that the inmate records submitted in the SWBPI/NBPI application are only for pre-trial detention and the SCAAP inmate records for the same individual are for the post trial detention. BJA will conduct a review comparison between the SWBPI/NBPI and SCAAP applications for each jurisdiction prior to award calculation. Entering Inmate Data If the Alien Number is unknown for an individual inmate, enter all zeroes in the A number field. Do not use letters (A) or symbols (dashes, etc.). Also, use zeros (0) as the beginning digit(s) if the A -number is fewer than 9 digits. The FBI number is issued by the FBI to track arrests and fingerprint records. If this number is not available, leave this field blank by inserting 10 spaces. If the FBI number is fewer than 10 characters, enter the number first, and then insert spaces for the remainder of the field length. CEO Information SCAAP payments must go directly to eligible states and localities. Authorized jurisdiction employees for SCAAP purposes must be listed as either the Authorized Representative or Alternate Contact in the GMS User Profile. The chief executive officer (CEO) of an eligible jurisdiction may apply directly or delegate authority to another jurisdiction official. The CEO is considered the highest ranking elected or appointed official of a unit of government. Costs Salary cost data must be actual dollar amounts paid for correctional officers salaries during the reporting period. Correctional officer salary costs may include premium pay for specialized service, shift differential pay, and fixed -pay increases for time in service. It may also include overtime required by negotiated contract, statute, or regulation such as union agreements, contractual obligations, and required post staffing minimums. This figure should not include benefits. Payments SCAAP payments are calculated simultaneously, with applicants receiving a prorated payment based on the appropriation; costs submitted, and inmates as determined by DHS. All SCAAP payments are made electronically to the applicant's bank account of record identified during the application process. All SCAAP payments must go to the jurisdiction's general fund. The jurisdiction's EIN (tax identification) and vendor number must be used when applying for SCAAP funds. Deadline The deadline for submitting all completed SCAAP applications is, July 7, 2012 at 6:00 p.m. (e.d.t.). Extensions or exceptions to this deadline cannot be granted. Because of the volume and complexities involved in verification of all submitted inmate data and the fact that BJA transmits this file to DHS immediately after the close of the solicitation, it is not possible for additional applicant data to be reviewed and sent to DHS after the deadline. SCAAP Program Requirement Based on new requirements included in the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Pub. L 109-162), all FY 2007 through 2012 SCAAP funds must be used for correctional purposes only. FY 2012 awardees will be required, during the award acceptance process, to provide basic information on how the funds will be expended for correctional purposes. Customer Service Grants Management System Login Issues and Password Resets: 1-888-549-9901 Option 2 GMS Helpdesk: pmshelpAoip.usdoj.gov BJA remains dedicated to assisting all customers with any technical or programmatic questions they might have. The SCAAP Support Desk can be contacted at 1-202-353-4411 or by email at SCAAP usdoj.gov. Sincerely, Payment Programs Team Bureau of Justice Assistance AGENDA REQUEST ITEM NO. VI-F DATE: 07/03/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ben Balcer SUBMITTED BY: Environmental Resources Department Senior Envir ental Planner Environmental Regulations and Lands Division SUBJECT: Hospice of the Treasure Coast — Release of Surety for the Landscaping Improvement Agreement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: March 24, 2009 - BOCC approval of Improvement Agreement. RECOMMENDATION: Board approval of the release of surety to Hospice of the Treasure Coast for the St. Lucie Counseling Center Landscaping Improvement Agreement in the amount of $118,073, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) OTHER County Attorney ( x ) ( ) DENIED Dan McIntyre Originating Dept. ( x ) ERD Karen L. Smith Finance (x ) Shai rrancis CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Planning & Development Services (x) N � Marie bobid (x) Mark Satterlee Environmental Resources Department MEMORANDUM TO: Board of County Commissioners THROUGH: Karen L. Smith, Environmental Resources Department DirectooC- FROM: Ben Balcer, Senior Environmental Planner DATE: July 3, 2012 SUBJECT: Hospice of the Treasure Coast — Release of Surety for the Landscaping Improvement Agreement ITEM NO. VI-F Backaround: As a condition of site plan approval, Hospice of the Treasure Coast was required to finalize an Improvement Agreement covering the cost of all required landscaping, irrigation, and related improvements shown in the site plan. The terms of the bond agreement required all landscaping to be consistent with the approved landscape plan 18 months post issuance of a certificate of occupancy and prior to release of the surety. Environmental Resources Department completed an 18-month post initial planting inspection on June 13, 2012 per the Improvement Agreement terms and found landscaping to be consistent with the approved landscape plans. Recommendation Board approval of the release of surety to Hospice of the Treasure Coast for the St. Lucie Counseling Center Landscape Improvement Agreement in the amount of $118,073, and authorization for the Chairman to sign documents as approved by the County Attorney. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks, Recreation & Facilities — Golf Course SUBJECT: Golf Course Pump Station BACKGROUND: See attached memorandum. ITEM NO. V1-G1 DATE: 7/3/2012 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( x ) PRESENTED BY: Matt BaumE Golf Course Manager FUNDS AVAILABLE: 129-7250-563000-127611 PREVIOUS ACTION: February 7, 2012 - Board approved purchase of a new pump station at the golf course. On May 1, 2012 - Board approval to reject all proposals received for Bid No. 12- 004. RECOMMENDATION: Board approval to award Bid No. 12-030, Vertical Turbine Variable Speed Pump Station, to the lowest responsive and responsible bidder, Flowtronex, of Dallas, Texas, for the amount of $64,607.00 and authorization for the chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director t )—� Budget Analyst Daniel McIntyre Originating Dept.) ERD Edward Matthews Jennii.f4r Hill Desiree Cimino (Name) Parks, Recreation & Facilities Golf Course MEMORANDUM TO: Board of County Commissioners THROUGH: Edward Matthews, Director of Parks, Recreation & Facil' es FROM: Matt Baum, Golf Course Manager �'4�16 DATE: July 3, 2012 SUBJECT: Bid No. 12-030, Golf Course Pump Station ITEM NO. V1-G1 Background: On March 21, 2012, submittals to Bid No. 12-004, Vertical Turbine Variable Pump Station, were opened. Two submittals were received; 396 companies were notified and 40 documents were distributed. The lowest responsive, responsible bid for purchase and installation of the pump station was $114,900. The bids were rejected by the Board because they exceeded the budget of $100,000. Staff was confident the pump station could be purchased and installed for the budget amount by dividing the project into two parts: 1) direct purchase of the pump station which represents the bulk of the cost and 2) installation of the pump station. On May 16, 2012 Bid No. 12-030, Furnish and Deliver Variable Pump Station, was opened. One submittal was received, 212 companies were notified and 24 documents were distributed. Staff recommends awarding to the lowest responsive, responsible bidder, Flowtronex, Dallas, Texas, in the amount of $64,607. Staff has already received a quote of $10,000 for installation. Recommendation: Board approval to award Bid No. 12-030, Vertical Turbine Variable Speed Pump Station, to the lowest responsive and responsible bidder, Flowtronex, of Dallas, Texas, for the amount of $64,607 and authorization for the chairman to sign documents as approved by the County Attorney. BOARD OF COUNTY y , L TABULATION SHEET - BID #12-030 2 _ ,Phil .. FURNISH AND DELIVER VARIABLE SPEED PUMP STATION AT FAIRWINDS GOLF COURSE OPENED: JUNE 6, 2011 AT 3:00 PM One (1) submittal was received for subject proposal: Total Bid Amount FLOWTRONEX 10661 Newkirk Rd., Dallas, TX 75220 Tel: 800-786-7480 $ 64,607.00 Fax: 214-357-5861 Number of companies notified*: 212 Number of bid documents distributed*: 24 Number of bids received: 1 *per demandstar.com Y• T i r ` r ram• � �V r• r I+ '' +�'_r y � I'-r"�. .3Fl•'r 1 y r'�uy F. I �e- - '•�•r`• !. ,i�I 'fir r:yf _ r; . •_ , I• •y, � r r ter r 1 '}5L~ r_ I' • r — r t. � ''Al.11.•��.{v �•.F�.. E�.�«l �.�EII 1L�`�.r,_ �f --ice - _ • I I ,.r ^ b r I "�la I x 1 _ y j AGENDA REQUEST ITEM NO. VI-G2 DATE: 7/3/2012 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark DiMascio SUBMITTED BY: Parks, Recreation & Facilities Division Manager SUBJECT: Waiver of Havert L. Fenn Center Rental Fees for the 2012 Fort Pierce Exchange Club Chili Cook Off BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to waive $2,400 in facility rental fees for the 2012 Fort Pierce Exchange Annual Chili Cook Off to be held at the Havert L. Fenn Center as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED AL County Attorney ( X) Daniel McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures OMB Budget Analyst Originating Dept. ( X) PRF Division Manager Edward Matthews Marie Gouin Patty Marston (X) Mark DiMascio j- �'�. y{ Parks, Recreation and Facilities TO: Board of County Commissioners THROUGH: Edward Matthews, Directo FROM: Mark DiMascio, Division Manager DATE: July 3rd, 2012 MEMORANDUM SUBJECT: Waiver of Havert L. Fenn Center Rental Fees for the 2012 Fort Pierce Exchange Club Chili Cook Off ITEM NO. VI-G2 Background: Fort Pierce Exchange Club is requesting to utilize the Havert L. Fenn Center for their annual Chili Cook Off. They are a registered 501(c)(3), and the organization and event meet the requirements of the St. Lucie County Facility Use Policy for fee waivers. This event is a fundraiser for the Boys and Girls Club of St. Lucie County, which has 19 safe and affordable locations throughout the county and serves more than 3,000 children with life enhancing programs. The Chili Cook Off is scheduled to be held at the Havert L. Fenn Center for the third year in a row on July 14, 2012. Fort Pierce Exchange Club is requesting that the County waive the facility use fee of $2,400. They will reimburse the County for staffing and equipment use fees in the amount of $1,552, as required in the Board policy. Recommendation: Board authorization to waive $2,400 in facility rental fees for the 2012 Fort Pierce Exchange Annual Chili Cook Off to be held at the Havert L. Fenn Center as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. AGENDA REQUEST ITEM NO. VI-G3 DATE: 7/3/2012 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark DiMascio SUBMITTED BY: Parks, Recreation & Facilities Division Manager SUBJECT: Waiver of Ravenswood Pool Rental Fees for the St. Lucie County Special Olympics BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to waive $225 in facility rental fees for St. Lucie County Special Olympics for aquatics practice to be held at the Ravenswood Pool as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures OMB County Attorney ( X) 114 Budget Analyst ( ) Daniel McIntyre Originating Dept. (X )�� PRF Division (X ) Manager Edward Matthews Marie Gouin Patty Marston Mark DiMascio Parks, Recreation and Facilities MEMORANDUM TO: Board of County Commissioners THROUGH: Edward Matthews, Directo p FROM: Mark DiMascio, Division Manager DATE: July 3`d, 2012 SUBJECT: Waiver of Ravenswood Pool Rental Fees for the St. Lucie County Special Olympics ITEM NO. VI-G3 Background: The St. Lucie County Special Olympics is requesting to utilize the Ravenswood Pool for aquatics practice for their athletes on June 25th, July 3rd, August 6th and August 13th 2012 for 1 '/ hour sessions. The St. Lucie County Special Olympics is a registered 501(c)(3), and the organization and events meet the requirements of the St. Lucie County Facility Use Policy for fee waivers. The mission of the St. Lucie County Special Olympics is to provide year-round sports training and athletic competition in a variety of Olympic -style sports for children and adults with intellectual disabilities, giving them continuing opportunities to develop physical fitness, demonstrate courage, experience joy and participate in a sharing of gifts, skills and friendship. This program is open to any qualified special needs child or adult in St. Lucie County. The St. Lucie County Special Olympics serves 268 athletes who participate in 10 different year round sports; the Aquatics Program serves 32 athletes. The St. Lucie County Special Olympics is requesting that the County waive the facility use fee of $225 for the four sessions. They will reimburse the County for staffing fees for lifeguards in the amount of $180 as required in the Board policy. Recommendation: Board authorization to waive $225 in facility rental fees for St. Lucie County Special Olympics for aquatics practice to be held at the Ravenswood Pool as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. ITEM NO. VI-H COUNTY", F L a WA D Kt : .. TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Planning & Development Services Project Cube — Letter of Intent See attached memorandum. 001009-5215-582000-500 County Job Incentive N/A DATE: 07/03/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) PRESENTED BY: Michael Brillhart Business & Concurrencv Manager 49 Board authorization to have the County Administrator send a Letter of Intent to offer Project Cube an Ad Valorem Tax Exemption phased over five years and a Job Growth Investment Grant (JGIG) in the amount of $18,000 phased over two years ($9,000 per year). COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER County Attorney ( ) Originating Dept. ( ) DENIED a Daniel McIntyre Mark Satterlee CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures _ OMB Director ( ) Marie Gouin Budget Analyst Sophia Holt ®• PLANNING AND DEVELOPMENT SERVICES ' DEPARTMENT MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Directo FROM: Michael Brillhart, Business & Concurrency Manager 0 DATE: July 3, 2012 SUBJECT: Project Cube — Letter of Intent ITEM NO. VI-H Background: Project Cube has requested economic development incentives in consideration of its interest in relocating to St. Lucie County. Project Cube is an existing PC -based controller systems manufacturing company which is designated as an eligible industry on the County's Qualified Target Industries (QTI) list. The company is currently in discussion with the Economic Development Council of St. Lucie County, Inc. on the availability of economic development business incentives. The intent of Project Cube is to hire 10 employees at an average annual salary of $40,498 ($19.47/hour). The company anticipates an investment of $1.5 million in building and equipment. In consideration of the 10 employees to be hired and its $1.5 million capital investment, Project Cube is eligible for an ad valorem tax exemption phased over five years. It should be noted that the current 10-year ad valorem tax exemption program is valid through November of this year. The adoption of any ad valorem tax exemption ordinance beyond November will require voter referendum approval on the November 2012 general election ballot. Based upon the number of employees to be hired and the average salary, the company is also eligible for a Job Growth Investment Grant in the amount of $18,000 payable over two years. Staff is recommending that Project Cube receive an ad valorem tax exemption and a Job Growth Investment Grant with the creation of 10 new jobs. The Job Growth Investment Grant payments will be absorbed into the current JGIG funding account. This will not require an increase to the upcoming budget. Recommendation Board authorization to have the County Administrator send a Letter of Intent to offer Project Cube an Ad Valorem Tax Exemption phased over five years and a Job Growth Investment Grant (JGIG) in the amount of $18,000 phased over two years ($9,000 per year). Copy to: Faye W. Outlaw, MPA, ICMA-CM Dan McIntyre, County Attorney Lee Ann Lowery, Assistant County Administrator Mark Satterlee, AICP, P&DS Director Marie Gouin, OMB Director ECONOMIC DEVELOPMENT C...M OF .1. 1-1. 10-11 PUBLIC PARTNERS June 1, 2012 St. Lucie County City of Fort Pierce Ms. Faye Outlaw City of Port St. Lucie Florida Atlantic University County Administrator Fort Pierce Utilities Authority St. Lucie County Indian River State College 2300 Virginia Avenue SLC Chamber of Commerce Fort Pierce, FL St. Lucie County School District Workforce Solutions Re: Project Cube BOARD OF ADVISOR LEVEL Lawnwood Regional Medical Center & Dear Ms. Outlaw: Heart Institute / St. Lucie Medical Center Martin Health Systems Project Cube is a Swiss manufacturer of PC -based controller systems that is PNC Bank interested in locating to St. Lucie County. The company intends to hire 10 jobs Seacoast National Bank Torrey Pines Institute for Molecular Studies during years one through three at an average wage of $40,498. They expect to Tradition Development Company make a capital investment of approximately $1.5M to purchase land and build a facility. CHAIRMAN'S LEVEL AT&T Florida Digital Domain Media Group, Inc. Florida Power & Light Mann Research Center VGTI Florida, Inc. LEADERSHIP LEVEL Asset Specialists Inc. Florida Community Bank Scripps Treasure Coast Newspapers TD Bank Tropicana CORPORATE LEVEL AECOM Anderson -Moore Construction Corp. BankUnited Dean, Mead, Minton & Zwemer Dibartolomeo, McBee, Hartley & Barnes, P.A. DPR Construction, Inc. Gulfstream Business Bank Gunster, Yoakley & Stuart, P.A. Harbor Community Bank Orange Blossom Business Center PGA Golf Club Spherion Suffolk Construction Company, Inc. Underwater Engineering Services, Inc. This company was founded in 1989 and is expanding from a Vero facility. They plan to make a St. Lucie County location their North American corporate headquarters, which will include sales, some R&D, tech support, repairs and manufacturing of at least two of their product lines. We would appreciate it if you would review this company's information and let us know if they are eligible for any county economic development incentives. Sincerely, 4� Larry Pelton President Economic Development Council of St. Lucie County, Inc. 1850 SW Fountainview Boulevard, Suite 205, Port St. Lucie, Florida 34986 (772) 879-4144 Office • (772) 879-7477 Fax • contact@YourEDC.com • www.YourEDC.com July 5, 2012 Mr. Larry Pelton Economic Development Council of St. Lucie County 1850 SW Fountainview Boulevard, Suite 205 Port St. Lucie, Florida 34986 Re: Letter of Intent — Project Cube Dear Mr. Pelton: St. Lucie County is pleased to present to Project Cube an estimated economic development business incentives package to demonstrate the County's support for a favorable decision to relocate to St. Lucie County. The incentives package is contingent upon Project Cube locating its PC -based controller systems manufacturing company in St. Lucie County and employing a minimum of 10 persons with an average annual wage of at least $40,498. The incentive package will include an ad valorem tax exemption and a Job Growth Investment Grant (JGIG). Ad Valorem Tax Exemption It is our understanding that Project Cube intends to make a capital investment of $1,500,000 in building and equipment. The ad valorem tax exemption calculated over a five-year period on a declining basis is $38,757 based upon current tax rates. To be eligible for an ad valorem tax exemption, an applicant must submit a request on an Economic Development Ad Valorem Tax Exemption Application form. The applicant's request is submitted to St. Lucie County Property Appraiser for review and report. Approval of any request for tax exemption is subject to a public hearing by the Board of County Commissioners. It should be noted that the current 10-year ad valorem tax exemption program is valid through November of this year. The adoption of any ad valorem tax exemption ordinance beyond November, 2012 will require voter referendum approval on the November 2012 general election ballot Page 2. Job Growth Investment Grant (JGIG) In consideration of the hiring of 10 new employees at an annual salary of $40,498 ($19.47/hour), St. Lucie County is offering Project Cube a Job Growth Investment Grant (JGIG) incentive in the amount of $18,000 payable over 2-years ($9,000/year). Payment is contingent upon compliance with minimum employee hiring and wage rate requirements. St. Lucie County is very appreciative of Project Cube considering relocating to St. Lucie County and potentially creating 10 new jobs for our citizens. We look forward to a long and mutually beneficial relationship. Sincerely, Faye W. Outlaw, MPA, ICMA-CM County Administrator Copy to: St. Lucie County Board of County Commissioners Daniel McIntyre, County Attorney I'?wv ,I'�v ,���u It. - r •� , ` "`ir �`'ri'yJr' � ,�i u -r r-T 7 I r. � �t �.il: A. , 'V' r` ,� �t� .'µI _.w S i _Cr1iG S „ r r, 1_ d_ r Ax _r ' 4 u�� �.->' ',Ii'- ;. I. I :-T,'> f,. i;•_=�Pi�V'r'., icy^ 1 0,'=,, ,aril T.+ C tf�r>x . 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'I1• - Il _ 1 1__'' c a , P'� i - I 1. � i .• ' i i i r l ; I AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: BACKGROUND: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: ITEM NO. VII-A DATE: July 3, 2012 REGULAR[] PUBLIC HEARING [ x ] CONSENT[ ] PRESENTED BY: Katherine Barbieri Assistant County Attorney Ordinance No. 12-011 - Lot Clean-up See CA No. 12-0683 Permission to advertise was granted by Board of County Commissioners on May 1, 2012. The Notice of Intent was published in the Tribune on June 20, 2012. Staff recommends that the Board adopt the attached Ordinance No. 12-011 and authorize the Chairman to sign the Ordinance. Review and Approvals [X] County Attorney: [ ]Management Et Budget: Daniel McIntyre [] Road E Bridge.: [) Parks & 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 COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO. 12-0683 DATE: June 22, 2012 SUBJECT: Ordinance No. 12-011 - Lot Clean Up BACKGROUND: County Staff recommends amending Article II "Abandoned Property, Garbage, Trash, Junk and Debris" of Chapter 1-9 "Garbage, Trash and Refuse". Ordinance No. 12-011 has been drafted to amend the St. Lucie County Code and Compiled Laws to (i) prohibit the nuisances that arise when property is allowed to deteriorate; (ii) provide for clean-up of the property and abatement of the nuisance; (iii) provide for assessment of property where the County undertakes the clean-up; and, (iv) authorize the use of the uniform method for the imposition and collection of non -ad valorem assessments against those properties. Permission to Advertise was approved by the Board of County Commissioners on May 1, 2012. The Notice of Intent was published in the News Tribune on June 20, 2012. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners adopt Ordinance No. 12- 011 and authorize the Chairman to sign the Ordinance. Respectfully submitted, Kathie rf Barbieri Assistant County Attorney ORDINANCE NO. 12-011 AN ORDINANCE AMENDING ARTICLE 11 "ABANDONED PROPERTY, GARBAGE, TRASH, JUNK AND DEBRIS" OF CHAPTER 1-9 "GARBAGE, TRASH AND REFUSE" BY AMENDING SECTION 1-9-16 "DEFINITIONS"; CREATING SECTION 1-9-19.6 TO REQUIRE THE CLEAN-UP OF PROPERTY UNDER CERTAIN CONDITIONS; PROVIDING THE PURPOSE AND INTENT AND DEFINITIONS; DECLARING CERTAIN CONDITIONS ON LOTS, PARCELS, AND TRACTS WITHIN THE COUNTY BOUNDARIES TO BE A NUISANCE AND MENACE; PROHIBITING THE ACCUMULATION OF TRASH, JUNK, OR DEBRIS, LIVING AND NONLIVING PLANT MATERIAL, AND STAGNANT WATER; PROHIBITING THE EXCESSIVE GROWTH OF GRASS, WEEDS, BRUSH, AND OTHER OVERGROWTH, PROHIBITING THE KEEPING OF FILL ON PROPERTY THAT RESULTS IN CERTAIN CONDITIONS; PROHIBITING CERTAIN CONDITIONS THAT CONSTITUTE AN IMMINENT THREAT TO PUBLIC HEALTH; AUTHORIZING THE COUNTY TO UNDERTAKE IMMEDIATE ABATEMENT AND REMEDY OF IMMINENT PUBLIC -HEALTH THREATS; PROVIDING FOR ENFORCEMENT OF VIOLATIONS OF SECTION 1-9-19.6; REQUIRING NOTICES TO OWNERS AND, IF APPLICABLE, AGENTS, CUSTODIANS, LESSEES, AND OCCUPANTS OF PROPERTY IN VIOLATION OF SECTION 1-9-19.6; PROVIDING FOR APPEALS OF VIOLATION NOTICES; AUTHORIZING THE IMPOSITION AND LEVY OF SPECIAL ASSESSMENTS IF COSTS ARE INCURRED BY THE COUNTY AND NOT REIMBURSED BY THE PROPERTY OWNER AND, IF APPLICABLE, THE PROPERTY AGENT, CUSTODIAN, LESSEE, OR OCCUPANT; REQUIRING NOTICES OF ASSESSMENT; PROVIDING FOR ASSESSMENTS FOR THE COST OF LOT CLEAN-UP; ESTABLISHING THE COUNTY AS A SPECIAL ASSESSMENT DISTRICT; AUTHORIZING THE LEVY OF NON -AD VALOREM ASSESSMENTS IN CONNECTION WITH VIOLATIONS OF SECTION 1-9-19.6; PROVIDING FOR THE COLLECTION OF NON -AD VALOREM ASSESSMENTS; AUTHORIZING AN AGREEMENT WITH THE ST. LUCIE COUNTY PROPERTY APPRAISER AND TAX COLLECTOR; AUTHORIZING AND REQUIRING THE ADOPTION OF A RESOLUTION REGARDING THE COUNTY'S USE OF THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS; PROVIDING FOR ANNUAL NON -AD VALOREM ASSESSMENT ROLLS; PROVIDING TRANSITION PROVISIONS AND RATIFYING ASSESSM ENTS TO RECOVER COSTS INCURRED BY THE COUNTY TO REMEDY VIOLATIONS PRIOR TO THE ORDINANCE'S ENACTMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the County has determined that many properties in the County, primarily those that have been abandoned because of pending mortgage foreclosure, have accumulations ofjunk,trash, debris, living and nonliving plant material, stagnantwater, excessive overgrowth of weeds, grass, and otherobjectionable, unsightly or unsanitary materials; and Underlined passages are added. -1- 5trac*throvyhPassages are deleted WHEREAS, by enactment of this Ordinance, the County prohibits (i) the existence of excessive accumulations or untended growths of weeds, undergrowth, or other dead or living plant life, stagnant water, rubbish, debris, trash, and all other objectionable, unsightly, or unsanitary matter upon any lot, tract or parcel, (ii) conditions conducive to the infestation or in ha bitance of rodents, vermin, or wild animals, (iii) conditions conduciveto the breeding of mosquitoes, and (iv) untended property thatthreatens orendangers the health, safety, or welfare of County residents or adversely affects or impairs the economic welfare of adjacent property; and WHEREAS, these prohibited conditions are declared public nuisances, and the failure of property owner to abate and terminate the public nuisance results in (i) the "clean-up" of the property bythe County and (ii) the imposition of a non -ad valorem special assessment on the property if the County is not timely reimbursed forthe cost of the "clean-up"; and WHEREAS, the County has the authority to use the uniform method for the levy, collection, and enforcement of non -ad valorem assessments as setforth in Chapter 197 of the Florida Statutes; and WHEREAS, if not timely paid, the non -ad valorem assessment for clean-up of a lot will be included on the property owner's annual tax bill as set forth in Chapter 197 of the Florida Statutes; and WHEREAS, ifthe non -ad valorem assessment is not paid timely, alien may also be recorded against the property; and WHEREAS, the County now intends to amend its Code of Ordinances to (i) prohibit the nuisances that arise when property is allowed to deteriorate as described herein; (ii) provide for clean-up of the property and abatement of the nuisance, (iii) provide for assessment of property where the County undertakes the clean-up and (iv) authorize the use of the uniform method forthe imposition and collection of non -ad valorem assessments against those properties; and WHEREAS, the clean-up of these properties is providing a special benefit to the property by preventing decline in property Value, improving aesthetics of property, marketability, safety by reducing fire hazards, and improving access to the property: and WHEREAS, the imposition of non ad valorem assessments to recoup the actual cost incurred by the County in providing clean-up services, together with a pro-rata share of any administrative cost involved, provides an equitable method offunding such clean-up service byfairly and reasonably allocating the cost thereof to specifically benefitted property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A: ARTICLE II ABANDONED PROPERTY, GARBAGE, TRASH, JUNK AND DEBRIS Underlined passages are added. -2- 5tr-1, t'ro gh passages are deleted. Section 1-9-16. Definitions. For the purpose of this article, the following words shall have the meanings indicated: Abandoned property wrecked or derelict property having nova I ue other than nominal salvage value, if any, which has been left abandoned and unprotected from the elementsand is visible from the adjacent property and/or public right-of-way adjacent to the property on which the article is located, and shall include wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, white goods, building materials, refrigerators, washing machines, plumbing fixtures, furniture, and any similar article which has no value other than nominal salvage value, if any. The presence of a current license plate on a motor vehicle shall raise a rebuttable presumption that the motor vehicle is not abandoned property. The presence of a current registration decal on a boat shall raise a rebuttable presumption that the boat is not abandoned property. For the purpose of this Section, a motor vehicle, boat or trailer shall be deemed abandoned property if it is inoperative for a period of longer than five (5) days and is not stored in an enclosed building, or at an authorized junk or auto wrecking yard. Evidence of removed or flat tires; partial or complete dismantling motorvehicle, boat or trailer in other than an upright or operable manner; or lack of a current license plate or current registration decal shall raise a rebuttable presumption that the motor vehicle, boat or trailer is abandoned property. Abandoned real property means any real property in unincorporated St. Lucie County that is vacant and is under a current notice of default and is the subject of a foreclosure action or proceeding, is the subject of a foreclosure sale where the title was retained by the mortgagee involved in the foreclosure, and/or has been transferred under a deed in lieu of foreclosure or sale to the mortgagee. Actual cost means the actual contract amount plus interest, if any, as invoiced by an independent, private contractorfor terminating and abating a violation of this article on a lot, tract, or parcel, plus the cost ofserving notice of the violation, obtaining title information on the property, and all other identifiable costs incurred by the county in the cleanup of the lot, tract, or parcel. Compatible electronic medium or media means machine-readable electronic repositories of data and information, including, but not limited to, magnetic disk, magnetic tape, and magnetic diskette technologies, which provide without modification that the data and information therein are in harmony with and can be used in concert with the data and information on the ad valorem tax roll keyed to the property identification number used by the St. Lucie County Property Appraiser. Compost bin means a container designed for the purpose of allowing nonliving plant material to decompose for use as fertilizer. For purposes of this article, any such compost bin shall be constructed of wire,wood latticeorother materialwhich allows airto filter through the structure. Acompostbinshall not exceed an area of sixty-four square feet or a height of five feet. Debris means fragments or accumulations of pieces of metal, rubber, plastic, cloth or any other natural, manufactured or vegetative matter. Enforcement officer means sheriff, code enforcement officer or any other officer designated by resolution of the board of county commissioners to enforce the provisions of this section. Underlined passages are added. -3- St..,k th—sh passages are deleted. Fill means material such as dirt that is imported and deposited on property by artificial means Foreclosure means the legal process by which a parcel, tract, lot or other defined area of real property, placed as security for a real estate loan, is prepared for sale by the lender/mortgagee to satisfy the debt if the borrower/mortgagor defaults. This definition shall include all processes, activities and actions, by whatever name, associated with the described process. Garbage means any waste part of food or other discarded animal or vegetable matter subject to bacterial decay. Grass, weeds, or brush means grass or weeds or brush that when allowed to grow in a wild and unkempt manner, will reach a height of twelve inches or more This definition does not include bushes shrubs, trees, vines, flowering plants, and other living plant life typically used and actually being used for landscaping purposes. Imminent public -health threat means the condition of a lot tract or paracel of land that because of the accumulation of trash, funk or debris, such as broken glass rusted metal automotive and appliance parts, some of which may contain chemicals, such as freon oils fluids or the like may cause iniury or disease to humans or contaminate the environment orthe condition of a lot tractor parcel that because of the excessive growth of grass, weeds, brush or decaying vegetative matter can harbor criminal activity, attracting or breeding flies, mosquitos or otheranthropodsand rodents, orvermincapable ofphysical harm and transmitting diseases. Junk means pieces, parts, or discarded whole units of metal, rubber, plastics, glass, or other objects manufactured from either organic or inorganic materials. Levy means the imposition of non -ad valorem assessments against property found to be in violation of this article. Local means within the boundaries of St. Lucie County, Florida. Local agent means an agent, located in St. Lucie County, designated by the mortgagee upon registration as required under this section. Mortgagee means the creditor, including but not limited to, trustees; service companies; lenders in a mortgage agreement; any agent, servant, or employee of he creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement. For purposes of this section only, the term mortgagee does not apply to governmental entities. Non -ad valorem assessmentmea ns a special assessment that is not based upon millage and that can become a lien against a homestead as permitted in section 4 of Article X of the Florida Constitution Non -ad valorem assessmentroll means the roll prepared by the County and certified tothe St Lucie County Property Appraiser and Tax Collector, as appropriate under Florida law, for collection Underlined passages are added. -4- 5lrccicthrovgir passages are deleted. Non living plant material means nonliving vegetation such as leaves grass cuttings shrubbery cuttings, tree trimmings and othermaterial incidental to attending the care of lawns,shrubs vines and trees. Owner means every person, entity, or service company, who alone or severally with others: (1) Has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park; or (2) Has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit, building, structure or parcel of land, vacant or otherwise, including a mobile home park, in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee orguardian of the estate of the holder of legal title; or (3) Is a mortgagee in possession of any such dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park; or (4) Is an agent, trustee or other person appointed by the courts and vested with possession or control ofanysuch dwelling, dwelling unit, mobile dwellingunit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park; or (5) Is a person who operates a rooming house. Person means any individual firm, business, partnership, corporation, or unincorporated association. Property means a lot ortract or parcel of land and the adjacent unpaved and ungraded portion of the right-of-way, whether such lot or tract or parcel is improved or unimproved. Trash means noutte, waste material, including, butnot limited to, putrescible and non-putrescible waste combustible and non-combustible waste, vegetative matter, and generally all waste materials such as paper, cardboard tin cans, lumber, concrete rubble, glass bedding crockery, household furnishings household appliances dismantled pieces of motor vehicles or other machinery, rubber tires, rusted metal articles of any kind broken parts of trees, pruning and clippings. Vacant means any building structure or dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park that is not legally occupied for more than fifteen (15) days. PART B: Section 1-9-19.6 LOT CLEAN-UP (1) Purpose and Intent. The purpose and intent of this article is to prohibit the following• Underlined passages are added. -5- St+..kth—gh passages are deleted. a. accumulation of trash, iunk, or debris living and nonliving plant material and stagnant water, b. excessive and untended growth of grass weeds, brush branches and other overgrowth, and C. the existence of all other objection able unsightly or unsanitary matter, materials and conditions on property whether improved or unimproved. The purpose and intent of this article is to prevent conditions on property that result in the following: a. property being inhabited by, or providing a habitat for rodents vermin reptiles or other wild animals, b. property providing a breeding place for mosquitoes flies or arthropods C. property being a place or being reasonably conducive to serving as a placeforillegal or illicit activity, d. prop ertythreate ningorendangering the pub Iichealth, safety or welfare of county residents, e. property reasonably believed to cause currently, or have the potential to cause in the future, ailments or disease, f. property adversely affecting and impairing the economic value of enjoyment of surrounding or nearby property. (2) Declaration of nuisance and menace. The 0) accumulation of trash, junk or debris living and nonliving plant material or stagnant water upon property, (ii) the excessive growth of grass weeds brush branches and other overgrowth upon property and (iii) the keeping of fill in an unsafe and unsanitary manner is declared to be a nuisance and menace to the public health safety, and welfare of the citizens of the County for the following reasons: a. The aesthetic appearance of property preserves the value of other properties within the County. b. The W accumulation of trash junk ordebris nonliving plant material or stagnant water, (jj) the excessive growth of grass,weeds, brush, branches and other overgrowth upon property and (iii) the keeping of fill in an unsafe and unsanitary manner is dangerous unhygienic unhealthy visually unpleasantto the reasonable person of average sensibilities and a visual nuisance because it depreciates or potentially can depreciate, the value of neighboring property. Underlined passages are added. -6- SNvci-tl ..,k passages are deleted. C. Unless addressed properly in this Code of Ordinances Countytaxpayers could be and would be required to pay the cost of cleaning up such properties and such clean-ups would have to be undertaken by the County several times a year, in some cases for the same properties. (3) Accumulation of trash, funk, or debris, living and nonliving plant material and stagnant water. a. Every owner and, if applicable, every agent custodian lessee or occupant of property shall reasonably regulate and effectivelycontrol accumulations oftrash, junk, or debris, living and nonliving plant material, and stagnant water (i) on the property, and (ii) that portion of the adjoining public right-of-way between the property and the paved or graded street b. The following uses are permissible: (1) Storage of trash, junk, debris, and living and nonliving plant material in garbage cans that comply with applicable ordinances relating to solid waste collection. (2) The storage of nonliving plant material in compost bins, except that no property may have more than two compost bins. (3) Keeping wood on the property for use as fire or fuel, provided, such wood shall be piled, stacked, bundled, or corded and the area surrounding the piles, stacks bundles or cords shall be free of excessive growth of grass, weeds, brush, branches, and other overgrowth. 4) Excessive growth ofg_rass_weeds, _brush and other overgrowth. Every owner and. if applicable, every agent, custodian, lessee, oroccupant of p roperty shall reasonably regulate and effectively controlthe excessive growth of grass, weeds, brush, and otherovergrowth (i) on the property, and (ii) that portion of the adjoining public right-of-way between the propertyand thepavedorgradedstreet. Excessive growth of grass, weed brush, and other overgrowth_ that exceeds twelve inches in height is prohibited and shall be trimmed to a height below twelve inches. Vegetative growth that is mature Florida ecological community, as defined by the Soils Conservation Service in its publication entitled 26 Ecological Communities in Florida, is not prohibited bythis article. However, in the eventthis vegetative growth constitutes an imminent public health threat, it shall be removed upon the order of the County Administrator or designee. (5) Keeping of fill on property. Every owner and, if applicable, every agent, custodian lessee or occupant of property shall reasonably regulate and effectively control the property so as to prevent the keeping of fill on itto preventthe creation of (i) a habitat for rodents, vermin, reptiles, or other wild animals (ii) breeding ground for mosquitos, flies or arthropods, (iii) a place conducive to illegal activity, (iv) a place that threatens or endangers the public health, safety or welfare of county residents (v) a place that is reasonably believed to cause currently, or potentially to cause in the future, ailments or disease or NO a condition on the property that adversely affects and impairs the economic value or eniovment of surrounding or nearby property. Underlined passages are added. -7- `atrmkihrovgkpassages are deleted. (6) Imminent pub lic-healththreat.(i)Anaccumulation oftrash, funk debris living and nonliving plant material, or stagnant water, (ii) an excessive growth of grass weeds brush or other overgrowth or (iii) the keeping of fill on property that presents an imminent public -health threat maybe remedied by the County making a reasonable effort to notify the Owner and may immediately notify the County Administrator to request a hearing. The County Administrator shall determine whether, under the provisions of this article, an imminent public -health threat exists. If actual notice did not occur, after -the -fact notice will be provided by the County to the owner and, if applicable, the agent, custodian lessee or occupant no later than five work days after the abatement. After -the -fact notice shall be sent as set forth in Section 7 below, and the owner and if applicable, the agent, custodian, lessee, or occupant shall havefifteen days from the date notice is received to(i)reimbursethe Countvor(ii)appealtheCountyAdministrator's determination that an imminent public - health threat existed on the property. (7) Enforcement. (a) Violations. Failure or refusal by the owner and/or, as applicable the agent custodian, lessee or occupant of propertyto comply with the requirements of Secs 1-9-19 6 (3) (4) or (5) is a violation of this Article. The existence of an imminent public -health threat on a property is a violation of this article. (b) Notice of violation. Whenever the County Administrator or his/her designee determines there is a violation of this article, the County Administrator shall serve or cause to be served a "notice of violation" on the owner and, if applicable the agent custodian lessee or occupant of the property. The "notice of violation" shall direct the owner and if applicable the agent custodian lessee or occupant to terminate and abate the violation within twenty calendar days of the date the "notice is received." If the "notice of violation" pertains to an imminent public -health threat abated by the County, the notice shall direct the owner and, if applicable, the agent custodian lessee or occupant to pay to the County the cost of such abatement. If the notice of violation is sent or delivered to both the owner and the owner's agent, custodian, lessee, oroccu pant, they shall be jointly a nd severally responsible to remedy the violation (c) Notice isreceived. The "notice of violation" shallbe sentby United States certified mail with a return receipt requested. "Notice is received" on the date the owner, or, if applicable the agent custodian, lessee, or occupant of the property initials or otherwise indicates receipt of the notice on the return receipt. In the event that certified -mail delivery cannot be accomplished and after reasonable search by the County for such owner or, if applicable the agent custodian lessee or occupant ofthe property, or if the notice is not accepted or is returned to the County a physical posting of the "notice of violation" on the property shall be deemed the date the "notice of violation" is received d. Form of notice. The notice shall be in substantially the following form: NOTICE OF VIOLATION Underlined passages are added. -8- Strvckihrmrg•kpassages are deleted, Name of Owner: Address of owner: Name of agent, custodian, lessee, or occupant (if applicable): Address of agent, custodian, lessee, or occupant (if applicable): Ourrecordsindicatethatyouaretheowner, agent custodian lessee or occupant of the following property in the St. Lucie County: [description of propertyl An inspection of this property discloses, and I have found and determined that a public nuisance exists on this property. This public nuisance violates Section 1-9-19.6 of the Code of Ordinances of St Lucie County Florida in that: [description of the violation in this article] [You are hereby notified that if, within twenty days from the date this notice is received a. the violation described above is not remedied and abated, or b. this violation has not been timely appealed, as set forth in Sec. 1-9-19.6(8) of the County's Code of Ordinances. The County will cause the violation to be remedied, and the costs incurred by the County in connection with the cleanup will be assessed against the property and may be collected as anon ad valorem assessmenton the annual property tax bill.] To appeal this notice of violation, you must file your notice of appeal no later than 15 days after receipt of this notice. THE FAILURE TO PAY THE ASSESSMENT WILL CAUSE A TAX CERTIFICATE TO BE ISSUED AGAINST THE PROPERTY WHICH MAY RESULT IN A LOSS OF TITLE. St. Lucie County Underlined passages are added. -9- Strncictlrrovgirpassages are deleted. If the notice is an after -the -fact notice of an imminent public -health threat the bracketed portions shall be deleted and, in their place, the information required in Section 1-9-19 6 (11) regarding levy of assessment on the property for the costs of abatement incurred by the County shall be substituted. (8) Appeals. Within fifteen days after notice is received the owner or, if applicable the agent custodian, lessee, or occupant of the property may appeal to the County Commission that a "notice of violation" is not warranted for the property or that the property did not pose an imminent public -health threatthat required cleanup. (a) Content of Appeal. The owner or, if applicable the agent custodian lessee or occupantof the property must appeal the notice of violation bywritten notice to the County Administrator The written notice must be accom pan ied by a reasonable filing fee,currently$85000 as determined by the County Administrator, and shall be either hand delivered to the County Administrator, or mailed to the County Administrator and postmarked, within the fifteen -day period after notice is received. Upon timely receipt theCountyAdministratorwillscheduletheappealforapublic hearing before the County Commission. At the public hearing the appellant shall be afforded due process and may present such evidence as is probative of the appellant's case. The County Administrator or other countystaff shall presentsuch evidence as is probative of the alleged violation.Membersofthepublicshall be afforded the opportunity to present relevant testimony and evidence. Thereafter, the hearing shall be closed and the County Commission shall rule on the appeal. (b) Unsuccessful appeal. Ifthe appeal is unsuccessful, the property must be "cleaned up" and theviolation remedied and removed within fifteen daysfrom thedateofthe CountvCommission's decision. (c) An aggrieved party may appealtheBoard ofCounty Commissioner's decisiontothe circuit court. Such appeal shall not be a hearing de novo but shall be limited to appellate review of the record created beforethe Board of County Commissioners. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. (9) Special assessment imposed. a. The conditions contemplated by this Article create imminent risks both for the affected property and the broader public health and in essence creates a burden that must be remedied by the County. Clean-up services provided by the County relieve the burden created by such conditions and therefore convey a special benefit to the property receiving the services. Additional special benefits conveyed may include but are not lim ited to preventing decline in property value improving aesthetics of property, marketability, safety by reducing fire hazards and improving access to the property b. In the event an appeal is not made within fifteen days after notice is received and the violation is not remedied, or a timely appeal is made but is unsuccessful and the violation is not remedied, the County may undertake such action as is necessary or useful to remedy the violation The costs incurred by the County to remedy the violation, including the actual cost of clean-up and a pro-rata share of anv administrative expenses related to the collection and costs incurred in other identifiable costs related to the clean-up and collecting the assessments involved [including amounts necessary to account Underlined passages are added. -10- Stracki{rrovgirpassages are deleted. for any statutory discount for the early payment of property taxes and non ad valorem assessments but excluding any applicable penalty or finel shall be assessed against the property as authorized by Article II of this Chapter. All assessments shall be paid in full no later than the close of County business on the twentieth (201h) business day after the property owner has received notice of the assessment Thereafter, the unpaid amount of the assessment will accrue at the statutory rate for final judgments calculated on a calendarday basis until paid and may be collected as a special assessment sometimes referred to as a non - ad valorem assessment, on the annual property tax bill. Any penalties or fines may continue to accrue interest and be collected and enforced in accordance with the procedure forforeclosure of mortgages or any other method authorized by law or County ordinance. C. The imposition of non ad valorem assessment to recoverthe actual cost incurred by the County in providing clean-up services, together with a pro-rata share of any administrative costs involved (including amounts necessary to account for any statutory discount for the early payment of property taxes and non ad valorem assessments but excluding any applicable penalty or finel provides an equitable method of funding such clean-up service by fairly and reasonably allocating the cost thereof to specifically benefitted property. d. The non -ad valorem assessment roll will be comprised of properties that have had levied againstthemnon-advaloremassessments underthisarticle and such assessmenthas nototherwise been paid in full prior to approval of the roll. e. Any cost of clean-up that exceeds one thousand ($1 000) dollars may be collected by the County in two (2) annua I cycles. This shall be solely at the discretion of the County Administrator. (10) Notice of assessment. Upon completion of the actions undertaken bytheCountytoremedy the violation on the property, the County Administrator or designee, shall notify in writing the owner and if applicable, the agent, custodian, lessee, or occupant that a special assessment has been imposed on the property. The notice shall be delivered to the owner and, if applicable, the agent custodian lessee or occupant in the manner set forth for delivery of the notice of violation in Sec. 1-9-19 6 (7) The notice of assessment shall set forth the following: (a) a description of the violation, a description of the actions taken by the County to remedy the violation, and the fact that the property has been assessed forthe costs incurred by the County to remedy the violation. (b) The aggregate amount of such costs and an itemized list of such costs (c) The intent of the Countyto record the assessmentas a lien against the property if not paid timely, within the period of twenty business days as set forth in Sec. 1-19-19.6(9) (d) The intentofthe Countytoplacetheassessment onthetax roll asanon-ad valorem assessment if not paid by the following December 1. Underlined passages are added. -11- Strvcirth+ocg}rpassages are deleted. (e) The potential for the property to be sold and conveyed by tax deed if the tax certificate is notredeemed by payment of the non -ad valorem assessment in full, plus interestas required by Florida law. (11) Establishment of special assessment district. St. Lucie County's Urban Service Boundary as defined in the St. Lucie County Comprehensive Plan as it exists on the date of enactment of this article and as it may be expanded or contracted from time to time, is hereby declared a special -assessment district for the purposes of abating and remedying violations of this chapter. Individual properties within the unincorporated County's boundaries, as they may exist from time to time, may be assessed for the costs incurred by the County in abating and remedying violations of this chapter. (12) Levy of non -ad valorem assessments. The County Commission is authorized to levy from time to time, a non -ad valorem assessment against each and every property in the County (i)on which there occurs or has occurred a violation of article I, (ii) the County undertakes or has undertaken action to abate and/or remedy the violation and, thereby, incurs or has incurred costs, and (iii) the property owner and if applicable, the agent, custodian, lessee, oroccupantof the propertyfails orrefuses or hasfailed or refused forwhatever reason, to pay timely the amount owed to the county for the costs incurred by the county in carrying out such abatement and remedy; provided, however, that the amount of the non ad valorem assessment shall be limited to actual clean up costs as determined in the sole discretion of the County together with administrative and collection costs as contemplated herein. (13) Collection of non -ad valorem assessments. The County Commission elects to use the uniform method to impose and collect non -ad valorem assessments against properties on which violations of article I occur or have occurred The non -ad valorem assessments collected pursuant to this article will be included in the combined notice for ad -valorem taxes and non -ad valorem assessments as provided in section 197.3635of Florida Statutes, including provisions relating to discount for early Payment,prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for nonpayment. (14) Agreementto reimburse St. Lucie County Property Appraiser and the St. Lucie CountyTax Collector. In order to use the uniform method for the levy, collection, and enforcement of the non -ad valorem assessments, the County is authorized to enter into a written agreementwith the St Lucie County Property Appraiser and the St. Lucie County Tax Collector providing for the reimbursement of their costs incurred in the administration and collection of the non -ad valorem assessments levied under this article (15) Adoption of resolutions. The County Commission will consider such resolutions as maybe required by Section 197.3632, Florida Statutes, pertaining to the imposition and collection of non ad valorem assessment on the annual property tax bill including but not limited to the resolution required by subsection 197.3632(3), Florida Statutes, which resolution shall state the following: (a) The County's intent to use the uniform method of collecting non -ad valorem assessments. (b) The County's need for the imposition of the non -ad valorem assessments Underlined passages are added. -12- 5trvckth—Sh passages are deleted. (c) The entire St. Lucie County Urban Service Boundary as defined in the St Lucie County Comprehensive Plan as it exists on the date of enactment of this article and as it may be expanded or contracted from time to time, is declared a special assessment district with individual properties being subject to the non -ad valorem assessment from time to time if and when violations occur. The County will comply with all statutory notice prerequisites set forth in section 197 3632 of Florida Statutes. (16) Annual non -ad valorem assessment roll. Each year, the County Comm ission will approve a non -ad valorem assessment roll at a public hearing between January 1 and September 15 The non -ad valorem assessment roll will be comprised of properties that have had levied againstthem non -ad valorem assessments underthis article,and such assessments have not otherwise been paid in full priorto approval of the roll. The County Administrator or designee is authorized and directed each year (i) to prepare the notice that must be sent by first-class United States mail, as required by subsection 197.3632(4)(b) of Florida Statutes,and (ii)to prepare and publish the newspaper notice required by subsection 197.3632(4)(b) of Florida Statutes. The notice to besent byfirst-class mailwill be sentto each person owning property that will be on the non -ad valorem assessment roll and will include the following: (a) The purpose of the assessment; (b) The total amount to be levied against the parcel, which includes the actual cost incurred by the county; (c) A statement that failure to pay the assessment will cause a tax certificate to be issued against the property, which may result in a loss of title; (d) A statement that all affected propertyowners have a rightto appearatthe hearing and to file written objections with the County Commission within 20 days of the notice• and (e) The date, time, and place of the hearing. Upon its approval by County Commission, the non -ad valorem assessment roll will be certified to the tax collector as required by law. PART C. TRANSITION PROVISION. Non -ad valorem assessments to recoveractual costs incurred by the County in remedyingviolations of article I of chapter 12-5 of the Code of Ordinances prior to the effective date of this ordinance may be levied against the affected properties and, if not timely paid in full, may be placed on a non -ad valorem assessment roll atthenext available opportunity. All actions taken by County officials and employeestothat end are ratified and confirmed herewith. Underlined passages are added. -13- 5frvch-th—ugrpassages are deleted, PART D. SEVERABILITY AND APPLICABILITY. It is declared to be the intent of the Board of County Commissioners of St. Lucie County, that if any section, subsection, sentence, clause or provision of this ordinance be held invalid, the remainder of the ordinance shall not be affected. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. Pursuantto Section 125.66, Florida Statutes, a certified copyof this Ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners. This Ordinance shall become effective when the acknowledgment is received from the Secretary of State that the Ordinance has been duly filed. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Dzadovsky XXX Vice Chairman Tod Mowery XXX Commissioner Chris Craft XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts C through H shall not be codified. PASSED AND DU LY ADOPTED this ----- day of ---------------- 2012. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA -------------------- BY: Deputy Clerk Chairman APPROVED AS TO FORM AND Underlined passages are added. -14- 5t {r passages are deleted. BY: CORRECTNESS: County Attorney Underlined passages are added. -15- 5t..,k-tfnvagk passages are deleted. ij ix rrif;T',•:� u'' 5 �til pS y T �n l�'�_tii l�y I I I�r �°� I�✓�$ l r p+l �, I :. I. I r r a I++;; i �pr� rlr�� 3 ,,J„ �.. '! r '!I• r �'' II ; {; -�I + ..... ... f ,I J ILr r� �•� •, m��. It 'ice Ir L •I! : 1 �. , JtY < €,5 f :,:la R,� �!: ff#� I �. .Vi ,i��lFyl• r'SI +�•l�-..!',� rrS { f" "J." F. WE Ild a 4� v I.S kInla: s , I 5��- r JtiR `I LI` 'yi{ it ;I-}cl5l , T HI_ 1u ��+i�wc LI• .. �I', �7 �{ , �, ,v_,I .. + i 4r`.. r� '� 2 -�, ��y�, I r; r.• 1 s +loll.. _, �T T, Ir }` s r` I�I'-' ,rl 1I�1f A it :':i If, ��..'� + � � r`�•. iSI�V 1 r r- �I ;,' :. - I II r, I�•�' ': y.� �,�,!y.I '1 r Lr ���. , Silli� n rl �I U I : • r'I, � � :�I 1'': • °'1+ 1� .1 ,�I � �. � � �� �I 111 �� "+ '�t r ' • J I - �:, r I - I 1 1 '� `nl � :. 1 - � - ,'i� ?g+� +•II: �''} _� I�' I h 1 ,I 8 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning and Development Services Department Planning Division SUBJECT: Village of Sunset Lakes — 12-Month Extension BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A ITEM NO. VII-B DATE: 07/03/12 REGULAR ( ) PUBLIC HEARING (X) LEG. ( ) QUASWD W CONSENT PRESENTED BY: Linda Pendarvis Planner PREVIOUS ACTION: June 15, 2010 e BOCC approved Preliminary Planned Town or Village (PTV) Site Plan and Rezoning. RECOMMENDATION: Board approval of Resolution No. 12-021 providing for a 12-month extension for the Village of Sunset Lakes PTV Site Plan, as outlined in the agenda memorandum. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM COORDINATION/SIGNATURES C� County Attorney (X) �; County Surveyor ( ) Daniel S. McIntyre County Engineer ( ) Originating Dept Purchasing Michael Powley (X)5 Ma k Satterlee Ron Harris ERD (X) Karen Smith OMB ( ) Marie Gavin Melissa Simberlund t MR BE R Planning and Development - M.Services Department Planning Division nu,Y. MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager o FR®61N: Linda Pendarvis. Planner DATE: July 3, 2012 SUBJECT: Village of Sunset Lakes ® 12-Month Extension On May 17, 2012, the applicant submitted a request to extend the Village of Sunset Lakes Preliminary Planned Village (PTV) Site Plan expiration date from June 15, 2012 to June 15, 2013. The applicant's request for a site plan extension states that the delay in development of the project "is necessary to properly satisfy the unique and untested specificity of the requirements of the TVC regulations, as expressed through the 23 conditions of approval." BACKGROUND: Village of Sunset Lakes is a mixed -use subdivision approved for of 700 dwelling units and 2,000 square feet of retail development. Approval of the original Preliminary PTV Site Plan application was granted on June 15, 2010, through Resolution No. 10-028, subject to 23 conditions of approval. The deadlines for the majority of the conditions of approval, except Condition No. 18 are prior to final site plan approval. For consistency, Condition No. 18 currently is proposed to be amended as follows: Within 90 days of final site plan approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required executed SLC (or SFWMD) conservation easement and the Environmental Resources Department approved Countryside Management Plan with an attached affidavit, and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. A copy of the standard conservation easement document can be obtained by visiting the St. Lucie County Environmental Resources Department website at: hftp-//www.stlucieco.org/Environmental Resources Department/index.htm It is common practice for staff to investigate the financial and legal status of any property for which an extension is requested. Staff has verified that the lands are not in foreclosure in state court; however, research shows that the property owner, Sunset Lakes of St. Lucie, LLC, has been sued by Regions Bank in Federal Court. Sunset Lakes of St. Lucie, LLC defaulted on the mortgage for the subject Board of County Commissioners Village of Sunset Lakes July 3, 2012 Page 2 property and because the property owners are not US citizens the law suit was filed in Federal Court. The Bank is seeking payment of the promissory note secured by the mortgage. In addition, the St. Luce County Tax Collector records show that the property taxes for 2010 and 2011 have not been paid on the subject property. At the time the applicant submits for final site plan approval staff will again research this information in consideration of the sustainability of the project. RECOMMENDATION: Board approval of Resolution No. 12-021 providing for a 12-month extension for the Village of Sunset Lakes PTV Site Plan, as outlined in this agenda memorandum. Board of County Commissioners Hearing Date July 3, 2012 Applicant Sunset Lakes of St. Lucie, LLC 1250 East Hallandale Beach Blvd. Suite 504 Hallandale Beach, FL 33009 954.727.3019 File Number BCC 520124443 Future Land Use TVC (Towns Villages and Country- side Existing Zoninq PTV (Planned Town or Village Staff Recommendation Board approval of Resolution No. 12-021, providing for a 12-month extension for the Village of Sun- set Lakes PTV Site Plan. Project Manager Linda Pendarvis 772.462.1562 Pendarvisl@stiucieco.org Project Name: AGENDA ITEM No. VII-B Village of Sunset Lakes Development Order Extension BCC-520124443 NAG- �7T Village of Sunset Lakes POINC NA CT mp AG-1 s — AG-1 A/ . 5� PU � r FgST , CN - _ A 1 �P RS-2 AG-1 I wph P; al. .. AG-1 AG-1 U RM RMH-5:.... N ® Subject property ae��uPUO- Pated UO DP-1 RMH-5 Reelden al Modk Mome �4 ', _ _ CN-Commercial Neg�Lomox R52-fteeidenllel5ingb Femi7l2 tlWec) y;, ::�.y.,�;n)�: 500 ft. notification area P N1.'P.'a dhley25.2o12 Project Location: 134.6 acres west of Johnson Road, east of 1-95, north of Angle Road and SFWMD Canal No. 25, and south of Meadowood residential development. Proiect Description Consider the request of Sunset Lakes of St. Lucie, LLC for a 12- month extension to the Development Order for Preliminary Planned Village (PTV) Site Plan. The extension will provide additional time for the devel- oper to comply with the 23 conditions of approval prior to Final Site Plan approval. If granted the expiration date for the Development Order of Village of Sunset Lakes will be ex- tended until June 15, 2013. Background Village of Sunset Lakes is a mixed - use subdivision consisting of 700 dwelling units and 2,000 square feet of retail development. . Previous Action June 15, 2010 the Board of County Commissioners granted approval to the Preliminary (PTV) Site Plan and Rezoning for the project known as Village of Sunset Lakes. Notice Requirements • A notice of public hearing was sent to adjacent property own- ers within 500 feet. • A sign is posted on the property with a date and time of the scheduled public hearing. • An ad was published in the St. Lucie News Tribune at least 10 days prior to the public hearing. Further details are found in the at- tached memorandum. 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 RESOLUTION NO. 12-021 FILE NO.: PTV 820094001 A RESOLUTION PROVIDING FOR A 12-MONTH EXTENSION OF A PRELIMINAY PLANNED TOWN OR VILLAGE FOR THE PROJECT KNOWN AS VILLAGE OF SUNSET LAKES. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On June 15, 2010, through Resolution No. Village of Sunset Lakes PTV Site Plan a n project consists of 700 dwelling units and 2, property is located on the west side of Johru, and SFWMD Canal No. 25, and south of f 10-02oard granted approval for the lixe, division of 134.6 acres. This OQ(3iareet of retail development. The Road, east i�#1,95, north of Angle Road owood residen%ia1 development. 2. The developer, Sunset Lakes of St Lucie, LLC, through Ramp► Tnas of Trias & 41, Associates, agent, have requested that the PTeIiminal tanned Tows or Village Site Plan granted through Resolution No 10-028,ed for 12-morlffi rom its date scheduled expiration, June 15,40"', 3. On July 3, 2012, the Board of Cot�y ......Cbftssioners VZK Lucie County, Florida, held a public hearing, of which due pubfiWnotic' ,publlsFled ,and mailed to all property owners within 50;0 fey# of the sublet ropert test 10 tiys prior to the hearing, on the 12- month,eXtension r>r—uest for t Prary Armed Town or Village Site Plan for the project kngwn as Village of Suns"s. NOW, THEREFORE, BE 1T.RES©LVED by the3tard of County Commissioners of St. Lucie r County, Fl A. f � suant to S66";q f;reliminary PIS hers granted/den7 t s c h e d'b` [JiW, expiration, 2013, s to the foll All previous Mfttions Resolution NoDO M 2 06(B)(3) of the St. Lucie County Land Development Code, To`wh`°;or Village approved through Resolution No. 10-028, is im ex# nsion for a period of 12 months from its date of I he 15,b 12, with the new expiration date being June 15, _,ng conditions: approval applicable to the subject property as contained in 'have been consolidated as contained herein. The property owner shall compf�rrfth all previous conditions of approval and deadlines previously established by Chapter 11 of the Land Development Code and the Board of County Commissioners unless expressly modified herein. 2. Condition A-1 of Resolution No. 10-028 remains: Within 90 days after receiving final site plan approval, the applicant shall convey the required road right-of-way for Johnston Road. Manner and form of conveyance shall be acceptable to the County Attorney. The sketch and legal description shall be prepared by a Florida licensed surveyor and mapper. Pursuant to Chapter 7.05.03 of the St. Lucie File No.: BCC 520124443 July 3, 2012 Resolution No. 12-021 Page 1 County Land Development Code, the applicant may be granted credits against road impact fees. 3. Condition A-2 of Resolution No. 10-028 remains: Prior to recording the Final Plat, the applicant shall either construct or bond all improvements required by the Final Site Plan. If the applicant chooses to bond the required improvements, an Improvement Agreement, pursuant to Section 11.04, Land Development Code, shall be required. The Final Plat shall not be recorded until the BOCC approves the Improvement Agreement. 4. Condition A-3 of Resolution No. 10-028 remains: Prior to the issuance of a right-of-way pe Improvement Agreement with St. Lucie Q public improvements. The amount of su;' probable cost. The amount of surety form of surety shall be approved 13 "Agreement" can be obtained by vislti website at: http://www.stlucieco.gov/public 6. Condition: A-5 of licant shall execute a Road of "and suit a surety for the proposed fall be 115�ro � the engineer's estimate of e approved by th`F Q,ounty Engineer and the County Attorney.py of the standard St. Lucie= County Pui� Works Department Irks/IiXlt m . 028 remains: yor shall verify that all required fA 'requirements of Chapter 177, nt Code. The applicant's surveyor j'rvev markers have been set and Prior to Final P�'V site,pn approval, a limited access easement will be placed on all lots that front Johnston, Road. Public Works staff reserves the right to make additional comments or condifi6bs at Final PTV to ensure the proper functioning and maintenance of the proposed roadway network. 8. Condition A-7 of Resolution No. 10-028 remains: Prior to Final PTV site plan approval, a pre -design Meeting with the FPUA Water, Wastewater and Gas Engineering Department will be required. File No.: BCC 520124443 Resolution No. 12-021 July 3, 2012 Page 2 9. Condition A-8 of Resolution No. 10-028 remains: Prior to Final PTV site plan approval, the applicant shall demonstrate that the proposed flow way will be consistent with the requirements of the TVC and meet all requirements of the South Florida Water Management District, St. Lucie County and other regulatory agency requirements. 10. Condition A-9 of Resolution No. 10-028 remains: Prior to Final Site Plan approval and the issuance off- _a Certificate of Capacity, the applicant shall comply with the concurrency management rules in effect at the time of Final Site Plan approval and shall enter Into pr'opoionate fair share agreements as warranted. Payment of the proportionate fair :sharer if any, shall be made prior to recording the Final Plat. The applicant will be`required Ao contribute their proportionate fair share for impacts to the Kings HlghW- end Angle RbEi ' intersection. The applicant shall receive road impact fee credit or Farr share mitigation in aC.cordance with applicable codes. 11. Condition A-10 of Resolution No. 10-028 rerna)ns: Prior to Final PTV site plan'pra�ral applicant shall revise the traffio et,u- ' a) only one ITE- land use for thtc� b) an asses,,,m,entof the impeo Highway and Orange Avenue c) a graph'lc :depiction Of, the prof the study area; and the isSU'nc 0 anclude the foIII Iculatlbiii f daily s Of '.0 tra I gation r�1e Xci` 'turning mo, of a Certificate of Capacity, the ving: M sand PM peak hour trips; on the intersection of Kings jures for these impacts; and ment trips at all intersections in 12 coo Resbil,tt#bn No: 10.0 remtns: <{or to Final Srte Flan approval and the issuance of a Certificate of Capacity, the ap f cant shall revise t,e traffl(s#udy to include a signal warrant analysis at the Johnston Road`ad Angle Road ttersecfiigri;incorporating traffic from approved development and build out raffic. { a) i�zation iSt�quired, then prior to recording the Final Plat the developer If sgn� shall donstruct the signalization improvements in accordance with FDOT aril;:ty standards. The applicant shall receive road impact fee credit .�. for the cost"'%t" design and construct the signalization improvements that are In excess of those necessitated by the development. b) If signalization is not warranted, the applicant shall provide a refundable fair share contribution towards the cost of signalization improvements designed in accordance with FDOT and County standards based on the project's traffic as a percentage of the maximum traffic capacity of the intersection. The fair share contribution shall be paid prior to recording the Final Record Plat and shall be refunded to the applicant if not used for signalization improvements at this intersection within 15 years of the payment. File No.: BCC 520124443 July 3, 2012 Resolution No. 12-021 Page 3 13. Condition A-12 of Resolution No. 10-028 remains: If a special assessment district or similar funding mechanism is established by the County for the reconstruction of Johnston Road between Angle Road and Indrio Road, all Village of Sunset Lakes property owners shall be subject to such funding mechanism and, pursuant to this condition, shall be deemed in favor of such funding mechanism. 14. Condition A-13 of Resolution No. 10-028 remains: Prior to Final PTV site plan approval, the applicant shall submit a plan that demonstrates how water for fire protection will be provided to the >project site. Adjustments to the preliminary site plan may be required to meet the requirements of the St. Lucie County Fire District. 15. Condition A-14 of Resolution No. 10-028 Prior to Final PTV site plan approval materials and fees for site plan revie\ 16, Condition A-15 of Resolution No. 10-028 Prior to Final PTV site plan a+h pe final Countryside Management #�fa 17. Condition A-16 of,.Resolution No *i'o Q28 Prior to issuance of a` Vegetation ,f"Perrrt;=Exemption, the applicant shall finalize an Imp'rflvement agreement aeo ble to Envil nmental Resources Department (ERD) covering`ti cost td "taurchase antnstall all required landscaping, irrigation, tree relocation,and ref a ed 1mprtivi&,nents shd r ; in the approved landscape plan. A copy of than,`,,, agreement_cantalned �,by visitf the St. Lucie County ERD website at: f�itp�l7www stl�Cit;co.orq�/ercUindex.hfm . 18 C60dition A-17 of Resouution No,:,10-028 remains: Prior to 1euance of a Vegetation 11 Removal Permit or Exemption, the applicant shall have obtained `and, providedie Environmental Resources Department with copies of any required federaland state permits, including but not limited to a US Fish and Wildlife Service (FWSTake Permit and associated FWS-approved Habitat Conservation Plant ff.Jbderal or state agency compliance requires modification to the development plans"tfie applicant will promptly modify the plans and submit to St. Lucie County for review and approval as required by the Land Development Code. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. 19. Condition A-18 of Resolution No. 10-028 amended: Within 90 days of Final site plan approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required executed SLC (or SFWMD) conservation easement and the Environmental Resources File No.: BCC 520124443 Resolution No. 12-021 July 3, 2012 Page 4 Department approved Countryside Management Plan with an attached affidavit, and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. A copy of the standard conservation easement document can be obtained by visiting the St. Lucie County Environmental Resources Department website at: http://www.stlucieco.org/Environmental Resources Department/index.htm. 20, Condition A-19 of Resolution No. 10-028 remains: Prior to Final PTV site plan approval, the applicant shall revise the site plan to remove the 10,000 square feet of office use and replace wl htue/work units. The uses on the final site plan shall be consistent with what is inclt�edf the development order for the ,f s y preliminary approval. 21. Condition A-20 of Resolution No. 10-028 The applicant shall work with each pr that is bordered by the project to de4wa. ` For each property line of a party that DOE design, then the applicant shall satisfy this, masonry wall five (5) feet from the prope property owners and include landscaping 7.09.04.E at the minimum. 22. Condition A-21 of Resolution No. owner on the wet side of Johnston Road landscape buffer table to each party. not mutlly agree #� landscape buffer �iitl'constructing�" sight (8) foot tall y �ween the project.dnd the subject onset with the requirements of Section Prior to issuance of any building permit, the applicant shall design and construct improvements to-Johnstoia Road south „of the intersection of Indrio Road that provide sufficient distancetraffic-for queuing of traffor turning movements onto Indrio Road in accordance with a design �pprt�ved by��fhe County Engineer and the applicant. The prg ap�ed�_Aln, vem6ntt shall be :.constructed within the existing right of way and the App scant shaff na# be regUtred to acq�re ilditional right of way in order to construct the pfoposed improve r,i tents T17s ;applicant shall receive road impact fee credit for the cost to resign and constr sf the�aoproved improvements. The applicant shall enter into an ImprQvEment Agreer7ieit approved by the Board of County Commissioners prior to Final Site Plan approval. 23. Condition A1122jot Resolution No. 10-028 remains: The Final PTV site pian shall follow, to the extent feasible, the LEED for Neighborhood Development Rating System as approved by the U.S. Green Building Council. 24. Condition A-23 of Resolution No. 10-028 remains: Prior to Final PTV approval, the applicant shall demonstrate that the stormwater storage capacity within the proposed development exceeds the minimum requirements of both FPFWCD and SFWMD. Further, the level of storm water protection afforded the residents of the Village of Sunset Lakes through the extra capacity provided shall be quantified prior to the issuance of the County's Storm Water Permit. Resolution No. 12-021 File No.: BCC 520124443 Page 5 July 3, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 B. The property on which this preliminary planned town or village site plan 12-month extension approval is being granted/denied is described as follows: ALL THAT PART OF THE FOLLOWING DESCRIBED LANDS LYING EAST OF FLORIDA INTERSTATE 95 RIGHT OF WAY: THE SOUTHWEST QUARTER (SW '/4) AND THE NORTHWEST QUARTER (NW '/4) OF THE SOUTHEAST QUARTER (SE '/4) AND THE SOUTH HALF (S 1/2) OF THE SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE'/4) ALL IN SECTION 34, TOWNSHIP 34 SOUTH, RANGE 39 EAST, SAID LANDS SITUATE, LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA- SUBJECT TO EASEMENTS AND RIGHT pf SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND FORT PIERG_EAR1 DRAINAGE DISTRICT FOR THE MAINTENANCE AND SUPPORT OF 'A' CANAL SYSTEM OVER AND ACROSS THE NORTH 80 FEET (DESIGNATED AANAL NO 2) AND APPROXIMATELY THE SOUTH 200 FEET (DESIGNATED CANAL NO C->6)AND SUBJECT TO GAS EASEMENTS TO HOUSTON GA$_:l�ND OIL COMPANY �, .; EXCEPTING THERE FROM THE EAST ;. 40 FEET THEREOF ; AND ALSO EXCEPTING THERE FROW!,".1�,., A TRACT OR PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE t UNTO'," .ORIDA; �, EING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT ;OF REFERENCE C 1. ENC`E AT THE SOUTHEAST CORNER OF SECTION 34, THENCE RUN, WEST AL G THE SOUTH LINE OF SAID SECTION A DISTANCE OF`' 25.70 FEET TO A P NT BEING THE SOUTHEAST CORNER OF THEES0IJTHWESTQUARTER {S.1N'/4) 6#THE SOUTHEAST QUARTER (SE'/4) OF SA S�TI' N THENCE ORTHIXIDISTAt CE OF 2,364.55 FEET TO A POINT ON SAID Ei`T (�UA{TEA (SE 'I) iWIN OF SAID SECTION; THENCE WEST AT ANGLE OE` EGRESS 58 MINUTES 20 SECONDS TO THE LEFT FROM SkI,EAST QUART�A (E '�) LINE A DISTANCE OF 663.01 FEET TO A POINT OF AN PLAS HUB ,STAMPED F7-C-11- DRIVEN FLUSH WITH THE GROJNI; SAND TACKbk,SAID POINT BEING THE POINT OF BEGINNING. FROM SAID P01T QF BEGINJG; THENCE RUN NORTH 89 DEGREES 06 MINUTES 26 SECONDS *,ST, A 1S ANCE OF 208.69 FEET TO A POINT OF AN ORANGE PLASTIC HUk `STAMP F7-C-1 M DRIVEN FLUSH WITH THE GROUND AND TACKED, THEN" �%ORTH 01 DEGREE 46 MINUTES 42 SECONDS EAST, A DISTANCE OF 2('`72 FEET TO A POINT OF AN ORANGE PLASTIC HUB STAMPED F7-C-1N DRIVEN FLUSH WITH THE GROUND AND TACKED, SAID POINT ALSO BEING THE INTERSECT WITH THE SOUTH RIGHT-OF-WAY LINE OF CANAL NO. 20; THENCE SOUTH 89 DEGREES 05 MINUTES 50 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 206.89 FEET TO A CONCRETE MONUMENT MARKED R/W L 205.2-FCD; THENCE SOUTH 01 DEGREE 16 MINUTES 59 SECONDS WEST A DISTANCE OF 208.64 FEET TO THE POINT OF BEGINNING. SAID PARCEL DESIGNATED AS TRACT 102 OF EASTERN TEST RANGE RECONFIGURATION. File No.: BCC 520124443 July 3, 2012 Resolution No. 12-02 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 AND SUBJECT TO AN EASEMENT OVER AND ACROSS THAT PARCEL OF LAND DESCRIBED HEREIN, MORE PARTICULARLY DESCRIBED AS: A TRACT OR PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34; THENCE RUN WEST ALONG THE SOUTH LINE OF SAID SECTION A DISTANCE OF 1325.70 FEET TO A POINT BEING THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW'/4) OF THE SOUT1-EAST QUARTER (SE �/4) OF SAID SECTION; THENCE NORTH A DISTANCE OF 2.364.55 FEET TO A POINT ON THE SAID EAST QUARTER (E'/4) LINE OF SAKI_ ACTION; THENCE WEST AT AN ANGLE OF 89 DEGREES 58 MINUTES 20 SI?\QONa TO THE LEFT FROM SAID EAST QUARTER (E 1/4) LINE A DISTANCE OF 663.01 FEET TO A POINT OF AN ORANGE PLASTIC HUB STAMPED F7,O1 DRIVEN FLUSH WITH THE GROUND AND TACKED; THENCE NORTH 01 pf"'REE 16 MINUTES 59 SECONDS EAST A DISTANCE OF 208.64 FEET TO A CQNCRETE MONUMENT MARKED R/W L205.2- FCD, -WHICH ON THE SOUTH RP�T,-OF WAY.; OF CAN ,NO. 20, SAID MONUMENT BEING THE POINT OF �BEGINNI�lG`. FROM `�,HE POINT OF BEGINNING RUN THENCE' WTH 89 DEGRV�SV5 MINUTES 50 SECONDS EAST ALONG THE SOUTH RIG# WAY OF SAI[ CANAL NO. 20 A DISTANCE OF 620 FEET, MORE OR LESS, 1`iQ A OOINT ON THE "WESTERN RIGHT-OF-WAY OF JOHNSTON ROAD; THENCE I QUTHERLY ALONG,THE WESTERN RIGHT-OF- WAY OF SAID JOHNSTON ROAD, A DITINCE OF �,"50.0 FEET TO A POINT; THENCE NORTH„89 `CJEGREES 45 MINU,I*5---s£ SECONDS WEST A DISTANCE OF 620 FEET, t1A`ORE OR LESS, T01S PQIfiUT ON A Iw NE WHICH BEARS SOUTH 01 DEGREE 16 MIhJUTES 59,.SECONDS I=ST FROPJI"THE POINT OF BEGINNING; THENCE NORTN`01 DEGREE 16 MIN1J ,,ES 59 SECONDS EAST A DISTANCE OF 50.0 FEET.,,MORiUR Ll*S,S, TO THE POINT OF BEGINNING. SAID EASEMENT IS DI=SLGN4TED _ AS <.:':TRACT 1:02E, OF` THE EASTERN TEST RANGE NFIGURATION. Parcel ID# 1334-300-0000-00010, C. The approvals and auf , rizatlons' granted by this Resolution shall expire on June 15, 2013, unless a Final Pl' i:Pned Town or Village site plan approval is obtained for the uses described in Part A°above, or an extension has been granted in accordance with Section 11 02.0(B), St )rucie County Land Development Code. D. A copy of this Resolution shall be placed on file with the St. Lucie County Planning and Development Services Director. E. A copy of this Resolution shall be mailed, return receipt requested, to the developer and agent of record as identified on the extension request. F. This Resolution shall be recorded in the Public Records of St. Lucie County. File No.: BCC 520124443 Resolution No. 12-021 July 3, 2012 Page 7 1 2 3 4 22 23 24 25 26 27 28 29 30 31 After motion and second, the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Paula A. Lewis, Vice Chair XXX Commissioner Chris Craft Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED this 3`d day of July, 201 File No. BCC 520124443 July 3, 2012 :• M. XXX MISSIONERS ', FLORIDA Resolution No. 12-02 Page Exhibit A Map File No.: BCC 520124443 Resolution No. 12-021 Page 9 July 3, 2012 (14 Ld 11 , ■.�■ ', ..�■ CL ■ ■ �� ■�■ • • NNW , .... NNW ■■■ I : m��� ,, ° ■ ■.■ , .. ■ - 4-1 • - 14. J' r�; r���q. UM C A" I ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stlucieco.org/planning/planning.htm DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Planning Division to schedule an appointment. Submittal Tvve rcheck each that applies Site Plan Rezoning' ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 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 ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home s ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants X Extension to Development Order ❑ Historical Designation/Change s ❑ 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 Official10 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 I SITE DEVELOPMENT PLANS —Planning Division L Application Type: Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) )C BASE REVIEW FEE: $ O�,00(A) CONCURRENCY FEE: $ (B) - ERD REVIEW FEE: $ (C) UTILITIES PER ACREAGE CHARGE: RESUBMITTAL FEE: (if applicable) OTHER SUBTOTAL OF BASIC FEES: PRE -APPLICATION MEETING FEE: (F) Receipt No. of Payment Date of Pre App $ $ (D) (E) $ $( ) deduction BALANCE OF FEES DUE: $ 1 i 50 O . O o 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 (H) (1f Applicable) • Additional fees will be due if a 3rd party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3`° party. E Please note: For all projects requiring public notice. you will be invoiced by St. Lucie County Planning Division. Refer to "Public Pr_cedeses". • 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-P pplicai.ion IV*ieoung Request t.(S_ cl'�; it %iCJ klrl!�ti'-U,pm \;J� Applicant Name (Printed) Si968ture pplicant (For office use only) INTAKE REVIEWER - SIGNATURE DATE VERIFIED BY - SIGNATURE DATE File Number: Receipt Number: Page 2 of 6 Revised August 11, 2011 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: Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) )� Aerial Photograph — property outlined (available from Property Appraiser's office �9 Property Deed ® Legal description, in MS Word format, of subject property 5� Property Tax Map — property outlined (electronic copy not required) �I Survey I 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or 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: ❑ Site Plan 24"x36" at a scale of 1"=50' (12 copies- folded, not rolled) ❑ Boundary Survey — Signed and Sealed (12 originals) ❑ Topographic Survey — Signed and Sealed (12 originals) ❑ Landscape Plan — Signed and Sealed (12 originals) ❑ 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: ,r Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) iA 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 August 11, 2011 Project Information Project Name: V I t_.J-A(_,1= of SUNSET L Ak--ES Site address: T 13 P Parcel ID Number(s): 3 3A _ 06 - 0 O 0 - 000 - p Legal Description: (Attach additional sheets if necessary - also must be provided in MS Word format on CD) /.,,,TTALtt U7D� Property location - Section/Township/Range: ! t6j io N 34 1-oLJN6- he 3 A SoJTJl+ I\hNC�L 39 ENST Property size - acres: 13 -4 • 6 Square footage: — I Future Land Use Designation: Ty G Zoning District: F TV Description of project: (Attach additional sheets if necessary) /4, VILLPC,E / AS V3J "TVc a FLE&ULATIoNS Type of construction (check all applicable boxes): M Commercial Total Square Footage: Existing ❑ Industrial Total Square Footage: Existing f� Residential No. of residential units: Existing No. of subdivided lots: Existing ❑ Other Please specify: Number and size of out parcels (if applicable) Page 4 of 6 Revised August 11, 2011 O 0 0 O Proposed: .2 0 00 Proposed: Proposed: -70 C Proposed: SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) .;` ' `` �'•�'''ICiI Submission of this application does not constitute the granting of approval. All appropriate requirements:fllust i be met prior to this project being presented for approval to the appropriate authority. St. Lucie Couht: Tg P h the right to request additional information to ensure a complete review of this project. - - ACKNOWLEDGMENTS Applicant Information (Property Developer): Business Name: f;i fl •JL��k t-1\(11 i�C, Name: �ir1U.=�lll(vs \ Pry i6' 1UfiZ Address: iy�V� '� fV� �l\ 1� ` ft� �\ K %- (Please use an address that can accept overnight packages) Phone: ( Via— ) Fax: Email: W.U'3i XD )irw' Er'Ul SCiSU . C ) Agent Information: Business Name: T Name: & PPK0 N S Address: 02ANiflt NVE FofZT V IE`fi.CE f L 349 s'v (Please use an address that can accept overnight packages) Phone: H 72) 91 1 - 5o 4 8 Fax: Email: i<AV-v N G) PAPA f'lp N I S Please note: both applicant and agent will receive all official correspondence on this project. 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 shall 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. 1 /?''=:l •-, n ;1 -n ;�;( S�j'iJ5' i Lr-)Uo� U SI - ! \,fV'; l._IS, Rin- h�r' L`t����l� I `�j)" PrcPerly Owner Nam= (Pnnted) �•� Propery Or�ne: Sanature lvlailing Address: ZMQ; \ V� Phone: C &r5) -+f more than one,owhe(;-pieaPq-s rrri -additional pages !:" STATE OF COUNTY OF -,-,';•i'},GO 0{ The foregoing instrument was acknowledged before me this - r a is -. _ by who is s per known to me or who has produced Pf,SSP�')12 as identification Signature o! Notary Commission Number (Seal) Page 5 of 6 Revised August 11. 2011 C-UX J,P•CFI!�J I Tyce or Pnn: Name of Notary Village of Sunset Lakes, Legal Description All that part of the following described lands lying East of Florida Interstate 95 right of way: The Southwest Quarter (SW '/4) and the Northwest Quarter (NW '/4) of the Southeast Quarter (SE'/4) and the South Half (S 'h) of the Southwest Quarter (SW '/4) of the Southeast Quarter (SE '/4) all in section 34, Township 34 South, Range 39 East, said lands situate, lying and being in St. Lucie County, Florida. Subject to easements and rights of South Florida Water Management District and Fort Pierce Farms Drainage District for the maintenance and support of a canal system over and across the north 80 feet (designated as Canal No. 20) and approximately the South 200 feet (designated as Canal No. C-25), and subject to gas easements to Houston Gas and Oil Company. Excepting there from the East 40 feet thereof and also excepting there from: A tract or parcel of land lying in Section 34, Township 34 South, Range 39 East, St. Lucie County, Florida, being more particularly described as follows: For a point of reference commence at the Southeast comer of Section 34; thence run West along the South line of said section a distance of 1325.70 feet to a point being the Southeast corner of the Southwest Quarter (SW '/4) of the Southeast Quarter (SE '/4) of said section; thence North a distance of 2,364.55 feet to a point on the said East Quarter (SE'/4) line of said section; thence West at an angle of 89 degrees 58 minutes 20 seconds to the left from said East Quarter (E '/4) line a distance of 663.01 feet to a point of an orange plastic hub stamped F7-C-lL driven flush with the ground and tacked, said point being the Point of Beginning. From said point of beginning; thence run North 89 degrees 06 minutes 26 seconds West, a distance of 208.69 feet to a point of an orange plastic hub stamped F7-C-1M driven flush with the ground and tacked, thence North 01 degree 46 minutes 42 seconds East, a distance of 208.72 feet to a point of an orange plastic hub stamped F7-C-IN driven flush with the ground and tacked, said point also being the intersect with the South right-of-way line of Canal No. 20; thence South 89 degrees 05 minutes 50 seconds East along said South right-of-way line a distance of 206.89 feet to a concrete monument marked R/W L 205.2- FCD; thence South 01 degree 16 minutes 59 seconds West a distance of 208.64 feet to the point of beginning. Said parcel designated as Tract 102 of Eastem Test Range Reconfiguration. And Subject to an easement over and across that parcel of land described herein, more particularly described as: A tract or parcel of land lying in Section 34, Township 34 South, Range 39 East, St. Lucie County, Florida, being more particularly described as follows: For a point of reference commence at the Southeast corner of Section 34; thence run West along the South line of said section a distance of 1325.70 feet to a point being the Southeast comer of the Southwest Quarter (SW '/4) of the Southeast Quarter (SE '/4) of said section; thence North a distance of 2,364.55 feet to a point on the said East Quarter (E'/4) line of said section; thence West at an angle of 89 degrees 58 minutes 20 seconds to the left from said East Quarter (E '/4) line a distance of 663.01 feet to a point of an orange plastic hub stamped F7-C-1L driven flush with the ground and tacked; thence North 01 degree 16 minutes 59 seconds East a distance of 208.64 feet to a concrete monument marked R/W L205.2-FCD, which on the South right-of-way of Canal No. 20, said monument being the Point of Beginning. From the point of beginning run thence South 89 degrees 05 minutes 50 seconds East along the South right-of-way of said Canal No. 20 a distance of 620 feet, more or less, to a point on the Western right-of-way of Johnston Road; thence Southerly along the Western right-of-way of said Johnston Road, a distance of 50.0 feet to a point; thence North 89 degrees 05 minutes 50 seconds West a distance of 620 feet, more or less, to a point on a line which bears South 01 degree 16 minutes 59 seconds West from the Point of Beginning; thence North 01 degree 16 minutes 59 seconds East a distance of 50.0 feet, more or less, to the Point of Beginning. Said easement is designated as Tract 102E of the Eastern Test Range Reconfiguration. TRIAS ASSOCIATES TOWN PLANNING ARCHITECTURE PRESERVATION RAMON TRIAS, AIA AICP LEED AP RAMO N @RAMONTRIAS. COM REGISTRATION NUMBERS AA26001 663, AR94425 May 16, 2012 Kara Wood Planning Manager St. Lucie County Administration Building 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Letter of Justification 772 97 1 -5048 31 5 ORANGE AVENUE FORT PIERCE, FLORIDA USA 34950 Resolution no. 10-028, Village of Sunset Lakes, request extension of time Dear Kara: Pursuant to Section 11.02.06 (B) of the St. Lucie County Land Development Code, I am requesting on behalf of the applicant (Sunset Lakes of St. Lucie County, LLC) an extension of time for resolution no. 10-028, file no. PTV 820094001, set to expire on June 15, 2012. Said resolution states the following: A resolution granting an amendment to the official zoning atlas and preliminary town or village site plan approval for a 134.6 acre (more or less) parcel of land located on the northwest corner of Johnston Road and SFWMD canal 25, which would permit 396 single family dwelling units, 304 multi family dwelling units and 2000 square feet of retail for the project known as Village of Sunset Lakes, making findings of fact and determining conclusions of law. A copy of Resolution 10-028 is attached. The request is for an extension of the expiration date of the approvals and authorizations granted by the resolution for the maximum time allowed by applicable regulations. As required by the St. Lucie County Land Development Code, I provide the following "complete explanation of the reasons that the site plan extension is necessary." The Village of Sunset Lakes was processed and approved under the "Towns, Villages and Countryside" (TVC) regulations, adopted by St. Lucie County in 2009. The TVC land use designation and related land development regulations apply to a specific area of North St. Lucie County where development pressures, agriculture, drainage and open space conditions required, in the estimation of the St. Lucie County Commission, unique and innovative processes of proWotivec BY review and approval, which would balance competing development issues in the format of w,anning DIVIsIC" detailed and prescriptive site plan and related documents. ^ The St. Lucie County Commission made the deliberate choice of requiring a degree of detail in t WWW.RAMONTRIAS.cOM the site plan and related documents that far exceeded prior site plan regulations. One of the goals of the TVC regulations' high standards was to raise the quality of development in North St. Lucie County. The TVC approval process includes two steps: preliminary and final approval. The St. Lucie County Commission granted preliminary approval with 23 conditions through resolution 10-028 to the Village of Sunset Lakes. The Commission, staff and the applicant agreed that the 23 conditions were needed to implement the intent of the TVC land use designation and to comply with all the technical requirements of the land development code. One of the reasons that the preliminary approval process is very detailed is that final approval is granted by staff when all conditions are satisfied. Thus, preliminary approval is the last time when a project is reviewed during a public hearing by the St. Lucie County Commission. For over a year, in 2009 and 2010, staff and the applicant worked diligently though the strict and untested requirements of the TVC regulations. A preliminary site plan was prepared and approved with conditions. The preliminary site plan is consistent with the goals, objectives and policies of the Land Use Element of the St. Lucie County Comprehensive Plan and complies with the technical requirements of the St. Lucie County Land Development Code. In addition, the applicant took all reasonable steps to minimize adverse effects on the immediate vicinity through building design, site design, landscaping and screening. The 23 conditions of approval provide clear requirements that will enhance the design of the project and minimize the effect in its vicinity. However, the original two-year approval has not provided enough time to adequately comply with the 23 conditions. Part of the reason is that the TVC requirements were tested for the first time in the Village of Sunset Lakes and the scope of the conditions require a more extensive work effort than originally anticipated by the applicant. An extension of time of the preliminary approval is necessary to properlysthe unique and untested specificity of the requirements of the TVC regulations as expressed though the 23 conditions of approval. The applicant has agreed to provide all the requested information and intends to perform all required coordination with neighbors and agencies, and respectfully requests more time to prepare a final site plan and related materials, at an appropriate standard of care, for staff review and consideration. Please schedule a public hearing, and do not hesitate to contact me should you need additional information. Thank you for your assistance to date. Sincerely, I Ramon Trias, AIA AICP LE AP CNU-A Principal Enclosures: $1,500 application fee Development application form Resolution no. 10-028 cc: Valentina Abumohor, Sunset Lakes of St. Lucie, LLC 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 & Ea AU 22 6 2010 ✓►�� RESOLUTION NO. 10-028 By FILE NO.: PTV 820094001 A RESOLUTION GRANTING AN AMENDMENT TO THE OFFICIAL ZONING ATLAS AND PRELIMINARY PLANNED TOWN OR VILLAGE SITE PLAN APPROVAL FOR A 134.6 ACRE (MORE OR LESS) PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF JOHNSTON ROAD AND SFWMD CANAL NO. 25, WHICH WOULD PERMIT 396 SINGLE FAMILY DWELLING UNITS, 304 MULTI -FAMILY DWELLING UNITS AND 2000 SQUARE FEET OF RETAIL FOR THE PROJECT KNOWN AS VILLAGE OF SUNSET LAKES, MAKING FINDINGS OF FACT AND DETERMINING CONCLUSIONS OF LAW. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Ricardo Munoz-Tebar of Sunset Lakes of St. Lucie, LLC, through Ramon Trias of Trias & Associates, agent, presented a petition for a Change in Zoning from the AG-1 (Agricultural — 1, 1 du/acre) Zoning District to the PTV (Planned Town or Village) Zoning District and Preliminary Planned Town or Village Site Plan approval for the project to be known as Village of Sunset Lakes, a mixed -use subdivision of 134.6 acres consisting of 700 dwelling units and 2,000 square feet of retail development. The property is located on the northwest corner of Johnston Road and SFWMD Canal No. 25. 2. On November 19, 2009, a public hearing by the St. Lucie County Planning and Zoning Commission was held, of which due public notice was published and mailed to all property owners within 500 feet of the subject property at least 10 days prior to the hearing. The hearing was continued to February 18, 2010. 3. On February 18, 2010, the St. Lucie County Planning. and Zoning Commission resumed the public hearing on the Preliminary Planned Town or Village for Village of Sunset Lakes and recommended to the Board of County Commissioners that the preliminary site plan and change in zoning be approved. 4. On May 18, 2010, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet of the subject property at least 10 days prior to the hearing, on the Preliminary Planned Town or Village Site Plan and change in zoning for the project known as Village of Sunset Lakes. After hearing and considering testimony on the proposed development order, the Board continued the public hearing to June 15, 2010. 5. On June 15, 2010, the Board of County Commissioners of St. Lucie County, Florida, resumed the public hearing on the Preliminary Planned Town or Village Site Plan and change in zoning for the project known as Village of Sunset Lakes, and heard and considered additional testimony on the proposed development order. t iceived l5v i thing Divisloil JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3506760 08/23/201 Oat 04:17 PM OR BOOK 3223 PAGE 1030 - 1038 Doc Type: RESO RECORDING: $78.00 yL i ucle'C'Ou its' File No.: PTV 820094001 8/10/2010 Resolution 10-028 Final.doc; Page 2 3 43 44 45 46 47 48 49 50 51 FINDINGS OF FACT Based on the evidence presented and also based upon the inclusion of the conditions of approval as set forth below in this resolution, the Board of County Commissioners finds as follows: A. The proposed project is consistent with the goals, objectives and policies of the Future Land Use Element of the St. Lucie County Comprehensive Plan, and meets the technical requirements of the St. Lucie County Land Development Code. B. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, and other matters affecting the public health, safety, and general welfare. C. All reasonable steps have been taken to minimize any adverse effect on the proposed project on the immediate vicinity through building design, site design, landscaping and screening. D. The proposed project is constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, having made the findings of fact set forth above, makes the following conclusions of law: Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Preliminary Planned Town or Village known as Village of Sunset Lakes, as depicted on the site plan drawings for the project prepared by Trias & Associates, last revised on May 26, 2010 and date stamped received by St. Lucie County Planning and Development Services on June 22, 2010, is hereby approved subject to the following conditions: 1) Within 90 days after receiving final site plan approval, the applicant shall convey the required road right-of-way for Johnston Road. Manner and form of conveyance shall be acceptable to the County Attorney. The sketch and legal description shall be prepared by a Florida licensed surveyor and mapper. Pursuant to Chapter 7.05.03 of the St. Lucie County Land Development Code, the applicant may be granted credits against road impact fees. 2) Prior to recording the Final Plat, the applicant shall either construct or bond all improvements required by the Final Site Plan. If the applicant chooses to bond the required improvements, an Improvement Agreement, pursuant to Section 11.04, Land Development Code, shall be required. The Final Plat shall not be recorded until the BOCC approves the Improvement Agreement. 3) Prior to the issuance of a right-of-way permit, the applicant shall execute a Road Improvement Agreement with St. Lucie County and submit a surety for the proposed public improvements. The amount of surety shall be 115% of the engineer's estimate He No.: PTV 820094001 /10/2010 Resolution 10-028 Final.docx Page 2 1 2 3 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 of probable cost. The amount of surety shall be approved by the County Engineer and the form of surety shall be approved by the County Attorney. A copy of the standard "Agreement' can be obtained by visiting the St. Lucie County Public Works Department website at: http://www.stlucieco.gov/public—works/index.htm. 4) Prior to the recording of the final plat, the County Surveyor shall verify that all required survey markers have been placed in accordance with the requirements of Chapter 177, FS, Part I and the St. Lucie County Land Development Code. The applicant's surveyor shall notify the County Surveyor when all required survey markers have been set and flagged. 5) Prior to Final PTV site plan approval, the applicant shall amend the eastern project boundary to avoid encroaching into the ultimate right-of-way line of Johnston Road. Right and left turn lanes will be required at each project entrance subject to possible design constraints. 6) Prior to Final PTV site plan approval, a limited access easement will be placed on all lots that front Johnston Road. Public Works staff reserves the right to make additional comments or conditions at Final PTV to ensure the proper functioning and maintenance of the proposed roadway network. 7) Prior to Final PTV site plan approval, a pre -design Meeting with the FPUA Water, Wastewater and Gas Engineering Department will be required. 8) Prior to Final PTV site plan approval, the applicant shall demonstrate that the proposed flow way will be consistent with the requirements of the TVC and meet ail requirements of the South Florida Water Management District, St. Lucie County and other regulatory agency requirements. 9) Prior to Final Site Plan approval and the issuance of a Certificate of Capacity, the applicant shall comply with the concurrency management rules in effect at the time of Final Site Plan approval and shall enter into proportionate fair share agreements as warranted. Payment of the proportionate fair share, if any, shall be made prior to recording the Final Plat. The applicant will be required to contribute their proportionate fair share for impacts to the Kings Highway and Angle Road intersection. The applicant shall receive road impact fee credit or fair share mitigation in accordance with applicable codes. 10) Prior to Final PTV site plan approval and the issuance of a Certificate of Capacity, the applicant shall revise the traffic study to include the following: a) only one ITE land use for the calculation of daily AM and PM peak hour trips; b) an assessment of the impacts of project traffic on the intersection of Kings Highway and Orange Avenue and mitigation measures for these impacts; and c) a graphic depiction of the project's turning movement trips at all intersections in the study area. 11) Prior to Final Site Plan approval and the issuance of a Certificate of Capacity, the applicant shall revise the traffic study to include a signal warrant analysis at the Johnston Road and Angle Road intersection incorporating traffic from approved development and build -out traffic. File No.: PTV 820094001 8/10/2010 Resolution 10.028 Final.docx Page 3 1 2 3 4 5 6 a) If signalization is required, then prior to recording the Final Plat the developer shall design and construct the signalization improvements in accordance with FDOT and County standards. The applicant shall receive road impact fee credit for the cost to design and construct the signalization improvements that are in excess of those necessitated by the development. b) If signalization is not warranted, the applicant shall provide a refundable fair share contribution towards the cost of signalization improvements designed in accordance with FDOT and County standards based on the project's traffic as a percentage of the maximum traffic capacity of the intersection. The fair share contribution shall be paid prior to recording the Final Record Plat and shall be refunded to the applicant if not used for signalization improvements at this intersection within 15 years of the payment. 12) If a special assessment district or similar funding mechanism is established by the County for the reconstruction- of Johnston Road between Angle Road and Indrio Road, all Village of Sunset Lakes property owners shall be subject to such funding mechanism and, pursuant to this condition, shall be deemed in favor of such funding mechanism. 13) Prior to Final PTV site plan approval, the applicant shall submit a plan that demonstrates how water for fire protection will be provided to the project site. Adjustments to the preliminary site plan may be required to meet the requirements of the St. Lucie County Fire District, 14) Prior to Final PTV site plan approval, the applicant shall submit the required application materials and fees for site plan review to the St. Lucie County Fire District. 15) Prior to Final PTV site plan approval, per Land Development Code 3.01.03EE.2.o.7, the final Countryside Management Plan/Preserve Area Management Plan shall be provided. 16) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an improvement agreement acceptable to Environmental Resources Department (ERD) covering the cost to purchase and install all required landscaping, irrigation, tree relocation, and related improvements shown in the approved landscape plan. A copy of this agreement can be obtained by visiting the St. Lucie County ERD website at: http://www.stlucieco.org/erd/index.htm. 17) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided the Environmental Resources Department with copies of any required federal and state permits, including but not limited to a US Fish and Wildlife Service (FWS) Incidental Take Permit and associated FWS-approved Habitat Conservation Plan. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval as required by the Land Development Code. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. 18) Within 90 days of site plan approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required File No.: PTV 820094001 8/10/2010 Resolution 10-028 Final.docx Page 4 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 executed SLC (or SFWMD) conservation easement and the Environmental Resources Department approved Countryside Management Plan with an attached affidavit, and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. A copy of the standard conservation easement document can be obtained by visiting the St. Lucie County Environmental Resources Department website at: http:Hwww.stiucieco.org/Environmental Resources Department/index.htm. 19) Prior to Final PTV site plan approval, the applicant shall revise the site plan to remove the 10,000 square feet of office use and replace with live/work units. The uses on the final site plan shall be consistent with what is included in the development order for the preliminary approval. 20) The applicant shall work with each property owner on the west side of Johnston Road that is bordered by the project to design a landscape buffer acceptable to each party. For each property line of a parry that does not mutually agree to a landscape buffer design, then the applicant shall satisfy this condition by constructing an eight (8) foot tall masonry wall five (5) feet from the property line between the project and the subject property owners and include landscaping consistent with the requirements of Section 7.09.04.E at the minimum. 21) Prior to issuance of any building permit, the applicant shall design and construct improvements to Johnston Road south of the intersection of Indrio Road that provide sufficient distance for queuing of traffic for turning movements onto Indrio Road in accordance with a design approved .by the County Engineer and the applicant. The proposed improvements shall be constructed within the existing right of way and the applicant shall not be required to acquire additional right of way in order to construct the proposed improvements. The applicant shall receive road impact fee credit for the cost to design and construct the approved improvements. The applicant shall enter into an Improvement Agreement approved by the Board of County Commissioners prior to Final Site Plan approval. 22) The Final PTV site plan shall follow, to the extent feasible, the LEED for Neighborhood Development Rating System as approved by the U.S. Green Building Council. 23) Prior to Final PTV approval, the applicant shall demonstrate that the stormwater storage capacity within the proposed development exceeds the minimum requirements of both FPFWCD and SFWMD. Further, the level of storm water protection afforded the residents of the Village of Sunset Lakes through the extra capacity provided shall be quantified prior to the issuance of the County's Storm Water Permit. B. The property on which this change in zoning and site plan approval is being granted is described as follows: ALL THAT PART OF THE FOLLOWING DESCRIBED LANDS LYING EAST OF FLORIDA INTERSTATE 95 RIGHT OF WAY: THE SOUTHWEST QUARTER (SW 1/4) AND THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) AND THE SOUTH HALF (S 1/2) OF THE File No.: PTV 820094001 8/10/2010 Resolution 10-028 Final.docx Page 5 47 48 49 50 51 SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) ALL IN SECTION 34, TOWNSHIP 34 SOUTH, RANGE 39 EAST, SAID LANDS SITUATE, LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. SUBJECT TO EASEMENTS AND RIGHTS OF SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND FORT PIERCE FARMS DRAINAGE DISTRICT FOR THE MAINTENANCE AND SUPPORT OF A CANAL SYSTEM OVER AND ACROSS THE NORTH 80 FEET (DESIGNATED AS CANAL NO. 20) AND APPROXIMATELY THE SOUTH 200 FEET (DESIGNATED AS CANAL NO. C-25), AND SUBJECT TO GAS EASEMENTS TO HOUSTON GAS AND OIL COMPANY. EXCEPTING THERE FROM THE EAST 40 FEET THEREOF AND ALSO EXCEPTING THERE FROM: A TRACT OR PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34; THENCE RUN WEST ALONG THE SOUTH LINE OF SAID SECTION A DISTANCE OF 1325.70 FEET TO A POINT BEING THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION; THENCE NORTH A DISTANCE OF 2,364.55 FEET TO A POINT ON THE SAID EAST QUARTER (SE '/4) LINE OF SAID SECTION; THENCE WEST AT AN ANGLE OF 89 DEGREES 58 MINUTES 20 SECONDS TO THE LEFT FROM SAID EAST QUARTER (E 1/4) LINE A DISTANCE OF 663.01 FEET TO A POINT OF AN ORANGE PLASTIC HUB STAMPED F7-C-1 L DRIVEN FLUSH WITH THE GROUND AND TACKED, SAID POINT BEING THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING; THENCE RUN NORTH 89 DEGREES 06 MINUTES 26 SECONDS WEST, A DISTANCE OF 208.69 FEET TO A POINT OF AN ORANGE PLASTIC HUB STAMPED F7-C-1M DRIVEN FLUSH WITH THE GROUND AND TACKED, THENCE NORTH 01 DEGREE 46 MINUTES 42 SECONDS EAST, A DISTANCE OF 208.72 FEET TO A POINT OF AN ORANGE PLASTIC HUB STAMPED F7-C-1N DRIVEN FLUSH WITH THE GROUND .AND TACKED, SAID POINT ALSO BEING THE INTERSECT WITH THE SOUTH RIGHT-OF-WAY LINE OF CANAL NO. 20; THENCE SOUTH 89 DEGREES 05 MINUTES 50 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 206.89 FEET TO A CONCRETE MONUMENT MARKED R/W L 205.2-FCD; THENCE SOUTH 01 DEGREE 16 MINUTES 59 SECONDS WEST A DISTANCE OF 208.64 FEET TO THE POINT OF BEGINNING. SAID PARCEL DESIGNATED AS TRACT 102 OF EASTERN TEST RANGE RECONFIGURATION. AND SUBJECT TO AN EASEMENT OVER AND ACROSS THAT PARCEL OF LAND DESCRIBED HEREIN, MORE PARTICULARLY DESCRIBED AS: A TRACT OR PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34; THENCE RUN WEST ALONG THE SOUTH LINE OF SAID SECTION A File No.: PTV 820094001 8/10/2010 Resolution 10-028 Final.docx Page 6 35 36 37 38 39 40 41 42 43 44 45 46 DISTANCE OF 1325.70 FEET TO A POINT BEING THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION; THENCE NORTH A DISTANCE OF 2,364.55 FEET TO A POINT ON THE SAID EAST QUARTER (E 1/4) LINE OF SAID SECTION; THENCE WEST AT AN ANGLE OF 89 DEGREES 58 MINUTES 20 SECONDS TO THE LEFT FROM SAID EAST QUARTER (E 1/4) LINE A DISTANCE OF 663.01 FEET TO A POINT. OF AN ORANGE PLASTIC HUB STAMPED F7-C-1 L DRIVEN FLUSH WITH THE GROUND AND TACKED; THENCE NORTH 01 DEGREE 16 MINUTES 59 SECONDS EAST A DISTANCE OF 208.64 FEET TO A CONCRETE MONUMENT MARKED R/W L205.2- FCD, WHICH ON THE SOUTH RIGHT-OF-WAY OF CANAL NO. 20, SAID MONUMENT BEING THE POINT OF BEGINNING, FROM THE POINT OF BEGINNING RUN THENCE SOUTH 89 DEGREES 05 MINUTES 50 SECONDS EAST ALONG THE SOUTH RIGHT-OF-WAY OF SAID CANAL NO. 20 A DISTANCE OF 620 FEET, MORE OR LESS, TO A POINT ON THE WESTERN RIGHT-OF-WAY OF JOHNSTON ROAD; THENCE SOUTHERLY ALONG THE WESTERN RIGHT-OF- WAY OF SAID JOHNSTON ROAD, A DISTANCE OF 50.0 FEET TO A POINT; THENCE NORTH 89 DEGREES 05 MINUTES 50 SECONDS WEST A DISTANCE OF 620 FEET, MORE OR LESS, TO A POINT ON A LINE WHICH BEARS SOUTH 01 DEGREE 16 MINUTES 59 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE NORTH 01 DEGREE 16 MINUTES 59 SECONDS EAST A DISTANCE OF 50.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SAID EASEMENT IS DESIGNATED AS TRACT 102E OF THE EASTERN TEST RANGE RECONFIGURATION: (Located on the northwest corner of Johnston Road and SFWMD Canal No. 25) C. The approvals and authorizations granted by this Resolution shall expire on June 15, 2012, unless a Final Planned Town or Village site plan approval is obtained for the uses described in Part A above, or an extension has been granted in accordance with Section 11.02.06(B), St. Lucie County Land Development Code. D. A copy of this Resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Planning and Development Services Director. E. The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make the notation of reference to the date of adoption of this resolution. F. A copy of this Resolution shall be mailed, return receipt requested, to the developer and agent of record as identified on the site plan applications. G, This Resolution shall be recorded in the Public Records of St. Lucie County. File No.: PTV 820094001 Resolution 10-028 Final.docx Page 7 8/10/2010 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 After motion and second, the vote on this resolution was as follows: Charles Grande, Chairman NAY Doug Coward, Vice -Chairman AYE Chris Craft, Commissioner AYE Chris Dzadovsky, Commissioner AYE Paula A. Lewis, Commissioner AYE PASSED AND DULY ADOPTED this 15th day of June, 2010. ATTEST Deputy Cie File No.: PTV 820094001 8/10/2010 ounty A Resolution 10-028 Final.docx Page 8 1 2 3 4 5 AG- I 0 Exhibit A Map PTV-820094O01 — Zoom Sunset Lakes of St. Lucie, LLC ' l An P U D (-ice } Y PUD E. AG-1 tm AG- k �, 1 AG i AG 1 AG [ 0 \. RCtI 1 5 U PUP RADPO•1-Agric:lfi,:.rai{1 du/ac) - k na WDtl ='� N �Subjectproperty kGmz-Agdudtual(tdoia Wfi-S-Res4miieiiDeWikH�e t AR-f-Afnv4tural Rtsidente€ (i dVmc) R -2- RreYSn?f�al5ingle Family (2 dufec; `,1� 500 ft-notification area C'N Cnntmerdel Flaighbathaud hUccrryradh•.p�xt 2'. 21M, A i File No.: PTV 820094001 8/10/2010 Resolution 10-028 Final.doc) Paget VILLAGE OF SUNSET LAKES PTV 820094001 Public Hearing Sign, Extension of Time Photographed on June 14, 2012 AFFIDAVIT COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS STATE OF FLORIDA COUNTY OF 1 i-- V C.1 E being first duly sworn deposes and states: 1. 1 am the owner or the agent for the project known as Village of Sunset Lakes for the following petition: File No. BCC 520124443. 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St. Lucie County Land Development Code for the July 3, 2012 public hearing to be conducted by the Board of County Commissioners on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by the St Lucie County Planning and Development Services - Planning Division on ✓" ry A Z_ . The following required documentation is attached: A. Dated Photo submitted electronically (Close up) >� B. Dated Photo submitted electronically (Distant) X Further affiant sayeth not. Signature of Affiant STATE OF FLORIDA COUNTY OF '6 1 - Ly 1 jr The foregoing instrument was acknowledged before me this 11- day of 20iL by R, L M 0 �J I iLl A'b Said person Vr�Jis personally known to me, produced a driver's license issued by a state of the United States within the last five (5) years as identification, or ® produced other identification, to wit Notary Public, State of F- L EO�Y Ni Notary Public State of Florida Leatha D Mullins a My Commission DD976602 9� or "O` Expires 0312912014 Typed or Printed Na. mo of Motarry Commission No.: My Commission eS, gives. r:L eived B COMMISSIONERS Meetinq Time: 6:00 PM (or soon thereafter) John Doe 123 Anywhere St. Anprtehere, UPSA. 12345 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Applicant Sunset Lakes of St. Lucie, LLC 1250 East Hallandale Beach Blvd. Suite 504 Hallandale Beach, FL 33009 954.727.3019 Proiect Location 134.6 acres west of Johnston Road, east of 1-95, north of Angle Road and SFWMD Canal No. 25, and south of Meadowood residential development. Future Land Use TVC (TownsPlages and Countryside) Existing Zoning PTV (Planned Town or Village) Staffs Recommendation Board approval of Resolution No. 12- 021, providing for a 12-month exten- sion for the Village of Sunset Lakes PTV Site Plan. �N o� Subject Property �— " `$`° Public Hearing Notice Tuesday, July 3, 2012 Notice of Proposed Preliminary Planned Development Order Extension (File No. BCC 520124443) �eRoom now N SINS onnIIII if I I■I■I o =.AG-1 . , .1 .... kill Zoning 1 Proiect Description Sunset Lakes of St. Lucie, LLC is re- questing a 12-month extension to the Development Order for Preliminary Planned Village Site Plan. The extension will provide additional time for the devel- oper to comply with the 23 conditions of approval prior to Final Site Plan approval. If granted the expiration date for the De- velopment Order of Village of Sunset Lakes will be extended until June 15, 2013. Background On June 15, 2010 the Board of County Commissioners granted approval to the Preliminary Planned Town or Village (PTV) Site Plan and Rezoning for the project known as Village of Sunset Lakes. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The Board of County Commissioners strongly encourages your input and comment at the public hearing. You may also mail, email or fax written comments in advance of the public hearing for in- clusion in the official record regarding this proceeding. 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. Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 Further details are available in the Planning and Development Services Department —please contact: Staff Linda Pendarvis Tel 772.462.1562 Email Pendarvisl@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, FL 34982 H 1n O n 00 ��}} V M N O H H �} a N M H of M lD N O aa N H M a H 0 H 0 N .-� pH !r w M M H M V M H N O M N " M H Ln N M co .� H H '7 H V H m C O H a H �{ H C' H H H 00 O1 N m N U1 N H o M H m O H Q H C H O h H O 1n 00 O H �7 H H H 'O H q V H O" H In m N OmO N H rn lan n O ac0 V1 ."-I d _ n O �H ul M H 1n �m f� �7 y V1 In M H 00 N In U1 V H In 1 In f, a M n H In ti 0 H O 00 M .1 H In H O N h 00 f� m N o0 In `� H V1 H `S I� `off tb H + M ab O H `0i t� N&A i H n y v n rn O rn m o N rn a rn a O rn rn " 8 o m m y oo e`. rn rn rn H m m N o m o m m m ti m m o Ln r`in m m m m m m r`nn m m m m o m m o o m N m m m M m m M M ON omo m m m o00i m o 2 y 1�/1 � LL� LL LL LL Z LL lJl. 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LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA July 3, 2012 NOTICE OF PROPOSED PRELIMINARY PLANNED DEVELOPMENT ORDER EXTENSION The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following by resolution: RESOLUTION NO.12-021 A RESOLUTION PROVIDING FOR A 12-MONTH EXTENSION OF A PRELIMINARY PLANNED TOWN OR VILLAGE FOR THE PROJECT KNOWN AS VILLAGE OF SUNSET LAKES. APPLICANT: Sunset Lakes of St. Lucie, LLC FILE NUMBER: BCC 520124443 PURPOSE: The purpose of this hearing is to consider the request of Sunset Lakes of St. Lucie, LLC for a 12-month extension to the Preliminary Planned Town or Village (PTV) Site Plan approval for a project known as Village of Sunset Lakes that was approved on June 15, 2010. LOCATION:134.6 acres west of Johnston Road, east of 1-95, north of Angle Road and SFWMD Canal No. 25, and south of Meadowood residential development. Village of Sunset Lakes N I , BCG520124443 4 m c ly m N m m c° Lu E 3i N of Z 1 ct c fSrope o I Y St Lucie Blvd . b ;i AzAngle dl Rd P a Orange Ave c - i m The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday. Juhf & 2012 beginning at fM PM or as soon thereafter as possible. An interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call 772/462-2822 or TDD 7721462-1428 if you have any questions or require additional information. 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 motion 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 win need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie Canty Community Risk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. BOARD OF COUNTY COMMISSIONERS ST. 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Tfi lab' Tfi Lane (NTS) VILLAGE OF SUNSET LAKES PRELIMEVARYREGULATING PLAN TOWNS, VILLAGES AND COUNTRYSIDE OVELA Y ZONE T RIAS ASSOCIATES TOWN PLANNING ARCHTPECTURE PRESERVATION 315 ORANGE AVENUE WWW.RAMONTRIAS.COM FORT PIERCE, FL 34950 AA26001663 (772) 460.1779 M.C°�° 5/o3n01a 5/07/2010 5/OS/J.O10 onv„ny,DGD.°armD°ao ®wtl®d 6u.ur®.fDm.plDpalyorx®oD•m..,wanQ m. ylgat moy a. m.d. tar!e acaw.dmmc 7hry e3.a Dot bow°dMme owDcm mLaew Dme�«bm�maap..liD W- rFDica h,aae.,uaeplwm.pp.2010 p�stDD os�oDn;Dlzao R"ONTwaS.ArAAlcr AR94425 1 OF? _ M.Cotino M.Cotino .__ o M.CotinD ------ M_Cotino _ M.Cotino M.Cotino 5/19/20I0 5/21L2010 5/24/010 5/26/2010 — - ---' -- -PP ITEM NO. VII-C DATE: 07/03/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X) LEG. ( ) QUASI -JD (X) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Linda Pendarvis SUBMITTED BY: Planning and Development Services Planner Pi Department SUBJECT: Rezoning Request — St. Lucie County Utilities BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: December 15, 2009 — BOCC granted permission to advertise public hearings. January 21, 2010 — P&Z Commission continued to May 20, 2010. May 20, 2010 - P&Z Commission continued to August 19, 2010. August 19, 2010 — P&Z Commission continued to October 21, 2010. October 21, 2010 — P&Z Commission continued to February 17, 2011. February 17, 2011 — P&Z Commission forwarded recommendation of denial. RECOMMENDATION: Board authorization to schedule the second required public hearing for an amendment to the Official Zoning Atlas on July 17, 2012 at 9:00 AM, or as soon thereafter as possible, as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coord1nation/Sianatures County Attorney (X ) /'� Count Surveyor Daniel S. McIntyre County Engineer ( X ) /V VP ERD Michael Powley rq Originating Dept. (X ) OMB Mark Satterlee ( X) rr�// Ron Harris f (X ) �G Karen Smith Marie Gouin Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Directo } Kara Wood, Planning Manager l FROM: Linda Pendarvis, Planner�� Planning Division DATE: July 3, 2012 SUBJECT: Rezoning Request - St. Lucie County Utilities ITEM NO. VII-C St. Lucie County Utilities submitted an application for a change in zoning from the AR-1 (Agricultural, Residential-1 du/acre) to U (Utilities) for 38 acres of land on the east side of Taylor Dairy Road, approximately 1/ mile south of Indrio Road. This rezoning would allow the St. Lucie County Utilities to develop the site for future North County Regional Water and Wastewater Treatment Plants. Background: The subject property under consideration is located within the Airport Mixed Use Activity Area identified in the Comprehensive Plan. The requested zoning district of Utilities is consistent and compatible with the 1800 acres of land located in close proximity to the southeast already zoned Utilities. The Utilities Department acquired the subject property in 2005 with the intent of complying with overriding Goals of the Comprehensive Plan. Development of a water treatment plant and a wastewater treatment plant in this area implements Objective 1.1.5 of the Comprehensive Plan which directs future development to occur within the Urban Service Area where urban and, community services can be provided in the most efficient and compact manner so as to discourage the proliferation of urban sprawl. Further, it provides the opportunity to discourage development dependent upon wells and septic tanks. Objective 4.A.1.1 in the Potable Water Sub -Element together with Objective 4.D.1.1 in the Sanitary Sewer Sub -Element stipulates the provision of critical basic services to the residents of St. Lucie County that do not promote urban sprawl. St. Lucie County Utilities submitted an application on September 15, 2009 for an amendment to the Official Zoning Atlas to change the zoning on the property. On December 3, 2009, the Development Review Committee certified the application with a recommendation of approval to Board of County Commissioners St. Lucie County Utilities Rezoning Page 2 of 3 move forward to public hearings before the Planning and Zoning Commission and the Board of County Commissioners. Land Development Code Section 11.00.03 (B) (2) requires any County -initiated amendment to the Official Zoning Atlas affecting ten contiguous acres or more to be the subject of two advertised public hearings by the Board of County Commissioners. This is the first public hearing; the only required Board action is to schedule the second public hearing. This petition was continued four times at the Planning and Zoning Commission meetings to address issues that had not been previously anticipated by the applicant. Following is a summary of the issues, what was done to address them and any relevant outcome. Coordination with neighbors: At the January 21, 2010 public hearing two neighbors expressed concern regarding the proposed treatment plant and the possible burden on adjacent properties and suggested that the County owns other lands more suitable for a utility facility. To address this and any additional neighborhood concerns, on April 29, 2010 the Utilities Division held a neighborhood meeting and presented an overview of the proposed rezoning and development of the subject property. Environmental and suitability analysis: At the May 20, 2010 public hearing this petition was continued while staff investigated alternative sites. The analysis for four other sites owned by the County was completed by the Environmental Resources Department (ERD) at the request of the Planning & Zoning Commission, which is included in the agenda package. The Utility Director, Laurie Waldie, also outlined for the Planning and Zoning Commission the subject site selection details and the purchase price of $2.3 million and other expenses that were associated with the purchase, permitting and planning of the water and wastewater treatment plant. Proximity to airport runways: At the October 21, 2011 public hearing the analysis created by ERD was provided to the Planning and Zoning Commission. The analysis demonstrated that other vacant parcels owned by St. Lucie County were purchased with FAA and/or FDOT grant funds and therefore were limited in their potential uses. Of additional concern is that the other parcels are located closer to the airport runways which presented greater potential negative impact that attractants may have on air traffic safety than the subject site. The Planning and Zoning Commission indicated a strong interest to relocate the water and wastewater treatment plants to the 80. acres to the east adjacent to the subject property and closer to airport operations. • Coordination with FAA: The October public hearing was continued allowing additional time for the Utility Director to contact FAA regarding a preliminary review of the water and wastewater treatment plants on the 37 acres. The attached FAA response letter dated February 16, 2011 indicated the construction of a future water treatment plant is feasible, however the exact design of the treatment system will need to comply with all FAA requirements. Existing approvals through SFWMD: At the February 17, 2011 public hearing the Planning and Zoning Commission reiterated preference for an alternate site selection. In response to what would be involved with relocating the proposed facility, the CDM representative reviewed the financial commitment to the subject property relative to the previous time and effort invested in existing approvals by outside agencies. The County has already obtained permit approvals by SFWMD for the type and depth of wells proposed for this site. Board of County Commissioners St. Lucie County Utilities Rezoning Page 3 of 3 At the February 17, 2011 meeting, the Planning & Zoning Commission voted eight to one to recommend denial to the Board of County Commissioners for the rezoning because of 1) the negative impact to the adjacent property values, 2) the fact that the County owns property to the east of the subject site that would be more suitable, and 3) the environmental impacts to the subject property. During the year this item was being considered and continued by Planning & Zoning Commission staff has thoroughly considered other sites for this project. Despite this considerable effort, staff continues to recommend approval of the rezoning request for the current site because it fulfills the goals of the utility, minimizes to the extent possible impacts on adjacent development and furthers the orderly development of this part of the County. The subject property is located within the Airport Overlay Zone which encourages compatibility with the normal airport operations. Consistent with Comprehensive Plan Policy 1.1.15.5, the proposed Utility zoning promotes permitted uses that are compatible with airport land uses. In contrast the current AR-1 zoning would allow residential development at one dwelling unit per acre within 3,356 feet of a runway, a use that is grossly incompatible with the airport. The subject application was determined to be in compliance with the Standards for Review in Section 11.06.03 and all other requirements of the Code and Comprehensive Plan for this rezoning request. Should the change in zoning be approved the next step in the development review process is for the Utilities Division to file a Site Plan application that will be fully reviewed for compliance with the Land Development Code. If necessary, conditions of approval can be imposed upon the development as they may relate to the standards of review for site plans. Recommendation: Board authorization to schedule the second required public hearing for an amendment to the Official Zoning Atlas on July 17, 2012 at 9 am, or as soon thereafter as possible, as outlined in the agenda memorandum. Hearing Date July 3, 2012 Applicant St. Lucie County Utilities 772-462-1150 File Number RZ 920094011 Future Land Use MXD (Mixed Use Development) AR-1 (Agricultural, Residen- tial-1 du/ac) Proposed Zoning U (Utilities) Staff Recommendation Board authorization to schedule the second required public hearing for an amendment to the Official Zoning Atlas on July 17, 2012 at 9 am or as soon thereafter as possible. Proiect Manager Linda Pendarvis 772.462.1562 pendarvisl @stlucieco.org a NN = Fee .- Y Indrio Rd Subject, Property S Of a) Cl)_ N M 0 O Y F St Lucie Blvd Project Name: AGENDA ITEM No. VII-C North County Regional Water and Wastewater Treatment Plant Rezoning CN CC PUD RM-5 RM-9 PUD PUD IIJDR! 'RG C CG AG-1 t IL e t , 0 r IL I AG-1 � . e -------- I u I l Zoning IL -Industrial Lighl N AR-1 ` ® Subject property AGd -Ag cullu2l(5 tlWac, PUD-PlannedUN!Developmen! Ate'-Agricultuml Residential (7 dutac) RM-5-Residential 1.1, i Femlly (5 dulac) ;�---, CG-commerial General RM-g- Residential Multi Famry (9 duf.c) 500 ft. notification area CN- CommemialNeighborhood RS-4-Residenb.tSin&Famry(40Wa1) L lnsFtulional U- utilities Project Location: East side of Taylor Dairy Road, approximately 1/4 mile south of Indrio Road. Proiect Description The St. Lucie County Utilities for a change in zoning from the AR-1 (Agricultural, Residential-1 du/ac) Zoning District to U (Utilities) Zoning District for 38 acres of land on the east side of Taylor Dairy Road to accommodate the proposed North County Regional Water and Wastewater Treatment Plant. Background December 3, 2009 the Development Review Committee certified the ap- plication with a recommendation of approval. This rezoning would allow the St. Lucie. County Utilities to de- velop the site for a future water and wastewater treatment plant. On Feb- ruary 17, 2011, the Planning and Zoning Commission voted to recom- mend that the Board of County Com- missioners deny the application for rezoning. Notice Requirements A public hearing notice in accord- ance with Section11.00.03 of the Land Development Code was placed in the St. Lucie News Trib- une on June 19, 2012. Letters were sent to property owners within 500 foot radius, and a sign placed on the property. Public Comment Received At the Planning and Zoning Com- mission meeting adjacent property owners, Mr. Bennett and Mr. Sinnott, were in opposition of the proposed rezoning. Document Date: July 3, 2012 Environmental Resources Department Final Report TO: Kristin Tetsworth, Planning & Development Services Department THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Yvette Alger, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Division Manager DATE: February 3, 2011 SUBJECT: North County Regional Water and Wastewater Treatment Plant RZ 920094011 Background The Environmental Resources Department (ERD) is in receipt of the September 15, 2009 Planning and Development Services' date -stamped submittal. The applicant requests approval of a rezoning to Utilities (U), to allow for the future construction of a regional water and wastewater treatment plant. The 38-acre project site is located on the east side of Taylor Dairy Road, south of Indrio Road. The site is presently zoned Agricultural, Residential (AR-1) and is dominated by mesic pine flatwoods habitat, interspersed with small depression marshes, each estimated to be less than 0.5 acres in size. On October 7, 2009, ERD issued a final report, summarizing staff's findings on the proposed rezoning and recommending approval. As a result of input from the Planning and Zoning Commission and the public, the Utilities Department requested ERD evaluate alternative sites within the airport property, east of the currently proposed location. ERD considered five alternative sites, as shown in Figure 1. On August 19, 2010, staff from ERD, Utilities, and the Airport conducted a site visit; staff from ERD and the Airport conducted a follow-up site visit on September 30, 2010. Findings Staff observed that habitats east of the currently proposed location transition from mesic pine flatwoods with scattered wetlands into scrubby flatwoods, which grade into open, disturbed lands before transitioning back into mesic and scrubby flatwoods, with scrub and wetlands, just west of US Highway 1. Findings from staff's alternatives analysis, including detailed descriptions of each alternative site, are provided below. Site A — Currently Proposed Location This 38-acre site is located on the east side of Taylor Dairy Road, south of Indrio Road. The site is presently zoned Agricultural, Residential (AR-1) and is dominated by mesic pine flatwoods habitat, interspersed with small depression marshes, each estimated to be less than 0.5-acres in size. Environmental Resources Department staff noted the presence of native habitats; potential Florida scrub -jay, wading bird, and Eastern indigo snake habitat; and gopher tortoises during an October 5, 2009 initial site visit. Due to the abundance of slash pines at this site, native tree Environmental Resources Department Final Report North County Regional Water and Wastewater Treatment Plant February 3, 2011 impacts would need to be addressed during development of detailed site plans. Mesic flatwoods is not considered an imperiled habitat. Wetlands are considered Environmentally Sensitive Areas (Comprehensive Plan Policy 8.1.12.4). This site is not within the St. Lucie County International Airport property. Site B This approximately 80-acre site consists of three parcels, all of which are zoned IL. Site B is located just east of the currently proposed location (Site A) and is dominated by mesic pine flatwoods habitat, interspersed with environmentally sensitive wetland areas, grading into scrubby flatwoods in the site's southeast corner. Environmental Resources Department staff noted the presence of native habitats, potentially supporting the Florida scrub -jay, Eastern indigo snake, gopher tortoise, and wading birds, during site visits in August and September 2010. Due to the abundance of slash pines and other native trees at this site, tree impacts would need to be addressed during development of detailed site plans. Scrubby flatwoods habitat is ranked by the Florida Natural Areas Inventory (FNAI) as imperiled. According to the County's Comprehensive Plan, imperiled habitats are considered Environmentally Sensitive Areas (Policy 8.1.12.4). The Airport Layout Plan (April 2010 Draft) designates this site as a proposed future industrial development area. Site C This 52-acre site is zoned IL and is dominated by scrubby flatwoods habitat, interspersed with wetland areas. Environmental Resources Department staff noted the presence of native habitats, potentially supporting the Florida scrub -jay, Eastern indigo snake, gopher tortoise, and wading birds, during site visits in August and September 2010. Fewer slash pines are present at this site, compared to Sites A and B; therefore, native tree impacts would be less of a concern. However, potential impacts to Environmentally Sensitive Areas, such as scrubby flatwoods and wetlands, would require avoidance, minimization, and mitigation. The Airport Layout Plan (April 2010 Draft) designates this site as a proposed future industrial development area. Site D This 268-acre site consists of two parcels, both of which are zoned IL. The parcels are dominated by open, grassy fields, interspersed with environmentally sensitive wetland areas. This site includes a disturbed, previously cleared area wherein Federal Emergency Management Agency (FEMA) trailers had been stored. Mesic pine flatwoods are present in the site's southwest corner and along its eastern perimeter. The predominance of disturbed habitats at this site reduces the potential for native habitat impacts. Fewer slash pines are present at this site, compared to Sites A and B; therefore, native tree impacts would be less of a concern. Potential wetland impacts would require avoidance, minimization, and mitigation. Environmental Resources Department staff noted the presence of native and non-native habitats, potentially supporting the Florida scrub - jay, Eastern indigo snake, gopher tortoise, and wading birds, during site visits in August and September 2010. The Airport Layout Plan (April 2010 Draft) designates this site as a proposed future industrial development area. Site E Page 2 G:\Planning\PROJECT FILES\North County Regional Water & Wastewater Treatment Plant\P & z\02.17.1 1 \ERDNCtyRegionalWaterTrtmt rezone finalrpt_Feb11.docx Environmental Resources Department Final Report North County Regional Water and Wastewater Treatment Plant February 3, 2011 This 195-acre site consists of six parcels. The primary zoning of this site is Conservation Public (CPUB), which covers approximately 140 acres. Other zonings designated for portions of this site include 40 acres of IL along the westernmost portion of the site, 10 acres of Residential/ Conservation (R/C), and five (5) acres of Commercial, General (CG). The site includes a mix of wetlands, scrubby flatwoods, mesic pine flatwoods, scrub, and xeric hammock areas. Environmental Resources Department staff noted the presence of native habitats, potentially supporting the Florida scrub -jay, Eastern indigo snake, gopher tortoise, and wading birds, during site visits in August and September 2010. Potential native tree impacts would be a concern, primarily along the westernmost portion of the site. The eastern areas, wherein canopy trees are not as abundant, contain imperiled habitats, such as scrubby flatwoods, wetlands, and scrub. Additionally, the easternmost lands are identified on the St. Lucie County Native Habitat Inventory (Site 28, B-rank), and therefore are considered Environmentally Sensitive Lands (Land Development Code [LDC] Section 6.04.01). The Airport Layout Plan (April 2010 Draft) designates this site as a proposed gopher tortoise, scrub -jay, wetland, and tree mitigation area. Summary of Alternative Sites Environmental resources at the sites being considered include potential listed species habitat, native upland habitat, native trees, and wetlands. A similar suite of listed species, including gopher tortoise, Florida scrub -jay, Eastern indigo snake, and wading birds, could potentially occur at all sites: Except for Site D, all sites are dominated by native habitat. Sites B, C and E contain imperiled native upland habitats, while the upland habitats present at the remaining sites are not considered imperiled. All sites contain environmentally sensitive wetland areas, which would require avoidance, minimization, and mitigation during development of detailed site plans. All sites contain native trees, though the more densely -canopied mesic pine flatwoods, which dominate Sites A and B, would involve greater potential native tree impacts than the more open areas near the center of the airport. Based on ERD's evaluation of the alternative sites, the site with the least potential environmental impacts would be Site D, particularly the former FEMA trailer storage area within this site. Regardless of the site chosen, the Environmental Resources Department (ERD) will conduct further review through the site plan and/or building permit review process. The following will be required when detailed development plans are submitted for review: 1) Wetland delineation (Land Development Code [LDC] Section 11.02.09.A.2.d.4); 2) Tree survey (LDC Section 11.05.06.A.3); 3) Environmental Impact Report (LDC Section 11.02.09.A.5), including surveys for listed species and discussion of efforts to avoid and minimize impacts to wetlands, native trees, native upland habitats, imperiled habitats, and listed species; and 4) Landscape plan (LDC Section 7.09.00). Recommendation ERD recommends the Utilities Department consider locating the proposed treatment facility at the former FEMA trailer site, or elsewhere within the non-native habitats of Site D. If this alternative site is not feasible, staff supports rezoning of the currently proposed site. Please contact Yvette Alger at 772-462-2866 if you have any questions. Page 3 G:\Planning\PROJECT FILES\North County Regional Water & Wastewater Treatment Plant\P & z\02.17.11\ERDNCtyRegionalWaterTrtmt rezone finalrpt_Feb11.docx I I RESOLUTION NO. 12-013 2 FILE NO.: RZ 920094011 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE 6 COUNTY GRANTING APPROVAL FOR AN AMENDMENT TO THE OFFICIAL ZONING 7 ATLAS TO CHANGE THE ZONING FROM AR-1 (AGRICULTURAL, RESIDENTIAL —1 8 DU MACRE) TO THE U (UTILITIES) FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, 9 FLORIDA. 10 11 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 12 testimony and evidence including, but not limited to the staff report, has made the following 13 determinations: 14 15 1. St. Lucie County Utilities, presented a petition for a change in zoning from the AR-1 16 (Agricultural, Residential -1 du/ac) Zoning District to the U (Utilities) Zoning District on a 38- 1 7 acre parcel of land located on the east side of Taylor Dairy Road in St. Lucie County, 18 Florida, as more particularly described in Part A below and depicted on the attached map as 19 "Exhibit A" attached hereto and made a part hereof. 20 21 2. On January 21, 2010, the St. Lucie County Planning and Zoning Commission held a public 22 hearing on the petition, after publishing notice at bast 10 days prior to the hearing and 23 notifying by mail all owners of property within 500 feet of the subject property, and voted to 24 continue the petition to a date certain of May 20, 2010 regarding the request for an 25 amendment to the Official Zoning Atlas to change the zoning from, the AR-1 (Agricultural, 26 Residential -1 du/ac) Zoning District to the U (Utilities) Zoning District for the County owned 27 real property described in Part A. 28 29 3, On May 20, 2010, the St. Lucie County Planning and Zoning Commission held a second 30 public hearing on the petition, and voted to continue the petition to a date certain of August 31 19, 2010 regarding the request for an amendment to the Official Zoning Atlas to change the 32 zoning from the AR-1 (Agricultural, Residential -1 du/ac) Zoning District to the U (Utilities) 33 Zoning. District for the County owned real property described in Part A. 34 35 4. On August 19, 2010, the St. Lucie County Planning and Zoning Commission held a third 36 public hearing on the petition, and voted to continue the petition to a date certain of October 37 21, 2010 regarding the request for an amendment to the Official Zoning Atlas to change the 38 zoning from the AR-1 (Agricultural, Residential - 1 du/ac) Zoning District to the U (Utilities) 39 Zoning District for the County owned real property described in Part A. 40 41 5. On October 21, 2010, the St. Lucie County Planning and Zoning Commission held a fourth 42 public hearing on the petition, and voted to continue the petition to a date certain of February 43 17, 2011 regarding the request for an amendment to the Official Zoning Atlas to change the 44 zoning from the AR-1 (Agricultural, Residential - 1 du/ac) Zoning District to the U (Utilities) 45 Zoning District for the County owned real property described in Part A. XXX, 2012 Resolution No. 12-013 File No. RZ 920094011 Page 1 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 6. On February 17, 2011, the St. Lucie County Planning and Zoning Commission held a fifth public hearing on the petition, and voted to recommend that the Board of County Commissioners deny, by a vote of 8 to 1, the hereafter described request for an amendment to the Official Zoning Atlas to change the zoning from the AR-1 (Agricultural, Residential -1 du/ac) Zoning District to U the (Utilities) Zoning District for the County owned . real property described in Part A. 7. On July 3, 2012, this Board held the first public hearing on the petition, after publishing notice at least 7 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 8. On XXX, 2012, this Board held the second public hearing on the petition, after publishing notice at least 5 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 9. The proposed change in zoning is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 10. The proposed change in zoning is consistent with the existing and proposed uses in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed amendment to the Official Zoning Atlas to change the zoning from the AR —1 (Agricultural, Residential -1 du/acre) Zoning District to the U (Utilities) Zoning District for the project known as "North County Regional Water and Wastewater Treatment Plants Rezoning" for the property owned by St. Lucie County and described below is hereby approved/denied. Legal Description: The Southwest '/< of the Southeast % of Section 13, Township 34 South, Range 39 East, LESS AND EXCEPT all rights of way for drainage canals and public roads; all lying in St. Lucie County, Florida. Location: 38 acres of land, more or less, on the east side of Taylor Dairy Road, approximately % mile south of Indrio Road Parcel ID#: 1313430-0000-000-5 B. The St. Lucie County Planning and Development Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution on the GIS computer mapping system stored electronically by the PDS Department. C. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B," was signed by the applicant on September 10, 2009. XXX, 2012 Resolution No. 12-013 File No. RZ 920094011 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 D. This Resolution shall be recorded in the Public Records of St. Lucie County. E. A copy of this Resolution shall be mailed, return receipt requested to the owner and agent of record as identified on the application. After motion and second, the vote on this Resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Paula A. Lewis, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED This XX Day of XXX, 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: Deputy Clerk XXX, 2012 File No. RZ 920094011 BY Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Resolution No. 12-013 Page 3 1 2 3 4 5 6 7 8 9 10 EXHIBIT A RZ-920094011 Future Land Use North County Regional Water & Wastewater Treatment Plants o COM R INDFj0'FiD T C �� �. MXD TVC ' o � 0�-- � o , � f/1 M) D -------- ' T/U ® Subject property Future Land Use RM - Residential Medium (9 du/ac) r r AN COM - Commercial RU - Residential Urban (5 du/ac) MXD - Mixed Use Development T/U - Transportation/Utilities - N 500 ft. notification area P/F - Public Facilities TVC - Towns, Villages, and Countryside �- - -, Map prepared May 23. 2012 XXX, 2012 Resolution No. 12-013 File No. RZ 920094011 Page 4 I 2 3 4 5 XXX, 2012 File No. RZ 920094011 EXHIBIT B Concurrency Deferral Affidavit St. Lucie County Concurrency Deferral Affidavit I Laurie Waldie _ residing or doing business at 2300 Virginia Avenue Name Street Fort Pierce FL 34982-5632 772-462-I150 _ city State Zip Phone have applied for a Rezoning from St. Lucie County, Florida, Type of Deve.lopmenl Order for the following project: North County Regional Water and Wastewater Treatment Plants Name of Proposed Development I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Signed: �/�, s /D Date: Applicant STATE OF FLO41DA J/ COUNTY OF !�: r � i / D�Y G/77 20 fq, by T e fo egoing instrpmenl was acknowledged before me this of , p do _ who i rsonally known me or who has produced as identification. r Q�f Y Jr�� � Signature of Notary Type or PrintName of NotmY 0(P2DS0 -_Commission Number (Seal) 1y F '• F t1SAWA DROP # # HYCOWSMItOD9510BD EXPIRES: January 8, 2012 �'?andr� Ba1dd10ni&dgrl Ho(W srriat Page 1 of 1 Revised: April 1, 2008 Resolution No. 12-013 Page 5 Z-< -3 'ca LO E a E E 0 M cu U� a) LL U- LL LA =:3 .. . .................. . .... RD -0 ar-) QS a).a) :fy 0 n LO 00 ry 76- 0 V- -E a) 0 W (Dz (1) CU -Fa -Fo .... . . . . . ............ E E E E 0 0 . .......... < N (D z 7 0< G 8 rk�j Iva '�A 0;1 ttT C: O 0 EP 0- 0 CL ..... . ..... 0 (D L. . ..... . . .......... ... C) < T7� z z O N CA O N ....................................... .......................... ...... _. N ro pcam �-+ J 10 CR � r r--- - _ - rr r r !� t� a E E O w O fU MU- ll LL Oc Qi :E 2 cn 1 c 1 �� c c•c _ W O C13 O1 N 0) (Ucu 1 m o 76 •J ♦ ��mm ` - 'EEO o Qoo= V U N �pC9irC7Zc ��/ Q U o � If Q m Z C� o.. a U C: v o CO LO J�MH.SJNIMIN r 1 z r r r 1 n 1 4-4 r 1 1 r •■ 1 ■ ■ • r ;; CIA!. '' ■ r • • 1 r • • .................... ........ 7 4040 r r r r r r r r r ! 1 o . � O 1 1 ' 1 ' 1 1 � ' 1 ' 1 ,`, r r� r r r r rI •� U t0 {U m c o Q •U Q �" 0- O U a iE o p cf) LO it r ! 1 � 1 t 1 r r John Doe 2300 Virginia Ave Fort Pierce, FL 34950 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Applicant St. Lucie County Utilities 772-462-1150 File Number RZ 920094011 Project Location East side of Taylor Dairy Road, approximately 1/4 mile south of Indrio Road. Future Land Use MXD (Mixed Use Development) Existing Zoning AR-1 (Agricultural , Residential-1 du/acre) Proposed Zoning U (Utilities) Staffs Recommendation Board authorization to schedule the second required public hearing for an amendment to the Official Zon- ing Atlas on July 17, 2012 at 9 am or as soon thereafter as possible. North County Re9lonal Water N a Weatewater TI.1-nt ftnte RZ-920094011 GN s a� Indrlo Rd m a' SubJect � Property � g o E ` � N � f y St Lucie Blvd m� Public Hearincr Description Consider an application of St. Lucie County Utilities for a change in zon- ing from the AR-1 (Agricultural, Resi- dential-1 du/acre) to U (Utilities) for 38 acres of land on the east side of Taylor Dairy Road to accommodate the proposed North County Regional Water and Wastewater Treatment Plant. Background December 3, 2009 the Development Review Committee certified the ap- plication with a recommendation of approval. This rezoning would allow the St. Lucie County Utilities to de- velop the site for a future water and wastewater treatment plant. On Feb- ruary 17, 2011, the Planning and Zoning Commission voted to recom- mend that the Board of County Com- missioners deny the application for rezoning. The St. Lucie County Board of County Commissioners has the power to review and grant any appli- cations within their area of responsi- bility. The Board of County Commission- ers strongly encourages your input and comment at the public hearing. You may also mail or email written comments in advance of the public hearing for inclusion in the official record regarding this proceeding. Further details are available in the Planning and Development Services Department, please contact: Staff Linda Pendarvis Tel 772.462.1562 Email pendarvisl@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, FL 34982 �t zr a s N N N N N N N N N N ri �r N m N HH HH H Hr-I H m w m lD m LO m w m lD m w m w m lD m 0 m to H Ln Hm r-I w a) m LD N N N N to U) V) Ll) )A tf1 Ul ltl d' N Ul M U) r-I LD W W lD N N N N N N ul N N N N N Ln lD N N e--I V tl' 7 "T 00 0o 00 00 0o 00 00. 00 00 00 'IT ;T 00 0o a v 0) 0) m m m m 0)a) m m m rn m m rn m m m N m m V m 17 m V' m q m lzt m [F m �t m V M It m ct M V m -* m V K) �t m V m d* m [t m -t m w J m _1 J J J J J J J J J J J J J J J J J J {A U-LL LL LL LL LL LL LL U- LL LA-. LL LL LL U- LL LL LL LL u U 01 m 0J 01 01 OJ 01 01 O1 01 0) 0J 01 O1 0! 01 01 O) U 01 E0J U L fU.. U L U U V L U L U L U L U U L i U U L U L U L f0 U L d 01 a 0) 'a 01 'a 0J 'a 0J a 01 a 201 a a 0) a 01 n. 0J 'a T n. 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M ri m ri M ,-I ri ri ri r-I ri ri r1 r-I ri ri ri '-i r-I ri ri ri Q Q LOCAUSTATO 11- Z C4 T— r Marine gets surprise welcome 111URSINGHOME PAT 1EWiS FAU research aims ByLG.Wa—Co }.t sadeteWaltarautheesraaa ' - to cut hospital visits FEUSMERE- The Patriot Guard hiders were creat- edtohonorfallensoldiers and shield their families from J rotest groups in time loss. But Monday night, they brought a sol- dier home to Fellsmere. I.edbya FellsmerePo6m escort and more than 40 motorcycles, StaffSgt Mat- thew De La Paz, USMC, returned m a survivor. He found himself engulfed by a crowd of more than 150 fiag-waving friends, neigh- borsandshangers. De In Paz; 28, recently returned from Afghani- stan, his fifth combat de-. ploymentinhi510-yearca- reer in the Marine Corps. Instead of a quiet drive u� Interstate 95 from Term, where he was reunited with hiewife, Rrandie, and the three children, Pris- cHls, 7, Matthew Jr., 5, and ALIT 11ew metgiythe- BattubtlfhtodiRi I=!,bag: with numerous &lends and even former teachers. He pulled into his home- town of Fellsmere to find the reute to his parents' home on 127th Avenue lined with flag-waving community members. It's like something you would see in a mower' a slightly s.u:od De Le Pat Impanel aheaakes,'I ese hqusendhanidslukes." II>ese third don'thappen to me." Beforethelastlegfmm the exhtohishouse,thecanvoy, stoppeda[thernwlyopened Soak Shak restaurant on County Road A2 for a brief cdebratioa Donna Barone of Fellsmere is friends with Dc La Pal family and has known him since he was 11 ByAllshaMcitanls ;Pedalc,Taaasemenn 'Paxr IfMSEti BEACH - Restore- tionofthehistoric Captain Sewall House began last week and by this fall, the project will finally make the home into the focal point it deserves to be at Indian Riverside Park. The house, built in the late 1800s, was the home of Capt. Henry Sewall. a Dade County legislative representative. The home also served as a post of- fice In its early days and a bootlegging site in the 19205. The Martin County Historic Preservation Board issued a Certificate ol'Appropriatenes; for the Captain Sewn B House last week The board's purpose is to protect and preserve historically relevantbuild- inge and properdes. T[He Certificate, ofi'Ap: proPeiahrnese• ack aowl- edges the house's 2009 listing on the Martin County Historic Register become of its age and its actin isandgrantsper- mission to the county to begin restoring the build- ing lofts original glory. It definitely needs some work," said Bonnie Landry, Martin County Community Developme nt Specialist. Restoration b egan with prepping the site for the worNU, is to come. One bedroom will be removed that was added later in the homes life. It will be re -roofed with wooden shingles. The front porch will be restored, and wity- dows, doors and shutters Matthew De La Paz (second from right) receives a hug from his fatherless, after arriving at the rest area Monday afternoon at mile marker 133 along interstate 95. More than 20 bike riders tram the Patriot Guard and American Legion riders surprised De Is Paz, a Marine, In the parking lot and escorted him to his parents' home in Fellsmere. Do La Paz (second from left) stands with his daughter, Alice (left), 2, and mother, Lucy, after arriuing to a surprise party at the Snak Shak on Monday afternoon in Fellsmere. Sheagutizedtliettomewm- h ravisede[plosivedevice ing aftfter ;Luang him rebnn while De La Paz was just a fourotherfimeswhhoutany fewfedaway,Hamnesaid. "He'salwayscome home Hiss nmst recent deploy-. to just nothing with very mentwasespeciahydifficrdt littleappreciation shown; asamaodic of his platoon Barone said."Whywaitfor was severely injured by an .him to comehomeinnbox raava snannsaemwrvssuvs The house of Capt. Henry sewall in Jensen Beach. will be replaced, all with historical accuracy in mind. The house, originally located oa Old St. Lucie Boulevard, was relocated in 2006 to Indian River - Side Park by barge down the St.1mcie Riverboamse the area in which it sat was going to be redeveloped. Wan'th,ccutmityymuhifeed A}fans,. a. privinG cirf"en•. learned the new property owners had an i,,=t in the houses preservation, t heyy' moved Fits t to save the building. Ayers donated $50,000 to help with the relocation. When restoration is completed in September, the Captain Sewall House will join the Mansion at Tvekahae as the second L41q�4A } ': � •: YIMWR PAWN" OR 'SWAY •y,a r NOW •kurN6od6YrhedSGndr • Wem. Weds •Nor: GLded�e historic home in the park. Already completed around the blue House is A boardwalk similar to the BVINaneLade Dr.Joseph G.Ouslander, sonsenual a senior associate dean at FAU's Charles E. Schmidt Nobody lilacs going to College olMedicine, said the hospital. But it's es- hospitalization is often pec)atly hard on elderly the if fuchoice—butnot nursing home residents always. who can fall or develop "Sometimes hospital - infections during their ization is futile and harm - stays there. And unneces- ful. My goal is to not have sary admissions are costly; .people repeatedly hos- amounting to more than pitalized and have them $4 billion in Medicare ex- subjected to tests that will pendiVes anrmally. not tin "their quality So its not surprising of life;' said Ouslander, that researchers at Flat- who started working on Ida Atlantic University INTERACT eight years are getting a lot of atten- ago. lion lately — and a lot of Instead of immediately giants — as they continue calling a hospital, staffers looking forwaystoreducc at anursing facilityvi-ld hospital visits for those in use INTERACT tools to nursing homes, assess multiple risk fac- FAU'scollZScifinedi- tors and discuss possible when he needs and wants tine and nursing this, autcomes. They may de- theappreciationnowY' month were awarded$1.8 cidetheresidentwouldhe I3ismotltetl.m.T',teaches million from the Natioml more comfoctableremain- miFellsmerreBlagontargy Insthnim PlFbalthaosoii- ing?nihohoma,witHSHiurr SaHrmllandi Herr sludimm nntiHirallt5'tosuiffttinib:inr aamltttbm c1bselt5mardi madebanneisforthehome, novativeinterventionpro- tored. coming, which many at- gramwouldsaveMedicsze For FAU, the National tendedwiththeirfamilia, money as well as improve Institutes grant comes on Barone'scan required a quality ofcare. topof$26we000from The Ifttlesubt uge-Thi die, The program, called ConununweaIth Fund, to I)eLePaz's part5hehadm Implementing lnterven- help make INTERACT fakeasevereneedfirabath- tions to Reduce Hospital- tools and training avail- roombreakattherestarea izations of Nursing Home able;andanother$G82,686 atexit7.33 onI.95tomeetup Residente,orINTERACT, from The Patient-Cen- with the escorts. Matthew trains aides, nurses and tered Outcomes Research complained about her slow others in how to identify Institure,toexamineways drivinguatilshepulledinto health issues aman rest- residents and their fami- therestareaandsawalarge- dents early on and how liescanbe more involved groupo to%yclisls. to manage and document in hospitalization deci- Atvelmmehome'Ihese changes. Siam. aregreat things mgek"sad ride captmn Peter Puzm of the Patriot fAtard Riders of Florida. "we don't get too many of these. We usually getfunerals. '•Wit call this a good ride." one attached to the origi- nal home, which will lead visitors hmo the mangroves behindthebuRding. "We're going to have this rich history in the county and keep it for years to come;' said Rmi- dali Seamier, manager of capitalprojects for Martin County. After restoration is complete, Martin County Parks and Recreation will take over and designate what events and access the public can expect in and around the house. "I'm excited to see It •tewa.tae•r • ueh.n..a maiaoeea.ae,By,wnha•t e,nann• • Oaieiad taYAa ra•di W e„ b M . Hnv aNN• •ravhae• a as war, e. auua4 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA July 3, 20i2 NORCE OF PROPOSED ZONING MTPICT CHANGE Tie SL iande Oeurtty Beard M Oany pmPemmcorddtadptlonallMraio>rMhYM RESOLUTION NO.12-013 A itE60 AMON of THE BOARD OF COUIPM COABAaSIONERs OF 97. LUCIE COUNTY GRANTING APPROVAL FOR AN AM1ENDIVENF TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM AR-1 (AGRICULTURAL, NESpENT1AL - 1 DU RACRE) To U fulfi n" FOR OMAN PROPERTY IN S[ LUCIE cOtORt(FLORWA APPLICAW. St. Ludo County U6116- FILE NUMBER: RZ 92009/011 Pupae« To .tutu ire ompany Irom AR-1 ftioukurd. RaWdeMW-i dulaa) to U Mllees) to dwelop the it. for fWwewattcow Wet toads UWa gpkm. of LEGALion 13, P' ,. The Gotith, Raw of the E e. LESS AND EXCEPT aft dehta of arayfar drainage viols and pile roads a0 tying In SL Ludo Courtly, S.W. L01 mic Eta fide dTaytoeDairy naaq appotldutmyK ate soutlr of Irhddc Road. �7he:flrafl ROB14iL^NEAfla/5mntl'dtr.ifem,urBlae'.ife%imfl5e 1 Lucia county sbn Guiding, Fat Phi-,RarldsoneM2lxgheiboat*0 Pke min saontieisdler as possible. AF iM:ir-"d perrant vA be Cil" m c,'P turd to lead. Whhten camreda recavad in advance of the public heaiirg will also be conal"ed, v%IW caarerde to the Bold of Co my Comniealahan strand be mehied by the Planing and Dndapment Services Department - Manolm CMaah at bad 3 dayn prior to the aired w hoeing. The pethen ill. b avdlebb for .* w et the Planing and pavebp rnent &nbw Dpsbront- PIa,1*g dficea located at 2300 M*b Aar she. 2 ° Roan Foil Nonce, Florida during tear ht,-',W bar« Ilse d (r12jt5'."e:'^ or TOO (T77JrCg-f A29 H you have any ques8 our a toquireaditiond adarrnetien aboutOJa petMorh. The SL tub County Board of Cow" Carcisaime , has the parrot to t niiety srd Veen om.y 'atift their area ot-ponsNrBity. Its paadrgi of In Bed d rnaTy Coaciolon as eN-AOYali PURSUANT TO SECr11N '1BG 04 0.ewiira STATUTE! B. P. A p V P ttdtcdts la AW.itar, saaNLMrr mail by the Bond a1 county &,;;a' boas with reepad to any matt c one dared at a meeting a hearing, I. t ire wit read .—.it I'd* ece piedage. For alit ptepase. hew she may steed to amare that a verbatim retard of the piaceedirge k nil, which woad noldee the testimony aid evidence yen vdAdr the appeal b to be beeed. Upon the request of any petty to tle ptoeeeing, ahividude tealh'bD duMg a h-log will be swtyn In. Any Party to me pawing y19 I= gam:d en *Fpctt uhy m cac -mom-rice omf try-.vi-e.d necessary, as Public heartig yin in b continued rromOm W Smatoadade-ealdn Myore w hh a iselhlRy xq dtaa2 amaramedMlans M amend u,' meeting aietAd contact the SL Lurie Cauniy Rhk Mai ege(a tun raeYelWit (eat thara par m toe mea0a9 a (/T7)16Y-1598aTA.0. (Tt4462-1429. Sr LUCIE OF COUNTY. Y. LOR1M1CJOtJFAS 1WTodM COt1HTHfYMAN 5/Tad Macey, Cc-19, 2 t'U81.fffr 011EJmhet&2M2 - ST. LUCIE COUNTY GROWTH MANAGEMENT 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 —Fax: 772-462-1581 www.stlucieco.gov/ rg owth DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Growth Management Department to schedule an appointment. Submittal Type [check each that appliesl Site Plan ❑ Major Site Plan ❑ Minor Site Plan o Major Adjustment to Major Site Plan ❑ Major Adjustment to Minor Site Plan ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Minor Adjustment to Major Site Plan ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Flood Damage Prevention ❑ Variance to Coastal Setback Line Rezoning 3 o Rezoning (straight rezoning) ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Rezoning with Plan Amendment Comprehensive Plan Amendment a ❑ Future Land Use Map Change ❑ Comprehensive Plan Text Amendment Other ❑ Administrative Relief ❑ Class A Mobile Home 5 ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 ❑ Land Development Code Text Amendment ❑ Plat ❑ Post Development Order Change El Re -Submittal # $ ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements 9 ADDlication Supplement Packages 1. Conditional Use 4. Comp. Plan Amendments 7. LDC Text Amendment 2. Variance 5. Class A Mobile Home 8. Re- Submittal 3. Rezoning / Zoning Atlas Amend. 6. Historical Designation/Change 9. Waiver to LDC/Comp. Plan Requirements 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 July 14, 2009 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — GROWTH MANAGEMENT Rezoning Application Type: Supplemental Application Package No.: 3 (Please provide separate fee calculation worksheet for eh application type) 0 BASE REVIEW FEE: T_ (A) 11 CONCURRENCY FEE: (B) p ERD REVIEW FEE: (C) p PER ACREAGE CHARGE: (D) Q RESUBMITTAL FEE: (if applicable) $ (E) R OTHER SUBTOTAL OF BASIC FEES p PRE -APPLICATION MEETING FEE: (F) Receipt No. of Payment: Date of Pre App: 8/27/2009 BALANCE OF FEES DUE: $ deduction 3 V_ P �(� /v SEPARATE CHECK FOR TRAFFIC IMPACT STUDY— Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code p $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 3rd party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Growth Management. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; ie. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Request Laurie Waldie, St. Lucie County Utility Director Applicant Name (Printed) Signature of applicant �J 6_a�a Q2 ice' o<� INTAKE REVIEWER - SIGNATURE DA E RIFIE BY- SIGNATURE DATE File Number: Receipt Number: 1Q11C. (For office use only) Page 2 of 6 Revised July 14, 2009 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: El Application, :completed in black ink, with property, owner signature(s) and notary seal (1 original and 9 copies) Aerial Photograph — property outlined (available from Property Appraiser's office Property Deed Legal description, in MS Word format, of subject property Property Tax Map — property outlined (electronic copy not required) 0 Survey EM 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) EM Concurrency Deferral Affidavit; or 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: • Site Plan 24"x36" at a scale of 1"=50' (10 copies- folded, not rolled) • Boundary Survey — Signed and Sealed (10 originals) • Topographic Survey — Signed and Sealed (10 originals) ® Landscape Plan — Signed and Sealed (10 originals) • 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: n Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) 0 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 July 14, 2009 Project Information Proiect Name: North County Regional Water and Wastewater Treatment Plants Site address: Taylor Dairy Road Parcel ID Number(s): 1313-430-0000-000-5 Legal Description: (Attach additional sheets if necessary — also must be proviaea in M5 wora rormai on tu) Attached Property location — Section/Township/Range: 13 34S 39E Property size — acres: 38 Square footage:1,655,280 Future Land Use Designation: MxD Zoning District: AR-1 Description of project: ning of property from AR-1 to U to allow for future County -owned water and wastewater treatment plants. (Attach additional sheets it necessary) Type of construction (check all applicable boxes): 0 Commercial Total Square Footage: Existing Proposed: El Industrial Total Square Footage: Existing 0 Proposed:208,000 ® Residential No. of residential units: Existing Proposed: No. of subdivided lots: Existing Proposed: 0 Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised July 14, 2009 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All requirements must be met prior to this project being presented for approval to the authority. St. Lucie County reserves the right to request additional information to ensure review of this project.. ACKNOWLEDGMENTS _Applicant Information (Property Developer): Name: St Lucie County Utilities Address: 2300 Virginia Avenue Fort Pierce, FL 34982-5632 Phone: 772-462-1150 Aaent Information: Name: Camp, Dresser, & McKee Address: 1701 Highway A1A, Suite 301 Vero Beach, FL 32963 Phone: 772-231-4301 appropriate appropriate a complete Fax: 772-462-1153 Fax: 772-231-4332 Email: WaldieL@stlucieco.org Email: yongetc@cdm.com Please indicate one individual to receive all official correspondence on this project. Name: Thomas C. Yonge Phone: 772-231-4301 Address: 1701 Highway A1A, Suite 301 Vero Beach, FL 32963 Please use an address that can Alternate Phone: 772-473-3400 Email Address: yongetc@cdm.com 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 shall 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. t L c :c' 7 roperty Owner Signature Mailing Address: 2300 Virginia Avenue Fort Pierce, FL 34982-5632 Laurie Waldie, St Lucie County Utility Director Property Owner Name ante Phone: (772) 462-1175 If more than one owner, please submit additional pages STATE OF t' i , , COUNTY OF The foregoing instrument was acknowledged before me this day of ,71 , 20 by tt C' _ X�Gf who irsonally know to me or who has produced as identification. t It , Lau C ignatu o Notary Typ��rmt ame o Notary 9;Q 0 ec Commission Number (Seal) 1PpYP UMWKDW •••`•;` g W COMMISi"# DD 862080 Revised July 14, 2009 a* EXPIRES: 2012 WWed Tutwy nm Supplement 3 Rezoning/Amendment to the Official Zoning Atlas Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 11.06.00 for details Current Zoning: AR-1 Proposed Zoning: U Current Future Land Use: MXD Acreage of the area to be rezoned: 38 Acres 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. This proposed amendment is not in conflict with any portions of the LDC. 2. Please give a statement describing any changed conditions that would justify a rezoning: This rezoning is necessary for the implementation of the proposed North County Regional Water and Wastewater Treatment Plants 3. Please state why there is a need for the proposed rezoning: The current zoning designation does not allow utility uses so in order to move forward with the facility as designated in the Comprehensive Plan, a rezoning is required. 4. Please state whether and how the proposed rezoning is consistent with the St. Lucie County Comprehensive Plan: This facility is specifically called for in the potable water sub -element (sub -element 6A) and the sanitary sewer sub -element (sub -element 6D) of the Comprehensive Plan. 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; Most of the surrounding properties are vacant; however, the land to the south is zoned "U", and the land to the east on the airport property zoned Industrial A U zoning would be compatible with these properties. Page 1 of 2 Revised: June 19, 2008 Supplement 3 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; This facility will obviously improve the capacity of the sewage and water supply public facilities and will not adversely affect any of the other listed capacities. C) Affects the natural environment; (If no adverse impacts expected, please state why.) There are wetlands that exist on site when the site plan is developed the applicant will attempt to avoid any impacts to these areas. D) Will result in an orderly and logical development pattern; This facility is necessary for the County to accommodate expected Growth in this area and will therefore contribute to the logical and orderly development pattern. E) Will adversely affect the property values in the area; This facility should serve to enhance property values 6. Please explain the applicant's interest in the subject property; St Lucie County, as the applicant has designated this site for the proposed facilty. 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. _South Florida Water Management District (SFWMD) has called for the County to implement a regional water supply in its Upper East Coast Water Supply Plan to meet supply deficiencies. The proposed plant will meet 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. Thomas C. Yonge Applicant or Agent Name (Printed) Signature Page 2 of 2 Revised: June 19, 2008 Saint Lucie County, Florida Property Appraiser's - Internet Mapping Print Service http: //www.pasle. org/StIPrintnew.asp?Cmd=SIZE&SelCmd=&MapWidth=903 &MapHeight=695 &acti... 8/14/2009 PROPERTY LEGAL DESCRIPTION OWNER: St. Lucie County PARCEL `ID: 1313-430=0000-000-5 LEGAL DESCRIPTION: The Southwest 1/4 of the Southeast 1/4 of Section 13, Township 34 South, Range 39 East, LESS AND EXCEPT all rights of way for drainage canals and public roads; all lying in St. Lucie County, Florida. (Taken from Boundary Survey performed by Culpepper Terpenning, dated 05-26-2005) Saint Lucie County, Florida Property Appraiser's - Internet Mapping Print Service http://www.paslc. org/StIPrintnew. asp?Cmd=SIZE&SelCmd=&MapWidth=903&MapHeight=471 &activ... 9/1 /2009 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 2637809 OR BOOR "?60 PAGE 2124, Recorded 06/02/2005 a* '`3:42 PM Doc Tax: $15960.00 This Document Prepared By and Return to: RICHARD W. ASCHENBRENNER, P.A. 9500 S. DADELAND BLVD., SUITE 360 MIAMI, FLORIDA 33156 Parcel ID Numb W r This d Bet y of the C unty St. L c3 "e rl.Mas -i"t' day of Kaplan, a in le woman 5 y, a p li sujSdiv on a Stat May D , 2005 Lie of , grantor, and F14a, whose address is: Z3W Virginia Avenue, Fort Pierce, FL 34982 of the County of St. Lucie , State of Florida , grantee. Witnesseth that the GRANTOR, for and inconsideration of the stun of ------------------------TEN DOLLARS ($10)----------------------- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of S t . Lucie State of Florida to wit: The Southwest 1/4 of the Southeast 1/4 of Section 13, Township 34 South, nge at, L S XCEP a High ofVas e canal an lic roa s; yi an e' S Florida. SUB C TO taxes fo t e year 20 5 and s nt e SUB C TO existing o nants, on itio a rictiand limi ti ns of r6t?or 1 anv. and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. � I s the day and vear i abov written tten. 1 (Seal) STATE OF Florida COUNTY OF Miami -Dade The foregoing instrument was acknowledged before me this day of May , 2005 by Betsy H. Kaplan, a single woman she is personally known tome or she has produced her Florida driver' i "/nose as' tification. RicMtdW.AtG►enbMnner Printed Name: 0 DD415623 . IJ, 2n�►p tnPr � May 31. 2009 Notary Public ?� arr.ar rrn•r.aawrsaaooar► My Commission Expires: KAPLAN—A Lu G. —4dbyOD'upl.),Sp j.., 2003 (863)763-5555 Fm FLWD-t I Laurie Waldie Name Fort Pierce City have applied for a St. Lucie County Concurrency Deferral Affidavit residing or doing business at 2300 Virginia Avenue Street FL 34982-5632 772-462-1150 State Zip Phone Rezoning from St. Lucie County, Florida, Type of Development Order for the following project: North County Regional Water and Wastewater Treatment Plants Name of Proposed Development I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above properly until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make DO guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code; no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Date: �f Signed: _ i,�`. %' , �., Applicant STATE OF FLORIDA /I ,, COUNTY OF u I /�.,t,fi T e f0f egoing instrumennt��was acknowledged before me this D y of fi , 20�, by m ,(�' �r 1 — M&L who i ersonally known o me or who has produced as identification. Signature of Notary Type or Print Name of Not Ay 0 Commission Number (Seal) LISAWALDROP * * MY COMMISSION 1 DD 882080 EXPIRES: January 8,2012 BOFM Tta Budget Notsry Sans Page 1 of 1 Revised: April 1, 2008 St. Lucie County Utilities Taylor Dairy Road Utility Plant Site Synopsis I. August 2004, County authorized CDM to do an analysis of potential sites to construct a new wastewater treatment plant (WWTP) to service the entire North County area. County's existing two North County WWTPs are near maximum capacity. The study entailed: a Growth Management identified several potential sites for investigation. o Evaluated 7 sites, some for sale, others not. (Exhibit A, Potential Site Location) o Five main categories were used to evaluate/rank the sites. ■ Technical/Physical, Environmental, Compatibility with Government Regulations, Social/Political and Cost Factors 2. The Taylor Dairy Road site, not on the original list but adjacent to the high ranked parcel on the Airport property, became available and the County pursued -acquisition of the 38 acre parcel. o March 2005, BOCC approved the purchase for a wastewater treatment plant for approximately $2.3M. (Exhibit B, Agenda Item.) o April 2005, BOCC approved budget transfer from various utility accounts to pay cash for the property. (Exhibit C, Agenda Item.) o April/May 2005 two appraisals of the property were completed with market values at $2.375M and $2.3 M. o Site falls within centrold of wastewater demand; minimizes piping infrastructure. (Exhibit D, Map.) 3. Site analysis was completed in January 2008 to confirm the proposed Water and Wastewater plants can be accommodated on the Taylor Dairy Road site. o Conceptual layout has been completed showing the site has adequate room for both facilities and neighborly buffer of 300+ feet. (Exhibit E, Site Plan) o Reduced plant size based on current projections resulted in much smaller acreage requirement vs. 2004 study; conceptual layout will allow for future expansion, if needed. o Based on the population projections in 2004, it was estimated that a 34.4 mgd regional wastewater plant was needed with 68.8 acres required. (Exhibit F, CDM e-mail) o Anticipate 2 mgd of capacity for each treatment plant initially, with future expansion to 6 mgd each. Reduced size based on populations projections allowed by SFWMD in the Water Use Permit (WUP) approval process. 4. Water Use Permit, or Consumptive Use Permit, was received March 2008 from SFWMn for a water plant at this site, and the supply wells from the Floridan Aquifer were permitted for that location. (Permitting effort cost approximately $160,000.) SLCU/L. Waldie/TD Rd Bullets 1 March 16, 2011 o If the location is changed, the WUP would need to be "reopened" and the modeling completed for new well locations (wells can only be shifted within 200 feet of modeled location without permit modification.) o The water supply wells could be on the Utility site and the plants on an eastern site; however, the property would still need to be rezones! to Utilities for the supply wells. 5. A wetland delineation study, tree survey, and threatened and endangered species survey were completed by CDM prior to completion of the conceptual layout. o October 2010, ERD completed their report of the environmental significance of the Utility site as well as 4 other sites on the Airport Property. (Exhibit G, Report on Sites with map) o Please note, in response to a P&Z member, per ERD, "An Environmental Impact Statement is not required for a rezoning. At the time of site plan submittal, an Environmental Impact Report will be required per Section 11.02.09.A.5:' 6. August 2009, rezoning application was submitted to change to U (Utilities). February 2011, P&Z denied the rezoning to Utility. o The zoning is currently AR-1 (Agricultural, Residential —1 du/acre) 7.. Staff looked at other county properties where a swap might occur as the Utility does not have any funds to purchase an alternate site. o There were no suitable sites. o The Utility District has a responsibility to its ratepayers to be fiscally prudent with all funds. The property was acquired for the benefit of the rate payers and should be used for such, or the Utility compensated. 8. FAA Concerns/Issues will be addressed o Land use must be compatible with airport operations, Utilities designation is compatible. o Height restrictions apply; no structures on the conceptual layout trigger significant height issues. (Exhibit H, Site w/runway) o Wildlife Hazards — all potential hazards will be mitigated to meet FAA standards. 9. FAA requirements/approval would need to be met whether the plants were on the Utility site on Taylor Dairy Rd. or on an Airport property site to the east. o Utilizing Airport property acquired with FAA grants for the utility is not an approved use by FAA and as such, the funding agreement states the grant would need to be paid back. o However, it also says, "...or is leased for non -aviation purposes with derived income being used for other than capital improvement projects, airport operations or airport maintenance." SLCU/L. Waldie/TD Rd Bullets 2 March 16, 2011 ■ It appears if lease money is used as noted above, and not for other purposes, then airport property could be used. (Exhibit 1, Supplementary Agreement with FAA) ■ A lease to the Utility May have to be based on fair market value as -we. understand FAA requires the airport to charge FMV to any facility constructed on airport property. (Confirming with FAA) If that is the case, this of course would be a hardship to the utility, and in essence the rate payers would be paying twice. 10. It was noted that the County should get,a waiver from FAA in Washington to build on one of the airport property sites to the east, the old FEMA site appeared to be favored. o There are more "neighbors" with 19 homes and 103 units (Indian Pines Village and Heather Way) facing the airport off of Indrio Rd. o The old FEMA site does not have the same level of natural trees/shrub buffer as planned for the Taylor Dairy Road site, approximately 330 feet. (Exhibit J, Site Map) o County staff did meet with FAA airport district office in Orlando who discussed our situation with Atlanta regional FAA. 11. Initial site work/test wells would not occur until at least 2013 with the construction not planned until 2014. Total project cost estimated at over $40 M. These projects will continue to be pushed out a year with each new 5-Year Capital Improvement Plan until the projects are ready to go with BOCC approval. 12. It is necessary to finalize a location as regulatory documents state the County will be building plants there to provide the needed water/wastewater treatment for future customers_ o Utility provides updates to both FDEP and SFWMD in regard to our plans for required future capacity and concurrency. o County has submitted their Five -Year notice to FPUA with respect to the bulk water agreement. (Exhibit K, letter) 13. The Utility strives to be a good neighbor while providing the* Utility services required by a growing community. o The Utility will maintain a buffer between the public road and plant Infrastructure as we have at the South Hutchinson Island Wastewater Treatment Plant. (Exhibit L, Picture SHI WWTP) SLCU/L. Waldie/TD Rd Bullets 3 March 16, 2011 Q_ U.S. Department of Transportation Federal Aviation Administration February 16, 2011 Mrs. Laurie Waldie Utility Director St. Lucie County — Utilities Department 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mrs. Waldie: Orlando Airports District Office 5950 Hazeltine National Dr., Suite 400 Orlando, FL 32822-5003 Phone: (407) 812-6331 Fax: (407) 812-6978 RE: St. Lucie County International Airport FAA Preliminary Review - Rezoning of County Parcel for Utility Use As a follow up to our meeting held at the FAA Airports District Office (ADO) on January 19, 2011, Mr. Bart Vernace, ADO Assistant Manager met with the FAA Southern Region regarding your proposal. The construction of a future water treatment plan (WTP) is feasible provided a new design of the facility is reviewed during the 7460-1 / Airport Layout Plan (ALP) change process. The new pond design must either show a dry pond at its current location or a future wet pond to be located on the north side or the parcel, making this retention water facility as far as possible from the Aircraft Operational Area (AOA). If the airport sponsor decides to construct a wet pond, the design shall meet FAA ADO's guidelines for the construction of wet ponds on -airport property. The design guidelines provide the following: • Pond side slopes should be 2:1, bank slopes minimum 4:1. • Rip Rap should be placed around the .perimeter of the ponds to keep birds out of the water where depth is less than four (4) feet and to keep birds off the banks. • Eliminate aquatic vegetation in ponds (if any) and keep vegetation from growing in the ponds though a maintenance program. • Monitor ponds for bird activity and implement harassment and/or exclusion and habitat alteration to eliminate said activity. In the event any of these retention facilities create a wildlife attractant problem, the sponsor agrees to take immediate action by applying other mitigation techniques such as the installation of electrical fencing, and/or wire grid. Fencing design can be obtained from the USDA National 2 Wildlife Research Center, Starksville, MS (point of contact is Mr. Mark Tobin and can be reached at 601-325-8215). The sponsor/airport owner should also notify the FAA Airports District Office (ADO) and contact the USDA to immediately resolve / remove any potential wildlife hazards within the facility, The construction of an open tank wastewater treatment and reclamation facility (WRF) is inconsistent with FAA AC 150-5200-33, Hazardous Wildlife Attractant On or Near Airports. Therefore, we object to this portion of the proposal. If you have any other questions and/ or concerns, I can be reached at 407-812-6331. Sincerely, "Original Signed By" Bart Vernace Assistant Manager cc: Todd Cox, Airport Manager, St. Lucie County Jill Grimaldi, CDM Inc. Nicole Notz, FDOT District 4 LW U.S, Department of Transportation Federal Aviation Administration November 4, 2010 Mrs. Laurie Waldie Utility Director St. Lucie County — Utilities Department 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mrs. Waldie: Orlando Airports District Office 5950 Hazeltine National Dr., Suite 400 Orlando, FL 32822-5003 Phone: (407) 812-6331 Fax: (407) 812-6978 NOV -S2010 4 AIRPORT 4 E. _. ST. Lucie CMITv RE: St. Lucie County International Airport FAA Preliminary Review - Rezoning of County Parcel for Utility Use This is in response to your letter dated September 21, 2010, regarding the use of 37-acre parcel of land adjacent to the County -owned St. Lucie County International Airport (FPR) for the construction of a water treatment plant (WTP) and a future water reclamation facility (WRF). As stated in your letter, the "County -owned St. Lucie County International Airport" is owned and operated by the St. Lucie County, better known as the airport sponsor. As you may know, the airport property is obligated under federal grant assurances, meaning, the sponsor (St. Lucie County) assumes certain obligations pertaining to the operations, use, and the maintenance of the airport. These obligations are part of the terms and conditions stipulated on each federal grant agreement accepted by the St. Lucie County. A preliminary review was conducted and the proposal was found to be a conflict with FAA Advisory Circular (AC) and could adversely affect the safe and efficient utilization of the St. Lucie County International Airport. Therefore, we object to this proposal based on the following: • Given the ownership of the property are under the same governmental body (the County), the requirements of Grant Assurance No. 20, " EIazard Removal and Mitigation" and No. 21, "Compatible Land Use" apply. Grant Assurance No. 20 states: "It (the County)will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be 2 adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating_existing i port hazards and by preventing the establishment or creation of future airport hazards. " Grant Assurance No. 21 states: "It (the County) will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations.... " The proposal is also inconsistent with FAA AC 150-5200-33, Hazardous Wildlife Attractant On or Near Airports. o Section 2-3d, Water Management Facilities, New Wastewater Treatment Facilities: "The FAA strongly recommends against the construction of new wastewater treatment facilities or associated settling ponds within the separations identified in Section 1-2 through 1-4. Note that the all recommendations contained within this AC become mandatory for all airport sponsors receiving federal funds. o Section 1-4, Airports protecting approaches, departures and circling airspace where requires a minimum of 5 statue miles within the farthest edge of the Aircraft Operational Area (AOA). o Section 4-3a, Airports that have received Federal Rrant-in-aid assistance are required by their grant assurances to take appropriate actions to restrict the use of land next to or near the airport to uses that are compatible with normal airport operations. The FAA recommends that airport operators to the extent practicable oppose off -airport land -use changes or practices within the separations identified in Section 1-2 through Section 1-4 that may attract hazardous wildlife. Failure to do so may lead to non- compliance with applicable grant assurances. The County's letter also mentions an existing large body of water south of the proposed site and in close proximity to the airfield that may already create an attractant to wildlife, hence making it an existing wildlife hazard for the area. If your assumptions are correct, the County needs to immediately address this issue and mitigate the hazard in accordance with Grant Assurance No. 20. 3 I hope the information above have answered all your questions and concerns. If any other questions and/ or concerns, I can be reached at 407-812-6331, Ext. 133. Sincerely, "Original Signed By" Pedro J. Blanco Program Manager cc: Todd Cox, Airport Manager, St. Lucie County Jill Grimaldi, CDM Inc. Nicole Noltz, FDOT District 4 TO: FROM: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA Todd Cox, Airport Manager Daniel S. McIntyre, County Attorney U lk C.A. NO.: 10-0755 DATE: June 11, 2010 SUBJECT: Airport Land Acquisition Joint Participation Agreements As requested, I reviewed the attached Joint Participation Agreements with the State of Florida Department of Transportation providing for land acquisition at the St. Lucie County Airport. Each of the Agreements contain the following provision requiring repayment of the grant amount to FDOT in the event the property acquired with grant funds is used or leased for non -aviation purposes: If the Agency does not use the acquired land for aviation purposes or is leased for non -aviation purposes with derived income being used for other than capital improvement projects, airport operations or airport maintenance. If you have any questions, please let me know. DSM/caf Attachment Copy to: Planning & Development Services Director WPI No. 4829223 JOB No. 94000-3824 SUPPLEMENTARY AGREEMENT DATE ,1 11N 0 1 1 9 AMENDED EXHIBIT "A" (CONTINUED) THE AGENCY AGREES TO: I. Acquire the land interest in accordance with the Uniform' Relocation Assistance and Real Property Acquisition Policies Act of 197-0 and the National Environmental Policy of 19.69. Reference FAA Advisory Circular 150/5100-11 and FAA Order 5050.4 (para. 33). See Exhibit "D" for additional conditions. 2. As. soon as possible apply for additional Federal Grants through the FAA under the Airport Improvement Program (AIP) for the purchase.of the land involved in this agreement, and be responsible. for all assurances, obligations, certifications and signatures,nedessary for the execution of the Grant Agreement. 3. When federal funds become available or within ten (10) years after the date of acquisition, whichever is earlier, the Department will be reimbursed to the normal statutory share from such funds as may be lawfully.budgeted and appropriated by the Agency. 4. Remain responsible for all contract letting and administrative procedures. necessary for the acquisition of the above land interests. 5: Secure in ..writing from the Department, permission to execute each agreement with any third party. 6. Submit for Department review and acceptance all appraisals and appraisal reviews. 7. Furnish to the Department a projected schedule of events and a cash flow projection within 20 days after completion of the review appraisal. 8. Establish a project account for purchase of land interests. 9. Be responsible for collection and disbursement of Federal, State and Local project funds including reimbursement to the Department back to the State Share of the Cost. 10. Be Responsible for conducting the necessary acquisition services in accordance with applicable State and Federal law. 11.: .:Amend the .Airport. Zoning Ordinance and include the airport's new land acquisition. 12. To complete the land acquisition, update the airport master plan and airport layout -plan and make application to the FAA for a Federal Grant Project with State Participation for airport improvements. DOC31.2/CM 13 WPI No. 4829223 JOB No. 94000-3824 SUPPLEMENTARY AGREEMENT DATE �� AMENDED EXHIBIT "A" (CONTINUED THE DEPARTMENT AGREES TO: 1. Review and accept any contract between the Agency and its contractor(s). 2. Review and accept appraisers, appraisals and appraisal reviews. 3.::.Issue a release for land purchase. 4. Provide funds for payment of 75% of all Department approved acquisition services to a maximum of $ 9,r75,000.00, which may be performed prior to execution of the Federal Gran'. Agreement. TERMINATION AGREEMENT The amount of the State Grant .11 immediately become due and payable to the Department if: 1. If, the Agency does not use the acquired land for aviation purposes or is leased for non -avian on purposes with derived income being used for other than capital improvement projects, airport operations or airport maintenance. 2. If Easements are granted by 'Lhe Agency as restricted by Exhibit "D". The Agency will repay the De, jartment a sum equal to the State's percentage of participation (see Su=.ary of participation, EXHIBIT "B") based on the appraised value of the property at the time of repayment. DOC31.2/CM 14 FEBRUARY 17, 2011 PLANNING & BONING COMMISSION MEETING MINUTES AND STAFF REPORT I St. Lucie County 2 Planning and Zoning Commission/ Local Planning Agency 3 Roger Poitras Annex, Commission Chambers, 3Id Floor 4 February 17, 2011 Meeting 5 6:00 p.m. C. 7 In the event of a conflict between these written minutes and a compact disc 8 recording, the compact disc shall control. 9 10 I. CALL TO ORDER 11 Chairman Mundt called the meeting to order at 6:00 p.m. 12 A. Pledge of Allegiance 13 B. Roll Call 14 Craig Mundt ..................................... Chairman 15 Britt Reynolds .................................. Vice -Chairman 16 Cathy Townsend .............................. Commission Member 17 Edward Lounds................................ Commission Member 18 William R. Blazak ............................. Commission Member 19 Brad Culverhouse ............................ Commission Member 20 Charles Grande ............................... Commission Member 21 Stephanie Morgan ............................ Commission Member 22 Marty Sanders ................................. Ex-Officio Member 23 24 Members Absent 25 Barry Schrader ................................. Commission Member (excused) 26 27 Staff Present 28 Mark Satterlee ............................. Planning & Development Services Director 29 Kara Wood..................................Planning Manager 30 Heather Young ................................. Assistant County Attorney 31 Linda Pendarvis ............................... Planner 32 Beverly Austin .................................. Recording Secretary 33 Laurie Waldie ............................... Utility District Director 34 Todd Cox ........................... I........ Airport Manager 35 WV DRAFT Page 4 of 16 106 Mr. Lounds made a motion to approve the rezoning application because it fits 107 what the applicants are planning to do and it matches the adjoining property 108 and should not impact the neighborhood. 109 Mr. Reynolds seconded the motion. The roll was called with the. commission 110 agreeing unanimously. The motion carried 9-0. ill 112 B. North County Regional Water and Wastewater Treatment Plants 113 Rezoning: RZ 920094011 — continued from October 21, 2010 Meeting. 114 Petition of the St. Lucie County Utilities for a change in zoning from the 115 AR —. 1 (Agricultural, Residential — 1 du/acre) Zoning District to the U 116 (Utilities) Zoning District to accommodate the proposed North County 117 Regional Water and Wastewater Treatment Plants. Staff comments and 118 presentation by Kara Wood. 119 Ms. Wood stated on September 15, 2009, St. Lucie County Utilities presented a 120 petition for a change in zoning from the AR-1 (Agricultural, Residential — ldu/ac) 121 Zoning District to the U (Utilities) Zoning District on a 38 acre parcel of land. A sign 122 was posted on the property with the dates of the public hearings and an ad was 123 published in the newspaper regarding the proposed rezoning. Mail notice is not 124 required by Code; however, notice was provided to fully inform all surrounding 125 property owners. Property owners were also contacted prior to this meeting to notify 126 them that this item was scheduled to be heard. The subject property is located on 127 Taylor Dairy Road approximately % mile south of Indrio Road, just north of airport 128 property. The Development Review Committee (DRC) certified the application to 129 move forward to the public hearing process on December 3, 2009. The Board of 130 County Commissioners .(B000) authorized permission to advertise required public 131 hearings on December 15, 2009. Land Development Code section 11.00.03 132 requires one hearing before the Planning & Zoning Commission and two public 133 hearings before the BOCC. This item was originally scheduled for public hearing by 134 the Planning & Zoning Commission in January 2010 and was continued four times 135 during last year to allow staff to address various issues. During that time, a 136 neighborhood meeting was conducted, possible alternative sites were investigated, 137 and more specific inquiries were made to the Federal Aviation Administration (FAA) 138 about the effects of the proposed project. Staff recommends that the Planning & 139 Zoning Commission forward a recommendation of approval to adopt Resolution 11- 140 007 to the Board of County Commissioners. 141 Ms. Grimaldi, the Utilities consultant and agent gave a presentation to address 142 further history on the proposal. Planning and Zoning Commission February 17, 2011 Minutes N U7I Page 5 of 16 143 Mr. Grande asked about item G on the staff report which states... "Whether and the 144 ' extent to which the proposed amendment would adversely affect the property values 145 in the area..." he stated by paraphrasing the answer, any affect would be positive 146 maybe generally true but he thinks there should have been a note about the 147 potential impact on the folks directly across Taylor Dairy Road. Even though they 148 may benefit from the utilities, it's hard to believe that the impact on their property 149 values would be positive or do you think it will be? 150 Ms. Wood stated that was true and admitted that it was a globalization of that 151 answer and it was discussed. 152 Mr. Grande stated potential negative impacts should be part of the report. 153 Ms. Wood agreed and it would more clearly qualify that when this application goes to 154 the Board of County Commissioners. 155 Mr. Lounds asked about the map that shows the other three alternate sites. 156 Ms. Wood asked the alternate sites that were mentioned in the Environmental 157 Resources report or alternate sites that were investigated prior to the purchase of 158 the property. 159 Mr. Lounds stated he was looking at page 2 of the report under environmental 160 resources and assumed that those were alternate sites that were considered. 161 Mr. Mundt stated they were on page 4 of the environmental report. 162 Mr. Blazak asked about the environmental impact report where wetlands are 163 delineated on the site plan; are those just delineated from an aerial or have those 164 been flagged and tied in by survey? 165 Ms. Alger stated a formal delineation is not required at this point; a rough delineation 166 is required of the wetlands at this point. She could not recall off -hand how they were 167 delineated; but was sure they used at least the aerials and they did go out on the 168 site and did tree surveys, listed species and documented conditions of the wetlands. 169 When we get into the site plan process, then we require the boundary survey with. 170 the wetlands shown in more precise detail at that time. 171 Ms. Waldie stated on -site surveys were done, they didn't just do aerials. 172 Mr. Blazak stated the site plan that was in the packet was broad -brushed so he 173 asked staff for a detailed copy of it. Is there a reason why the detailed site plan was 174 not put in the packet because it has the well locations, deep well locations and 175 everything else that is on the site? Planning and Zoning Commission February 17, 2011 Minutes DRAFT Page 6 of 16 176 Ms. Wood stated the information was provided for informational purposes along with 177 the packet just to show that there has been some level of investigation done for the 178 future site planning but the site plan is not a subject of discussion for this hearing. It 179 will be completely reviewed at the time of site plan submittal. That level of 180 investigation has not been completed. 181 Mr. Blazak stated focusing on the zoning, for the activities going on there, for the 182 board's information, 400 foot deep is surficial aquifer wells. The location to these 183 wetlands without hard delineation of the wetlands, he guesses they need hydrology 184 and an impact report to know the environmental affect on this piece of property. 185 Ms. Grimalde clarified the wells are not surficial aquifer wells; they are Floridan 186 aquifer wells that are anticipated to be about 800 feet deep with 400 feet of casing. 187 They will not have an impact on wetlands or surface waters. 188 Mr. Blazak stated he asked for the permit and the permit stated they were 400. 189 Ms. Grimalde stated the permit is in two parts; one is the surficial wells that are 190 located at the Holiday Pines water plant, which are surficial and the proposed wells 191 which are Floridan aquifer wells. The five wells that are proposed for this site are 192 Floridan aquifer. Which would be anywhere from 700 to 900 feet when drilling starts. 193 Mr. Blazak asked in addition to the deep well on the property? 194 Ms. Grimaldi stated correct. 195 Mr. Blazak asked if they had anticipated the depth of the deep well? 196 Ms. Grimalde stated in this area it is between 3,000 and 3,500 feet but you don't 197 know until you actually start drilling. 198 Ms. Grimalde began her presentation. 199 Mr. Grande asked about the airport site that was part of the original site is actually 200 the site in the latest group of alternatives is called Site B. 201 Ms. Grimalde stated yes and continued her presentation. 202 Mr. Grande stated that any sites to the east that are currently airport property, even 203 though the proposed sewer and water facilities would serve the airport; it is being 204 stated that we would be having a problem with the Florida Aviation Administration 205 (FAA). 206 Ms. Grimalde stated correct; we met with FAA on January 19 and explained all the 207 options that were evaluated and the issues tied to this specific site from a local Planning and Zoning Commission February 17, 2011 Minutes DRAFT Page 7 of 16 208 perspective. FAA stated that the airport property along Indrio Road was purchased 209 with Florida Department of Transportation (FDOT) grants and the property south of 210 that which is due east of this site on the airport was purchased with FAA grants. The 211 grant assurances dictate what the properties can be used for and this is not an 212 acceptable use to the FAA under the grant program. 213 Mr. Lounds asked for it to be explained. simpler, he does not understand. 214 Mr. Cox stated the issue the FAA has is under the Title 49 United States Code, there 215 is a grant assurance that talks about hazard mitigation and compatible land use. 216 The two grant assurances that are tied to Title 49, the FAA looks at this project as 217 being incompatible with what they consider should be proper development of the 218 airport and also as a possibility of introducing a hazard to the airport with the new 219 runway. The new runway pattern runs down -wind of Indrio Road over the top of 220 where the wastewater plant would be. FAA has said that right now based on how we 221 see it, it would be incompatible, however, we really can't see anything until we 222 actually see the site plan which is further down the road and that has to be submitted 223 not only through headquarters at FAA, Southern Region. FAA, it also has to go to 224 Environmental Protection Agency (EPA), United States Department of Agricultural 225 (USDA), and other regulatory agencies that have to review it and then they will 226 submit an official letter back to the County in regards to how they see it. 227 Mr. Satterlee stated when the county originally looked at these locations, at the time 228 the property was bought the difficulties of locating it on the airport property that was 229 bought with the grant money from FDOT and the FAA; had us move off the airport 230 property where those conditions didn't exist and those laundry list of issues with the 231 federal government would not exist to the extent that they do on the other property. 232 Ms. Grimaldi continued her presentation. 233 Mr. Lounds asked that no building on the site would be over two stories and if you 234 shifted it to the east on Site B; that two story height has an effect on what the FAA 235 would approve? 236 Ms. Grimaldi stated the FAA approval on Site B has little or nothing to do with the 237 actual height of the structures on the property; it is driven mostly by the grant 238 assurances. 239 Mr. Lounds asked that it comes down to how we pay for Site A versus what we can 240 do with Site B? 241 Ms. Grimaldi stated FAA gave the County money to purchase Site B for aviation 242 based use. They do not view this as being a benefit to the airport. Planning and Zoning Commission February 17, 2011 Minutes DRAFT Page 8 of 16 243 Mr. Mundt asked if the funds that were provided by FAA used to buy Site B. 244 Ms. Grimaldi stated the property east of the site; the Taylor Dairy site. 245 Mr. Mundt asked not the site that's under consideration. 246 Ms. Grimaldi stated correct; that was purchased with utility funds. 247 Mr. Grande asked if there was a letter or a written report or anything official from the 248 FAA saying that they won't allow a utility use on Site B. 249 Ms. Grimaldi stated not specifically but it is apparent from the county's grant 250 document. 251 Mr. Grande stated the standard documents they issue on every piece of land that is 252 bought to serve as an airport; but now we are coming forward with a utility use that 253 would serve the airport and he would be looking for them to tell him in writing 254 officially that you can't do this. Site B with the growth potential in that area is more 255 than twice the size of this site. It is much further back from the road; this site would 256 buffer Site B from Taylor Dairy Road. He does not think there is a rational reason 257 why this is better than Site B. The reason we are discarding Site B (which we 258 owned already) is the boiler -plate grant conditions which we have not challenged or 259 asked about. 260 Ms. Grimaldi stated it has been asked about, we have not formally requested a 261 written determination but we have met with FAA staff on a few occasions and 262 provided maps to them with alternate sites identified and they immediately shut 263 down the discussion about putting it on the airport property that was purchased with 264 the grants. 265 Mr. Lounds stated he was trying to get his head around the grant issue that the FAA 266 gave the county to buy Site A. 267 Ms. Grimaldi stated Site B. 268 Ms. Grande stated Site B was voted to be part of the airport with FAA grant funds. 269 Utilities put two million plus of utility money into buying Site A. 270 Ms. Grimaldi stated Site A is the property that we are looking to be re -zoned which is 271 the 37 acre property that was purchased with utility funds. Sites B, C, and portion of 272 D were purchased with FAA grant assurances and FDOT grant funds. 273 Mr. Lounds stated Site A was purchased with utility funded money and we own that. 274 We own Site B that was purchased with grant money but because it was purchased Planning and Zoning Commission February 17, 2011 Minutes DRAFT Page 9 of 16 275 with grant money, we can't put a water treatment plant there. I don't understand 276 that. 277 Mr. Blazak asked wasn't it stated earlier that if FAA had a site plan to look at they 278 may consider it. 279 Ms. Grimaldi stated the FAA won't make a formal determination on anything until you 280 submit an application which is the 7460 Proposed Development Form for the FAA. 281 With that application, we will submit the site plan on Site A or Site B and they will 282 come back and tell us whether or not it is acceptable to FAA. The discussions that 283 we have had with the FAA folks in Orlando, and they took it to the FAA regional office 284 in Atlanta; came back and said they won't entertain any construction of utility 285 projects like this on the airport property that was purchased with grant money. They 286 will not make a written determination until an application is submitted. 287 Ms. Waldie stated this is looked at as re -zoning; the Utilities Department purchased 288 it based on Board direction and are moving forward but until we get the re -zoning 289 done no more dollars will be going into this. There were numerous meetings with 290 Environmental Resources Department (ERD), there is an understanding that there 291 are things that we may have to mitigate and are willing to do that. This need to 292 move forward with the re -zoning yes or no and decide where we need to go, but 293 there is 'no other funds to continue moving forward if this is not going to get re- 294 zoned. 295 Mr. Culverhouse stated he echoes Mr. Grande's concerns. Having worked in 296 Washington and Capital Hill, he is concerned there is nothing in writing from the FAA 297 saying what their position is and there are always waivers and exceptions. He 298 stated that he can't vote for this site or this plan. When this came before the 299 commission a year ago, we told you we did not like this and we asked you to look at 300 other sites. 301 Ms. Grimaldi stated the last several months were spent looking at alternative sites 302 that were owned by the county. 303 Mr. Grande followed up on the point that was made; the over flight pattern over Site 304 A is the same over Site B at exactly the same altitudes. We already own Site A and 305 Site B so we have a choice of putting this plant anywhere on Site A and Site B that 306 will be approved by the FAA. I don't have a problem zoning this property utility and 307 joining it with Site B. But I would strongly recommend that the site plan that is 308 submitted not site the plants on this parcel. We should be submitting a plan to the 309 FAA with the water plant and sewer plant on Site B. The other thing that is hard to 310 visualize on what's been shown on the screen is Site B is twice the size as Site A Planning and Zoning Commission February 17, 2011 Minutes DRAFT Page 10 of 16 311 because it runs all the way up to Indrio Road. Whereas, this piece has a privately 312 owned half on the north side of it. We already own this and we can't give it back and 313 it doesn't really matter what it is zoned but it would be a shame to submit a site plan 314 on this parcel because of some verbal information that we got unofficially from the 315 FAA. There is a process for submitting an application for a waiver. This is almost 316 impossible for them to turn down because these utilities would serve the airport. 317 Ms. Grimaldi wanted to clarify two items, first the aquaculture site to the north of the 318 subject property is owned .by the county now and secondly if the FAA were to 319 somehow give clearance for the construction of this facility on Site B, the FAA 320 requires regardless of the funds that were used to purchase it, that the airport 321 charge fair market value and lease to any facility constructed on airport property. In 322 addition to the 2.3 million dollar capital outlay to purchase the property for the utility 323 site, they would have to pay lease fees back to the airport as well and those funds 324 are not available. 325 Mr. Culverhouse stated he knows that is what existing regulations say but there are 326 always waivers. 327 Mr. Reynolds asked if we own Site D. 328 Ms. Grimaldi stated yes, it is owned by the airport. 329 Mr. Reynolds stated the environmental resource report states that Site D has the 330 least impact of anything from environmental impacts. 331 Ms. Grimaldi stated it is also the site that puts the facility the closest to the residents 332 north of Indrio Road. That was a consideration beyond the environmental concerns. 333 Mr. Lounds asked if the well permits were in place at this time for Site A. 334 Ms. Grimaldi stated the 20-year water use permit the county currently holds that has 335 been issued by South Florida does include five wells on this property; they have not 336 been constructed yet. 337 Mr. Lounds stated with that thought in mind in having to re -permit for wells in Site B, 338 you follow Mr. Grande's thoughts and move the construction of the Site B, can you 339 not relieve your wells at Site A and pump to Site B? Is that a possibility so you don't 340 have to re -permit and take that consideration out of the equation? 341 Ms. Grimaldi stated yes. 342 Mr. Lounds further stated that it goes back to how well we can address the FAA and 343 what kind of carrot we dangle to them to allow us to go to Site B with the grant Planning and Zoning Commission February 17, 2011 Minutes DRAFT Page 11 of 16 344 monies that we purchased it with. There is still an issue with the monies that we 345 used to purchase Site B, is there not? 346 Ms. Grimaldi stated correct. 347 Mr..Lounds stated if we overcome all the other issues, we still have to overcome the 348 issue of where we got the money to buy Site B. 349 Ms. Grimaldi stated that can be pursued further with the FAA and go higher up in the 350 chain, the discussions that we had with FAA originated around their support or lack 351 of support for the re -zoning at this point because that was all that was being 352 presented. They are fully supportive of the utilities' designation, which is not an 353 issue. 354 Ms. Young stated for purposes of clarification, 'if you are going to have the wells 355 constructed on Site A and then pump the water to Site B that is a commercial water 356 use and you would have to still re -zone that property to Utilities. 357 Mr. Lounds stated there is not a problem with Site A being zoned utilities as long as 358 the construction is pushed back to Site B. 359 Ms. Young stated under the current zoning you would not be able to do that, you 360 would have to re -zone it to Utilities in order to move the water from Site A to Site B 361 for commercial use. 362 Ms. Morgan asked how many acres is this project going to take up. 363 Ms. Grimaldi stated she does not have the actual takeoffs from this figure, but can 364 get that. The entire site is 37 acres and the actual structure for the facility would 365 occupy half of that. 366 Ms. Morgan stated in looking at the other alternate site locations in which Site D is 367 268 acres which is you use maybe 25 or 30 acres for the plant; going back to the 368 location, you could put this is the southeastern corner which is not going to be any 369 closer to the houses on Indrio Road as they are on Site A up to Indrio. The other 370 thing is that Environmental Resources Department (ERD) recommends Site D. It is 371 hard to swallow that we are pushing for Site A when ERD is recommending Site D. 372 Ms. Grimaldi stated she did not disagree with Ms. Morgan that Site D would work, if 373 we did not have the restrictions from FAA which we have not pursued beyond the 374 staff in Orlando because we were not to the point to present an actual site layout 375 and application to them. Site D could work if we did not have the restrictions for the 376 grant funding but Site A was the site that had already been purchased by Utilities Planning and Zoning Commission February 17, 2011 Minutes DRAFT Page 12 of 16 377 and we were charged with evaluating that site and seeing if it could be re -zoned to 378 utilities. 379 Mr. Mundt asked if the plant was put on Site D and took the water out of Site A would 380 you have to rezone Site B and Site C because that water crosses there. 381 Ms. Grimaldi stated the pipelines would be underground. 382 Mr. Blazak stated he was not aware that zoning was needed for a well. 383 Mr. Satterlee stated it is technically a use of the property; we would look into it 384 further. 385 Mr. Mundt asked about the 34 million gallon capacity that was originally proposed in 386 2004. 387 Ms. Grimaldi stated that was based on all applications for development that were 388 under consideration, approved, pending; there were a lot of applications that never 389 materialized. 390 Mr. Mundt stated that it did not materialize then but the county have projections of 391 growth that required 34 million gallons of capacity and it may have not been moved 392 forward at this time but is the county still forecasting growth of that magnitude and 393 what is the timing? 394 Ms. Grimaldi stated the water use permit is based on a 20 year population 395 projection. The 34 million gallons were looked at for wastewater treatment but in 396 theory your wastewater treatment mirrors your water treatment. 397 Mr. Mundt asked will we have roughly the same need or capacity at some time.in the 398 future. 399 Ms. Grimaldi stated the population projections right now which are put out by the 400 University of Florida which is all that can be used for permitting processes. 401 Mr. Mundt replied that they dropped from 34 million gallons down to 4 million. 402 Ms. Grimaldi stated right now we are proposing a 2 million gallons a day facility 403 because that is all the population projections can support at this time. 404 Mr. Mundt stated he knows what is being projected but 34 million gallons down to 2 405 million gallons; there was a population number that said we need 34 million gallons, 406 do we know what that number is? What was the projection that said we need 34 407 million gallons of capacity? Planning and Zoning Commission February 17, 2011 Minutes DRAFT Page 13 of 16 408 Ms. Grimaldi stated that was done by staff at the time based on the current 409 development. 410 Mr. Mundt stated to give the number of people we said we were going to have that 411 we needed 34 million gallons in 2004. 412 Ms. Grimaldi stated she did not know the number off the top of her head but could 413 provide that to him. 414 Mr. Mundt stated he would like to know that number and would like to know what the 415 population forecast is that now says we only need 2 million gallons. Frankly, he 416 doesn't want to prove a 2 million, 4 million, 6 million gallon and we have a projection 417 that in 10, 15, 20 years whatever the projection is, the other 30 gallons are needed 418 and we are looking for another plant somewhere. 419 Mr. Satterlee stated he was not here in 2004, he can only speculate on the 420 population projection of what they were looking at in 2004. If you recall, there was 421 the Caprone Lakes DRI, the Visions DRI, 2 large developments south of Angle Road 422 and there was a tremendous amount of development on the books at the time that 423 have all completely evaporated. It is much more reasonable to use the projections 424 that the Bureau of Economic & Business Research (BEBR) puts out. 425 Mr. Grande stated we did not have the TVC growth projections and Caprone is off 426 the table temporarily but the area immediately to the northwest of this plant is now 427 projected to have 2 to 3 times the population that it was projected to have in 2004. 428 Chairman Mundt opened the public hearing. 429 Wayne Bennett and his wife of 4555 Taylor Dairy Road since 2001 is in opposition of 430 the re -zoning. We own three other parcels on Taylor Dairy Road and are local 431 business people. He commended the Commission for being on their game for asking 432 pertinent questions and is glad that skilled people are listening. He gave out copies 433 of a future growth map. He stated the discussion is about a 40 million dollar 434 investment by the county for a water/wastewater regional treatment plant and there 435 is no doubt it is needed. The choice of location is terrible and poor thought was put 436 into it. He discussed the Standards of Review for Rezoning. He states that they 437 have 40 acres and a very nice home and work hard to maintain it. He stated he has 438 had up to 40% de -valuation of his property. He can't comprehend that someone that 439 can afford to buy his property wants to see a sewer plant sitting next to it. This 440 amendment would result in putting these utilities on the very fringe of future 441 development and encourage residential development into the areas of the airport, 442 the Savannah Preserve and areas in close proximity to it for purposes of available 443 and inexpensive utilities. Previously, the commission had asked the applicant to Planning and Zoning Commission February 17, 2011 Minutes DRAFT Page 14 of 16 444 provide three alternate sites; more effort could have been put into it. He has not 445 seen any documents that provide any pre -purchase evaluations such as what the 446 existing zoning was prior to purchase. He mentioned that he has a cow pasture at 447 his home and an artesian flowing well. It is the only source of water for his cows. He 448 asked if there was an imminent and immediate need for this wastewater treatment 449 plant. 450 451 Mr. Mundt stated he has heard past discussions that part of the DEP requirements is 452 based on the projected population growth, the Utility Authorities do have to plan 453 ahead and there is a time -frame within which they have to operate. 454 455 Mr. Culverhouse asked Mr. Bennett if he own a home and 40 acres which is across 456 from site A and if he believes that the placing of the facility would adversely impact 457 the present and future value of his property. 458 459 Mr. Bennett answered yes sir. 460 461 Mr. Mundt stated he has some experience with aviation and the value of Mr. 462 Bennett's property is already somewhat diminished by the mere fact of having an 463 airport and particularly being directly in a flight path. You knew that when you 464 bought the property back in 2001. Any airport is bound to expand. 465 466 Mr. Bennett stated the airport took 30 acres from him in imminent domain 467 proceedings. 468 469 Chairman Mundt closed the public hearing. 470 Mr. Grande asked staff if this application was a zoning change. If the zoning change 471 went forward and in the future the site plan was submitted; the site plan would not 472 come to the Planning & Zoning Commission. 473 Mr. Satterlee stated it would be a major site plan and be a BOCC action. 474 Mr. Blazak stated he has an issue with the zoning. He sees this as a risk of public 475 funds. 476 Mr. Culverhouse concurred with Mr. Blazak. If we vote to recommend to the BOCC 477 that this property be re -zoned, it would not give the Utilities department any 478 encouragement to look at the other sites. He cannot support re -zoning. 479 Mr. Grande agrees with Mr. Culverhouse. Planning and Zoning Commission February 17, 2011 Minutes Page 15 of 16 480 Mr. Mundt stated he was going to look at it differently. He is concerned about the 481 size of the plant and where we may have to go in the future but I am going to let 482 Utility Authority and Planning & Development Services folks to hone this with the 483 questions that have been raised and bring some answers to the BOCC. I support 484 giving them an opportunity to sort this out and see about better discussions with the 485 FAA if they have the zoning. I am in favor of moving this on to the BOCC. 486 Mr. Grande stated to Mr. Mundt that the three members that spoke prior to him was 487 not saying don't send it to the BOCC. The three members were saying it should go 488 to the BOCC with a recommendation for denial. He does not believe changing of the 489 zoning is required to accommodate the wells. We could recommend denial; it would 490 go to the BOCC and without the change to utilities, the wells could still be placed on 491 this property with the permits that have already been approved. 492 Mr. Satterlee stated he respectfully requests the Commission to take action and they 493 have voiced their opinions and given staff additional information to consider and to 494 take to the BOCC. 495 Mr. Grande made the motion that the Planning and Zoning Commission 496 recommend that the St. Lucie County Board of County Commission deny the 497 application for North County Regional Water and Wastewater Treatment Plant 498 Rezoning because the application is inconsistent on the basis of the proposed 499 amendment which would adversely affect property values in the area and also 500 the county already owns land to the east of this parcel which would be better 501 suited for the plants and have less impact on the neighboring properties. 502 Mrs. Morgan seconded the motion. 503 504 Mr. Mundt stated before the commission votes, he would like to confer with the 505 county attorney. He stated for clarification purposes, he is on the Board of Directors 506 at the UDT Seal Museum and they are putting in an expansion and will be drawing 507 some increased capacity through an existing meter and water line. The county 508 attorney assured him that he could vote on this. 509 510 Mr. Blazak wanted an addition to the motion. He wanted to add concerns about the 511 environmental impact to site A. 512 513 Mr. Grande and Ms. Morgan accepted the addition to the motion. 514 515 The roll was called: 516 Mr. Blazak Yes 517 Ms. Townsend Yes Planning and Zoning Commission February 17, 2011 Minutes DRAFT Page 16 of 16 518 Mr. Reynolds Yes 519 Mr. Lounds Yes 520 Mr. Culverhouse Yes 521 Ms. Morgan Yes - 522 Mr. Mundt No 523 Mr. Grande Yes to deny 524 525 Mr. Mundt stated this will go forward and the recommendation of the Planning 526 and Zoning is to deny this. 527 528 529 OTHER BUSINESS 530 Mr. Blazak asked about the need for county identification badges for board members. 531 Mr. Satterlee stated he would pass the request to Ms. Outlaw, the County Administrator. 532 ADJOURN 533 IV. There being no further business, the meeting adjourned at 8:08pm. Planning and Zoning Commission February 17, 2011 Minutes TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST Planning and Zoning Commission Planning & Development Services, Planning Division Rezoning request - St. Lucie County Utilities See attached memorandum. N/A ITEM NO. III -A DATE: 02/17/11 REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASI -JD ( X ) CONSENT ( ) PRESENTED BY: Kristin Tetswo Senior Planner January 21, 2010 - Continued to a date certain of May 20, 2010. May 20, 2010 - Continued to a date certain of August 19, 2010. August 19, 2010 - Continued to a date certain of October 21, 2010. October 21, 2010 - Continued to a date certain of February 17, 2011. RECOMMENDATION: Forward to the Board of County Commissioners a recommendation for Board adoption of Resolution No. 11-007 granting approval of the re -zoning request from AR-1 (Agricultural, Residential — 1 du / acre) to U (Utilities) as outlined in the agenda memorandum. County Attorney (X) Coordination/Signatures County Surveyor Daniel S. McIntyre County Engineer (X) M Michael Powley Originating Dept. (X) Ma atterlee ERD (X) mvp4t, P'W n Harris (X) Ps --- Karen Smith Planning and Development Services Department MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satteriee, AICP, Planning & Development Services Direct Kara Wood, Planning Manager VtJ FROM: Kristin Tetsworth, Senior Plann r� DATE: February 17, 2011 SUBJECT: Rezoning request - St. Lucie County Utilities ITEM NO. III -A Background: On September 15, 2009, the Planning & Development Services, Planning Division received an application for an amendment to the Official Zoning Atlas from St. Lucie County Utilities for property owned by the County near the St. Lucie County Airport. On December 3, 2009, the Development Review Committee certified the application to move forward to public hearings before the Planning and Zoning Commission (P&Z) and the Board of County Commissioners (BOCC). Land Development Code Section 11.00.03 (B) (2) requires any County -initiated amendment to the Official Zoning Atlas affecting ten contiguous acres or more, to be the subject of two advertised public hearings by the Board of County Commissioners. Therefore, on December 15, 2009 the Board of County Commissioners authorized staff to advertise for this public hearing before the Planning and Zoning Commission. Over the past year, this petition was continued four times by the Planning and Zoning Commission to address issues that had not been previously anticipated by the applicant. The January 21, 2010 meeting was continued to allow time for the Utilities Department to hold a neighborhood meeting and prepare a response to questions regarding the history of the acquisition of the site for this Commission. On April 29, 2010, the Neighborhood Meeting was held in the Planning Division and two neighbors attended. The Director of Utilities, Laurie Waldie, outlined the site selection process that the County went through in 2004. Details of the acquisition in 2005 were presented including the purchase price of $2.3 million and other expenses that were associated with the purchase, permitting and planning of the water and wastewater treatment plant. Details on the permits that have already been obtained from South Florida Water Management District and the $160,000 in fees that have already been paid were discussed by the Engineers, North County Water and Wastewater Treatment Plant Amendment to the Official Zoning Atlas/Rezoning February 17, 2011 CDM. Further, the Utilities Director explained how much has been invested in this site besides just the financial commitments. The amount of time that it has taken to obtain the permits, in addition Jo the site assessments is very substantial and there will be an additional cost to substitute another site. The Environmental Impact Statement has been completed which included the wetland assessments, endangered species analysis and tree surveys. The meeting ended on a note that the County would endeavor to research other sites, however each site is unique and may present its own issues and circumstances that the County would have to evaluate including compliance with FAA regulations. Also, at the request of the Board of County Commissioners, staff was directed to conduct further research on other properties that may be suitable locations for the proposed plant, and additional time was needed to research other possible sites. Issues were raised regarding the FAA and possible conflicting goals between the Airport and Utilities Departments. At the May 20, 2010 hearing the Item was continued to August 19, 2010 and again was continued to October 21, 2010 to allow additional time for staff to consider any and all possibilities of alternative sites.. The Item was continued to the February 17, 2011 Agenda to provide time to meet with the FAA in Orlando. During the intervening time, staff has thoroughly considered other sites for this project.. Despite this considerable effort, staff continues recommending the current site because it fulfills the goals of the utility, minimizes to the extent possible impacts on adjacent development and furthers the orderly development of this part of the County. Notwithstanding the outside issues raised by others, the subject property was reviewed pursuant to Section 11.06.04 of the St. Lucie County Land Development Code by the Development Review Committee. The subject application was determined to be incompliance with the Standards for Review in Section 11.06.03 and all other requirements of the Code for this Re -zoning. SECTION 11 06 03 Standards for Review Amendment to the Official Zonina Atlas In reviewing the application of a proposed amendment to the text of this Code or an application for a proposed amendment to the Official Zoning Atlas, the Board of County Commissioners and the Planning and Zoning Commission shall consider: A. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed U (Utilities) Zoning District is consistent with the St. Lucie. County Land Development Code (LDC). The underlying land use for the subject property is MXD- Airport (Mixed Use Development -Airport). According to LDC Section 11.09.02, Table 11-1, Land Use CategorylZoning District Compatibility Chart, the proposed U (Utilities) Zoning District is considered compatible with the MXD-Airport (Mixed Use Development -Airport) land use designation. B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; On October 26, 2010, St. Lucie County adopted Ordinance 10-020 which amends the Comprehensive Plan through the EAR based amendment process. This area, which is shown on page 1-50 was not revised from the previously identified Figure 1-7d of the St. Lucie County Comprehensive Plan. The subject property is located within an area designated as MXD-Airport (Airport Mixed Use Activity Area) on the Future Land Use North County Water and Wastewater Treatment Plant Amendment to the Official Zoning Atlas/Rezoning February 17, 2011 Map. The S.U. (Specific Use Area) for the subject property is S.U. — COM/IND that restricts uses to those within the COM (Commercial) and IND (Industrial) land use designations. The U (Utilities) Zoning District is also compatible with the COM (Commercial) and IND (Industrial) land use designations. C. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed U (Utilities) Zoning District for the subject property is consistent with the U (Utilities) Zoning District to the south and IL (Industrial Light) Zoning District to the east. The proposed Utilities Zoning District is also consistent with the AG-1 (Agricultural —1 du/1 acre) Zoning District to the north where an existing occupied aquaculture facility is located. The residential neighborhood to the west in the AR-1 (Agricultural, Residential — 1 du / acre) Zoning District is buffered by existing pine flatwoods with a thick coverage of palmettos on the subject property. In addition, there is an 80 foot wide right-of-way for Taylor Dairy Road and a 70 foot wide Fort Pierce Farms Water Control District Canal #3 right-of-way situated between the subject property and the residential neighborhood to act as a natural buffer and help to ensure compatibility between the proposed use and the existing strip of residential houses. In the conceptual site plan developed by St. Lucie County Utilities, the engineers have taken great care in siting the proposed facility with adequate buffers. Site plan review and more specific considerations of site plan issues will be addressed at the time of site plan approval. D. Whether there have been changed conditions that require an amendment; This rezoning is part of a long range strategy by the County Utilities Department to provide services to address the future growth of the northern county area. Completion of this facility will serve to phase out the existing Holiday Pines treatment plant. E. 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 intended use for this rezoning is not expected to create significant additional demands on any public facilities. The availability of water and sanitary sewer services in the northern County area will be increased upon completion of the future treatment plants on the subject property. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The 38-acre subject site is dominated by pine flatwoods habitat, interspersed with four small depression marshes. Each marsh is estimated to be less than 0.5-acres in size, During an October 5, 2009 initial site visit, Environmental Resources Department staff noted the presence of native habitats, potential Florida scrub -jay habitat, and gopher tortoises. As part of the next step in the development process, the applicant will be North County Water and Wastewater Treatment Plant Amendment to the Official Zoning Atlas/Rezoning February 17, 2011 required to comply with all federal, state, and local environmental regulations. Submission of the following will be required: 1. Wetland delineation (LDC Section 11.02.09.A.2.d.4); 2. Tree survey (LDC Section 11.05.06.A.3); 3. Environmental Impact Report (LDC . Section 11.02.09.A.5), including surveys for listed species and discussion of efforts to avoid and minimize environmental impacts; and 4.. Landscape plan (LDC Section 7.09.00). County, state and federal agency review of the future project design will ensure that the future development, if approved, would not result in significant adverse impacts on the natural environment. In addition, any mitigation for potential wildlife attractants in conflict with the use of the Airport will be required at the time of the wastewater facility development. G. Whether and the extent to which the proposed amendment would adversely affect the property values in the area; Rather than adversely affect the property values in the area, the availability of water and sewer service provided by the proposed treatment plants, would likely enhance the property values in the northern County area. H. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; The proposed change in zoning would result in an orderly- and logical development pattern for the surrounding area. The proposed rezoning from the AR —1 (Agricultural, Residential - 1 du/acre) Zoning District to the U (Utilities) Zoning District for 38 acres of land on the east side of Taylor Dairy Road is necessary to accommodate the proposed North County Regional Water and Wastewater Treatment Plants. These plants will be instrumental in creating an orderly and logical development pattern for the transportation, light industrial and residential uses in the northern area of the County by making water and sanitary sewer services available. Additionally, this action implements Objective 1.1.5 of the Comprehensive Plan — In coordination with the other elements of the Comprehensive Plan, future development within the Urban Service Area shall be directed to areas where urban and community services4facilities can be provided in the most efficient and compact manner so as to discourage the proliferation of urban sprawl. Policy 1.1.5.1 — Urban development activities shall be restricted to that area identirled as within the Urban Service Area. Providing water and wastewater treatment plants is crucial to the County's ability to continue to provide basic services to the residents in this community and further the overriding Goals, Objectives and Policies adopted by the Board of County Commissioners. This enhances the ability to design communities which are of a compact character and nature while discouraging a pattern dependent upon well and septic tanks which proliferate urban sprawl. North County Water and Wastewater Treatment Plant Amendment to the Official Zoning Atlas/Rezoning February 17, 2011 I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; It has been determined by the DRC that the proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. J. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment. Other matters raised by the Planning and Zoning Commission in consideration of the proposed amendment have been addressed by the Utilities Department over the past year. Recommendation Forward to the Board of County Commissioners a recommendation for Board adoption of Resolution No. 11-007 granting approval of the re -zoning request from AR-1 (Agricultural, Residential — 1 du / acre) to U (Utilities) as outlined in this agenda memorandum. 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, 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 ADOPT A RESOLUTION GRANTING APPROVAL TO THE APPLICATION OF NORTH COUNTY REGIONAL WATER AND WASTEWATER TREATMENT PLANT REZONING FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL — 1 DU / ACRE) ZONING DISTRICT TO THE U (UTILITIES) ZONING DISTRICT, BECAUSE.... [CITE REASON WHY - PLEASE BE SPECIFIC] North County Water and Wastewater Treatment Plant Amendment to the Official Zoning Atlas/Rezoning February 17, 2011 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, ST. LUCIE COUNTY AND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF NORTH COUNTY REGIONAL WATER AND WASTEWATER TREATMENT PLANT REZONING FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU / ACRE) ZONING DISTRICT TO THE U (UTILITIES) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY - PLEASE BE SPECIFIC] PUBLIC WORKS DEPARTMENT UTILITIES DIVISION MEMORANDUM TO: Mark Satterlee, Planning & Development Services Director FROM: Laurie Waldie, Utility District Director DATE: February 3, 2011 " RE: Taylor Dairy Road Utility Site Rezoning Response to Planning and Zoning Commission Comments On January 21, 2010, St. Lucie County Utilities (Utilities) and CDM participated in a Planning and Zoning Commission (P&Z) meeting for the rezoning of the subject property from an AR-1 to Utilities zoning district. At the meeting, several residents and P&Z Board members raised concerns over the construction of regional water and wastewater treatment facilities adjacent to the existing neighbors. In response to the comments received and concerns raised, Utilities and CDM have prepared the following information. Comment No. 1 A location further east, onto the airport property, and farther from the residential units on Taylor Dairy Road may be more. suitable. Response No. 1 The property to the north, south and east of the subject site is County -owned airport property. While not all of the property is occupied by current or planned airport activities, the property provides buffer land required by the Federal Aviation Administration (FAA). Any proposed activity on airport property, by FAA rule, must provide a benefit to the operation of the airport. Construction of a regional water and/or wastewater treatment facility on airport property would not likely be viewed as a beneficial use of airport property under FAA guidelines. Preliminary discussions with FAA staff have indicated this to be the case. Therefore, flipping the utility site plan east onto airport property would not be a viable option. St. Lucie County 13 Comment No. 4 County staff did research possible County -owned properties for a potential swap. Like the airport property, many other County - owned properties were purchased with grant funds, such as Florida Communities Trust, that also have restrictions on its use. Unfortunately, there are not any appropriate County -owned properties that meet the requirements of the Utility, including size and location to the delivery service area. Odor is a primary concern of several residents along Taylor Dairy Road. Response No. 4 While the design for the proposed wastewater treatment facility is conceptual at this point, final design will include the design of a state of the art odor control system. With the odor control system operated as intended, off site odors should not be noticeable to the residents along Taylor Dairy or Indrio Roads. Comment No. 5 A thorough site analysis should be completed. Response No. 5 A siting analysis was performed in 2005 in which seven sites were evaluated for potential locations for a regional wastewater treatment_ facility. The 2005 analysis included a requirement for a larger parcel (for a larger wastewater facility) than current conditions warrant. The Utility now plans to include both a regional water treatment facility and wastewater treatment plant on the Taylor Dairy Road site. A copy of the 2005 study is available through Utilities upon request. The siting analysis looked at five main criteria: Technical/Physical, Environmental, Compatibility with Governmental Regulations, Social/Political and Cost Factors. A figure illustrating the previously evaluated site locations is presented in Attachment 2. Sites adjacent to the Taylor Dairy Road site were evaluated in 2005 and were considered to be favorable locations. When the Taylor Dairy Road site became available for purchase, the County purchased the property with Utility funds. An environmental analysis specific to this site was reviewed prior to the purchase. The acquired site is considered to be a desirable location for the proposed facilities. A conceptual design was completed to ensure water and wastewater infrastructure can be accommodated at this site and allow for adequate buffer for Taylor Dairy Road. See Attachment 3. Comment No. 6 Clarification of Airport versus Utilities Funding Mechanisms Responses No. 6 While both the Airport and Utilities are County Enterprise Funds, the two are separate and distinct entities, with their funding from it Environmental Resources Department Final Report TO: Kristin Tetsworth, Planning & Development Services Department THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Yvette Alger, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Division Manager DATE: October 4, 2010 SUBJECT: North County Regional Water and Wastewater Treatment Plant RZ 920094011 Background The Environmental Resources Department (ERD) is in receipt of the September 15, 2009 Planning and Development Services' date -stamped submittal. The applicant requests approval of a rezoning to Utilities (U), to allow for the future construction of a regional water and wastewater treatment plant. The 38-acre project site is located on the east side of Taylor Dairy Road, south of Indrio Road. The site is presently zoned Agricultural, Residential (AR-1) and is dominated by mesic pine flatwoods habitat, interspersed with small depression marshes, each estimated to be less than 0.5 acres in size. On October 7, 2009, ERD issued a final report, summarizing staff's findings on the proposed rezoning and recommending approval. As a result of input from the Planning and Zoning Commission and the public, the Utilities Department requested ERD evaluate alternative sites within the airport property, east of the currently proposed location. ERD considered five alternative sites, as shown in Figure 1. On August 19, 2010, staff from ERD, Utilities, and the Airport conducted a site visit; staff from ERD and the Airport conducted a follow-up site visit on September 30, 2010. Findings Staff observed that habitats east of the currently proposed location transition from mesic pine flatwoods with scattered wetlands into scrubby flatwoods, which grade into open, disturbed lands before transitioning back into mesic and scrubby flatwoods, with scrub and wetlands, just west of US Highway 1. Findings from staff's alternatives analysis, including detailed descriptions of each alternative site, are provided below. Site A — Currently Proposed Location This 38-acre site is located on the east side of Taylor Dairy Road, south of Indrio Road, The site is .presently zoned Agricultural, Residential (AR-1) and is dominated by mesic pine flatwoods habitat, interspersed with small depression marshes, each estimated to be less than 0.5-acres in size. Environmental Resources Department staff noted the presence of native habitats; potential Florida scrub -jay, wading bird, and Eastern indigo snake habitat; and gopher tortoises during an October 5, 2009 initial site visit. Due to the abundance of slash pines at this site, native tree Attachment 1 Environmental Resources Department Final Report North County Regional Water and Wastewater Treatment Plant October 4, 2010 This 195-acre site consists of six parcels. The primary zoning of this site is Conservation Public (CPUB),. which covers approximately 140 acres. Other zonings designated for portions of this site include 40 acres of IL along the westernmost portion of the site,. 10..-acres of Residential/ Conservation (R/C), and five (5) acres of Commercial, General (CG). The site includes a mix of wetlands, . scrubby flatwoods, mesic pine flatwoods, scrub, and xeric hammock areas. Environmental Resources Department staff noted the presence of native habitats, potentially supporting the Florida scrub -jay, Eastern indigo snake, gopher tortoise, and wading birds, during site visits in August and September 2010.. Potential native tree impacts would be a concern, primarily along the westernmost portion of the site. The eastern areas, wherein canopy trees are not as abundant, contain imperiled habitats, such as scrubby flatwoods, wetlands, and scrub. Additionally, the easternmost lands are. identified on the St. Lucie County Native Habitat Inventory (Site 28, B-rank), and therefore are considered Environmentally Sensitive Lands (Land Development Code. [LDC] Section 6.04.01). :The Airport Layout Plan (April 2010 Draft) designates this site as a proposed gopher tortoise, scrub -jay, wetland, and tree mitigation area. Summary of Alternative Sites Environmental resources at the sites being considered include potential listed species habitat, native upland habitat, native trees, and wetlands. A. similar suite of listed species; including gopher tortoise, Florida scrub -jay, Eastern indigo snake, and wading birds, could potentially, occur at all sites. Except for Site D, all sites are dominated by native habitat. Sites B, C and E contain imperiled native upland habitats, while the upland habitats present at the remaining sites are not considered imperiled. All sites contain environmentally sensitive wetland areas, which : would require avoidance, minimization, and mitigation during development of detailed site plans. All sites contain native trees, though the more densely -canopied mesic pine flatwoods, which dominate. Sites A and' B, would involve greater potential native tree impacts than the more open areas near the center of the airport. Based on ERD's evaluation of the alternative sites, the site with the least potential environmental impacts would be Site D, particularly the former FEMA trailer storage area within this site. Regardless of the site chosen, the Environmental Resources Department (ERD) will conduct further review through the site plan and/or building permit review process. The following will be required when detailed development plans are submitted for review: 1) Wetland delineation (Land Development Code [LDC] Section 11.02.09.A.2.d.4);, 2) Tree survey (LDC Section 11.05.06.A.3); 3) Environmental Impact Report (LDC Section 11.02.09.A.5), including surveys for listed species and discussion of efforts to avoid and minimize impacts to wetlands, native trees, native upland habitats, imperiled habitats, and listed species; and 4) Landscape plan (LDC Section 7.09.00). Recommendation ERD recommends the 'Utilities Department consider locating the proposed treatment facility at the former FEMA trailer site, or elsewhere within the non-native habitats of Site D. If this alternative site is not feasible, staff supports rezoning of the currently proposed site. Please contact Yvette Alger at 772-462-2866 if you have any questions. Page 3 CADocuments and Settings\Casel-\Local SettingsWemporary Internet Files\Content.Outlook\ZOXAIEOU\NCtyRegionalWaterTrtmt rezone finalrpt_Sept10final.docx Z-< a c rr _N CON C z L .. f 1010 O ,.,i W Q a l< O N m KEEN RO 133HL SZ S/N � pp 1S Q Qo D JENKINS ROAD HIGHWAY 3nN3" w Z �g 0 � r rn c� 0. x to C Attachment 2 .� � m � E \ b Environmental Resources Department Companion Report TO: Planning and Zoning Commissioners THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Division Manager DATE: February 3, 2011 SUBJECT: Rezoning request of St. Lucie County Utilities to change the zoning from the AR-1 (Agricultural, Residential — 1 du / acre) Zoning District to the U (Utilities) Zoning District. RZ920094011 Background The Planning & Development Services Department requested Environmental Resources Department (ERD) input on the applicant's request for re -zoning. Findincis ERD findings are presented in the ERD Final Report, which has been included in the agenda packet. Recommendations If ERD's preferred alternative site is not a feasible location for the facility, ERD supports approval of the proposed re -zoning. qa� nature Environmental Resources Department Final Report TO: Kristin Tetsworth, Planning & Development Services Department THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Yvette Alger, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Division Manager DATE: February 3, 2011 SUBJECT: North County Regional Water and Wastewater Treatment Plant RZ 920094011 Background The Environmental Resources Department (ERD) is in receipt of the September 15, 2009 Planning and Development Services' date -stamped submittal. The applicant requests approval of a rezoning to Utilities (U), to allow for the future construction of a regional water and wastewater treatment plant. The 38-acre project site is located on the east side of Taylor Dairy Road, south of Indrio Road. The site is presently zoned Agricultural, Residential (AR-1) and is dominated by mesic pine flatwoods habitat, interspersed with small depression marshes, each estimated to be less than 0.5 acres in size. On October 7, 2009, ERD issued a final report, summarizing staff's findings on the proposed rezoning and recommending approval. As a result of input from the Planning and Zoning Commission and the public, the Utilities Department requested ERD evaluate alternative sites within the airport property, east of the currently proposed location. ERD considered five alternative sites, as shown in Figure 1. On August 19, 2010, staff from ERD, Utilities, and the Airport conducted a site visit; staff from ERD and the Airport conducted a follow-up site visit on September 30, 2010. Findings Staff observed that habitats east of the currently proposed location transition from mesic pine flatwoods with scattered wetlands into scrubby flatwoods, which grade into open, disturbed lands before transitioning back into mesic and scrubby flatwoods, with scrub and wetlands, just west of US Highway 1. Findings from staff's alternatives analysis, including detailed descriptions of each alternative site, are provided below. Site A — Currently Proposed Location This 38-acre site is located on the east side of Taylor Dairy Road, south of Indrio Road. The site is presently zoned Agricultural, Residential (AR-1) and is dominated by mesic pine flatwoods habitat, interspersed with small depression marshes, each estimated to be less than 0.5-acres in size. Environmental Resources Department staff noted the presence of native habitats; potential Florida scrub -jay, wading bird, and Eastern indigo snake habitat; and gopher tortoises during an October 5, 2009 initial site visit. Due to the abundance of slash pines at this site, native tree Environmental. Resources Department Final. Report North County Regional Water and Wastewater Treatment Plant February 3, 2011 impacts would need to be addressed during development of detailed site plans. Mesic flatwoods is<not .considered an imperiled habitat. Wetlands are considered Environmentally. Sensitive Areas (Comprehensive Plan Policy 8.1.12.4). This site is not within the St. Lucie County International Airport property. Site B This approximately 80-acre site consists of three parcels, all of which are zoned IL. Site B is located just east of the currently proposed location (Site A) and is dominated by mesic pine flatwoods habitat, interspersed with environmentally sensitive wetland areas, grading .into scrubby flatwoods in the site's southeast corner. Environmental Resources Department staff noted the presence of native habitats, potentially supporting the Florida scrub -jay, Eastern indigo snake, gopher tortoise, and wading birds, during site visits in August and September 2010. Due to the abundance of slash pines and other native trees at this site, tree impacts would need to be addressed during development of detailed site plans. Scrubby flatwoods habitat is ranked by the Florida Natural Areas Inventory (FNAI) as imperiled. According to the County's Comprehensive Plan, imperiled habitats are considered Environmentally Sensitive Areas (Policy 8.1.12.4). The Airport Layout Plan (April 2010 Draft) designates this site as a proposed future industrial development area. Site C This 52-acre site is zoned IL and is dominated by scrubby flatwoods habitat, interspersed with wetland areas. Environmental Resources Department staff noted the presence of native habitats, potentially supporting the Florida scrub -jay, Eastern indigo snake, gopher tortoise, and wading birds, during site visits in August and September 2010. Fewer slash pines are present at this site, compared to Sites A and B; therefore, native tree impacts would be less of a concern. However, potential impacts to Environmentally Sensitive Areas, such as scrubby flatwoods and wetlands, would require avoidance, minimization, and mitigation. The Airport Layout Plan (April 2010 Draft) designates this site as a proposed future industrial development area. Site D This 268-acre site consists of two parcels, both of which are zoned IL. The parcels are dominated by open, grassy fields, interspersed with environmentally sensitive wetland areas. This site includes a disturbed, previously cleared area wherein Federal Emergency Management Agency (FEMA) trailers had been stored. Mesic pine flatwoods are present in the site's southwest corner and along its eastern perimeter. The predominance of disturbed habitats at this site reduces the potential for native habitat impacts. Fewer slash pines are present at this site, compared to Sites A and B; therefore, native tree impacts would be less of a concern. Potential wetland impacts would require avoidance, minimization, and mitigation. Environmental Resources Department staff noted the presence of native and non-native habitats, potentially supporting the Florida scrub - jay, Eastern indigo snake, gopher tortoise, and wading birds, during site visits in August and September 2010. The Airport Layout Plan (April 2010 Draft) designates this site as a proposed future industrial development area. Site E Page 2 GAPlanning\PROJECT FILES\North County Regional Water & Wastewater Treatment Plant\P & z\02.17.11\E1RDNCtyRegionalWaterTrtmt rezone finalrpt_Feb1l.docx Environmental Resources Department Final Report North County Regional Water and Wastewater Treatment Plant February 3, 2011 This 195-acre site consists of six parcels. The primary zoning of this site is Conservation Public (CPUB),'which covers approximately 140 acres. Other zonings designated for portions. of this site include 40 acres of IL along the westernmost portion of the site, 10 acres of Residential/ Conservation (R/C), and five (5) acres of Commercial, General (CG). The site includes a mix of wetlands, scrubby flatwoods, mesic pine flatwoods, scrub, and xeric hammock areas. Environmental Resources Department staff noted the presence of native habitats, potentially supporting the Florida scrub -jay, Eastern indigo snake, gopher tortoise, and wading birds, during site visits in August and September 2010. Potential native tree impacts would be a concern, primarily along the westernmost portion of the site. The eastern areas, wherein canopy, trees are not as abundant, contain imperiled habitats, such as scrubby flatwoods, wetlands, and scrub. Additionally, the easternmost lands are identified on the St. Lucie County Native Habitat Inventory (Site 28, B-rank), and therefore are considered Environmentally Sensitive Lands (Land Development Code [LDC] Section 6.04.01). The Airport Layout Plan (April 2010 Draft) designates this site as a proposed gopher tortoise, scrub -jay, wetland, and tree mitigation area. Summary of Alternative Sites Environmental resources at the sites being considered include potential listed species habitat, native upland habitat, native trees, and wetlands. A similar suite of listed species, including gopher tortoise, Florida scrub -jay, Eastern indigo snake, and wading birds, could potentially occur at all sites. Except for Site D, all sites are dominated by native habitat. Sites'B, C and E contain imperiled native upland habitats, while the upland habitats present at the remaining sites are not considered imperiled. All sites contain environmentally sensitive wetland areas, which would require avoidance, minimization, and mitigation during development of detailed site plans. All sites contain native trees, though the more densely -canopied mesic pine flatwoods, which dominate Sites A and B, would involve greater potential native tree impacts than the more open areas near the center of the airport. Based on ERD's evaluation of the alternative sites, the site with the least potential environmental impacts would be Site D, particularly the former FEMA trailer storage area within this site. Regardless of the site chosen, the Environmental Resources Department (ERD) will conduct further review through the site plan and/or building permit review process. The following will be required when detailed development plans are submitted for review: 1) Wetland delineation (Land Development Code [LDC] Section 11.02.09.A.2.d.4); 2) Tree survey (LDC Section 11.05.06.A.3); 3) Environmental Impact Report (LDC Section 11.02.09.A.5), including surveys for listed species and discussion of efforts to avoid and minimize impacts to wetlands, native trees, native upland habitats, imperiled habitats, and listed species; and 4) Landscape plan (LDC Section 7.0,00). Recommendation ERD recommends the Utilities Department consider locating the proposed treatment facility at the former FEMA trailer site, or elsewhere within the non-native habitats of Site D. If this alternative site is not feasible, staff supports rezoning of the currently proposed site. Please contact Yvette Alger at 772-462-2866 if you have any questions. Page 3 G:\Planning\PROJECT FILES\North County Regional Water & Wastewater Treatment Plant\P & z\02.17.11\ERDNCtyRegionalWaterTrtmt rezone finalrpt_Febl l .docx Environmental Resources Department Final Report North County Regional Water and Wastewater Treatment Plant February 3, 2011 Figure 1 _ Alternative Facility Locations 0 G25 0.5 1 Miles f I� Page 4 G:\Planning\PROJECT FILES\North County Regional Water & Wastewater Treatment Plant\P & z\02.17.11\ERDNCtyRegionalWaterTrtmt rezone finalrpt_Febl l.docx 1 RESOLUTION NO. 11-007 2 FILE NO.: RZ 920094011 3 -4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE 6 COUNTY GRANTING APPROVAL FOR AN AMENDMENT TO THE OFFICIAL ZONING 7 ATLAS TO CHANGE THE ZONING FROM THE AR-1 (A CULTURAL, RESIDENTIAL 8 — 1 DU/ACRE) ZONING DISTRICT TO THE U (UTI ) ZONING DISTRICT FOR 9 CERTAIN COUNTY OWNED REAL PROPERTY TE IN ST. LUCIE COUNTY, 10 FLORIDA. y 11 12 13 WHEREAS, the Board of County Commiss' of St. Lucie Cou lorida, based on the 14 testimony and evidence including, but not li to the staff report, made the following 15 determinations: 16 17 1. St. Lucie County Utilities ed a petiti a change in zoning from the AR-1 18 (Agricultural, Residential -1 d District U (Utilities) Zoning District on a 38 19 acre parcel of land located on a of Taylo ry Road and situate in St. Lucie 20 County, Florida, as more partic ly d in P below and depicted on the 21 attached map a A" attach ereto de a hereof. 22 23 2. On January 10, the ucie Co nning a oning Commission held a public 24 hearing on the 'on, a 'publishin tice at least 10 days prior to the hearing and 25 notifyin by mail a er erty wi 00 feet of the subject property, and voted to 26 co tition f Ma • 2010 on the request for an amendment to 27 Icla Atla hange in rom the AR-1 (Agricultural, Residential - 1 28 .4 ac) Zoning °: to t I (Utilities) ng District for the County owned real property 29 ibed in Part 30 31 3. On 2010, the. Lucie my Planning and Zoning Commission resumed the 32 public h " g on the pe n, and voted to continue the petition to a date certain of August 33 19, 2010., 34 35 4. On August 19, 't. Lucie County Planning and Zoning Commission resumed the 36 public hearing on t -tition, and voted to continue the petition to a date certain of October 37 21, 2010. 38 39 5. On October 21, 2010, the St. Lucie County Planning and Zoning Commission resumed the 40 public hearing on the petition, and voted to continue the petition to a date certain of 41 February 17, 2011. 42 43 6. On February 17, 2011, the St. Lucie County Planning and Zoning Commission resumed the 44 public hearing on the petition, and voted to recommend that the Board of County 45 Commissioners approve/deny the hereafter described request for an amendment to the 46 Official Zoning Atlas to change the zoning from the AR-1 (Agricultural, Residential -1 du/ac) April 19, 2011 Resolution No. 11-007 File No. RZ 920094011 Page 1 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 Zoning District to U the (Utilities) Zoning District for the County owned real property described in Part A. 7. On April 5, 2011, this Board held the first public hearing on the petition, after publishing notice at least 7 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 8. On April 19, 2011, this Board held the second public notice at least 5 days prior to the hearing and notifyi 500 feet of the subject property. Ad 9. The proposed change in zoning is not in co 'dWith the the St. Lucie County Comprehensive PI has satis 1 11.06.03 of the St. Lucie County Land opment Code. 10. The proposed change in zoning is con s�i° t with surrounding area. rs ,. NOW, THEREFORE, BE IT RESOLVl by and of County, Florida:, A. The prc AR — 1 Zonina, The'S LESS Lucie on the petition, after publishing ail all owners of property within objectives, and policies of e requirements of Section ng an`Hposed uses in the Commissioners of St. Lucie endmen he Officiu dig Atlas foN' fiange the zoning from the Resi ' tial — 1 re) Zoning District to the U (Utilities) fo wn a orth County Regional Water and eatni n ing r the property owned by St. Lucie 6hibed is here 1, red/denied. pion. '/4 of t uthe; EPT all is of lorida. Section 13, Township 34 South, Range 39 East, drainage canals and public roads; all lying in St. Location: ,'' cr land, more or less, on the east side of Taylor Dairy Road, a eIy'/4 mile south of Indrio Road Parcel I D#: 1313-430-0000-000-5 B. The St. Lucie County Planning and Development Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. C. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B," was signed by the applicant on September 10, 2009, April 19, 2011 Resolution No. 11-007 File No. RZ 920094011 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 D. This Resolution shall be recorded in the Public Records of St. Lucie County. E. A copy of this Resolution shall be mailed, return receipt requested to the owner and agent of record as identified on the application. April 19, 2011 File No. RZ 920094011 INTENTIONALLY BLANK Resolution No. 11-007 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 35 36 37 38 39 40 41 42 43 44 45 46 47 After motion and second, the vote on this Resolution was as follows: Commissioner Chris Craft, Chairman XXX Commissioner Chris Dzadovsky, Vice Chair XXX Commissioner Paula A. Lewis CommissionerTod Mowery Commissioner Frannie Hutchin PASSED AND DULY ADOPTED This 19th Deputy Clerk April 19, 2011 File No. RZ 920094011 (COMMISSIONERS , FLORIDA QED AS TO FORM AND CTNESS: UUufILy tALLUII1Cy Resolution No. 11-007 Page 4 5 G:\ PROJECT FILES\North County Regional Water & Wastewater Treatment Plant\BOCC\Resolution 11-007 EXHIBIT A Vicinity Maps T W 4 X 1 tm F�l V " e a t III N c C? 2 d ��CC 9 " r •� � � Old .1�lIbG12J =1 tll o — O 5€ N!NCifSZ M C C3 try LO I i. w . ik .ir r April 19, 2011 File No. RZ 920094011 Resolution No. 11-007 Page 5 1 2 3 4 5 F 8 9 10 11 12 13 April 19, 2011 File No. RZ 920094011 AP davit Resolution No. 11-007 Page 6 OCTOBER 21, 2010 PLANNING & ZONING COMMISSION MEETING MINUTES AND STAFF REPORT 1 St. Lucie County 2 Planning and Zoning Commission/ Local Planning Agency 3 Roger Poitras Annex, Commission Chambers, V Floor 4 October 21, 2010 Meeting 5 6:00 p.m. 6 In the event of a conflict between these written minutes and a compact disc recording, 7 the compact disc shall control. E 9 1. CALL TO ORDER 10 Chairman Mundt called the meeting to order at 6:04 p.m. 11 A. Pledge of Allegiance 12 B. Roll Call 13 Craig Mundt ...................................... Chairman 14 Britt Reynolds .................................. Vice -Chairman 15 Pamela Hammer .............................. Commission Member 16 Edward Lounds................................ Commission Member 17 Susan Caron .................................... Commission Member 13 Brad Culverhouse (arrived 6:40) ...... Commission Member 19 Tod Mowery ..................................... Commission Member 20 Stephanie Morgan ............................ Commission Member 21 Barry Schrader ................................. Commission Member 22 Kathryn Hensley .............................. Ex-Officio Member 23 24 Members Absent 25 None. 26 27 Staff Present 23 Heather Young .................................Assistant County Attorney 29 Kara Wood ....................................... Planning Manager 30 Karen Smith ...................................... Environmental Resources Director 31 Michael Brillhart................................ Business and Concurrency Manager 32 Britton DeWitt ................................... Senior Planner 33 Linda Pendarvis................................ Planner 34 Michelle Hylton ................................. Recording Secretary 35 36 C. Announcements 37 None. 38 D. Disclosure 39 Ms. Morgan stated she spoke with the applicant from the telecommunications tower. 40 Mr. Reynolds stated he was called but never spoke :to -anyone regarding the 41 telecommunications tower. 42 Ms. Young stated that a conflict memorandum from Mrs. Hammer has been provided to the 43 Commission. 44 Mr. Mundt stated he met with staff regarding the agenda. 45 II. MINUTES 46 Review the minutes from the August 19, 2010 meeting for approval. 47 Mr. Lounds moved to approve the minutes as written. 48 Ms Caron seconded. The motion carried 8-1, Mrs. Hammer abstaining because she was 49 not present for the full meeting. 50 Ill. PUBLIC HEARINGS 51 A. North County Regional Water and Wastewater Treatment Plants 52 Rezoning: RZ 920094011 -- continued from the August 19, 2010 Meeting. 53 Petition of St. Lucie County Utilities for a change in zoning from the Aft — 1 54 (Agricultural, Residential — 1 du/acre) Zoning District to the U (Utilities) Zoning District 55 to accommodate the proposed North County Regional Water and Wastewater Treatment 56 Plants. Staff comments and presentation by Kristin Tetsworth. 57 Ms. Wood stated staff is requesting another continuance for this item to February 17, 2011. 58 Ms. Morgan asked why it is not withdrawn and re -advertised since this is the third continuance 59 on the item. 60 Ms. Wood stated it is an option if the Commission feels it is confusing to the public; but staff 61 felt there were not many public objections to the current site, and staff has been keeping the 62 property owners that had objections up to date. Ms. Wood stated if they change the site, they 63 would need to re -advertise. 64 Chairman Mundt opened the public hearing. 65 No one spoke. 66 Chairman Mundt closed the public hearing. Planning and Zoning Commission October 21, 2010 Minutes • : • r r • �' r •' :: :1' 69 B. Ordinance No.10-015 — Greenway and Trails 70 An Ordinance amending the St. Lucie County Land Development Code by amending 71 Section 2.00.00 ("Definitions") to amend the definition of "Multi -Use Path" to read "Multi 72 — Purpose Path" and to clarify that paths indentified as Greenways and Recreational 73 Trails, trails within canal rights — of — way, on the county bicycle, Pedestrian Greenways 74 and Trails Master Plan may be considered as Multi- Purpose Paths; amending Section 75 7.05.04 to add a separate section on requirements for Greenways and Recreational Trail 76 for new development in Unincorporated St. Lucie County. Staff' comments and 77 presentation by the Public Works Department and the Environmental Resources 78 Department. 79 Ms. Smith stated staff is requesting to continue the Ordinance to the November 18, 2010 80 meeting in order to have more time to properly address public comments. 81 Chairman Mundt opened the public hearing. 82 No one spoke. 83 Chairman Mundt closed the public hearing. 84 Mr. Reynolds made the motion to continue to November 18. 85 Mr. Lounds seconded. The motion carried 8-0. 86 D. Prime Realty, LLC: FLUMA 1120094022 87 Petition of Prime Realty Capital, LLC for a Future Land Use Map Amendment from the 88 RS (Residential Suburban — 2 dulac) Designation to the IND (Industrial) Designation. 89 Staff comments and presentation by Britton De Witt. 90 Mrs. DeWitt presented both items III-D and III-E, and stated the applicant wishes to continue 91 the items to November 18 so the site can come into compliance with outstanding mining permit 92 issues. 93 Chairman Mundt opened the public hearing. 94 Brad Currie from Land Design South, representing the applicant stated the issue is with the 95 adjoining property but they are very close to an agreement with the Engineering Department 96 on how to clean up the site. 97 Mrs. Hammer stated some of the documents in the application were hard to read. Planning and Zoning Commission October 21, 2010 Minutes TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST Planning and Zoning Commission Planning & Development Services, Planning Division ITEM NO. III -A DATE: ' 10/21/10 REGULAR ( ) PUBLIC HEARING { X ) LEG. ( ) QUASI -JD ( X ) CONSENT ( ) PRESENTED BY: Kristin Tetsworth Senior Planner Rezoning request of St. Lucie County Utilities to change the zoning from the AR-1 (Agricultural, Residential — 1 du / acre) Zoning District to the U (Utilities) Zoning District. See attached memorandum. N/A PREVIOUS ACTION: January 21, 2010 Continued to a date certain of May 20, 2010. May 20, 2010 Continued to a date certain of August 19, 2010. August 19, 2010 Continued to a date certain of October 21, 2010. RECOMMENDATION: Staff recommends continuing this item to February 17, 2011 to allow additional time for St. Lucie County Utilities to continue investigating alternative sites. Coordination/Signatures County Attorney (X) os'—_ County Surveyor ( X) Dahid S. McIntyre Ron Harris County Engineer (X) Myp ERD ( X ) Michael Powley ren Smith Originating Dept. (X) Mark Safterlee trMr„�Planning and Development Services .r. Department COUNTY • MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Director FROM: Kara Wood, Planning Manager Kristin Tetsworth, Senior Planne DATE:. October 21, 2010 SUBJECT: Rezoning request of the St. Lucie County Utilities to change the zoning from the AR-1 (Agricultural, Residential — 1 du / acre) Zoning District to the U (Utilities) Zoning District. ITEM NO. III -A Backaround: At the January 21, 2010, public hearing of the Planning and Zoning Commission, two adjacent property owners came forward and raised questions regarding the site selection process and whether or not other sites were considered by St. Lucie County Utilities. Utilities Director, Laurie Waldie, outlined the site selection process that the County went through in 2005 and responded to questions in that regard. Furthermore, details of the acquisition were presented such as the purchase price of $2.3 million dollars and other expenses associated with the purchase. At the request of the Board of County Commissioners, staff was directed to conduct further research on other properties that may be suitable locations for the proposed plants. Over the past ten months, this petition was continued to'allow time for the Utilities Department to hold a neighborhood meeting and prepare a response to questions regarding the history of the acquisition of the site for this Commission. Additional time was needed to research other possible sites for the proposed water and waste water treatment plant and was continued again at the May 20, 2010 public hearing to August 21, 2010, The Utilities Department has continued investigating alternative sites for the proposed water and waste water treatment plant facility. At the August 21, 2010 public hearing, the petition was continued again to a date certain of October 21, 2010. Staff continues to take actions to vet the location of this facility in an effort to recognize concerns of adjacent property owners as well as other governmental entities. Recommendation: Staff recommends continuing this Item to a date certain of February 17, 2011 at 6 pm, or as soon thereafter, to provide the opportunity for St. Lucie County Utilities to meet with the FAA to discuss any concerns they may have regarding the water/waste water treatment facility being located near the St. Lucie County Airport. MOTION TO CONTINUE TO A DATE CERTAIN: 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, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THIS ITEM BE CONTINUED TO A DATE CERTAIN OF FEBRUARY 17, 20111 AT 6 PM .OR AS SOON THEREAFTER, IN THE CHAMBERS OF THE. BOARD OF COUNTY COMMISSIONERS, TO ALLOW AMPLE TIME FOR ST. LUCIE COUNTY UTILITIES TO ADDRESS OUTSTANDING QUESTIONS AND CONTINUE INVESTIGATING ALTERNATIVE SITES FOR THE PROPOSED WATER AND WASTEWATER TREATMENT FACILITY. Hearing Date: October 21, 2010 GM File Number RZ 920094011 Applicant St. Lucie County Utilities 772-462-1150 Property Location East side of Taylor Dairy Road, approximately 1/4 miles south of Indrio Road. Land Use & Zonin4 MXD (Mixed Use Develop- ment) AR-1 (Agricultural, Residen- tial-1 du/acre) Staff Recommendation Continue the Item to a date certain of February 17, 2011 to allow additional time to con- tinue investigating alternative sites. Project Staff Kristin Tetsworth Senior Planner 772-462-6456 , 6, mum Water and Wastewater 0 AGENDA ITEM No. III -A Treatment Plants Rezoning - RZ-920094011 Nater & Wastewater Treatment Plants Subject property 500 ft. notification area AeAalflownJen.2ooe woaew�aa.e«7s.zow n Location: East side of Taylor Dairy Road, Approximately 1/4 miles South of Indrio Road. Project Description Staff Recommendation The St. Lucie County Utilities petition for a change Continue the Item to a date certain of Feb - in zoning from the AR-1 (Agricultural, Residential) ruary 17, 2011 to allow additional time to Zoning District to U (Utilities) Zoning District for 38 continue investigating alternative sites. acres of land on the east side of Taylor Dairy Road is necessary to accommodate the proposed Further details are available In the Growth North County Regional Water and Wastewater Management Department —please contact: Treatment Plants. Staff Kristin Tetsworth Background Tel. 772462- 6455 On December 3, 2009, the Development Review Email tetsworthk@stlucleco.org Committee certified the application to move for- Mail 2300 Virginia Avenue ward to the next step in the development review Fort Pierce, Florida process. This rezoning would permit the St. Lucie 34982 County Water & Sewer District to apply for a site plan to construct future water & wastewater plants The St. Lucie County Planning and Zoning on this site. The first P & Z public hearing was Commission has the power to review and rec- held on January 21, 2010. Over the past 10 ommend to the St. Lucie County Board of petition has been continued to allow County Commissioners, for approval or disap- months the p proval, any applications within their area of re - time to continue evaluating alternative sites and sponsibility. address the issues of adjacent property owners and other governmental entities. The LDC Sec- Anyone with a disability requiring accommoda- tion 11.00.03 (B) (2) requires any County -initiated tion to attend this meeting may contact the SLC amendment to the Official Zoning Atlas affecting Community Risk Manager at least 48 hours in ten contiguous acres or more, to be the subject of advance at 772,462.1546 or TDD 772,462,1428 two advertised public hearings by the Board of County Commissioners. Environmental Resources Department Companion Report TO: Planning and Zoning Commissioners THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Division Manager DATE: October 5, 2010 SUBJECT: Rezoning request of St. Lucie County Utilities to change the zoning from the AR-1 (Agricultural, Residential — 1 du / acre) Zoning District to the U (Utilities) Zoning District. RZ920094011 Backaround The Planning & Development Services Department requested Environmental Resources Department (ERD) input on the applicant's request for re -zoning. Findin s ERD findings are presented in the ERD Final Report, which has been included in the agenda packet. Recommendations If ERD's preferred alternative site is not a feasible location for the facility, ERD supports approval of the proposed re -zoning. 4nature Environmental Resources Department Final Report TO: Kristin Tetsworth, Planning & Development Services Department THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Yvette Alger, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Division Manager DATE: October 4, 2010 SUBJECT: North County Regional Water and Wastewater Treatment Plant RZ 920094011 Background The Environmental Resources Department (ERD) is in receipt of the September 15, 2009 Planning and Development Services' date -stamped submittal. The applicant requests approval of a rezoning to Utilities (U), to allow for the future construction of a regional water and wastewater treatment plant. The 38-acre project site is located on the east side of Taylor Dairy Road, south of Indrio Road. The site is presently zoned Agricultural, Residential (AR-1) and is dominated by mesic pine flatwoods habitat, interspersed with small depression marshes, each estimated to be less than 0.5 acres in size. On October 7, 2009, ERD issued a final report, summarizing staff's findings on the proposed rezoning and recommending approval. As a result of input from the Planning and Zoning Commission and the public, the Utilities Department requested ERD evaluate alternative sites within the airport property, east of the currently proposed location. ERD considered five alternative sites, as shown in Figure 1. On August 19, 2010, staff from ERD, Utilities, and the Airport conducted a site visit; staff from ERD and the Airport conducted a follow-up site visit on September 30, 2010, Findinas Staff observed that habitats east of the currently proposed" location transition from mesic pine flatwoods with scattered wetlands into scrubby flatwoods, which grade into open, disturbed lands before transitioning back into mesic and scrubby flatwoods, with scrub and wetlands, just west of US Highway 1. Findings from staff's alternatives analysis, including detailed descriptions of each alternative site, are provided below. Site A — Currently Proposed Location This 38-acre site is located on the east side of Taylor Dairy Road, south of Indrio Road. The site is presently zoned "Agricultural, Residential (AR-1) and is dominated by mesic pine flatwoods habitat, interspersed with small depression marshes, each estimated to be less than 0.5-acres in size. Environmental Resources Department staff noted the presence of native habitats; potential Florida scrub -jay, wading bird, and Eastern indigo snake habitat; and gopher tortoises during an October 5, 2009 initial site visit. Due to the abundance of slash pines at this site, native tree Environmental Resources Department Final Report North County Regional Water and Wastewater Treatment Plant October 4, 2010 impacts would need to be addressed during development of detailed site plans. Mesic flatwoods is not considered an imperiled habitat. Wetlands are considered Environmentally Sensitive Areas (Comprehensive Plan _Policy 8.1.12.4). This site is not .within, the St. Lucie County International Airport property. Site B This approximately 80-acre site consists of three parcels, all of which are zoned IL. Site B is located just east of the currently proposed location (Site A) and is dominated by mesic pine flatwoods habitat, interspersed with environmentally sensitive wetland areas, grading into scrubby flatwoods in the site's southeast corner. Environmental Resources Department staff noted the presence of native habitats, potentially supporting the Florida scrub jay, Eastern indigo. snake, gopher tortoise, and wading birds, during site visits in August and September 2010. Due to the abundance of slash pines and other native trees at this site, tree impacts would need to be addressed during development of detailed site plans. Scrubby flatwoods habitat is ranked by the Florida Natural Areas Inventory (FNAI) as imperiled. According to the County's Comprehensive Plan, imperiled habitats are considered Environmentally Sensitive Areas (Policy 8.1.12.4). The Airport Layout Plan (April. 2010 Draft) designates this site as a proposed future industrial development area. Site C This 52-acre site is zoned IL and is dominated by scrubby flatwoods habitat, interspersed with wetland areas. Environmental Resources Department staff noted the presence of native habitats, potentially supporting the Florida scrub jay, Eastern indigo snake, gopher tortoise, and wading birds, during site visits in August and September 2010. Fewer slash pines are present at this site, compared to Sites A and B; therefore, native tree impacts would be less of a concern. However, potential impacts to Environmentally Sensitive Areas, such as scrubby flatwoods and wetlands, would require avoidance, minimization, and mitigation. The Airport Layout Plan (April 2010 Draft) designates this site as a proposed future industrial development area. Site D This 268-acre site consists of two parcels, both of which are zoned IL. The parcels are dominated by open, grassy fields, interspersed with environmentally sensitive wetland areas. This site includes a disturbed, previously cleared area wherein Federal Emergency Management Agency (FEMA) trailers had been stored. Mesic pine flatwoods are present in the site's southwest corner and along its eastern perimeter. The predominance of disturbed habitats at this site reduces the potential for native habitat impacts. Fewer slash pines are present at this site, compared to Sites A and B; therefore, native tree impacts would be less of a concern. Potential wetland impacts would require avoidance, minimization, and mitigation. Environmental Resources Department staff noted the presence of native and non-native habitats, potentially supporting the Florida scrub - jay, Eastern indigo snake, gopher tortoise, and wading birds, during site visits in August and September 2010. The Airport Layout Plan (April 2010 Draft) designates this site as a proposed future industrial development area. Site E Page 2 SAerd\Environmental Regulations\SITE PLANS\North County Regional Water Treatment\NCtyRegionalWaterTrtmt rezone finalrpt Sept10final.dom Environmental Resources Department Final Report North County Regional Water and Wastewater Treatment Plant October 4, 2010 This 195-acre site consists of six parcels. The primary zoning of this site is Conservation Public (CPUB), which covers approximately 140 acres. Other zonings designated for portions of this site include -40 acres of IL along the westernmost portion of the .site, 10 acres of Residential/ Conservation (R/C), and five (5) acres of Commercial, General (CG). The site includes a mix of wetlands, scrubby flatwoods, mesic pine flatwoods, scrub, and xeric hammock areas. Environmental Resources Department staff noted the presence of native habitats, potentially supporting the Florida scrub -jay, Eastern indigo snake, gopher tortoise, and wading birds, during site visits in August and September 2010. Potential native tree impacts would be a concern, primarily along the westernmost portion of the site. The eastern areas, wherein canopy trees are not as abundant, contain imperiled habitats, such as scrubby flatwoods, wetlands, and scrub. Additionally, the easternmost lands are identified on the St. Lucie County Native Habitat Inventory (Site 28, B-rank), and therefore are considered Environmentally Sensitive Lands (Land Development Code [LDC] Section 6.04.01). The Airport Layout Plan (April 2010 Draft) designates this site as a proposed gopher tortoise, scrub -jay, wetland, and tree mitigation area. Summary of Alternative Sites Environmental resources at the sites being considered include potential listed species habitat, native upland habitat, native trees, and wetlands. A similar suite of listed species, including gopher tortoise, Florida scrub -jay, Eastern indigo snake, and wading birds, could potentially occur at all sites. Except for Site D, all sites are dominated by native habitat. Sites B, C and E contain imperiled native upland habitats, while the upland habitats present at the remaining sites are not considered imperiled. All sites contain environmentally sensitive wetland areas, which would require avoidance, minimization, and mitigation during development of detailed site plans. All sites contain native trees, though the more densely -canopied mesic pine flatwoods, which dominate Sites A and B, would involve greater potential native tree impacts than the more open areas near the center of the airport. Based on ERD's evaluation of the alternative sites, the site with the least potential environmental impacts would be Site D, particularly the former FEMA trailer storage area within this site. Regardless of the site chosen, the Environmental Resources Department (ERD) will conduct further review through the site plan and/or building permit review process. The following will be required when detailed development plans are submitted for review: 1) Wetland delineation (Land Development Code [LDC] Section 11.02.09.A.2.d.4); 2) Tree survey (LDC Section 11.05.06.A.3); 3) Environmental Impact Report (LDC Section 11.02.09.A.5), including surveys for listed species and discussion of efforts to avoid and minimize impacts to wetlands, native trees, native upland habitats, imperiled habitats, and listed species; and 4) Landscape plan (LDC Section 7.09.00). Recommendation ERD recommends the Utilities Department consider locating the proposed treatment facility at the former FEMA trailer site, or elsewhere within the non-native habitats of Site D. If this alternative site is not feasible, staff supports rezoning of the currently proposed site. Please contact Yvette Alger at 772-462-2866 if you have any questions. Page 3 S:\erd\Environmental Regulations\SITE PLANS\North County Regional Water Treatment\NCtyRegionalWaterTrtmt rezone final rpt_Sept10final.docx Environmental Resources Department Final Report North County Regional Water and Wastewater Treatment Plant October 4, 2010 Figure 1. Alternative Facility Locations 0 0.25 0.5 1 Mlles N Page 4 S:\erd\Environmental Regulations\SITE PLANS\North County Regional Water Treatment\NCtyRegionalWaterTrtmt rezone finalrpt Sept10final.docx AUGUST 19, 2010 PLANNING & ZONING COMMISSION MEETING MINUTES AND STAFF REPORT 1 St. Lucie County 2 Planning and Zoning Commission/ Local Planning Agency 3 Roger Poitras Annex, Commission Chambers, 3rd Floor 4 August 19, 2010 Meeting 5 6:00 p.m. 6 In the event of a conflict between these written minutes and a compact disc recording, 7 the compact disc shall control 3 9 I. CALL TO ORDER 10 Chairman Mundt called the meeting to order at 6:30 p.m. 11 A. Pledge of Allegiance 12 B. Roll Call 13 Craig Mundt ...................................... Chairman 14 Pamela Hammer .............................. Commission Member 15 Edward Lounds (arrived 6:40) .......... Commission Member 16 Stephanie Morgan ............................ Commission Member 17 Barry Schrader ................................. Commission Member 18 Brad Culverhouse ............................ Commission Member 19 Kathryn Hensley ............................... Ex-Officio Member 20 21 Members Absent 22 Britt Reynolds .................................. Vice -Chairman 23 Tod Mowery ...................................... Commission Member 24 Susan Caron .................................... Commission Member 25 26 Staff Present 27 Heather Young .................................Assistant County Attorney 28 Heather Lueke..................................Assistant County Attorney 29 Mark Satterlee..................................Planning and Development Services Director . 30 Kara Wood ....................................... Planning Manager 31 Michael Powley .................................County Engineer 32 Karen Smith ...................................... Environmental Resources Director 33 Ron Harris ........................................ County Surveyor 34 Jeff Johnson ..................................... Senior Planner 35 Diana Waite ...................................... Senior Planner 36 Michelle Hylton ................................. Recording Secretary 37 38 C. Announcements 39 Mr. Satterlee notified the Commission of the Green Jobs and Innovation Corridor charrette 40 around the Treasure Coast Research Park, and briefly described the goals for development in 41 that area. 42 D. Disclosure 43 Mr. Culverhouse stated he received missed calls from Matthew Wynne and Mr. Stewart. 44 Mrs. Hammer stated she would recuse herself from the Hardscapes item because she 45' believes they did work for PGA Village and she does not want to risk a conflict. 46 Mr. Mundt stated he discussed the agenda with staff earlier in the week. 47 48 11. MINUTES 49 Review the minutes from the July 15, 2010 meeting for approval. 50 Mrs. Hammer moved to approve the minutes. 51 Mr. Schrader seconded. The motion carried 5-0. 52 III. PUBLIC HEARINGS 53 A. North County Regional Water and Wastewater Treatment Plants 54 Rezoning: RZ 920094011 - continued from the May 20, 2010 Meeting. 55 Petition of St. Lucie County Utilities for a change in zoning from the AR - 1 56 (Agricultural, Residential - 1 du/acre) Zoning District to the U (Utilities) Zoning District 57 to accommodate the proposed North County Regional Water and Wastewater Treatment 58 Plants. (Request continuance to October 21) 59 Chairman Mundt opened the public hearing. 60 No one spoke. 61 Chairman Mundt closed the public hearing. 63 Ms. Morgan seconded. The motion carried 5-0 64 (Mr. Lounds joined the Commission) 65 B. MCZ/ Centrum Citrus Farms. CU 220061426 Planning and Zoning Commission August 19, 2010 Minutes ITEM NO. IIIeA DATE: 8119110 AGENDA REQUEST REGULAR' ( ) PUBLIC HEARING (X) LEG. t ) QUASWD (X) CONSENT t ) TO: Planning and Zoning Commission PRESENTED BY: Kristin Tetswort SUBMITTED BY: Planning & Development Services, Senior Planner Planning Division SUBJECT: Rezoning request of St. Lucie County Utilities to change the zoning from the AR-1 (Agricultural, Residential — 1 du ! acre) Zoning District to the U (Utilities) Zoning District. BACKGROUND: See attached memorandum. (FUNDS AVAILABLE: NIA PREVIOUS ACTION: January 21, 2010 Continued to a date certain of May 20, 2010. May 20, 2010 Continued to a date certain of August 19, 2010. RECOMMENDATION: Staff recommends continuing this item to October 21, 2010 toallow additional time for St. Lucie County Utilities to continue investigating alternative sites. Coordination/Signatures County Attorney (X) County Surveyor Daniel S. McIntyre County Engineer (X) 1MV( Michael Powiey Originating Dept. (X) qo�: 11hWk Sah'wfbe ERD (X) �h'/`� _ - Ron Harris (X) C;P� Karen Smith Planning and Development Department TO: Planning and Zoning Commission THROUGH: Mark Sattedee, AICP, Planning & Development Services Direct FROM: Kara Wood, Planning Manager Kristin Tetsworth, Senior Plan DATE: August 19, 2010 SUBJECT: Rezoning request of the St. Lucie County Utilities to change the zoning from the AR-1 (Agricultural, Residential — 1 du / acre) Zoning District to the U (Utilities) Zoning District. ITEM NO. 111 A Background: At the January 21, 2010, public hearing of the Planning and Zoning Commission, two adjacent property owners came forward and raised questions regarding the site selection process and whether or not other sites were considered by St. Lucie County Utilities. Utilities Director, Laurie Waldie, outlined the site selection process that the County went through in 2005 and responded to questions in that regard. Furthermore, details of the acquisition were presented such as the purchase price of $2.3 million dollars and other expenses associated with the purchase. At the request of the BOCC, staff has been requested to conduct further research on other properties that may be suitable for siting the proposed plants. At that public hearing, the petition was continued to a date certain of May 20, 2010 to allow time for the Utilities Department to hold a neighborhood meeting and prepare a response to questions regarding the history of the acquisition of the site for this Commission. Additional time is needed to research other possible sites for the proposed water and waste water treatment plant. At the May 20, 2010 public hearing, the petition was continued again to a date certain of August 21, 2010 to allow additional time for the Utilities Department to continue investigating alternative sites for the proposed water and waste water treatment plant facility. Recommendaflon• Staff recommends continuing this Item to a date certain of October 21, 2010 at 6 pm, or as soon thereafter, to allow additional time for St. Lucie County Utilities to continue investigating alternative sites. MOTION TO CONTINUE TO A DATE CERTAIN: 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, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THIS ITEM BE CONTINUED TO A DATE CERTAIN OF OCTOBER 21, 2010, AT 6 PM OR AS SOON THEREAFTER, IN THE CHAMBERS OF THE BOARD OF COUNTY COMMISSIONERS, TO ALLOW AMPLE TIME FOR ST. LUCIE COUNTY UTILITIES TO ADDRESS OUTSTANDING QUESTIONS AND CONTINUE INVESTIGATING ALTERNATIVE SITES FOR THE PROPOSED WATER AND WASTEWATER TREATMENT FACILITY. H" ring date. August 10, 2010 Goa RZ 920094011 St. Lucie County lftilities 772-4V-1160 East side of Taylor Dairy Road, approximately 114 miles sotm of Inddo Road. d the & Z n-ira7 MX0 (Oxed usaf Mvelop- ment) AR-1 (Agricultural, Resitden- tlat-1 dulacre) Continue the Item to a date certain of October 21, 2010 to allow additional time to con- tinue Investigating alternative sites. Kristin Tetsworth Senior Planner 172482-6456 .,S COUNTY F L 9 R I D A North 1County it®gion.al' Water and Wastewater 0 AGENDA ITEM No. VI -A Tmatment Punta Rezoning • t. e£'itagi� flag , matatg �i'+1 arniit&e Stnrt. of drrdrio Road. projeato"C011PUM staff RecommendslUm The $t. Lucie County uthities petition for a change Continue the Item to a date *NWn of co- in zoning from the AR-1 (Agdouitural, Reaidendal) toter 21, 2010 to allow additional 9me to Zoning 019tr1ct 10 u (US11ties) Zoning District for 38 continue imrestigaft alternative sites. acres of land on the east we of Taylor Dairy Fur"r detilis am avattaiite in the Grovo Road Is ftoessary to accommodate the proposed t9areag en Deparbree coe'tacc North County RegWat Water and Wastewater Treatment Plants. atop Kdstin T Tel. 7iM UN Back9maa+Q t mall t, wa ucdecoorg On December 3. 2009. the Development Review Mail 230pVirprniaAvenue Committee oeriilied the application to move for- FoRtPlemeFlorms wand to the next step in the development flMew 34982 process This'eeaaning would penYtit the St. Lucia Tire St. tAwle County Planning and Zoning county Water & Sewer District to apply for a site 06"W"on has ft Power to grew aret rec- plan to cortsbtact future water & wastewater planis 0"nMW to the M. Lode, County Board of on this site. Tits first P & Z public hearing was Courtly for approver or d I*d on January 21, 2010 and was continued to a pmval, any apptca m wtlttein hoer' area of re - date certain of May 20, 2010. The Item was con- sponelb". tinued again to a date certain of August 19, 2010 to continue evaluating alternative sites. The LDC Anyone wAh a +diaax+W 100V - SecWn 1100.03 (B) (2) 'requires any County- tlon to a8and meeting may aorutact the SI..0 initiated amendment to 0'e Olf'dai Zoning Ages Conm'ualty ,Disk Manager at least 48 how$ in affecting tern Contiguous ages or more, to be the advance at �24az 1�4Pwi�y32.+a�t.4428 subject of two advertised public beatings by the Board of County Commissioners. MAY 20, 2010 PLANNING & .ZONING COMMISSION MEETING MINUTES AND STAFF REPORT I St. Lucie County 2 Planning and Zoning Commission/ Local Planning Agency 3 Roger Poitras Annex, Commission Chambers, 3'd Floor 4 May 20, 2010 Meeting 5 6:00 p.m. 6 In the event of a conflict between these written minutes and a compact disc recording, 7 the compact disc shall control. E 9 I. CALL TO ORDER 10 Chairman Mundt called the meeting to order at 6:00 p.m. 11 A. Pledge of ., 12 B. Roll Call 13 Craig Mundt ...................................... Chairman 14 Britt Reynolds ..................................Vice -Chairman 15 Pamela Hammer .............................. Commission Member 16 Edward Lounds................................ Commission Member 17 Stephanie Morgan ............................ Commission Member 18 Tod Mowery ...................................... Commission Member 19 Barry Schrader ................................. Commission Member 20 Brad Culverhouse ............................. Commission Member 21 Susan Caron .................................... Commission Member 22 Kathryn Hensley ............................... Ex-Officio Member 23 24 Members Absent 25 None. 26 Staff Present 27 Heather Young .................................Assistant County Attorney 28 Heather Lueke..................................Assistant County Attorney 29 Mark Satterlee..................................Planning and Development Services Director 30 Kristin Tetsworth............................... Senior Planner 31 Diana Waite......................................Senior Planner 32 Robin Meyer.....................................Building and Code Regulations Manager 33 Michelle Hylton ................................. Recording Secretary 34 Dawn Milone..................................... Recording Secretary 35 36 C. Announcements 37 None. 38 D. Disclosures 39 Mrs. Hammer asked Ms. Young whether she should recuse herself for an item since 40 she has a business relationship with the engineer on the project. Ms. Young advised 41 her to recuse herself if she felt uncomfortable with the situation. 42 43 Il. MINUTES 44 Review the minutes from the April 15, 2010 meeting for approval. 45 Ms. Hammer noted her changes to the minutes. .-IT 11INT111 47 Ms. Caron seconded. The motion carried unanimously. EE 49 Ill. PUBLIC HEARING 50 A. Ordinance No. 10-010: County Attorney — continued from, the February 18, 51 2010 meeting. 52 Petition of the County Attorney of draft Ordinance No. 10-010 which, if adopted, would 53 require that advance notice of expert documents and expert testimony that is proposed 54 to be introduced at a public hearing be fled with the County's Growth Management 55 Director at least ten days before the public hearing. Staff comments and presentation by 56 the County Attorney's Office. 57 Ms. Young stated since the February 18 public hearing, staff has been looking at the 58 ordinance, and at this time, staffs recommendation is to cancel the public hearing, and re- 59 advertise if the ordinance will go forth. 60 Mr. Schrader motioned for the cancellation of the public hearing. 61 Mr. Lounds seconded. The motion carried unanimously. 62 C. North County Regional Water and Wastewater Treatment Plants Rezoning: RZ 63 920094011— continued from the January 21, 2010 Meeting. 64 Petition of St. Lucie County Utilities for a change in zoning from the AR — 1 65 (Agricultural, Residential — 1 du/acre) Zoning District to the U (Utilities) Zoning District 66 to accommodate the proposed North County Regional `Hater and Wastewater Treatment 67 Plants. Planning and Zoning Commission May 20, 2010 Minutes 68 Chairman Mundt stated staff has requested to continue this item to the August 19 meeting. 69 Chairman Mundt opened the public hearing. 70 No one spoke. 71 Chairman Mundt closed the public hearing. 72 Mrs. Hammer motioned for continuation of the item to August 19, 2010. 73 Ms. Morgan seconded. The motion carried unanimously. 74 B. Ordinance No. 10-021— Pain Management Clinics 75 County staff is directed to analyze the effects of pain management clinics in the County, 76 to analyze the criteria for such additional standards under the zoning and land 77 development regulations in connection with the issuance of any development permits, 78 business licenses, or approvals for the location of pain management clinics within the 79 unincorporated St. Lucie County. Staff comments and presentation by the County 80 Attorney's Office. 81 Ms. Lueke presented the petition. 82 Chairman Mundt opened the public hearing. 83 No one spoke. 84 Chairman Mundt closed the public hearing. 85 The commission discussed the moratorium that the County will use to find actions they can 86 take to prevent the abuse of pain management clinics. 87 Mr. Schrader asked if there have been any requests for pain clinics to date. Ms. Lueke stated 88 there are currently nine existing in St. Lucie County, eight of which are in the cities, one in the 89 unincorporated county. 90 Mr. Schrader asked how staff was notified of this. Ms. Lueke stated it was initiated by the 91 Sheriff because there has been an apparent trend of the clinics migrating north. 92 Ms. Caron stated the public should know we are specifically talking about clinics that target 93 prescription drugs and narcotics. 94 Mr. Mundt asked if the cities were looking into similar ordinances. Ms. Lueke stated Port St. 95 Lucie is. Planning and Zoning Commission May 20, 2010 Minutes Department MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Diredtdrzu PROM: Kara Wood, Planning Manager Kristin Tetsworth, Senior Plann DATE: May 20, 2010 SUBJECT: Petition of St. Lucie County Utilities for an amendment to the Official Zoning Atlas to change the zoning from the AR-1 (Agricultural, Residential — 1 du / acre) Zoning District to the U (Utilities) Zoning District. ITEM NO. III-C Neighborhood Meeting April 29, 2010: At the January 21, 2010, public hearing of the Planning and Zoning Commission, two of the adjacent property owners came forward and asked questions regarding the site selection process and whether or not other sites were considered by St. Lucie County Utilities. The petition was continued to a date certain of May 20, 2010 to allow time for the Utilities Department to hold a neighborhood meeting and prepare a response to questions regarding the history of the acquisition of the site. On April 29, 2010, the Neighborhood Meeting was held in the offices of the Planning and Development Services Department at 6:00 pm. Mr. Bennet and Mr. Sinnot, the two neighbors that attended the public hearing in January, also attended the meeting. The engineering consultants for St. Lucie County Utilities, CDM, was present in addition to the Director, Laurie Waldie. County staff included Todd Cox from the Airport• • Division, and Mark Satterlee, Planning & Development Services Director. Discussion began with a brief overview and history of how the County came to purchase this parcel for the North County Water/Waste Water plants. The Director, Laurie Waldie, outlined the site selection process that the County went through in 2004 and responded to questions in that regard. Furthermore, details of the acquisition in 2005 were presented including the purchase price of $2.3 million and other expenses that were associated with the purchase, permitting and planning. Both of the neighbors went through their checklist of questions, which were addressed one by one. CDM explained the technical details of the infrastructure including the depth of the wells for -the -water --supply and the -depth of -the -deep -well -injection system for the disposal of -treated wastewater and water treatment byproduct (concentrate). Photographs were shown of another facility depicting how the proposed facility will look at ground, or eye, level when all of the landscaping and set backs are taken into consideration. Details on the permits that have been obtained from South Florida Water Management District and the $160,000 in fees that have been paid, were also discussed by CDM. Further, the Utilities Director explained that a lot has been invested in this site besides just the financial commitments. The amount of time that it has taken to obtain the permits, in addition to the site assessments is very substantial and there will be an additional cost to request movement to another site. The Environmental Impact Statement has been completed which included the wetland assessments, endangered species analysis and tree surveys. The approximate cost of the entire facility, upon completion, is over $40 million, not including the purchase price and initial fees for the permits and studies to be done. The County tried to get "stimulus" funding, however, were not able to secure any funds. Therefore, grants will be applied for in addition to low interest loans to fund the construction. The first signs of construction may not occur until 2013 with the major construction beginning in 2014. Both of the neighbors expressed concerns and fears regarding the potential noxious odors and a decline in their property values. Both of the neighbors also want the County to consider moving the facility away from their property. Mr. Bennet stated "- just so it isn't due east of his home." Mr. Sinnot inquired if the County would be interested in buying his property. Both of the Directors reiterated that the County does not have any funds available to purchase any additional land or any alternative sites. County staff has been directed to consider other lands that may be available that the County already owns to determine whether or not it makes sense to relocate the planned facility. A few random parcels further south of the current location were discussed which included parcels within the Airport: Park of Commerce. However, each site is unique and maq present its own issues and circumstances that the County would have to evaluate including compliance with FAA regulations. The meeting ended on a note that County would continue to research alternate sites if any are readily available within the portfolio of County owned real estate. The neighbors will be apprised and kept up to date of any new developments. The Planning & Zoning Commission public hearing will be opened at the May 20, 2010 hearing, only to be continued to August 19, 2010 to allow for the additional time for staff to consider any and all other possibilities if there are any. JAN UARY 21, 2010 PLANNING & ZONING COMMISSION MEETING MINUTES AND STAFF REPORT I St. Lucie County 2 Planning and Zoning Commission/Local Planning Agency 3 Commission Chambers, 3Id Floor, Roger Poitras Annex 4 January 21, 2010 Meeting 5 6:00 p.m. 6 7 In the event of a conflict between the written minutes and the compact disc, the compact di: 8 shall control. 9 10 11 I. Call to Order 12 13 Chairman Mundt called the meeting to order at 6:04 p.m. 14 15 A. Pledge of Allegiance 16 17 B. Roll Call 18 Craig Mundt ................................. Chairman 19 Barry Schrader .:....arrived 7:00.... Vice -Chairman 20 Britt Reynolds................................Commission Member 21 Pamela Hammer ......................... Commission Member 22 Susan Caron ............................. Commission Member 23 Brad Culverhouse ..arrived 6:15... Commission Member 24 Edward Lounds ............................ Commission Member 25 Stephanie Morgan ........................ Commission Member 26 Kathryn Hensley ........................... Ex-Officio Member 27 28 Members Absent 29 Tod Mowery ................................. Commission Member (excused) 30 31 Staff Present 32 Mark Satterlee .............................. Director, Growth Management 33 Robin Meyer............................Assistant Director, Growth Management 34 Heather Young.............................Assistant County Attorney 35 Linda Pendarvis ........................... Planner, Growth Management 36 Britton Wilson ............................... Sr. Planner, Growth Management 37 Larry Szynkowski..................... Sr. Planner, Growth Management 38 Dawn Milone................................ Recording Secretary 39 40 C. Announcements 41 42 None. 43 44 D. Disclosures 45 46 Ms. Morgan stated she had a conversation with an interested party regarding item III E, 47 Mrs. Hammer stated she had a conversation with Chuck Ray regarding the previous 1 1 2 No one spoke. 3 4 Chairman Mundt closed the public hearing. 5 6 Mr. Lounds motioned after considering the testimony presented during the public 7 hearing, including staff comments, I hereby move that the Planning and Zoning 8 Commission of St. Lucie County recommend that the St. Lucie County Board of 9 County Commissioners deny approval of the petition of Sudy Perez-Lizano, for a 10 petition to amend the official zoning atlas from AR-1 (agricultural, residential - 1 11 du/acre) to RM-5 (residential, multifamily - 5 du/acre) based on staff's 12 recommendations and findings. 13 14 Mr. Reynolds seconded 15 16 Roll Call: 17 Mr. Schrader- yes 18 Mr. Culverhouse- yes 19 Mrs. Hammer- yes 20 Ms. Morgan- yes 21 Ms. Caron- yes 22 Mr. Reynolds- yes 23 Mr. Lounds- yes 24 Chairman Mundt- yes 25 26 Motion passed unanimously. 27 28 D. North County Regional Water and Wastewater Treatment Plant 29 Rezoning: RZ 920094011 30 Petition of St. Lucie County Utilities Department for a change in zoning 31 from the AR - 1 (Agricultural, Residential - 1 du/acre) Zoning District to 32 the U (Utilities) Zoning District to accommodate the proposed North 33 County Regional Water and Wastewater Treatment. 34 35 Mr. Szynkowski, Growth Management Sr. Planner stated that this item is a petition of the 36 St. Lucie County Utilities Department for an amendment to the Official Zoning Atlas 37 to change the zoning for land owned by the County located on the east side of Taylor 38 Dairy Road, approximately '/4 mile south of Indrio Road from the AR-1 (Agricultural, 39 Residential - 1 du / acre) Zoning District to the U (Utilities) Zoning District. 40 41 Mrs. Waldie, Utilities Director stated this property was approved for purchased in March 42 2005 by the St. Lucie County Board of County Commissioners with the intent for a 43 utilities facility in the future. Since that time, the Utility Department and County have 44 moved forward utilizing this property in the Master Plan, Capital Improvement Plan and 0 I Water Supply Plan. Every intent was to use this site for both water and wastewater. A 2 site analysis has been done. 3 The reason the Utilities Department is coming forward now is to get their ducks in a row 4 for the future and possibly stimulus money to start testing on the site. 5 6 The first step in the process is to have the zoning approved. 7 8 Chairman Mundt opened the public hearing. 9 10 Robert Sinnott and Wayne Bennett spoke in opposition of the project stating there are 11 other properties where the Utilities Department can build the Regional Wastewater 12 Treatment Plant that are zoned industrial without burdening residential neighboring 13 properties and cause spot zoning. 14 15 Chairman Mundt closed the public hearing. 16 17 The Commission discussed the possibility of putting this facility in a utilities, light 18 industrial zoned area of the county or the airport. 19 20 Mr. Satterlee proposed to continue the hearing to a date certain to give Mrs. Waldie an 21 opportunity to fully explain why this particular site was selected. 22 23 The Commission discussed whether this item should be continued. 24 25 Ms. Hensley stated the Commission needs to know what property was bought for the 26 airport with FAA dollars because that puts a significant constraint on what could be put at 27 the airport. 28 29 Mr. Satterlee stated the neighboring properties would be notified that this item was 30 continued and a neighborhood meeting will be scheduled. 31 32 Mrs. Waldie clarified her previous statement stating she did not mean that this project 33 was being rushed because of stimulus dollars. Her point was the Utilities Department has 34 been looking at the site since 2008; they did apply for stimulus dollars but were rejected. 35 36 Chairman Mundt pointed out that all Capital Improvement Projects have been put on 37 hold. 38 39 Chairman Mundt reiterated that this project is to be continued for justification on why this 40 project needs to be in this location and to bring other site options to the Commission. 41 42 Mr. Lounds stated staff should take the time and exhaust all avenues before bringing this 43 item back to the Commission. 44 45 Mrs. Waldie stated that the Commission needs to understand that some of the property 46 discussed by the Commission is not owned by the County. There are no dollars to buy 47 any property and the Utilities Department already put over two million dollars into this 48 project. 10 1 2 Mrs. Hammer motioned to continue this item to Thursday, May 20, 2010 at 6:00 3 p.m. or as soon thereafter 4 5 Mr. Reynolds seconded. 6 7 Roll Call: 8 9 Ms. Morgan stated she had a problem continuing this item if it was going to come back 10 on the same piece of property. 11 12 Ms. Morgan wants staff to bring this item back with other site options. 13 14 Mr. Culverhouse- yes 15 16 Ms. Caron- no, stating in her opinion there was not an answer given if this item was 17 going to be brought forth with other options. 18 19 Mr. Schrader- no, stating based on the facts that Ms. Caron brought up included with the 20 continuance. 21 22 Mr. Lounds suggested a revote to clarify the original motion. 23 24 Mrs. Hammer clarified her motion stating the motion is to continue this item to 25 Thursday, May 20, 2010 at 6:00 p.m. or soon thereafter in order for staff to supply 26 additional information of the possibility of other sites and if not other sites the 27 reasons why this is the only site in their eyes that could possibly work and then a 28 decision will be made. 29 30 Ms. Caron seconded. 31 32 Ms. Morgan stated for discussion, if they are going to come back with another location 33 this item gets withdrawn and a new application has to come before the commission. 34 35 Mr. Satterlee stated that his understanding was that staff is going to bring back to the 36 Commission more specific reasons (further analysis) why this site has been selected and 37 look at alternative sites. This application is not being withdrawn. 38 39 Chairman Mundt stated the motion maker and the seconder had withdrawn the original 40 motion. 41 42 Roll Call: 43 Ms. Morgan- yes 44 Mr. Lounds- yes 45 Mr. Culverhouse- yes 46 Ms. Caron- yes 47 Mr. Schrader- yes 48 Mr. Reynolds- yes 11 1 Ms. Hammer- yes 2 Chairman Mundt- yes 3 4 Motion passed unanimously. 5 6 E. Tropical -Martini: CU 420093969 7 Petition of Ranjana Patel for a Conditional Use Permit for the business known as 8 Tropical Martini to allow the operation of a free standing drinking place (alcoholic 9 beverages) in the CG (Commercial, General) Zoning District. 10 11 Mr. Szynkowski, Growth .Management Sr. Planner stated the location of this item is 8589 12 South US Highway 1, is via La Buona Vita Drive. 13 14 The future land use is COM (Commercial),and the zoning is CG (Commercial, General) 15 RMH 5 (Residential, Mobile Home) zoning is to the west and the rest of the surrounding 16 area is CG (Commercial ,General). 17 18 In February 2009, the petitioner changed the business (dba) name to Tropical Martini. 19 On February 16, 2009, Code Enforcement Staff of St. Lucie County issued a Notice of 20 Violation, for operating a bar/night club without a conditional use permit, zoning 21 compliance permit and occupational license. Pursuant to Section 3.01.03 (S) (7) b, 22 drinking places serving alcoholic beverages require a Conditional Use permit in the CG 23 (Commercial, General) Zoning District. 24 25 On April 6, 2009, Ranjana Patel submitted an application to St. Lucie County Growth 26 Management Department for a Conditional Use Permit to allow the continued use of a 27 freestanding drinking place known as Tropical Martini. 28 29 On October 2, 2009, Ranjana Patel conducted a neighborhood meeting at 8589 S. US 30 Highway 1. Nine residents of La Buona Vita Cooperative attended the meeting. The La 31 Buona Vita Cooperative is an age 55 and over development with 189 units of 32 manufactured homes in the RMH-5 (residential, Mobile Home) Zoning District abutting 33 the western boundary of the subject site. 34 35 The residents of the community raised their concerns about the noise generated. by the 36 Tropical Martini into the early morning hours and trash left on their residential property. 37 The residents recommended that the applicant reduce the sound emanating from the 38 nightclub by hiring a sound engineer at the applicant's cost. During the meeting, staff 39 explained that County has a noise ordinance to control any noise pollution and staff 40 ensured the residents that the County will coordinate with the Department of Code 41 Enforcement Division to enforce the noise ordinance. Ms. Patel agreed to work with the 42 community and address their concerns. To eliminate any adverse effect, staff suggested 43 three conditions of approval. 44 45 1. The petitioner, their successors or assigns shall comply with all the applicable 46 conditions of the St. Lucie County Noise Ordinance No. 06-021. The Code 12 ITEM NO. III-D DATE: 1 /21 /10 AGENDA REQUEST REGULAR ( ) - PUBLIC HEARING (X ) LEG. ( ) QUASI -JD ( X ) CONSENT ( ) TO: Planning and Zoning Commission PRESENTED BY: Larry Szynkowski, AICP SUBMITTED BY: Growth Management Department Senior Planner SUBJECT: Petition of the St. Lucie County Utilities Department for an amendment to the Official Zoning Atlas to change the zoning for land owned by the County located on the east side of Taylor Dairy Road, approximately 1/4 mile south of Indrio Road from the AR-1 (Agricultural, Residential — 1 du / acre) Zoning District to the U (Utilities) Zoning District. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Forward to the Board of County Commissioners a recommendation for Board adoption of Resolution No. 10-004 granting approval as outlined in the agenda memorandum. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Coordination/Signatures County ( ) County Surveyor ( ) Attorney r-1 Daniel S. McIntyre Ron Harris County ( ) ERD ( ) AEngineer Michael Powley yy¢� Karen Smith Originating ( ) Dept. Mark Satterlee Hearing Date: January 21, 2010 GM File Number RZ 920094011 Applicant St. Lucie Utilities 772-462-1150 Property Location East side of Taylor Dairy Road, approximately 1/4 miles South of Indrio Road. Land Use & Zoning MXD (Mixed Use Develop- ment) AR-1 (Agricultural, Residen- tial-1 du/acre) Staff Recommendation Forward to the Board of County Commissioners a rec- ommendation for Board adop- tion of Resolution No. 10-004 granting approval as outlined in the agenda memorandum. Project Staff Larry Szynkowski—AICP Senior Planner 772-462-6456 Indrio Rd Water and Wastewater 0 AGENDA ITEM No. III-D Treatment Plants Rezoning RZ-920094011 North County Regional Water & Wastewater Treatment Plants Subject property srr, N Aerial flown Jan. 2009 e , 500 ft. notification area _ er.Pcr.0,,edS ti ern.Me Location: East side of Taylor Dairy Road, Approximately 1/4 miles South of Indrio Road. Project Description The St. Lucie County Utilities Department petition for a change in zoning from the AR-1 (Agricultural, Residen- tial) Zoning District to U (Utilities) Zoning District for 38 acres of land on the east side of Taylor Dairy Road is necessary to accommodate the proposed North County Regional Water and Wastewater Treatment Plants. Staff Recommendation Forward to the Board of County Commissioners a recommendation for Board adoption of Reso- lution No. 10-004 granting approval as outlined in the agenda memorandum. Further details are available in the Growth Management Department —please contact: Background On December 3, 2009, the Development Review Com- Staff Larry Szynkowski—AICP mittee certified the application to move forward to the tel. 772-462— 6456 next step in the development review process. This re- Email szynkowl@stlucieco.org zoning would permit the St. Lucie County Water & Mail 2300 Virginia Avenue Sewer District to apply for a site plan to construct future Fort Pierce, Florida water & wastewater plants on this site. 34982 In addition, Land Development Code Section 11.00.03 The St. Lucie County Planning and Zoning (B) (2) requires any County -initiated amendment to the Commission has the power to review and rec- Official Zoning Atlas affecting ten contiguous acres or ommend to the St. Lucie County Board of more to be the subject of two advertised public hearings County Commissioners, for approval or disap- by the Board of County Commissioners. The BOCC, on proval, any applications within their area of re - December 15, 2009, approved the request to advertise sponsibility. the public hearings of February 16, and March 2, 2010. Anyone with a disability requiring accommoda- tion to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 Growth Management Department MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterle r agement Director CAV r FROM: Kristin Tetsworth, Planning Manag Larry Szynkowski, AICP, Senior P14 ner DATE: January 21, 2010 SUBJECT: Petition of the St. Lucie County Utilities Department for an amendment to the Official Zoning Atlas to change the zoning for land owned by the County located on the east side of Taylor Dairy Road, approximately % mile south of Indrio Road from the AR-1 (Agricultural, Residential —1 du / acre) Zoning District to the U (Utilities) Zoning District. ITEM NO. III-D Background: On September 15, 2009, the Growth Management Department received an application for an amendment to the Official Zoning Atlas from the Utilities Department for property owned by the County near the St. Lucie County Airport. On December 3, 2009, the Development Review Committee certified the application to move forward to Public Hearings before the Planning and Zoning Commission (P&Z) and the Board of County Commissioners (BOCC). In addition, Land Development Code Section 11.00.03 (B) (2) requires any County -initiated amendment to the Official Zoning Atlas affecting ten contiguous acres or more, to be subject of 2 advertised public hearings by the Board of County Commissioners. Therefore, on December 15, 2009 the Board of County Commissioners authorized staff to advertise for this public hearing before the Planning and Zoning Commission January 21, 2010; and two public hearings before the Board of County Commissioners on February 16, 2010 and March 2, 2010. SECTION 11 06 03 Standards for Review for an Amendment to the Official Zoning Atlas In reviewing the application of a proposed amendment to the text of this Code or an application for a proposed amendment to the Official Zoning Atlas, the Board of County Commissioners and the Planning and Zoning Commission shall consider: A. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed U (Utilities) Zoning District is consistent with the St. Lucie County Land Development Code (LDC). The underlying land use for the subject property is MXD North County Regional Water and Wastewater Treatment Plants Amendment to the Official Zoning Atlas/Rezoning January21, 2010 Page 2 Airport (Mixed Use Development -Airport). According to LDC Section 11,09.02, Table 11- 1, Land Use Category/Zoning District Compatibility Chart, the proposed the U (Utilities) Zoning District is considered compatible with the MXD-Airport (Mixed Use Development - Airport) land use designation. B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; In Figure 1-7d of the St. Lucie County Comprehensive Plan the subject property is located within an area designated as MXD-Airport (Mixed Use Development -Airport) on the Future Land Use Map. The S.U. (Specific Use Area) for the subject property is S.U. — COM/IND that restricts uses to those within the COM (Commercial) and IND (Industrial) land use designations. The U (Utilities) Zoning District is also compatible with the COM (Commercial) and IND (Industrial) land use designations. C. Whether and the extent to which the proposed'' zoning is inconsistent with the existing and proposed land uses; The proposed U (Utilities) Zoning District for the subject property is consistent with the vacant U (Utilities) Zoning District to the south and IL (Industrial Light) Zoning District to the east. The proposed Utilities Zoning District would also be consistent with the AG-1 (Agricultural — 1 du/1 acre) Zoning District to the north; an aquaculture facility is proposed on this property. The residential neighborhood to the west in the AR-1 (Agricultural, Residential — 1 du / acre) Zoning District is buffered by existing pine flatwoods with a thick coverage of palmettos on the subject property. In addition, there is an 80 foot wide right-of-way for Taylor Dairy Road and a 70 foot wide Fort Pierce Farms Water Control District Canal #3 right-of-way situated between the subject property and the residential neighborhood to insure compatibility between the proposed use and the existing residential neighborhood. D. Whether there have been changed conditions that require an amendment; This rezoning is part of a long range strategy by the County Utilities Department to provide services to address the future growth of the northern county area. E. 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 intended use for this rezoning is not expected to create significant additional demands on any public facilities. The availability of water and sanitary sewer services in the northern County area will be increased upon completion of the future treatment plants on the subject property. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The 38-acre subject site is dominated by pine flatwoods habitat, interspersed with four small depression marshes. Each marsh is estimated to be less than 0.5-acres in size. During an October 5, 2009 initial site visit, Environmental Resources Department staff North County Regional Water and Wastewater Treatment Plants Amendment to the Official Zoning Atlas/Rezoning January 21, 2010 Page 3 noted the presence of native habitats, potential Florida scrub -jay habitat, and gopher tortoises. As part of the next step in the development process, the applicant will be required to comply with all federal, state, and local- environmental regulations. Submission of the following will be required: 1. Wetland delineation (LDC Section 11.02.09.A.2.d.4); 2. Tree survey (LDC Section 11.05.06.A.3); 3. Environmental Impact Report (LDC Section 11.02.09.A.5), including surveys for listed species and discussion of efforts to avoid and minimize environmental impacts; and 4. Landscape plan (LDC Section 7.09.00). County, state and federal agency review of the future project design will ensure that the future development, if approved, would not result in significant adverse impacts on the natural environment. G. Whether and the extent to which the proposed amendment would adversely affect the property values in the area; Rather than adversely affect the property values in the area, the availability of water and sewer service provided by the proposed treatment plants, would likely enhance the property values in the northern County area. H. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; The proposed change in zoning would result in an orderly and logical development pattern for the surrounding area. The proposed rezoning from the AR - 1 (Agricultural, Residential - 1 du/acre) Zoning District to the U (Utilities) Zoning District for 38 acres of land on the east side of Taylor Dairy Road is necessary to accommodate the proposed North County Regional Water and Wastewater Treatment Plants. These plants will be instrumental in creating an orderly and logical development pattern for the transportation, light industrial and residential uses in the northern area of the County by making water and sanitary sewer services available. I. 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 would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. J. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment. The Planning and Zoning Commission may raise other matters regarding this proposed amendment to the Official Zoning Atlas. North County Regional Water and Wastewater Treatment Plants Amendment to the Official Zoning Atlas/Rezoning January21, 2010 Page 4 Recommendation Forward to the Board of County Commissioners a recommendation for Board adoption of Resolution No. 10-004 granting approval as outlined in this agenda memorandum. Suggested motion to recommend approval/denial of this requested. 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, 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 ADOPT A RESOLUTION GRANTING APPROVAL TO THE APPLICATION OF NORTH COUNTY REGIONAL WATER AND WASTEWATER TREATMENT PLANTS REZONING FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL — 1 DU / ACRE) ZONING DISTRICT TO THE U (UTILITIES) ZONING DISTRICT, BECAUSE.... [CITE REASON 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, ST. LUCIE COUNTY AND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF NORTH COUNTY REGIONAL WATER AND WASTEWATER TREATMENT PLANTS REZONING FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL — 1 DU / ACRE) ZONING DISTRICT TO THE U (UTILITIES) ZONING DISTRICT, BECAUSE .... [CITE REASON WHY - PLEASE BE SPECIFIC] Environmental Resources Department Companion Report TO: Planning and Zoning Commissioners THROUGH: Karen Smith, Environmental Resources Department Director km-AolK-S FROM: Yvette Alger, Environmental Resources Department Amy Mott, Environmental Regulations Division ManagerAw `DATE: December 30, 2009 SUBJECT: Petition of the St. Lucie County amendment to the Official Zoning land owned by the County located c Road, approximately '/4 mile south (Agricultural, Residential — 1 du / (Utilities) Zoning District. Background Utilities Department for an Atlas to change the zoning for in the east side of Taylor Dairy of Indrio Road from the AR-1 acre) Zoning District to the U The Growth Management Department requested Environmental Resources Department (ERD) input on the applicant's request for approval of the proposed re -zoning. ERD coordinated with the applicant and Growth Management during our review. Findings ERD findings have been incorporated into the Growth Management staff report. Recommendations ERD does not object to the Growth Management recommendation of approval of the proposed re -zoning. Signature 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 RESOLUTION NO. 10-004 FILE NO.- RZ 920094011 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING APPROVAL FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU /1ACRE) ZONING DISTRICT TO THE U (UTILIbtt) ZONING DISTRICT FOR CE13TAIN PROPERTY SITUATE IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioner's .df St. Lucie County, Florida, based on the testimony and evidence including, but not limited to the staff report, has made the following determinations: 1. St. Lucie County Utilities Department, preseIrited a Oetition for a chan�ge�in zoning from the AR-1 (Agricultural, Residential) Zoning District to�'U (Utilities) Zoning District for certain property situate in St. Lucie County; Florida, as described in Part A below and depicted on the attached map as "Exhibit A 2. On January 21,,2010,:the St. Lucie County Planning and Zoning Commission held a public hearing on the pe'tition,,after publishing notice aLe t ast;10 days prior to the hearing and notifying by mah all owners of property; -Within 500'�faet of the subject property, and recommended that the Board of Count y, Commissioners approve/deny the hereafter described request for.an amendment to the`Official Zoning Atlas to change the zoning from theAR 1 Agricultural, Residential)Zoning District to U (Utilities) Zoning District for the peter `�' d in Part A. 3 ` n February 16,Oithis Board held the first public hearing on the petition, after publishing noticeat least 7 days@nor to the hearing and notifying by mail all owners of property within 500 f f the subiectW�perty 4. On Marchl'`�2010, this B§d held the second public hearing on the petition, after publishing notice at lease .clays pnc,,j o the hearing and notifying by mail all owners of property within 500 feet of the �sb e, o ert . r p Y 5. The proposed changenin zoning is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 6. The proposed change in zoning is consistent with the existing and proposed uses in the surrounding area. March 2, 2010 File No. RZ 920094011 Resolution No. 10-004 Page 1 I NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 2 County, Florida: 3 4 A. The proposed amendment to the Official Zoning Atlas to change the zoning from the 5 AR —1 (Agricultural, Residential —1 du/acre) Zoning District to the U (Utilities) for the 6 project known as "North County Regional Water and Wastewater Treatment 7 Plants Rezoning" for the property owned by St. Lucie County and described below 8 is hereby approved/denied. 9 10 Legal Description: 11 The Southwest'/4 of the Southeast'/4 of Section 13, Township 34 South, Range 39 East, 12 LESS AND EXCEPT all rights of way for drallna'ge canals and public roads; all lying in St. 13 Lucie County, Florida. 14 15 Location: On the east side of Taylor'Dairy Road, approximateiy1/4;mile south of Indrio 16 . Road 17 18 Parcel ID#: 1313-430-00004000 5 , , ; 19 L 20 B. The St. Lucie County Growth Managemont Director is,.,,',,`hereby authorized and directed to 21 cause the notation. of this resolutlon.to be made on the Official Zoning Atlas of St. Lucie 22 County, Florida -an-p.enetohe dateofadopm.tion of this Resolution. 23 24 C. A Concurrency Deferral Affidavit, a copy W_ I.c is attached'to this Resolution as Exhibit `B," 25 was signed by the';appllcant:on January`31; 2010. 26 27 D. A copy of this Resolution shall bi mailed, return receipt requested to the owner and agent of 28 record as identified on the application. 29 30 E. This Resolution shall be recorded in the Public Records. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 March 2, 2010 Resolution No. 10-004 File No. RZ 920094011 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 After motion and second, the vote on this resolution was as follows: Commissioner Charles Grande, Chairman Commissioner Doug Coward, Vice Chair Commissioner Paula A. Lewis Commissioner Chris Dzadovsky Commissioner Chris Craft PASSED AND DULY ADOPTED This 2nd D Deputy Clerk XXX JNTY COMMIS NTY, FLORIDA AS TO FORM AND ESS: County Attorney Is GA PROJECT FILES\North County Regional Water & Wastewater Treatment Plant\BOCC\Resolution 10-004 March 2, 2010 File No. RZ 920094011 ERS Resolution No. 10-004 Page 3 1 2 3 4 5 6 8 March 2, 2010 File No. RZ 920094011 _.EXHIBIT A Vicinity Maps Site Location ,M Resolution No. 10-004 Page 4 N � c6 W � o r z tl N Q C Q I A �t 3 i e � (V � (D (tf a9 dan A o I 006 A I pen z f D �, � R\ye< 1.a9 o � � o �` aI0 �. .•...- — �,' 0 eJSA�oJ� ' �h I U fan � m As1r ,,✓_..., �.N���...., Sta\aPk++v � I7 S UISZ S )ama \ ,y '9 Pn!g osaly rc r E ga9,s m E — s ! m w n Pnl9 elonj 7S pod m ?1 aaN Pil swwep ouu01'3 m eiawyseo PTJ iep ioXel i.oF 9�S farPA H 11 AMH s6u!>1 a aW p o ! 111 O l spa alouiwaS owiol'M •a^- a BAYosiaw I 3�— P�uolsiiUop uolsuyoP I � p 3 �.pku1'1 I M pie6aj 65,11 I � i - P2lilliui"sNSpig U VI � m m c I76 C l — I MI J �P2i 6ulPIoH IeaPl � I — Pa uoll e0 ...yam leueo 4Z-o I c I leu I I �od I I oI 9 I y � I I —_—_—_—_—_---_—_—____--____—_--__—__--_---_—_—_—_____—_—_—__-- ___—____--_—__.--_—_----I Iqunoo aagogoaaHo zQ o � N E cu Q Q) Q � L— (U J via cam cu � • ♦ vv� _U , cn fn {L E - E o LLLL U .O CUo SD a) N � 1 1 a���w �rn i a) 0 1 � 1 m cu cn 1 N 1 v 0 a�i-kNib'a�2�0l� bl �_ID i� , _ 0 C1) z . ♦' 10� `Ru°mmrn W LL 030 �f6 cu 0 UWgZ ' A Q �� N QQUUd n rZ cu 0 C) c� _ C: c U a),- :p J Q U u) W U � ,-, _ 0- O O U U C O O N Q�lN1H�SJNi),'1 Q Pzi Z 1 1 Q ��1 SJN1�1= cu L cu A O a- _U Q. O -� o O 0 0 1 1 1 1 1�/ c 0 N CI G CD I..L a--+ W L // EG -1-J co W L O M O� W N M �V ( O - 0) Q �L 4-4 O U L OU z ,.I I , O , L 1 1 1 1 1 1 1 1 1 1 1 1 Q i Q 1 1 1 1 1 1 1 as-Al�lI Va-a S9%W+---4 - Q U /V V11='ICJ �JIV 1�'1�1 Z Z U ' C� • Q Cc a) cu �+ O Q. U O `1= 0- O U � N O O U) Lo 1 1 1 1 a� � Z cc � � N LL �y a c V Q CID ^ LL a m -i-J E ♦ .� LO, L ccQ CD 1 ca 1 O ozs 1 1 Ern d�j J12jIba 2iO9�lt/1 E-a go 0.8 W 0 UU�2 L.L rZ -1-0 (� O V � CU o 0 CL o O N -Q o o Lo JIMH�SJNI�I�N 1-i MF7(-) olmil O s`iss3..r� w is 1 2 3 4 5 6 7 8 9 10 11 12 13 March 2, 2010 File No. RZ 920094011 Concur ffidavit Resolution No. 10-004 Page 5 St. Lucie County Concurrency Deferral Affidavit I, Laurie Waldie , residing or doing business at 2300 Virginia Avenue > Name Street Fort Pierce FL , 34982-5632 772-462-1150 City State Zip Phone have applied for a Rezoning from St. Lucie County, Florida, Type of Development Order for the following project: North County Regional Water and Wastewater Treatment Plants Name of Proposed Development I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity; in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Signed: i,' Date: ` Applicant STATE OF FLORIDA COUNTY OF e fo egoing instrgment was acknowledged before me this O day of , 20 > by — i who i ersonally k won won n o me or who has produced as identification. Lbn / Signature of Notary _ _ Type or Print Name of Nota ly Commission Number Page t of 1 Revised: April 1, 2008 (Seal) * * MY COMMISSION # DD 862000 EXPIRES: January 8, 2012 ��"rFOF FlGe��F Boww Thru Bud$ Notary 5VM" - 11% %Jv-1 11%)11 ST. LUCIE COUNTY GROWTH MANAGEMENT 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 —Fax: 772-462-1581 www.stlucieco.gov/growtl.i DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Growth Management Department to schedule an appointment. Submittal Type [check each that appliesl Site Plan ❑ Major Site Plan ❑ Minor Site Plan ❑ Major Adjustment to Major Site Plan ❑ Major Adjustment to Minor Site Plan ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Minor Adjustment to Major Site Plan ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use 1 ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Flood Damage Prevention ❑ Variance to Coastal Setback Line Rezoning 3 o Rezoning (straight rezoning) ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Rezoning with Plan Amendment Comprehensive Plan Amendment_4 ❑ Future Land Use Map Change ❑ Comprehensive Plan Text Amendment Other ❑ Administrative Relief ❑ Class A Mobile Home 5 ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 ❑ Land Development Code Text Amendment' ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # s ❑ Stewardships — Sending/Receiving o Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements 9 Aaalication Suaalement Packaaes 1. Conditional Use 4. Comp. Plan Amendments 7. LDC Text Amendment 2. Variance 5. Class A Mobile Home 8. Re- Submittal 3. Rezoning / Zoning Atlas Amend. 6. Historical Designation/Change 9. Waiver to LDC/Comp. Plan Requirements 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 July 14, 2009 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — GROWTH MANAGEMENT Application Type: Rezoning Supplemental Application Package No.: 3 (Please provide separate flee calculation worksheet for each application type) ® BASE REVIEW FEE: 2,500 $ (A) CONCURRENCY FEE: $50 (B) ® ERD REVIEW FEE: $150 (C) ® PER ACREAGE CHARGE: $950 (D) 13 RESUBMITTAL FEE: (if applicable) $ (E) ® OTHER $ SUBTOTAL OF BASIC FEES: $ ® PRE -APPLICATION MEETING FEE: (F) $( 250 ) deduction Receipt No. of Payment: Date of Pre App: 8/27/2009 3,400 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 3rd party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3rd party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Growth Management. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; ie. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Request St. Lucie County Utilities Applicant Name (Pri Page 2 of 6 Revised July 14, 2009 Signature of applicant 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: Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 9 copies) 1 Aerial Photograph — property outlined (available from Property Appraiser's office Property Deed El Legal description, in MS Word format, of subject property 0 Property Tax Map — property outlined (electronic copy not required) 0 Survey 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) Concurrency Deferral Affidavit; or ® 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' (10 copies- folded, not rolled) ® Boundary Survey — Signed and Sealed (10 originals) ® Topographic Survey — Signed and Sealed (10 originals) ii Landscape Plan — Signed and Sealed (10 originals) 13 Traffic Impact Report (TIR) (4 copies) if: 0 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 July 14, 2009 Project Information Proiect Name: North County Regional Water and Wastewater Treatment Plants Site address: Taylor Dairy Road Parcel ID Number(s); - 1313-430-0000-000-5 Legal Description: (Attach additional sheets if necessary — also must be provided in M5 Word tormat on uu) Attached Property location — Section/Township/Range: 13 34s 39E Property size — acres: 38 Square footage: 1,655,280 Future Land Use Designation: MxD Zoning District: AR-1 Description of project: of property from AR-1 to U to allow for future County -owned water and wastewater treatment plants. (Attach additional sheets it necessary) Type of construction (check all applicable boxes): ® Commercial Total Square Footage: Existing Proposed: 0 Industrial Total Square Footage: Existing o Proposed:208,000 13 Residential No. of residential units: Existing Proposed: No. of subdivided lots: Existing Proposed 0 Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised July 14, 2009 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of 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. ACKNOWLEDGMENTS Applicant Information (Property Developer): Name: St Lucie County Utilities Address: 2300 Virginia Avenue Fort Pierce, FL 34982-5632 Phone: 772-462-1150 Fax: 772-462-1153 Email: waldieL@stlucieco.gov Agent Information: Name: Camp, Dresser, & McKee Address: 1701 Highway A1A, Suite 301 Vero Beach, FL 32963 Phone: 772-231-4301 Fax: 772-231-4332 Email: yongetc@cdm.com Please indicate one individual to receive all official correspondence on this project. Name: Thomas C. Yonge Phone: 772-231-4301 Address: 1701 Highway A1A, Suite 301 Vero Beach, FL 32963 Alternate Phone: 772-473-3400 Email Address: yongetc@cdm.com Please use an address that can accept overn 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 shall 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. Property Owner Signature Mailing Address: 2300 Virginia Avenue Fort Pierce, FL 34982-5632 St Lucie County Property Owner Name ante Phone: If more than one owner, please submit additional pages STATE OF , COUNTY OF The foregoing instrument was acknowledged before me this day of 120, by who is personally known to me or who has produced as identification. Signature of Notary Commission Number Page 5 of 6 Revised July 14, 2009 (Seal) Type or Print Name of Notary 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE D. R l C RESIDENTIAL l CONSERVATION. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum gross density of one (1) dwelling unit per five (5) gross acres, together with such other uses as may be necessary for and compatible with low density residential 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. 2. Permitted Uses: a. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) C. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off -Street Parking Requirements. Off-street parking requirements shall be in accor- dance with Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements shall be subject to Section 7.09.00. 7. Conditional Uses: a. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) b. 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. Guest house subject to the requirements of Section 7.10.04. (999) E. AR-1 AGRICULTURAL, RESIDENTIAL - 1. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. The number in "( )" following each St. Lucie County Land Development Code 3:10 Adopted May 19, 2009 ZONING DISTRICTS 3.01.03 identified use corresponds to the SIC code reference described in Section 3.01.020. 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. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) C. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off -Street Parking Requirements. Off-street parking requirements shall be in accor- dance with Section 7.06.00. 6. Conditional Uses: a. Crop services. (072) b. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) C. Industrial wastewater disposal. (999) d. Kennels - completely enclosed. (0752) e. Landscaping and horticultural services. (078) f. Retail: (1) Fruits and Vegetables. (543) g. Riding stables. (7999) h. Veterinary services. (074) i. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Agriculture (farms and ranches accessory to single-family detached dwelling). (01/02) b. Animals, subject to the requirements of Section 7.10.03. (999) C. Guest house subject to the requirements of Section 7.10.04. (999) d. Mobile Home subject to the requirements of Section 7.10.05. (999) St. Lucie County Land Development Code 3:11 Adopted May 19, 2009 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE e. Retail and wholesale trade - subordinate to the primary authorized use or activity. F. RE-1 RESIDENTIAL, ESTATE - 1. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum gross density of one (1) dwelling unit per acre, together with such other uses as may be necessary for and compatible with low density residential 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. 2. Permitted Uses. a. Family day, care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) C. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off Street Parking Requirements. Off-street parking requirements shall be in accor- dance with Section 7.06.00. 6. Conditional Uses: a. Bed and Breakfast Residences - Subject to the requirements of Section 7.10.20. (999) b. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) C. Landscaping and Horticultural Services. (078) d. Veterinary Services. (074) e. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and including the following: a. Guest house subject to the requirements of Section 7.10.04. (999) b. Horses, subject to the requirements of Section 7.10.03. (999) St. Lucie County Land Development Code 3:12 Adopted May 19, 2009 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE (4) Retail trade accessory to the primary manufacturing or wholesaling use. (999) V IX INDUSTRIAL, EXTRACTION. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for the extraction of natural resources from the ground, together with such other uses as may be necessary to and compatible with industrial extraction 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. 2. Permitted Uses: a. Mining and quarrying of nonmetallic minerals, except fuels. (14) b. Mobile food vendors. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off -Street Parking and Loading Requirements. Off-street parking and loading require- ments are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. 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. Detached single-family dwelling unit or mobile home, for on -site security pur- poses. (999) W U UTILITIES. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for utilities, transportation, and communication facilities, together with such other uses as may be compatible with utility, transportation, and communication facility 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. 2 Permitted Uses: a. Air transportation services. (451,452) b. Agriculture, including farms, groves, and ranches. (01,02) C. Communication. (48) St. Lucie County Land Development Code 3:36 Adopted May 19, 2009 ZONING DISTRICTS 3.01.03 d. Electric services. (491) e. Electric transmission rights -of -way. (491) f. Gas pipeline rights -of -way. (492) g. Gas production and distribution. (492) h. Industrial wastewater disposal. (999) i. Railroad, rapid rail transit, and street railway transportation. (40,41) J. Sanitary services. (495) k. Transportation services. (47) 1. Telecommunication towers - subject to the standards of Section 7.10.23. (999) m. Water supply and irrigation systems. (494, 497) n. Water transportation. (44) 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 require- ments are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Airports. (458) b. Electric generation plants. (491) C. Gas production plants. (492) d. Land clearing and yard trash recycling operations - subject to the provisions of Section 7.10.12. (999) e. Natural or manufactured gas storage and distribution points. (492) f. Protective functions and their related activities - Correctional institutions. (9223) g. Solid waste disposal. (4953) h. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. (999) 8. 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(-ICI E :fdd; N T YY John Doe 2300 Virginia Avenue Fort Pierce, FL 34982 Public Hearing Date: January 21, 2010 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Time: 6:00 PM Applicant St. Lucie County Utilities 772-462-1150 A-genf Camp, Dresser, & McKee 772-231-4301 Property Location East side of Taylor Dairy Road Zoning AR-1 (Agricultural, Residen- tial-1 du/acre) Future Land Use MXD (Mixed Use Development) Staff Recommendation Forward to the Board of County Com- missioners a recommendation for Board adoption of Resolution No. 10- 004 granting approval. °I WI Indrio Rd ( I j � Subject property _ € 0 o St Lucie Blvd Oran eAv o D: Vr inial PUBLIC HEARING NOTICE North County Regional Water & Wastewater Treatment Plants Rezoning RZ-920094011 zoning North County Regional Water & Wastewater Treatment Plants CN I I CG PUD PUD RM-5 M-9 IfVtSRIO,R JCG AGA IL 1 1 , 1 A -1 , 1 soon. AG-1 AR-1 1 1 1 1 1 , 1 } 1 1 - --- - - - -- ! -' u on.I.Agd.luml lduraq PUD. Planned unn lx�almm¢m N Subject property AR-1-A9xuAurelina4ential(IMac) RM5-ResidenoelMultiFemiylStdulaci Q u�a.Le fp CG.Ccmmerciel GaneieI RM-9- Resldenoal Multi Fami,(9 dulac 1 1 IL" Ind�Vmeciaal Neighbmhood USUoliliees dental Single Femily(d Mac) 500 ft. notification area Met, prepledsevlemner29,2009 Public Hearing Description The St. Lucie County Utilities Department petition for a change in zoning from the AR -1 (Agricultural, Residential) Zoning District to U (Utilities) Zoning District for 38 acres of land on the east side of Taylor Dairy Road is necessary to accommodate the proposed North County Regional Water and Waste- water Treatment Plants. Background On December 3, 2009, the Development Review Committee certified the application to move forward to the next step in the de- velopment review process. This rezoning would permit the St. Lucie County Water & Sewer District to apply for a site plan to construct future water & wastewater plants on this site. In addition, Land Development Code Sec- tion 11.00.03 (B) (2) requires any County - initiated amendment to the Official Zoning Atlas affecting ten contiguous acres or more have two advertised public hearings by the Board of County Commissioners that will be held February 16, & March 2, 2010. 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. All interested persons will be given an op- portunity 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 Growth Manage- ment Department - Planning Division at least 3 days prior to the scheduled hear- ing. Further details are available in the Growth Management Department —please contact: Staff Larry Szynkowski, AICP Senior Planner Phone 772-462- 6456 Email szynkowl@stluciecoeorg Mail Growth Management Department 2300 Virginia Avenue Fort Pierce, Florida 34982 The Southwest 1/4 of the Southeast 1/4 of Section 13, Township 34 South, Range 39 East, LESS AND EXCEPT all rights of way for drainage canals and public roads; all lying in St. Lucie County, Florida. St. • MONDAY, DECEMBER 28. 2009 • SCRIPPS TREASURE COAST NEWSPAPERS • 83 i.l.. M O m `m d c 0 N N C as d d O Z y C 1 O U N 0) U Q cn 0) -0 C a) ZCL i= O F— � L -0 0 N_ O C Q f�5 U THINGS YOU NEED TO KNOW AlmostNewYeall Horn in onEUcs'party The Almost New Year's Party, an event The St. Lucie WestElkS Lodge wW,p , for Special Recreation participants, sour a New Year's Eve Gala Ballbegiaminge their families and friends, will be from 7 P.M. Thursday at the lodge, 440N.w Pea 6 to 8 P.M. Tuesday at the Port St. Lucie cock Blvd. in Port St Lucie. Tickets to LIT Civic Center, 9221 S.E. Civic Center Plam event, which includes a prime rib dinne Cost is$5 to$6. For information, call(772) and dancemtsicby Keith and Monica,ar 8074469 or go to cilyofpsl.com. $55 perperson. Proceeds benefitElkschar Don'tresistTemptations ties. For information, call (772) 344-9465. . The Temptations, with a slick -stepping, CamP $up sweet-soundinglineup that includes origi- The St, Lucie County Parks and Recta nal member Otis Wi iatrs, will perform 40 ationDepartmentwi0 have a holiday ram years worth of hits, such as"Papa was for kids ages 5-12from 7:30 a.m. to 5:30 p.n Falling Stone" and "TreatllerLikeafady" Monday through Thursday at the Haver asp.m wednesdayaltheSumiseTheatre, L. Fenn Center, 2000 Virginia Ave. in For 117 S. Second St in Fort Pierce Tickets are Pierce. Cost is$20 per day. Fbr informstior $W to W. Far information, call (772) 461- call (772) 462-1521. 4775 or go to sunrisetheatre.com. Scan the SlfleS Scatovertosee'Ella' Take part in the annual Audubm "Ella," a musical featuring more than Christmas Bird Count from 7 a.m. to two dozen of Ella FStzgerald's biggest hits, p.m. Thursday at locations throughou begins a run of more than two weeks on southern Martin County and norther) the Stark Stage at Riverside Theatre, 3250 Palm Beach County. The headquartersf Riverside Park Drive in Vero Beach, with the Hobe Sound Nature Center, 13640 S.E a show at 7:30 p.m. Thursday, Other shows U.S. 1 in Hobe Sound. To volunteer, cal this week will be at 8 p.m. Friday and Sat- (772) 546.2067 or e-mail info@hohesouni t rday. Tickets are $22 to $52. For more naturecentercom. information, call (772) 2316990 or go to riversidetheafle.com. Flnmstaffreports PORT ST. LUCIE Stuartman accused ofdrugtlat&clring A 25-year-old Stuart man faces charges after he was accused of Selling oxycodone pills Wednesday to an undercover Port St. Lucie police officer in the Walinartparkinglol. Nathaniel Jones Jr., of the 1300 block of Northwest Charlie Green Drive, was charged with felony tai ricking in oxycodone and felony sale and delivery of oxycodone. His driver, Melissa Rose Frost, 25, of the 1100 block of the Southwest Blue - water Way in Stuart, also was arrested and charged with felony trafficking in oxycodone and felony possession of a controlled substance. Jonesfnstsoldoxyoodone pills to officers on Dec. 14 in the Walmart parking lot and discussed future trans, actions, according to the affidavit. Jones remained in the county jail Sunday in lieu of $185,000 bail. Frost also remained there in lieu of $170,000 bail. TALLAHASSEE Fantasy 5 winner soldinStuart Four winnersof the "Fan- tasy 5" game will collect $63,629.82 each, the Florida Lottery said Sunday The winning tickets were bought in Stuart, Okeecho- bee, JacksonvIDeandMiami Gardens, lottery officials reported. The 366 tickets match- ing four numbers won $112 each. An additional 11,869 tickets matching three numbers won $9.50 each, and 113,540 tickets won a Quick Pick ticket for pick- ing two numbers. The numbers drawn Sat- urday night were 2.9-13-26- 29. Flom staff and wire reports ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA January 21, 2010 NOTICE OF PROPOSED ZONING DISTRICT CHANGE The St.Luckcount' Planning and2onino Cammisson Is scheduled ton few and make recommendations regarding the following item peldiuned by the applicant lot adoption by the Board Of County Commissioners of St. Lucie County, Florida. by rasolulioh. RESOLUTION NO. 10.004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE RESIDENIIAL-1 DU/I ACRE) ZONING DISTRIGTTOTHE U (UTILITIES) ZONING DISTRICT FOR CERTAIN PROPERTY SITUATE IN ST. LUCIE COUNTY, FLORIDA. APPLICANT: St. Lucie County Utilities FILE NU MER: RZ 920094011 LEGAL ofSCRIPTIDN: The Southwest 1/4 of the Southeast 114 at Section 13. Township 34 South. Range 39 East. LESS AND EXCEPT all lights of way for drainage canals and public roads: all lying in St. Lucie County. Florida. LOCATION: East side of Taylor Dairy Road. approximately V. Allies South of tndrto Road, PURPOSE: An amendment to the Onioial Zonino Alias to rezone the property from AR-1 (Agricultural, Residential lduracte) Zoning Disidd to U (Ulililies) Zoning Valid. ! @!4'tn y .. .` tier; :...a , a PlanningThe mill and Zoning Commission PUBLIC HEARING on this Itewbe kid in the Commission Chambers, Roperhts Ave Annex, 3rd t,,Ooh St. Lucre Count' Admini5lrolton Building, 2300 Virpink Avenue, Fort Pit,.. thelea on Thusib) J,Ni 2010 bepinninq al 690 P.M. or as soon Ihereanef sell. ssibk. All inlNeated persons will be given an opportunity, 10 be heard. Milk. comments received In advance of the public hearing will also be considered. which commeals to the Planning and Zoning Commission should be received by The Growth Management Department - Planning Division ai least 3 days prior to the scheduled lkofing. The peldion file Is available lot review at the Growth Management Department ohicas located at 230DVitpinia Avenue, 2ad Floor, Fort Pierce, Florida, during regular business hours. Please call 7721462-2822 of Too 7721462-1428 it you have any questions or iequite Nioml Nlorraalion. 9 St. Luck Count' Planning and ZoninoCommisslon hasihepuwef Wreview The proceedings of IN Planning and Zoning Commission are ekc0mically ttmded. PURSUANT TO Section 285 0105 Florida Slakaas h a prison decides to appear any decision made by the Nanning and Zoning Commission wilhfespM to any manerconsidered at a meeting or hearing. he or she will need record of the Dcc oadmos. For such purpose, he or she may need to ensure lhal a velbmim record of the proceedings Is made, which record Includes Inc lealimony and evidence upon winch the appal is to be based. Upon the request or any parry to the poccadmg. Individuals testifying during a hearing will be swam in. Any party 10 the procxding will be granted in opportunity to cross- examine any Individual testifying during a heaftng upon request if ti becomes nacerearry, a public hearing may be continued to a daiecartaln. Anyone with a disability requiring 1—h odalton to sound His meeting should contact the St. Luck County Community Risk Manager at least fa ietoN (48) hours pilot to the meeting at (772) 462-1546 or T.D.D. (772) 462.1428. My questions about this agenda may be fete Fred to St. Lucie County Mannino Otvolun it (772) 462.2822. PUNNING AND ZONING COMMISSION/ i :—=31L D D Riot here, every Sunday. 345537 HITS HOME zr d AGENDA REQUEST • TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [ J DENIED [ ] OTHER: County Attorney -D ITEM NOV-( DATE: July 3, 2012 REGULAR [] PUBLIC HEARING [XX] CONSENT [] PRESENTED BY: Daniel S. McIntyre County Attorney Ordinance No. 12-012 - Economic Ad Valorem Tax Exemption - Allied New Technologies See attached memorandum Staff recommends that the Board adopt Ordinance No.12-012 and authorize the Chairman to sign the Ordinance. CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals County Attorney: jd Management & Budget Purchasing: D21 S McIntyre Originating Dept. IOD — Solid Waste Mgr.: County Eng.: Michael Brillhart Finance: (Check for copy only, if applicable) Eff. 5/96 CouNTt f L O R I INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 12-0694 DATE: June 6, 2012 SUBJECT: Ordinance No. 22-012 -Economic Ad Valorem Tax Exemption -Allied New Technologies ********************************************************************************** BACKGROUND: On October 24, 2006, former County Administrator Doug Anderson wrote a letter to Michael Koven of Allied New Technologies ("Allied") outlining proposed economic development incentives if Allied determined to enhance and expand Allied's existing facilities in St. Lucie County. A copy of the October 24, 2006 letter is attached to this memorandum. One of the proposed economic development incentives was an economic development ad valorem tax exemption. Based on the proposed economic development incentives, Allied expanded its facilities in St. Lucie County. The expansion cost approximately $48 million dollars and resulted in the creation of 62 jobs. Pursuantto state law, Allied filed an application for an economic ad valorem tax exemption. The application was referred to the St. Lucie County Property Appraiser for review. Attached to this memorandum is a copy of the Property Appraiser's report. The Property Appraiser determined that Allied meets the definition of an expansion of an existing business as defined in Section 196.012, Florida Statutes. The Property Appraiser's estimate of the taxable value lost to the County if the exemption were granted is as follows: $ 1,425,700.00 Improvements to Real Property $27,749,033.00 Tangible Personal Property The Property Appraiser's estimate of the revenue lost to the County during the current fiscal year if the exemption were granted is $245,342.00. Also attached to this memorandum is a copy of draft Ordinance No. 12-012 which, if adopted would grant Allied a nine (9) year exemption according to the following schedule: Year 1 100% Year 2 100% Year 100% Year 4 100% 9 Years 100% Year 6 80% Year 7 60% Year 8 40% Year 9 20% Permission to advertise was granted on June 5, 2012 and notice was published in The Tribune on June 20, 2012. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No.12-012 and authorize the Chairman to sign the Ordinance. DSM/caf Attachments Respe&fully submitted nn 14.A ,I/ Daniel S. Mcln County Attorn I a ORDINANCE NO. 12-012 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR ALLIED NEW TECHNOLOGIES, 9549 RANGELINE ROAD, PORT ST. LUCIE, FLORIDA, AN EXPANSION TO AN EXISTING BUSINESS; PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD VALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO ALLIED NEW TECHNOLOGIES; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE OF BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT ALLIED NEW TECHNOLOGIES MEETS THE DEFINITION OF AN EXPANSION TO AN EXISTING BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I This Ordinance shall be known as County Ordinance No.12-012 "Economic Development Ad Valorem Tax Exemption - Allied New Technologies." ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County,. Florida", the Board grants and establishes an exemption from ad valorem taxation of the assessed value of equipment and building improvements for Allied New Technologies, 9549 Rangeline Road, Port St. Lucie, Florida, in accordance with the following exemption phase out schedule: Year 1 (Fiscal Year 2011-12) - 100% Year 2 - 100% Year 3 - 100% Year 4 - 100% Year 5 - 100% Year 6 - 80% Year 7 - 60% Year 8 - 40% Year 9 - 20% ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is $114,851,173,00. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $67,239.00. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $245,342.00. ARTICLE IV Expiration Date The Economic Development Ad Valorem Tax Exemption granted to Allied New Technologies, an existing business, shall be for nine (9) years from the date of Board adoption of this Ordinance. ARTICLE V indin The Board of County Commissioners of St. Lucie County, Florida, finds that Allied New Technologies is an expansion of an existing business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption if Allied New Technologies no longer satisfies the criteria set out above. ARTICLE VI Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. v ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. ARTICLE VIII Adoption After motion and second, the vote on this Ordinance was as follows: Chairman Tod Mowery XXX Vice Chair Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this day of 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney BOARD OF COUNTY COMMISSIONERS October 24, 2006 COUNTY 1 L O i, I !; Mr. Michael Vxven Chid Financial Officer Allied Universal Corporation 3901 NW 1 15 Avenue Miami, FL 33178 Re: Letter of Intent COUNTY ADMINISTRATOR DOUGLAS M. ANDEPSON 71211l M Dear Mr. Koven: Thank you for taking the time to meet with us August 8, 2006. One of St. Lucie CounVe goals is to establish a strong economic base, whHe at the sam makes time, providing SL Lucie County residents with good paying jo bs. This St. Lucie County the most aggressive business recrWter on the Treasure Coast. %r The County has a Business Retention and Expansion Program to assist County businesses with a wide variety of issues. The goal is to make the County's businesses. successful. The Workforce Developmaot Board of the Treasure Coast provides an ongoing service to local businesses in recruiting employees and training. The educational system, works with the business community to provide the programs and training - outlined below is our approved incentive package. Please keep in mind we are providing you with figures based on the noted current assumptions. The Ad Valorem incentive is subject to a public hearing and approval by the St. Lucie County Board of County Commissioners. The figures represent our best estimate at this time. Basic Assumptions: • Create 60 jobs Average wage rate is $20.50 per hour • investment $32 million, $2 million in land ew • Electricity usage: 12MW-15MW (for the first 2years� pof 25MVV) of 15NM and 12MW-25MW (after the first 2 years, � IW101'f)M E. WM. Donis rb t • DOW COWARD. D.ww No. 2 • PAULA A U!" DOW Mo. D • rRAMMr HU1CwMSOr+, fl r re"" • CHFO CW- D`VW No. 5 Cowry Adm~OW . DawgMA M. AAdVWn 2300Vy�p Averxwe • Fort pw", FL O4982-5b52 • Fhone (772) 462-7450 • TpD (772) 462 1428 FAX (772) 462.1o4b • VMO11: dou9O000.sr-1UC1e.fl.u$ web Site- www.00.Sr-1VM.H•LS Page 2 October 24, 2006 Letter of Intent St. Lucie County will provide: r Ad Valorem Tax Exemption estimated at $1,680,000 phased out over a 9- year period (where the first five years are paid at 10096 and the last four years are paid on a declining scale of 80%. 60%, 40%, and 20%). This is a reduction in your annual property teat and is based on the proposed 2006 tax mte. The dollars will be adjusted for dollars of investment and tax rates. The Ad Valorem Tax F 1Ition Will be subject to a public hearing to be held after completion of the project and the adoption of an ordinance. Electricity franchise tax refund mardmum cap of $3,500,DD0 over a ID - year period. Please note the franchise tax refunds on electricity is based on the Allied figures for electricity usage assumptions. In order to receive the electricity franchise tax refund, each monthly electricity statement must be submitted to County offices. At this time, the water and sewer can be supplied only by the City of Port St. Lucie. However, the Hoard of County Commissioners have asked for a `., workshop to discuss utilities for this area. Should the Allied Universal Corporation leave St. Lucie County within 15 years of the start up date of operations, the incentives listed above will be due back to St. Lucie County plus interest. All required road improvements required for the development will be provided by the developer at no cost to the County. Allied Universal Corporation agrees that the development site will not be annexed into the City of Port St. Lucie. St. Lucie County wants Allied Universal Corporation to be an important part of our economic base. These Ad Valorem require an acceptance letter, the completion of a formal application and approval of the County Commissioners including a public hearing. %aw Page 3 October 24, 2006 Letter of Intent Thank you foLYour consideration. rM. Anderson uatyAdmiaiatrator DMA:d v 06-170 c: Cynthia Angelos, Weiss, Handler, Angclos & Cornwell, P.A. TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Environmental Resources Department Environmental Regulations and Lands Division Huneke Shoreline Variance Request See attached memorandum. ITEM NO. VII-E DATE: 713/12 REGULAR ( ) PUBLIC HEARING ( x ) LEG. ( ) QUASI -JD (x ) CONSENT ( ) PRESENTED BY Jennifer EvansbVU Senior Environmental Planner FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Resolution 12-11.3, granting a shoreline variance, in accordance with Section 10.01.30 of the St. Lucie County Land Development Code. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Sic natures County AttorneyCounty Surveyor ( x )�'/� ( x ) Daniel S. McIntyre Ron Harris County Engineer (x ) Planning & ( x ) Development c'J Services G � Michael Powley Mark Satterlee Originating. Dept. ( x ) ' Karen Smith Environmental Resources MEMORANDUM TO: Board of County Commissioners THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: V Jennifer Evans, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Manager DATE: July 3, 2012 SUBJECT: Huneke Shoreline Variance Request ITEM NO. VII-E The purpose of this memorandum is to provide background information, findings and standards of review to accompany a request for Board approval of Resolution 12-113, granting a shoreline variance from the Land Development Code (LDC) St. Lucie River Shoreline Development Regulations (Section 6.02.02(B)(2)(a)). The LDC states, "No development activity or shoreline alteration is permitted along the St Lucie River unless a variance is granted by the Board of County Commissioners" (Section 10.01,30). Background The Huneke property is located at 1400 Parkland Boulevard and consists of 0.83-acres with a single family residence along the North Fork of the St. Lucie River. The residence was constructed in 1952 and is surrounded by a man-made basin to the north and east, and the St. Lucie River to the west. The applicant proposes to construct a seawall, with rip rap at the toe, along 76 linear feet of shoreline which would tie into existing seawalls on either side of the property. The shoreline is severely eroded with the loss of approximately five (5) feet of land that has sloughed into the river. The cause of the erosion appears to be reflective wave energy from adjacent seawalls. Findings The variance request is from Section 6.02.02.B of the LDC which requires setbacks from the shoreline of the North Fork of the St. Lucie River. Specifically, the LDC states "No development activity or shoreline alteration, including alteration of native vegetation and habitat, shall be permitted within 50 feet of the mean high water line on lots platted prior to August 1, 1989". Comprehensive Plan Policy also requires a minimum. 50-foot native upland buffer within the setback (Comprehensive Plan Policies 5.1.1.8 and 5.1.2.3). Since natural shoreline restoration would not likely be successful in such a high-energy environment and no other reasonable alternative exists, the LDC allows for the installation of an erosion control barrier to prevent further attrition and water quality impacts with an approved variance from the BOCC. In addition to the variance request to alter the shoreline, the applicant is also requesting approval of an alternative for the required 50-foot native buffer. The applicant claims that a 50-foot buffer is not feasible due to the .need for overflow parking, and 'instead, hasoffered to plant a native littoral zone orlsite and pay a fee in lieu which will be used to install an upland buffer of similar size on County - owned property. along the St. Lucie River. The Environmental Resources Department (ERD) has found the request for variance to be consistent with the standards of review for granting shoreline variances as detailed below. In addition, the ERD recommends approval of the alternative planting proposal since it achieves similar habitat and water quality improvements as that of the required buffer. ST. LUCIE COUNTY LAND DEVELOPMENT CODE STANDARDS OF REVIEW FOR GRANTING A WAIVER FROM SECTION 10.01.30 The Board of County Commissioners shall not grant a waiver unless it shall, in each case, make specific .findings of fact based directly upon the particular evidence presented supporting written conclusions that: 1. The variance requested arises from a condition that the particular physical surroundings, the shape, or topographical condition of the specific parcel of land involved, would result in unnecessary hardship for the owner or developer, as distinguished from a mere inconvenience, if the provisions of this Section are literally enforced, and the condition is created by the regulations of this Section, and not by an action or actions of the owner, developer or applicant; The requested variance appears to be the result of conditions unique and particular to the specific parcel. The severe erosion appears to be caused by a confluence of environmental factors including. the location of existing seawalls and boat traffic which amplifies the reflective wave energy on the Huneke shoreline. The erosion was not created by the actions of the owner and the consequent property loss does result in a hardship for the owner. 2. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject parcel of land is located; The Huneke property is bordered by existing sea walls on either side of the proposed retaining wall; therefore, impacts to adjacent property owners are not anticipated. 3. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structures; and The requested variance is the minimum necessary to prevent additional erosion, loss of property and damage to the applicants' home. Rip rap is environmentally preferable to the installation of a seawall alone because it restores the littoral zone and creates habitat for fish and other estuarine invertebrates. 4. The variance desired will not be opposed to the general spirit and intent of this ordinance or the St. Lucie County Comprehensive Plan. The requested variance is in support of the purpose and intent of applicable Comprehensive Plan Policies and the LDC. The purpose and intent of resource protection standards are to preserve, protect, and improve the public health and safety and to minimize impacts to the natural environment. The variance is necessary to prevent further loss of property and additional erosion. Although the proposed variance will result in impacts to the natural shoreline, the stabilization of the banks combined with littoral and upland buffer plantings (on and off -site) along the St. Lucie River will offset the impact and achieve a similar purpose and intent. Recommendation Board approval of Resolution 12-113, granting a shoreline variance, in accordance with Section 10.01.30 of the St. Lucie County Land Development Code. 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 RESOLUTION NO. 12-113 FILE NO.: BCC 220124398 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING A VARIANCE FROM THE PROVISIONS OF SECTION 6.02.02(B)(2)(A), OF THE ST.LUCIE COUNTY LAND DEVELOPMENT CODE - ST. LUCIE RIVER SHORELINE DEVELOPMENT REGULATIONS, TO ALLOW FOR THE CONSTRUCTION OF AN EROSION CONTROL BARRIER ALONG 76 LINEAR FEET OF THE ST. LUCIE RIVER SHORELINE LOCATED AT 1400 PARKLAND BOULEVARD IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Robert and Donna Huneke presented a petition for a variance from the provisions of Section 6.02.02(B)(2)(a), of the St. Lucie County Land Development Code — St. Lucie River Shoreline Development Regulations, to allow for the construction of an erosion control barrier along 76 linear feet of the St. Lucie River shoreline located at 1400 Parkland Boulevard. The purpose of the retaining wall with rip rap is to prevent any further erosion of the applicants' property and to protect their home from further damage from erosion and flooding. 2. On July 3, .2012, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 3. After consideration of the testimony presented during the public hearing, including staff comments and the standards of review for granting variances set out in Section 10.01.30, St. Lucie County Land Development Code, the Board of County Commissioners has made the following determination: a. The requested variance arises from a condition unique and particular to the specific parcel. The erosion along the shoreline was not created by the actions of the owner and the consequent property loss does result in a hardship for the owner. b. The requested variance will not impair or injure other property or improvements in the neighborhood in which the subject parcel of land is locate. The subject property is bordered by existing seawalls on either side of the proposed retaining wall and impacts to adjacent property owners are not anticipated. c. The requested variance is the minimum necessary to prevent additional erosion, loss of property and damage to the applicants' home. File No.: BCC 120124398 July 3, 2012 Resolution No. 12-113 Page 1 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 d. The requested variance meets the general spirit and intent of the St. Lucie County Land Development Code and the St. Lucie County Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code, the request of Robert and Donna Huneke for a variance from the provisions of Section 6.02.02(B)(2)(a), of the St. Lucie County Land Development Code — St. Lucie River Shoreline Development Regulations, to allow for the construction of a retaining wall, with rip rap at the toe to create an erosion control barrier along 76 linear feet of the St. Lucie River shoreline located at 1400 Parkland Boulevard is hereby (approved/denied) for the property depicted on the attached maps as Exhibit "A", subject to the following conditions: 1) Within 90 days of issuance of a building permit or prior to final inspection whichever comes first, per Section 7.09.05, Category I Invasive Exotic vegetation shall be removed from within the project boundary. Environmental Resources Department staff shall be notified for an inspection once completed. 2) Within 90 days of the issuance of a building permit, the applicant shall provide a plan for offsite mitigation of upland buffer plantings on a county owned and managed preserve or a fee -in -lieu of planting. The cost estimate for the fee -in -lieu of planting shall be approved by the Environmental Resources Director. The acceptable method of payment shall be a certified check payable to St. Lucie County. B. The property on which this variance is being approved is described as follows: All that part of Block 16, of River Dale Yacht Club Estates, Unit Two, according to the Plat therefore recorded in Plat Book 6, Page 40, of the public records of St Lucie County, Florida, which lies north of the extension of Parkland Boulevard, which extension is 50 feet wide, north and south, and the centerline of which is the extended centerline of Parkland Boulevard as shown on the above plat. Parcel ID# 3409-703-0124-000/7 C. The variance approval granted under this Resolution is specifically conditioned to the requirement that the petitioners, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental. Protection, and the South Florida Water Management District, prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part B. File No.: BCC 120124398 Resolution No. 12-113 July 3, 2012 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Erin D. The conditions set forth in Part A are an integral nonseverable part of the waiver approval granted by this resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the variance approval granted by this resolution shall become null and void. E. A copy of this resolution shall be mailed, return receipt requested to the developer and agent of record. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on -site development activities without obtaining such further development permits as may be required. After motion and second, the vote on this resolution was as follows: Todd Mowery, Chairman XXX Paula Lewis, Vice Chair XXX Chris Craft, Commissioner XXX Frannie Hutchinson, Commissioner XXX PASSED AND DULY ADOPTED this 3rd day of July 2012. ATTEST: DEPUTY CLERK File No.: BCC 120124398 July 3, 2012 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA IM Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Resolution No. 12-113 Page 3 1 2 3 4 5 0 7 Exhibit A General Location Map Huneke- ■_ �_ ter■ —_ _�_ __ __ �_ __ ME Variance 11111111 111 111111111,BCC �Lv� ..8 tdabelle Island Subject Prope �� � :11111111111111111111111 � '� IIIII��IINII 111111111N 111111111 � ' GOUNTY �� t File No.: BCC 120124398 July 3, 2012 Resolution No. 12-113 Page 4 CD CD O. a � a s� cn m T Rarer X;U.D C m cD n ca (D CD CD cn M o 5• 0 =1 (D cm M -,a T. N (D = CL 'rf^ : ARAPAHOE ST N O -24 .0 r. Q � � z W o LENAPE ST m 0 r�r Cl) D W LLJ r GARDENA ST. ' Ell c C) LS' n GD r'" N O W ;7 CD CD CO ST. LUCIEZOUNTY manning Development Somicos .Departme. nt .2300 VirqJ nl6.A49nua,-Ft.P%=. FL:34962 Offne: 7 72-462-2822 -far, -f 72-462-1581 DEYELOPMENTAPPXJOATION. p t0l.9chedule.a . R appoirdmam -Submftbi Type rcheck 91wRon Rezoninrt .D.❑ Mqjor�sftepw I WhorA.6. 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Alt:.$tlbmltS�ItC MUST' Tit =14040tsi6ided. mid•ciollliiad sets, Alapplications =tjlnc clemetallowing; Appliamfl6h, comp)eted in black ink, vAt,pmperty awnar algMMurt(0) end notary seal (i ;inginal and 11 00 POSI Property Apprais6r!vOffici .pwy Deed esw-ipWnArWS Wor.d.lonTga'. of..Subjemprbper ty- k Propefty T-X:Wqp_' pwpeny,owtlined�.(ei6d=i�c6]DV nOtIreqUIred) bi. SuNey viftifles named. a=rWng:to-Ihe -RdcliJIredNamin jc�mc . u . rmncy Defetsat.AfftdavX. .or 10. bes4ription.:and analysi 4`11he iMP2Ct Of the --UeVelDMarft.. on-pUblic;Wlitles. in.:'acootdar=--0�4 Me megib4cft awept2ble w the ..Courtly.:Thl . t . .-w . III mquli* a TMM;P6AWo6 'Assessmew-cra-fuUtraft lmpacvReport H: appucable. Slte:PIan-and:PIann*dApplications •must: also include:. r 0 - BOMa.". survey- stredAnd;s"W112M .ginawi TOOOgrapW*C.SLimy-.:Signed and Seated;t.lawww1s) Mi Lww=apa Plaii w! . gInalp.) E-2 TreffiP. fmpp at: Report M- R) i(4 0 50+ . ra.sld8rWWF.UrAts fiA ;X"arS, Hutchinson lc&Md [1-4 rinyknornamMImpacI:ReporL(4.c Oples).1, (see, -LDc Sedan i 1'Dzoq(s 0 The PM, art- 1 .P rs; :aWbSad: j)Fw1er he pm— pedy, regerxiless of -11ie..P.Mpmtyj . � ldmffjmd m 6a -15=aMabiw Inventmyfor SLC,% a The ft art,, wMin-the Onp.tjunclm.dYbarr, o. f 15ev6lopmentwN. or& Hutchinsap,104and Dawalopme.ntOrder .ExWnsion-.Applicaflons.minty Tequf:M the followft'. M Updalk Trafflc,Nielysis 11F."plicaft-J4 mp.)W 0 'Pleases rwt%+ Wy R. surwayar, .1hMV.y., orIffle agard.fs auftnized.to- p7YAL, a legal desaipfm_ 7he lapI description prcMdaii Is navaild for bur +PurpDses.. The. legal youi.providemw ON be used In all fulum-dacumeMalbIL heaftg.(#).. Pop& 3 at iS Rai ise:I.AuLmst 11- 2011 Pruieot'irrfnrmatfon P.nood Nam. 5�ite �tii9t�ss: _ L:ei#sl Description: (Attmrh:4dl'. MPsbetts-IF nedessery.—also mtbe.:proMidetli) W.ti/usiid.#met•on CD) wL P► erl fbcatror�: Se�Elota a l nge 01: 3 ' � 0 L Pmpec tim — acre'. a ' ;m 8�iisre tact FutuwLand',Uss Des- adult S F t .: Zvr�tng t�isfsic� � 5 ... Desa�pfivn aE:pr:�iRtfach acidik)onal.shai�s.ff rarjry T,y�ps nt canrusion•fedc;�I appli�ahte:}a}: L7. CC#Mnwc;*imi T,6tsi_S4,iat,41 tot ° EWsftU_ pmpcoet 0 hidusm Tout Square:Footags:.. EtisUng r used . isidarrtial No. of-residenUsi unds: EAftji Pry Na, aPsubciwed tam ExSM9 t'ropowd' {3dier Plemespe:iys` Numbe and.ti= OFcs LParOels licablel- Pads 4 of- 6- SPECIAL.NOTICE (PLEA-SE.REAC'9EF'ORE•SIGNING ACKNOWLEDGMENTS BELOM Submission ar'ihis application do •rwf conatitutt•'.tkc prarft4 cF:approval.., to appropriate: rr uirertaents:rnusi b8 met priorta H is,Pnojed iac,prz rrtecl':frrirpprovsi 10he-Orapr.Wczuthcr7ty- -St. Lude•Coun:.yres" the right-ta:r 5iuest:a[Stlit±unal inlanr&iun.tv-bnsura,a ccrnploie'review-oCthis-projecL ACKNOWLEDGMENTS @u5lnbss Nance. Q�A � Name r'_k� 1-t+ 4st�� at Pt {pi,�se use.an�sttdress:thaf:caa accept:a►emighi packark) phQrat�'�Sr Ear E_rnaB' Anent. -Information: i�rrlE'.� 4r��.. �•i:.i•�' } rtiridr255;24C r v7ri .r �r { •mn ".-ase.une an awrass t w can accept auemtg'm parkagcs.'r% r ♦. Fes; *-�'�•`�.��a "/���•s�.�j�n�, y E maT .L d 'r� Nr1%�• '! t�l'�l ASP �1'[1r1., C_1�S .�r1^1 Plaasa.tkot$: Gatk apptitafat.and agerr w111 race}uca}Gc>lflcial srnksspartclancc.ssn tttts proj"t Prsiprrl ,CWmcr.I'taformatiop I3kts _appfiCatimn and arty appli=tion Wppilernenf un1Y nrx of .ccxnsider . cempletz ws#hou; the. arYtsrizsd signah" of ap'vroyerty owom cf rec=d whirl shO senrg os.art of;hr .subm4lial of .this aPA alto str:approval, ' he -}mopes, en+mers.sigi�aturr belows r�Il also servz°asauthors ti Y, :fc�r the cue aRPirAlt-ar agenttth ad MIXI'laff Or. Said PrOPWW U-Mer, 4 1 ce IV Wisilinc AddreSw f a 0: �}lC , l ,i+�-� e Phone: f•- f li rridre;tlsanone �t►ifer,.please •Ezdlrrrntta�ditieatai f � SATE OF .... ti:Y �jA.. COt NT`! OF flee #ciienrsfng in tncitrcn! was ar,f"rt lezlgrsGi-befpre' to dBY cf r: c^ !, 20 . ; s by %f1 )' ?`t: I AJM4 who is persomilly'known Am Tne: arvAm has. pr chime J •as.t#erttt�atics�. f lr'•t . rr».I �Ctimrrits - hlisnber {Ssg '.�:irxua?:r� w V. iti ra Hid xtk `ax^.0& Z015 Reulsed.au=rsf i1, 20-:1 supplemeryt2 S State [astans• v+ihy this: •variadae: v►n7i• •Wait �•be •i[ijudfnis: to other. prppe andiev improvemer4s to the.aeigh ood n' Which: the scibjsdt� Iczated + The:�irupbsed �ruig.w�tl:and 77p-rap.`4u[Il nc�[ be:irtjvcrn�rs tb.:#heattierpzyperfy a,Mners errdt rr+ htaarhogd:zm R will:improuetivaler quality and:is-in;bet en ttae.ex[s#ing•wafl below -the pndge:on.,the outhsside aind...behuesn:the dsdiargs rrif:tt a brinage canal :.hladti + 1=t�ritier [ia[r[age ta:Ui wEi is i�ot:prgposed as Jhpre,is' aiready an. ad)binft waUtidiawe bridge: W. .Rip -gyp wig .also:. asses# in redUcft Mave..energy and, :.prouides babRat for rpg:jisb and:nahve vegsWog •that W ffjil er.redUce..emsm-.and promid , '.t5., sfali uhy tf variance hoOnomase treifi_� Ahe danger. of *p- orinpair pro�es-ky�lises •in,tt� r�ytitiofiaod:�rn vrigch :the sriti%.� prroPerty `as located t Tt�e n infng wall and rip -rap wUnat.. iz=essa,traffir : nor,incmase the...danger,cF •fire; .ar [mpsir property tralu6s; In the elotonccad. • P!pp' valtaes shouts} mcreasE d[ae to an. improvement. in waruaiity and. ha 't * The eat n' g . awaY wit,6 #4he shordilie Siam it wlil be more a#st#tetio2ti�+ slap ficrg foilniui09 Mt F Wgsra5nrt icthabiting itte; np raP: . 7: stale rhy this variat is tha . minimu€n variance. *at wip •nyake. pc it e a bsasci[sata[e-use ut :land t tit :eind s#etrcxts s • Tk[e rnaximurra ua you be taa atZt ,fora seav�all' as�d back3til the, IW prsp�ec�r 'ttus�apprnarb �ruaa••ncat taken.. A reasanabie appr ch is Isinstall . as upland :retalhi[tg w[�ir thaf is Ian dwavd: of Vie mean h 0h.vow line -and. face: fit va#h ijp�mp. •- R4I pis one of the mos# •e*ectwe means' of dimsipatincg wave my f anew m vessel§ ffow from the: a40iniflg dreie[g�e. canal. iaativeve.getEltion is not pret+entin9 the etoaian. Pagr.2or5 Rovimict .fa7uerY'1A 20 [2 Sup,memanu 8, Explsiinhoiw this s proppsq0:-matiance..is.consistent with .the general spiritof the LDC 9W i.he SL. Lucie COLMW Comprehensive -Plan.. • St L-uda,rlounty is a proponesit. Or-water-quaft and native -habitats; The-propps'ad. reta-fining -vull and:rjp-mp W*P1,,PtOfkt .tbe exisong-nafive vegetation from cordinding to IaUInt6:thL- n'V e*,r. • The Huneke's* Jare Te'questi6g Ihis -variance. toprevant more. oss -af.their property - into the Wwer.thq*, n6gativelylinpacting wifter'.quality and .also -a 16ss•-of native 11815M., -9. Is this vaiance, request JomWO within a Homaowd&t nr Pmperty Owners- Aswd4m? YES Md. if yas .4hen-Jeffor is re9 uired. • FDT. any van I ance:;mpltm "kqthn: an area that.has:a_-.Hameawners or -Property Owners Aswclation, s IeUp,.r from Ou-4Associat(pa is statingAh eir posftbn.:reg afdlhg the variance restuest 1.0. Name- 4 AzsbdW=' NIA 11. Is, them -a Wttar Irom .that association.attached? YES: NO • Plasse. attach- a ftgram. aUthe, property, Shcwpg the dimensions. of the lot. Emd all cdhardimensionsonecessary to understand this application.. • Per LDC. Sec6on TO.04: 04A)t7). It the pripe is son3lit. to; er-adt.or-incrmse the. height; bf - any pem.-At the graitth of any jr, car to .use property in 0. Alrpprt Zones estabAshatl - hn Serficin.4.00'60 the: ap shall b& nied, prication e=M Alien` daterm'', anon: fm.m the Fed6ml. Aviation Administration,..{FAA Form 7AW as. -to ft:dfec€ a the proposal . on tt.& operation of air navigation. WIffies end'th I e:W6, aftiont ds.ebf naivigable eirs Except. for tioa-residential. 9=essoryl structures In AG,t, AC,2.5 and AG-S.. if t.he api0cation Is for .100%: variance from the. -wd frontage req6traments, Prae, -of access. shWl'be fumished with the soplicaVoTt • I (we) have reviewed LDC Section IU1 .00- inclON. thequostions; to be anmyeved by the applicantJor a:vaariance and wild. be prepared,to aintI%'V'IFeza questiorm of the Public -hearing. PfiqS 3 Of 5 Revise& Jsrwary 10, 2012: Snpplehient;Z tj9da Pete' Applicant orAgent'Name� (p tt?d). i nature Pape �3 015: t3euPEd' Janus 11; . , A(rL ; 00 r � E P� S lea a� 13 E �C wwo 0) 00 zz ,t m ��z `mU T ti 90 Xt J .- w —5 V- wM •Qo o Z D -C wo w 8 o � r FOR n. as I D—M a Zh�r J 0 • cam A. C. U.1 :+ c a y n '�A qr•� c R X 9 W O 0 L G r- F � 9 WQ< 3� Z � 4 83A18 atom 'is W f` I a CQw W Q �- a x o � P 0 tr < a. } o LJ Z h CL e I c � . m s° Q. o d X ; T. s� G r- F � 9 WQ< 3� Z � 4 83A18 atom 'is W f` I a CQw W Q �- a x o � P 0 tr < a. } o LJ Z h CL e I c � . m s° Q. o d X ; T. s� � a .� LIJ -- 20 'v > O od = %V .. LtI G� L c �-� a_H� J9. zp I 'a d a v R &za 'p Lu w x 'w v m z.- CLC4criv: ICSaarzas M 72 c v L 0 {L. V m 7L O a a o Regining WdH and Lire Huneke Residence In Rip -Rap Cross ' �� 14b0 Pnrklnnd Blvd, ,z 1 is Secfion-K-RA' �772j5�5-07 FAX (772)545-07s2 Ft. Pierce, FL 34982 LEGAL DESCRIPTION; All fhat part of Block 16, of liver Dale Yacht Club Estates, Unit Two, according to the Plat therefore recorded in Plat Book 6, Page 40, of the public records of St Lucie County, Flor- ida. which Lies north of the extension of Parkland Boulevard, which extension is 50 feet bride, north and south, and the centerline of which is the extended centerline of Parkland Boulevard as shown on the above plat. Public Hearing Notice Meeting Time: 6:00'PM (or soon thereafter) Tuesday, July 3, 2012 ,Applicant Robert Huneke i 4W Parkland Blvd Fart Pierce, FL 34982 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Applicant Robert Huneke 1400 Parkland Blvd Post Pierce, FL 34992 File Number BCC 220124398 PrWect Location 1400 Parkland Blvd Future Land Use RU (Residential, Urban) Existina 2`onina RS-3 (Residential, Single family 3du/ ac) S tirs Recammendatron Board approval of Resolution 12-113 gran, 'r a shoreline - a 'ar in ac- cordance with Section 10.01.30 of the St. Lucie County Land Development Code. t Midwa N Rd N d Subject O to i I r I 71 o o to N / GN ti Prima Vises Notice of Proposed Shoreline Variance Pile No. BCC 220124398 . AR-1 CPUB AR-1 as r r�rrwxa>MID o� �ah FotF 'N y I I RS CPUB Zoning N Legend AR-1 -Agricultural Residential (1 dulao) OPUS - ry Conseation Public ® Subject property RE-2 -Residential Estate (2 dulao) Al RS4-Rasidential Single Family (3 dulac) Protect DescrinSon Petition of Robert Huneke for a Shoreline Variance from the Provi- sions of Section 6.02.02. t3.2 of the St. Lucie County Land Development Code to allow the construction of an retaining wall with rip rap within the 50 foot shoreline protection buffer zone to stabilize and prevent erosion along the shoreline for property to- cated at 14M Parkland Blvd, Fort F%M. Backaround: Further details are available in the Environmental Resources Depart- ment —please contact: Staff Jennifer Evans Tel 772.462.3862 Email evansj@stiucieco.org Mail 2300 Virginia Avenue Fort Pierce, FL 34982 The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The Board of County Commissioners strongly encourages your input and comment at the public hearing. You may also mail, email or fax written comments in advance of the public hearing for in- clusion in the official record regarding this proceeding. Written comments to the Bo�arrd� Hof.��C.�oaunta{c�Gamrr-is�ci�npn,�arc OmM by EPww Resources Development at least 3 days prior to the scheduled hearing. Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 Q - W a rl N It d• ID Ln CD,O to h N tD IA O .-I sl• of t0 N tD N tD O eq Gl 00 N wtD N N tD Ol WlD '4 to tD N tD h M O1 (v wtD lT rl wLtl I N N tD h h I� P h h 1� h h h co M N h h I- M h OND. 8ND Ol .� Gl OND Ol ¢M� !� Ol ��Npp rt O a�i pQ N O Ol 6ND ONB ONh iMi't p L9 ONC) OND � ON6 8N9 ONit h 8NB ON9 h NW pp ih 4. lJl tt tT 'L!' 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M tT 01 tT 61 01 Ol 0v t`ova � M M M M �0�•a M M M M rn M LA M M M M M M M M M M M 4 M M M M Q M M M M M M M M M M M M f-1 N M M tp h lb Ol � e i �M-I -r eM-1 1-4 li r-1 'M-I N N N N N N N N N N COt1 M M M f�l) M M LhYI M M 0 v a ST'LUCIE'C.OUNTY BOz 4 ARD OF COUNTY' y COMMISSIONERS ` pUBLICrHEARING1" ENDA a s rr N NOk'TICE!OF�'�A SHORELINE;VARI,ANGE`z..::, 1FFie St Lucie C©urity BoatdLlofr Count? icommission'ars:!groPoses';•".totcoriside "fhe�=adaptibnof ;'the; followings°by e'solU- :r :. °;�ions''3,ark.�,'S=,r;:_;.��-tF,-�•1r,y:.�"�,:.•,,.-r.,,. ,. JK t : RESOLUTION. NOT�125113 -'iC A�RESOLU:TION'OF.'TiHE�60.ARD OF 'CO:UNTY� GO:M°MI'SSI.ON'ER'S:_G':RA'NT- `�ING A VARIANCE FROM �THE1PR01/;1- s. •SIGNS OF:�SECTION�6 02 021.611.2, THE ST LUCIE iCOUNTY.k LAND DEVEL�' OPMENT`=CODE!S 0 uLl<1GI:E�-RIVER . { SHOREL'1�1� jQI UELfllPMENT "R* GO.W kT[ONS 1IJitA`Lff`Cr1rVbFOR-' TRUE co ' STRUCTIC?.N OF�1A ERY)$IrJN=ICON, •••9if'i0L BAR'RI'EFi'AL:ONG�76"L)NEAR '.FEET OF -,THE ?�T .LUCIE . R1VER.,SHORE; -L'•INE LOEATED�A�1400! PARKLAND. VBOULEj7ARR iN ST 1UC)E COUNTY,: i2300 Virginias Avenue; Fort P!e�ce Flon' U ;da on Tuesday �ulva3 201.2 tiegmmni3 L at .6 00 ptn or as soon thereafter asi pos All -interested persons w!II be;g!ven aq: oppottun!tysto be. heard++ Written +com'. merits re¢enTed !n advance of-the:publ+c � ..ca;ed.a2 Z800 u!rtjin!a rAven'ue 7n`tl I -Floor Fort P!erce Flonda�tlunng regu.. lar'bus!ness- )462 htiurs Flease call"(772 2822 ror rTDD (n72►462 1428 +f�you have anas#ions or requrre additronai m. formation about this pef!tion !t TviheStaLo6k County Boardowdefr Ctoounrtey somm!ssybnerhhhas e p dgtanyp11 ct+ons+w+t.rew ano h. the!nareasof:responsih!I!ty" 7. The proceedings of the Board: of County ;Gomm!ss!o'ners are: electronipally re �+•co?d�edrt+PUsRSUAN71'ST'0!S'FC$r4ON: F.L'•ORIDA;.`STATUTES'`%)f'.e � s;o•n tlgoidi's Ito ap eal eiay tlec+siorii' '. TV - made pY the Board of Co4hty Comm!s signers vv!th;respeat�?to and matterscorr s!dereti at a. rneet!ng,:or hesr!ng� heFdr . "she W!II need 'a ieco�rd of ;ha !proceed . mg's Forsuch purpose he or.sh need Ito ensure tha'.a verbatii'recor�l' of'the pyocee Ings !s made wh!¢h re . co'ttl�rnclUdes the tp�timony+°?an�;evi;.,'. deft¢e Upan�whlph•akie agpeal=!s"�td bQ based Uponahe request of any'party to the proceed!ng !ndiv+tlUals fest!fym' dbrmg a hearing wdl'be sworn in Any party'4o the;ptoceedlog wilt, be granted i an:opportUn(ty to cross examine any m=;;. dividuaL testifymg'.dunng a-�he�T! 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SrY CY) C . m'� CCDCD CD coC) - CU t - - ' c i" v co -Z-3 � � � C'1� CU un !� - � cs� Cn CD � cn CD CD Cn [ CO (Z).:� _ C D yi won D (D CIS Q CCD CD CU CD CO m ' [ CCD ( CDCD CJj - it- cp 53 CD CD CD CD C- p Cia O CD W -- CD CD (Z) � s w CD Z D `' C CD C17 I ei tf fffff SUSTAINABILITY DISTRICT SUSTAINABILITY DISTRICT www.co.st-lucie.fl.us www.stlucleco.org Paula A. Lewis, Chairman District No. 3 Chris Craft, Vice Chairman District No. 5 Tod Mowery District No. 2 Frannie Hutchinson District No. 4 MINUTES Approve the minutes from the January 17, 2012 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. COUNTY ATTORNEY Resolution No. 12-001— Financing of Energy Efficiency and Renewable Energy Improvements Consider staff recommendation to approve Resolution No. 12-001 and authorize the Chairman to sign the resolution. B. COUNTY ATTORNEY Resolution No. 12-002 — Establishing an Administrative Fee Pertaining to Sustainability Special Assessment Programs Consider staff recommendation to approve Resolution No. 12-002 and authorize the Chairman to sign the Resolution. 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 sworn 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. AGENDA REQUEST ITEM NO. T -A DATE: July 3, 2012 - 1 REGULAR [] • PUBLIC HEARING [] CONSENT [XX] TO: SUSTAINABILITY DISTRICT PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 12-001 - Financing of Energy Efficiency and Renewable Energy Improvements BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION. Staff recommends that the District approve Resolution No. 12-001 and authorize the Chairman to sign the resolution. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ]. DENIED [ ]OTHER: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: ,, Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. MSBU Coordinator: County Eng.: Barbara Guettler Finance: (Check for copy only, if applicable) Eff. 5/96 ON A C6UNTY F L O R I D A INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 12-0320 DATE: March 16, 2012 SUBJECT: Resolution No. 12-001 - Financing of Energy Efficiency and Renewable Energy Improvements ********************************************************************************** BACKGROUND: Attached is a copy of Resolution No. 12-001. The resolution, if adopted, would designate the Solar and Energy Loan Fund of St. Lucie County, Inc. ("SELF") as the Program Administrator for the Sustainabilty District's Energy Financing Program and approve the form of an Administrative Agreement between the District and SELF. The resolution would also approve the form of a Financing Agreement between the District and certain owners of real property pertaining to the acquisition and financing of energy efficiency and renewable energy improvements. The financing agreement would only apply to those owners who voluntarily agree to participate in the District's Energy Financing Program. RECOMMENDATION/CONCLUSION: Staff recommends that the District approve Resolution No. 12-001 and authorize the Chairman to sign the Resolution. Respectfully subm DaniejA. Mcln County Attorn DSM/caf Attachment RESOLUTION NO.2012-001 A RESOLUTION OF THE ST. LUCIE COUNTY SUSTAINABILITY DISTRICT RELATED TO FINANCING OF ENERGY EFFICIENCY AND RENEWABLE ENERGY IMPROVEMENTS AND ENGAGEMENT OF THE SOLAR AND ENERGY LOAN FUND OF ST. LUCIE COUNTY, INC. FOR PURPOSES OF ADMINISTERING THE DISTRICT'S ENERGY FINANCE PROGRAM; AUTHORIZING AND DIRECTING EXECUTION OF AN ADMINISTRATION AGREEMENT BETWEEN THE DISTRICT AND THE SOLAR AND ENERGY LOAN FUND OF ST. LUCIE COUNTY, INC.; APPROVING THE FORM OF SUCH ADMINISTRATION AGREEMENT; APPROVING THE FORM OF FINANCING AGREEMENT BETWEEN THE DISTRICT AND CERTAIN OWNERS OF REAL PROPERTY PERTAINING TO THE ACQUISITION AND FINANCING OF ENERGY EFFICIENCY AND RENEWABLE ENERGY IMPROVEMENTS; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE GOVERNING BOARD OF THE ST. LUCIE COUNTY SUSTAINABILITY DISTRICT AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution of the St. Lucie County Sustainability District (the "District") is adopted pursuant to the provisions of Chapter 1-19 of the Code of Ordinances of St. Lucie County, Florida (the "County"), Chapter 189, Florida Statutes, Section 163.08, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. Capitalized terms not otherwise defined herein shall have the meanings set forth in County Ordinance No. 10-025 (as codified in Chapter 1-19 of the County Code of Ordinances, the "Ordinance") and County Resolution No. 10-259 (the "Resolution"). 1 SECTION 3. FINDINGS. It is hereby ascertained, determined and declared as follows: (A) The County enacted the Ordinance in order to create the District and establish the Energy Financing Program pursuant to which the County and the District may collaborate in offering qualified owners of real property an opportunity to acquire energy efficiency and renewable energy improvements and repay the costs associated with such improvements through voluntary special assessments imposed against the property pursuant to Financing Agreements. (B) The County subsequently adopted the Resolution which, among other things, designated the Solar and Energy Loan Fund of St. Lucie County, Inc. as Program Administrator for the Energy Financing Program and authorized and directed the County Attorney and County Administrator to prepare an Administration Agreement with the Program Administrator. (C) This Resolution is adopted for purposes of approving the forms of Administration Agreement and Financing Agreement attached hereto as Appendices A and B, respectively, and directing and authorizing execution of same on behalf of the District. SECTION 4. ADMINISTRATION AGREEMENT. The form of Administration Agreement attached hereto as Appendix A is hereby approved. The Chair is authorized and directed to execute, and the Deputy Clerk is authorized to attest, the Administration Agreement on behalf of the District in substantially the form attached hereto as Appendix A, with such changes, insertions, and additions as the Chair may approve after consultation with the County Attorney, the Chair's execution thereof being evidence of such approval. SECTION 5.. FINANCING AGREEMENT. The form of Financing Agreement attached hereto as Appendix B is hereby approved. The County Administrator or designee thereof is authorized and directed to execute, and the Deputy Clerk is authorized to attest, Financing Agreements on behalf of the District in substantially the form attached hereto as Appendix B, with such changes, insertions, and additions as the County Administrator may approve after consultation with the N County Attorney, the County Administrator's execution thereof being evidence of such approval. SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. Passed and adopted by the St. Lucie County Sustainability District at a regular meeting duly called this day of July 2012. ATTEST: Deputy Clerk ST. LUCIE COUNTY SUSTAINABILITY DISTRICT Chair Approved as to Form: 3 County Attorney AGENDA REQUEST Cou rvTy - F L O R I D A TO: SUSTAINABILITY DISTRICT SUBMITTED BY(DEPT) SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ J APPROVED [ ] DENIED [ ] OTHER: County Attorney ITEM NO. B DATE: July 3, 2012 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 12-002 - Establishing an Administrative Fee Pertaining to Sustainability Special Assessment Programs See attached memorandum Staff recommends that the District approve Resolution No. 12-002 and authorize the Chairman to sign the resolution. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Daniel S. McIntyre i Originating Dept. MSBU Coordinator: County Ei Barbara Guettler Finance: (Check for copy only, if applicable) Eff. 5/96 t - _ INTER -OFFICE MEMORANDUM J - ST. LUCIE COUNTY, FLORIDA !:COUNTY TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 12-0663 DATE: May 25, 2012 SUBJECT: Resolution No. 12-002 - Establishing an Administrative Fee Pertaining to Sustainability Special Assessment Programs BACKGROUND: Attached to this memorandum is a copy of Resolution No. 12-002. The resolution, if adopted, would establish an administrative fee for each Sustainability District special assessment in the amount of 1% of the total assessment amount to reimburse the General Fund and 1% of the total assessment amount to reimburse the Transportation Fund. The administrative fees shall be addressed in the financing agreements and paid from annual special assessment collections. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No. 12-002 and authorize the Chairman to sign the Resolution. Respectfully sub Daniel S. Mcl County Attor DSM/caf Attachments RESOLUTION NO. 12-002 A RESOLUTION OF THE ST. LUCIE COUNTY SUSTAINABILITY DISTRICT ESTABLISHING AN ADMINISTRATIVE FEE PERTAINING TO SUSTAINABILITY SPECIAL ASSESSMENT PROGRAMS; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE GOVERNING BOARD OF TH E ST. LUCIE COUNTY SUSTAINABILITY DISTRICT AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution of the St. Lucie County Sustainability District (the "District") is adopted pursuant to the provisions of Ordinance No. 10-025 (the "Ordinance") as codified in Chapter 1-19 of the Code of Ordinances of St. Lucie County, Florida (the "County"), Chapter 189, Florida Statutes, Section 163.08, Florida Statutes, and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby ascertained, determined and declared as follows: (A) The County enacted the Ordinance in order to create the District and establish the Energy Financing Program pursuant to which the County and. the District may collaborate in offering qualified owners of real property an opportunity to acquire energy efficiency and renewable energy improvements and repay the costs associated with such improvements through voluntary special assessments imposed against the property pursuant to financing agreements (the "Assessments"). (B) The County has made and will continue to make significant contributions, both in terms of staff resources and expenditures from the County's General Fund and Transportation Fund, in furtherance of the District and the Energy Financing Program, which contributions are necessary and instrumental to the execution of financing agreements and the administration of the Assessments evidenced thereby. (C) It is fair, reasonable and appropriate to include an administrative fee in each Assessment with which to reimburse the County for costs incurred in furtherance of the District, the Energy Financing Program and ongoing administration of the Assessments. (D) This Resolution is adopted for purposes of adopting policies and procedures for the assessment of administrative fees for St. Lucie County Sustainability Special Assessment programs. SECTION 3. ADMINISTRATIVE FEE. The District hereby establishes an administrative fee for each Sustainability District special assessment in the amount of 1% of the total assessment amount to reimburse the General Fund and 1%ofthe total assessment amount to reimburse the Transportation Fund. The administrative fees shall be addressed in the financing agreements and paid from annual special assessment collections. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the St. Lucie County Sustainability District at a regular meeting duly called this day of 2012. ATTEST: Deputy Clerk GOVERNING BOARD OF THE ST. LUCIE COUNTY SUSTAINABILITY DISTRICT BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney