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Agenda Packet 2-5-2013
iunul...... February 5, 2013 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�ior 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., R. 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 Safety & Risk Manager at (772) 462- 1783 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. February 5, 2013 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucleco.org Tod Mowery, Chairman District No. 2 Frannie Hutchinson, Vice Chair District No. 4 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Kim Johnson District No. 5 li'I illllllill IIIIIiIIIi1111111IIIliiIIiI1IlIII11iIIi111111111f If (IIIIIIIIIIIIII Iliilllll II IIIIi11IIlif Iilllliillllllllllllllll11 I11111111111111iill........... lf...... IIiiI11111iII1I11111Iiiilllllliilllil INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the January 15, 2013 regular meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTYATTORNEY Resolution No.13-024 — "211 Awareness Week" Consider staff recommendation to adopt Resolution No.13-024 as drafted. B. Presentation on Grant Writing Services from IRLNEP by Amy Adams President Cape Canaveral Scientific, Inc. V. GENERAL PUBLIC COMMENT VI, CONSENTAGENDA A. WARRANTS Approve warrant list No. 16,17 and 18. B. COUNTY ATTORNEY Conservation Easement— Riverbend PUD — Resolution No.13-020 Consider staff recommendation to accept the Conservation Easement, authorize the Chairman to sign Resolution No. 13-020 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 2. Second Amendment to Road Improvement Agreement with KB Home Treasure Coast LLC for Neill Farms Development Consider staff recommendation to approve the Second Amendment and authorize the Chairman to sign the amendment. B. COUNTY ATTORNEY CONTINUED 3. Amendment to Revocable License Agreement —Justin and Veronique Campbell —172 NE Jardain Road — River Park Consider staff recommendation to approve the Amendment to the Revocable License Agreement dated September 18, 2012, authorize the Chairman to sign the Amendment to the Revocable License Agreement and record the Amendment in the Public Records of St. Lucie County, Florida. 4. Permission to Advertise — Ordinance No. 13-012 — Establishing procedures for processing requests for reasonable accommodation pursuant to Title II of the Americans with Disabilities Act and the Fair Housing Act form the County's unified Land Development Code. Consider staff recommendation to grant permission to advertise Ordinance No.13-012 for a public hearing before the Planning & Zoning Commission and the Board of County Commissioners. C. PLANNING & DEVELOPMENT SERVICES Planning Division: 1. Annual update to the Comprehensive Plan Capital Improvements Element (CIE) for FY 2012113-FY2016-17-Permission to Advertise Consider staff recommendation to authorize to advertise proposed Ordinance No. 13-009 updating the Capital Improvements Element for FY 2012/13-FY 2016117 on February 19, 2013. 2. Concurrence on the 2010 FHWA Adjusted Urban Boundary Designation as presented by FDOT. Consider staff recommendation to authorize the Chairman to sign the attached letter to FDOT concurring with the 2010 draft FHWA Adjusted Urban Boundaries map. St. Lucie County International Airport Division: 3. Design & Construct Taxiway D1 Realignment & Associated Drainage Improvements — Florida Department of Transportation (FDOT) match Consider staff recommendation to approve Resolution No. 13-014 accepting FDOT Joint Participation Agreement (JPA) in the amount of $30,750 or the Design & Construct of Taxiway D1 & Associated Drainage Improvements, and authorize the Chairman to sign documents as approved by the County Attorney. D. PARKS, RECREATION & FACILITIES Tourism & Venues Division: 1. Waiver of Fairgrounds Facility Rental Fees forthe 3m Annual Adams Ranch Rodeo Consider staff recommendation to approve to waive $2,396.25 in facility rental fees for the 3b Annual Adams Ranch Rodeo as outlined in the agenda memorandum. D. PARKS, RECREATION & FACILITIES CONTINUED Facilities Division: 2. Award of Bid No.13-010, Maintenance and repair services for County light fleet vehicles Consider staff recommendation to approve to award Bid No. 13-010 to St. Lucie Battery and Tire, Reliable Tire & Auto Care Center, Dave Fixes Cars and JW Automotive as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. 3. Amend contract C12-05-190 with S&S Air Conditioning to include final phase (Phase III) of HVAC renovations at South County Annex. Consider staff recommendation to approve the First Amendment to Contract No. C12-05- 190 as outlined in the agenda memorandum and authorize the Chairman to sign documents as drafted and approved by the County Attorney. E. PUBLIC WORKS Engineering Division: 1. Verada Ditch Interim Repairs and Drainage Basin Study Consider staff recommendation to approve Work Authorization No. 5 to the Stormwater Management Contract (C09-10-663) with Inwood Consulting Engineers in the amount of $235,811 for the Verada Ditch Interim Repairs and Drainage Basin Study and authorize the Chairman to sign documents as approved by the County Attorney. 2. KB Home Treasure Coast, LLC Consider staff recommendation to approve the conditional acceptance of the off -site improvements within McNeil Road right-of-way and the Maintenance Agreement, release surety in the amount of $133,820.20, and authorize the Chairman to sign documents as approved by the County Attorney. 3. Repairs of South 25th Street Bridge Consider staff recommendation to accept the repairs of South 25t^ Street Bridge over Ten - Mile Creek Southbound Lanes. 4. Weatherbee Road Sidewalk Consider staff recommendation to approve of Capital Improvement Request CIP 13-037 and authorize to move funds in the amount of $57,164 from the available $16,068,890 Road Bond to the project accounts. Administration: 5. St. James Drive Sidewalk Phase 2 Consider staff recommendation to approve of Budget Resolution No. 13-012 establishing the fund for the Florida Department of Transportation Joint Participation Agreement for St. James Sidewalk Phase 2 project in the amount of $381,000 as outlined in the attached memorandum and authorize the Chairman to sign documents as approved by the County Attorney. COMMUNITY SERVICES Housing Division: Approval of Budget Resolution No.13-013 Consider staff recommendation to approve Budget Resolution No. 13-013 and authorize the Chairman to sign the resolution as approved by the County Attorney. VII. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Ordinance No,13-004 - Future Land Use Map Amendment (FLUMA) for Hayhurst -Larsen from RU (Residential Urban — 5 du/acre) to COM (Commercial). Consider staff recommendation to approve Ordinance No.13-004 for a change in Future Land Use from RU (Residential Urban — 5 du/acre) to COM (Commercial). B. PLANNING & DEVELOPMENT SERVICES Ordinance No. 13-003 — Future Land Use Map Amendment (FLUMA) for Shawn Hearing from RU (Residential Urban-5 du/acre) to COM (Commercial). Consider staff recommendation to approve Ordinance No.13-003 for a change in Future Land Use from RU (Residential Urban — 5 du/acre) to COM (Commercial). REGULAR AGENDA Vill. COUNTYATTORNEY Celebration Pointe Subdivision Improvement Bonds, Assignment and Related Issues Consider staff recommendation to approve the Assignment and authorize the Chairman to sign the Assignment. IX. ANNOUNCEMENTS The 48th Annual St. Lucie County Fair will take place February 22, 2013 - March 3, 2013 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit: www.stluciecountvfair.org. 2. New York Mets spring training starts Saturday, Feb. 23 at 1:30 p.m. vs. the Washington Nationals and continues through March 270, with 18 home games, including two night games at the St. Lucie County Sports Complex, located at 527 NE Peacock Blvd, Port St. Lucie. For tickets call 772-871- 2115 or visit: www.mets.com. 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 Safety & Risk Manager at (772) 462-1783 or Too (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING DATE: January 15, 2013 Convened: 9:00 a.m. Adjourned: 9:11 a.m. Commissioners Present: Chairman, Tod Mowery, Vice -Chair, Frannie Hutchinson, Chris Dzadovsky, Paula A. Lewis and Kim Johnson Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Katherine Barbieri, Assistant County Attorney, Don West, Public Works Director, Lauri Waldi, Utilities Director, Beth Ryder, Community Services Director, Marie Gouin, OMB Director, Jim David, Mosquito Control Director, Mark Satterlee, Planning and Development Director, Tara Raymore, HR Director and Kelly Phelan, Deputy Clerk. I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the January 8, 2013 regular meeting. It was moved by Commissioner Hutchinson, seconded by Commissioner Johnson to approve the minutes of the meeting held on January 8, 2013 and; upon roll call, motion carried unanimously with the exception of Commissioner Lewis who was not present for the motion. IV. PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentations scheduled for January 15, 2013. V. GENERAL PUBLIC COMMENT The Planning and Development Director introduced the new airport manager, John Wiatrak, to the Board. John Wiatrak addressed the Board and commented that he is very happy to be here and is looking forward to working with everyone. VI. CONSENTAGENDA Item VI-134 was pulled for a separate discussion. The County Attorney addressed this item as it relates to a revocable license agreement in the Beau Rivage area. He encouraged the Board to vote on this item today as it is an existing license agreement that the Board previously adopted. This is just an amendment to change a retaining wall to a curb. In addition, it is revocable so if Martin County does not like it they can revoke it at will. This item is specifically for a tennis court complex and they are asking to install something in the right of way. He stated that we still have jurisdiction over this area and are coordinating with Martin County and intend to make this a smooth transition. Commissioner Dzadovosky stated he just wanted to address his concerns because there are a lot of issues going back and forth between the teams with this transition. This is 1 something that counties rarely deal with and he wanted to make sure that if we were doing anything that would affect Martin County that we would at least discuss it with their team. The County Attorney responded that this is simply an amendment to what the Board has already approved it is not a significant change; from staffs perspective and they feel it's the right thing to do. It was moved by Commissioner Dzadovsky, seconded by Commissioner Johnson to approve the consent agenda and; upon roll call, motion carried unanimously with the exception of Commissioner Lewis who was not present for the motion. A. WARRANTS The Board approved warrant list No. 15. B. COUNTYATTORNEY 1. Second Amendment to Road Improvement Agreement with KB Home Treasure Coast LLC for Neill Farms Development Consider staff recommendation to approve the Second Amendment and authorize the Chairman to sign the Amendment. 2. Permission to File Suit against following four (4) parcels located in St. Lucie County for Failure to Pay Impact Fees: Eustache — Permit #0715619 — 672 SW McCoy Avenue, Port St. Lucie County BOCC Yeager — Permit #0806432 — 494 SE Essex Drive, Port St. Lucie Adjei — Permit #0806812 —1590 SW Mullinax Avenue, Port St. Lucie Nandkumar — Permit #0716879 — 1721 SW Starman Avenue, Port St, Lucie The Board authorized the County Attorney's Office to file suit against the four referenced parcels located in St. Lucie County for failure to pay impact fees. 3. Creation of new full time position (Lab Specialist) for the St. Lucie County Drug Screening Lab. The Board approved the recommendation for a new full time Lab Specialist position. 4. Amendment to Revocable License Agreement — Scott and Karin DeCoste —12200 Florida Avenue— Carmel Beau Rivage The Board approved the Amendment to the Revocable License Agreement dated December 4, 2012; authorized the Chairman to sign the Amendment to the Revocable License Agreement and record the Amendment in the Public Records of St. Lucie County, Florida. 5. Resolution No. 13-009 — "Agricultural and Labor Program, Inc. 45th Anniversary Day" The Board adopted Resolution No. 13-009 as drafted. 2 C. PARKS, RECREATION & FACILITIES Regional Parks & Stadiums Division: 1. Proposed pricing for the 2013 Baseball Season — Digital Doman Park —525 SW Peacock Blvd. Port St. Lucie, Florida 34986 The Board approved Sterling Facility Services, LLC's proposed 2013 pricing for tickets, souvenirs, parking, programs, and concessions at Digital Domain Park, as outlined in the agenda memorandum. Parks & Special Facilities Division: 2. Approval to Piggyback Clay County's contract with Rep Services, Inc. for Pepper Park Playground The Board gave authorization to piggyback Clay County s contract with Rep Services, Inc. to purchase and install playground equipment in the amount of $99,553.80; as outlined in the agenda memorandum and authorized the Chairman to sign documents as approved by the County Attorney. D. ADMINISTRATION Business & Strategic Initiatives: Project SwimFly— Letter of Intent The Board authorized the County Administrator to send a Letter of Intent to offer Project Swimfly an Ad Valorem Tax Exemption phased over six years and a Job Growth Investment Grant (JGIG) in the amount of $146,250 phased over five years ($29,250 per year). E. PUBLIC WORKS Administration: 1. Paradise Park Storm Water Improvements — Phase 3 The Board approved Amendment No. 5 to Agreement No. 4600001575 with South Florida Water Management District (SFWMD) as outlined in the agenda memorandum and authorized the Chairman to sign documents as approved by the County Attorney. 2. Inlet Channel Emergency Dredging The Board approved Budget Resolution No. 13-008 establishing the fund for the Florida Department of Transportation Joint Participation Agreement for Emergency Dredging of Inlet Channel project in the amount of $140,000 as outlined in the attached memorandum and authorized the Chairman to sign documents as approved by the County Attorney. Solid Waste Division: 3. CDM Work Authorization No. 9 and CIP13-036 for Recyclables Processing Facility 3 E. PUBLIC WORKS CONTINUED The Board approved CDM Work Authorization No. 9 for professional engineering services to assist St. Lucie County Solid Waste with the design, permitting, bidding and construction administration for the proposed Recyclables Processing Facilities for a total of $452,975, approved CIP13-036 and authorized the Chairman to execute documents as prepared by the County Attorney. Engineering Division: 4. Verada Ditch Improvements South of Calmoso Drive The Board accepted the Verada Ditch Improvements South project. 5. Verada Ditch Improvements North Calmoso Drive The Board accepted the Verada Ditch Improvements North project. Water Quality Division: 6. Bid No. 13-007, Aquatic Vegetation Control Services The Board awarded Bid No. 13-007 for Aquatic Vegetation Control Services to the lowest responsive and responsible bidder, DeAngelo Brothers, Inc. dba Aquagenix of Riviera Beach, and authorized the Chairman to sign documents as approved by the County Attorney. F. COMMUNITY SERVICES Housing Services Division: Budget Resolution — Housing Counseling Grant The Board approved Budget Resolution No. 13-010 and authorized the Chairman to sign the resolution as approved by the County Attorney. VII. PUBLIC HEARINGS A. COUNTYATTORNEY Code Enforcement Case No. 72784,1707 Wyoming Avenue, Fort Pierce, FL Consider staff recommendation to authorize a 30 day notice be sent to the property owners ordering them to mow and maintain the entire property for excessive overgrowth of grass and weeds or St. Lucie County will have it abated and place a lien on the Property. The Assistant County Attorney provided background information regarding Code Enforcement Case No. 72784 for 1707 Wyoming Avenue, Fort Pierce, FL. She requested permission to provide a thirty day notice for excess overgrowth, mow and place a lien on the property. She advised the Board that all notices have been sent as required. It was moved by Commissioner Hutchinson, seconded by Commissioner Dzadovsky to authorize a 30 day notice be sent to the property owners ordering them to mow and maintain the entire property for excessive overgrowth of grass and weeds or St. Lucie County will have it abated and place a lien on the Property and; upon roll call, motion carried unanimously. El REGULAR AGENDA IX. ANNOUNCEMENTS 1. County offices will be closed on January 21, 2013 to observe Martin Luther King Jr. Day. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 5 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV -A DATE: February 5, 2013 REGULAR [x ] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No.13-024-"2-1-1 AWARENESS WEEK", BACKGROUND: Page Woodward, Community Relations Specialist with 211 Palm Beach/Treasure Coast, has requested that this Board proclaim the week of February 11, 2013 through February 17, 2013 as ""2-1-1 AWARENESS WEEK" in St. Lucie County, Florida. The attached Resolution No.13-024 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No.13-024 as drafted. COMMISSION ACTION: CONCURRENCE: (J APPROVED [ J DENIED [ J OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [XI County Attorney: t� Daniel S. McIntyre RESOLUTION NO. 13-024 A RESOLUTION PROCLAIMING THE WEEK OF FEBRUARY 11, 2013 THROUGH FEBRUARY 17, 2013 AS "2-1-1 AWARENESS WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Many times when individuals need help with meeting life's basic needs they are not sure where to turn. 2. 2-1-1 is an easy to remember, easy to use three -digit number, recognized as the central linkage point in providing individuals and families with the guidance, support and information they need to solve their problems. 3. St. Lucie County is fortunate to have 2-1-1 Helpline, a service of 211 Treasure Coast, that enables people to access information about, provides assessment for, and referral to community resources, with telephone counseling for distressed callers including suicide intervention. 4. 2.1-1 Helpline service is free, confidential, available 24/7 with highly trained staff who are "here to listen, and here to help," who last year alone assisted over 133,000 callers in need of crisis intervention, assessment and referrals to community services. 5. 2-1-1 Helpline looks forward to continuing to provide quality, caring assistance to the people of our community. 6. 2-1-1 Helpline was also proud to reach beyond out local region to assist thousands of New Jersey victims immediately following the devastation of Hurricane Sandy. The caring 2-1-1 staff not only provided comfort, but also assisted individuals and families in finding shelter, medical help, water, food, warming stations, and so much more as they struggled to survive. During the ensuing two week period, 2-1-1 had received over 3,100 phone calls from individuals and families struggling in New Jersey. 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 February 11, 2013 through February 17, 2013, as "2-1-1 AWARENESS WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to be aware of the only telephone number they need to know to access information and referral to programs and services at over 2,800 sites in our community that provide assistance in such areas as Health Care, Insurance, Volunteering, Food, Day Care, Mental Health Counseling, Support Groups, Financial Assistance, etc. PASSED AND DULY ADOPTED this 6th day of February, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Kiel 614 ki O1/18/13 FZABWARR FUND TITLE 001 001450 001451 001452 001512 001519 001527 001534 001538 001539 001544 001545 001546 001547 001548 001549 001550 001823 101 101002 101003 101004 101006 102 102001 102812 107 107001 107002 107003 107005 107006 130 130100 130101 130102 130114 140 140001 140368 140372 140373 150 160 183 183004 183006 184212 ST. LUCIE COUNTY - BOARD WARRANT LIST *16- 12-JAN-2013 TO 18-JAN-2013 FUND SUMMARY General Fund FCTD Planning Grant FDEM Emergency Preparedness FY 13 DEM RCMP 2012-2013 Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery SRL - 10701 S. Ocean Dr. Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 Safe Routes to School Program CDBG Disaster Recov Enhanc Prog HUD Shelter Plus Care Grant HUD Shelter Plus Care Grant 112 MPO FHWA Planning Grant Emergency Mgt Preparedness 2013 Community Services Block Grant 2013 HUD Shelter Plus Care INTACT Transportation Trust Fund Transportation Trust/80% 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-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology SLC Public Transit MSTU FTA 5307 Capital and Operating assi FTA Operating and Capital Assist FTA 5307-ARRA 2009 Capital Projects FTA 5307 FY 2013 Airport Fund Port Fund FDOT - Taxiway C Rehabilitation FDOT Term/Cus Fac Ren Phs 1 Terminal/Customs Apron Rehab Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund Fort Pierce IMP Implementation EXPENSES 284,561.85 51.74 1,420.28 17,032.43 362.92 2,839.76 1.21 313.48 38,188.78 56.36 37.63 19.42 146.80 3,971.68 104.44 5,923.71 1,320.18 53.40 5,626.46 37,478.72 5,612.27 8,594.98 11.94 9,296.05 59,338.40 403.62 186,036.75 73.54 73.53 25,545.56 9,157.25 27,832.29 151.80 33.27 133.26 966.21 99.45 3,602.11 12,072.50 303,242.44 5,077.91 21,150.32 299.75 647.55 3,323.43 2,051.91 15,307.14 36,277.00 PAGE PAYROLL 506,583.20 679.38 0.00 287.15 4,890.73 811.56 17.13 1,653.62 708.20 739.64 515.46 261.65 280.16 7,710.61 0.00 2,527.32 298.80 0.00 37,868,05 40,853.35 13,357.31 15,716.11 0.00 62,492.12 11,794.64 4,265.47 150,380.27 970.78 970.79 0.00 0.00 9,038.13 2,085.83 0.00 0.00 0.00 1,300.00 9,315.68 0.00 0.00 0.00 0.00 1,523.20 3,110.46 3,145.85 3, 183.42 0.00 0.00 it 160 O1/18/13 FZABWARR FUND TITLE 185012 189103 189105 189106 189203 190 216 310001 316 316001 401 418 451 458 471 478 479 491 505 505001 505002 611 615 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #16- 12-JAN-2013 TO 18-JAN-2013 FUND SUMMARY FHFA SHIP 2010-2011 Home Consortium FY 2010 HUD Housing Counseling Grant FY 2011 Home Consortium Hardest Hit fund Advisor Services Sports Complex Fund County Capital I&S Impact Fees -Library County Capital 5th Cent Fuel -Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Health Insurance Administration Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Bank Fund GRAND TOTAL EXPENSES 8.57 56.36 1,014.81 83.44 13.31 46,197.27 1,202.00 3.,136.61 15,206.24 21,102.65 78,286.54 25,772.98 2,830.47 49.85 91,008.07 91.06 5,603.01 2,111.79 2,672.88 3,568.20 5,281.14 6,299.95 12,562.56 30,468.57 243,172.32 1,733,724.13 PAGE 2 PAYROLL 115.71 753.05 211.08 220.41 184.77 15,879.80 0.00 0.00 0.00 0.00 48,788.34 15,043.64 4,059.12 686.14 6,629.80 1,255.05 1,045.93 18,614.26 0.00 296.60 1,262.89 2,388.75 0.00 0.00 0.00 1,016,771.41 161 O1/25/13 FZABWARR FUND TITLE 001 001450 001512 001538 001545 001547 001549 101 101002 101003 101004 101114 101220 102 102001 102812 107 107006 129 130102 130214 140 140001 140368 140370 160 162 183 183004 183006 188 190 310001 318 362 401 418 451 471 478 491 505 505002 611 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #17- 19-JAN-2013 TO 25-JAN-2013 FUND SUMMARY General Fund FCTD Planning Grant Neighborhood Stabilization Program HUD Neighborhood Stab 3 HUD Shelter Plus Care Grant 112 MPO FHWA Planning Grant Community Services Block Grant 2013 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx FHWA FDOT Weatherbee Rd FDOT Traffic Control Signal System Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Stormwater Ph 3 Fine & Forfeiture Fund F&F Fund -Court Related Technology Parks MSTU Fund ETA 5307-ARRA 2009 Capital Projects FCTD Trip Grant 2012/2013 Airport Fund Port Fund FDOT - Taxiway C Rehabilitation Taylor Creek Dredging -Phase 2 Plan Maintenance RAD Fund Tourism Dev-5th Cent Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund Bluefield Ranch Improvements Sports Complex Fund Impact Fees -Library County Capital -Transportation Bond Sports Complex Improv Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace Building Code Fund Health Insurance Fund Health Insurance Administration Tourist Development Trust-Adv Fund Bank Fund GRAND TOTAL: EXPENSES 481,395.92 43.75 81.34 409.47 35.74 6,915.92 5,005.53 1,257.07 9,557.04 16,904.62 743.59 73,855.84 178,625.00 31 894. 42 16,273.30 15,173.15 3,443.61 1,988.56 17,233.79 546.84 31,886.87 22,107.26 148.80 29,500.00 915.00 7.34 7,632.08 494.24 1,272.00 544.25 3.87 34,625.82 5,350.81 280,093.17 20,000.00 26,276.40 17,301.10 46,795.59 64,285.77 6,103.40 5,380.94 2,833.56 155.00 16,044.56 6,512.88 1,459,655.21 PAGE PAYROLL 1,225.38 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,225.38 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 796.80 0.00 0.00 0.00 3,247.56 1 02/01/13 FZABWARR FUND TITLE 001 001009 001450 001451 001452 001512 001519 001534 001538 001539 001544 001545 001546 001547 001548 001549 001550 001823 101 101002 101003 101004 102 102001 102812 107 107001 107002 107003 107006 128 129 130 130102 130104 130105 130113 130114 140 140369 150 160 183 183001 183004 183006 185012 189103 ST. LUCIE COUNTY - BOARD WARRANT LIST #18- 26-JAN-2013 TO 01-FEB-2013 FUND SUMMARY General Fund Gen -One Time Funding FCTD Planning Grant FDEM Emergency Preparedness FY 13 DEM RCMP 2012-2013 Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 Safe Routes to School Program CDBG Disaster Recov Enhanc Prog HUD Shelter Plus Care Grant HUD Shelter Plus Care Grant 112 MPO FHWA Planning Grant Emergency Mgt Preparedness 2013 Community Services Block Grant 2013 HUD Shelter Plus Care INTACT Transportation Trust Fund Transportation Trust/80% 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 Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU PTA 5307-ARRA 2009 Capital Projects FTA 5317 New Freedom Enhanced Servi FTA 5307-2 2009 Cap & Oper FTA 5307 FY2011 FTA 5307 FY 2013 Airport Fund FDOT Taylor Crk Perm. Spoil Site Co 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 Home Consortium FY 2010 EXPENSES 2,199,524.45 1,268,794.75 36.46 185.24 40.91 835.22 74.68 80.87 16,183.20 59.23 76.79 720.52 19.60 11,128.31 4,244.15 129.52 23.06 536.04 34,703.69 66,494.66 22,117.49 20,496.89 6,245.83 36,551.43 12,181.66 3,635,494.93 4,860.68 301.01 11,652.21 1,810.61 11,431.66 4,800.00 151.84 1,586.48 8,114.43 841.29 19,935.38 196,270.48 1,366.54 106,488.00 151.90 346.98 3,703.27 440.00 1,301.73 15,730.25 24.96 21,230.00 PAGE 1 PAYROLL 450,137.98 0.00 479.42 0.00 551.74 1,339.15 1,005.41 1,069.41 1,453.23 778.00 1,043.19 276.31 264.01 8,456.42 0.00 1,958.89 310.60 0.00 36,885.67 41,080.36 13,683.24 15,430.67 63,959.81 11,415.66 4,747.59 151,185.96 970.78 970.79 0.00 9,038.13 0.00 0.00 2,085.83 0.00 0.00 0.00 0.00 1,300.00 11,466.22 0.00 1,523.20 3,227.82 3,145.85 0.00 3,183.42 0.00 335.50 0.00 02/01/13 FZABWARR FUND TITLE 189105 189106 189203 190 218 296 297 298 310001 310002 316 316001 401 418 451 458 471 478 479 491 505 505001 505002 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST $18- 26-JAN-2013 TO 01-FEB-2013 FUND SUMMARY HUD Housing Counseling Grant FY 2011 Home Consortium Hardest Hit fund Advisor Services Sports Complex Fund Transportation-I&S No Lennard Rd 1 No Lennard Rd 2 No Lennard Rd 3 Impact Fees -Library Impact Fees -Parks County Capital 5th Cent Fuel -Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Health Insurance Administration Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 84.92 91.33 57.07 39,085.93 455,756.26 72,335.00 14,245.00 4,255.00 7,181.25 15,000.00 2,560.01 22,236.01 100,269.59 4,337.08 23,614.18 3,735.38 61,967.31 2,417.73 89.51 2,136.21 716,591.79 18,311.06 87.89 40,260.58 12,913.94 218,898.50 9,588,037.81 PAGE PAYROLL 1,146.94 1,264.40 793.49 17,176.72 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 48,435.71 14,938.35 4,164.15 665.16 6,587.73 1,046.48 1,212.52 18,614.26 0.00 296.60 1,243.46 2,388.75 0.00 0.00 964,734.98 2 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Conservation Easement Riverbend PUD Resolution No. 13-020 BACKGROUND: Please see an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: ITEM NO. VI-B( DATE: February 5, 2013 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [xx] PRESENTED BY: JoAnn Riley Property Acquisition Manager October 23, 2012- Board of County Commissioners adopted Resolution No. 12-120 approving the Rezoning and Preliminary and Final PUD Site Plan. RECOMMENDATION: Staff recommends that the Board accept the Conservation Easement, authorize the Chairman to sign Resolution No. 13-020 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [x] County Attorney: N" (] Public Works: [ ] County Engineer: Daniel S. McIntyre DD,00n�^n West Michael Powley [x] Originating Dept.: SA1 Q- [x] Environmental:t' [ ] County Surveyor: 7Ra en SAi JoAnn Riley ith Ron Harris 5:\ACQ\WP\Conservation Easements\Riverbend\Agenda Request.wpd PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: February 5, 2013 SUBJECT: Conservation Easement Riverbend PUD Resolution No. 13-020 BACKGROUND: On October 23, 2012, the Board of County Commissioners adopted Resolution No. 12-120 approving the Rezoning and Preliminary and Final PUD Site Plan for the project Riverbend PUD subject to conditions. Condition Number 5 of Resolution No. 12-120 states, within 90 days of site plan approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required executed St. Lucie County Conservation Easement. We have attached the Conservation Easement executed by Standard Pacific of Florida for your review and acceptance. RECOMMENDATION: Staff recommends that the Board accept the Conservation Easement, authorize the Chairman to sign Resolution No. 13-020 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, L nn Riley Property Acquisition Manager S:\ACQ\WP\Conservation Easements\Riverbend\Agenda Memompd 9r .4"~ &fit RIVERBEND PUD S I i►/�I:::I�D lE Avauneu,mmnplerenemolemorrae eeaaeu mmrmawn wo.weanerelo' 0 0.M 0.03 0.00 0.09 012 �NSIw.rI�BMvearo epon krona arnesuw„aj ly, rypAMelliirvlalbM1 Ike Impfea MIIES C�_ I A �f��.a G' 1 i �`�'� t V "{ {� v �� , Return recorded document to: Noreen S. Dreyer, Esq. Greenspoon Marder, P.A. 154 NW Central Park Plaza, Ste. 200 Port St. Lucie, FL 34986 SAINT LUCIE COUNTY DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given this2j'r day of 20/Z by Standard Pacific of Florida, a Florida general partnership ("Grantor") whose mailing address is 15360 Barranca Parkway, Irvine, CA 33609 to St. Lucie County, a political subdivision of the State of Florida ("Grantee") having an address of 2300 Virginia Avenue, Fort Pierce, FL 34992. As used herein, the term "Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Conservation Area" (as hereinafter defined) and the term "Grantee" shall include any successor or assignee of Grantee. WHEREAS, the Grantor is the owner of certain lands situated in St. Lucie County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference ("Property"); and WHEREAS, the Grantor is proposing the development of RIVERBEND ("Project") on the Property, which is subject to the regulatory jurisdiction of the St. Lucie County Board of County Commissioners ("County"); and WHEREAS, the Property will be further subject to the Declaration of Covenants, Conditions and Restrictions of RIVERBEND to be recorded in the Official Public Records of St. Lucie County, Florida ("Declaration"); and WHEREAS, the County approved the Major Site Plan for the Project pursuant to Resolution No. 12-120 ("Resolution"); and WHEREAS, the Resolution requires that Riverbend Property Owners Association, Inc. ("Association") maintain, in perpetuity, that portion of the Property designated as preserve area ("Conservation Area") as more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference; and WHEREAS, the Declaration provides that the maintenance of the Conservation Area is the perpetual obligation of the Association; and WHEREAS, the Resolution further requires that the Conservation Area be maintained in accordance with that certain Preserve Area Management and Monitoring Plan ("Management Plan"), recorded separately at OR Book , Page ; and WHEREAS, the Grantor is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the Conservation Area. 1 11169081.2 NOW, THEREFORE, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the Conservation Area which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: 1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. 2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in this Conservation Easement shall be maintained in the conditions required by the Management Plan. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Conservation Area at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor and/or the future residents of the Property at the time of such entry; and b. To enjoin any activity on or use of the Conservation Area that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Area that may be damaged by any inconsistent activity or use. 3. Prohibited Uses. Except for exotic vegetation removal, replanting with appropriate native vegetation, vine control, removal of trash and debris or other maintenance and monitoring activities described herein that are permitted or required by the Resolution or the Management Plan, the following activities are prohibited in or on the Conservation Area: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with the Management Plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural or enhanced condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing. 2 11169081.2 4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Conservation Area that are not prohibited herein and which are not inconsistent with any County rule, criteria, permit and the intent and purposes of this Conservation Easement. 5. No Dedication. No right of access by the general public to any portion of the Property or the Conservation Area is conveyed by this Conservation Easement. 6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Conservation Area. 7. Acts Beyond Grantor's Control. Nothing contained in this instrument shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in any portion of the Property other than Conservation Areas that result from natural causes beyond Grantor's control, and not initiated by the Grantor, including but not limited to fire, flood, storm and earth movement. Should any Conservation Area be injured or changed from natural causes, including but not limited to fire, flood, storm and earth movement, the Grantor shall be provided notice and a reasonable opportunity to restore the affected Conservation Area to a condition that satisfies the Management Plan requirements prior to the Grantee bringing any action for noncompliance with the Resolution or the Management Plan. 8. Pronerty Taxes. Grantor shall keep the payment of taxes and assessments on the Conservation Area current and shall not allow any lien on the Conservation Area superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate allowed by law, no later than thirty days after such payment. in the event the Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Conservation Area which shall automatically relate back to the recording date of this Easement. Grantee may foreclose this lien on the Conservation Area in the manner provided for mortgages on real property. 9. Enforcement by Grantee. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor or the Association, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 10. Enforcement by Association. The Association shall take private enforcement action against any member of the Association who violates the rules relating to the use and maintenance of the Conservation Area as set forth in the Management Plan. 11. Maintenance Obligations of Association. The Association shall maintain in perpetuity, the Conservation Area in accordance with the Management Plan. Such maintenance shall include, but is not limited to, exotic vegetation removal, replanting with appropriate native vegetation, vine control, and removal of trash and debris. The maintenance schedule should be so as to keep the Conservation Area ecologically functional and high quality, as well as a minimum 90% free of exotic vegetation. 3 11169081.2 12. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. 13. Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 14. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. 15. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in -interest. 16. Modifications. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors -in -interest, which shall be filed in the public records in St. Lucie County. 17. Extinguishment. If circumstances arise in the future such as render the purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction, and the amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange or voluntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by Florida law at the time, in accordance with paragraph 18. Grantor believes that any changes in the use of neighboring properties will increase the benefit to the public of the continuation of this Easement, and Grantor and Grantee intend that any such changes shall not be deemed to be circumstances justifying the termination or extinguishment of this Easement. In addition, the inability of Grantor to conduct or implement any or all of the uses allowed under the terms of this Easement, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. 18. Proceeds. This Easement constitutes a real property interest immediately vested in Grantee, which, for the purposes of paragraph 17, the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of the Easement at the time of this grant to the value of the Property, without deduction for the value of the Easement, at the time of this grant. For the purposes of this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; and all mortgages and liens have been subordinated to this Conservation Easement; and that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WIIEREOF, Grantor has caused these presents to be signed in its name by its proper officers, this day of Zv- 20 /Z Signed, sealed and delivered in the presence pf: 4, Print Name: STATE OF FLORIDA ) COUNTY OF &4a42D STANDARD PACIFIC OF FLORIDA, a Florida general partnership BY: STANDARD PACIFIC OF FLORIDA, GP, INC., a Florida corporation, its eral partner BY: Print Name: 0t LL Title: \ fktJ\ The foregoing instrument was acknowledged before me this alsrday of A 20±2:, by lYMgNf-t i� ,� as ova- fga44z,. \ of Standard Pacific of Florida GP, Inc., a Delaware corporation, general partner of Standard Pacific of Florida, a Florida general partnership, on behalf of the corporation. S/13e is ✓personally known to me, or _ has produced as identification. [NOTARIAL SEAL] :' "`• .; MESNA SENME '- MY COMMISSION k EE6416S9 Y:= EXPIRES October OS, 2016 am1 9BA1S9 F"sNots WW'w 11169081.2 Notary: Print Name:lutr— Notary Public, State of Florida My commission expires: 10 - 09 - aZ*t EXHIBIT "A" Riverbend LEGAL DESCRIPTION Parcel 1 Begin at a point on the West line of Government Lot Four (4), Section 25, Township 37 South, Range 40 East, that is 888.52 feet North of the Southwest corner of said Government Lot 4; thence run North 89° 29' East, on a line parallel to the South line of said Government Lot 4, a distance of 1,578 feet, more or less, to the waters of the St. Lucie River; thence run Northwesterly meandering the waters, a distance of 800 feet, more or less, to the point of intersection with a line that is 1,242 feet South of and parallel to the North line of Government Lot 4; thence run South 89°29' West along said line that is 1,242 feet South of the North line of Government Lot 4, a distance of 990.7 feet to the West line of said Government Lot 4; thence run South 00°01' East along said West Line of Government Lot 4, a distance of 552.6 feet to the Point of Beginning. PARCEL 2 Begin at a point on the West line of Government Lot 4, Section 25, Township 37 South, Range 40 East, St. Lucie County, Florida, that Is 888.52 feet North of the Southwest corner of said Government Lot 4; thence run South 00"10'18" West along said West line, a distance of 50.00 feet to a point In the North line of the South 838.52 feet of said Government Lot 4; thence North 89°47'48" East along said line, a distance of 50.00 feet; thence North 00010'18" East along a line that is 50.00 feet East of, and parallel with the West line of said Government Lot 4, a distance of 50.00 feet to a point in the North line of the South 888.52 feel of said Government Lot 4; thence South 89°47'48" West along said line, a distance of 50.00 feet to the Paint of Beginning. Parcel 3 A certain parcel in Government Lot 3, Section 25, Township 37 South, Range 40 East, St. Lucie County, Florida, being more particularly described as follows: commencing at the Southeast corner of said Government Lot 3, Section 25, Township 37 South, Range 40 East, run thence North 00°11'45" East, along the East line of Government Lot 3, a distance of 838.54 feet to the Point of Beginning of the hereinabove described parcel; thence continue North 00°11'45" East along the East line of Government Lot 3, a distance of 603.03 feet to the South line of the North 1242.00 feet of Government Lot 4, of Section 25, Township 37 South, Range 40 East, St, Lucie County, Florida; thence South 62°22'54" West, a distance of 142.11 feet to a point in the proposed Easterly Right -of -Way line of Gilson Road, said point being in the arc of a curve concave Westerly, having a radius of 425.00 feet from which point the radius bears South 49055'59" West; thence Southerly along the arc of said curve subtending a central angle of 40015'46", a distance of 298.65 feet to the end of said curve; thence South 00°11'45" West, continuing C 11169081.2 along said proposed East Right-of-way line, a distance of 262.22 feet; thence North 89"46'54" East, a distance of 25.00 feet more or less to the Point of Beginning. PARCEL 4 Being a parcel of land lying in Government Lots 3 and 4, Section 25, Township 37 South, Range 40 East, St. Lucie County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Government Lot 4; thence N 00'11'45" E, along the West line of said Government Lot 4, a distance of 888.52 feet; thence 89'39'31" E, along a line parallel with the North line of said Government Lot 4, a distance of 50 feet to the Northeast corner of those lands as described in O.R. Book 196, page 2272, Public Records of St. Lucie County, Florida and the POINT OF BEGINNING. Thence continue N 89'39'31" E a distance of 1545 feet more or less to the mean high water line of the St. Lucie River, thence meander said Mean High Waterline Southeasterly a distance of 463 feet more or less to the intersection with aline 500.00 feet North of as measured at right angles and parallel with the South line of said Government Lot 4; thence S 89'47'34" W, along lastly said line a distance of 1931 feet more or less to the intersection of the proposed East right-of-way line of Gilson Road, as relocated, said point of intersection being in a curve concave to the Northeast having a radius of 435.00 feet the chord of which bears N 09033'50" W; thence Northwesterly, Northerly and Northeasterly along the arc of said curve and said proposed East right-of-way line a distance of 148.19 feet through a central angle of 19'31'09'; thence continue along said proposed East right-of-way line, N 00011'45" E a distance of 184.69 feet; thence S 89048'15" E a distance of 75.00 feet to the Intersection with the East line of those said lands as described in O.R. Book 196, Page 2272; thence N 00011'45" E along said East line a distance of 50.00 feet to the POINT OF BEGINNING. PARCELS Being a parcel of land lying in Government Lot 4, Section 25, Township 37 South, Range 40 East, St. Lucie County, Florida, and being more particularly described as follows: Commence at the Southwest corner of said Government Lot 4; thence N 89037'34" E, along the South line of Government Lot 4, a distance of 213.85 feet to the proposed East right-of-way line of Gilson Road, as relocated; thence N 22'44'24" W, along said East right-of-way line a distance of 64.96 feet to the North line of Turnabout Lane, as recorded in O.R. Book 221, Page 327, public records of St Lucie County, Florida and the POINT OF BEGINNING of the following described parcel: Thence continue N 22'44'24" W, along said East right-of-way, a distance of 459.81 feet to the beginning of a curve concave to the Northeast having a radius of 435.00 feet, the chord of which bears N 21'29'23" W; thence Northwesterly along the arc of said curve a distance of 16.44 feet through a central angle 7 11169081.2 02°09'53" to the intersection with the North line of the South 500.00 feet of said Government Lot 4; thence N 89°47'34" E, along said North line, a distance of 1939.70 feet more or less to the Mean High Water Line of the North Fork of the St. Lucie River, thence meander said Mean High Water Line Southeasterly a distance of 602 feet, more or less to the intersection with the South line of said Government Lot 4; thence S 89°47'34" W a distance of 825 feet, more or less, to the Southeast corner of Turnabout Lane; thence N 00°12'26" W a distance of 60.00 feet; thence S 89°47'34" W along said Turnabout Lane, a distance of 1241.65 feet to the POINT OF BEGINNING. j 11169081.2 LEGAL DESCRIPTION Being a parcel of land lying in Section 25, Township 37 South, Range 40 East, being more particularly described as follows; Commence at the Southwest corner of Government Lot 4; thence North 00'17'09" East, along the West line of said Government Lot 4, a distance of 448.38 feet; thence South 89'42'51" East, a distance of 9.42 feet to the POINT OF BEGINNING of the following described easement; And the beginning of a curve to the right, of which the radius point lies North 67'20'20" East, a radial distance of 435.00 feet; thence northerly along the arc, through a central angle of 16'47'34", a distance of 127.49 feet; thence North 39'49'21" East, a distance of 36.02 feet to the intersection with a non tangent curve concave to the east, having a radius of 410.00 feet, the chord of which bears North 01'01'55" West, 18.86 feet; thence northerly along the are of said curve, a distance of 18.86 feet through a central angle of 02'38'10"; thence North 00'17'09" East, a distance of 54.82 feet; thence North 57'38'11" East, a distance of 29.85 feet to a point of curve to the left having a radius of 68.00 feet, a central angle of 51'13'42"; thence northeasterly along the arc a distance of 60.80 feet; thence North 06'24'29" East, a distance of 12.70 feet to a point of curve to the right having a radius of 132.00 feet, a central angle of 83'45'57"; thence northeasterly along the arc a distance of 192.98 feet; thence South 89'49'34" East, a distance of 114.32 feet to a point of curve to the left having a radius of 192.00 feet, a central angle of 08'34'35"; thence easterly along the arc a distance of 28.74 feet; thence South 17'20'19" East, a distance of 208.76 feet to the intersection with a non tangent curve concave to the northwest, having a radius of 553.21 feet, the chord of which bears North 61'43'18" East, 90.20 feet; thence northeasterly along the arc of said curve, a distance of 90.30 feet through a central angle of 09'21'07"; thence North 81'01'00" East, a distance of 21.41 feet; thence North 70'00'14' East, a distance of 4.55 feet to the intersection with a non tangent curve concave to the north, having a radius of 293.00 feet, the chord of which bears North 89'28'33" East, 358.98 feet; thence easterly along the arc of said curve, a distance of 386.38 feet through a central angle of 75'33'19"; thence South 45'25'35" East, a distance of 41.99 feet to a point of curve to the right having radius of 135.00 feet, a central angle of 129'14'45"; thence southerly along the arc a distance of 304.53 feet to a point of reverse curve to the left having a radius of 175.00 feet and a central angle of 116'49'46"; thence southwesterly along the arc, a distance of 356.84 feet to a point of reverse curve to the right having a radius of 296.08 feet and a central angle of 34'07'29"; thence southerly along the arc, a distance of 176.34 feet; thence South 89'52'18" West, a distance of 542.61 feet; thence North 22'39'40" West, a distance of 459.37 feet to the POINT OF BEGINNING. Containing 11.884 acres, more or less Less and Except (Parcel 1) Being a parcel of land lying in Section 25, Township 37 South, Range 40 East, being more particularly described as follows; Commence at the Southwest corner of Government Lot 4; thence North 00'17'09" East, along the West line of said Government Lot 4, a distance of 530.46 feet; thence South 89'42'51" East, a distance of 824.45 feet to the POINT OF BEGINNING of the following described easement; Thence North 07'45'42" West, a distance of 49.76 feet; thence North 01'26'53" East, a distance of 60.35 feet; thence North 17'35'43" East, a distance of 36.29 feet to a point of curve to the right having a radius of 25.00 feet, a central angle of 134'55'10"; thence easterly along the are a distance of 58.87 feet; (Continued) NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LAND SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD. Az Mad f. Kolodzi zyk 130te Professional Surveyor & Mapper Florida Certificate No. 3864 DESCRIPTION OF CONSERVATION AREA NO. 1 Exhibit "B" Page 1 of 9 Sheet 1 of 5 File: 12-058s&d CULPEPPER & TERPENING, INC parcel .dwg Date: 11-1-2012 CONSULTING ENGINEERS) LAND SURVEYORS L PHOKRP]H225,h33TA]E•8PTAX•P)O>2IlTPISRCe• , F1AAIDa W• AUT,IAAIDA A34994 FROM 772�3376. FAX 77-09497. 9m8 1 wmw.tt-engmm Tech: GLM LEGAL DESCRIPTION (Continued) thence South 27*29*07" East, a distance of 48.53 feet; thence South 04'51'01" East, a distance of 33.15 feet; thence South 11'51'56" West, a distance of 64.84 feet to the intersection with a non tangent curve concave to the northwest, having a radius of 135.00 feet, the chord of which bears South 49'31'37" West, 16.29 feet; thence southwesterly along the arc of said curve, a distance of 16.30 feet through a central angle of 06'55'00" to on Intersection with a non -radial line bearing North 87'52'19" West; thence North 87'52'19" West, along said non -radial line, a distance of 51.30 feet to the POINT OF BEGINNING. Containing 0.256 acres, more or less. Less and Except (Parcel 2) Being a parcel of land lying in Section 25, Township 37South, Range 40 East, being more particularly described as follows; Commence at the Southwest corner of Government Lot 4; thence North 00'17'09" East, along the West line of said Government Lot 4, a distance of 448.38 feet; thence South 89'42'51" East, a distance of 9.42 feet to the POINT OF BEGINNING of the following described easement; Thence North 36'21'48" East, a distance of 60.75 feet; thence North 69'59'39" West, a distance of 26.02 feet; thence North 18'48'30" West, a distance of 73.25 feet; thence North 04'05'02" West, a distance of 72.71 feet; thence North 42'07'00" West, a distance of 29.98 feet; thence North 00'19'15" West, a distance of 55.87 feet; thence North 82'35'37" East, a distance of 58.10 feet; thence North 50'28'09" West, a distance of 37.81 feet to a point of curve to the right having a radius of 25.00 feet, a central angle of 76'21'25", and a chord bearing of North 12'17'26" West, 30.91 feet; thence northerly along the arc a distance of 33.32 feet to the intersection with a non tangent curve concave to the south, having a radius of 132.00 feet, the chord of which bears North 79'27'41" East, 49.07 feet; thence easterly along the are of said curve, a distance of 49.36 feet through a central angle of 21'25'30"; thence South 89'49'34" East, a distance of 114.32 feet to a point of curve to the left having a radius of 192.00 feet, a central angle of 03'00'51", and a chord bearing of North 88'40'01" East, 10.10 feet; thence easterly along the arc a distance of 10.10 feet to the intersection with a non tangent curve concave to the west, having a radius of 25.00 feet, the chord of which bears South 07'46'44" East, 48.30 feet; thence southerly along the arc of said curve, a distance of 65.45 feet through a central angle of 149'59'27"; thence South 67'12'59" West, a distance of 9.42 feet; thence South 14'13'47" East, a distance of 58.14 feet; thence South 31'06'58" East, a distance of 47.04 feet; thence South 14'00'26" West, a distance of 47.25 feet; thence South 16'54'54" East, a distance of 49.31 feet; thence South 19'59'52" East, a distance of 25.15 feet; thence South 48'29'46" East, a distance of 22.18 feet; thence South 83*14'11" East, a distance of 52.26 feet; thence South 35'53'33" East, a distance of 38.37 feet; thence South 78'49'31" East, a distance of 62.03 feet; thence South 31'06'59" East, a distance of 34.90 feet; thence South 18'51'17" East, a distance of 51.12 feet; thence South 31'06'58" East, a distance of 46.52 feet; thence South 00'l9'15" East, a distance of 60.69 feet; thence South 23'45'45" West, a distance of 31.88 feet to a point of curve to the right having a radius of 25.00 feet, a central angle of 90'01'22", and a chord bearing of South 68'46'27" West, 35.36 feet; thence westerly along the arc a distance of 39.28 feet; thence North 66'12'52" West, a distance of 26.70 feet; thence North 79'45'41" West, a distance of 29.33 feet; thence North 83'14'11" West, a distance of 37.00 feet; thence South 47'51'20" West, a distance -of 27.15 -feet; thence South 57-*49a 2" West, a distance of 57.4.0 feet; thence South_47'51'20" West, a__ distance of 58.30 feet to the intersection with a non tangent curve concave to the north, having a radius of 35.00 feet, the chord of which bears North 69'17'37" West, 54.18 feet; thence westerly along the arc of said curve, a distance of 61.95 feet through a central angle of 101'24'55"; thence North 07'35'53" West, a distance of 36.86 feet; thence North 34'09'48" West, a distance of 50.72 feet; thence North 42'07'01" West, a distance of 12.90 feet; thence North 12'55'08" West, a distance of 69.83 feet; thence North 61'06'08" West, a distance of 7.13 feet; thence South 89'40'45" West, a distance of 20.57 feet to a point of curve to the right having a radius of 25.00 feet, a central angle of 131'47'50", and a chord bearing of North 24'25'20" West, 45.64 feet; thence northwesterly along the arc a distance of 57.51 feet; thence North 41'28'35" East, a distance of 11.37 feet; thence North 19'21'21" East, a distance of 12.42 feet; thence North 42'07'00" West, a distance of 38.06 feet to the POINT OF BEGINNING. Containing 3.471 acres, more or less. Total area of parcel = 8.157 acres, more or less. Exhibit "B" Page 2 of 9 Sheet 2 of 5 DESCRIPTION OF CONSERVATION AREA NO. 1 File: 12-058s&d CULPEPPER & TERPENING, INC parcel.dwg 1MCONSULTING Date: 11-1-2012 (10 ENGINEERS I LAND SURVEYORS FORTP]ER�,FLORMA34981 PHONHT/2-061-3537 • PAX712 9497•1515WELAGI.ERAV •=ART,ELDMDA34994 'L PHOMM-ML5376. PAX712-0 9497.m a-eo Tech: GLM 60FFl9UDA @ATFlUTON H! LINE TABLE LINE LENGTH BEARING L1 54.82 1\100'17'09"E L2 29.85 N5738'11"E L3 21.41 S81'01'00"W L4 4.55 N70'00'14"E L5 12.70 N06'24'29"E S89'42 9.42''51"E HARBOUR RIDGE PLAT NO. 3 PLAT BOOK 24, PAGE 18 EXISTING GOLF COURSE A = DELTA ° R = RADIUS o L = ARC LENGTH SKETCH TO ACCOMPANY LEGAL DESCRIPTION IIHIS IS NOT A SURVEY GRAPHIC SCALE 200 0 100 200 ( IN rear) 1 I.9h - 200 R R0293$10' A=75'33'19' L=386.38' L=90.30' PARCEL C=N61'43'18' SEE SHEET 5 OF 5 90.20' FOR P1INSFRVAMN� Y ND PROPOSED Ally ARY CONSERVATION .RCA 2 TRACT NO. i VE 4 5 DR fANSpppEy. Ailgv �1MEN� NS 36 R=1 � — / 6=116'49 8'4946' / / I 35 L-356.84' POND z og0o \ z� 1 7(>` R=298.08 z za ?c A-347'29' z w L=176.3e 70 -- O_.RNER SB9'52'1a"W 542.61' GOVERNMENT 6V DEEDED RIGHT-OF-WAY LOT 4 SECTION 25 O.R.B. 221, PAGE 1616 _ CTION 36 -ST. 1UC1E CDDRTY, FFORIDA �II POB =POINT OF BEGINNING POC = POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR BEARINGS SHOWN HEREON ARE RELATIVE TO THE WEST LINE OF GOVERNMENT LOT 4 HAVING A BEARING OF N00'17'09"E SKETCH OF DESCRIPTION OF CONSERVATION AREA NO. 1 34 33 41/ 41.99' i 40 R=135.00' 39 &12914'W L=304.53' ED A)RISDIGRONAL BEILAND BOUNDARY 38 37 CURVE TABLE CURVE RADIUS DELTA LENGTH I CHORD BEARING I CHORD C1 410.00 02'38'10" 18.86 S01'01'56"E 18.86 C2 68.00 51'13'42" 60.80 N32'O1'20"E 58.79 C3 192.00 08'34'35" 1 28.74 N85*530'9"El 28.71 Exhibit "B" Page 3 of 9 Sheet 3 of 5 11 File: 12-058s&d CULPEPPER & TERPENING, INC Date: parcel.dwg 11-1-2012 CONSULTING LTING ENGINEERS I LAND SURVEYORS TH250 • PORT FLORIDA 3A981 M7 - FC P "W - PHONE 5115W PLAG A� • STOART, FUDJUDA U994 PHON8n7b 3376•PA8772 9497•wmma-rug-m Tech: GLM mmovnownna nRunoww raw LINE TABLE . UNE ILENGTHI BEARING L1 60.75 N36'21'48"E L2 26.02 N69'59'39"W L3 73.25 N18'48'30"W L4 72.71 N04'05102"W L5 29M N4TO7100"W L6 55.87 N0019'15"W L7 58.10 N8235'37"E L8 37.81 N50'28'09"W L9 114.32 S89'49'34"E L10 9.42 S6712'59'W 1-11 58.14 S14'13'47"E L121 47.04 S31'06'58"E L131 47.25 S14'00'26"W LI 41 49.31 S16'54'54"E L15 25.15 S19'59'52"E L16 22.18 S48-29.46"E L17 52.26 S83'14'11"E L18 38.37 S35'53'33"E LIS 62.03 S78'49'31"E L20 34.90 S31'06'59"E L21 51.12 S18'51'17"E L22 46.52 S31'66'58"E L23 60.69 S0099'15"E L241 31.88 S23'45'45"W L25 26.70 N66'12'52"W L26 29.33 N79'45'41"W L27 37.00 N83'14'11"W L28 27.15 S47'51'20"W L29 57.40 S57'49'12"W L30 58.30 S47'51'20"W L31 36.86 N0735'53"W L32 50.72 N34'09'48"W L33 12.90 N42'07'01"W L34 69.83 N12'55'08"W L35 7'13 N61'06'08"W L36 20.57 S89'40'45"W L37 11137 N41'28'35E L38 12.42 N19'21'21"E L39 38.06 N4TO7'OO"W M ZW p �a p a L4 d QN 0 Y No Z Km oi- K� W Q6 2 BEARINGS SHOWN HEREON RELATIVE TO THE WEST UN GOVERNMENT LOT 4 HAVING BEARING OF N00'17'09"E M o �z f W J W ZVWI Z 0 0 > p9 m SW CORNER GOVERNMENT G = DELTA 4 R = RADIUS L = ARC LENGTH POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR C = CHORD BEARING & DISTANCE d EXHIBIT N OF CONSERVATION EASEMENT 0 i EXHIBIT OF EASEMENT THIS IS NOT A SURVEY POSED � RADCLII" WAY 60 RIGHT-OF-WAY c2 L9 C3 / PROPOSED LOT 47 JURISDICTIONAL WETLAND BOUNDARY \) J � Z5P�RNGE L17 PROPOSED CONSERVATION TRACT NO. 1 L19 GRAPHIC SCALE ao 100 0 60 loo b ( IN FEED ) 1 ineh = ]OD tL L36 ?S JURISDICTIONAL 1 r WETLAND I r ARE W BOUNDARY\ t` E OF A u� 1ri � �27L26 42 S / 9 POND CURVE TABLE CURVE RADIUS DELTA LENGTH CHORD BEARING CHORD C1 25.00 76'21'25" 33.32 N12'17'26"W 30.91 C2 132.00 21'25'30" 49.36 N79'27'41'E 49.07 C3 192.00 03'0051" 10.10 N88'40'01"E 10.10 C4 25.00 149'59'27" 65.45 S07'46'44E 48.30 C5 25.00 90'01'22" 39.28 S6W46'27"W 35,36 C6 35.00 101'2435" 61.95 N69'17'37"W 54.18 C7 25.00 131'47'50" 57.51 N24'25'20"W 45.64 Sheet 4 of 5 File: 12-0585&d CULPEPPER & TERPENING Date: Wett&2 dwg 10-10-2012 r14 .INC 1 �5 CONSULTING ENGINEERS I LAND SURVEYORS Exhibit "B 2MSOUT Zffi 5IRE8S•POIiTPffiA�FLOAIDA M981 PHONH772i6IIM-FA 772AN-9497•wwwaagwm Page 4 9 1515WP GI AVHN118•ST T. MOMA U994 Of PHCN YIbP !G76• FAX T72J61-9497•www.¢mg.wm Tech: GLM snreornovmncmnnunorvw�aans EXHIBIT OF EASEMENT THIS IS NOT A SURVEY R=25.00' A--134*55'10" GRAPHIC SCALE L=58.87' so 0 25 so JURISDICTIONAL WETLAND tIN MT 50 R BOUNDARY 1 W.h = 4 M N a0 s" n co PROPOSED LOT 39 PROPOSED w 1n CONSERVATION w 0 TRACT NO. 1 CTI N � j . o 0 o CO 25' z AVERAGE 3 ITi PROPOSED 0 00 LOT 38 �!m n� p N S89'42'51"E N87'S2'19"W R=15500' p 824.45' 51.30, L=16.30' v POB C=S49'31'37"W 16.29' PROPOSED LOT 37 o °° to z� NLJ � OU C = CHORD BEARING & DISTANCE 0 = DELTA R = RADIUS O 0 L = ARC LENGTH POB = POINT OF BEGINNING 00Z POC = POINT OF COMMENCEMENT PLS =PROFESSIONAL LAND SURVEYOR N x z 1—w in J z w z z w J h BEARINGS SHOWN HEREON ARE RELATIVE TO THE Q 0- w z Of L,N� WEST LINE OF GOVERNMENT LOT.4 HAVING A 3POC BEARING OF NOO'17'09"E SW CORNER GOVERNMENT LOT 4 Exhibit "B" Page 5 of 9 Sheet 5 of 5 EXHIBIT File: 12-058s&d wet4.dw9 CULPEPPER & TERPENING, INC '9 Dote: 10-10-2012 � 11 CONSULTING ENGINEERS I LAND SURVEYORS j OF 2989 SOUTH2Ah3TAHlit. POBTPUMCS PMOMA M981 .. MOM 772461-3W-PA%T12464-9497-www.[m"mm ' �� CONSERVATION EASEMENT IOMWA 336o FS .5TOM97. onIDA34994 PH°NB 29A33"`F"� z°"'"""� sremmorrtouon axnnunoNws.va Tech: GLM LEGAL DESCRIPTION Being a parcel of land lying in Section 25, Township 37 South, Range 40 East, being more particularly described as follows; Commence at the Southwest corner of Government Lot 4; thence North 00'17'09" East, along the West line of said Government Lot ,4, a distance of 498.41 feet; thence South 89'42'51" East, a distance of 1547.46 feet to the POINT OF BEGINNING of the following described parcel; And the beginning of a curve to the left, of which the radius point lies South 48'02'47" West, a radial distance of 1,750.00 feet and having a chord bearing of North 46'01'29" West, 248.47 feet; thence northwesterly along the arc, through a central angle of 08*08,31", a distance of 248.68 feet; thence North 43'59'35" East, a distance of 317.76 feet; thence South 54'47'29" East, a distance of 65.45 feet; thence South 35'13'01" East, a distance of 34.42 feet; thence South 21'08'07" East, a distance of 31.34 feet; thence South 78'20'48" East, a distance of 28.99 feet; thence South 59'24'18" East, a distance of 55.89 feet; thence South 45'14'06" East, a distance of 112.39 feet; thence South 42'13'06" East, a distance of 97.67 feet; thence South 56'03'24" West, a distance of 345.51 feet to the intersection with a non tangent curve concave to the southwest, having a radius of 1,750.00 feet, the chord of which bears North 40'23'30" West, 95.41 feet; thence northwesterly along the arc of said curve, a distance of 95.42 feet through a central angle of 03'07'27" to the POINT OF BEGINNING. Containing 2.862 acres, more or less. Less and Except; Being a parcel of land lying in Section 25, Township 37 South, Range 40 East, being more particularly described as follows; Commence at the Southwest corner of Government Lot 4; thence North 00'17'09" East, along the West line of said Government Lot 4, a distance of 498.41 feet; thence South 89'42'51" East, a distance of 1547.46 feet to the POINT OF BEGINNING of the following described easement; (Continued) -- - NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT—OF—WAY AND/OR EASEMENTS OF RECORD. Professional ;Surveyor & Mapper Florida Certificate No. 3864 DESCRIPTION F CONSERVATIONAREA NO. 2 Exhibit "B" Page 6 of 9 Sheet 1 of 4 File: 12-058s&d CULPEPPER & TERPENING, INC Date: parce12.dwg 11-02-2012 , 4? ''-CONSULTING ENGINEERS I LAND SURVEYORS 2 WSO➢TH Z& STRPSP. FORT FUMCE, FLO=A U981 PHONE Tl2-064 MD- FAX T1TA64-9491. mvmtt<vS.wm 151 M PLAGLERAVENOE. S ART, PLOMDA 34994 PHONETi64 M76. PAX7124649491. www.tteaswm Tech: GLM n.,>BOF.,q,�U40RlIFlUTON 'M 18,"16 LEGAL DESCRIPTION (Continued) Thence North 21'49'36" West, a distance of 36.24 feet; thence North 49'22'28" West, a distance of 35.71 feet; thence North 14'15'08" West, a distance of 61.94 feet; thence North 24'41'19" East, a distance of 24.33 feet; thence North 12'00'30" West, a distance of 34.12 feet; thence North 21'47'51" West, a distance of 18.10 feet; thence North 18'10'18" East, a distance of 19.81 feet; thence North 05'13'21" East, a distance of 36.42 feet; thence North 04'56'45" West, a distance of 29.39 feet; thence North 20'35'23" East, a distance of 52.02 feet; thence North 43'59'35'' East, a distance of 24.25 feet; thence North 69'22'02" East, a distance of 53.20 feet; thence South 85'15'56" East, a distance of 26.86 feet to a point of curve to the right having a radius of 25.00 feet, a central angle of 111'34'42", and a chord bearing of South 29'28'35" East, 41.35 feet; thence southeasterly along the arc a distance of 48.69 feet; thence South 26'18'46" West, a distance of 13.54 feet; thence South 51'12'12" West, a distance of 20.57 feet; thence South 18'19'47" West, a distance of 18.62 feet; thence South 05'48'37" West, a distance of 54.64 feet; thence South 22'27'30" East, a distance of 40.03 feet; thence South 42'23'15" East, a distance of 58.18 feet; thence South 71'38'25" East, a distance of 53.95 feet; thence South 01'10'04" East, a distance of 18.03 feet; thence South 34`29'13" East, a distance of 8.59 feet; thence South 84'02'53" East, a distance of 27.29 feet to a point of curve to the right having a radius of 25.00 feet, a central angle of 119'27'41", and a chord bearing of South 24'19'02" East, 43.18 feet; thence southeasterly along the arc a distance of 52.12 feet; thence South 35'24'48" West, a distance of 49.91 feet; thence South 50'02'42" West, a distance of 76.31 feet; thence South 73'20'56" West, a distance of 67.37 feet; thence North 49'30'04" West, a distance of 31.78 feet to the intersection with a non tangent curve concave to the southwest, having a radius of 1,750.00 feet, the chord of which bears North 41'18'45" West, 39.15 feet; thence northwesterly along the arc of said curve, a distance of 39.15 feet through a central angle of 01'16'54" to the POINT OF BEGINNING. Containing 1.323 acres, more or less. Total area = 1.539 acres, more or less. I I Exhibit "B" Page 7 of 9 Sheet 2 of 4 11 DESCRIP11ON OF CONSERVATION AREA NO. 2 File: 12-058s&d CULPEPPER b. TERPENING, INC parcel2 dwg OGO Date: 11-02-2012 NS UITING ENGINEERS I LAND SURVEYORS OHOVH 2h H. FORT FAIDAH9H1 PF]]•PY T-9497. 151MLAGLE.TT, FUO1UDA3994 PH0NRP2gM76-FY T29497. www.a-mg.wm Tech: GLM srnraovao"on�nc�uno»ne�aeee \ 6�1r \ \ Y1� SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY GRAPHIC SCALE 100 0 50 100 ( IN Fn7 1 moh = 100 tL "E / 28.99' MEAN HIGH WATER LINE PROPOSED SS S`589, LOCATED 6-07-2012 LOT 18 9• EL=-0.43' n� \ 2lir SA N.A,V.D. 1988 f INCLUDEt3 C1k PROPOSED CONSERVATION / POND �01 TRACT N0. 2 [ -Q,d,o s \\ PARCEL \ \ 1h P.FcG 3F (Y C Off• SO > / PROPOSED & 00, \/ CONSERVATION SEE Sj T 4 OF — \TRACT N0. 2 \ ,P/ os B• FORIA,GNSCONSERVA .6N \ \ `EASE ENT DIM SI _Y7 yU ISDICT1IjOty L — 7 NO 5 \ S89'42'51 E\\ \PO Do DARY 1547.46' PROPOSED LOT 19 R=1750.00' \ \ A=03'07'27" \ -L=95.42' C=N40'23'30"W \ 95.41' C = CHORD BEARING & DISTANCE N A = DELTA R = RADIUS BEARINGS SHOWN HEREON ARE per/. L = ARC LENGTH RELATIVE TO THE WEST LINE OF POB = POINT OF BEGINNING GOVERNMENT LOT 4 HAVING A SW CORNER POC = POINT OF COMMENCEMENT BEARING OF N00'17'09"E GOVERNMENT PLS = PROFESSIONAL LAND SURVEYOR I I Exhibit "B" Page 8 of 9 Sheet 3 of 4 I' SKETCH OF DESCRIPTION OF CONSERVATION AREA NO. 2 File: 12-058s&d CULPEPPER & TERPENING, INC parcel 2 dwg Date: 11-02-2012 CONSULTING ENGINEERS 1 LAND SURVEYORS 29M SOUTH 2R6 STAHBT • FOATF.CJ ,FLOAIDA34981 PHON 772�61J537 • FAX T72 9497 • www.u-evgmm 151SWPLAG AVeNUA•STUAAT.FLOMDA34994 - FHONH VI2 3376•FAX772 9497.wwrvaeagmm Tech: GLM EXHIBIT OF EASEMENT LINE TABLE LINE I LENGTH I BEARING L7 36.24 N21'49'36"W L2 35.71 1,149'22'28"W L3 61.94 N14'15'08"W L4 24.33 N24'41'19"E 15 34.12 N12'00'30"W L6 18.10 N21'47'51"W L7 19.81 N18'10'18"E L8 36.42 NO5'13'21"E L9 29.39 N04'56'45"W L10 52.02 N20'35'23"E L11i 24.25 N4359'35"E 02 53.20 N69'22'02"E L13 26.86 S85'15'56"E L14 13.54 S26'1&46"W L15 20.57 S51'12'12"W Lib 18.62 S18'19'47"W L17 54.64 S05448'37"W L18 40.03 S2T27'30"E L19 58.18 S4223'15"E L20 53.95 S71'36'25"E L21 18.03 50170'04"E L22 8.59 S34'29'13"E L23 27.29 S84'02'53"E L24 49.91 S35'24'48"W L25 J6.31 S50'02'42"W L26 67.37 S73'20'56"W L27 31.78 N49'30'04"W o, 9� W c O<t M 7- 0D d� O't zw j O ED r,2 o a0 Z \ g a 0 N 0Y M r moo z r o WIE F 0 X J 1- K� W z W a w i z zNU1 • ' Bpi w 3 9i THIS IS NOT A SURVEY GRAPHIC SCALE 100 0 50 100 ( IN FEET 1 InoL = 100 fL L13 MEAN HIGH WATER LINE \ 12 LOCATED 6-07-2012 i EL= 0.43' N.A.V.O. 1988 O %PROPOSED LOT 18 00 J POND \ PROPOSED �j \ CONSERVATION r 9 TRACT N0. 2 \ \ O Qo LA �2 ' JURISDICTIONAL - 7 Bf UNDARY� S89'42'51� � y5 1547.46' \ S• \ PO v� F \ PROPOSED CONSERVATION \\ACT NO. 2 PROPOSED LOT 19 CURVE TABLE CURVE RADIUS I DELTA I LENGTH I CHORD BEARING CHORD C11 25.00 111-34'42-1 48.69 S29'28'35"E 41.35 C21 2 9-27-0-1 52.121 S2419'02"E 43.18 C3 1750.00 01-16-54!'l 39.15 N41'18'45"W 39.15 C = CHORD BEARING & DISTANCE A = DELTA R = RADIUS L = ARC LENGTH POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR 11 Exhibit "B" Page 9 of 9 Sheet 4 of 4 11 EXHIBIT OF CONSERVATION EASEMENT File: 12-0585&d CULPEPPER & TERPENING, INC parcel 2 dwg Dote: 11-02-2012CONSULTING ENGINEERS I LAND SURVEYORS ry 2980 MUM Zffi ET. FORTFI Ce FLORIDA M981 P' FHOKE772-064-3537. FAXT/2 949].wmv -- 't 1518WFLAGL AVENUE. MT T.FLORIDAM"4 PHOH6'P2-2 53761 FAX 772-0 M97. w aea Tech: GLM ,7A,YOPaOP.V)ACPAIIFIfA„W, WlBCta RESOLUTION NO. 13-020 A RESOLUTION ACCEPTING A CONSERVATION EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing CONSERVATION EASEMENT from Standard Pacific of Florida is duly accepted on behalf of St. Lucie County this 5t" day of FEBRUARY, 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney S:\ACQ\WP\Conservation Easements\Riverbend\Resolutlon No. 13-020.wpd AGENDA REQUEST ITEM NO. VII-D DATE: 10/23/12 REGULAR O PUBLIC HEARING (X) LEG. ( ) QUASWD (X) CONSENT (. ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jeffrey Johnson SUBMITTED BY: Planning and Development Services Senior Planner Department, Planning Division SUBJECT: Rezoning and Preliminary and Final PUD Site Plan Riverbend PUD, located north of Harbour Ridge Boulevard on the east side of Gilson Road. BACKGROUND: See attached memorandum, FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 18, .2012..--.:Planning and Zoning Commission voted unanimously to forward a recommendation of approval to.the, Board, of.County Commissioners. RECOMMENDATION: Board adoption of Resolution No. 12-120 approving the Rezoning and Preliminary and Final PUD Site Plan as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: t°O APPROVED ( ) DENIED ( ) OTHER' Faye W. Outlaw, MPA Approved 5-0 COORDINATION/SIGNATURES County -Administrator, ICMA-CM County.Attorney (X) County Surveyor • (X) Daniel S. McIntyre Ron Harris County Engineer (X) RIP ERD ( X) Michael Powley arerx mith Originating Dept. (X) 41- OMB ( ) Mark Satterlee Marie Gouin 1 RESOLUTION NO. 12-120 2 File Number: PUD_RZ 720124458 3 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 5 ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL 6 ZONING ATLAS FROM AR-1 (AGRICULTURAL, RESIDENTIAL - 1) TO 7 PUD (PLANNED UNIT DEVELOPMENT), AND PRELIMINARYIFINAL 8 PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL FOR 9 RIVERBEND PUD A 47 LOT SINGLE FAMILY RESIDENTIAL 10 SUBDIVISION ON 53.81 ACRES OF PROPERTY IN ST. LUCIE 11 COUNTY. 12 13 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based 14 on the testimony and evidence, including but not limited to the staff report, has made 15 the following determinations: 16 17 CHANGE IN ZONING 18 19 1, Stuart Property Holdings, LLC presented a petition for an Amendment to the 20 Official Zoning Atlas from the AR-1 (Agricultural, Residential -1) to the PUD 21 (Planned Unit Development) Zoning District, located north of Harbour Ridge 22 Boulevard, on the east side of Gilson Road for certain property in St. Lucie 23 County, Florida, as depicted on the attached map as Exhibit "A" and described 24 in Part "A" below. 25 26 2. On October 18, 2012, the St. Lucie County Planning and Zoning Commission 27 held a public hearing on the petition after publishing a notice of such hearing 28 in the St. Lucie News Tribune and notifying by mail all property owners within 29 500 feet of the property boundaries at least 10 days prior to the hearing, and 30 recommended the Board of County Commissioners approve the request for a 31 Change in Zoning from the AR-1 (Agricultural, Residential — 1) to the PUD 32 (Planned Unit Development) Zoning District, for the property depicted on the 33 attached map as Exhibit "A" and described in Part "A" below. 34 35 3. On October 23, 2012, this Board held a public hearing on this petition after 36 publishing a notice of such hearing in the St. Lucie News Tribune and 37 notifying by mail all property owners within 500 feet of the subject property at 38 least 10 days prior to the hearing. 39 40 4. The proposed zoning change is consistent with the St. Lucie County 41 Comprehensive Plan and has satisfied the requirements of Section 11.06.03 42 of the St. Lucie County Land Development Code. 43 44 45 October 23, 2012 Resolution No. 12-120 Page 1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT File No.: PUD_RZ 720124458 SAINT LUCIE COUNTY FILE W 376701511/0712012 at 12:06 PM OR BOOK 3451 PAGE 1310 -1321 Doc Type: RESO RECORDING: $103.50 1 SITE PLAN 2 3 5. The Preliminary and Final PUD Site Plan presented concurrent with the 4 petition for change in zoning consists of 47 single family residential lots on 5 53.81 acres with common open space, a community park with pavilion and a 6 guard house. 7 8 6. On October 18, 2012, the St. Lucie County Planning and Zoning Commission 9 held a public hearing on the petition after publishing a notice of such hearing 10 in the St. Lucie News Tribune and notifying by mail all property owners within 11 500 feet of the subject property at least 10 days prior to the public hearing, 12 and recommended to the Board of County Commissioners that Preliminary 13 and Final Site Plan approval for the project to be known as Riverbend PUD. 14 15 7. On October 23, 2012 this Board held a public hearing on the petition after 16 publishing a notice of such hearing in the St. Lucie News Tribune and 17 notifying by mail all property owners within 500 feet of the subject property at 18 least 10 days prior to the public hearing. 19 20 8. The St, Lucie County Development Review Committee has reviewed the 21 Preliminary and Final Planned Unit Development Site Plan for the project and 22 found it to meet all technical requirements and to be consistent with the Future 23 Land Use Map of the St. Lucie County Comprehensive Plan, subject to the 24 conditions set forth in Part B of this Resolution. 25 26 9. The proposed project is consistent with the general purpose, goals, 27 objectives, and standards of the St. Lucie County Land Development Code, 28 the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. 29 Lucie County. 30 31 10,The proposed project will not have an undue adverse effect on adjacent 32 property, the character of the neighborhood, traffic conditions, parking, utility 33 facilities or other matters affecting the public health, safety and general 34 welfare. 35 36 11.All reasonable steps have been taken to minimize any adverse effect of the 37 proposed project on the immediate vicinity through building design, site 38 design, landscaping and screening. 39 40 12.The proposed project will be constructed, arranged and operated so as not to 41 interfere with the development and use of neighboring property, in accordance 42 with applicable district regulations. 43 44 13. The proposed project will be served by Port St. Lucie Utilities for potable water 45 and individual lots will provide on -site septic systems for waste. October 23, 2012 Resolution No. 12-120 Page 2 File No.: PUD RZ 720124458 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 WAIVER 14.Stuart Property Holdings, LLC has requested, as part of their proposed site plan, a waiver from the Comprehensive Plan Policies 6.1.14.5 and 6.1.14.6 to allow for reduced minimum wetland buffer widths from the required twenty-five feet to ten feet along a portion of Wetland 1 and from the required fifty feet to fifteen feet along a portion of Wetland 3 to allow for construction of an entrance road (as depicted on the attached site plan). 15.After consideration of the testimony presented during the October 23 2012, public hearing, including staff comments and the standards of review for granting a waiver as set out in Policy 6.1.14.2.d, St. Lucie County Comprehensive Plan, the Board of County Commissioners has made the following determination: a. The requested waiver for a r e Plan. b. The waiver granted will not impair other property or improvements in the neighborhood. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. c. The waiver granted is the minimum necessary to allow for construction of the access roadway without impacting existing other surface waters and reasonable use of the site. d. The applicant has provided ac for the reduced buffer widths, and intent of the St. Lucie Cc Comprehensive Plan. ditional buffer area to compensate thereby meeting the general spirit inty Land Development Code and 16.After considering the evidence presented during the October 23, 2012 public hearing and staff comments, the Board of County Commissioners has determined that no additional road right-of-way shall be required for Gilson Road from the property described in Part A below. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: October 23, 2012 Page 3 Resolution No. 12-120 File No.: PUD RZ 720124458 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 A. The property on which the Change in Zoning from AR-1 (Agricultural, Residential -1) to the PUD (Planned Unit Development) Zoning District and Preliminary/Final PUD Site Plan approval is being granted is described as follows: Parcel 1 Begin at a point on the West line of Government Lot Four (4), Section 25, Township 37 South, Range 40 East, that is 888.52 feet North of the Southwest corner of said Government Lot 4; thence run North 890 29' East, on a line parallel to the South line of said Government Lot 4, a distance of 1,578 feet, more or less, to the waters of the St. Lucie River; thence run Northwesterly meandering the waters, a distance of 800 feet, more or less, to the point of intersection with a line that is 1,242 feet South of and parallel to the North line of Government Lot 4; thence run South 89029' West along said line that is 1,242 feet South of the North line of Government Lot 4, a distance of 990.7 feet to the West line of said Government Lot 4; thence run South 00001' East along said West Line of Government Lot 4, a distance of 552.6 feet to the Point of Beginning. Parcel 2 Begin at a point on the West line of Government Lot 4, Section 25, Township 37 South, Range 40 East, St. Lucie County, Florida, that is 888.52 feet North of the Southwest corner of said Government Lot 4; thence run South 00°10'18" West along said West line, a distance of 50.00 feet to a point in the North line of the South 838.52 feet of said Government Lot 4; thence North 89047'48" East along said line, a distance of 50.00 feet; thence North 00010'18" East along a line that is 50.00 feet East of, and parallel with the West line of said Government Lot 4, a distance of 50.00 feet to a point in the North line of the South 888.52 feel of said Government Lot 4; thence South 89047'48" West along said line, a distance of 50.00 feet to the Point of Beginning. Parcel 3 A certain parcel in Government Lot 3, Section 25, Township 37 South, Range 40 East, St. Lucie County, Florida, being more particularly described as follows: commencing at the Southeast corner of said Government Lot 3, Section 25, Township 37 South, Range 40 East, run thence North 00011'45" East, along the East line of Government Lot 3, a distance of 838.54 feet to the Point of Beginning of the hereinabove described parcel; thence continue North 00011'45" East along the East line of Government Lot 3, a distance of 603.03 feet to the South line of the North 1242.00 feet of Government Lot 4, of Section 25, Township 37 October 23, 2012 Page 4 Resolution No. 12-120 File No.: PUD RZ 720124458 1 South, Range 40 East, St, Lucie County, Florida; thence South 62022'54" West, a 2 distance of 142.11 feet to a point in the proposed Easterly Right -of -Way line of 3 Gilson Road, said point being in the arc of a curve concave Westerly, having a 4 radius of 425.00 feet from which point the radius bears South 49°55'59" West; 5 thence Southerly along the arc of said curve subtending a central angle of 6 40°15'46", a distance of 298.65 feet to the end of said curve; thence South 7 00°11'45" West, continuing along said proposed East Right-of-way line, a 8 distance of 262.22 feet; thence North 89"46'54" East, a distance of 25.00 feet 9 more or less to the Point of Beginning. 10 Parcel 11 Being a parcel of land lying in Government Lots 3 and 4, Section 25, Township 12 37 South, Range 40 East, St. Lucie County, Florida and being more particularly 13 described as follows: 14 Commence at the Southwest corner of said Government Lot 4; thence N 15 00011'45" E, along the West line of said Government Lot 4, a distance of 888.52 16 feet; thence N 89039'31" E, along a line parallel with the North line of said 17 Government Lot 4, a distance of 50 feet to the Northeast corner of those lands as 18 described in O.R. Book 196, page 2272, Public Records of St. Lucie County, 19 Florida and the POINT OF BEGINNING. 20 Thence continue N 89039'31" E a distance of 1545 feet more or less to the mean 21 high water line of the St. Lucie River; thence meander said Mean High Water 22 line Southeasterly a distance of 463 feet more or less to the intersection with a 23 line 500.00 feet North of as measured at right angles and parallel with the South 24 line of said Government Lot 4; thence S 89°47'34" W, along lastly said line a 25 distance of 1931 feet more or less to the intersection of the proposed East 26 right-of-way line of Gilson Road, as relocated, said point of intersection being in 27 a curve concave to the Northeast having a radius of 435.00 feet the chord of 28 which bears N 09°33'50" W; thence Northwesterly, Northerly and Northeasterly 29 along the are of said curve and said proposed East right-of-way line a distance of 30 148.19 feet through a central angle of 19°31'09"; thence continue along said 31 proposed East right-of-way line, N 00011'45" E a distance of 184.69 feet; thence 32 S 89048'15" E a distance of 75.00 feet to the intersection with the East line of 33 those said lands as described in O.R. Book 196, Page 2272; thence N 34 00011'45" E along said East line a distance of 50.00 feet to the POINT OF 35 BEGINNING. 36 I Parcel October 23, 2012 Resolution No. 12-120 Page 6 File No.: PUD_RZ 720124458 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 Being a parcel of land lying in Government Lot 4, Section 25, Township 37 South, Range 40 East, St, Lucie County, Florida, and being more particularly described as follows: Commence at the Southwest corner of said Government Lot 4; thence N 89037'34" E, along the South line of Government Lot 4, a distance of 213.85 feet to the proposed East right-of-way line of Gilson Road, as relocated; thence N 22044'24" W, along said East right-of-way line a distance of 64.96 feet to the North line of Turnabout Lane, as recorded in O.R. Book 221, Page 327, public records of St Lucie County, Florida and the POINT OF BEGINNING of the following described parcel: Thence continue N 22044'24" W, along said East right-of-way, a distance of 459.81 feet to the beginning of a curve concave to the Northeast having a radius of 435.00 feet, the chord of which bears N 21029'23" W; thence Northwesterly along the are of said curve a distance of 16.44 feet through a central angle 02009'53" to the intersection with the North line of the South 500.00 feet of said Government Lot 4; thence N 89047'34" E, along said North line, a distance of 1939.70 feet more or less to the Mean High Water Line of the North Fork of the St. Lucie River; thence meander said Mean High Water Line Southeasterly a distance of 602 feet, more or less to the intersection with the South line of said Government Lot 4; thence S 89047'34" W a distance of 825 feet, more or less, to the Southeast corner of Turnabout Lane; thence N 00012'26" W a distance of 60.00 feet; thence S 89°47'34" W along said Turnabout Lane, a distance of 1241.65 feet to the POINT OF BEGINNING. Parcel ID Numbers: 4425-313-0030-000-9, 4425-341-0001-000-2, and 4425-343-0002-000-5 B. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Planned Unit Development Preliminary and Final Site Plan for the project known as Riverbend PUD is hereby approved as shown on the site plan drawings for the project prepared by Lucido and Associates dated September 14, 2012, and date stamped received by the St. Lucie County Planning & Development Services Department on October 30, 2012, subject to the following conditions: 1. Prior to issuance of a Vegetation Removal Permit or Exemption, a gopher tortoise survey per Florida Fish and Wildlife Conservation Commission protocol, shall be provided to the Environmental Resources Department. Should the survey show impacts to gopher tortoises a Florida Fish and Wildlife Conservation Commission permit shall be required. October 23, 2012 Page 6 Resolution No. 12-120 File No.: PUD RZ 720124468 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 2. The County's issuance of development approval does not constitute compliance with any federal and state requirements. Applicable, federal and state permits/approvals are required prior to the commencement of any development activity (i.e. clearing, grading, removing structures, etc.). The responsibility for contacting federal and state agencies, procuring permits/approvals and compliance with applicable laws are the sole responsibility of the applicant. 3. Per Florida Statute 125.022, the issuance of development approval does not create any liability on the part of the county if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 4. Copies of all applicable state or federal permits/written approvals are required by the County prior to issuance of a Vegetation Removal Permit and any development activity. 5. Within 90 days of site plan approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required executed St. Lucie County conservation easement and the Environmental Resources Department -approved Preserve Area Monitoring and Management Plan (PAMP) 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 ERD website at: http://www.stiucieco.gov/pdfs/Conservation Easement Form.pdf. 6. Prior to issuance of a Vegetation Removal Permit or Exemption for any portion of the site, the developers, their successor or assigns, shall conduct a pre - construction meeting with construction personnel addressing required tree protection measures. 7. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an Improvement Agreement acceptable to Environmental Resources Department covering the cost of all required landscaping, irrigation, tree mitigation, tree relocation, and related improvements shown in the site plan. A copy of this agreement can be obtained by visiting the SLC Environmental Resources Department website at: http://www.stlucieco.org/Environmental Resources Department/index.htm. 8. Pursuant to Chapter 11.04 of the St. Lucie County Land Development Code, the applicant shall either construct or bond all required improvements prior to recordation of the final plat. If the applicant chooses to bond the required improvements, a Subdivision Improvement Agreement shall be required. The final plat shall not be recorded until the County Administrator or designee approves and signs the Subdivision Improvement Agreement. October 23, 2012 Page 7 Resolution No. 12-120 File No.: PUD RZ 720124458 1 9. The applicant shall execute an agreement to pay a fee -in -lieu of construction for 2 sidewalks adjacent to Gilson Road in the amount of $26,819.20 and remit to the 3 County the required funds within 60 days after receiving site plan approval. The 4 acceptable method of payment shall be a certified check payable to St. Lucie 5 County. The requirement for construction, or payment of a fee -in -lieu of 6 construction, of a sidewalk along Turnabout Lane is waived and the applicant 7 shall have no obligation for same. 8 9 10. Prior to the recording of the final plat, the County Surveyor shall verify that all 10 required survey markers have been placed in accordance with the requirements 11 of Chapter 177, FS, Part I and the St. Lucie County Land Development Code. 12 The applicant's surveyor shall notify the County Surveyor when all required 13 survey markers have been set and flagged. 14 15 11. Prior to the issuance of the first certificate of occupancy for a model home, the 16 temporary parking lot adjacent to Wheaton Lane shall be constructed with a 17 certificate of completion issued by the County's Building Department in 18 accordance with the approved site plan. 19 20 12.Prior to the issuance of the first certificate of occupancy for a single family 21 residence (not including model homes) the following list of amenities shall be 22 constructed with a certificate of occupancy or completion issued by the County's 23 Building Department in accordance with the approved site plan: 24 25 a. Guard house adjacent to Gilson Road. 26 b. Perimeter wall and fence adjacent to Gilson Road. 27 c. Monument sign adjacent to Gilson Road. 28 d. Community park improvements, including landscaping. 29 30 C. The approvals and authorizations granted by this Resolution for the purposes of 31 obtaining a building permit shall expire on October 23, 2014 unless an extension is 32 granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land 33 Development Code, or a Major Adjustment to the Final PUD Site Plan is granted. 34 35 D. Any modification to the approved PUD Preliminary and Final Site Plan legally 36 described in Part A shall be in accordance with Section 11.02.05, St. Lucie County 37 Land Development Code. Any adjustment that is considered a Major Adjustment 38 shall be granted only with approval by the Board of County Commissioners after a 39 public hearing. 40 41 E. All applicable state of federal permits including but not limited to the United States' 42 Army Corps of Engineers, the Florida Department of Environmental Protection, Port' 43 St. Lucie Utilities and the South Florida Water Management District, must be 44 obtained prior to the commencement of development activities on the property', 45 described in Part A, and the Preliminary and Final Planned Unit Development Site October 23, 2012 Resolution No. 12-120 Page 8 File No.: PUD_RZ 720124458 3 4 5 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 Plan approvals granted under this Resolution do not create any right for the petitioner, Stuart Property Holdings, Ltd., nor its successors or assigns in interest, to obtain any applicable permits from any state of federal agencies. F. The conditions set forth in Part B are an integral non -severable part of the site plan approval granted by this Resolution. If any condition set forth in Part B is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. G. A Certificate of Capacity, a copy of which is attached hereto as Exhibit B and made a part hereof the Resolution, was granted by the Planning & Development Services Department Director on October 23, 2012. H. The St. Lucie County Director of Planning & Development Services shall be authorized to amend the Official Zoning Map to change the zoning of the parcels herein described, from the AR-1 (Agricultural, Residential — 1) Zoning District to the PUD (Planned Unit Development) Zoning District, and to make notation of the reference to the date of adoption of this resolution. I. A recorded copy of this Resolution shall be attached to the site plan drawings described in Part B, which plan shall be placed on file with the St. Lucie County Planning & Development Services Department Director. October 23, 2012 Page 9 Resolution No. 12-120 File No.; PUD RZ 720124458 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 J. ADOPTION After motion and second, the vote on this resolution was as follows: Chris Dzadovsky, Chairman AYE Tod Mowery, Vice -Chairman AYE Paula Lewis, Commissioner AYE Chris Craft, Commissioner AYE Frannie Hutchinson, Commissioner AYE PASSED AND DULY ADOPTED this 23rd day of October, 2012. ATTEST: C October 23, 2012 Page 10 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS: Resolution No. 12-120 File No.: PUD RZ 720124458 1 2 .3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 LOCATION MAP Riverbend PUD-RZ-720124458 N North Fork St. Lucie River . . . . . . . . . . Turna 3 E cn 0 Becker Rd October 23, 2012 Page 11 Resolution No. 12-120 File No.: PUD—RZ 720124458 Date: EXHIBIT II " 2300 Virginia Avenue CERTIFICATE OF CAPACITY Fi(772)-462-2 2262 Certificate No. document certifies that concurrency will be met and that adequate public facility capacity exists to maintain standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development W. Number of units Number of square feet 2. Property leual description & Tax ID no. 3. Approval: Building Permit Resolution No. 4. Subject to the following conditions for concurrency: Letter Owner's �a Address 6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the Development Order. Section 5.08.04(B), St. Lucie County Land Development Code. This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed kfM\( SA`rr(UY ,E:E Date: 1p�23/Z(J/2— St Lucie County, Florida �.1 _ 1 ' �'I Rt%r'Mt —Signe Date: ' `Oi 2 3/Z 0Z Concurrency Review by: Page 1 of 1 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTEDBY(DEPT): County Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: [ ] APPROVED [ j DENIED [ ] OTHER: ITEM NO. VI-B.2 DATE: February 5, 2013 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Katherine Barbieri Assistant County Attorney Second Amendment to Road Improvement Agreement with KB Home Treasure Coast LLC for Neill Farms Development See attached memorandum Staff recommendsthat the Board approve the Second Amendment and authorize the Chairman to sign the Amendment. CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals County Attorney: ok Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. County Surveyor: f� County Eng.: Ron Harris Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO.: 13-0056 DATE: January 15, 2013 SUBJECT: Second Amendment to Road Improvement Agreement with KB Home Treasure Coast LLC for Neill Farms Development s++++ssrsssrsssssrsrsss+s+ss+srsssr+rs+srs+s++sssss+++sssss+++++s+s+++++rrrrr+++rs BACKGROUND: The Neill Farms Development was approved by the City of Fort Pierce on November 7, 2005. As a condition of approval, the Developer was required to construct off -site improvements within the County -owned Jenkins Road right-of-way. On May 23, 2006, KB Home Treasure Coast, LLC ("Developer") entered into a Road Improvement Agreement for off -site improvements to Jenkins Road and other Improvements. On May 23, 2006, a First Amendment was entered into wherein the Developer agreed to complete the Jenkins Road improvements within nine months of the date of the Amendment. The Developer no longer owns the real property that was to benefit from the Jenkins Road improvements. The Development's site plan approval has expired. The Parties agree that there is no need to complete the Jenkins Road improvements as originally proposed because the development that the Jenkins Road improvements supported no longer exists. The parties agree that the partial improvements to Jenkins Road need to be removed and Jenkins Road returned to the condition that existed prior to the improvements authorized by the Agreement. Attached to this memorandum is a proposed Second Amendment which provides for the above. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Second Amendment and authorize the Chairman to sign the Amendment. Respectfully submitted, 1�r� Katherine Barbieri Assistant County Attorney KB/caf SECOND AMENDMENT TO MAY 23, 2006 ROAD IMPROVEMENT AGREEMENT C06-05-270 THIS SECOND AMENDMENT TO ROAD IMPROVEMENT AGREEMENT ("Second Amendment') is entered into this day of 2013, by and between KB HOME TREASURE COAST, LLC (`Developer") and ST. LUCIE COUNTY, a political subdivision of the State of Florida (`County'). WITNESSETH: WHEREAS, the Developer entered into a Road Improvement Agreement (`Agreement') with the County on May 23, 2006 for, among other improvements, off -site improvements to Jenkins Road; and WHEREAS, the Developer and the County entered into the First Amendment to May 23, 2006 Road Improvement Agreement ('First Amendment') on January 5, 2010; and WHEREAS, in the First Amendment the Developer agreed to complete the Jenkins Road improvements within nine months of the date of the First Amendment; and WHEREAS, the Developer no longer owns the real property that was to benefit from the Jenkins Road improvements; and WHEREAS, the real property that was to benefit from the Jenkins road improvements no longer has valid development approvals and is considered undeveloped land; and WHEREAS, the parties agree that there is no need to complete the Jenkins Road improvements as original proposed because the development that the Jenkins Road improvements supported no longer exists; and WHEREAS, the parties agree that the partial improvements to Jenkins Road need to be removed and Jenkins Road returned to the condition that existed prior to the improvements authorized by the Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Developer and County agree as follows: 1. The Developer agrees to reconstruct Jenkins Road in accordance with the approved plans attached hereto as Exhibit "A" ('Improvements"). All other improvements required by the Agreement are deemed by the parties to be satisfied and accepted by the County. Page 1 of 3 Second Amendment to RIA January 2013 2. The Developer shall complete the Jenkins Road reconstruction within six (6) months of the date of this Second Amendment. 3. The Developer agrees to provide the County with security in a form acceptable to the County Attorney in the amount of Ninety One Thousand Nine Hundred Eleven and 93/100 Dollars ($91,911.93) representing 115% of the estimated cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer. This amount includes the fifteen percent (15%) to be retained for a period of one (1) year and thirty (30) days from the date the improvements are conditionally accepted by the St. Lucie County Board of County Commissioners to provide for maintenance of the Improvements and to indemnify and the County harmless from any and all costs necessary to repair and replace any part or portion of the Improvements occasioned by faulty engineering. workmanship or materials. The previously supplied security represented by Bond No. 64445810000 shall be released upon the County's receipt of the bond in the amount set forth herein. 4. The First Amendment is superseded in its entirety by this Second Amendment. 5. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed these presents on the date indicated below. The date of this Second Amendment shall be the date on which this Second Amendment is approved by the Board of County Commissioners. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2 of 3 Second Amendment to RIA January 2013 WITNESSES: KB HOME TREASURE COAST, LLC (PRINT NAME AND TITLE) Page 3 of 3 Second Amendment to RIA January 2013 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Amendment to Revocable License Agreement Justin and Veronique Campbell 172 NE Jardain Road River Park BACKGROUND: See an attached Memorandum FUNDSAVAILABLE: N/A ITEM NO. VI-B.3 DATE: February 5, 2013 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: JoAnn Riley Property Acquisition Manager PREVIOUS ACTION: September 18, 2012 - Board of County Commissioners approved a Revocable License Agreement. RECOMMENDATION: Staff recommends that the Board approve the Amendment to the Revocable License Agreement dated September 18, 2012, authorize the Chairman to sign the Amendment to the Revocable License Agreement and record the Amendment in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: []APPROVED [ ] DENIED [ ] OTHER [XI County Attorney: A Daniel McIntyre [x] Originating Dept: -rMI- JoAnn Riley Faye W. Outlaw, MPA County Administrator Reviews and Approvals: [ ] Road and Bridge: N] Public Works: W Don Pauley Don est [x] Engineerin Mi a Pow y PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: February 5, 2013 SUBJECT: Amendment to Revocable License Agreement Justin and Veronique Campbell 172 NE Jardain Road River Park BACKGROUND: The Board of County Commissioners approved a Revocable License Agreement on September 18, 2012 granting Mr. & Mrs. Campbell to encroach in the County's 6-ft. and 10-ft. drainage/utility easements on their property. Mr. & Mrs. Campbell asked permission to encroach into the drainage/utility easements to install a 6-ft, wood fence around their property. The Revocable License Agreement dated September 18, 2012, stated that they would install a 6-ft. wood fence within the drainage/utility easements. The Campbell's are requesting an Amendment to the Revocable License Agreement be granted stating that a 4-ft. chain link fence be installed. Staff has reviewed their request and has no problem with the change in wording, by issuing an Amendment to the Revocable License Agreement, dated September 18, 2012, RECOMMENDATION: Staff recommends that the Board approve the Amendment to the Revocable License Agreement dated September 18, 2012, authorize the Chairman to sign the Amendment to the Revocable License Agreement and record the Amendment in the Public Records of St. Lucie County, Florida. Respectfully ecsubmitted, V�u�-Pj o nn Riley Property Acquisition Manager N ,qr.4ucllo e' �7 CAMPBELL PROPERTY S a 259 258 j ? �I 1 259 13 258 6 II ' l ) 10 265 a 142 25911 7 148 12 253 6 253 0 252 25312 11(' 247 11 252' 7 w 8246 to 247 9 246 $ n 241 18 240 m p LLI z 241 240 10 9 247 5 241 I 4 1 229 235 3 156 162 14 168 ' �) F uj223 154 23517 234 155 19 22916 228 161 18 22315 222 j II �� 167 113 14 13216 21 zo J9 18 161 17 167 17 102 71O - r1c 126 142 158 1fib 172 186 22 21 20 19 13 17 16 15 103 113 121 129 137 145 153 161 14 211 12 7UNISDN AVE 175 183 13 102 1 110 122 134 4 156 5 168 6 180 7 192 s 1 17 16 15 14 13 12 11 10 177 111 119 127 135 143 151 159 LOBSTBR RD 102 6108 116 124 132 s 140 10 148 156 c 9 20s 75 200 16 180 15 172 /164 0 0,0050.01 0.02 0.03 0.04 Mlles AMENDMENT TO REVOCABLE LICENSE AGREEMENT BETWEEN ST. LUCIE COUNTY AND JUSTIN CAMPBELL AND VERONIQUE CAMPBELL THIS AMENDMENT made and entered into on this _ day of 2013, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and JUSTIN and VERONIQUE CAMPBELL whose address is 172 NE Jardain Road, Port St. Lucie, Florida 34983, hereinafter referred to as "Owners". WITNESSETH: WHEREAS, on September 18, 2012, the parties entered into a Revocable License Agreement permitting the Owners to use the County's 6-ft. and 10-ft. drainage/utility easement, on their property, to install a 6-ft. wood fence. WHEREAS, the parties desire to amend the September 18, 2012 Revocable License Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained the parties agree the September 18, 2012 Revocable License Agreement shall be amended as follows: 1. The 6-ft. wood fence that was requested in the Revocable License Agreement dated September 18, 2012 and recorded in Official Record Book 3434, Page 762-767, St. Lucie County, Florida will now read a 4-ft. chain link fence in the County's drainage/utility easement. 2. All other terms and conditions of the Revocable License Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment to the Revocable License Agreement on the day of 2013. ATTEST: BY: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney 1 WITNESSES: r U„ dit Name) STATE OF FLORIDA COUNTY OF S{- LVC�z The foregoing instrument was acknowledged before me this 12,JJ day of 2013, by JUSTIN AND VERONIQUE CAMPBELL who produced cr ✓ e (t a of identification) or is personally known to me and who did take an oath. WITNESS my hand and official seal, this .2a,4d day of J a,,tL O 2013. +�5fy(�, JOANN MARIE RILEY =:i „4 Commission # EE 848774 i Expires December 4, 2016 S MM noTaryFab lwxarm000 4019 My Commission Expires: 4l�" v., 11' aAA. -t- ztm Si nature of Notary Public This instrument prepared by: Janet LlCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3749472 09,11,2012 a11141 .AM OR BOOK 3434 PAGE 762 -767 Doc Type: AGR RECORDING: $5? 50 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of0 2012, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and JUSTIN M. CAMPBELL and VERONIQUE CAMPBELL whose address is 172 NE Jardain Road, Port St. Lucie, FL 34983 (the "Owner"). WHEREAS, the Owner owns the property described as follows: Lot 10, Block 77, River park Unit 9 Part B, according to the Plat thereof, as recorded in Plat Book 14, Page 47, of the Public Records of St. Lucie County, Florida WHEREAS, the Owners have requested a Revocable License Agreement for a 6-foot high wood privacy fence surrounding their property. There is drainage & utility easement that runs along the rear and sides of the property. Exhibit A. WHEREAS, the County is willing to permit the Owners to encroach in the rear 10-foot drainage/utility easement and the 6-foot side drainage/utility easement for the purpose of installing a fence subject to the terms and conditions set forth in this Revocable License Agreement. WHEREAS, the subject property Iles within the City of Port St Lucie's Utility Service Area ("CITY"); WHEREAS, CITY grants the same permission and authority as granted by the COUNTY in this agreement so long as OWNER grants the CITY the same rights regarding removal and/or revocation of the authority granted to the COUNTY to build on a drainage and/or utility easement which is dedicated to the public. Additionally, upon the CITY, its agent, employee or designee's request, Owner agrees that if the CITY has requested removal or relocation of any encroachments and Owner has failed to comply, CITY will move the encroachments and demand repayment in full from the Owner. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owners a Revocable License Agreement for the 6-foot high wood privacy fence which will encroach in the County's 10-foot rear drainage/utility easement and the 6-foot side drainage/utility easement. This Revocable License shall extend only to the referenced 6-foot high wood fence and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owners permission to install and maintain the fence in the County's drainage/utility easement. The Owners agree that if the County Engineer and/or Utilities Department determine the fence is causing problems or the fence needs to be removed or relocated the Owners will do so at the Owners' sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owners to install the 6-foot wood fence in the County's drainage/utility easement. 4. The Owners shall maintain the easement along their fence in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. The fence shall not interfere with the use of the easement and any damage to the easement shall be repaired by Owners. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owners, provided that Owners give 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 and/or Utilities Department, to terminate this Agreement with or without cause and require removal of the encroachments at the Owner's sole expense upon ninety (90) days written notice to the Owners. The County Engineer or Utilities Department may, in lieu of termination, request that the Owners perform certain alterations to the fence or the location of the fence, at the Owners' sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Utilities Department, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the fence, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owners shall be responsible for the removal of the fence and repair of the easement, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owners agree to relocate the referenced fence, at any time and at no cost to the County, if necessary for the maintenance or improvements of easement by the County or Utilities Department, 10. The fence shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owners. Any maintenance or relocation activity will be subject to the written approval of the County Engineer and/or Utilities Department. 11. The Owners agrees to allow County employees access to the location of the fence for County purposes as determined by the County Engineer and/or Utilities Department. 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: Justin and Veronique Campbell 172 NEJardain Road Port St. Lucie, FL 34983 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. written. C IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: HAIRM D AS TO FORM AND :)9R IXITI ESS: L ' ness itn'e/ss l ess i Witness J STATE OF FLORIDA COUNTY OF ST. LUCIE JLgTIN M. CAMPBELL VEROMdUE CAMPBELL The foregoing instrument was acknowledged before me this 3t'+L day of AtAwj+ 2012, by Justin M. Campbell and Veronioue Campbell who produced lU���J- ��t+�e. (type of�t!on) and who did take an oath. WITNESS my hand and official seal, this 3 ", day of ii « + , 2012. My commission expires: ignpture of Notary Public 1 O-pocstf �ccie I( on r tcXt s r"J '�ODt 9c1t2 � on l'f stdel (when looking atfi t $l house> J Boundary Sur :y Notes Aff Bearings h Distances Are As Per Plat Unless Noted Otherwise. 0 � A a W O O � '� O u N830"E a` 0 N 'Pr V Point of curvature Point o/ Tongeney o Cy - �y 10. �O Ir Jde' J. ryg ♦ . .;o Mo yEy b ry69 Via. 'I, 1 h^ R.�'n f\0 \ r 10 ... RIVER PARK -UNIT 9, PART A 4P' —PALT B" 14, PAGE 31 V"y 4+ h l 9hieol I's *'*, where nevv -Fence vJ0U l0( go � Block 77 ADDRESS: 172 NE Jardain Road Port St. LEGAL DESCRIPTION: CONTRACTOR COPY Lot 10, Block 77, RIVER PARK -UNIT 9, PART 'B', according to the Plot thereof, as recorded in Plot Book 14, Pages 47 and 47A of the Public Records of St. Lucie County, Florida. CERTIFIED T0:Will '.?E7BAGKHEGI,�' JUS77N M. CAMPBELL; -:fit . r BANKATLANTIC, ITS SUCCESSORS AND/OR ASSIGNS, AAMA, r' ' " FIDELITY NATIONAL TITLE INSURANCE COMPANY Sittrb t Nki $10 bl - = Found Nail In Concrete Driveway �iE.il'A ' 0 = Found 1/2` Iron Pipe (No Cap 2Nti. EXHIBIT AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBM17TEDBY(DEPT): County Attorney ITEM NO. VI-84 DATE: February 5, 2013 REGULAR[ ] PUBLIC HEARING [ j CONSENT[x] PRESENTED BY: Katherine Barbieri Assistant County Attorney SUBJECT: Permission to Advertise - Ordinance No. 13-012 - Establishing procedures for processing requests for reasonable accommodation pursuant to Title 11 of the Americans with Disabilities Act and the Fair Housing Act from the County's unified Land Development Code. BACKGROUND: [) APPROVED [ ] DENIED [ j OTHER: See attached memorandum No. 13-0079 Staff recommends that the Board grant permission to advertise Ordinance No. 13-012 for a public hearing before the Planning & Zoning Commission and the Board of County Commissioners. CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM /Q[, Review and Approvals [Xl County Attorney: V Planning & Development Services Director Daniel S. McIntyre Mark Satterlee INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 13-0079 DATE: February 5, 2013 SUBJECT: Permission to Advertise - Ordinance No.13-012 - Establishing procedures for processing requests for reasonable accommodation pursuant to Title II of the Americans with Disabilities Act and the Fair Housing Act from the County's unified Land Development Code. Attached is an Ordinance adopting Reasonable Accommodation procedures for St. Lucie County to consider requests for reasonable accommodations under Title 11 of the Americans with Disabilities Act and the Fair Housing Act. Federal law requires local governments to have a formal procedure in place for individuals with disabilities. This ordinance will ensure the County is compliant with federal law. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No.13-012 for a public hearing before the Planning & Zoning Commission and the Board of County Commissioners. Respectfully submitted, rz KB/cb KatherineBa&eri Encl. Assistant County Attorney PkM H D&.kAI ,M�6O,dAM22.wPd ORDINANCE NO.13.012 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENTCODE BY CREATING SECTION 7.10.30 REASONABLE ACCOMMODATION PROCEDURES PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT AND THE FAIR HOUSING ACT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 1,1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-003 March 14, 1991 91-009 May 14, 1991 91-021 November 7, 1991 92-017 June 2, 1992 93-001 February 16, 1993 93-003 February 16,1993 93.005 May 25, 1993 93-006 May 25, 1993 93-007 May 25, 1993 94-007 June 22, 1994 94-018 August 16, 1994 94-021 August 16, 1994 95-001 January 10, 1995 96-010 August 6, 1996 97-001 March 4, 1997 97-009 October 7, 1997 97-003 September 2, 1997 99-001 February 2, 1999 99-002 April 6, 1999 99-003 August 17, 1999 99-004 August 17, 1999 9-005 July 20, 1999 99-005 July 20, 1999 99-015 July 02, 1999 99-016 September 7, 1999 99-017 September 7, 1999 99-018 November 2, 1999 00-010 June 13, 2000 00-011 June 13, 2000 00-012 June 13, 2000 00-013 June 13, 2000 01-003 December 18, 2001 02-005 June 24, 2002 02.009 March 5, 2002 02-020 October 15, 2002 02-029 October 15, 2002 03-005 October 7, 2003 04-002 January 20, 2004 04-007 April 20, 2004 04-033 December 7, 2005 05-001 March 15, 2005 05-003 August 2, 2005 05-004 August 2, 2005 05-007 January 18, 2005 05-013 November 8, 2005 05-016 August 16, 2005 Stuck t' mangh passages are deleted. '1- Underlined passages are added. 05-023 September20,2005 06-005 April 18,2006 06-013 June 6, 2006 06-022 July 18, 2006 06-017 May 30, 2006 06-018 May 30, 2006 06-030 September 12, 2006 06-047 December 5, 2006 07-011 February 6, 2007 07-015 May 1, 2007 07-018 December 18, 2007 07-032 November 6, 2007 07-041 September 4, 2007 08-004 March 11, 2008 08-008 June 17, 2008 08-012 September 12, 2008 08-025 September 14, 2008 09-003 January 20, 2009 09-007 September 1, 2009 09-012 May 19, 2009 09.013 May 5, 2009 09-025 October 6, 2009 10-003 February 2, 2010 10-026 September 7, 2010 10-034 November 9, 2010 10-036 December 21, 2010 11-005 February 1, 2011 11-012 August 2, 2011 11-015 April 19, 2011 11-017 June 21, 2011 11-021 August 2, 2011 11-031 December 20, 2011 12-002 March 20, 2012 12-003 May 15, 2012 12-004 February 7, 2012 12-008 March 20, 2012 12-009 April 17, 2012 12.010 February 14, 2012 12-013 December 4, 2012 12-014 October 2, 2012 3. On , the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. On . the Local Planning Agency/Planning and Zoning Commission voted to recommend that the Board of County Commissioners approve the proposed ordinance. 4. On this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on 5. "Reasonable Accommodation" is a statutorily established method by which an individual who is disabled and/or handicapped (as those terms are defined in Title II of the Americans with Disabilities Act and/or the Fair Housing Amendments Act, hereafter "disabled"), or a provider of services to the disabled qualifying for reasonable accommodations underthe referred statutes, can request a modification or alteration in the application of a specific Code provision, rule, policy, or practice, to them. 6. The proposed accommodation sought by the disabled individual must be reasonable and necessary to afford such person an equal opportunity to use and enjoy housing. 7. The County does not have reasonable accommodation procedures which have been codified within the County's Land Development Code, but the County has received one request for a reasonable accommodation. 8. The County intends to considerthe pending reasonable accommodation requestunderthe guidelines contained herein and the adoption of this Ordinance shall apply retroactively to the pending Straekti ough passages are deleted. -2- Underlined passages are added. request for a reasonable accommodation. 9. The County hereby desires to adopt within the County's Land Development Code, reasonable accommodation procedures that will permit disabled individuals (or qualifying entities) to request reasonable accommodations and, where appropriate, based on the facts and law, to receive reasonable accommodations. 10. The County intends these reasonable accommodation procedures to be applicable to the County's ordinances, rules, policies, practices and services so as to afford a disabled person the opportunity to use and enjoy a dwelling, including, without limitation, the regulations pertaining to the definition of "family" contained in the St. Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: Section 7.10.30 REASONABLE ACCOMMODATION PROCEDURES 1. This section implements the oolicv of St. Lucie County for processing of requests for reasonable accommodation to its ordinances rules policies and procedures for persons with disabilities as provided by the Federal Fair Housing Amendments Act (42 U.S.C. 3601 et Sea.) MAI and Title II of the Americans with Disabilities Act (42U.SC Section12131 et Seq)("ADA")Fortmrposesofthis section, a "disabled" individual or person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the County's land use or zoning laws rules policies practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section Z. A reguest by an Applicant for reasonable accommodation underthis section shall be made in writing by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to) the Planning and Development Services (PD&S) Department The reasonable accommodation request form shall be substantially in the form set forth in Section 10 below, 3. Should the information provided by the disabled individual to the County include medical information or records, including records indicating the medical condition diagnosis or medical history of the disabled individual, such individual may, at the time of submitting such medical information request that the County, to the extent allowed by law, treat such medical information as confidential Information of the disabled individual. The County shall thereafter endeavor to provide written notice to the disabled individual, and/ortheir representative, of any request received by the County for disclosure of the medical information or documentation. which the disabled Individual has previously requested be treated as confidential by the County. The County will cooperate with the disabled individual to the extent allowed by law, in actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the County shall have no obligation to initiate prosecute or oursue any such action or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal Sleek Mrcu. h passages are deleted. -3- Underined passages are added. resources) in connection therewith. and may comply with any judicial order without orior notice to the disabled individual. 4. The County Administrator, or his/her designee shall have the authoritvto considerand act on requests for reasonable accommodation after notice and a hearing to receive any additional information from the arml !cant. When a reasonable accommodation request form has been completed and submitted to the PD&SDirector, itwill bereferred tothe County Administrator, or designee for review and consideration. The County Administrator, or designee shall issue a written determination within forty-five (45) days of the date of receipt of a completed application and may, in accordance with federal law, (1) grant the accommodation reauest (2) grant a portion of the request and deny a portion of the request and/or impose conditions upon thegrantofthe request, or(3)deny the request, in accordance with federal law. Any such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the requesting oartv (i.e., the disabled individual or his/her reoresentativel by certified mail return receipt requested If reasonably necessary to reach a determination on the reauest for reasonable accommodation the County Administrator, or designee, may, prior to the end of said forty-five (45) day period reauest additional information from the requesting party specifying in sufficient detail what information is required The reauesting oartv shall have fifteen (151 days after the date of the reauest for additional information to provide the requested information In the event a reauestforadditionalinformation ismade, the forty-five (45) day period to issue a written determination shall no longer be applicable and the County Administrator, or designee. shall Issue a written determination with thirty (30) days after receipt of the additional information If the requesting oartv fails to provide the requested additional information within said fifteen (15) day veriod. the County Administrator, ordesignee shall issue a written notice advising that the requesting party had failed to timely submit the additional information and therefore the request for reasonable accommodation shall be deemed abandoned and/or withdrawn and no further action by the County with regard to said reasonable accommodation reauest shall be required 5. In determining whetherthe reasonable accommodation reauest shall be granted ordenied the requesting oartv shall be required to establish that they are protected under the FHA and/or ADA by demonstrating that they are handicapped or disabled, as defined in the FHA and/or ADA Although the definition of disability is subject to judicial interpretation for purposes of this ordinance the disabled individual must show: (i) a physical or mental impairment which substantially limits one or more major life activities: fill a record of having such impairment: or NO that they are regarded as having such impairment Next the reauesting party will have to demonstrate that the proposed accommodations being sought are reasonable and necessary to afford handicapped/disabled Persons equal opportunity to use and eniov housing. The foregoing (as interpreted by the Courts) shall be the basis for a decision upon a reasonable accommodation reauest made by the County Administrator, or designee or by the Board of County Commissioners in the event of an appeal. 6. Within thirty (30) days after the County Administrator's or designee's determination on a reasonable accommodation reauest Is mailed to the requesting oartv such applicant may appeal the decision. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal Appeals shall be to the Board of County Commissioners who shall after public notice and a public hearing render a determination as soon as reasonably practicable but in no event later than sixty (60) days after an appeal has been filed. Shadethreugh passages are deleted. -4- Underlined passages are added. 7. There shall be no fee imposed by the County in connection with a request for reasonable accommodation under this section or an appeal of determination on such reauest to the Board of county Commissioners, and the County shall have no obligation to pay a requesting party's (or an appealing party's as apolicable) attorneys' fees or costs in connection with the reauest or an appeal i. While an application for reasonable accommodation, orappeaIofadetermination ofsame, is pending before the County, the County will not enforce the subiectzoning ordinance, rules policies and procedures against the Applicant. I The following general provisions shall be applicable: Ua The County shall display a notice on the County's webpage (and shall maintain copies available for review inP&Z.the Build ine/PermittingDivision, and the City Clerk's Office) advising the public disabled individuals (and qualifying entities) may reauest reasonable accommodation as Provided herein. (1 A disabled individual may apply for a reasonable accommodation on his/her own behalf or may be represented at all stages of the reasonable accommodation process by a person designated by the disabled individual. Uc The County shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's reauest for reasonable accommodation including without limitation assistance with reading application questions responding to questions completing the form filing an appeal and appearing at a hearing etc to ensure the Process is accessible 10. Reasonable Accommodation Request Form: 1. Name of Applicant: Telephone Number: 2. Address: 3. Address of housing or other location at which accommodation is reauested• 4. Describe qualifying disability or handicap: 5. Describe the accommodation and the specific regulation(s) and/or Procedure(s) from which accommodation is sought: 6. Reasons the reasonable accommodation may be necessary for the individual with disabillties to use and enioy the housing or other service: St aek t! ou.1 passages are deleted. -5- Underlined passages are added. 7. Name, address and teleohone number of representative if applicable: 8. Other information: 9. Signature of disabled individual orrertresentative ifaoolicable oraualifvin¢entity Date: PART B. CONFLICTING PROVISION. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART D. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART 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. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: SVuekN call passages are deleted. -6- Underlined passages are added. Chairman Tod Mowery XXX Vice Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Kim Johnson XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C through J shall not be codified. PASSED AND DULY ADOPTED this _ day of ATTEST: 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney SsrtKkeheetrgh passages are deleted. '7- Underlined passages are added. ITEM NO. VI-Cl DATE: 02/05/13 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton DeWitt SUBMITTED BY: Planning and Development Services Senior Planner Department - Planning Division SUBJECT: Annual update to the Comprehensive Plan Capital Improvements Element (CIE) for FY 2012/13 — FY 2016/17 — Permission to Advertise BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization to advertise proposed Ordinance 13-009 updating the Capital Improvements Element for FY 2012/13 — FY 2016/17 on February 19, 2013, COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM COO R DI NATI O N/SIGNATURES County Attorney (X) County Surveyor ( ) Daniel S. McIntyre Ron Harris County Engineer ( ) ERD ( ) Michael Powley Karen Smith Originating Dept. (X) OMB (X ) ag Mark Satterlee M ne Gouin Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning and Development Services Director -61-~ FROM: Britton Wilson, Senior Planner DATE: February 5, 2013 SUBJECT: Annual update to the Comprehensive Plan Capital Improvements Element (CIE) for FY 2012/13 — FY 2016/17 — Permission to Advertise. ITEM No. VI-Cl Background: In 1990, the Board of County Commissioners enacted Ordinance No. 90-01, adopting the St. Lucie County Comprehensive Plan, including the Capital Improvements Element (CIE). Chapter 163.3177(3)(a)(6)(b)1, F.S. requires an annual update to the Capital Improvements Element. The procedure for updating the CIE is through a Comprehensive Plan text amendment that requires only one adoption public hearing by the Board of County Commissioners. Recent amendments to the Growth Management Act did not change the requirement for local governments to annually update their CIE. Previous Action: December 14, 2010 — BOCC adopted Ordinance No. 10-040 amending the Comprehensive Plan Capital Improvements Element for FY 2010/11 — FY 2014/15 in consideration of the annual update requirement. December 6, 2011 — BOCC adopted Ordinance No. 11-036 amending the Comprehensive Plan Capital Improvements Element for FY 2011-12 — FY 2015-16 in consideration of the annual update requirement. Recommendation: Board authorization to advertise proposed Ordinance 13-009 updating the Capital Improvements Element for FY 2012/13 — FY 2016/17 on February 19, 2013. AGENDA REQUEST ITEM NO. VI-C2 DATE: 02/05/13 7X03i1A"Z PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton Wilson SUBMITTED BY: Planning and Development Services Senior Plann7W Department - Planning Division SUBJECT: Concurrence on the 2010 FHWA Adjusted Urban Boundary Designation as presented by FDOT. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization for the Chairman to sign the attached letter to FDOT concurring with the 2010 draft FHWA Adjusted Urban Boundaries map. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED COO RDI NATION/SIG NATURES CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM County Attorney (X) 4 County Surveyor ( ) Daniel S. McIntyre Ron Harris County Engineer (X) MVP ERD ( ) Michael Powley Karen Smith Originating Dept. ( X) OMB ( ) Mark Satterlee Marie Gouin Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning and Development Services Director FROM: Britton Wilson, Senior Planner DATE: February 5, 2013 SUBJECT: Concurrence on the 2010 FHWA Adjusted Urban Boundary Designation as presented by FDOT. BACKGROUND The Florida Department of Transportation (FDOT) has initiated the decennial review of the Federal Highway Administration (FHWA) 2010 Urban Boundary and Federal Functional Classification of roads. The St. Lucie Transportation Planning Organization (TPO) is coordinating this effort among FDOT and jurisdictions in the TPO Planning area. The FDOT seeks the concurrence of the jurisdictions with changes made to the map since the 2000 Census. The new Urban Boundary is based upon the 2010 Census and is a federal designation related to highway funding and transit programs. The federal boundary has no relation to or bearing upon that St. Lucie County Urban Services Boundary (USB). The FHWA uses the boundary to determine how federal highway dollars are expended in rural areas. Federal expenditures outside the Urban Boundary are limited to roads classified as major collectors, arterials and expressways. The FDOT also uses the map to determine the typical road section for facilities it funds or builds in areas inside and outside the urban boundary. FDOT presented a 2010 Draft FHWA Adjusted Urban Boundary Map to the TPO Technical Advisory Committee (TAC) at their meeting on September 18'" and to the TPO staff. St. Lucie County Planning and Engineering staff are both participating members of the TAC. The TAC and the TPO staff reviewed the draft map and provided comments to FDOT. The attached map indicates that the FHWA Urban Boundary was adjusted from 2000 to address TAC and TPO staff comments. Board authorization for the Chairman to sign the attached letter to FDOT concurring with the 2010 draft FHWA Adjusted Urban Boundaries map. ATTACHMENTS 2010 Draft FHWA Adjusted Urban Area Boundaries Map Concurrence letter BOARD OF COUNTY COMMISSIONERS February 5, 2013 Mr. Gustavo Schmidt, P.E. District Planning and Environmental Engineer Florida Department of Transportation, District Four 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 PLANNING & DEVELOPMENT SERVICES DEPARTMENT Planning Division SUBJECT: Concurrence on 2010 FHWA Adjusted Urban Boundary Designation Dear Mr. Schmidt: The St. Lucie County Board of County Commissioners has reviewed and concurred with the draft 2010 Federal Highway Administration (FHWA) Adjusted Urban Boundaries for St Lucie County. Your office may forward the proposed boundary to the FDOT Central Office and FHWA for their review and approval. We understand that additional coordination with other local government entities on Federal Functional Classification designation for all public roads in St. Lucie County will be carried out by your office. After FHWA has approved the proposed boundary and functional classification designations, your office will also prepare a final boundary map for signature by the St. Lucie County Board of County Commissioners Chairman. Thank you for your attention and assistance in this matter. Sincerely, Tod Mowery, AICP Board Chairman cc: Fay W. Outlaw, St. Lucie County Administrator, MPA, ICMA-CM Mark Satterlee, AICP, Planning and Development Services Director Peter Buchwald, AICP, Transportation Planning Organization Director Jeannelia Liu, P.E., Associate Senior Project Manager, Burns & McDonnell, Inc. Newton Wilson, Highway Data Coordinator, FDOT-D4 C9IIUS D7.ADOVSKY, District No. I • TOD MOWERY, District No. 2 • PAUL.A A- LFWIS. District No. 3 • FRANNIE HUTCHINSON, District No. 4 • MI SOPINSON, District No. 5 County Administrator —Faye W. Outlaw, MPA, ICMA-CM Websile: www.stlucieco.aov 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 Phone (772) 462-2822 FAX (772) 462-1581 ��'�`ih+>�t ;,��5. �t��5�5-c �'�� �` �{ '�;£$ ��lr �, vt.Y 3Ym'�,� "�,F''hx H 2x1 v�'H+?.=...Y s `. ✓.. � kc �" , 3•,� @@ � s 4 s �^ t=; � rx*1��G ` ix 'ett�a { t`s Fr.ry � �,v . R �7� - � � U a � � ��� �t����i.',tt`s. a 3 � � R R �t�- ��"UI" v' '�+„j•'tix 3s3 w`,l�ts7?sp� �3-2' � . � .✓ 0 � ��.v' �atr- ��,% �sr ,}.rF s�`J`'F �`�` �y � _� ���w� S{(� i,.,a .::�� . LLa��- V 1 yl' i ,2 n� L 'R x �`- oa rvs ,tyy c}aa t a l IfiY z«s.r ;7 t Y.y i r: to `' STLULIELWNIY Rft 4 x 4WK7 aiY={{, aD 3ryTf'C N CO U�' U O J O J L L L N N N U 0 CO U U 0 U O c U O O N m g o m.S O N LO NO •c �= n n - c O o m cam, m -t m w w Q N N L W Co LO f0 c` U c c c c O > T U C 7 l6 LL 3 N N cn LL c V- T f0 N .N L T f0 .N L Q Orn Q rn Q LU Q 2 dS L6 2 LOB Q (6 U n 0. } .... Q cu. TCU C CU C O_ •d •O c � 3 d � a c — •� ;c Ui � L N L •c - LL O O a a m ccu m s c = Q Q MEMORANDUM TO: St. Lucie TPO Board THROUGH: Peter Buchwald Executive Director FROM: Neelam Fatima Transportation Systems Manager DATE: November 28, 2012 SUBJECT: 2010 Federal Highway Administration (FHWA) Adjusted Urban Boundary Designation BACKGROUND The Florida Department of Transportation (FDOT) has initiated the decennial review of the Federal Highway Administration (FHWA) 2010 Urban Boundary and Federal Functional Classification of roads. The St. Lucie Transportation Planning Organization (TPO) is coordinating this effort among FDOT and the local jurisdictions that exist within the TPO Metropolitan Planning Area (MPA). ANALYSIS The Census Urban Area is determined primarily on the basis of residential population density measured at the census tract and census block level. Census boundaries are adjusted to form the FHWA Urban Boundary by smoothing out irregularities, maintaining administrative continuity of peripheral routes, and encompassing fringe areas of residential, commercial, industrial, and/or national defense significance. FDOT presented a 2010 Draft FHWA Adjusted Urban Boundary Map to the Technical Advisory Committee (TAC) at their meeting on September 18th and to the TPO staff. The TAC and the TPO staff reviewed the draft map and provided comments to FDOT. The attached map indicates that the FHWA Urban Boundary was adjusted from 2000 to address TAC and TPO staff Transportation Planning for Fort Pierce, Port St. Lucie, St. Lucie Village and St. Lucie County November 28, 2012 Page 2 of 2 comments and to incorporate the Cost Feasible Plan (attached) from the 2035 Regional Long Range Transportation Plan (RLRTP). RECOMMENDATION Based on the 2010 FHWA Urban Boundary being adjusted to address TAC and TPO staff comments and to incorporate the Cost Feasible Plan from the 2035 RLRTP, it is recommended that the TPO Board concur with the 2010 FHWA Adjusted Urban Boundaries. AGENDA REQUEST ITEM NO. VI-C3 DATE: 2/6/2013 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: John Wiatrak Airport Manager SUBMITTED BY: Planning & Developmental Services St. Lucie County International Airport SUBJECT: Design & Construct Taxiway D1 Realignment & Associated Drainage Improvements - Florida Department of Transportation (FDOT) match BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140-4210-563000-400 Infrastructure (pending BOCC approval) PREVIOUS ACTION: NIA RECOMMENDATION: Board approval of Resolution No. 13-014 accepting FDOT Joint Participation Agreement (JPA) in the amount of $30,750 for the Design & Construct of Taxiway D1 & Associated Drainage Improvements, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CUNCURKENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordi nation/Sig natures County Attorney ( ) i�J/ OMB Director ( ) Budget Analyst Daniel S. McIntyre Marie Gouin Meather- rig Patty Marston Originating Dept. ( X) ERD ( ) Mark Satterlee Purchasing ( ) Desiree Cimino Melissa Simberlund Planning and Developmental Services Department Airport Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Director Planning & Developmental Services FROM: John T. Wiatrak, C.M., ACE, Airport Manager DATE: February 05, 2013 SUBJECT: Design & Construct Taxiway D1 Alignment & Drainage Improvements Florida Department of Transportation (FDOT) match ITEM NO. VI-C3 Background: This agenda request is to accept the attached Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) in the amount of $30,750 for the Design & Construct of Taxiway D1 Alignment & Drainage Improvements. This project consists of realigning and removing Taxiway D/D1 at Runway 28L on the east side of the airfield. The existing portion of Taxiway D/D1 connects to Runway 28L in an area that is not technically the runway surface, which is a violation of current FAA design criteria. This portion of Taxiway D will be removed and replaced with a new taxiway that meets FAA design criteria. The new taxiway will connect to Runway 28L on the runway surface (rather than the blast pad) and will connect at a 90 degree angle (rather than a 45 degree angle). These two changes will correct the two current FAA violations. Design and construction for this project was approved by the Board under the FY 2013 Capital Budget Plan. Funds are available with no impact to the General Fund. Project funding consists of an anticipated FAA 90% match share of $553,500, a FDOT 5% match share of $30,750, and a local 5% match share of $30,750. Recommendation Board approval of Resolution No. 13-014 accepting FDOT JPA in the amount of $30,750 for the Design & Construct of Taxiway D1 Alignment & Drainage Improvements, and authorization for the Chairman to sign documents as approved by the County Attorney. RESOLUTION NO. 13-014 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 432637-1-94-01) FOR THE TAXIWAY D-1 ALIGNMENT AND DRAINAGE AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for the Taxiway D-1 Alignment and Drainage at the St. Lucie County International Airport (Fin. Proj. No. 432637.1.94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 432637.1.94-01) to provide funding for the Taxiway D-1 Alignment and Drainage at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above - referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on Resolution No. 13-014 was as follows: Chairman Tod Mowery XXX Vice -Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED this day of 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725 MGM PUBLIC TRANSPORTATION PUBLICTRANSPORTATION Gill JOINT PARTICIPATION AGREEMENT Financial Project No.: Fund: DPTO FLAIRApprop.: 088710 432637-1-94-01 I Function: 637 I FLAIR Obj.: 760004 (itemaeemenl-phase-sequence) Federal No.: Ong. Code: 55042010428 Contract No,: DUNS No.: Vendor No.: VF596000835010 CFDA Number: CSFA Number: 55.004 THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County 3000 Curtis King Boulevard Fort Pierce FL 34946 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 3/31/2015 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Taxiway D-1 Alignment and Drainage and as further described in Exhibit(s) _ _A,B.0 & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Pete 1 of U r2so3MB PU8U0TRAN3nRTATI0N eiit 2,00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" allachad hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agencypwill initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2AO Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed In Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 616,000.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement -The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 30 750.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown In Exhibit "B", whichever is less. 4,10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State 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; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding. Front end funding ❑ is 0 is not applicable. If applicable, the Department may initially pay 100%u of the total allowable Incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4,00, 5.00 Retainage: Retainage ❑is Lit is not applicable. If applicable, _percent of the Department's total share of participation as shown in paragraph 4,00Is to be held In retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. Peg.2&16 M5 No 06 PUULICTP SnRTATION Wil 0.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller, 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the. date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", 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". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds", The Agency shall require depositories of project funds to secure continuously and fully all project funds In excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services . contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extentfeasible, kept separate and apart from all other such documents. 7.60 Audit Reports: in addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Depertment, including but not limited to site visits and limited scope audits. The Agency further agrees -to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. P.,301J 725-050 0 PUBLIC THMSPORTA71ON 6/11 7.61 Monitoring: in addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215,97, Florida Statutes, (see "Audits" below); monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, Investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: . 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised Exhibit "0" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, Including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conductsuch an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215,97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project -specific auditfor such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.650 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state Financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended In its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entitles. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph I., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 1.0.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1„ such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Page 4 of 14 725-W603 PUBLIC TRANSPORTATION U11 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1, . Copies of reporting packages for audits conducted In accordance with OMB Circular A-133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A, The Department at each of the following addresses: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. other Federal agencies and pass -through entities In accordance with Sections .320 (e) and (f), OMB Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipients audited schedule of expenditures of Federal awards directly to each of the following: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 Peg05 W U 725-030 06 PUBLIC TWO"RTATIM Bill 3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 3400 West Commercial Boulevard Fort Lauderdale, FL 33300 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399.1460 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 5. ' Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely In accordance with OMB Circular A-133. Section 216.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. . . 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report Is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 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 casts incurred include the Participant'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. 7.04 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions In Internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. Fate 6 o714 725 M"O PUBUI TA SPMTATON Wft 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall Ole with the Department of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard Fort Lauderdale, FL , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112,061, F.S. 8,13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property, (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Departments Obligations: Subject to other provisions hereof, the Department will honor such requisitions In amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project If. 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which mayjeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaning to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.26 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (if Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." Pape 7OM 726 0MO6 MMUCTRANSPORTATION ePn 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency 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 and costs invoiced prior to receipt of annual notification of fund availability. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work orservices performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (00) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department _ 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events,or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1)-necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out In conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time: The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.42 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119. F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Departments authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. . 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Departmentjoint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. ftu. ri4 T26-03MB PUBLIC TRANSPORTATION wit 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. Atthe discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished In compliance with the Consultants' Competitive Negotiation Act, 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12:31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference In this agreement, Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C.3801 at seq.) 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of recelpt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor provisions: 43.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall Include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI • Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, at, seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Tide VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968. 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. Papa Sd14 725 NNOS PUSUCTRANSPORTATION Bill 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certificatlon that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, at. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.60 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property Included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 6 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contractor arrangement in connection with the projector any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss Incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.60 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of Its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. Page 10 or 14 726.gg m N51.10 TRANSPORTATION 6111 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation 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 Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of Its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of Its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each otherwithin fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any, However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement Involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project, The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will Issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23, 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the projectwas completed in accordance with applicable plans and specifications, Is In place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. ?uOma PUBLICTRANSPORTNION 8111 17.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) 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 orwritten, 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 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 1 year, but any contract so made shall be executory only for the value of the services 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 25,000 dollars and which have a term for a period of more than 1 year," 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 3/31/2015 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Expiration of this Agreementwill be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural, All words used In the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, 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. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an 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 this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (Including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. Page 12 U14 7MM 00 PUBLIC TRANSPORTATION 6111 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames, Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, - If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty.in accordance with Section 215.422(3)(b), F.S. will be due and payable, In addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor 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. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate forAgencies who may be experiencing problems in obtaining fimely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Department of Financial Services Hotline, 877-093.5236. 23.00 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 submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or publicwork, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 26.00 E-Verify: Vendors/Contractors: 1. 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 Vendor/Contractor during the term of the contract; and 2, 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. Page 13af 14 725 030 W PUBLIC TRANSPORTATION 6/11 Financial Project No. 432637-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY St. Lucie County AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE Moll See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Gerry O'Reilly DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE P¢Ae 14 d14 Fin. Proj. No.: 432637-1-94-01 Contract No : Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St Lucie County BOCC. PROJECT LOCATION: St. Lucie County International Airport PROJECT DESCRIPTION: Taxiway D-1 Realignment and Associated Drainage SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Numberand the Federal Identification number, where applicable and the amount: of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT Effective July.1, 2010, Section 216.971 of the Florida Statutes, requires agreements with the State to contain a scope of work that clearly establishes quantifiable and measurable deliverables. Each deliverable must specify the required level of service to be performed and the Department's criteria for evaluating successful completion. The items must be submitted and approved through the Florida Aviation Database http://www.florida-aviaiion- database.com/ filed under the appropriate Financial Management (FM) number to meet the deliverable requirements. The deliverables must be received and accepted by the Department prior to the payment of services. The Department of Financial Services Internet link below provides guidance on clear and comprehensive scopes and deliverables development. The scope of work and deliverables are specifically addressed in chapter 3: http://www.mvfloridacfo.com/aadir/docs/ContractandGrantManagementUserGuide. pdf Narrative Taxiway D-1 provides access to small aircraft hangars and the Sheriffs Aviation Unit on the east side of the airfield, as well as access to the airfield. The taxiway currently ties into the blast pad of Runway 28L which not within FAA standards. Additionally, the holding area penetrates the runway safety area for 28L. This project will realign Taxiway D•1 to tie directly, into Taxiway D, remove the portion of Taxiway D•1 that is not within standards, create a new holding pad for aircraft using D-1 that is outside of the runway safety area and runway object free area, and modify the existing drainage to support the realignment. Justification The current D-1 Taxiway connects to the blast pad of Runway 28L which, per FAA design standards, is not acceptable since the blast pad is a non -movement area: Additionally, the existing taxiway holding area penetrates the Runway 28L runway safety area and runway object free area. Taxiway D-1 will need be realigned and a new hold pad installed to correct these issues and to bring the taxiway into standards. SCOPE OF SERVICES Design Phase The Agency must submit a signed copy of an agreement between the Agency and Its third -party consultant, incorporating the scope of services and schedule of values which have been approved by the Department. The scope of services must include or incorporate by reference a schedule of values that will be used to approve payments to the third -party consultant. The scope of services and schedule of values must be approved in writing by the Department before the Agency enters into an agreement with its third -party consultant. The schedule of values shall be a complete and detailed itemization describing each subcategory of work and related pay items and their associated total value, quantity, unit of measurement and unit price/cost. The consultant should invoice the Agency on a regular basis using the approved schedule of values and one of the following methods: a. Percentage Completed. For this method the consultant's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for the item, the percentage competed for the item, and the dollar value for the percentage completed. b. Completed Tasks. For this method the consultant's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for each item, indicate which task have been completed, and the dollar value for each task completed. 2. The Agency shall sign each invoice submitted to the Department and certify thereon that the Agency has verified that the percentages of and/or task completions are correct and that the amounts indicated on the invoice are correct. 3. Any change(s) to the approved scope of services or schedule.of values will require a change order approved by the Department, and signed by the Agency and the third -party consultant. Invoices incorporating unapproved changes cannot be submitted by the Agency or paid by the Department. Invoices submitted to the Department with any unapproved charges will be rejected by the Department. Construction Phase 4. The Agency.must.submit a signed copy of an agreement between the Agency and its contractor, Incorporating the scope of services and schedule of values which have been approved by the Department. The scope of services must include or incorporate by reference a schedule of values that will be used to approve payments to the contractor. The scope of services and schedule of values must be approved in writing by the Department before the Agency enters into an agreement with Its contractor. The schedule of.values shall be a complete and detailed itemization describing each subcategory of work and related pay items and their associated total value, quantity, unit of measurement and unit price/cost. The contractor should invoice the Agency on a regular basis using the approved schedule of values and one of the following methods: a. Percentage Completed. For this method the contractor's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for the item, the percentage competed for the item, and the dollar value for the percentage completed. b. Completed Tasks. For this method the contractor's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for each item, indicate which task have been completed, and the dollar value for each task completed. 6, The contractor should submit their pay request to the Agency's project Inspector for approval using the standard "Application and Certificate for Payment" form. The Agency's project inspector will review and approve the contractor's pay request certifying the percentage of completion and/or quantities are correct. 6. The Agency shall sign each invoice submitted to the Department and certify thereon that the Agency has verified that the percentages of and/or task completions are correct and that the amounts indicated on the invoice are correct. 7. Any change(s) to the approved scope of services or schedule of values will require a change order approved by the Department, and signed by the Agency and the contractor. Invoices incorporating unapproved changes cannot be submitted by the Agency or paid by the Department. Invoices submitted to the Department with any unapproved charges will be rejected by the Department. Financial Project No. 432637-1-94-01 Contract No. Agreement Date EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County 3000 Curtis Kino Boulevard Fort Pierce, FL 34946 referenced by the above Financial Project Number. I. PROJECTCOST: TOTAL PROJECT COST: II. PARTICIPATION: Maximum Federal Participation $615,000,00 $615,000.00 FAA ( 90 %) or $ 553,500.00 Agency Participation In -Kind ( 5 %) or $ 30,750.00 Cash ( %) or $ Other ( %) or $ Maximum Department Participation, Primary DS ( 5 %) or $ 30.750.00 Federal Reimbursable ( o/u) or $ Local Reimbursable ( %) or $ TOTAL PROJECT COST: u $615,000.00 Page 1 of 1 Financial Project No. 432637-1-94-01 Contract No. Agreement Date EXHIBIT "C" AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County 3000 Curtis King Boulevard Fort Pierce FL 34946 A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will Immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to _perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b.. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee ofthe Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. Page 7 of 7 EXHIBIT "C" AVIATION PROGRAM ASSURANCES 4. Compatible Land Use: [twill take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 833, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that itwill provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. S. Cons[stency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: a. It will keep a layout plan of the airport up to date showing: (1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non-aviatlon areas and of all existing Improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expanded for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: It will develop and maintain a cost -feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. Page 2 of 7 EXHIBIT "C' AVIATION PROGRAM ASSURANCES 10.Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency, 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport, Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement The Agency may request a one-year extension of this two-year time period. The District Secretary shall have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project If the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. 17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. 18. Project Development: Alt project related work will comply with federal, state, and professional standards; applicable Federal Aviation Administration advisory circulars; and Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection, C. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: Page 3 of 7 EXHIBIT "C" AVIATION PROGRAM ASSURANCES 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as required. & Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country. 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement, 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, In electronic and editable format, of final project materials to the Department. This includes computer -aided drafting (CAD) files of the airport layout plan. b. Developing a cost -feasible financial plan, approved by the Department; to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost -feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system, c. Entering all projects contained in the cost -feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JAC]P) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding- D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969: FAA Order 5100.37A; FAA Order 5050.4A,; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: a, Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests. Page 4 of EXHIBIT "C" AVIATION PROGRAM ASSURANCES e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.; a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332; F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land.purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with .the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 6. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terns of this Agreement within ten years after the acquisition date. - 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that Itwill: 1. Certifications: Provide certifications that a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies: b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. c. The project complies with all applicable building codes and other statutory requirements. Page 5 of 7 EXHIBIT "C" AVIATION PROGRAM ASSURANCES d. Completed construction complies with the project plans and specifications. Such certification must include an attestation from the Engineer that the project was completed per the approved project plans and specifications. 2. Design Development Criteria: The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project is hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in Exhibits Wand "B" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards: • Federal Aviation Administration Regulations and Advisory Circulars . • Florida Department of Transportation requirements per chapter 14-60. Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection • Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports • Manual Of Uniform Minimum Standards For Design, Construction And Maintenance For Streets And Highways, commonly referred to as the Florida Greenbook • Manual on Uniform Traffic Control Devices Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. _ 3. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 4. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project Involves noise mitigation, the Agency assures that it will: 1, Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government otherthan the Agency, enter into an agreementwith that government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes Page 6 or7 EXHIBIT "C" AVIATION PROGRAM ASSURANCES thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into an agreementwith the owner of that property to exclude future actions agalnst the airport, The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Page 7 of Financial Project No. 432637-1-94.01 Contract No. Agreement Date EXHIBIT "D" FEDERAL andfor STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below, If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: (e.g., What services or purposes the resources must be used for) (e.g., Eligibility requirements for recipients of the resources) (Etc...) NOTE: Instead of lisfing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency, Compliance Requirements STATE RESOURCES State Agency Catalog 9f Federal Domestic Assistance (Number & Title) Florida Department of Transportation Compliance Requirements Activities Allowed: Airport Planning Catalog of State Assistance (Number & Title) 66.004 Amount Amount $30,750.00 Airport Planning Grants are to study options for airport development and operations. The Department funds airport master plans, airport layout plans (ALP), noise and environmental studies, economical impact, services development, and airport promotion. Examples of projects are: - Master plans and ALPs; . Master drainage plans; Environmental assessments (EA); - Development of regional impact (DRI); Operations and emergency response plans; Federal Aviation Regulations (FAR) Part 150 noise studies; Environmental impact studies (EIS); Wildlife hazard studies; Feasibility and site selection studies; - Business plans; Airport management studies and training; Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) Airport Improvement These grants are to provide capital facilities and equipment for airports. Examples of projects are: Page 1 of 3 A:1: N111001111l -Air-side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers, lighting, control towers, instrument approach aids, automatic weather observation stations); - Land -side capital Improvement projects (terminal buildings, parking lots and structures, road and other access projects); - Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects; - Safety equipment (Including AARF fire fighting equipment and lighted Xs); - Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting hazards); - Information technology equipment (used to inventory and plan airport facility needs); - Drainage improvements. (FDOTAviation Grant Program Handbook) Land Acquisition . This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of projects are: -Land acquisition (for land In an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements; -Right of way; -Approach clear zones. (FOOT Aviation Grant program Handbook) Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are: -Any airport improvement and land purchase that will enhance economic impact; -Building for lease; -Industrial park infrastructure and buildings; -General aviation terminals that will be 100 percent leased out; -Industrial park marketing programs. (FOOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the Internet at www.dot,state.fl.us/Aviation/Public.htm, Allowable Cost: See part three of compliance supplement Cash Management: See part three of compliance supplement Matching Requirements are as follows Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs. When federal funding is available, the Department can provide up to 50 percent of the non-federal share. (FOOT Aviation Grant Program Handbook and Section 332.007((3) Florida Statutes) General Aviation Airports When no federal funding Is available, the Department provides up to 80 percent of project costs. When federal funding is available, the Department can provide up to 30 percent of the non-federal share. (FOOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Page 2 of 3 EXHIBIT "D" Economic Development The Department provides up to 50 percent of airport economic development funds to build on -airport revenue -producing capital improvements. This program Is for local match only. .(FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Airport Loans The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.87(6)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. Page 3 of 3 AGENDA REQUEST ITEM NO. VI-D1 DATE: 2105113 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Charlotte Bireley SUBMITTED BY: Parks, Recreation, FacilitieslTourism & Venues Tourism & Venues Manager SUBJECT: Waiver of Fairgrounds Facility Rental Fees for the 3`d Annual Adams Ranch Rodeo BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to waive $2,396.25 in facility rental fees for the 3`d Annual Adams Ranch Rodeo as outlined in the agenda memorandum. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( ) L OMB Director ( ) Budget Analyst Dan McIntyre Marie Gouin Patty Marston Originating Dept. (✓) Purchasing ( ) l 1( Edward R. Matthews Desiree Cimino Parks, Recreation, Facilities MEMORANDUM TO: Board of County Commissioners THROUGH: Edward R. Matthews, Director FROM: Charlotte Bireley, Manager DATE: February 5, 2013 SUBJECT: Waiver of Fairgrounds Facility Rental Fees for the 3`d Annual Adams Ranch Rodeo ITEM NO. VI-D1 Background: St. Lucie County Cattlemen and Cattlewomen's Association, a 501 (c)(5) tax-exempt organization, is planning its V Annual Adams Ranch Rodeo. The event attracts 700-1,200 residents and visitors and is the organization's primary fundraiser. The St. Lucie County Cattlemen and Cattlewomen's Association is requesting a fee waiver for the rental of the Adams Arena in the amount of $2,396.25. The event will tentatively take place on Saturday, April 6, 2013. Additional costs for County staff and electricity usage will be paid by the renter. As per section 2C of the Havert L. Fenn Center's policies and procedures approved by the BOCC in April 2012, Facility Use Fees cannot be waived unless approved by the Board of County Commissioners. The event must meet the following criteria in order to be eligible for a fee waiver: a. Be a St. Lucie County governmental agency or non-profit with a 501(c)(3) tax exemption which provides a service which is a public benefits and is available to all citizens of St. Lucie County; OR b. The event is a fundraiser for an organization which meets the requirements in C(1)(a). c. Approval of the waiver is at the sole discretion of the Board of County Commissioners. d. Charges for staff, equipment and supplies may not be waived by the Board of County Commissioners. Please note: If the rental fees are waived, the amount of rental fees waived to date at the Fairgounds will total $4,552.50. Recommendation Board approval to waive $2,396.25 in facility rental fees for the 3`d Annual Adams Ranch Rodeo as outlined in the agenda memorandum. St. Lucie County Cattlemen's Association 2402 Blossom Court * Fort Pierce, FL 34982 www.stiuciecattlemen.org January 11, 2013 Mr. Edward Matthews, Director Parks, Recreation, & Facilities Tourism & Venues Division 2000 Virginia Avenue Fort Pierce, FL 34982 Mr. Matthews: The St. Lucie County Cattlemen and Cattlewomen's Association would like to formally request a waiver of fees and concessionaire requirements for the P Annual Adams Ranch Rodeo to be held April 6, 2013 at the St. Lucie County Fairgrounds, For the last two years, the St. Lucie County Cattlemen and Cattlewomen's Association have held the event in partnership with the St. Lucie County Fair Association. This year, the Fair Association is unable to accommodate the event due to other scheduling conflicts. In St. Lucie County alone, agricultural and related industries generate 21,827 jobs (21.6% of total) and $1.20 billion in revenues or 18.7%of gross regional product. The St. Lucie County Cattlemen's Association has had a strong presence in St. Lucie County for more than 60 years and for 50 years held an annual parade that became a tradition and event to look forward to each year by many residents. Two years ago, Adams Ranch approached the Association with the concept of a Ranch Rodeo and the natural location to host such an event is the Adams Ranch Arena at the St. Lucie County Fairgrounds. A Ranch Rodeo is unique in that it features competition events that are what ranchers do every day as part of their job. In just two short years, this event has become a highly respected and sought after rodeo on the state ranch rodeo circuit due to the location, organization and prize money available. The Cattlemen and Cattlewomen's Association uses this event as its primary fundraiser. The event has attracted 700-1,200 residents each year. Funds from this event, and others, are used by the St. Lucie County Cattlemen and Cattlewomen's Association to support local agricultural promotional events, local 4-H clubs and students in both high school and college. In the last five years, the group has disbursed more than $10,000 to support these efforts. As a whole, the St. Lucie County Cattlemen and Cattlewomen's Association is affiliated with the statewide Florida Cattlemen and Cattlewomen's Association and the National Cattlemen's Beef Association and American National Cattlewomen. Each work in a grassroots fashion to support, promote and advocate for the cattle and beef industry. I ask you to consider this request and to please contact me if you have any questions. Sincerely, Bryan Beaty Treasurer Internal Revenue Service Director, Exempt Organizations Rulings & Agreements F.O. Box 2508 Cincinnati OH 45202 Date: 00T 4 6 2011 Florida Cattlemens County Association Inc. c/o Thomas J. Bryant, CPA PO Box 508 Lakeland, FL 33802-0508 Department of the Treasury Employer Identification Number: 27-2003408 Person to Contact and ID Number: Harold 1. Fodor M # 31675 Toll Free Contact Number: (877) 829-5500 Addendum Applies Ye's r 66 0453 Dear Sir or Madam: Pdart� 5\3 We have considered "your application for a group exemption letter recognizing your subordinates as exempt from federal income tax under section 501(a) of the Internal Revenue Code as organizations of the type described in section 501(c)(5). Our records show that you were recognized as exempt from federal income tax under section 501(c)(3) of the Code. Your exemption letter remains in effect. Based on information you supplied, we recognize your subordinates whose names appear on the list you submitted as exempt from federal income tax under section 501(c)(5) of the Code. Your subordinates whose gross receipts each year are normally more than $50,000 are each required to file Form 990, Return of Organization Exempt From Income Tax, by the 15th day of the fifth month after the end of their annual accounting period. If you prefer gpl} lay file a Qrouo return for those subordinates that authorize you in writing to include them in that return. If you are required to file Form 990 ur own activities, you must file a separate return and may not be included on an o return that you file for your subordinates. The law imposes a penalty o£ 2( a ay when a retum is filed late, unless there is reasonable cause for the delay. However, the maximum penalty imposed cannot exceed $10,000 or 5 percent of gross receipts for the year, whichever is less. For organizations with gross receipts exceeding $1,000,000 in any year, the penalty is $100 per day per return, unless there is reasonable cause for the delay. The maximum penalty for an organization with gross receipts exceeding $1,000,000 shall not exceed $50,000. This penalty may also be charged if a return is not complete, so your subordinates should make sure their returns are complete before filing them. For tax periods beginning after December 31, 2006, and before December 31, 2010, organizations with gross receipts of $25,000 or less must file anannual electronic notice, Form 990-N. For tax periods after December 31, 2010, the gross receipts limit changed from $25,000 to $50,000. _Q63- 4 5 I 3 Organizations included in a group return are excepted from this requirement. Alternatively, organizations with gross receipts of $50,000 or less may file a complete Form 990 Package. Your subordinates are required to make their annual information return, Form 990 or Form 990- EZ, available for public inspection for three years after the later of the due date of the return or the date the return is filed. You and your subordinates are also required to make available for public inspection your group exemption application, any supporting documents and this exemption letter. Copies of these documents are also required to be provided to any individual upon written or in person request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be imposed for failure to comply with these requirements. Additional information is available in Publication 557, Tax -Exempt Status for Your Organization, or you may call our toll free number shown above. Unless specifically excepted, each of your subordinates is liable for social security (FICA) taxes for each employee to whom the subordinate paid $100 or more during a calendar year and unemployment (FUTA) taxes for each employee to whom the subordinate paid $50 or more in a calendar quarter. FUTA tax is due for each of these employees only if the subordinate paid total wage of $1,500 or more during any calendar quarter, or if the subordinate had any employees in any 20 calendar weeks during the year. Each year, at least 90 days before the end of your annual accounting period, please send the items listed below to the Internal Revenue Service Center at the address shown below. 1. A statement describing any changes during the year in the purposes, character, or method of operation of your subordinates; 2. A list showing the names, mailing addresses (including Postal ZIP codes), actual addresses if different, and employer identification numbers of subordinates that, since your previous report: a. Changed names or address; b. Were deleted from your roster; or c. Were added to your roster. 3. For subordinates to be added, attach: a. A statement that the information on which your present group exemption letter is based applies to the new subordinates; b. A statement that each has given you written authorization to add its name to the roster; c. A, list of those to which the Service previously issued exemption rulings or determination letters; `-'d. A statement that none of the subordinates is a private foundation as defined in section 509(a) of the Code if the group exemption letter covers organizations described in section 501(c)(3); e. The street address of each subordinate whose mailing address is a P.O. Box; and f. The information required by Revenue Procedure 75-50, 1975-2 C.B. 587, for each subordinate that is a school claiming exemption under section 501(c)(3). Also include any other information necessary to establish that the school is complying with the requirements of Revenue Ruling 71-447, 1971-2 C.B. 230, This is the same information required by Schedule B, Form 1023, Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code. 4. If applicable, a statement that your group exemption roster did not change since your previous report. Please mail the information requested in this letter to the following address: Internal Revenue Service Ogden UT 84201 Revenue Procedure 80-27, 1980-1 C.B. 677, section 4.02, part 6, provides that group exemption letter may be issued covering subordinates, of which one or more have been organized prior to 15 months of the date of submission of the group exemption request, only if all subordinates agree to prospective exemption from the filing date of the group exemption request. Since you have subordinates that were organized prior to 15 months of the date of your application and your subordinates have agreed to prospective exemption, the exempt status of those subordinates is effective on January 1, 2010, the beginning of the next fiscal year following your date of formation. Your subordinates are required to file Federal income tax retum(s), Form 1120 and pay any taxes due, for each year or part of a year that ended prior to the effective date of your group exemption. our subordinates are required to include this number on each Form 90, Return of 0rgamzation Exempt From Income Tax, and Form 990-T, Exempt Organization Business Income Tax Return, that they file. Please advise your subordinates of this requirement and provide them with the Group Exemption Number. Please see enclosed Publication 4221-NC, Compliance Guide for Tax Exempt Organizations (other than 501(c)(3) Public Charities and Private Foundations), for some helpful information about the .responsibilities of you and your subordinates as exempt organizations. This publication and other useful information is available on the IRS Chanties and Non -Profits website at www.irs. eov/eo. If the heading of this letter indicates that an addendum applies, the enclosed addendum is an integral part of this letter. Because this letter could help resolve any questions about the exempt status and foundation status of your subordinates, you should keep it for your records. We have sent a copy of this letter to your representative as indicated in your power of attorney. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, Lois G. Lerner Director, Exempt Organizations Rev. 7-15-2011 a N o 0 0 yr. ^+ E Lv'� g ^�' mtj a w w a'y' �. �' o, o o Q� C� $Q•�s1� £R. a 140,7 gd n 5] g �• Ig -Pripf goo N N .� a.Ro'a.R•.y O.o ^..o a.ft. S.O.p°. o;g•�.� 666 o'a n c ZI�Y ��a ��`55� p p � V V V�� V w N N N W N N N 1�}htN N N W N IVJ J t3 J 13 N N p pp JWm,` S+t pV� V N p V� V VN:.b3Q� w V V NNy Nl� V p_� Y m WWN V L pj p -gNg+ tD V W OV A 3: N� 1MV WOW N V�p �[�[�[.A�[l�.IIIIJJJJ���� LhpVb��SJ N O j O O N W (J S N O LL W 6 �wf �jV Wrn W O O O N loll O N P G (O� N IO tW� O m O UI $QJ W m A d W*� 442`-O'0 v c+2;� T 2�m 0 o ;o w a: c 91 m F N A y co D% O E �T p t Wn p N w W A .'Sin P+ if N ON r •NP O m m A b AMA444 w W ��T O�TTTT�- T-Ti- TMTM-:92142�44:q T O O O O O O O O O O O O O O�YWl�:O O O O 4 O O O O C O O 1 1] E n Farm W-9 Request for Taxpayer .Give Form to the (Rev. December 2011) Number and Certification requester. Do not Department at the Treasury .Identification send to the IRS. Internal Revenue Service Name (as shown on your income tax return) N Business name/disregarded entity name, if different from above m rn m Q' c Check appropriate box for federal tax classification: o -1 Individual/sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate N na El Exempt payee ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership)► o_....-----' ---- 0 c a` o ❑✓ Other (see Instructions)► IRS SECTION 501 (C) (5) TAX EXEMPT ORGANIZATION :E Address (number, street, and apt. or suite no.) Requester's name and address (optional) 0 v a w City, state, and ZIP code m y List account number(s) here (optional) AFFILIATE OF FLORIDA CATTLEMENS-:COUNTY ASSOCIATION INC GROUP EIN#45.3805166 Parent EIN#2h2003408 =`- WMW Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I Social security number to avoid backup withholding. For individuals, this is your social security number However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions onn page 3. For other FM - m - entities, it is your employer Identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer Identification number number to enter. F-F-1 1; j 'Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that 1 am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. btgn Signature of Here I U.S. person► [late► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of anYartnershi income from a U S trade or business Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. P P is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form W-9 (Rev. 12-2011) ITEM NO. VI-D2 DATE: 02/05/13 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED I Roger A. Shinn SUBMITTED BY: Parks, Recreation, & Facilities: Facilities Manager Facilities Division SUBJECT: Award of Bid No. 13-010, Maintenance and repair services for County light fleet vehicles BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See attached memorandum N/A November 5, 2012 — Invitation to bid advertised December 5, 2012 — Bids due RECOMMENDATION: Board approval to award Bid No. 13-010 to St. Lucie Battery and Tire, Reliable Tire & Auto Care Center, Dave Fixes Cars and JW Automotive as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures / Q� County Attorney (x) i OMB Director (x) / C Dan McIntyre Budget Analyst Marie Gou Robert O'Sullivan Originating Dept. ( x) ( ) Edward Matthews (Name) TO: THROUGH: FROM: DATE: SUBJECT: ITEM NO. Background: Parks, Recreation & Facilities MEMORANDUM Board of County Commissioners Edward R. Matthews, Directorci�ld Roger A. Shinn, Facilities Manage February 5, 2013 Award of Bid No. 13-010, Maintenance and Repair Services for County Light Fleet Vehicles VI-D2 Invitation to bid went out November 7, 2012 for Bid No.13-010, Maintenance and Repair Services for County Light Fleet Vehicles. The bid request was for the cost of preventative maintenance, general maintenance and repair of the County's light fleet vehicles. Bids were due December 5, 2012. Utilizing Demandstar.com, 61 service companies were notified, 12 bid copies were distributed and four bids received (Attachment 1). The bid description required a response based on seventeen separate criteria. As part of the bid reply, interested vendors were asked to provide their schedule for normal preventative maintenance service, hourly shop rate, parts cost and markup. The bidders also must have a service facility located in St. Lucie County. To provide service that is both quick and dependable while maintaining fiscal accountability, we recommend the award of the contract to the four vendors who responded and have them share in the services they perform for the County. Recommendation: Board approval to award Bid No. 03-010 to St. Lucie Battery and Tire, Reliable Tire & Auto Care Center, Dave Fixes Cars and JW Automotive and authorize the Chairman to sign the documents as approved by the County Attorney. •� Y 'al4 " tL Zq?e w�riy�:L rrVyN ,� - p o O T a Kd {�jl �I In n K H crns lj yM`u O PN ui00 eP Ya �9W I[1 Ifs KviN O W C ❑ Ld ma� Q x G. U 49 t9 N y K Q LL N a a' T Kz W Z IVN o � S ryry mm [w 7 _ K Q W 0. v w o C m aN W f•^ 1 Yv � V fofiil of of N wig�'tG`'t�1 N in Nf �4�yy rCnm M Vt � � F N C Uj INYi K 0 O O J W In v a a ti a 4 L a n' N W" 41 Ill p O 4' � M RJ C N J 5 ❑ 9l. d7 1625 W a > •O b A t r >O M m `m ui m FL LL y t I�- u N+t TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: BOARD OF COUNTY COMMISSIONERS Parks, Recreation, & Facilities: Facilities Division . ITEM NO. VI-D3 DATE: 02/05/13 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED B C, Roger A. ShinrWW Facilities Manager Amend contract C12-05-190 with S & S Air Conditioning to include final phase (Phase III) of HVAC renovations at South County Annex and extend the completion date. See attached memorandum 001009-1931-546200-100 South County Annex Maintenance Projects — A/C Equipment Renovations, Phase III October 20, 2010 — Bids received, exceeded budget March 18, 2012 — Rebid project May 15, 2012 — Award contract to S & S Air Conditioning, Phase I and II RECOMMENDATION: Board approval of the First Amendment to Contract No. C12-05-190 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as drafted and approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney (x) OMB Director (x) Dan McIntyre Budget Analyst Marie Gouin Robert O'Sullivan Originating Dept. ( x ) Edward Matthews (Name) Parks, Recreation & Facilities MEMORANDUM TO: Board of County Commissioners THROUGH: Edward R. Matthews, Director FROM: Roger A. Shinn, Facilities ManagerQw DATE: February 5, 2013 SUBJECT: Amend contract C12-05-190 with S & S Air Conditioning to include final phase (Phase III) of HVAC renovations at South County Annex and extending the completion date. ITEM NO. VI-D3 Backaround: On May 15, 2012 the BOCC approved the award of the South County Annex HVAC equipment renovation project Phase I and II to S & S Air Conditioning. Originally planned as a single phase renovation, funding shortfalls created the need to perform the project in three phases. Phases I and II are now well under way. Completion of these phases is scheduled for July 1, 2013. Recently, in October of 2012, we received funding for the third and final phase. With the contractor already on site, everything is in place to transition smoothly into the final phase of the project. Staff feels it would save time and money to award the final phase to the contractor on site. Maintaining the same contractor for the whole project will remove any question of overall workmanship and equipment responsibility, should any questions arise at a later date. Funding for the final phase, originally known as phase three, was budgeted at $360,000. The contractor, who is also the low bidder, has submitted a proposal of $189,255.00, along with staff's suggested 10% contingency, bringing the total to $209,000.00 and our new completion date to September 6, 2013. A cost savings will be realized in moving forward with the contractor since he is fully mobilized and prepared to move efficiently to the final project phase. Interruption to court operations will also be minimized with all the necessary components in place to move effortlessly into the final phase of the project. Recommendation: Board approval of the First Amendment to Contract No. C12-05-190 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County attorney. Parks, Recreation & Facilities MEMORANDUM TO: Board of County Commissioners THROUGH: Edward R. Matthews, Director FROM: Roger A. Shinn, Facilities ManagerQw DATE: February 5, 2013 SUBJECT: Amend contract C12-05-190 with S & S Air Conditioning to include final phase (Phase III) of HVAC renovations at South County Annex and extending the completion date. ITEM NO. VI-D3 Backaround: On May 15, 2012 the BOCC approved the award of the South County Annex HVAC equipment renovation project Phase I and II to S & S Air Conditioning. Originally planned as a single phase renovation, funding shortfalls created the need to perform the project in three phases. Phases I and II are now well under way. Completion of these phases is scheduled for July 1, 2013. Recently, in October of 2012, we received funding for the third and final phase. With the contractor already on site, everything is in place to transition smoothly into the final phase of the project. Staff feels it would save time and money to award the final phase to the contractor on site. Maintaining the same contractor for the whole project will remove any question of overall workmanship and equipment responsibility, should any questions arise at a later date. Funding for the final phase, originally known as phase three, was budgeted at $360,000. The contractor, who is also the low bidder, has submitted a proposal of $189,255.00, along with staff's suggested 10% contingency, bringing the total to $209,000.00 and our new completion date to September 6, 2013. A cost savings will be realized in moving forward with the contractor since he is fully mobilized and prepared to move efficiently to the final project phase. Interruption to court operations will also be minimized with all the necessary components in place to move effortlessly into the final phase of the project. Recommendation: Board approval of the First Amendment to Contract No. C12-05-190 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County attorney. KCze a . s 3r �s� l 'fey -. AIR CONDITIONING CO. 1559 S W 21i1 Avenue • Ft. Lauderdale, FL 33312 534 N.W. Mercantile Place Unit 104 Port St. Lucie, F134986 Miami -Dade (305) 592-3410 • Broward (954) 321-6186 • PortSt Lucie (772) 924-3000 Fax (954) 321-1918 Fax: Pt St. Lucie (772)-336-5513 CACO23481 Sales / Service / Installations 12/18/12 Proposal Submitted To: BOBETISWOLD Work To Be Performed At ANNXPFIASE2 Name ST LUCIE COUNTY Street Street 250 SW COUNTRY CLUB DR City State Zip City PORT ST LUCIE State FL Zip 34986 Date of Plans Phone Number Architect We hereby propose to furnish all the materials and perform all the labor necessary for the completion of ANNEX PHASE 2 1) EQUIPMENT: $ 53,125.00 2)SUPPORTS ,TIE DOWNS HANGERS AND COPPER MATERIALS: $ 14,750.00 3) PERMITTING ALLOWANCE: $10,000.00 4) CONTROLS: $ 26,250.00 5) ELECTRIC: $ 15,000.00 - 6) ROOFING: $ 3,750.00 7) CRANE: $ 1,000.00 8) TEST AND BALANCE: $ 5,000.00 9) DUCT WORK: $ 7,500.00 10) LABOR: $ 52,880.00 All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of: $ 189,255600 with payments to be made as follows: WITH ACOMPLETION DATE OF 9/6/13 Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by S & S Air Conditioning Co. Purchaser (Debtor) agrees to pay all emotofcollecfion damages, including arewonable attorneys fee for collecting due azcowt or repossessing Jae said property, whe@ersult bebmuglit ornot. The Purchaser (Debtor) agrees that doe said matenaia above described will net be removed form above address without prior umvre en cannt of Sees NC Co., lire Setter (Seemed Par o.. Pamfiaser (Debtor) waives demand and all requirements to hold it liable. AI delinquent paymem shall bear interest at therwa of 112%per monfa until paid. If S&S Me Co. is required to make repairs accounted by improper operation; damage caused by electmlylic action any causebeyondeur comma, - purchabatterylreimoseSourteCCnegligenceormisuseofdi make,scordueto understand purchaser shell reimburse sedS AC Co. for the expense incurred in making such repairs. It is annuallyrehash pans, mfdgeto and service materials must be purchased by you, Gam as, m se pricy, end replaced and pam p,lips daeselling installed by during the terms this venation, My repairs, refrigerant, chemicals and by iby deemed necessary and Respectfully Submitted d for on of your mutilation -are be arizol recommended by efficient Iry you unless these eerodzee a by y u and t we still not fetish emergency accepted given to perform this pe remise are accepted be you and anjuries Seefione to presence, pail r, service S&S As ot eto the aega,dto liable fees. Inns of eventlledamCCat be liable ear ofsdown acts or omissions ted S&S AJC Co,e employees, In event shall S&S NC ereca hear and be liablery= a eo. ra gre shu e listed in tts agreement This contact bemoans the emir agreement the parties and shill became in this t e the qve proved an t you and approved by as the customer is emotive on the date shtm below, provided it M1s been accepted Per - at f s corp,,cese, or any Omer county created law, then me person rostrum, this agreement on behalf of the cusmmer is mi the customer and in addition hereto ogres to serves a restated as ash authorized agent executing e generator, err the customer, company or paion arising out this guetnmr, and is personally liable for all the debts and a y all hereby named rating an is agreed end any modifications he in this Agreement must be done is writing and crested by all le. t cannot stipulated by the parts that venue erjunsdication to any litigmion arising out oFthe roams of this connatt shot be in p Note -- This proposal may be withdrawn by us if not Miami -Dade Ceanty, Florida In the event that an, provisions of IN, contract am found to be illegal, aaenfonvable or, accepted within s. days. void, by any Court of law, then the reasoning provisions shell remain in full force and effect.P y ACCEPTANCE OF PROPOSAL - - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified Payment will be made as outlined above. Accepted - - Signature Date Signature ITEM NO. VI -El DATE: 2/5/13 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer MA) SUBJECT: Verada Ditch Interim Repairs and Drainage Basin Study BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101-4115-546200-123606 Transportation Trust PREVIOUS ACTION: See attached memorandum. (X) RECOMMENDATION: Board approval of Work Authorization No. 5 to the Stormwater Management Contract (C09-10-663) with Inwood Consulting Engineers in the amount of $235,811 for the Verada Ditch Interim Repairs and Drainage Basin Study and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER County Attorney (x ) Originating Dept. (x ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM (� Coordination/Signatures / OMB Director (x ) a/ Budget Analyst Daniel McIntyre Marie Gouin _ ` . County Engineer (x) WPI Doriald West Michael Powley Verada Ditch basin study WA1 Inwood stormwater.ag Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Engineer DATE: February 5, 2013 SUBJECT: Verada Ditch Interim Repairs and Drainage Basin Study ITEM NO. VI -El Background: The Verada Ditch is a County -owned drainage facility that lies Lucie. It was constructed many decades ago by the General provides vital stormwater conveyance for many square miles associated roadways. largely within the city limits of Port St. Development Corporation. The ditch of residential neighborhoods and the In 2008, Tropical Storm Fay severely impacted the Verada Ditch. Significant lengths of the embankments were eroded and collapsed. Initial estimates of the cost to repair the canal slopes quickly summed to the multi -million dollar level. These repairs were not anticipated in the Capital Improvement Plan project list. St. Lucie County was very fortunate to receive financial assistance from the National Resources Conservation Service (NRCS). The NRCS provided slightly more than $4 million. The County provided a 25% match that brought the project budget to about $5.4 million. The County was responsible for any funding above the grant amount. The funds were provided with the stipulation that work must be completed by July 18, 2009. The project was completed on time and within the established budget. Upon completion, NCRS reviewed the completed work and they too found it to be in conformance to the plans and specifications and to have been completed within the allotted time frame. In October 2011, unseasonably heavy rains dumped the functional equivalent of a 100-year event: about 12 inches of rainfall. While it was not fully understood at the time, the infiltrating rainfall was not able to pass through an impervious soil layer at shallow depth. The water ponded on the soil layer and caused the forces affecting slope stability to become unbalanced. Before the rainfall event ended, severe tension cracks were created as the slopes tried to move downward and outward onto the canal. We now fully understand the mechanism causing failure of the slopes and are now in a position to begin interim and final repairs. Before either work scope can be discussed, it is first necessary to understand how the Verada Ditch functions. While we know it receives rainfall from the surrounding areas, we do not know how much nor exactly from where. To that end, Inwood Consulting Engineers will first complete a drainage basin study. The results of this study will direct our permanent repair design. Engineering Division Memorandum Agenda Item VI -El Page 2 February 5, 2013 In the meantime, we know that the 2013 tropical season will occur ahead of our permanent repair construction. It is our intent to design some interim repairs to help us protect the damaged slopes during this interval. Once our drainage basin study is completed and the interim repairs have been designed, an additional scope of work for the permanent repairs, building on the results of this Work Authorization, will be presented to the Board for approval. Attached is Work Authorization No. 5 to the Stormwater Management Contract with Inwood Consulting Engineers, Inc. for the Verada Ditch Basin Study in the amount of $235,811 (Attachment A). Previous Action December 23, 2008 - County Administrator signed Work Authorization No. 6 in the amount of $24,640.58. January 13, 2009 - Board approved Amendment 1 to Work Authorization No. 6 (C07-07-387) with Miller Legg for the emergency repair of Verada Ditch in the amount of $269,737.03. February 24, 2009 - Board approved of the use of Emergency Procedures for waiver of formal bidding process and solicitation of quotes for construction for the Verada Ditch Emergency Repair Project. March 10, 2009 - Board approved a dawn -to -dusk, seven-day work week for Emergency Repairs Related to Tropical Storm Fay. March 24, 2009 - Board approved award of the Emergency Repairs related to Tropical Storm Fay for the Verada Ditch North of Calmoso Drive and Calmoso Drive Culvert Replacement Projects to the low bidder, Dickerson Florida, Inc., in the amount of $2,091,304 and set up the project budget (to include the contingency) in the amount of $2,300,500. Board approved Work Authorization No. 22 (Verada Ditch Improvements North of Calmoso Drive) to Dunkelberger Engineering and Testing in the amount of $53, 000.00. June 16, 2009 - Board approved Amendment No. 1 to the original grant application, Budget Resolution No. 09-180 and Budget Amendment BA09-025. July 23, 2009 - Board approved Change Order No. 1 in the amount of $36,338.62 and contract extension until July 7, 2009. January 15, 2013 - Board approved the acceptance of Verada Ditch Improvements North project and Verada Ditch Improvements South project. Recommendation Board approval of Work Authorization No. 5 to the Stormwater Management Contract (C09-10-663) with Inwood Consulting Engineers in the amount of $235,811 for the Verada Ditch Interim Repairs and Drainage Basin Study and authorization for the Chairman to sign documents as approved by the County Attorney. ATTACHMENT "A" PROJ/PROG # 123606 WORK AUTHORIZATION NO.05 CONTRACT C09-10-663 [eelats 1&111NJilkq[rll7[e7��a1>�7=1 THIS WORK AUTHORIZATION is made as of the day of , 2013, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and INWOOD CONSULTING ENGINEERS, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on October 13, 2009 the COUNTY entered into a Consulting Agreement (Contract No. C09-10-663) hereinafter referred to as "Contract" with the CONSULTANT to provide continuing professional services for Stormwater Management; and, WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The COUNTY has determined that it would like to complete a project described below: VERADA DITCH — ENGINEERING SERVICES (hereinafter referred to as "the Project".) 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the CONSULTANT in the completion of the Project, to provide professional engineering services in the area of Stormwater Management for the Project under the pricing, terms and conditions of the continuing contract (C09-10-663). The services to be provided by CONSULTANT on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" Page 1 of 3 and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein. 3. CONSTRUCTION COSTS: The construction costs of the Project for which the CONSULTANT will render the Professional Services are estimated by the COUNTY not to exceed $2,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA). 4. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be billed on an hourly basis, and shall not exceed a total amount of Two Hundred Thirty Five Thousand Eight Hundred Eleven and 001100 ($235,811.00) Dollars as further detailed in Exhibit „B„ 5. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 6. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work on or before March 31, 2014. C. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the COUNTY will suffer damages which are not capable of ascertainment or calculation, and therefore the CONSULTANT shall pay the COUNTY, as liquidated damages, a sum of One Hundred Dollars ( 100.00 per day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or his designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the CONSULTANT, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONSULTANT under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. Page 2 of 3 ATTEST: BOARD OF COUNTY COMMIS: ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: INWOOD CONSULTING ENGINEERS, INC. BY: Print Name: Title: Page 3 of 3 Proposal for Verada Ditch St Lucie County, Fonda EXHIBIT A - SCOPE OF WORK Verada Ditch Drainage Basin Study OBJECTIVES Catastrophic failure of the canal banks within the project area has created conditions to homes, roadways and other improvements. St. Lucie Count Phase 1 — Drainage Basin Study Phase 2 — Interim Solution Design Phase 3 — Long-term Corrective Action Design and Permitting ExhibitA — Page 1 of November6,2012 y The project area is focused on the contributing area for a drainage system whose main conveyance canal is commonly referred to as the Verada Ditch (-2.4 miles long). The canal is solely within existing County owned right-of-way. The Verada Ditch basin has an estimated contributing area of approximately 3.8 square -miles (or 2,420 acres) primarily within the City of Port St. Lucie. The area is located east of Florida's Turnpike, south of Archer Avenue, west of North Fork St. Lucie River, and north of West Virginia Drive. The project is located within Sections 19 thru 21 and 28 thru 33 of Township 34S and Range 40E. The area was developed in the late 1950's by the General Development Corporation (GDC) and the runoff in the area generally drains directly into the canal systems without any upstream attenuation or water quality treatment (i.e., stormwater ponds). In general, the interconnected canals drain east towards the North Fork St. Lucie River. The Verada Ditch has been experiencing severe bank stability failures for several years and recent rainfall associated with Tropical Storm Isaac has exacerbated the problems. In 2012, Dunkelberger Engineering and Testing, Inc. (Dunkelberger) completed a geotechnical evaluation of the canal that indicates that the failures are caused by slope stability of the constructed canals. Dunkelberger also indicated that the bank instability issues are primarily being caused by the rapid rise and fall of water elevations within the canal system and recommended a detailed drainage study be completed to further evaluate the hydraulics of the system. Phase 1 of this project is to conduct the drainage basin study, develop conceptual solutions and document the analysis in a technical memorandum. Phase 1 will also result in a recommendation to carry forward into final design and permitting. The Phase 1 Scope of Services is provided in the ensuing paragraphs below. Phase 2 of the project will be implemented coincidentally with Phase 1. Phase 2 engineering services will consist of developing plans and specifications for an interim solution to the slope stability issue. This interim solution is meant to help the canal system maintain its function without further degradation through the 2013 hurricane season. It is anticipated that there will be six (6) separate critical areas that will require interim solutions. The six areas will be identified during this project by reviewing previous project information, completing site reviews and County input. The Phase 2 Scope of Services is provided in the ensuing paragraphs below. Phase 3 of the project will be to design and permit the recommended solution resulting from the Phase 1 analysis. The scope of work associated with this phase will be established at a later date after the proposed long term solution is identified. The scope of work and fee proposal will be provided to the County upon completion of Phase 1. Inwood _ aunsulBng vngineem Proposal for Verada Ditch ExhibitA— Page 2 of 4 St. Lucie County, Florida November 6, 2012 PHASE 1 — DRAINAGE BASIN STUDY Inwood will perform the following scope of engineering services: 1. General Tasks: 1.1. Project Management 1.2. Coordination of Subconsultant work —Surveying and Geotechnical 1.3. Project progress meetings - assume 3 during the course of work 1.4. Monthly status reports — assume 6 month duration 2. Drainage Analysis including: 2.1. Data collection and field reviews to support existing conditions analysis — assume 3 field reviews 2.2. Modeling to support hydrologic analysis of existing conditions. 2.3. Verification event modeling to calibrate the model for a real world event. Tropical Storm Isaac will be used as verification event. 2.4. Evaluate Alternative Corrective actions to resolve the bank instability issues — assume up to 3 alternatives 2.5. Preparation of Draft Technical Memorandum including results of existing and alternatives analysis. 2.6. Technical meeting to discuss draft technical memorandum and County comments. 2.7. Preparation of Final Technical Memorandum (minor revisions based on County review of Draft Tech Memo). 2.8. Subconsultant surveying services to support the above tasks will be provided by Southeastern Surveying and Mapping Corporation (SSMC) per their fee proposal attached as Exhibit "C". 2.9. Subconsultant geotechnical services will be provided by Dunkelberger Engineering & Testing, Inc. (DET) per their fee proposal attached as Exhibit "C". PHASE 2 — INTERIM SOLUTION DESIGN Inwood will perform the following scope of engineering services: 1. General Tasks: 1.1. Project Management 1.2. Coordination of Subconsultantwork — Surveying, Geotechnical & Structural 1.3. Project progress meetings - assume 3 (included with the Phase 1 meetings) 1.4. Monthly status reports — assume 4 month duration 1.5. Field reviews — assume 2 1.6. Contact and Consult with erosion control manufacturer representatives and contractors specializing in stabilization and erosion control. 2. Roadway Plans: 2.1. Identify critical areas (assumes 6 critical areas) for Interim Repairs 2.1.1. Plan Sheets identifying locations of repair will be prepared (anticipate 6 plan sheets) 2.2. Develop typical sections for treatment and stabilization of critical areas 2.2.1. Typical Section and Detail Sheets will be prepared (anticipate 3 typical sheets) 2.3. Develop 60%, 90% and Final Plans and Cost Estimates for Interim Repairs that may contain the following types of drawings: 2.3.1. Key Sheet with location map 2.3.2. Summary of Quantities and Pay Items Sheet 2.3.3. Project Layout Sheet hwood sonsefpng engineers Proposal for Verada Ditch St Lucie County, Florida ExhibitA— Page 3 of 4 November 6, 2012 2.3.4. Typical Sections and Details Sheets 2.3.5. Plan Sheets 2.3.6. Structural Sheets (as necessary) 2.3.7. Engineer's Construction Cost Estimate 2.4. Develop project specifications for bidding purposes. 2.4.1. Section 300 bid specifications will be prepared at the 90% and Final submittals. 2.5. Subconsultant surveying services to support the above tasks will be provided by Southeastern Surveying and Mapping Corporation (SSMC) per their fee proposal attached as Exhibit "C". 2.6. Subconsultant geotechnical services will be provided by Dunkelberger Engineering & Testing, Inc. (DET) per their fee proposal attached as Exhibit "C". 2.7. Subconsultant structural design services will be provided by Florida Bridge and Transportation, Inc. (FBT) per their fee proposal attached as Exhibit "C". Utilities 3.1. Utility coordination will be completed for the project to confirm the location of any identified utilities and the need for any utility adjustments. 3.2. Utility coordination efforts will consist of sending plans to identified utility owners for review and markups. Plans will be sent to utilities at each design plan submittal (60%, 90% and Final). Environmental Permits 4.1. Meet with SFWMD to discuss Interim Design and confirm permit exemption. 4.2. Meet with the City of Port St. Lucie to discuss project and any permitting requirements. Post Design Services 5.1. Attend Pre -bid Conference 5.2. Respond to Bidders questions and issue revisions as necessary 5.3. Review bids and make recommendation to County for award 5.4. Attend Pre -Construction Meeting 5.5. Construction Services 5.5.1. Potential Shop Drawing Review 5.5.2. Contractor RFI response 5.5.3. Site Visits (assume 4 visits) 5.5.4. Consulting during construction The consultant should note the following procedures to be adhered to during the contract. 1. Existing plans, permits, reports will be used to supplement the modeling efforts where survey information is not available. 2. Given the complex interconnectivity of canals within the project area, it is assumed that boundary conditions for the Hydrologic and Hydraulic modeling efforts would need to be created at key locations to reduce the overall project area for the study. 3. At a minimum, the following maps will be prepared as part of the technical memorandum: Project Vicinity Map, Project Site Map, Infrastructure Map, Topographical Map, Ownership Map, Soils Map, Land Use Map, FEMA Floodplain Map, Subbasin Map, Model Node — Link Network Map and Conceptual Alternative Improvement Maps. 4. Phase 1 project deliverables will include three (3) copies of the draft and final technical memorandums. Inwood J coneultlng engineers Proposal for Verada Ditch St. Lucie County, Florida Exhibit A— Page 4 of 4 November 6, 2012 5. Computer files of the final documents in the working format will be provided to the County on a CD-ROM (i.e. PDF of final technical memorandum, Cost Estimates — Microsoft Excel format, Project Photos, etc.). 6. This scope of services has assumed that the consultant will not be involved in any public involvement meetings during the duration of the project. 7. Engineering services related to environmental assessments; mitigation plans; or survey of any jurisdictional wetlands are not included in this proposal. 8. All the survey work shall be done in accordance with Chapter 61 G-17, Florida Administration Code, The Minimum Technical Standards of Land Surveying Code, the Minimum Technical Standards of Land Surveying in the State of Florida as adopted by the Florida State Board of Land Surveyors. The survey notes and sketches may be used as evidence in court and will represent a legal and official documentation of the area; therefore, all work and information provided shall be correct and accurate in order to comply with the certification now required of a professional surveyor. Vertical Datum is NAVD 1988. 9. It is assumed that a formal permit exemption determination will be required from the SFWMD. Permit exemption application fees are not included in this proposal and shall be provided by the County. ►nwo?TwllsutGng ¢�glneere. r;lnw `!` •`k!! {§_ !{§ ° )k) ;{) I,I,� !. ,!�!, !! wi, !! § ! f! § ;§!!() )\§j)! ;„a Proposal for Verada Ditch St. Lucie County, Florida Exhibit C December 27, 2OI2 EXHIBIT C SCHEDULES 1. Drainage Basin Study a. Notice to Proceed — February 5, 2013 b. Draft Model Results — July 19, 2013 c. Draft Technical Memorandum — August 23, 2013 d. Final Technical Memorandum & Deliverables — Sept. 27, 2013 2. Interim Solution Design a. Notice to Proceed — February S. 2013 b. 60% Plans & Deliverables — March 22, 2013 c. 90% Plans & Deliverables — April 12, 2013 d. Final Plans & Deliverables — April 26, 2013 Inwood nansuldng.englnsem TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division KB Home Treasure Coast, LLC See attached memorandum. N/A PREVIOUS ACTION: See attached memorandum ITEM NO. VI-E2 DATE: 2/5/13 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Michael Powley, P.E. County Engineer 100 RECOMMENDATION: Board approval of the conditional acceptance of the off -site improvements within McNeil Road right-of-way and the Maintenance Agreement, release surety in the amount of $133,820.20, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures i County Attorney (x) f /4 Finance (x ) Daniel McIntyre Shai Frances Originating Dept. (x) Dc ald West Road/Bridge (x) n P&ley kbhomes conditional acceptance release of surety.ag County Engineer (x) M+c ��Mihael Powley County Surveyor (x) �w Ronald Harris Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director N��A FROM: Michael Powley, County Engineer Mvp DATE: February 5, 2013 SUBJECT: KB Home Treasure Coast, LLC ITEM NO. VI-E2 Backaround: KB Home Treasure Coast, LLC, the developer of McNeil Farms, received site plan approval from the City of Ft. Pierce on November 7, 2005. This project is located approximately 900 feet south of Okeechobee Road. The development abuts both Jenkins Road and McNeil Road on the west and east sides, respectively. The following conditions of approval were incorporated into the development order: (a) construct a right turn at the project entrance on McNeil Road; (b) construct right and left turn lanes at the project's entrance on Jenkins Road; (c) construct a five-foot sidewalk along McNeil Road and a five-foot sidewalk along Jenkins Road; (d) and donation of additional right-of-way for Jenkins Road and McNeil Road via the proposed plat. However, the developer's approval expired, the plat was never recorded and the additional right-of-way was not dedicated rendering the constructed sidewalks unusable. Rather than complete them, the developer has agreed to remove the incomplete improvements on Jenkins Road. This item will be addressed by a separate agreement (Item No. VI-132). The developer's engineer submitted a certification for the only acceptable constructed improvement, the McNeil Road turn lane, on January 2, 2013 (Attachment "A" ). Staff initiated a site inspection shortly before the Christmas holiday. The developer has executed the Maintenance Agreement. (Attachment "B"). Staff has reviewed the written documentation and found it to be acceptable. Previous Action: May 23, 2006 - Board approved Road Improvement Agreement. March 18, 2008 - Board authorized the release of original bond and accepted the replacement bond. January 5, 2010 - Board approved First Amendment to the Road Improvement Agreement. Recommendation: Board approval of the conditional acceptance of the off -site improvements within McNeil Road right-of-way and the Maintenance Agreement, release surety in the amount of $133,820.20, and authorization for the Chairman to sign documents as approved by the County Attorney. ATTACHMENT "A" %�lENGINEERING DESIGN & CONSTRUC'TION3, INC. 1934 Tucker Court Fort Pierce, FL 34950 phone:772-462-2455 fax:772-462-2464 January 2, 2013 Mr. Michael Powley Virginia Avenue Ft Pierce, FL 34950 Subject: Re: McNeil .Road Turn Lanes — Ft. Pierce, FL . Certification of Completion Dear Mr. Powley, File # 12-206 This letter is to certify that the south bound, right-hand turn lane into the previously named Neil Farms Subdivision is complete and in general conformance with the plans and specification provided by our office. Determination to certify is based upon on -site observation of construction conducted by myself or by my project representative under my direct supervision for the purpose of determining if the work proceeded in compliance with the plans and specifications, and review of test results and as -built surveys provided by the contractor. The site improvements have been completed in accordance with the American with Disabilities Act requirements which were in effect when the site QJq f,was approved by the City of Fort Pierce, WWI =17,101" Sen Eng Inc. Engineering Design & Construction, Inc. McNeil Road Turn Lanes 12-206 January 2, 2013 ATTACHMENT "B" MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into this 15th day of January 2013, by and between KB HOME TREASURE COAST, LLC, (the "Developer") and ST. LUCIE COUNTY, FLORIDA, apolitical subdivision of the State of Florida (the "County"). WITNESSETH: WHEREAS, the Developer intends to construct turn lanes and drainage improvements (the "Improvements") and convey ownership and maintenance responsibility to the County; and WHEREAS, as a condition for the acceptance of the Improvements by the County, the Developer has agreed to post security in a form acceptable to the County Attorney in the amount of fifteen percent (15%) of the approved cost of the Improvements for a period of at least one (1) year and thirty (30) days from the date of conditional acceptance of the Improvements by the County. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. SECURITY. The Developer agrees to provide the County with security in a form acceptable to the County Attorney, in the amount of Twenty thousand Seventy- three dollars and three cents ($20,073.03), representing fifteen percent (15%) of the cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer and as are more particularly set forth on those certain plans for construction improvements drawn by the Developer's engineers, Engineering Design and Construction, Inc. dated May 5, 2006. This amount shall be retained for a period of one (1) year and thirty (30) days from the date of conditional acceptance as described below to provide for maintenance of the Improvements to be dedicated to the public and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 2. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 3. CONDITIONAL ACCEPTANCE. Upon completion of the construction of the Improvements, the Developer's engineer shall certify that the Improvements have been constructed in accordance with applicable County requirements. When the improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all required improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County i Commissioners and recommend that the Improvements be conditionally accepted. 4. RELEASE OF SECURITY. One year from the date the Improvements are conditionally accepted by the Board of County Commissioners, the Developer shall contact the County Engineer for a joint inspection with the Developer's Engineer. If deficiencies appear, the Developer shall correct all deficiencies in an approved manner, except those damages that are not a result of design or construction deficiencies. If the required corrective action cannot be completed by the one year and 30 day expiration date, the County may so notice the Developer that the required security will not be released until all necessary corrective actions have been completed and approved by the County. When all corrections have been made, the County Engineer shall so inform the Board. The Board of County Commissioners shall then act on release of remaining development security, and final acceptance of the Improvements. 5. INTERPRETATION: VENUE. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. (THE NEXT PAGE IS THE SIGNATURE PAGE) 2 IN WITNESS WHEREOF, the parties have caused this agreement to be made and entered into the day and year first written. WITNESSES: 17� I`►Y IR TITLE: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ROADMAIWAOMfi NFFORMA. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works/Engineering Division SUBJECT: Repairs of South 25" Street Bridge BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A ITEM NO. VI-E3 DATE: 2/5/13 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Michael Powley, P.E. County Engineer / p PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of the repairs of South 251" Street Bridge Over Ten -Mile Creek Southbound Lanes. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA__ County Administrator, ICMA-CM (�, Coordination/Signatures County Attorney (x) GJ - OMB Director (x ) Daniel McIntyre Budget Analyst Marie Gouin Originating Dept. (x) Dopald West S. 25P Bridge Repairs accept project.ag County Engineer (x) my Michael Powley Engineering Division TO: Board of County Commissioners THROUGH: Donald West, Public Works Directo - FROM: Michael Powley, County Engineer X0 DATE: February 5, 2013 SUBJECT: Repairs of South 251h Street Bridge ITEM NO. VI-E3 Background: The construction of the South 25th Street Widening Project (Midway Road to Edwards Road) began in 2005. The construction of the bridge at Ten -Mile Creek was completed in two phases: an east half and a west half, with both halves experiencing significant soil -related issues. The contractor repaired the east half (northbound side) of the bridge during construction at no charge to the County. The west half (southbound side) also experienced excessive settlement and the need of future repairs were planned. Reynolds, Smith and Hills was retained to evaluate the settlement and design suitable repairs. This project was awarded to a local contractor, PRP Construction Group, in May 2012. The project has been constructed per plan and per specification. Staff monitored the construction throughout and finds it acceptable. Previous Action: December 22, 2009 - Board acceptance of the SR 615 S. 25" Roadway Widening project, approval of Change Order No. 17, release retainage, make final payment to Dickerson Florida in the amount of $1,506,510.42; approval of the Sixth Amendment to Work Authorization No. 1 with Kimley-Horn in the amount of $74,300. February 16, 2010 - Administrative approval of Work Authorization No. 1 with RS&H in the amount of $24,947.81 for design of the Repairs of South 251h Street Bridge Over Ten -Mile Creek Southbound Lanes. January 3, 2012 - Board approved to reject all bids and to rebid the Repairs of South 25th Street Bridge Over Ten -Mile Creek Southbound Lanes. May 1, 2012 - Board approval of bid award to PRP Construction Group, LLC in the amount of $67,153 for Repairs of South 25th Street Bridge Over Ten -Mile Creek Southbound Lanes. Recommendation: Board acceptance of the repairs of South 25th Street Bridge Over Ten -Mile Creek Southbqund Lanes. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works/Engineering Division SUBJECT: Weatherbee Road Sidewalk BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 318-4113-563000-470 Road Bond ITEM NO. VI-E4 DATE: 2/5113 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Michael Powley, P.E���� County Engineer �NV�t PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Capital Improvement Request CIP 13-037 and authorization to move funds in the amount of $57,164 from the available $16,068,890 Road Bond to the project accounts. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA ICMA-CM County Administrator County Attorney (x) a— Coord ination/Sig natu res OMB Director Budget Analyst Daniel McIntyre Originating Dept. (x) Dopald West Weatherbee Sidewalk milestone & det funding. ag (x) /Z�D Marie Gouin County Engineer (x) jWyp Michael Powley Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Directo ". FROM: Michael Powley, County Engineer MVP DATE: February 5, 2013 SUBJECT: Weatherbee Road Sidewalk ITEM NO. VI-E4 Background: The Board awarded the Weatherbee Road Sidewalk project to Dickerson Florida on April 3, 2012. Milestone Construction Group oversees the Construction Management of the project for the County. Dunkelberger Engineering & Testing has been assigned Construction Materials Testing services. The construction of the project's improvements has gone well and is nearing completion. However, to reach that goal, additional funds are necessary for Construction Management and Construction Materials Testing consultants. Second Amendment to Work Authorization No. 2 (C09-06-296) with Milestone Construction Group in the amount of $47,164 brings the total for Construction Management to $223,585. Additional funds are needed because the contractor has been fielding multiple construction crews which we did not anticipate. Additional inspectors have been necessary. Further, a new scope of work was added for storm drainage improvements in front of Coggin Honda. First Amendment to Work Authorization No. 51 (C07-07-454) with Dunkelberger Engineering & Testing in the amount of $9,970 brings the total for Construction Materials Testing to $45,960. Above average rainfall, including Tropical Storm Isaac, created the need for rework and resulted in a general slowdown in productivity. Many areas had to be re -inspected and retested due to the damage that occurred from rainfall. Additional testing at our request absorbed portions of the material testing budget and an additional scope of work to include storm drainage improvements in front of Coggin Honda was added to our project. Previous Action: April 3, 2007 - Grant application to FDOT — Safe Routes to School Program. May 13. 2008 - Change of the funding schedule from FY 09/10 to FY 10/11 for optimal use of grant funding. March 3, 2009 - Local Agency Program (LAP) Agreement #423197-1-38-01 in the amount of $163,000 for the design and Commission Resolution #09-055. December 15, 2009 - Board approval to advertise for RFQs for Weatherbee Road sidewalk design. October 4, 2010 - Board approval to enter LAP agreement for construction. December 6, 2011 - Board approval of Work Authorization No. 2 with Milestone Construction Group, LLC for Construction Management services in the amount of $176,421 for the Weatherbee Road Sidewalk project. January 17, 2012 - Board approval to reject all bids and rebid the Weatherbee Road Sidewalk project. Engineering Division Memorandum Agenda Item VI-E4 Page 2 February 5, 2013 April 3, 2012 - Board approved bid award (12-014) to Dickerson Florida Inc. in the amount of $1,667,151 for Weatherbee Road Sidewalk construction. Recommendation: Board approval of Capital Improvement Request CIP 13-037 and authorization to move funds in the amount of $57,164 from the available $16,068,890 Road Bond to the project accounts. ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY ITEM NO. VI-EF5 DATE: 2/5/2013 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West SUBMITTED BY: Public Works - Administration Public Works Dire tob r SUBJECT: St. James Drive Sidewalk Phase 2 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101221-4115-563000-094601; Infrastructure PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Budget Resolution No. 13-012 establishing the fund for the Florida Department of Transportation Joint Participation Agreement for St. James Sidewalk Phase 2 project in the amount of $381,000 as outlined in the attached memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. ( ) APPROVED ( ) DENIED ( ) OTHER Coordination/Sio natu res CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM County Attorney (X) 01/ OMB Director (X) R Budget Analyst Dan McIntyre Marie Gouin Originating Dept. (X) O ERD ( ) Don qd B. West Karen Smith Public Works Administration MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director' DATE: February 5, 2013 SUBJECT: St. James Drive Sidewalk Phase 2 ITEM NO. VI-E5 Background: The attached Budget Resolution No. 13-012 establishes the fund for St James Drive Pedestrian Bicycle Pathway Phase 2 project. The County received construction funding, through a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT), in the amount of $381,000. Even though there is no County match required in the JPA, the cost over and above the JPA funding is the sole responsibility of the County. The total construction cost is approximately $487, 000. The St James Drive Phase 2 project consists of an eight foot wide sidewalk on the east side of St. James Drive from the Oxbow Eco Center south to the southern entrance of NE Lazy River Parkway a distance of .956 miles. The County funded design through the Transportation Trust - Impact Fees. Previous Action: June 16, 2009 — Approval to submit grant application to Florida Department of Transportation for St. James Sidewalk Phase 2 May 11, 2010 — Board approval of JPA No. 427660-1-58-01 with FDOT in the amount of $381,000 for St. James Drive Sidewalk Phase 2 Recommendation: Board approval of Budget Resolution No. 13-012 establishing the fund for the Florida Department of Transportation Joint Participation Agreement for St. James Sidewalk Phase 2 project in the amount of $381,000 as outlined in this memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. RESOLUTION NO. 13-012 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation in the amount of $381,000 for the construction of pedestrian and bicycle pathway on St. James Drive. 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 5th day of February, 2013, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2012-2013, and the County's budget is hereby amended as follows: REVENUE 101221-4115-334492-094601 APPROPRIATIONS 101221-4115-563000-094601 FDOT— Transportation Roads Infrastructure After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman Commissioner Frannie Hutchinson, Vice Chair Commissioner Chris Dzadovsky Commissioner Paula Lewis Commissioner Kim Johnson PASSED AND DULY ADOPTED THIS 5TH DAY OF FEBRUARY 2013. XXX XXX XXX XXX XXX $381,000 $381,000 ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY. FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY tOdCT F St James Drive Sidewalk Phase 2 tPi(SJEGT# 094601 x k —,- -� Y t x `r i � �. .'3, ..,� �, � it ..r,� _ i � 't `.. 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" �{ � n� _r-€ s r c r 2 r�Z i[* ;s_-�".i'2 t' F -, s� 'rEs�"� T'4 Aim �lue5td' so a eels as n assa other^' �oP�'a �ri418 �`�'� �� G UDO 1i �FT��- 'STD E• �B A1fE Iin1q'beeW"Pg�1tt411�c`q..- 5`°` a t~}. s 6 sib +h x H "r " 2 .-' yi -yis i<'i. m v=`.'Htunaf£d q erat jm ch 'rss-''` 3*Q`-;aT, d z .� P i P� sb. '�-ate" Misr csa Rc z Y ert rt r r . fi, C x i - Ti'x-., '. `' t Y`s % �c at r j 1 s e r x y1 u a s� WE I 3 �� _ �GOUIS[Y;'# 101221 >} c 4115 -'r . 563000 �' k 094601 S } v?j? `i::F AGENDA REQUEST ITEM NO. VI-F1 DATE: 2/5/2013 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski SUBMITTED BY: Community Services/Housing Division Housing Manager SUBJECT: Approval of Budget Resolution #13-013 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 185013-5420-335510-500 — SHIP FY 2012-2013 PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Resolution #13-013 and authorization for the Chairman to sign the resolution as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM f� Coordination/Signatures County Attorney (X) �/ Management & ( X ) a/ Budget Daniel S. McIntyre Community (X) Services L Beth Ryder Department of Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director a 6' j FROM: Diana Wesloski, Housing Manager Pl� DATE: February 5, 2013 SUBJECT: Approval of Budget Resolution #13-013 ITEM NO. VI-F1 Background: Florida Housing administers the State Housing Initiatives Partnership Program (SHIP), which provides funds to local governments as an incentive to create partnerships that produce and preserve affordable homeownership and multifamily housing. The program was designed to serve very -low, low and moderate income families. SHIP funds are distributed to all 67 counties and 53 cities in Florida. History of SHIP funds received by St. Lucie County: FY 2008-09 $731,610 FY 2009/10 $106,259 (SHIP program was not funded by State Legislature) FY 2010/11 $ 00.00 (SHIP program was not funded by State Legislature) FY 2011/12 $103,834 (SHIP program was not funded by State Legislature) FY 2012/13 $ 28,439 (SHIP program was not funded by State Legislature) The Florida Housing Finance Corporation Board of Directors is disbursing approximately $7.4 million in SHIP funding for 2012-2013 from recovered deobligated disaster funds, which have been allocated according to the population formula and considered for use during the State Fiscal Year 2012-2013. The funds are governed by all SHIP program guidelines. The distribution of SHIP funds for FY 2012-2013 to the unincorporated area of St. Lucie County is $28,439. At this time, it is necessary to approve budget resolution #13-013 to allocate the funds which were not available at the time of the adoption of the FY13 budget. Recommendation Board approval of Budget Resolution #13-013 and authorization for the Chairman to sign the resolution as approved by the County Attorney. Attachment: Budget Resolution No. 13-013 SHIP Program Allocation FY 2012/2013 RESOLUTION NO. 13-013 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 U. S. Dept. of Housing and Urban Development in the amount of $28,439 for the SHIP Program. 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 5th day of February, 2013, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2012-2013, and the County's budget is hereby amended as follows: REVENUE 185013-5420-335510-500 Florida Housing Finance Agency $28,439 APPROPRIATIONS 185013-5420-583000-500 Other Grants and Aids $28,439 After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Frannie Hutchinson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED THIS 5TH DAY OF FEBRUARY 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA M CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY SHIP PROGRAM ALLOCATION FY 2012/2013 COUNTY/ E CDBG CITIES ,TQTAI,�COUNTcY ?ALLOCATtION f -COUNTY SHARE./ „CITY SHARE - PINELLAS 360,086 190,846 Clearwater 42,274 Largo 30,427 St. Petersburg 96,539 POLK 237,796 185,980 Lakeland, 38,404 Winter Haven 13,412 PUTNAM 30,425 30,425 ST. JOHNS 76,938 76,938 ST. LUCIE 110,660 28,439 Ft. Pierce 16,533 Port St. Lucie 65,688 SANTA ROSA 62,209 62,209 SARASOTA 150,390 129,832 Sarasota 20,558 SEMINOLE 167,445 167,445 SUMTER 39,146 39,146 SUWANNEE 25,000 25,000 TAYLOR 25,000 25,000 UNION 25,000 25,000 VOLUSIA 194,965 137,411 Daytona Beach 24,020 Deltona 33,534 WAKULLA 25,000 25,000 WALTON 25,194 25,194 WASHINGTON 25,000 25,000 Total 7,481,250 7,481,250 ITEM NO. VII-A DATE: 02/05/13 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING M LEG. ( ) QUASI -JD M CONSENT () TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton Wilson SUBMITTED BY: Planning and Development Services Senior PlanneW Department- Planning Division SUBJECT: Ordinance 13-004 — Future Land Use Map Amendment (FLUMA) for Hayhurst - Larsen from RU (residential Urban — 5 du/acre) to COM (Commercial). BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: January 17, 2013 — The Planning and Zoning Commission recommended approval by a vote of 6 to 1. RECOMMENDATION: Board approval of Ordinance 13-004 for a change in Future Land Use from RU (Residential Urban — 5 du/acre) to COM (Commercial). COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM COO RD I NATI O N/SIGNATURES County Attorney (X) County Surveyor ( ) Daniel S. McIntyre Ron Harris County Engineer ( ) ERD (X ) Michael Powley <ar mith Originating Dept. (X) OMB ( ) Mark Satteriee Marie Gouin Hearing Date: Thursday February 5, 2013 Applicant Shawn Hearing 738 NE Prima Vista Blvd Port St. Lucie, FL34953 Agent Brad Currie Land Design South 501 SE Port St. Lucie Blvd Port St. Lucie, FL 34984 (772)871-7778 Existing Zoning District RS-4 (Residential Single- Family--4 du/acre) Future Land Use Request Proposed Future Land Use Map Amendment from RU (Residential Urban - 5 du/ acre) to COM (Commercial) to allow for the future rezoning of the subject properties to CO (Commercial Office) or CN (Commercial Neighborhood) Staff Britton DeWitt Dewittb@stlucieco.org (772)462-1582 File Numbers FLUMA - 520124446 FLUMA - 720124464 AGENDA ITEMS VII-A & VII-B Shawn Hearing, Hayhurst and Larsen Small-scale Future Land Use Map Amendments Shawn Hearing, Hayhurst& Larson FLUMAs wwre Lena Use FLUMA-520124446 & FLUMA-720124464 RUCPUB ' g d PRJW WSTABLVa RU G �j i RU %PU8 R11 ® Subied pmpenies(3) COM- Commercial N CPUB - Conservation Public r- r50a'combl.w notifiraogn area RU- Residential Urban (5 dufac) - - - Location: 738, 761 and 763 Prima Vista Boulevard, River Park Community Project Description Shawn Hearing is requesting two peti- tions. Both are amendments to the Fu- ture Land Use Map from RU (Residential Urban - 5 dwelling units / acre) to COM (Commercial). Shawn Hearing's parcel is located to the west at 738 NE Prima Vista and is .65 acres. The other two par- cels to the north are individually owned by Richard Hayhurst and Wayne Larsen and together are .55 acres. The applica- tions are being processed in conform- ance with the River Park Community Overlay Zone, Section 4.02.00 of the Land Development Code. Background The purpose of the two petitions is to allow for the future rezoning to CO (Commercial Office) or CN (Commercial Neighborhood) which allow for uses that support the surrounding neighborhood. The intended use for Mr. Hearing's prop- erty is commercial office use. Nothing is proposed at this time for the two northern parcels but they may request a change in zoning to allow CO and CN uses. Neighborhood Meeting The applicant also held a neighborhood meeting on September 19, 2012 that was attended by over 30 residents. Staff Recommendation Staff recommends approval of both of the proposed small-scale Future Land Use Map Amendments (Ordinance 13- 003 and Ordinance 13-004). Planning and Zoning Commission Recommendation Voted in favor of both proposals in ad- dition to a recommendation that the Board direct staff to revisit the River Park Community Overlay Zone (Section 4.02.00 of the Land Develop- ment Code) to determine how best to accommodate a transition from resi- dential to commercial uses on Prima Vista Boulevard. Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director FROM: Britton Wilson, Senior Planner DATE: February 5, 2013 SUBJECT: Ordinance 13-004 — Future Land Use Map Amendment (FLUMA) for Hayhurst - Larsen from RU (Residential Urban — 5 du/acre) to COM (Commercial). ITEM NO. VII-A This small-scale Future Land Use Map Amendment (FLUMA) is being processed concurrently with the Shawn Hearing small-scale FLUMA, item No. VII-B. BACKGROUND: Shawn Hearing is proposing a small-scale amendment to the Future Land Use Map from RU (Residential Urban — 5 du/acre) to COM (Commercial) for two parcels that are individually owned by Richard Hayhurst and Wayne Larsen, which together total .55 acres in size. This item is not being processed with a concurrent rezoning. If the proposed FLUMA is approved, the applicant must then return to the Board with a request to amend the Official Zoning Atlas prior to a change in use of the property from residential to commercial. The purpose of this petition is to allow for the future rezoning to CO (Commercial Office) or CN (Commercial Neighborhood) which allow for uses that support the surrounding neighborhood. The subject properties are located at 761 and 763 Prima Vista Boulevard within the River Park Community Overlay Zone as identified in Section 4.02.00 of the LDC. The proposed amendment is being processed in conformance with this overlay zone, which provides for greater regulation than other areas of the County. Staffs analysis indicates that the proposed COM Future Land Use designation in this area is consistent with the St. Lucie County Comprehensive Plan and the regulations of the River Park Community Overlay Zone in the Land Development Code. The subject property is under an acre in size restricting rezoning of the property to CO and CN only, CG (Commercial General) is not permitted, therefore the proposed amendment is compatible with the surrounding residential neighborhood. PREVIOUS ACTION: January 17, 2013 — The Planning and Zoning Commission recommended approval by a vote of 6 to 1 in addition to a recommendation that the Board direct staff to revisit the River Park Community Overlay Zone (Section 4.02.00 of the Land Development Code) to determine how best to accommodate a transition from residential to commercial uses on Prima Vista Boulevard. Board of County Commissioners Ordinance 13-004 Hayhurst -Larsen FLUMA February 5, 2013 Page 2 RECOMMENDATION: Board approval of Ordinance 13-004 for a change in Future Land Use from RU (Residential Urban — 5 du/acre) to COM (Commercial). 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ORDINANCE NO. 13-004 Formerly 12-022 FILE NO.: FLUMA - 720124464 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR TWO ADJACENT PARCELS OF LAND TOTALING 0.53 ACRES (MOL) OWNED BY HAYHURST AND LARSEN, FROM RU (RESIDENTIAL URBAN — 5 DU/ACRE) TO COM (COMMERCIAL); PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. 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: Brad Currie, a representative for Richard and Lucia Hayhurst and Wayne and Beverley Larsen, has filed a petition for an amendment to the adopted Comprehensive Plan Future Land Use Map for two adjacent parcels of land totaling 0.53 acres (more or less) located at 761 and 763 Prima Vista Boulevard, from RU (Residential Urban — 5 du/acre) to COM (Commercial) with St. Lucie County, Florida, in accordance with Chapter 163, Florida Statutes; and 2. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida Statutes, is authorized and empowered to consider amendments to the adopted Comprehensive Plan of St. Lucie County; and 3. On January 17, 2013 the St. Lucie County Planning and Zoning Commission/Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie News Tribune and notifying by mail all owners of property within 500 feet of the subject property, and recommended to the Board of County Commissioners that the petition for Future Land Use Map Amendment for Richard and Lucia Hayhurst and Wayne and Beverley Larsen be approved; and 4. On February 5th, 2013, the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed in the St. Lucie News Tribune and notifying by mail all owners of property within 500 feet of the subject property, and deemed the adoption of the amendment to the Comprehensive Plan to be/not to be in the best interests of the citizens and residents of the County. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Ordinance No. 13-004 File No.: FLUMA-720124464 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. AMENDMENT TO FUTURE LAND USE DESIGNATION The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan for the two parcels described in Exhibit "A," attached hereto, containing 0.53 acres more or less, located at 761 and 763 NE Prima Vista Boulevard, from RU (Residential Urban — 5 du/acre) to COM (Commercial), as depicted in the attached Exhibit "B." FINDING OF CONSISTENCY The Board of County Commissioners of St. Lucie County, Florida, specifically determines that the approval of this amendment to the adopted Comprehensive Plan Future Land Use Element is internally consistent with the goals, objectives and policies contained in the St. Lucie County Comprehensive Plan and provides for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time as a Final Development Order for development on this property is issued. C. CHANGE TO FUTURE LAND USE MAP The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause this change to be made in the Future Land Use Map of the Future Land Use Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. D. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable as stated in Paragraphs A, B and C. G. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Ordinance No. 13-004 File No.: FLUMA-720124464 Page 3 H. FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY The Planning and Development Services Director shall send a certified copy of this Ordinance to the Department of Economic Opportunity Bureau of Community Planning Caldwell Building 107 East Madison Street, MSC 160 Tallahassee, FL 32399. I. EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10), Florida Statutes. J. ADOPTION After motion and second, the vote on this Ordinance was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula Lewis, Commissioner XXX Kim Johnson. Commissioner XXX PASSED AND DULY ADOPTED this 5th day of February, 2013. ATTEST Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA m Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance No.13-004 File No.: FLUMA-720124464 Page 4 Exhibit "A" LEGAL DESCRIPTION 761 NE Prima Vista Boulevard - Hayhurst LOT 11, BLOCK 25, RIVER PARK UNIT 3, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 80, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA 763 E Prima Vista Boulevard - Larsen ALL OF LOT 12, BLOCK 25, RIVER PARK, UNIT-3 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 80 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA SAID LANDS LYING IN ST. LUCIE COUNTY. FLORIDA. 119 Exhibit "B" FUTURE LAND USE MAP PRIMA Ordinance No.13-004 File No.: FLUMA-720124464 Page 5 Exhibit "C" CONCURRENCY DEFERRAL AFFIDAVITS S4Las)c lraupiy- ' Cancurrnpsyi3otpr`til;A(�dpvit J, 19tCHA_461H !7Jrmdld14PJ'4"b4sip O tA16:2 Vf ;7e. 1#Sfl Eire M' i 9iri.` r19iSY: _ day t Lip:. r - irAvx eppliad Porn i<am $f,T.usia f,oumr tivrtdn, ... oPbevelopmh7t d Y - Tol'iNC lvllnwing�tojNEt; _IVlr�lt_1 .. N tT aLptupox815e+claprheat 1. dphprsky-altirm thatiia conaeetiap1aillianyappl'lapilaP tY tllm>ib9Xti RtpJPst' ; l h�.+:lcclad to defer7h6 �adifleata tli';"iiapsoiry. anE !itscdMian )Sl`�gpavity rn pu$l'ic 11hab fat }ha AhA�'i:--. PNpo13y apll) a 1a4f1 ! tltex b'a4 rya 1eteY.lhary ihv.pPplfe§tjPtY for p ton, 00Y4opm4hi'Rulat.f6r1*, cams Pmpsrty:. 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Pierce, FL 34982 Applicant Shawn Hearing 738 NE Prima Vista Blvd Port St. Lucie, FL 34953 Agent Brad Currie Land Design South (772)871-7778 Existing Zoning District RS-4 (Residential Single - Family - 4 du/acre) Future Land Use Request Proposed Future Land Use Map Amendment from RU (Residential Urban - 5 du/ acre) to COM (Commercial) to allow for the future rezoning of the subject properties to CO (Commercial Office) or CN (Commercial Neighborhood) PUBLIC HEARING NOTICE Tuesday, February 5, 2013 Shawn Hearing, Hayhurst and Larsen Small-scale Future Land Use Map Amendments Shawn Hearing, Hayhurst & Larson FLUMAs Future land Use FLUMA-520124"6 & FLUMA720124464. CPUB" :" :,600' combined notification area. (s Location: 738, 761 and 763 Prima Vista Boulevard, River Park Community Project Description Shawn Hearing is requesting two peti- tions. Both are amendments to the Fu- ture Land Use Map from RU (Residential Urban - 5 dwelling units / acre) to CO (Commercial). Shawn Hearing's parcel is located to the west at 738 NE Prima Vista and is .65 acres. The other two par- cels to the north are individually owned by Richard Hayhurst and Wayne Larsen and together are .55 acres. The applica- tions are being processed in conform- ance with the River Park Community Overlay Zone, Section 4.02.00 of the Land Development Code. Background The purpose of the two petitions is to allow for the future rezoning to CO (Commercial Office) or CN (Commercial Neighborhood) which allow for uses that support the surrounding neighborhood. The intended use for Mr. Hearing's prop- erty is commercial office use. Nothing is proposed at this time for the two northern parcels but they may request a change in zoning to allow CO and CN uses. Staff Recommendation Staff recommends that the Board of County Commissioners approve both of the proposed small-scale Future Land Use Map Amendments (Ordinance 13- 004 and Ordinance 13-003). Staff Contact Please call or email comments directly to: Britton DeWitt, Senior Planner dewittb@stlucieco.org (772)462-1582 Anyone with a disability requiring ac- commodation to attend the meeting should contact the ADA coordinator at least forty-eight (48) hours prior to the meeting at: (772) 462-1546 or T.D.D (772) 462-1428 N n N M r m. N M n Vl ' N N N r O m n O 4 V m O m m � V m Vl M N t N. 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O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 emi em-I n emi N ti r N ti N ti N ti ti m m m m m m m m m m m m m m m m m m m m m m m m m m m m AFFIDAVIT COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS STATE OF FLORIDA COUNTY OF �iT �G(/ L J Ae�w Y1 f t -c r t y1 being first duly sworn deposes and states: 1. 1 am the owner or the agen for the project known as i n for the following petition: File No. S.901aygtlG1-7aOlaqqd 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 130 CC- public hearing to be conducted by the S��Gc[� c pcn.rnrssrarter f 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 I . 02-I-- a01 3 The following required documentation is attached: A. Dated Photo submitted electronically (Close up) B. Dated Photo submitted electronically (Distant) Further affiant sayeth not. Signatq e o Afflant STATE OF FLORIDA r COUNTY OF ql K The foregoing instrument was acknowledged before me this LLday of , 20� by c Said person _ is personally knowh to me, _ produced a driver's license issued a state of the United States within the last five (5) years as identification, orl:�produced other identification, to wit1 SANDY CflOGNAN. ": :° . Motary FLWIC sjite bl#(otNJ� =. n+3curom Expkai., �Qid 'poi, iotntNlutonlEFtt16 Notary Public, &ate of t,aLI tad rwa r� Typed or Printed Name of Notary Commission No.: 6e_ 41" f 2, (" My Commission expires: 2 %,;S,— Revised 3/16/2011 1 2 3 4 5 6 7 8 9 10 11 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Roger Poitras Annex, Commission Chambers, P Floor January 17, 2013 Meeting 6:00 p.m. In the event of a conflict between these written minutes and a compact disc recording, the compact disc shall control. I. CALL TO ORDER Chair Morgan called the meeting to order at 6:00 p.m. A. Pledge of Allegiance B. Roll Call Stephanie Morgan ............................ Chair Craig Mundt....................................Vice-Chair William O'Dell ....................................... Commission Member Cathy Townsend .................................. Commission Member Charles Grande .................................... Commission Member Brad Culverhouse................................. Commission Member Britt Reynolds ....................................... Commission Member Members Absent Daniel Regis ......................................... Commission Member (excused absence) Edward Lounds.................................... Commission Member (excused absence) Marty Sanders ...................................... Ex-Officio Member (excused absence) Staff Present Mark Satterlee...................................... Director of Planning & Development Services Kara Wood... ........................................ Planning Manager Heather Young ..................................... Assistant County Attorney Britton DeWitt ....................................... Senior Planner Beverly Austin ...................................... Recording Secretary C. Announcements None D. Disclosure None Il. Minutes Review of the minutes from the October 18, 2012 meeting and the November 15, 2012 no quorum meeting for approval. Chair Morgan asked if there were any additions or corrections. Mr. Mundt corrected the date of the November 15, 2012 no quorum meeting with the correction of ....items will be continued to the January 17, 2013 meeting instead of January 17, 2012. Mr. Mundt moved to approve the minutes as corrected. DRAFT Page 2 of 16 51 Mr. Grande seconded. The motion carried. 52 53 III. PUBLIC HEARINGS 54 A. Hayhurst -Larsen Properties: FLUMA-720124464 55 Petition by Shawn Hearing for an amendment to the Future Land Use Map for two 56 parcels totaling .63 acres located at 761 and 763 E Prima Vista Blvd. from the RU 57 (Residential Urban 6 du/acre) to the COM (Commercial) Future Land Use designation. 58 Staff comments and presentation by Britton DeWitt, senior planner who combined the 59 presentations of agenda items A and B but with separate public hearings and motions. 60 61 Ms. DeWitt stated that two concurrent small-scale Future Land Use Map Amendments both 62 petitioned by Mr. Shawn Hearing that are propo iTig a change from Residential Urban to 63 Commercial. We are only reviewing the proposeFuture hand Use Change. If both of these 64 proposals are approved then the applica tsmust ref rnjo the Planning and Zoning 65 commission to request a change in zoning prfor to changing the use of the property. Both 66 Future Land Use Map Amendments ar ubhc hearings and notice was published in the St. 67 Lucie News Tribune on January 4th. An aerial view was presented' of the subject properties 68 which are both located on Prima Vista BoblW rd, which is a 4-lane arterial divided highway 9 y 69 operating at an acceptable level of service Ci lem Nb I]J'A is for the two parcels located on 70 the north side of Prima Vista Boulevard owned oy f(e Hayhurst and Lairssen's. Item III-B is 71 for the parcel on the south side of Pfl ma Vista anci,is,owned by the applicant, Mr. Shawn 72 Hearing. Both parcels are locatedam tie River Park,: :Community Overlay Zone, which 73 provides for greater standards of`r�itiew'than other areas of the County. So the Hearing 74 parcel is just wesf ,of the lighted ii��tesectior of Prima Vista and Riomar Court and the 75 Hayhurst Larsep,,o'e119 4,on the not heastemtersgctton of prima vista and Lomas street. 76 And just outsid&�gfthis image to the ea t rs U 1. And'bf course all property owners had to 77 notarize an affidavit agreeingtt6the proposals. 78 79 Both of fhe subject parcels gave a future band, use designation of Residential Urban (RU) 80 whtchtlows S ;UCufs to `'e acre 'anct are questing a change in future land use to 81 Commercial. And fhe e),osest existing Commercial (COM) Future Land Use is shown here in 82 red t� the right and is apprortrately 940 feet to the east of the Larsen property and the ... 83 Heanng�foperty is appronately 6' from the Hayhurst property. This makes the Hearing 84 parcel over 1600' from the=closet eklMing Commercial future land use designation. When 85 considering�bou proncurrently, the analysis staff conducted indicates that the 86 commercial future sand u e is consistent with the Comprehensive Plan. Both amendments 87 meet policy 1.1 $jutl��'„srequires the property to be within 1,300 feet of the same or 88 greater type land uslas'sification. The amendments also meet policy 1.1.5.4 by having 89 water and wastewater `services available through PSL Utilities. And due to the restrictive 90 rezoning options to commercial office and commercial neighborhood only, the amendments 91 are considered compatible with the surrounding residential neighborhood as per 92 Comprehensive Plan table 1-3. 93 94 The permitted uses within the CO and CN zoning districts are those that typically only 95 service the surrounding neighborhoods and don't attract regional customers, which provides 96 for their compatibility with the residential area and the potential to reduce surrounding traffic 97 by capturing local trips and preventing a farther commute. Examples of such uses allowed 98 in CO and CN are banks, laundry services, hair salons, real estate offices, retail trade under Planning and Zoning Commission January 17, 2013 Minutes DRAFT Page 3 of 16 99 6,000 square feet, florists, insurance offices, health services, and travel agencies. 100 Furthermore, the River Park Community Overlay Zone specifically prohibits eating and 101 drinking places, fueling stations and drive-in facilities. So not only are gas stations not 102 permitted, but none currently exist within the River Park Community Overlay Zone. And with 103 that staff is recommending that the Future Land Use Map Amendment for the Hayhurst- 104 Larsen properties and the Hearing property both be forwarded to the Board of County 105 Commissioners with a recommendation for approval and the public hearing needs to be 106 opened and closed with separate voting for each item individually. 107 108 Chair Morgan asked if there were questions for staff 109 _ 110 Ms. Townsend stated that she would like staff to explajn`,to the residents how the applicant, ill Shawn Hearing is able to make application for the two pro'erties not in his ownership. 112 113 Ms. DeWitt stated that all property owners have signed an`aff'idavit permitting the applicant Mr. 114 Shawn Hearing to propose the petition for lqp' Use change 115 116 Ms. Townsend explained further that it is similar to how applicants`rriay hire representation from 117 an attorney to assist in the process as lign tha,affidavit. 118;.� 119 Mr. Grande reference the Prima"Vista Overlay Zone; and''stated that there v3ere properties that 120 were recommend to go to com(nerdI., Could you,tell us if these particular properties were 121 recommended for transition to commeroiah 122 r 123 Ms. DeWitt explained the difference be}ween the properties lnoated at an intersection zone and 124 a midblock zone as'defroedIn-Section tkv'Community Overlay Zone in the 125 Land Developmj�Code P"pierties located ah intersection zone are permitted to request a 126 change in zoning,tb,CO or CN, Proidblock zone such as the subject 127 properties, must firs; go throygh a Future �) and Use Map Amendment (FLUMA) prior to 128 requesting a change ih zoning to CO and CN t 129 x 130 MrA66rat5de said `so theseptoperties are no( iiientified in the overlay zone as intended to 131 eventually go to comMomal. A 132 133 Mr. Sattbtkoe stated that the overlay' ,qne identifies the midbiock zones as having an extra step; 134 I don't thin jt,rnecessaril sa}s that midblock zone properties should not be considered to go to 135 commercial If yoia are considering a midblock zone for commercial you much take these extra 136 steps which requ F° additio�ej �nalysis and that is the process we are following. 137 �� 138 Mr. Currie of Land e l rt`µ' out representing the applicant gave a power point presentation to 139 the commission. Mr. Shawn Hearing and Richard Hayhurst the owners of the properties are 140 here with me tonight. He explained the background of the property and surrounding area. Prima 141 Vista is one of two east west roadways in the city of Port St. Lucie and an emergency 142 evacuation route. Mr. Hearing and Hayhurst have been in the community for over 20 years and 143 want to stay in the community and own a business in the community. If it wasn't for the overlay 144 we wouldn't be here tonight and we would be able to go straight to requesting a rezoning. The 145 CN and CO zoning is considered compatible with the RU land use designation. This is an extra 146 step, a lengthy step and expensive step required of the overlay. The applicant has been 147 interested in changing the overlay since 2007. They were first considering revising the entire 148 overlay and thought it was the best route to go after speaking with many members of the River Planning and Zoning Commission January 17, 2013 Minutes 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 Page 4 of 16 Park Community Home Owners Association. In 2009 the River Park Home Owners association reached out to the County and asked staff to help but it was determined that other projects had higher priority. So this is an example of Mr. Hearing and the Homeowners reaching out to get help with the overlay. Mr. Currie further explained Mr. Hearings dream that he has had for many years. The overlay was adopted in 1996 and was a different roadway than it is today. It has changed greatly since 1996 and there is a need to change what the overlay zone allows. Mr. Currie went on to explain the areas surrounding average daily traffic counts from the TPO and compared them to Prima Vista Boulevard making the point that Prima Vista is a major thoroughfare with 30,000 annual average daily trips. Instead of seeing commercial uses on Prima Vista like the other high volume roads, you see residential on Prima Vista. Other Roadways with even lower average annual daily trips have commercial on both sides of the roadyO " Mr. Currie stated that the applicant held a neigh] notices were sent out and 22 people were In concerned about the proposed uses such/as gw they will only support CO and CN and we�pgppor CO and CN only. In summary we are not propo: we want to do hear such as a wellness clinic" 2 here will be those permitted under the CO and"( local businesses; these are not `out oftown guys. and we are not going against the aver"perk over) Mr. Culverhouse asked Mr. neighborhood me ting,, at,a most concern to.the,cesideiifs' Mr. Currie states CO or CN. I hav CN perm ftted and that hem But we'ate,looking at applicant F Vining and Ms. DeWitt stated;t to CG to parcels\lq minimum of 42,000 looking at less than a rezoning to CG. re the are of e. that �rfttood me6tpg on September 17r" where 100 attendance The majority of the people were stations and i" staurants. Staff has stated that ,.< � that and agree wth�that rezoning restriction to ng any uses but `e have a good idea of what d a heAhng aid offie��but whatever is placed N 'district. Theselor local owners with Ne }eve a lot of local support for this proposal ie\rdsponse you received from the the oroberty could be used for that are such as gas stations are not allowed in the objected to that is permitted in the CO and 1 that -CO and CN are the only zoning districts that are CN are the only districts that your client is asking for. y and I don't see anything that is subsequent to your for 1.8.5 of the County's Comprehensive Plan restricts the rezoning nimum of one acre in size so the parcels would need to be a before they can request a rezoning to CG and right now we are for both of the subject parcels so they are not eligible to request Mr. Grade then stated that the other question he had was the proximity to existing commercial. Did I see something that said the property your client actually holds would not qualify for commercial unless the other two properties were changed to commercial? Ms. DeWitt said yes that is correct, in order for the Hearing parcel to meet the distance requirement to existing commercial, the Hayhurst -Larsen property must be changed to commercial as well. Planning and Zoning Commission Minutes January 17, 2013 DRAFT Page 5 of 16 200 Mr. Grande stated so Mr. Hearing is dependent on the other two parcels in order to qualify? 201 202 Ms. DeWitt answered yes sir. 203 204 Chair Morgan opened the public hearing 205 206 Mr. Walter Deemer, 151 North Naranja, not in favor. The River Park ordinance states what are 207 intersection zones and the use limitations such as fueling stations but there is a gasoline station 208 on the southeast corner of the Airoso and Prima Vista despite the applicant stating that they 209 have no intention of building a gasoline station. Can you see why the residents of Prima Vista 210 are upset? I guess rules are rules unless you don't want tpJollow them. There was a 40 page 211 study published in 1995 that stated at this time there_is�nq"support for additional commercial 212 uses on Prima Vista. Then people infiltrated the horpa owner's society and tried to change the 213 overlay in 2008. What you have here is a request for` spat zoning. As a long suffering resident of 214 River Park, what you need is a long hard thoughtful study like at was done in 1996. 215., 216 Mr. Grande asked Britton that he thought he heard her say that ttte,;gas station is outside of the 217 River Park Overlay zone. 218 , 219 Ms. DeWitt stated that that is correct The'eouthwes':corner of Airoso and Prima Vista 220 Boulevard is outside of the overlay zone. It v✓as alreay'designated commercial prior to the 221 Overlay Zone adoption and is listed In the land deVelopriient code as an exception. 222 223 Mr. Jeremy Hensel 702 SE Thornhill Dr I hav„e been a;resldent for 15 years and I support this 224 proposal to change the land use V �1 225 226 Ms. Christina KalSlinsky stated,she lives at 722 NW Cardinal drive resident for 20 years and I 227 support this ro'6e_t ,fo be passed, 228 , 229 Mr. Donald Kaplinsky stated/,he Ji at 722 NW Cardinal drive and has been a resident for 38 230 years aril watched the county grow antl flourish<j:fully support this project because it could bring 231 soma, rriore fobs and proesionalisni that peo�afa desperately need in this area. Nurses and 232 doctors coming in inean,more tabs that are`tl2 i erately needed. 233 234 Mr. Phrltp JIcHugh stated that he rs resident of St. Lucie County for 8 years and lives at 871 235 NW Swah�cifcle and I do support this << 236 j ; 237 Ms. Maria Mc�t{�j�n statedtltat she lives on Celestia Court which is a stone's throw away from 238 prima vista and Fl*sta. s6gt3ght this as my first home. I love the river park community and my 239 home and I feel a sff6 nection between this land, but I know that I live on a highway and 240 the noise is unsettlins my windows shake from car music. The traffic on Prima Vista has 241 caused property values to fall, add to that the housing crisis and jobless rate in St. Lucie County 242 and you have the key ingredients for high crime rates. Home owners on prima vista are trapped. 243 Out dated zoning restrictions and bylaws keep us from enjoying the homes that we love. Those 244 that live adjacent to prima vista are also trapped. Families cannot let their children play out front 245 yards because of the traffic. People cannot sell their homes so they resort to renting and nobody 246 wants to live on a freeway and those who do tend to be young and destructive further 247 contributing to the decline of our neighborhood. The naysayers do not owner property on this 248 busy corridor so I don't see how this commission can seriously consider their input. They claim 249 that these proposed changes are haphazard and radical but yet these plans state clear 250 standards on land use and development. They think that we just to want to cash in move out but Planning and Zoning Commission January 17, 2013 Minutes 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 DRAFT Page 6 of 16 they are wrong, which leaves me to question their opposition to this change. I've spent many years making improvements to my home; I've created a garden and planted fruit trees that still have yet to bear fruit. I've thought about where I would want to move if we change and the answer is clear, I will relocate within the river park community. Now does this sound like someone who wants to pave paradise and put up a parking lot? This community has been around since 1956 and will probably be around for another 57 years. No neighborhood stays the same. I believe the proposed changes are part of an effort of to address the greater needs of the community while meeting the immediate needs of the residents who are trapped in their homes and living with the debilitating effects of traffic and growth. These proposed changes are full of hope for a brighter more balance future for the heart of Port St. Lucie, our river park community, thank you for your time. , Mr. William Bergman 322 Tranquilla stated that he op�ios diagram you will see the irrelevance of mentioning the roadways have center lane dividers, and when,you 66me ao the left and come around the turn, Prima Vista suddenly nan traffic funnel. I like to listen to birds too but I prefer birds that I is no space to widen the roadway. This is a"nsafe proposal Ms. Morgan stated that Prima Vista is a Mr. Brian Peffer 161 SW Gramald was 13 and I know Shawn Head and Qigong and taught me food b things for the community. It's only Ms. Celina Cc proposal. I do live due to the rfI would brii absolutely Mr. Michbe) Castello (Sr)`9ta unsafe for my kids who liv Y, they have a ilatd;,hme slee`I agreeable on this<j icf I i neighborhood who haVgo 0 get supplies or the g ,,- do closer options to get supplies don't see anything negative. s this plan, as you look at the ,000 trips because those other ss the bridge from the west from ks and what you have there is a an eat. This is a funnel and there rid tVTgrp are alternatives nearby. ated thatfie has been a long time resident since I he has changed my life with his wellness center end howoegnquer disease. It can only do good ie has' Hied oh`Z66con; Drive since 2000 and is in favor of the the trafficwouidn't be if issue because it is a hellish place to t 209;FPrlma Vit to between Floresta and Airoso since 1988, it but it7sn t bny f ger. Values have plummeted. No one in their ?..,live here°1:ebsolutely approve of the changes which are long ed thaf tie has lived at Deacon Drive since before 2000, 1 feel ere because of the traffic, it is not a comfortable area any more Ing at night. It's not a comfortable area any more. I am very Nill help the neighborhood. I know a lot of disabled persons in the all the way to US 1 at Publix cause that is the only place they can is where they pay high prices for milk. The change may provide other than the gas stations. I see only positive for the change. I Mr. Michael Castello (Jr) stated that he lives right next to Prima Vista and it is extremely loud. think commercial buildings will do very well and I support these proposals. Mr. Chris Castello lives on 185 Celestia. It is extremely loud and I think commercial will do very well here. Planning and Zoning Commission Minutes January 17, 2013 DRAFT Page 7 of 16 301 Ms. Sarah Brunner stated that she lives on prima vista at an intersection zone, 490 east Prima 302 Vista Boulevard. My intersection isn't one you can automatically build. I am at Naranja and 303 Prima Vista. It isn't a road that anyone would want to come and buy my house and live there 304 with their children because it is dirty and noisy, I have bottles and cigarette butts in my yard 305 every morning. We had to replace all of our windows because of the noise and the dirt. We had 306 no choice when they widened the roadway. The choice to change to commercial should be 307 between the board, the County and the people who live on prima vista. Not the people who live 308 on the side streets or four miles away just because they live in River Park, that doesn't give 309 them the right to tell people they don't have the right to have their property be worth what they 310 paid for. The people who live a couple blocks away on a side street can't tell me what I can do 311 with my property if I don't want to live there anymore. I s ould have the right to have a dentist 312 office or a real estate office, but not a restaurant. We p e`to the county in 1994 to see if we 313 could go to office but were shot down. Two years later, ,w, got the overlay. I was never notified 314 of the overlay, I was told that I was, I've been told tha# thej:pame to our house and told us what 315 the overlay was going to be and what was going io.,happen That must've been one of the days 316 that I was sitting in the back yard of my house .(' to figure hoary I was going to get my money 317 out of my house and run away with my carpet bag. I bought the. house in 1982 when there 11_11318 wasn't a wide road or bridges. But they should be able to have commefcial property as long as it n 319 is within what it is you are telling them they cahave, which is not arestaurant or a as station. 320 321 Mr. James Gift stated that he lives•at 767 Lomas streef lust down the streethfro m this property. I 322 am strongly against it becauseth�t { no sewerage h this area; any business ill require a 323 raised leach field by the heath de artrrment which means„more runoff especially for property on 324 the river. I don't care who tells youQtherWlse #here will be certain things going into the river and 325 polluting it. There will be more parkiO drive l s and paVenlent. For example when hurricane 326 Isaac came through We got between l�1 and 16 inches of rain „Any of this land is going to be 327 completely saturafgd and `runoff will go I the,twer sUetl;as antifreeze and oil pollution. I hate 328 to see the river ebluted. Themis no parking ogprima viste'o they will have to have the parking 329 on their property. The drainage Is very poor4There is one canal between Lomas and Altura that 330 takes the bulk of the Unoff. The Aext,one that is,hooked in to the same drain is on the north side 331 of Lomb street t mdo��e was UndajYvater 1rogthat bad storm. We have good engineers who 332 try tfteir=best but jon t think they have the ederience. Or maybe they do. This is a sad thing 333 when the propertyttlat,ls going to be affected is the residential from the raised leeched field. 334 Novi the,traffic snarls �he access to get in and out of these businesses has to use the turn lane "11,335 in the mI le or backing up'traffic cr ating hazardous traffic. In time the crosstown parkway will 336 relieve a lot of traffic. Untift 'en we have to live with this. I am firmly against this at this time. 337 i 338 Ms. Morgan re' I., ded the 0Ut ince that this is strictly for a land use proposal; no site plan is 339 being reviewed at,` is time; j verything you mention will have to be addressed at that time. 340 341 Mr. Mundt asked stafff;Nl'r. Halter with stormwater management would be involved at the time 342 of site plan submittal. 343 344 Mr. Satterlee stated that any development on this site would have to meet the South Florida 345 Water Management standards .for stormwater runoff and discharge. The water would have to 346 remain onsite and be treated prior to discharging into the river system. 347 348 Ms. Cathy Cicio stated that she lives at 225 NE Prima Vista Boulevard. I've lived here since 349 1973. 1 work for the tax collector of St. Lucie County. But I speak before you not as an employee 350 but as a resident of River Park. And specifically as a resident who resides on Prima Vista 351 Boulevard. My husband and I have lived in the house for 16 years. I am here in support of the Planning and Zoning Commission January 17, 2013 Minutes DRAFT Page 8 of 16 352 land use change. Tonight I would like to take you on a journey on memory lane. The original 353 river park was built in the 1960. The entrance to Port St. Lucie. It was very quaint. River Park 354 was a heavenly place to live. Prima Vista was a two lane road with only one stop light on US 1. 355 River Park thrived in the first couple of decades and life centered on the marina and park. 356 Warrens Dry Cleaning also served as the post office. There was an annual Halloween parade 357 that was a yearly tradition. Life was good. But then Port St. Lucie started to grow and need 358 arose to widen Prima Vista. Along came the road widening. We were no longer a hamlet on the 359 river. Driving today on Prima Vista from US1 to Arioso is a sad and sorrowful site. The 360 hurricanes didn't do much good and a few homes fell into disrepair. The Prima Vista 361 neighborhood association still exists but it consists of the homes that surround Prima Vista and 362 on the side streets. In these places the quite residential neighborhood is alive and well. Prima 363 Vista Boulevard has been lost to the past for those ofus'who have homes there. We the 364 residents of Prima Vista need a Board with some infghf -h so strong suggestions to plan the 365 future of ours of of Prima Vista which is the at eFitr"once to Port St. Lucie, St. Lucie West P 9 Y 366 and the Reserve and everywhere else. Other sectiorSs of prima Vista it is obvious they had a 367 Board that had the foresight and wisdom to piajrfor the future jt is a pleasant drive with nice 368 street lamps and houses converted to businesses. The kind of zonjng the city had allowed low 369 intensity business to move in and gave ISeople work. I know this�s`ectjon is not River Park and 370 does not have anything to do with the coU.. ut is an extension of the same road and our 371 section of the county is declining while the Por ,St Lugle,%ection is thrtvmg. We need help for 372 those of us that live on prima vista, We are in hi ed otyleionary to see u�''into the 21' century. 373 Prima vista should not be the et7e soar that it is t V%e should be the grand entrance and 374 showcase for what Ties beyond and„river pgrk itself If is�,time for change. We have been swept 375 under the preverbal rug long enough. It is tip,t9 this board o bring beauty and life back before 376 we slide into further decline I find"it, to tieheve that the people who object the most to 377 change don't even,ilVe oh prima vista t�U the slti$ streets with quiet and safety. We don't have 378 that privileged Wh`� hlhe S Okend coin s 1'nma.Vista tUrtls into a Saturday night speedway. No 379 one obeys the sped, limit and a havel11 four mail bozWfo speeding traffic. At times it takes 380 us a couple of m ni utes to turn ihito our drive yvay when coming home from work. We are forced 381 to turn around in our own front Yard because yata wouldn't dare to back out onto prima vista. So 382 pleasef s I state my oase'for change j hope #Jfat someone with some foresight, vision and 383 gumo idit will see<he neetl to change the,status''quo on prima vista and turn it into the show 384 plan at those of us v ho li e there want an # at it deserves. We welcome all suggestions and 385 we wetcgme commercial into our neighborhood. 386 387 Mr Joe Cici 1 am employe�d,'by St`,c a County Planning and Development Services and a 16 388 year resident twig on Pnm Vista Boulevard living at 225 NE Prima Vista Boulevard. Britton is 389 going to be showy g pictures'of home that surround Prima Vista at this time and then show 390 pictures are areas that w� ""k could be prima vista in the future. Prima Vista can be define as 391 at first sight" so calf tt (ovo at first sight" and you drive down prima vista and that is a far cry 392 from love at first sig h1kOCjr fore fathers believed that this was the gateway to River Park with 393 model homes but over time this has become one of two major east west thoroughfares in St. 394 Lucie County. The emergency vehicle sirens make your windows and walls raddle. The motor 395 cycles hit fifth gear at midnight in front of our home and the screaming of pocket rockets going 396 100 mph is deafening. Many of the homes are rented out to transients. The home right next to 397 us has been rented 4 different times in 6 months leaving piles of trash out front of the home 398 each time. This is getting to be an unbelievable place to live. About six months ago we had a 399 stabbing in the drive way about three houses to the west of us and fell in our driveway and the 400 ambulance and fire trucks come into our drive way. So this is what Prima Vista has become and 401 we are looking for direction from the board as to what we can become. Some of the pictures of 402 office places you are seeing now were taken on route 60 in Indian River County and Delaware Planning and Zoning Commission January 17, 2013 Minutes 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 DRAFT Page 9 of 16 in Ft. Pierce. We are not looking for Wal-Mart or gas stations. We are looking for architecture and dentist's office, low intensity that will put people to work. I don't think a small office like an engineer's office is going to bring in a lot of cars. Thank you for listening. Ms. Val (inaudible) stated that she lives on 616 Beach Ave and is here to ask one big question. What happened to our grandfather position that the County promised us. These were only supposed to take place in small areas like US1. Can anyone tell us what happened to the position that the County left us in the early 1970's. It was a great promise. Mr. James Short stated that he live 161 Caprona Ave and been a long time dream of mine to not have commercial ( Roads and traffic. As traffic comes off of US1 in the ever getting up to acceleration. Cars are going to be c supposed to be going 30 MPH but they are goi showed images of traffic on Prima Vista with a F without being able to stop before the cross walk; goggle. This is a dangerous road and it's geitrng" flow is approximately 31,197 vehicles a ddy Vvith sheriff's office traffic division. Prima vista rs also Prima vista in 2012. That's a lot of accidents.:Sc safety first. This road is meant tq Provide flow of means only one thing: gridlockThe;l(1�ress ani make things worse and the garbage =trucks are need to think what we are asking lived in the area for 31 years and it's ima vista. Let's talk about safety. its on a blind curve that cars are out of those properties. They are )rning noon and night. Mr. Short �sentation. Cars are going to fast rtl marks. These images are from 16s every day. The average traffic iring',ieak hours as stated by the State Route 778. There were 92 accidents on what Iasi saying to`y�ou ,�s you need to think haffrq aid it's going to get;v✓orse. Commercial egress into these properties is only going to going'to have back out on the roadway. We leaving 1790 trips Mr. Dian Millner stat01(thet!,she has d--pome on 774 east PrImAr Vista Boulevard in the overlay and I've lived herFnbe `191 when prima vista was a ti?vo lane road. I have been here a long time and things h6V& changed jimes are�cha lgng and Irt frme to move on. I rent my home out on Prima Vista; it'so noisy fpr;tne to livezt?tere. I passed up 20 or so renters who I would not rent to because they,have children Its a btg'and nice home for children but the street is too busy. Bt�t you cannot live'oR. $hat rq due to tj>e traffic and the only obvious choice is to go comr�ersraI and , are starttrSg out slow with �Mi Hearing's proposal. I'm so glad that someone, St�aW has stepped irp and`the people onP%trha Vista are all for it. The people who do not live on Prima, Vista I understand are nbt but their homes are not going to be affected. It's only the people`b tPrima Vista v✓I�sufferil g badly. I am definitely in support. Ms. Andna lndia;stated that'she lives at 10937 SW Gardenel Drive. I've listen to what everyone ,. `i. is saying herd and comr�jsf4ial is the way it seems it should go. It will be excellent for everything I and s a 3 sifd against but a wellness place that Shawn wants to put up is only positive and I am fo`r Ms. Veronica Campbell stated that she lives at 172 Gardain Road which is in River Park about four blocks north of Prima vista. I am absolutely for this. It is three small properties for businesses that are small and homey. I have two little boys and I think this will be great for our community and I approve of this 100%. Mr. George Homer stated that he lives at 395 Meadow Lane. My family moved to this house in 1965, 1 grew up in this house and used to hunt two blocks over. Everything has changed and I think it is time for a change on that part of Prima Vista and I am for making it commercial. Planning and Zoning Commission Minutes January 17, 2013 DRAFT Page 10 of 16 453 Ms. Kathleen Ivins stated'that she lives at 190 Prima Vista. I was one of the first ones to ask for 454 commercial zoning and you were kind enough to let me open my doll shop with my daughter 455 and didn't seem to cause any havoc. The people who are complaining do not live on Prima 456 Vista and I do. I cannot speak to anyone on my front porch because it is so loud. The floor 457 vibrates from the trucks and buses. It is no longer residential it is already commercial. The 458 change would free up the owners to sell. We are stuck, we are prisoners. The impact of the 459 traffic is outrageous. I don't see any other way to go but commercial and I look forward to it. 1 460 too would like to relocate within the neighborhood. It is hard to breath and I feel like a prisoner 461 and I wish you could see what we have to live with day after day, I am begging you. 462 463 Mr. Adam DeMarco stated that he lives at 107 NE Naranja Ave behind advance auto parts. 464 They both keep their businesses clean and mamtameJ ,Prima Vista is an eye soar with 465 abandoned homes with structural damage falling garagg doors and lawns no being maintained. 466 The change would be an improvement to our county` 467 468 Ms. Bobbie Deemer stated that she lives 151 N6rth Naranja 5 Houses from Prima Vista. I would 469 like to know where the surveys were sent Tors=is really hard I no I am going to get hisses. I 470 keep hearing that people who live on the s de streets shouldn't haVeasay on anything on prima 471 vista but the people on prima vista can have, a say. I guess the �si' a street people are not 472 supposed to talk. And I would also like to lhiovy if ale letters that -came in were from 473 residents of River Park. There are,1700 residents rh RivefPark this is a big�ir ommunity and not 474 just Prima Vista. I invited all of yqu }o:,come and taka a" ride so you could see the area. There 475 used to be a lot of dilapidated houses after the huffteane. There is nothing wrong with the 476 pictures of the houses they showed, they ale nice houses. Another thing there are some 477 beautiful trees because it is quite aold conffibnity. I have,,a poster of picture for you to look 478 at. The lots are not deep enough to'go commeM81 'jLwanted`.to show you the photos of the 479 beautiful mature�t6ii 9 that e,ymostly in, fie back` yards elf .you -put parking lots in the back you 480 will be cutting down a great deal of the beauiytih River Patti. At south Naranja and Prima Vista 481 there is a beautiful I' with lots of trees whjd'b was supposed to be an educational part of the 482 park that lust neverappened A gas station Went in that we were lied to about and there is a 483 house 1�St south of the�gaatahon ,,the dumpster is 11 feet from this house with fueling 484 staJicnsaor big" commercial:ttucks that'tits 15,fGet away. That is what they have to put up with 485 because of comrn2relal, On lot,Commercial,i one of the biggest problems we have here. Yes 486 the people on Prima Vista;,canno here the birds, but if they get commercial then we won't get to 487 hat he had a dream, what about the 1700 other houses. 488 neighborhood. This area was not built to accommodate 489 plex problem. Where and I going with this? We can do 490 this right or make a really bigiress of it. 491 492 Mr. Bill Guest state�a"'t 3$1 NE Fairside Ave and I am in favor of turning this commercial. 1 493 know that Shawn and`ttj_ese people have been here a long time and he is going to do a good job 494 with this and he respects the environment. Prima vista is really run down and in disrepair and is 495 a mess which is a shame because Port St. Lucie is a beautiful area. If done right this will be a 496 great improvement. 497 498 Mr. Shawn Hearing stated that he is Mr. Hearing and this is all his fault. So much has been said 499 here tonight and I appreciate everyone's support and everyone has a right to their opinion and I 500 believe in that strongly. So I appreciate everyone here and I hope I can see you on Feb. 51 501 when the commissioners vote. This was done in two stages. We had an overwhelming 140 502 votes to remove the entire overlay. We also developed a book that we turned into the county 503 with information about prima vista about how to make a positive change. There are a lot of Planning and Zoning Commission January 17, 2013 Minutes 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 DRAFT Page 11 of 16 things that need to be done in the county and not everything is going to be done and I understand that. It's ok that it's taken 5 years for me to get to this point. It's not about the traffic to me and unhappy people. This is about that I have been given a job to do an di can tell you I have been give the passion to make this healing area to happen. I have been guided to make this happen from energy from above. I couldn't afford Mr. Currie at first and tried to do it on my own. So the speed limit you heard but I will add that every minute 30 cars pass from 7 am to 7 pm. I don't think there is a lot else that needs to be stated. I am a home town boy I have three sons and 4 grandchildren, no of which were born before I started this project. I don't need to take any more of your time. Thank you for your efforts. Mr. Jeff Miller 762 Lindo Lane, where is our guarantee guarantee will I have that they will put up a barrier? W stay wet when they get wet. What are you going to do yard going to be lit at night? r Ms. Morgan stated that there are no guaranty have to go through a zoning change and then"% site plan and you will be notified of that Mr. David Caplan stated that he lives at 410! neighborhood association and as you can see how this should go. The man6ra_of the HOA vista. The planning now. They need to bank, the auto parts in that does not. I a changed and least have an course that s,. they need to but I realize fl boards need a revise the ove: store have goo 6notfor or ag d on. When we iv there are"i,ma buy up The life. TlE` plan. The it won't flood when it rains. What Nill the water go? The yards now that? What about lighting? Is my land use change. They still !ss will review that at time of N*dnja. I am president of the river park 4466rs are very vaiied:jn their opinion on to,,e stop the commercialization of prima 1 think 30 years and not just the NIMBYs has`dood businesses on prima vista, the have'rolot once like the emergency walk- 'v has not=been successful. It needs to be asked,the countyzto revisit the overlay they said no you at �y parts of town whWQuid want one like white city and of two blocks away from prima vista and I don't like. Maybe turn it iCto a greenway. I like our town and neighborhood s; rn„their harne. I hope you find the wisdom to do the right Mr. Mundt fade a motioh,After considering the testimony presented during the public hearing including staff comments IC ereby move that the Planning and Zoning Commission of St. Lucie County recommend that thljoard of County. Commissioners approve the petition of Hayhurst - Larsen for a small scale arrie dment to the Future Land Use Map from Residential Urban to Commercial becau6491II1siloonsistent with the St. Lucie County Comprehensive Plan, is within the Urban Service Boundary, it meets the St. Lucie County Policies and State Statutes and is compatible with the surrounding residential neighborhood. Mr. Culverhouse seconded the motion. Chair Morgan asked the Board if there was any discussion. Mr. Mundt stated that he had two reasons for the motion for approval. He found the preponderance of evidence by neighbor support to be very moving and secondly the residents wanted the change made and spoke well of the applicant and I think that speaks will for the process and the individual making the application. Planning and Zoning Commission January 17, 2013 Minutes 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 9T;W 1 Page 12 of 16 Mr. Culverhouse stated that he agrees with his colleague. While I feel for residents who are opposed to this, I feel that the overwhelming views that this is an area in transition. In order for the property values in this area to go back up that this needs to be approved. Ms. Townsend asked a question of Mr. Satterlee. Do you think it is time for County staff to go back and revisit the overlay and maybe try to do something with a small neighborhood charrette? Mr. Satterlee stated that he does think so and thought so the Board had different priorities for us; it was a different }ij -i for. We are certainly willing to take a look at that if that js s pass along to the County Commissioners staff is supOLW, 60 in Vero is a good one as it transitions there of ide uses perfect buffer between the busy road and the rpsidential u an opportunity and yes we can take a look/atjt; But bec back in 2009 as well. Unfortunately ie that is certainly what we are here i' ething that the Board would like to of that. Mr. Cicio's example of SR during the day and they provide the yes, behind them. It is an option and ause„, he Board in the past made a policy direction, the Board would obviously need'to direct staff. The roll was called: Chair Morgan Vice -Chair Mundt William O'Dell Cathy Townsend Charles Grande Brad Culverhousc Britt Reynolds ,4 Petition Approve B.Hearing, Sli< Petition by Shall parcel o land at the COM`(Comm by Brittoh DeWit Chair Morgans# Chair Morgan op Yes No Yes nendrYient to the Future Land Use Map for a .66 acre Blvd. from the RU (Residential Urban — 6 du/acre) to _Use designation. Staff comments and presentation that wo',hove already heard the presentation. hearing Mr. Jim Short stated that he lives at 161 NE Caprona Ave and has a PowerPoint presentation. Again we are going to talk traffic safety. Maybe I wasn't explicit enough on how valuable this road is and how dangerous this road is. We are talking about the 738 property on Prima Vista Boulevard. 31,000 cars travel that road a day; this is a lot of traffic. Chair Morgan asked that Mr. Short skip the slides that we have already gone over. Mr. Short stated that traffic comes from Floresta eastbound to US1 in a blind curve, you cannot see until you get around a curve. The cars are going form 40 to 60 MPH screaming around that turn. A bike lane in front of the property is too dangerous to use so they use the sidewalk so a Planning and Zoning Commission Minutes January 17, 2013 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 DRAFT Page 13 of 16 cars entering the property would have to negotiate roadway and bike traffic. Traffic heading west bound has to go through the suicide lane that are not meant for traffic to cross it, it is meant for a turning area to Rio Mar. Instead they will pass the property and make a U-turn near the park and may cause an accident, maybe a fatality like we have 3-4 weeks ago. I live west of the marina. We have a lot of kids in the area to protect from cars who don't obey the speed limit. And we are doing this all for a business. This gentleman is advertising in the paper about his business already being there. I have seen the Qigong sign out front of his house for maybe a year. I'm emphasizing safety; commercial will only make this road a more dangerous road and bottle up traffic. Commercial equals grid lock. Mr. Joe Cicio stated that he lives at 225 Prima Vista Boule who showed a picture of a Royal Poinciana tree that was,` down by the storm in 2004. So that picture is almost abo`i1 of Mr. Hearing's proposal because if his continues to naii be a beautiful business to have on Prima Vista Boulevard`. Ms. Andria India stated that she lives in Traait!66. I have years now and he will only bring good he isyan amazing harm the community. Yes the road will be jmpacted. I� happen wherever it is. Some people are looking'get oui support of this. I'm told I am supposed to cry bec"e1 aid Ms. Dian Millner stated that she that is goes to commercial. It is a Chair Morgan a: the podium and majority of the p hard. I just want to thank Ms. Deemer i,bur front yard; however it was taken ten years old.I want to urge approval tain his home like he does now it will eing g�'oing to Mr. Hearing for several man and>nothing he would do would -ome fro ,New York; it is going to and let this pla S'e grow. I am in 100% a crier. ._ East Prima- Vista. I am in support, it is only natural i.P,SL and 6,I[that is left is us to close the gaps. of harps that are in 6%pport §64hat they do not have to return to �,t again. She also.'asked fo:a show of hands not in support. The hands With 'about five Ms. Bobbie Deemer stated these are very nice, people and I hate to talk different but this has nothing ao do with Mr. He nqg he day not be, here in two years. This has to do with that property: -Ho"; are they goih�6 to get cars in an&dut of there? We need a complete revision on what i going to go on on Prima y)sta. Mr Shaft was showing you how dangerous that corner is. Chair [VI(rgan stated that its is iusttaJand use proposal and it still has to go for rezoning and site plan a -which time these aspects'wjtl be reviewed and addressed. Mr. William Berdirilan 322 'Ofiquilla stated that he is one of the ones that lives 300 feet from Prima Vista and I %joy the §otands and the sirens but I don't notice the dirt. The vote is obvious. I would like to chall nge tjt aboard. It's obvious we need jobs; the question is more commercial zoning. The answer is that there is plenty of commercial nearby. US 1 is commercially zoned from Key West to Maine. Between Stuart and Ft. Pierce it is a depressed zone. Will this be the solution? If it is rezoned will they come? Is a good idea in the wrong place still a good idea? I challenge you to do something positive with this over time; I know it is not easy. Mr. Michael Castello (Sr) stated that he lives at 185 Celestil, my kids live there and it is not safe for them. We are talking about small businesses, I am a small business. My kids work for a business. We all push American made products and we all work for each other and together. We all pay a lot of insurance and taxes. Small business is what made this country. We need small business. Planning and Zoning Commission Minutes January 17, 2013 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 DRAFT Page 14 of 16 Ms. Sarah Brunner stated that she lives on prima vista at an intersection zone, 490 east Prima Vista Boulevard. It's not hard to see that prima vista is a dangerous place to live. Six months ago a truck came across 5 lanes of traffic and took out the side of my house and my garage because he dropped his cell phone and reached down to get it. The commercialization of prima vista has become a personal issue. I am not fighting for my commercialization. With that much traffic it should be a commercial area. it is not like the side streets that may have 100 cars a day, 30,000 is way too much. Mr. Walter Deemer stated that I just wanted to say that I never knew what a hard job you guys have. Not only are you in the planning and zoning business but now you are being asked to curb ambulance noise and fire engines and curb the dirt and speeders. This is a monumental task for anybody. I really wish I had brought you a peach. `^77, Chair Morgan closed the public hearing Chair Morgan opened it up for Ms. Townsend stated that it is two lanes ended in each direction Without a median. There is a short turn lane onto Rio Mar because there is,a blind spot from thd�bridge and a narrow area. There are no turning lanes which is my concern:: Qecayse;of the property ►ocation I see that this could be atraffic hazard and manv.accidents coultl ha ere. A Mr. Grande stated that he probablylshould have said thiabefore my vote on the last item but I think what is happening over the years has created a situation that there is no doubt on the discussions about beina trapped in their homes they are`nght. The discussions about a large percentage of those ho necessary in that- are recognition of thatiiarr really believe thaN' I thought this should had this is othe-Way it shoulc way Weare doing;; it, tc coni'Onercial and the.pal into th' usinesses an were 'eiitlential. It is a time to plaffratransitior opposed to\'a quarter of nonstandard sign "Age and happened when\, residential and in the long well laid out plan insteadc having gone dental, that's fight There is no question that change is lhink every'on� recogn¢es ;that and the vote you saw here is ng t6 vote aggingfthis one again and I need to explain the reason. I sensitive and dangerous area and I think our staff member said he ;art piantred with the people. I believe that as this goes commercial none antl'hot with`'s 'bt zonina. If we continue to do Prima Vista the ct: We are out§ tg, Wind up with these lots that weren't platted for apAhility is gorrrg to be impossible to do well, with no turning lanes use of the properties is going to be much higher then when they :gone 60riclusion that we are shifting and I really wish we took the .6says this does to a well -planned well laid out commercial piece as atnile of residential buildings turned into commercial uses with 1a0gerous driveways and insufficient parking and all the things that it' in a well -order manner. There is no way that this is going to stay A it shouldn't. I would rather see this done in a planned fashion and going down in one-sies Mr. Mundt states that he is going to support the applicant. If you don't say yes then you don't do the planning. If you say no and turn it down there wouldn't be any reason to look at the site and do a traffic study as part of the process when this comes back. The Board of County Commissioners can work with the Planning Department, Transportation Planners, the County Engineer and those people. We have all seen where commercial properties are approved and as part of it you put in turning lanes and widen the roads and you do the planning. To turn it down and not have the opportunity to plan for it would be shortsighted. We need to start the process. Planning and Zoning Commission Minutes January 17, 2013 DRAFT Page 15 of 16 708 Mr. Culverhouse stated that he agrees with Mr. Mundt. I also agree with Mr. Grande. In a 709 perfect world it would be great to build the planet out and do it perfectly but this is not a perfect 710 world and this is an area in transition. Working with the County resources and the State, traffic 711 problems will be worked out. I think we should move forward. 712 713 Mr. Reynolds made a motion: After considering the testimony presented during the public 714 hearing including staff comments, I hereby move that the Planning and Zoning Commission of 715 St. Lucie County recommend that the St. Lucie County Board of County Commissioners 716 approve the petition of Shawn Hearing for a small-scale amendment to the Future Land Use 717 Map from Residential Urban to Commercial use because it is consistent with the St. Lucie 718 County Comprehensive Plan, and the Land Development Code and as such is warranted an 719 approval._..`' 720 721 Mr. Culverhouse Seconded. -' 722 723 ; 724 The roll was called: 725 726 Chair Morgan Yes 727 Vice -Chair Mundt Yes 728 William O'Dell Yes 729 Cathy Townsend No 730 Charles Grande No- 731 Brad Culverhouse 732 Britt Reynolds Yes 733 734 Petition Approved, 735 a' 736 737 C. Rio Arcade B nao CLDC 1'120,124670 8inao Parlors 738 Petition by Rio /�rcad`e fof'ran ame dment tp the Land Development Code to allow bingo 739 parlors,,�4s a per muted =u`se. In the CG(Cdfifimercial General) zoning district. Staff 740 comments and pr`esentatin D6W. Itt. 741 \ r 742 Britton�t7e;Witt, Senior Planner p4,nted item III-C which is a text amendment to the land 743 developribnt code petitioner( by RI Arcade to allow bingo parlors as a permitted use in the 744 Commercial General zoning district. This proposed text amendment is a public hearing and 745 notice was publsthed in tle St. Lucie News Tribune on January 3`d. Staff has not received 746 any comments fr`ortt theyblc regarding this proposal. Bingo parlors are categorized by the 747 United States DeparYrrieTof Labor under the Standard Industrial Code for Amusements 748 and Recreational Services or SIC 79 which also includes among other things Billiard 749 parlors, card rooms, bowling instruction, yoga instruction, bridge clubs, fortune tellers, 750 gaming and arcade parlors. This is an excerpt of section 3.01.03 S of the land development 751 code that has been in place since before 1990, which speaks to permitted and conditional 752 uses within the Commercial General zoning district. The numbers at the end of each use is 753 the SIC code and you can see at S.2.D. Amusements and Recreation Services that are 754 identified under SIC 79 are to be processed as permitted uses within the CG zoning district, 755 that this all Amusement and Recreational services except stadiums, arenas, race tracks, 756 amusement parks and bingo parlors and then these excepted uses of amusement parks, 757 stadiums, arena and race tracks are then listed under the conditional use section 7 but as Planning and Zoning Commission January 17, 2013 Minutes 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 DRAFT Page 16 of 16 you can see here, bingo parlors are not, which results in bingo parlors not being a permitted or conditional use in any zoning district. So the Land Development Code is currently lacking in clarification as to how bingo parlors are to be processed within the CG zoning district. So to clear up this discrepancy that currently exists, the text amendment proposes to just strike the term bingo parlors which would result in bingo parlors becoming a permitted use in the CG zoning district under SIC 79. The analysis staff conducted indicates that the proposed text amendment is in compliance with the land development code and helps clear up the current lack of clarification as to how to process bingo parlors and provides a clearer process for small businesses wishing to open up a bingo parlor in St. Lucie County. The proposed text amendment is in affect just adding live bingo to the existing electronic bingo and arcade gaming that is already in place. And (k# high impacts associated with the conditional uses of stadiums, arenas, race tracks anhq amusement parks do warrant the conditional use approval process. However, Bmgo`parfbrs,,,are associated with impacts that are significantly lower than an arena or amUserrent pdrk and are comparable to arcade gaming and billiard uses that are both perrn'&''in the CG zoning district. In order to clear up the current lack of clarification on how to process a proposed bingo parlor in the CG zoning district, staff is recommending that the proposed text amendment to the land development code be_4orwarded t6lhe B64f of County 6( mIr nissioners with a recommendation for approval t Chair Morgan asked if there were Chair Morgan opened the p bbc I s Chair Morgan closed the plic"h r,. IV 0T BUSINESS , �' V. ADJOURN . There being rio ul#hef f- ness, the meeting adjourned at 9:00pm. Planning and Zoning Commission Minutes January 17, 2013 LL m M m C O 45 p p c m a`) a n G a)O C >O N N U Q U o N n E Z t1 j O H Z a _o c u c Ca l0 u N O n V O O ¢ d T 3 ma G N c O O 3 a a ! m N Li 0 c E 'o } a v c G SO A u m Go t C O re C A A F N N I Z 0 u° At N 66 N Thursaay,Jannr,24, 2013 N SCRwPS Tn Fnsu RE cons. gEwscAPEas n SL TREASURE COAST Global warming issue seen with new IRSC nuclear training program Commission to Increase ilsvvenigmnfthenlavElt zlsowssoneofsmooetars inNeromtrylhNlheRC ruedaaha hed, <aN perfarMArlre NSePleMIar. Whitmaysaidshe urges utlGthms Maetemspazemr wHhlhepubllc,evenwhen Etergti natenatythER"ing oIdmlray.Us e ovntry, trying to share iNormelluv abort nuclear dalded whetheritsrighl for E. She quipped that she d0em'0 Want People get- tingtheiII.Ade Htionahout nuclear power hau ^The Simpovvs;'Ihe lvvgmuv- rvng cxrtomr Nat features a bumblivg vucleaz Plml Oplh "nut the best glare^ fw refvrmodov, Vlbrlmm sold. Eve Amplesls...1Wnmstmr s[Nppzhm,,u ecoa, News pa,arx ThkmlumnreAxlS planed Shuldmma at Ne he, plmw.eaatarlheal planl'A Ualtl eormedthe 11, ll66Irl,eu.samplo V, U.S. Nuclear Regulatory SMpps.[om. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA Feenam B,6D1S NOTICE OF. COWOODS. .,.I'D SMULS[A RaltrNMEHFSrOME FuruM., no,. D1 IN E U UMP SDWIM COMPAENENSNE PLAN me It. wdo Couab..a. a Near, DemrfudPo n prop.......oNSH, NMNG e11M mbwNg Me Nam. BF aid000eec CHAIR N FAAINCS l.r IMn M Nns MY b Aetl b Ne CommYsbn Clambn, N.pe r p.Nu Mnea 3A fla.t6[Wde C.unb AdminlryMn 6uMIy. Z1WVppNNArenu4 F.rlpkrta Potda.n (ApppOi "13 MOH'T q BI I M plO m rt ro.n NenaNer m pmsNo. CHOD—'NO.IA-0OS AN NHDINANCE OE ENE BBAHB OE Corm ...MSSIWIFAR OF AD UNCI, MUM.. WHICH. N RM&O ENE AN PIM COMPREHENSIVE INN MAE IANO USE" WA A 0.65 ACRE A&RL) MACE DF DRUG DWNEO HE SHAWN NNRIHD, MUM IW (MIDENSNL OMAN-5 OUGECRq M CAM CONMNCSLh PRWIOINE FINDINGS; PROWDING MA CONNLIDIG PROMWNSl FHOVIGING WH SEVERABINy{ PRBVIDING MR APPUUBIM, PROVIDING WH NLINL WAR ME SWHIBR MAMT- .1..1 WHOU PROVIDING MR MIND W1ININE FIOwM DEPAHIxENT OF ECONOMIC OIIDMM; PRIVE01M OR AN EFFECTIVE odP AND PROVIDING MR ADOPTION. AIIIICANI:"NeHNeNiq MIE MUSIC. FwAN-SES21PEl) EDUCATION: NE Pfneydeam port 6L WIG,R ,ARFOSE ThB app&anl be. to an A. nota l pro" v a wmm6Mil Couth me, uASm The ,qu re of Nk Fem. WM Ure Nap am.. DWNHA k re algw Im Samoa., Me al Ne NO aNSk kmNl rtetlentlat Sax. In e—.— Vft IN Rever PM Mena b(add, U. at the WN @Nebpm A.,A Am theq, I, Me4N IN Aom addheWl to maroand R pmaNG, No "Are, mu am to —a, no .0k. .PoStre, l6 oem.-RmGNJ do, Do., m Ne Camm.rtw.I. mApNIrkL Co—W!GereN HAP) —A,Is ml pem.XNtl. OHDIHANCER0.15-004 NyoreMNa aRe6Rbny-oHN AwmmNe&m Nenem Nle (772MMBN talon. o m-1Wanly Abk A4n.pmBlleMI.rIYibA11661MunpMrl. Ne maetlr{N(!]]NSL-16W.rL66Q111M2-16PB. BOAAOOf CDUNIV WMMI56klNE0.5 Message body Page 1 of 1 To: Board of County Commissioners Ref: FLUMA 520124446 and 720124464 Sirs: I have lived in St. Lucie County since 1995. 1 currently reside and own at 2901 Fiddlewood Circle. Over the last three years I have come to know Shawn Hearing both as a client and friend. 1 have found Shawn to be a dedicated person and I urge you to approve his requests to rezone his properties. I have watched this area grow and prosper in the time I have resided here due in no small part to small business owners like Shawn who take a interest in their community and constantly try to improve it. It is these local resident owners who are the mainstay of any community. Yours truly, Gary E. Majoro 440-590-1545 https://snt002.mail.live.com/mail/17.0.8068.0118/Compose/RteF... 1/24/2013 AGENDA REQUEST ITEM NO. III -A DATE: 01/17/12 REGULAR PUBLIC HEARING (X) LEG. ( ) QUASI -JD (X) CONSENT () TO: PLANNING AND ZONING COMMISSION PRESENTED BY: Britton De Witt /2,n SUBMITTED BY: Planning and Development Services Senior Planner Department — Planning Division (its SUBJECT: Ordinance 13-004 — Future Land Use Map Amendments (FLUMA) for Hayhurst - Larsen from RU (Residential Urban — 5 du/acre) to COM (Commercial) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that Ordinance 13-004 be forwarded to the Board of County Commissioners with a recommendation for approval. COORDINATION/SIGNATURES County Attorney (X) Daniel S. McIntyre County Engineer ( ) Michael Powley Originating Dept. (X) Mark Satterlee County Surveyor ( ) Ron Harris ERD (X) (ar mith Hearing Date: Thursday January 17, 2013 Applicant Shawn Hearing 738 NE Prima Vista Blvd Port St. Lucie, FL34953 Land Design South 501 SE Port St. Lucie Blvd Port St. Lucie, FL 34984 (772) 871-7778 Existing Zoning District RS-4 (Residential Single- Family-4 du/acre) Future Land Use Request Proposed Future Land Use Map Amendment from RU (Residential Urban - 5 du/ acre) to COM (Commercial) to allow for the future rezoning of the subject properties to CO (Commercial Office) or CN (Commercial Neighborhood) Staff Britton DeWitt Dewittb@stiucieco.org (772)462-1582 File Numbers FLUMA - 520124446 FLUMA - 720124464 AGENDA ITEMS III -A & 111-13 Shawn Hearing, Hayhurst and Larsen Small-scale Future Land Use Map Amendments L9149 Shawn Hearing, Hayhurst & Larson FLUMAs Future Land Use FLUMA-520124446 & FLUMA-720124464 0 500' combined notification area COM - Commercial. N CPUB - Conservation Public ® Subject properties RU- Residential Urban(5 du/ac) wn m.ou,.a 2.12.A Location: 738, 761 and 763 Prima Vista Boulevard, River Park Community Project Description Shawn Hearing is requesting two peti- tions. Both are amendments to the Fu- ture Land Use Map from RU (Residential Urban - 5 dwelling units / acre) to COM (Commercial). Shawn Hearing's parcel is located to the west at 738 NE Prima Vista and is .65 acres. The other two par- cels to the north are individually owned by Richard Hayhurst and Wayne Larsen and together are .55 acres. The applica- tions are being processed in conform- ance with the River Park Community Overlay Zone, Section 4.02.00 of the Land Development Code. Background The purpose of the two petitions is to allow for the future rezoning to CO (Commercial Office) or CN (Commercial Neighborhood) which allow for uses that support the surrounding neighborhood. The intended use for Mr. Hearing's prop- erty is commercial office use. Nothing is proposed at this time for the two northern parcels but they may request a change in zoning to allow CO and CN uses. Notice Requirements Public hearing notice in accordance with Section 11.00.03 of the Land De- velopment Code was placed in the St. Lucie News Tribune on January 4, 2013 letters were mailed to property owners within a 500 foot radius and a sign placed on the property. The applicant also held a neighborhood meeting on September 19, 2012 that was attended by over 30 residents. Staff Recommendation Staff recommends that both of the pro- posed small-scale Future Land Use Map Amendments (Ordinance 13-004 and Ordinance 13-005) be forwarded to the Board of County Commissioners with a recommendation for approval. Planning and Development Services Department MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager FROM: Britton De Witt, Senior Planner, Planning Divisiop DATE: January 17, 2013 SUBJECT: Small-scale Future Land Use Map Amendment — Hayhusrt-Larsen (Ordinance 13-004) ITEM NO.: III -A This small-scale Future Land Use Map Amendment (FLUMA) is being processed concurrently with the Shawn Hearing small-scale FLUMA, item No. III-B. AGENT: Brad Currie, Land Design South 501 SE Port St. Lucie Bivd Port St. Lucie, FL 34984 (772)871-7778 bcurrie@landdesignsouth.com APPLICANT: Shawn Hearing 738 Prima Vista Boulevard Port St. Lucie, FL 34953 OWNERS: Richard and Lucia Hayhurst — 761 Prima Vista Boulevard Wayne and Beverly Larsen — 763 Prima Vista Boulevard REQUESTED Small-scale FLUMA from RU (Residential Urban — 5 du/acre) to COM ACTION: (Commercial). PURPOSE: The proposed FLUMA is to allow for future development of commercial office or commercial neighborhood uses in accordance with the River Park Community Overlay Zone Section 4.02.00 of the Land Development Code (LDC). This FLUMA is being processed concurrently with the Shawn Hearing FLUMA. LOCATION: 761 and 763 NE Prima Vista Boulevard (adjacent lots) TAX ID NOS.: 3419-515-0150-000-2 and 3419-515-0151-000-9 PARCEL SIZE: 0.53 acres combined Planning & Zoning Commission Petition: Hayhurst -Larsen FLUMA January 17, 2013 Page 2 of 7 EXISTING USE: Single-family Residential Homes FUTURE LAND RU (Residential Urban — 5 du/acre) USE: 0.53 acres X 5 du = 3 total potential dwelling units PROPOSED USE: Commercial Office or Commercial Neighborhood Uses PROPOSED COM (Commercial) FUTURE LAND USE: PROPOSED There is no concurrent rezoning petition associated with this FLUMA. The ZONING: applicant may propose Commercial Office (CO), Commercial Neighborhood (CN) or Planned Non-residential Development (PNRD) zoning at a later date. SURROUNDING PROPERTY: North: Zoning: RS-4 (Residential, Single-Family-4 du/acre) FLU: RU (Residential Urban — 5 du/acre) Existing Use: River Park Single -Family Neighborhood South: Zoning: RS-4 (Residential, Single -Family —4 du/acre) FLU: RU (Residential Urban — 5 du/acre) Existing Use: River Park Single -Family Neighborhood East: Zoning: RS-4 (Residential, Single -Family — 4 du/acre) FLU: RU (Residential Urban — 5 du/acre) Existing Use: River Park Single -Family Neighborhood West: Zoning: RS-4 (Residential, Single -Family — 4 du/acre) FLU: RU (Residential Urban — 5 du/acre) Existing Use: River Park Single -Family Neighborhood SERVICE INFORMATION: Public Utility Energy: Florida Power and Light Providers: Water: Port St. Lucie Utilities Wastewater: Port St. Lucie Utilities Public Service Storm Water: South Florida Water Management District Providers: Fire Rescue & EMS: St. Lucie County Fire District, Station No. 3 Law Enforcement: St. Lucie County Sheriff Planning & Zoning Commission Petition: Hayhurst -Larsen FLUMA January 17, 2013 Page 3 of 7 Background Current Future Land Use: The Future Land Use designation of the subject property is RU (Residential Urban — 5 du/acre), which allows a maximum residential density of five dwelling units per gross acre. Residential Urban land uses are "...generally found between the identified urban service areas and the transitional RS areas. These properties need to be serviced with central water and wastewater services." At 0.53 acres, a maximum of three dwelling units could potentially be developed on the subject property. Proposed Future Land Use: The proposed Future Land Use designation is COM (Commercial), which is intended to accommodate the commercial zoning districts of Commercial Office (CO), Commercial Neighborhood (CN) and Commercial General (CG). Policy 1.1.8.5 requires a minimum lot size of one acre for changes to the CG zoning district. Therefore, the combined subject properties of 0.53 acres can only request a change in zoning to the CN or CO zoning district once the land use change is approved. Furthermore, the River Park Community Overlay Zone Section 4.02.05 of the LDC prohibits the following uses: eating and drinking places, gasoline and other fuel sales and services, and drive-in facilities, which would generally be permitted in the CG zoning district. Current Zoning: The current zoning of the subject property is RS-4 (Residential, Single -Family — 4 du/acre). The purpose of this district "...is to provide and protect an environment suitable for single-family dwellings at a maximum density of four (4) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low density residential surroundings." Residential densities are restricted to a maximum of four dwelling units per acre and at 0.53 acres a maximum of 3 dwelling units could potentially be developed on the property based on the zoning alone. Staff Analysis Compliance with the Land Development Code: The subject properties are located at 761 and 763 Prima Vista Boulevard within the River Park Community Overlay Zone as identified in Section 4.02.00 of the LDC (see attached code reference). The purpose of the overlay zone is to recognize changing conditions along Prima Vista Boulevard, in the River Park subdivision, between South Highway US 1 (SR 5) and Airoso Boulevard and to establish supplemental performance standards of review by which to evaluate all applications for change in zoning to nonresidential use. The overlay zone section is intended to provide for a logical and orderly transition from residential to nonresidential zoning where appropriate, and to protect those parcels which remain residential from the impacts of nonresidential development. The subject properties are located in a mid -block subzone of the Community Overlay. A change in zoning must be consistent with Table 4-8 of the LDC, which requires property within the mid -block subzone to process a Comprehensive Plan Future Land Use Map Amendment to COM in addition to any change to a non-residential zoning category regardless if the proposed commercial zoning district is identified as compatible with the existing Future Land Use designation as identified in Table 1-3 of the Comprehensive Plan. Therefore, the applicant is seeking a change in land use from RU to COM to allow for CO or CN zoning in accordance with the River Park Community Overlay Zone. Property located outside of the River Park Community Overlay Zone with the same Future Land Use designation of RU would not be required to go through the FLUMA process prior to requesting a change in zoning to CO or CN. The permitted uses within the CO and CN zoning district are those that typically only service the surrounding neighborhoods and don't attract regional customers, which Planning & Zoning Commission Petition: Hayhurst -Larsen FLUMA January 17, 2013 Page 4 of 7 provides for their compatibility with a residential Future Land Use category. Examples of such uses are banks, laundry services, beauty and barber services, real estate offices, retail trade under 6,000 square feet, and video rentals. Furthermore, the River Park Community Overlay Zone Section 4.02.05 of the LDC prohibits the following uses: eating and drinking places, gasoline and other fuel sales and services, and drive-in facilities. Compliance with the Comprehensive Plan: The analysis staff conducted indicates that a COM Future Land Use designation in this area is consistent with the St. Lucie County Comprehensive Plan. The subject parcel is located within the Urban Services Boundary with available utility services and the proposed Future Land Use Map Amendment does not contribute to urban sprawl as defined by Florida Statues, Chapter 163.3177(6)(a). The requested change in land use meets Policy 1.1.5.3 requiring the subject property to be within a quarter mile (1,320 feet) of the same or greater type of land use classification. The subject properties are approximately 940 feet from the commercial strip mall on the northwest corner of Prima Vista and U.S. Highway 1, which has a Future Land Use designation of COM. In order for the concurrent Shawn Hearing FLUMA to be approved consistent with the Comprehensive Plan Future Land Use Element, the Hayhurst -Larsen FLUMA must also be approved in order for the Shawn Hearing parcel to meet the quarter of a mile distance requirement of the same land use classification. The proposed change further complies with Policy 1.1.5.4 requiring all new development projects to occur where water and wastewater sewer services can be provided. The site is currently serviced with water lines by Port St. Lucie Utilities and wastewater lines are available within close proximity for hook up (see the Potable Water, Wastewater Treatment section below). Compliance with State Statutes: The subject property is less than 10 acres in size and is considered a small-scale amendment, which is not subject to review by the State Department of Economic Opportunity division of Community Planning. This small-scale amendment is not anticipated to have any impacts to important state resources. Compatibility with Existing Neighborhood: The requested COM (Commercial) Future Land Use designation is to allow for future development and use of the property that is consistent with the CO and CN zoning districts. The purpose of the CO zoning district is to "...provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods." The purpose of the CN zoning district "...is to provide and protect an environment suitable for select office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office surroundings." The Land Use and Zoning Compatibility Matrix Table 1-3 in the Comprehensive Plan identifies the CN and CO zoning districts as being compatible with all residential Future Land Use designations. Due to the restrictive size of the combined parcels being only 0.53 acres, CG zoning and its associated higher intensity uses will not be permitted. Section 7.09.04 requires a side and rear yard perimeter eight -foot opaque wall or fence buffer between non-residential uses and residential uses. This section of the code also regulates lighting requirements that prevent lighting from being a visible nuisance to adjoining property used or zoned for a residential purpose. Building -mounted outdoor lighting fixtures are prohibited on the rear or sides of buildings adjacent to residential zoning districts. Therefore, with the regulations in place, the proposed COM Future Land Use is compatible with the surrounding residential neighborhood. Planning & Zoning Commission Petition: Hayhurst -Larsen FLUMA January 17, 2013 Page 5 of 7 All new development and changes in use must meet the Stormwater Management Section 7.07.00 of the LDC. Environmental Resources: St. Lucie County Environmental Resource Department has reviewed the petition and submitted a final report dated 08/13/12 on the environmental impacts of the proposed FLUMA as follows: The Environmental Resources Department (ERD) is in receipt of the July 24, 2012 Planning and Development Services' date -stamped submittal. The applicant requests approval of a Future Land Use Map Amendment to change from Residential Urban (RU) to Commercial (COM). The 0.53-acre project site is located at 761 and 763 East Prima Vista Boulevard. The site contains two single family residences. The site contains one mature laurel oak, however, no intact native habitat exist onsite. Environmental impacts will be influenced more by specific site design; therefore environmental issues will be addressed at the time of site plan and/or building permit application. The change in future land use is not anticipated to adversely affect environmental resources. The Environmental Resources Department (ERD) will conduct further review to ensure compliance with the Land Development Code during the site plan and/or building permit review process. ERD recommends approval of the Future Land Use Map Amendment. Natural Hazards: The subject property is located in a FEMA flood zone "AE," which is subject to inundation by the 1- percent-annual-chance flood event. Mandatory flood insurance purchase requirements and FEMA floodplain management standards apply. St. Lucie County Fire District: The subject property is serviced by Fire Station No. 3. The Fire District has reviewed the proposed Future Land Use Map Amendment, has no objection to the project and will further review the project at the time of site plan submittal. School Impacts: The proposed amendment to COM is a non-residential use, and no school impacts are anticipated. Transportation Impacts: The subject property is located on East Prima Vista Boulevard, which is a four -lane divided arterial roadway operating at an acceptable level -of -service (LOS) "C." The LDC defines an arterial roadway as "...a route providing service that is relatively continuous and of a relatively high traffic volume, long average trip length, and high operating speed." A traffic impact report was not prepared for this petition since the proposed FLUMA is small-scale and traffic impacts cannot be analyzed until a site development proposal is prepared. As a part of any future site plan development, a more detailed traffic impact analysis based on the gross new trips generated by the development may be required. A concurrency deferral affidavit has been submitted with this proposal. The Florida Department of Transportation 2011 traffic counts identified an annual average daily traffic count of 30,000 trips on Prima Vista at the intersection of Riomar Drive and an average peak hour trip of 18,000. Being that the uses permitted in the CO and CN zoning district are intended to serve the surrounding neighborhood, the proposed use could potentially reduce surrounding traffic impacts by capturing local trips and preventing a farther commute. Planning & Zoning Commission Petition: Hayhurst -Larsen FLUMA January 17, 2013 Page 6 of 7 The State Department of Emergency Management (DEM) has identified Prima Vista Boulevard as an east west evacuation route. It is one of two emergency evacuation routes within the City of Port St. Lucie. Parks and Recreation: The proposed amendment to COM is a non-residential use, and no parks and recreation impacts are anticipated. Solid Waste: Currently all solid waste generated in unincorporated St. Lucie County is disposed at the St. Lucie County Bailing and Recycling Facility, located in the southwest corner of the City of Ft. Pierce. This landfill is identified in the recent Evaluation and Appraisal Report of the Comprehensive Plan as having sufficient capacity for at least the next 20 years. This proposed change will not materially impact the level of service standard for the County's solid waste facility found in Policy 4B.1.1.1 at 7.9 pounds per capita, per day. Potable Water and Wastewater Treatment: The proposed change complies with Policy 1.1.5.4 requiring all new development projects to occur where water and wastewater sewer services can be provided. The site is currently serviced with water lines by Port St. Lucie Utilities and wastewater lines are available within close proximity for hook up. Post St. Lucie Utilities department has reviewed this proposal and confirmed adequate capacity. Development Requirements: Approval of the proposed Future Land Use Map Amendment constitutes a preliminary development order and does not grant approval for any specific development scenario. However, upon approval the applicant may proceed to seek permission for further development of the property for commercial purposes. Prior to the issuance of any final development order, the future developer must demonstrate that all public facilities are available to service the parcel and obtain a Certificate of Capacity. Analysis Summary: Staff's analysis indicates that the proposed COM Future Land Use designation in this area is consistent with the St. Lucie County Comprehensive Plan and the regulations of the River Park Community Overlay Zone in the Land Development Code. The subject property is under an acre in size restricting rezoning of the property to CO and CN only, therefore the proposed amendment is compatible with the surrounding residential neighborhood. Staff Recommendation: Staff recommends Ordinance 13-004 be forwarded to the Board of County Commissioners with a recommendation for approval. Attachments: • Ordinance 13-004 • LDC Section 4.02.00 — River Park Community Overlay Zone • Section 7.09.04 — General Landscape Requirements and Lighting Standards • CO and CN zoning district uses • Public notice information. Planning & Zoning Commission Petition: Hayhurst -Larsen FLUMA January 17, 2013 Page 7 of 7 Suggested motion to recommend approval/denial of this request: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, 11►[�1�9t11►[e���p1��K�]t�ih�il�►:���a�:i��'�tL[�]�I�:J_\i1:L�;�J►1W11►[e1=1►1�it�L11►Le3 COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE PETITION OF HAYHURST- LARSEN, FOR A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP FROM RESIDENTIAL URBAN TO COMMERCIAL BECAUSE.... [CITE REASON(S) WHY— PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPROVAL OF THE PETITION OF HAYHURST-LARSEN. FOR A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP FROM RESIDENTIAL URBAN TO COMMERCIAL BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] Environmental Resources Department Final Report TO: Britton DeWitt, Planning & Development Services Department THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Jennifer Evans, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Division Manager DATE: August 13, 2012 SUBJECT: Hayhurst -Larsen Properties Plan Amendment FLUMA 720124464 Background The Environmental Resources Department (ERD) is in receipt of the July 24, 2012 Planning and Development Services' date -stamped submittal. The applicant requests approval of a Future Land Use Map Amendment to change from Residential Urban (RU) to Commercial (COM). The 0.53- acre project site is located at 761 and 763 East Prima Vista Boulevard. The site contains two single family residences. Findings The site contains one mature laurel oak; however, no intact native habitat exist onsite. Environmental impacts will be influenced more by specific site design; therefore environmental issues will be addressed at the time of site plan and/or building permit application. The change in future land use is not anticipated to adversely affect environmental resources. The Environmental Resources Department (ERD) will conduct further review to ensure compliance with the Land Development Code during the site plan and/or building permit review process. Recommendation ERD recommends approval of the Future Land Use Map Amendment. Please contact Jennifer Evans at 772-462-3862 if you have any questions 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ORDINANCE NO. 13-004 Formerly 12-022 FILE NO.: FLUMA - 720124464 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR TWO ADJACENT PARCELS OF LAND TOTALING 0.53 ACRES (MOL) OWNED BY HAYHURST AND LARSEN, FROM RU (RESIDENTIAL URBAN — 5 DU/ACRE) TO COM (COMMERCIAL); PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. 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: Brad Currie, a representative for Richard and Lucia Hayhurst and Wayne and Beverley Larsen, has filed a petition for an amendment to the adopted Comprehensive Plan Future Land Use Map for two adjacent parcels of land totaling 0.53 acres (more or less) located at 761 and 763 Prima Vista Boulevard, from RU (Residential Urban — 5 du/acre) to COM (Commercial) with St. Lucie County, Florida, in accordance with Chapter 163, Florida Statutes; and The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida Statutes, is authorized and empowered to consider amendments to the adopted Comprehensive Plan of St. Lucie County; and On January 17, 2013 the St. Lucie County Planning and Zoning Commission/Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie News Tribune and notifying by mail all owners of property within 500 feet of the subject property, and recommended to the Board of County Commissioners that the petition for Future Land Use Map Amendment for Richard and Lucia Hayhurst and Wayne and Beverley Larsen be denied/approved; and 4. On , 2013, the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed in the St. Lucie News Tribune and notifying by mail all owners of property within 500 feet of the subject property, and deemed the adoption of the amendment to the Comprehensive Plan to be/not to be in the best interests of the citizens and residents of the County. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Ordinance No. 13-004 File No.: FLUMA-720124464 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. AMENDMENT TO FUTURE LAND USE DESIGNATION The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan for the two parcels described in Exhibit "A," attached hereto, containing 0.53 acres more or less, located at 761 and 763 NE Prima Vista Boulevard, from RU (Residential Urban — 5 du/acre) to COM (Commercial), as depicted in the attached Exhibit "B." B. FINDING OF CONSISTENCY The Board of County Commissioners of St. Lucie County, Florida, specifically determines that the approval of this amendment to the adopted Comprehensive Plan Future Land Use Element is internally consistent with the goals, objectives and policies contained in the St. Lucie County Comprehensive Plan and provides for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time as a Final Development Order for development on this property is issued. C. CHANGE TO FUTURE LAND USE MAP The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause this change to be made in the Future Land Use Map of the Future Land Use Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. D. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. E. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. F. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable as stated in Paragraphs A, B and C. G. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Ordinance No. 13-004 File No.: FLUMA-720124464 Page 3 H. FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY The Planning and Development Services Director shall send a certified copy of this Ordinance to the Department of Economic Opportunity Bureau of Community Planning Caldwell Building 107 East Madison Street, MSC 160 Tallahassee, FL 32399. I. EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10), Florida Statutes. J. ADOPTION After motion and second, the vote on this Ordinance was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula Lewis, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this _ day of , 2013. ATTEST Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA m Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance No. 13-004 File No.: FLUMA-720124464 Page 4 Exhibit "A" LEGAL DESCRIPTION 761 NE Prima Vista Boulevard - Hayhurst LOT 11, BLOCK 25, RIVER PARK UNIT 3, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 80, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA 763 E Prima Vista Boulevard - Larsen ALL OF LOT 12, BLOCK 25, RIVER PARK, UNIT-3 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 80 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA SAID LANDS LYING IN ST. LUCIE COUNTY, FLORIDA. Exhibit "B" FUTURE LAND USE MAP Ordinance No. 13-004 File No.: FLUMA-720124464 Page 5 Exhibit "Cr CONCURRENCY DEFERRAL AFFIDAVITS SI. 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W>U-t-Tl j l (SW 194„90* ib St. Lucie Cwow� St. Ordinance No. 13'OO4 File No.:FLV&A720124404 Page —TypcapdritNmettrNetary C3ttIrI6d0.NW.b, (SW) pa p . ^~~~ 1 2 6 Municode Print 4.02.00. - RIVER PARK —COMMUNITY OVERLAY ZONE 4.02,01, - Purpose and Intent. 4.02,02, - River Park Community Overlay Zone Established. 4,02,03, - Limitations on Rezoning Applications. 4.02.04. - Performance Standards, 4 0Z05. - Use Limitations. 4.02.01. - Purpose and Intent. A. It is the purpose and intent of this section to recognize changing conditions along Prima Vista Boulevard, in the River Park Subdivision, between South US #1 (SR 5) and Arioso Boulevard and to establish supplemental performance standards of review by which to evaluate all applications for change in zoning to nonresidential use which may be filed for parcels in the River Park subdivision area as further described in this Section. B. This section is intended to provide for a logical and orderly transition from residential to nonresidential zoning where appropriate, and to protect those parcels which remain residential from the impacts of the nonresidential development. C. Nothing in this section is intended to supersede the minimum standards of review for any amendment to the Official Zoning Atlas of St. Lucie County as set forth in Section 1 .06.03 of this Code. 4.02.02. - River Park Community Overlay Zone Established. A. The River Park Community Overlay Zone shall consist of all those parcels of land lying in the following subdivisions as recorded in the official land records of St. Lucie County, Florida, and which share a common property line with the right-of-way for Prima Vista Boulevard and/or and are contiguous to a parcel of land that shares a common property line with the right-of-way for Prima Vista Boulevard: SUBDIVISION NAME PLAT BOOK PAGE RIVER PARK - UNIT 3 10 80 RIVER PARK - UNIT 4 11 RIVER PARK - UNIT 5 11 31 RIVER PARK - UNIT 6 12 26 RIVER PARK - UNIT 10 14 29 SUBDIV. OF PART OF TRACT "E", RIVER PARK - UNIT 3 12 22 Except that those properties in the above subdivisions that were classified with a COM (Commercial) Future Land Use designation on August 6, 1996, the date of establishment of these regulations, shall not be included in the River Park Overlay Zone. Figure 4-8 generally depicts the limits of the above described overlay zone. B. The River Park Community Overlay Zone, created in Part A above, shall be divided into two (2) subzones, generally described as follows: http://library.municode.com/...IPAOMOVZO.htm]&HTMTitle=4.02.00.+-+RIVER+PARK%u2014COMMUNn-Y+OVERLAY+ZONE[9/5/2012 10:13:36 AM] Municode 1) Intersection Zone. The Intersection Zone(s) shall be centered at the following locations: a.) Prima Vista Boulevard and South US #1 b) Prima Vista Boulevard and Floresta Drive 0 Prima Vista Boulevard and Airoso Drive The Intersection Zone shall consist of those properties which share a common property line with the right-of-way for Prima Vista Boulevard and/or are contiguous to a parcel of land, under the common ownership or control of the same person, party or interest group, that shares a common property line with the right-of-way for Prima Vista Boulevard. In no instance shall an Intersection Zone extend more than five hundred (500) feet (approximately five (5) platted lots) from the center of any of the intersections identified above. 2.) Mid -Block Zone. The Mid -Block Zone(s) shall consist of those properties which share a common property line with the right-of-way for Prima Vista Boulevard and/or are contiguous to a parcel of land, under the common ownership or control of the same person, party or interest group, that shares a http://library.municode.com/...IPAOMOVZO.html&HTMTitle=4.02.00.+-+RIVER+PARK%u2014COMMUNITY+OVERLAY+ZONE[9/5/2012 10:13:36 AM) Municode common property line with the right-of-way for Prima Vista Boulevard. 4.02.03. - Limitations on Rezoning Applications. All applications for change in zoning in the River Park Community Overlay Zone shall be consistent with the following Table. TABLE 4-8 RIVER PARK COMMUNITY OVERLAY ZONE REZONING OPTIONS INTERSECTION ZONES ID -BLOCK ZONES PUD Et PNRD CO t3 CN uses only, except as specified in omprehensive Plan Amendment to Commercial (COM) required anychange to a nonresidential zoning category, including NRD PMUD (residential and CO and CN use only, except as specified jinor 4.02.04. - Performance Standards. The following performance standards shall be maintained for approval of any planned development or site plan within the River Park Community Overlay Zone. To the extent that these River Park Community Overlay standards are more restrictive than another provision of this Code, the stricter of the two (2) standards shall apply. A. Building Height: Maximum height for any structure shall be twenty-five (25) feet. B. Minimum Parcel Size: No change in zoning to a non-residential zoning designation shall be granted for any parcel of less than twenty thousand (20,000) square feet (approximately two (2) lots as shown on the recorded plats for the River Park s/d). C. Access Management: In addition to the minimum standards set forth in Section 7.05.06 of this Code, the following driveway locations standards shall apply: 1) Number of Driveway Connections - No more than one (1) driveway per street frontage under common ownership shall be permitted. 2) Distance from Intersections - The nearest edge of any driveway shall be located no closer than one hundred fifty (150) feet from the centerline of any perpendicular intersecting street. D. Pedestrian Access: 1) All site plans and planned developments approved for commercial uses within the River Park Community Overlay Zone shall provide for pedestrian access directly from the streetside sidewalk to the commercial use without crossing the parking areas. E. Offstreet Parking and Loading: 1) Offstreet parking and loading shall meet the minimum requirements of Section 7.06.00 of this Code. F. Buffering and Landscaping: 1) Buffering and landscaping shall meet the minimum requirements of Section 7.09.00 of this Code. G. Lighting: 1) All site lighting shall be installed so that no off site areas are directly illuminated. H. Signs: 1 •) Signs for all uses within the River Park Community Overlay Zone shall conform to the requirements of Section9.01.01 (E), (Neighborhood Commercial) of this Cade. 4.02.05. - Use Limitations. The following uses shall be specifically prohibited, regardless of zoning classification, within the River Park Community Overlay Zone. http://library.municode.com/...IPAOMOVZO.html&HTMTitle=4.02.00.+-+RIVER+PARK%u2014COMMUNITY+OVERLAY+ZONE[9/5/2012 10:13:36 AM] Municode A. Eating and drinking places; B. Gasoline and other fuel sales and services; C. Drive-in Facilities. http://library.municode.com/...IPAOMOVZO.html&HTMTitle=4.02.00.+-+RIVER+PARK%u2014COMMUNITY+OVERLAY+ZONE[9/5/2012 10:13:36 AM] Municode Page 14 of III Community residential homes subject to the provisions of Section 7.10.07. (999) b Family day care homes. (999) C. 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 the 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) d. Multiple -family dwellings (three (3) or more units). (999) a. Single-family detached dwellings. (999) f. Two-family 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 accordance with Section 7.06.00 6. Landscaping. Landscaping requirements shall be in accordance with 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 a. Solar energy systems, subject to the requirements of Section 7.10.28 O. CN COMMERCIAL, NEIGHBORHOOD. 1 Purpose. The purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Beauty and barber services. (723/724) b Civic, social and fraternal associations. (8641) C. Depository institutions. (60) d. Laundering and drycleaning (self-service). (7215) e. Real estate. (65) f. Repair services: (1) Electrical repair. (762) (2) Shoe repairs. (725) (3) Watch, clock, jewelry, and musical instrument repair. (7631) 9. Retail trade (each building shall be less than six thousand (6,000) square feet gross floor area, all uses inclusive): (1) Antiques. (5932) (2) Apparel and accessories. (56) http://library.municode.com/print.aspx?clientID=14641 &HTNMequest=http%3a°/n2f°/u2fli... 4/24/2012 Municode Page 15 of III (3) Books and stationery. (5942/5943) (4) Cameras and photographic supplies. (5946) (5) Drugs and proprietary. (5912) (6) Eating places. (5812) (7) Florists. (5992) (8) Food stores. (54) (9) Gifts, novelties, and souvenirs. (5947) (10) Hobby, toy and game shops. (5945) (11) Household appliances. (572) (12) Jewelry.(5944) (13) Newspapers and magazines. (5994) (14) Optical goods. (5995) (15) Nurseries, lawn and garden supplies. (526) (16) Radios, TV's, consumer electronics and music supplies. (573) (17) Sporting goods and bicycles. (5941) (18) Tobacco products. (5993) h Video tape rental. (784) 3• Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00 4. Dimensional Regulations, Dimensional requirements shall be in accordance with Section 7.04.00 5. Off -Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00 7. Conditional Uses: a. Car washes (self service only) - subject to the provisions of Section 7.10.22. (999) b. Day care - adult. (8322) - child. (8351) C. Postal services. (4311) d. Retail trade: (1) Gasoline services - accessory to retail food stores under SIC-5411. (999) (2) Undistilled alcoholic beverages accessory to retail sale of food. (5921 - Except for liquor) e. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8, Accessory Uses. Accessory uses are subject to the requirements of Section 8,00.00 and include the following: a. Drinking places (undistilled alcoholic beverages) accessory to an eating place. (999) b• One dwelling unit contained within the commercial building, for on -site security purposes. (999) C. Solar energy systems, subject to the requirements of Section 7.10.28 R. CO COMMERCIAL, OFFICE. 1. http://library.municode.com/print.aspx?clientID=14641 &HTNMequest=http°/u3 a°/u2P/o2fli... 4/24/2012 Municode Page 16 of 111 Purpose. The purpose of this district is to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office 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. Adjustment/collection and credit reporting services. (732) b. Advertising. (731) C. Communications - except towers. (48) d. Computer programming, data processing and other computer related services. (737) e. Contract construction services - office only. (15, 16, 17) f. Duplicating, mailing, commercial art/photography and stenographic services. (733) 9 Engineering, accounting, research, management and related services. (87) h• Executive, legislative, and judicial functions. (91, 92, 93, 94, 95, 96, 97) i Finance, insurance, and real estate services. (60, 61, 62, 63, 64, 65, 67) j Health services - except nursing homes and hospitals. (80) k. Membership organizations, except religious organizations. (86) Miscellaneous business services: (1) Detective, guard and armored car services. (7381) (2) Security system services. (7382) (3) News syndicate. (7383) (4) Photofinishing laboratories. (7384) (5) Business services - misc. (7389) M. Personnel supply services. (736) n Social services: (1) Individual and family social services. (832/839) (2) Job training and vocational rehabilitation services. (833) o Travel agencies. (4724) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00 5. Off -Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00 7. Conditional Uses: a• Child care services. (835) b. Television and radio transmitting towers. (999) C. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory use are subject to the requirements of Section 8.00.00 and include the following: a. hftp://library.municode.com/print.aspx?clientID=14641 &HTA4Request=http°/u3a°/`21%2fli... 4/24/2012 Municode Page 17 of III Eating and drinking places (undistilled alcoholic beverages as an accessory to a restaurant). b. Postal services. (43) C. Solar energy systems, subject to the requirements of Section 7.10.28 S. CG COMMERCIAL, GENERAL. 1 Purpose. The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2 Permitted Uses: a. Adjustment/collection and credit reporting services. (732) b. Advertising. (731) C. Amphitheaters. (999) d, Amusements and recreation services - except stadiums, arenas, race tracks, amusement parks and bingo parlors. (79) e. Apparel and accessory stores. (56) f. Automobile dealers. (55) 9 Automotive rental, repairs and serv. (except body repairs). (751, 753, 754) h. Beauty and barber services. (723/724) i• Building materials, hardware and garden supply. (52) 1 Cleaning services. (7349) k Commercial printing. (999) l Communications - except towers. (48) M. Computer programming, data processing and other computer serv. (737) n Contract construction serv. (office and interior storage only). (15/16/17) o Cultural activities and nature exhibitions. (999) P. Duplicating, mailing, commercial art/photo. and stenog. serv. (733) q Eating places. (581) r• Educational services - except public schools. (82) S. Engineering, accounting, research, management and related services. (87) t. Equipment rental and leasing services. (735) U. Executive, legislative, and judicial functions. (91/92/93/94/95/96/97) V. Farm labor and management services. (076) W. Financial, insurance, and real estate. (60/61/62/63/64165/67) x. Food stores. (54) Y. Funeral and crematory services. (726) Z. Gasoline service stations. (5541) aa. General merchandise stores. (53) bb. Health services. (80) cc. Home furniture and furnishings. (57) http://library.municode.comlprint.aspx?clientID=14641 &HTMRequest=http%3 a%2f%2fli... 4/24/2012 7.09.04 K. Off -Street Site Lighting Requirements and General Design Standards. General Requirements. Where artificial outdoor lighting is provided, it shall be designed and arranged so that no source of the lighting will be a visible nuisance to adjoining property used or zoned for a residential purpose. In addition, the lighting shall be so designed and arranged so as to shield public streets and highways and all adjacent properties from direct glare or hazardous interference of any kind. For non-residential properties that abut property used or zoned for a residential purpose to the rear, or side, the following shall apply: 1. For properties with a depth in excess of two hundred (200) feet: The maximum allowable mounting height of all outdoor light fixtures within fifty (50) feet from the front property line is twenty-five (25) feet, provided that such fixtures shall be shielded from public streets and highways to prevent direct glare or hazardous interference of any kind. The maximum allowable mounting height of all outdoor light fixtures between fifty (50) feet from the front property line and seventy-five (75) feet from the rear property line is twenty (20) feet provided that such fixtures shall be shielded from all adjacent properties to prevent direct glare or hazardous interference of any kind. The maximum allowable mounting height of all outdoor light fixtures within seventy-five (75) feet from any property line abutting a residential zoning district, including the AR-1 zoning district is six (6) feet, or not to extend above the height of the buffer wall. 2. For properties with a depth less than two hundred (200) feet: The maximum allowable mounting height of all outdoor light fixtures within twenty-five (25) feet from the front property line is twenty-five (25) feet. Provided that such fixtures shall be shielded from public streets and highways to prevent direct glare or hazardous interference of any kind. The maximum allowable mounting height of all outdoor light fixtures between twenty-five (25) feet from the front property line and twenty-five (25) feet from the rear property line is twenty (20) feet provided that such fixtures shall be shielded from all adjacent properties to prevent direct glare or hazardous interference of any kind. The maximum allowable mounting height of all outdoor light fixtures within twenty-five (25) feet from any property line abutting a residential zoning district including the AR-1 zoning district is six (6) feet or not to extend above the height of the buffer wall. 3. All outdoor lighting installations shall use concealed source fixtures. These shall be cut- off type fixtures in which the lenses do not project below the opaque section of the fixture. All lighting fixtures shall be mounted with a zero degree tilt. Ground mounted flood and spotlight fixtures that are used to illuminate the building facade are exempt from this requirement. Fixture styles shall be consistent throughout the site. 4. Ground mounted flood and spotlights, if used, shall be placed on standards pointing toward the building or wall and positioned so as to prevent light from glaring onto residential areas, rather than the buildings or walls and directed outward which creates dark shadows adjacent to the buildings. 5. Building mounted outdoor lighting fixtures, other than those required by ordinances and regulations of the County, are prohibited on the rear or sides of buildings adjacent to residential zoning districts, including the AR-1 zoning district. All other building mounted outdoor lighting fixtures required by ordinances and regulations of the County shall be shielded to prevent light from glaring on residential areas. 6. All outdoor lighting fixtures in place prior to March 1, 1999, shall be permitted to continue operation. However, any outdoor lighting fixture that replaces an existing fixture. or any existing fixture that is moved, must meet the standards of this Code. Existing fixtures that direct light toward streets, and are determined to be a traffic hazard, or existing fixtures that direct light toward adjoining property used or zoned for a residential purpose shall be either shielded or redirected within 90 days of notification. 7. Parks and recreational uses are exempt from the above requirements. 8.Nothing in this Section is intended to contravene the requirements of Section 6.04.02 (Sea Turtle Protection). In the event of a conflict between these regulations, the stricter to the two (2) standard shall apply. The Public Works Director is empowered to determine the stricter of the two (2) standards to be applied. Meeting Time: 6:00 PM (or soon thereafter) Mail To: Location: County Commission Chambers St. Lucie County Administration Building, 3rd Floor 2300 Virginia Ave Ft. Pierce, FL 34982 Applicant Shawn Hearing 738 NE Prima Vista Blvd Port St. Lucie, FL34953 Agent Brad Currie Land Design South (772)871-7778 Existing Zoning District RS-4 (Residential Single - Family - 4 du/acre) Future Land Use Request Proposed Future Land Use Map Amendment from RU (Residential Urban - 5 du/ acre) to COM (Commercial) to allow for the future rezoning of the subject properties to CO (Commercial Office) or CN (Commercial Neighborhood) Thursday, January 17, 2013 Shawn Hearing, Hayhurst and Larsen Small-scale Future Land Use Map Amendments Shawn Hearing, Hayhurst & Larson FLUMAs Fwure Lend Use FLUMA-520124446 & FLUMA-720124464 CPUB rwooix ' Ru LI� M r _ PWA VISTA euwo , RU r - r ,\} ,6eUe , F LCF4 ~ �N µy1AV 2r �O aGPyA U ♦ [3 y4 - ;- - -� 500' combined notification area COM - Commercial CPUB-- Conservation Public N ® Subject properties RU- Residential Urban(5 dulac) rM, were.,ds<prmmr 14,2u12.A Location: 738, 761 and 763 Prima Vista Boulevard, River Park Community Project Description Shawn Hearing is requesting two peti- tions. Both are amendments to the Fu- ture Land Use Map from RU (Residential Urban - 5 dwelling units / acre) to COM (Commercial). Shawn Hearing's parcel is located to the west at 738 NE Prima Vista and is .65 acres. The other two par- cels to the north are individually owned by Richard Hayhurst and Wayne Larsen and together are .55 acres. The applica- tions are being processed in conform- ance with the River Park Community Overlay Zone, Section 4.02.00 of the Land Development Code. Background The purpose of the two petitions is to allow for the future rezoning to CO (Commercial Office) or CN (Commercial Neighborhood) which allow for uses that support the surrounding neighborhood. The intended use for Mr. Hearing's prop- erty is commercial office use. Nothing is proposed at this time for the two northern parcels but they may request a change in zoning to allow CO and CN uses. Staff Recommendation Staff recommends that both of the pro- posed small-scale Future Land Use Map Amendments (Ordinance 13-004 and Ordinance 13-003) be forwarded to the Board of County Commissioners with a recommendation for approval. Staff Contact Please call or email comments directly to: Britton DeWitt, Senior Planner dewittb@stiucieco.org (772) 462-1582 Anyone with a disability requiring ac- commodation to attend the meeting should contact the ADA coordinator at least forty-eight (48) hours prior to the meeting at: (772) 462-1546 or T.D.D (772)462-1428 Parcel ID 0wnerl Insane Owned Entree 0wne2 iname 0wner2 Freeze Address City State 21P 341951502250009 Acquam Frank 221 SE Camino St Port St Lucie FL 34952-2252 34195150135D001 Adam Barbara 773 Lomas St Port St Lucie FL 34952-1407 341951501170009 Adams Daniell 740ALTURAST Port St Lucie FL 34952-1302 341951501680001 Albanese Christopher Albanese Stephanie L 769 Undo Ln Port St Lucie FL 34952-1403 M19515025300M Andrews Susan 106 SE Camino St Port St Lucie FL 34952-2251 M1951501550007 Barclay Cori Barclay Shirley 5942 NW Telford Ave Port St Lucie FL 34983-5308 M19515009B0009 Barringer(TR) Christine C 146 Molnar Or Port St Lucie FL 34952-1366 341951501200003 Baylis Garnet Baylis Marilyn 742 Altura St Port St Lucie FL 34952-1302 341951502260006 Bradley Jr Michael Bradley Joshua P 6325E Sterfiower Ave Port St Lucie FL 34983 341951501330007 Brandt Maude L 769 Lomas St Port St Lude FL 34952-1407 341951500680000 Broder Alan Binder Diane 745 NE Altura St Port St Lucie FL 34952-1395 341957500100005 Bremen Pukko Broman Henry 744 E Prima Vista Blvd Port St Lucie FL 34952-2261 341957500070001 em.Ks William 120 SE Riomar Ct Port St Lucie FL 34952-2272 341951501180006 Bushman MichaelW 746 Altura St Port St Lucie FL 34952-1302 341957500D300W Carter Douglas Carter PrlsclllaA 103 Riomar Ct Port St Lucie FL 34952-2272 341951502520007 Cayford David 104 SE Camine St Port St Lucie FL 34952-2251 341951501670004 Coffee Curt Coffee Kyle 765 Undo Ln Pont St Lucie FL 34983 341951501250008 DeJale Gabriel 109 NW Redbridge Ct Port St Lucie FL M986-3570 34195150228000D Diamond JEno 330 Holly Ave Port St Lucie FL 34952-1338 341951500990006 Diez(TR) Maria 3025 SW Bridge St Port St Lucie FL 34953-3277 341951501270002 Dimmed Thomas 6314 Arapahoe St Fort Pierce FL 34982-7610 341951502630007 Dorcius Edilaire Oordus J.F.R. 111 WAldea St Port St Lucie FL 34952-22" 341951501650000 Frazer Stevenl Frazer Mathew 305 SW North Shore Blvd Port St Lucie FL 34986-1773 341951501240MI Garda Miguel Garcia Georgina 751 E Prima Vista Blvd Port St Lucie FL 34952-2260 341951501340004 Garneau MauriceJ Garneau RObertaJ 771 Lomas St Port St Lucie FL 34952-1407 341957500020006 Ghuman JasbhS PO Box 7608 Port St Lucie FL 34985-7608 M1951501320000 Gift JamesL Gift Mary L 767 Lomas St Port St Lucie FL 34952-1407 M1951501211001 Goldenberg Randy Goldenberg Danielle 121 Riomar Or Part St Lucie FL 34952-1355 M1951502340005 Gonsalves KennethC Hull LesleeA 758 E Prima Vista Blvd Port St Lucie FL 34952-2259 341951502290007 Grieco Frank 106 W Aidea St Port St Lucie FL 34952-2245 341951501690008 Gmbarclk MafgaretA 769 Undo to Port St Lucie FL 34952-1403 341951501130001 Guadagnine Margaret 756 Altura St Port St Lucie FL 34952-1302 341951501470008 Gufford Juliet 760 Hindu Ln Port St Lucie FL 34952-1404 341957500050007 Han Thomas Hart Nancy 115 Riomar Cl Port St Lucie FL 34952-2272 341951501500002 Hayhurst filched Hayhurst Lucia 2167 NE Mariberry In Jensen Beach FL 34957-6636 Applicant Hayhurst Richard 7791 S US Highway 1 Port St Lucie FL 34952 341957500010009 Hearing Shown Hearing Laurie 73B NE Prima Vista Blvd Port St Lucie FL 34952 341951501630006 Henschel(TR) Ben %ED Ready 120 E Oakland Park Blvd 9105 Fort Lauderdale FL 33334-1106 341951502310004 HIII MosesA HIII Janice F 764 E Prima Vista Blvd Port St Lucie FL 34952-2259 341951501560004 HOIALLC 2400 S Ocean Or PH 4200 D Fort Pierce FL 34949-8002 34195750004OOOD Holeman(TR) Margo Van Houton Jahn 2356 McClellan Pkwy Sarasota FL 34239 341951501190003 Howard Billy R Howard Lorraine 744 Altura St Port St Lucie FL 34952-1302 341951501160002 Hunter Michael Hunter Valerie 1350 SE Buckingham Ter Port St Lucie FL M9524102 341951501140008 Johnson Maricava C 754 Altura St Port St Lucie FL 34952-1302 341951501230004 Julien Elimbe Finhomme Lormira 749 EPrime Vista Blvd Port St Lucie FL 34952-2260 341951502240002 Kapsis Pamela 222 SE Camino St Port St Lucie FL 34952-2286 341951502650001 Kaye Theresa LH Kaye WayneJ 107 WAldea St Port St Lucie FL 34952-ODOD 341951501610002 Keeler John C Keeler Erin 103 Lamas Ct Port St Lucie FL 34952-1405 341951502270003 Kelly Patricia Kelly MichaelL 2285E Camino St Port St Lucie FL 34952-2286 341951502680002 Knapp Craig 210 W Aides St Port St Lucie FL 34952-2247 341951501540000 Kordbacheh All Aghaei Mariam 12749 Headwater Clr Wellington FL 33414-4913 Agent Land Design South Currie Brad 501 SE Port St Lucie Blvd Port St Lucie FL 34984 341951501510009 Larsen Wayne Larsen - Beverley 2061 SE Harlow St Port St Lucie FL 34952-8860 341951502210001 Magliente (EST) Peterl % HIII 142 City Blvd Staten Island NY 10301-3346 341951502510000 Mashburn (EST) Beverly 776 E Prima Vista Blvd Part St Lucie FL 34952-2275 341951502320001 Matheus Leopoldo E Matheus RosanaV 762 E Prima Vista By Port St Lucie FL 34952-2259 341951501300006 McCarthy BarryA 763 Lomas St Port St Lucie FL 34952-1407 341951500670003 MCKimmle jErI.J McKimmie ELeigh 150WArbor Ave Port St Lucie IFL 34952-1308 341951500900003 Medard MCKelly 612 Ramie In Port St Lucie FL 34952-1389 341951502640004 Metcalf (EST) Dorothy %Debra L Glllanders 18 Willow Stream Or Vernon Rockville CT O6066-5936 341951501000007 Mlckens Sherry L Senior Russell 143 Ramie In Port St Lucie FL 34952-1397 341951501460001 Miller Jeffrey Miller SaliyJ 762 Lindo In Port St Lucie FL 34952-1404 341951502670005 Milner Kenneth Milner Diane 13 Harbour Isle Or W Unit 103 Fort Pierce FL 34949-270 341951501700008 Milton Sr Walter Mitten Carol 773 Undo to PortSt Lucie FL 34952-1403 341951500910000 Moore Mary 614 Ramie Lo Port St Lucie FL 34952-1389 341951501410006 Morales Adrian Morales Ann 1040 Shinn Rd Fort Pierce FL 34945-4515 3419575000W004 Murray JohnJ 121 RlOmer Ct Port St Lucie FL 34952-2272 3419515008WO02 Neckles John Neckles Marion 140 Ramie Ln Part St Lucie FL 34952-1396 341951500700007 Nerlstin Julian 737 Altura St Port St Lucie FL 34952-1395 341951501280009 Pand P Equipment LLC 1865 Rebel. Or Vero Beach FL 32960-5229 341951501420003 Panariello Anna 772 Undo In Port St Lucie FL 34952-1404 341951502360009 Pippin Adam 754 E Prima Vista Blvd Port St Lucie FL 34952-2259 341951500B90003 Pope William M Pope Susan V 610 Ramie to Port St Lucie FL 34952-1389 M2232000010005 Port St Lucie City of 121 SW Part St Lucie Blvd Port St Lucie FL 34984-5099 341951502690009 Preferred Business Exchange In 3399 63rd Square Vero Beach FL 32966-6553 341951501710000 Prezioso Michael Prezioso Cynthia L 740 Altura St Port St Lucie FL 34952-1302 341951501290006 Reed Jr Donald A 761 Lomas St Port St Lucie FL 34952-1407 3419515016WO07 Roach JamesG 763 Undo Ln Port St Lucie FL 34952-1403 34195150120005 Rodriguez James 755 Lomas St Port St Lucie FL 34952 341951500920007 Rodriguez Aldalr Rodriguez Ju0anA 122 Riomar Or Port St Lucie FL 34952-1956 341951502300007 Rogers Charles 0 104 West Aldea St Port St Lucie FL 34952-2247 34195150222000B Roznowski Marilyn 2185E Camino St Port St Lucie FL 34952-2286 341951SO1480005 Sclalo Me,F Scielo MaryE 758 Lomas St Port St Lucie FL 34952-1444 341951501520006 Seegoolam Stephanie 765 E Prima Vista Blvd Port St Lucie FL 34952-2273 341951SO1530003 Singh laipargas 6240 NW Hacienda in Port St Lucie FL 34986-3810 341951501640003 Skerlick SueE JJO Lomas St Port St Lucie FL 34952-1406 341951502230005 Snyder(TR) Ward1 16 Herons Nest Stuart FL 34995-6404 341951502800002 Snydar(TR) Word 84505 US Highway Part St Lucie FL 34952-3306 341951501310003 Soria Cesar 1204 Bay 27 St Far Rockaway NY 11691-1754 341957500090005 Sperling(TR) Betty 11985 Southern Blvd #199 Royal Palm Beach FL 33411-7619 341951501440007 Spillson Nick 60787th St CtNW Brodeninn FL 34209-9613 341951501150005 Stevenson Carol 516 Ohio Ave Grand Haven MI 49437-2535 3419515026WOOB Stacker Mark Stocker Suzanne 5412 Davis St Fort Pierce FL 34982-3330 341957500080008 Tabbed Gerald Tabbed Janet 1145E Riomar Ct Port St Lucie FL 34952-2272 341951501570001 Thames Travis AS E Prima Vista Blvd Port St Lucie FL 34952-2273 Applicant Therapeutic Touch Hearing Shawn 738 NE Prima Vista Blvd Port St Lucie FL 34952 341951502350002 Thomas Maybel PO Box 8641 Port St Lucie FL 34985-8641 342141100000004 Tr int Imp Trust Fund Mail Station 115 3900 Commonwealth Blvd Tallahassee FL 32399-6575 341951501710005 Tur RobertJ 773 Undo in Port St Lucie FL 34952-1403 341951501400009 Webster 111 Walter 12849 Amber Ave Clermont FL 34711-8850 341951501490002 Willis Rodney Willis Laura D 756 NE Lomas St Port St Lucie FL 34952-1444 341951501620009 Wilson John 1780 Lomas St Port St Lucie IFL 34952-1405 34195150069000J Win[ersteln VicldT I J39 Altura S[ Port St Lucie FL 34952-1395 U. iD a a ai 0 N E T c � 0 m d o Z e o n > d a U ¢ fn o N .Cn E n Z N a 0 ID 0 N _N ] Q S fn U G N c v G N in N O O O M a 3 IN C IN G O Y O ON ra N 0 0 C E Gr con `a co He To re 41 9 N L C N C_ c f u� N a` So N U N GAD FfdLr.MYUmty4.2013 U SCR I PPS TREASURE COAST NEWSPAPERS n SL NATION A burs tooting foam W.Mu ,Conn., to MBmeG to,,Than, day In front of26 anAPit are no the roWSWO on the first day of Cla6Ses for Sandy Hook Elementary School Stu dents since the Dee. tl shooting. Back to school ■ Sandy Hook students return to'business as usuar MYmwcmuDa hugged thzthaaboommuttereafm apatw.n4mbb �� lytwo ye nce-c m" ancomN� him a lot haulada For ed amF longerthan theirolaschool. NNW. ram -For her Gets first day of Scharr normal, until he Monroe police Lt. Keith w ta'al la mmtaneewas Since last month'a maa- d,'MOmmY, veggoodavdthecidldren e at his sandy Hook sa gettingbackto"beed- ti:memazssarahtalon please., And oSaaamMul:• tried to make Tha,sday madrmalasposstbie.She then he got on "Almonhemwerehep- eloseethe'Mfriendsrhey e his favorite pan- the bus, and he dn',w°ninawhtle;'M cake,, and she walked the d-finder to the top was OK" said. Wanamarlasamnmhad ofc the dziveway far the samtmm, been across the hall from School bus. pwml a East -grade mom where But it was harder Than children and teacher Vic, u s""'a saygoedbye, at sandy Hook on Dec. 14. Put a Soto died, and he had "i hugged Wma lot lea- On Thursday, the zelum- been ne .a about go- Far US.IGIFL'Mommg end please," inerru1d�iemi sks sa,db Buttantopen house she said. "And Broome got butinadl8erentschoolia Wednesday at the school on the her, and he was adiferenttov.. a asedsomzs embefica. Oxl' Returning students, '9heydid., latkabout Hm7-year-oldsomWR- teaches and admfcau, wahappenedatalq'sM H.., waa among mane tors were met by a large Gold. "They went In, met than 400 students who police presence outside up with heir teachers, seeped a fvnvmvs lam- their new, School in the hadamne cmoO erne and page that killed 20 first- neighbD,ing few.. a.- it was tun sbouttryiagto graders and six contains me, whereamiddleschool get themback into school." PROGRESS & INNOVATION QUARTERLY REPORL Afornmd looking business publitationseruingtheTieasurefoastregion. In this inlotharryle look at sports, marine Industries and real estate. LODkfor It Monday, FEbruaryll, 2013 in the Stuart News, St. Lude News Tribune and the Indian River Press Journal. $1.413 deal over Gulf spill 0,MILhul KO.W.. ingto acomtfding. amdwiththeamidrnb" awavesmea The ch al, which is sub- `TTis isapositive step Joe, m a fedmal judge's forward, but I[ is also e fie"' FAN$ -The 1us- approval, also calls to, time to reflect Dn the 11 Fearsp ,m®Breached. lkansaceavto implement n ho lost their lives $1.4 billion settlement series of operational aboard he ➢O.Pwater Thursday with Trans- aafety andemergeary re- Horizon,' the company or,n Gd., 'hemvmF 0f posse improvements on aid in aslatemenl."7Teir the drilling dg that Sank ❑wigs. families" tM..in be In .Reran ex,bri°nkilledll "This FewI.t!F; of the thoughts and pfayes workers and syya ,the i 1 Negations oh110fus ar'hansocean." vveAnD DIIspWinthe and civil claims against MuO ofthe$1.4blWm Gulfonde.kc. TO ... onceirmipntruame will fund environmental Threserves art- aimourr maintaspit-preveun. [onl,em ad m the depownd lusthe huml°serl0 research ment§ civil and onnual virovmentalaMeco�omic and iraWn, probes of TransoccoWs devastation wrought by The company has two role in the Deepwater the ➢eepeomer Horizon ycam repay the$1 billion Hearten rig disaster. It disaster;' AtWrOey Gen- civllpenalty. requires the Switzerland- end Eric Holder said in a BP PLC, which leased based company to pay statement, the rig from Tram.ocin, $l billion in thapenalteca IrransOcean Said it be- aheadYYhssagreedtopaya and5400millianincrien Bases the settlement is Sent $4.5billion inpen- inal penalties and plead in the best interest of its ethers and plead guff, tv guilty to a misdemeanor shmeherdes ender k, asalaaghter and other charge of violating the s and eliminates criminal charges related Clean Water Act, accord- of the vcemordnry assect- to the spill. ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA January 17, 2013 NOTICE OF TWO CONCURRENT PROPOSED SMALL-SCALE AMENDMENTS TO THE FUTURE LAND USE MAP OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN 1MSL W[Y Cfound Ynnly era ]an. Bomml[[Usso..an, fimawca BY In a.. an front ........ ... Ire fat. M'a BBIF ER.'Ba By shwa ..an, mr.eoplYa BY era come of Cowry Commk[brenolSLlutla Launlf, RaMa,RYOMNanea. Da Pom4g mazame "aresM I81.1 xGGNP OF Bab Mao ante ka E. CarvnhsM uwMen. hubah ,"Gall ufal ermat—wooLvesenalsookRrenue.fMpkrte. Rxxam ORN $10SMSOF] AVORCINAVCEO RNME firma OF OME NDWE OUP MR fISE UP NeW.1d WERRIAL HER WNW BYgaval THE FEEPTED SMWCOMIPEND, ROM He JABID LU6EFNI 5 DUTAR TO IMO.n PMWgt 0; IMANNW HHOWS; AGAMMIfMR AU IMOMNO VISION-6 IDW41D OM ICOMMFflCMO;]ROM INO MR AEU165; H;Pr WA ND f4N ugo MYTH FUPROVISIONS; IflOVIDHA f or I W INGMR HUNG Iffm ME PA MMR MR F OF WORD TIEFIOAIW OVAAWFHI Df ITpF IWVNHE t ff OAn wnNTNFFWRAI PAINN. 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ORDIONEEW.I>ow AS OWINWCE OF NE AWRO OF COUM COKMS51DRMS PER WEIE,OURK FWAIONID MNO THE MONTH COMPRWWSNE P WI WNRE MD USE of MR Me AONCFNT PMCEIS OF MD W rose OSS ACRES (No MED By IYYNUR MD IFRSEM,FMNRU FR6RIFNML URBLI-60WACREI TO EOM HWwkEP ME1; UWIOIm RNDINOS PROVIDED MR CONFUMND PMMICN5; PROVIDII MR SWM ASILTIY; PR.DIMD MRMPLM ERHY,; PROVIDED MR RUNG WMI ME RONM DAARMFNT OFSTATF PADVIENO MR HUNG RUTH ME RORIM DEPARMENT Of FCONOWC OPPORTUNITY; PAWIOINA MP an tFBOWE WTEAND HDANNO MR AODITON. APPUWm 3manitorke CHROMIUM :f1UMa-nolp4asB WWMN :]61 od 163NEpM1naPnpAre.Poubl.4daR PURPOSE ma screw o mnesu hwn Or dembpueat phn b No ow zMent Owuk. Be Wlpae of bk RNae lam Use tv'so ndmmt", h b&W MruWe woos., l¢a Farmazza ME Ile RR e. CwmutlM.airy Lne olbe IW Forip,ent Get. HW ,verse N U. Intl Ua Goes not road. one) BoInam. So arploml wn Ford to .ee No a.*. Increase Ran 16 ears. nxHnm mute ftOR to be Imumng EFe[ Pia,, coneetorlAs,JJwIwi Run rmaO earn. Pun Bduka Met meurad serve UP ,unwmu, nos tiers d, fnlvrertw PereM N; m.'IO h rat pamdtlM. IIAVOry MD]GNNGWNwf OW Has. PUMMU MINU U UME Wuurc.RMM MUPIWVEMIAay,c vm Below are public comments submitted for the two FLUMA proposals petitioned by Shawn Hearing. From: katefla@netscape.com Sent: Thursday, November 15, 2012 2:49 PM To: Britton De Witt Subject: Re:Land Use Change Request Re: Public Hearing Thursday, November 15, 2012 SL County Commissioners for Hearing, Hayhurst and Larson Agent: Brad Currie, Land Design South To Whom It May Concern: I ask that you allow for the future rezoning of the subject properties. I understand that there is yet another protest set in motion by Jack Johnson, Val Scorce, June Andrews and Walter Deemer wherein their written statement to Saint Lucie County signts that these changes are "radical and haphazard proposals by a small group to take money and leave River Park behind". As most of you know, there is nothing extreme about the requets for the last 10 years to improve Prima Vista Boulevard by having an orderly transition from what has become a highway between four and six lanes of high-speed traffic day and night rendering the homeowners imprisoned there to be able to sell or become tasteful businesses. The latest traffic count on Prima Vista Boulevard has increased to 30,000 vehicles per day, the highest count in St. Lucie County, above the 26,500 count on Port Saint Lucie Boulevard and 28,000 in Saint Lucie West. The few long-time residents that continually protest any changes to River Park, and do not live on Prima Vista Boulevard, seem not to realize that the days of the quiet neighborhood they still invision is long past and will not return through no fault of the Prima Vista property owners. There are clear county regulations set down in order to approve any commercial changes. There is nothing to warrant their fears of being "haphazard or radicar. Shawn Hearing has constantly improved his property on Prima Vista Boulevard and will continue to do so and his business will be an asset along this corridor. Sincerely, Kathleen Ivins 160 S.E. Floresta Drive Port St. Lucie, FL 34983 Kateflara) netscape.com From: sarahjaneb37@comcast.net Sent: Tuesday, November 13, 2012 9:35 PM To: Britton De Witt Cc: Shawn Hearing Subject: Land Use Change Prima Vista Boulevard As residents of Prima Vista Boulevard since 1982, we are in approval of the Land Use Change for the properties owned by Hearing, Hayhurst, and Larson. With the traffic, noise, and inconvenience of Prima Vista being such a heavily traveled road, the homeowners should be able to have a business usage that conforms to the County restrictions. It is not a fair decision made by a few people who do not live on that corridor to make it impossible for people to use their property as they wish. It is not a desirable place to buy to live in or to raise children. All of Prima Vista should be rezoned. Thank you, Stewart and Sarah J. Brunner 490 E Prima Vista Boulevard Port St. Lucie, FL 34983 Planning and Zoning Commission Hayhurst -Larsen and Hearing FLUMA November 15. 2012 Page 2 From: Dottie Nichols <dorothynichols209@comcast.net> Sent: Wednesday, November 14, 2012 8:09 AM To: Britton De Witt Cc: Ivins, Kathleen Subject: Proposed land use amendment Prima Vista Blvd. In reference to the Proposed Land Use Amendment from RU to COM to allow for future rezoning to CO or CN. I approve of the proposed change in the zoning of the properties owned by Shawn Hearing, Richard Hayhurst, and Wayne Larsen. In my opinion, the overlay should be lifted completely, and Prima Vista allowed to go commercial as quickly as possible. I have owned a home at 209 Prima Vista Blvd. since 1988, and although we still live here, it is not a pleasant residential street any longer. The traffic noise is incessant, and the dirt from the roadway makes it impossible to enjoy fresh air in the house, The decline in value for homes on Prima Vista is not entirely due to the economy. No one in his/her right mind would purchase a home on Prima Vista to live and raise a family. It will never again be a "residential" street, and as the economy improves, property here can only be sold as commercial or cheaply to a speculator who can afford to wait for it to become commercial. There are empty homes all around me (at least one has been empty for years), and renters come and go. My sons and I need to sell and move, and we cannot. The change in zoning for Hearing, Hayhurst, and Larsen does not affect me or my property in any way, but it is at least a step in the right direction. Sincerely, Dorothy E. Nichols From: Natasha <richardnat2@bellsouth.net> Sent: Thursday, November 15, 2012 1:08 PM To: Britton De Witt Subject: Land use change for Shawn hearing I approve for the land use change request by Shawn Hearing Sharon McMullen -LaVigne 1326 SE Preston Ln PAL, FL. 34983 Sent from my (phone From: astandingovationflorist@comcast.net Sent: Thursday, November 15, 2012 1:09 PM To: Britton De Witt Subject: LAND USE CHANGE MEETING I APPROVE FOR THE LAND USE CHANGE REQUESTED BY SHAWN HEARING. MEETING ON 11-15-12 BRITTANY ROBBINS 2305 SE WALTON LAKES DRIVE PSL FL 34952 772-985-5530 Planning and Zoning Commission Hayhurst -Larsen and Hearing FLUMA November 15, 2012 Page 3 From: astandingovationflorist@comcast.net Sent: Thursday, November 15, 2012 1:06 PM To: Britton De Witt Subject: land use change for shawn hearing I approve the land use change for Shawn Hearings request meeting on 11-15-12 thank you Whitney Fiddelke 561-598-1279 3770 NW Mediterranean Lane Jensen Beach,FL 34957 From: mercedes paquette <mercyleep@att.net> Sent: Wednesday, November 14, 2012 9:25 PM To: Britton De Witt Subject: Re: Hearing, Hayhurst and Larson Project. To whom this may concern, My name is Mercedes Paquette, my husband and I have owned a house in RiverPark since 2003. I am aware of the project to turn the residense of Mr Shawn Hearing into a commercial property. I think that this would be a wonderful thing for our community. I also think that this could be great to bring in more awareness to our great neighborhood and to bring in revenue. Please allow Mr Hearing to do this so that business could boom in our area. Sincerely, Mercedes and Ronald Paquette. From: Michael Fusco <dasnook2003@yahoo.com> Sent: Wednesday, November 14, 2012 8:50 AM To: Britton De Witt Subject: Hearing, Hayhurst, Larson project am a St. Lucie County resident and am IN FAVOR of the Hearing, Hayhurst, Larson Project. Michael J. Fusco From: haleyxhorror <haleyxhorror@hotmail.com> Sent: Wednesday, November 14, 2012 2:54 PM To: Britton De Witt Hello I am a resident of st lucie county and I am 100% for nu-. Shawn Hearings land use change. Thank you Haley broce Sent via the Samsung Galaxy SMM, an AT&T 4G LTE smarlphone Planning and Zoning Commission Hayhurst -Larsen and Hearing FLUMA November 15, 2012 Page 4 From: Danielle Cossin D.C. <drdaniellecossin@gmail.com> Sent: Wednesday, November 14, 2012 11:22 AM To: Britton De Witt Subject: Hearing land use change "As a resident of St. Lucie County. I am in approval of Nil. Healing land use change on Prima Vista Blvd." Dr. Danielle Cossin President Health And Abundance Inc. 772-579-6201 From: astandingovationflorist@comcast.net Sent: Tuesday, November 13, 2012 6:24 AM To: Britton De Witt Subject: shawn hearings land use I live at 168 Prima Vista Blvd. and I approve of Shawn Hearings request to change land use. Carol Davin Planning and Zoning Commission Hayhurst -Larsen and Hearing FLUMA November 15, 2012 Page 5 From: deb12bebrati@comcast.net Sent: Wednesday, November 14, 2012 2:25 AM To: Britton De Witt Subject: Change the use of properties hearing on Prima Vista Blvd I am writing this lettter to express that I agree and Approve to change the use of the properties of Hayhurst and Larson on Prima Vista Blvd. I have have resided in River Park for thirty years. It has become a race track with too much traffic, noise, and people walking all hours of the day and or night. Thank you, Debbie Ritter 458 BE Naranja Ave Riverpark a PSL FL 34983 From: Sent: To: Subject: November 10, 2012 cricketinafryingpan@comcast.net Saturday, November 10, 2012 2:19 PM Britton De Witt Planning and Zoning Dear Planning and Zoning Committee, My name is Sherry Emery and I am a resident and home owner in Port St. Lucie. I live very close to Mr. Hearing. I am writing to you to let you know that I am in favor of Mr. Hearings request to turn his property on. Prima Vista into a commercial property. I have known Mr. Hearing for many years now and he is an outstanding person of our community. Over the years he has volunteered as a Basketball coach to our children, he is a Qigong exercise coach in the community, and has participated with many other community events. He and his wife in my opinion are outstanding parents and business owners. I believe that the use of this property will greatly benefit our community's health and well being, and in many other ways encourage support to our community. I am asking that you vote in approval of Mr. Hearing proposal on November 21st and then again on February 5th, 2013. Thank you for supporting a better community, and Thank you very much for taking time out of your busy schedule to consider my wishes. Sincerely, Sherry Emery 342 SE Faith Terrace Port St. Lucie, FL 34983 (772) 249-4114 Planning and Zoning Commission Hayhurst -Larsen and Hearing FLUMA November 15, 2012 Page 6 From: Ibi2pga@comcast.net Sent: Tuesday, November 13, 2012 9:11 AM To: Britton De Witt Subject: Land use change Dear Ms. Dewitt My husband and myself are in favor of the land use change for Mr. Shawn Hearing. I am a resident of St Lucie West. Thank you for your consideration. Marie Lubelski 5530 Belfry Place Port Saint Luciee From: Sent: To: Subject: To whom this concerns: Shane <shane@evolutionsalt.com> Sunday, November 11, 2012 4:34 PM Britton De Witt Land use change My name is Shane Hennessy, I live in Riverpark cormmmity, and I am very excited for the proposed land use change by D4r. Hearing. I believe that Mr. Hearing offers a much needed service and our color amity will benefit greatly with the addition of his business. Thank you for your tinge and consideration Shane Hermessy From: Larry Quick <Ilq@bellsouth.net> Sent: Monday, November 12, 2012 3:16 PM To: Britton De Witt Subject: Shawn Herring Prject on Prima Vista Let it be known that 1 strongly support this project being approved Yours, Larry Quick, Sr. Registered Voter St. Lucie County LLQ(Dbel[south.net Planning and Zoning Commission Hayhurst -Larsen and Hearing FLUMA November 15, 2012 Page 7 From: Pat Underhill <hekpau1995@bellsouth.net> Sent: Thursday, November 08, 2012 7:58 AM To: Britton De Witt I approve of Shawn Hearing's proposal to change his residence in River Park to an office. Patricia Underhill 109 E. Arbor Ave. Port St. Lucie, FI. 34952-1304 Ph. 772 871-1042 From: Paige Ziemba <cocosunny8@gmail.com> Sent: Tuesday, November 06, 2012 8:45 PM To: Britton De Witt Subject: land use request I am a St. Lucie county resident and am in favor of Mr. Shawn Hearings request to change the Prima Vista property into commercial land use. I believe that it is a positve move both economically and otherwise for our community and county. Thank your for your consideration. Sincerely, Paige H Ziemba From: Brian Peffer <chancebn007@yahoo.com> Sent: Tuesday, November 06, 2012 8:34 PM To: Britton De Witt Subject: Shawn Hearing To Whom it May Concern: I am a long time resident of St. Lucie Co. And I believe Mr. Hearings proposal to turn the property, on Prima Vista Blvd. Commercial is a positive request and I am all for it !! Thank you Brian Peffer Cell # 7726074308 email: chancebri007(i)yahoo.com Planning and Zoning Commission Hayhurst -Larsen and Hearing FLUMA November 15, 2012 Page 8 From: billgoess@comcast.net Sent: Tuesday, November 06, 2012 6:57 PM To: Britton De Witt Good evening, As I own several properties in the Riverpark area, I believe that Mr. Shawn Hearing's proposal to turn properties on Prima Vista a positive request and I am all for it - 100%. Respectfully, Bill Goess From: szurlejs@aoLcom Sent: Tuesday, November 06, 2012 4:36 PM To: Britton De Witt Subject: Zoning change request/Shawn Hearing Dear Ms. Dewitt, I am a client of Shawn Hearing, owner and operator of Theraputic Touch Massage Clinic. I understand he wishes to move his business to a property he owns, and now resides in, on Prima Vista. Mr Hearing is an outstanding massage therapist, and his clinic provides a valuable service to many in the area- 1 would not be opposed, in fact, considering the high volume of traffic and proximity to commercial properties, would be in favor of the approval of his application. Thank you, Stephen Szudej 872 SW Grand Reserves Blvd. Port St. Lucie, FL 34986 From: Janet Merkt Sent: Wednesday, September 19, 2012 12:54 PM To: Britton De Witt Subject: Hearing neighborhood meeting response I got a call from a lady who said that she could not attend the neighborhood meeting tonite, but wanted to voice that she is in favor of the rezoning. Contact info: Margo Holeman 109 RioMar Ct, PSL 941-320-8650 holemanm@aoLcom Planning and Zoning Commission Hayhurst -Larsen and Hearing FLUMA November 15, 2012 Page 9 11a4 t i�ft tthtst Itt �tt;i'cjtt�` September 4,2012 Bradey,l. Currie Land Design Soulh of Florida, Inc 501:SF Port St. Lucie Blvd, Port St. Lucie, FL 34986' Dear Mr. Currie, the best in his land use change request: HCMlo request for land use a fellow owner of a [own on September Planning and Zoning Commission Hayhurst -Larsen and Hearing FLUMA November 15, 2012 Page 10 To: St. Lucie County Planning & Zoning Coranussion Members Front: Walter Deemer (879-7288) Re: Shawn Hearing, Hayhurst and Larsen Public Hearing November 15 The Planning and Zoning Conmussion is going to consider a petition next Thursday that would radically change the character of the River Park community by haphazardly rezoning three lob on Prima Vista Boulevard firm residential to commercial. The Prima Vista Boulevard Overlay Zone was adopted by the county in 1996. It provided for commercial development at just three Prima Visha intersections. Airoso, Floresta and US 1. It has held up despite the concerted efforts of a small group of Prima Vista owners and speculators to have their lots rezoned for cornaiercial uses so they can take the money and leave River Park behind. Their latest foray includes rezoning three properties — 738, 761 and 763 Prima Vista — from Residential to Conmiercial. Incredibly (from the hearing notice), ` XIotling is proposed at this tine for the two northern parcels but they may request a change in zoning to allow CO and CN uses'. The applicants, however, want all three parcels rezoned COM (Conunercial) - and River Park residents renentber all too well when the parcel at Airoso and Prima Vista was rezoned to commercial after the applicant assured us she had "no intention' of building a gas station there. But a gas station was allowed under the rezoning - and a gas station appeared on the corner shortly afterwards. Haphazardly overriding the very considerable efforts that went into the Prima Vista Boulevard Overlay Zone by rezoning parcels scattered along Prima Vista Boulevard - only one of which has an actual intended use for it per the hearing notice - would be a disgrace. If there are to be changes along Prima Vista Boulevard, they should be made, only after a careful study of the entire area - not in the slapdash way being proposed here. We urge the Conuiussion to disapprove the rezoning requests. Jack R. Johnson, Past President, River Park Homeowners Association Val Scorse, Director, River Park Neighborhood Association June Andrews, Past Director, River Park Homeowners Association Walter Deemer, Past Director, River Park Homeowners Association Planning and Zoning Commission Hayhurst -Larsen and Hearing FLUMA November 15. 2012 Page 11 From: Steven Frazer <It16970bellsouth.net> Sent: Monday, November 05, 2012 7:49 AM To: Britton De Witt Subject: Future land use Shawn Hearing, Hayhurst and Larsen-11/15112 Dear Mr. DeWitt: I am a home onner at 768 Lomas Street. I am opposed to the recommendation to change this area from RS4 to CO or CN. My reasons are as follows: 1. Changes the compete character of this neighborhood. 2. 'There are no sidewalks in the area and the increase traffic will hinder the movement of resident children and adults walking in the area. 3. There is no sewer system to support any large structure. Is the county prepared or this group prepared to put in a sewer system for the entire neighborhood. 4. Traffic should not be allowed to exit onto Lomas street. All ingress and egress should be onto Prima Vista. 5. Due to the increased traffic will there be a street light dedicated to Lomas Street. 6. Buffer. No area for a concrete buffer zone behveen the proposed office building and neighborhood. A wood fence is unacceptable to this area. Just take a look at the one at the auto parts place at Airoso and Prhna Vista 7. I do not believe your staff really took a look at how this office complex would really unpact this area. I will attend the hearing on November 15. Please forward true the exceptions involved in rezoning. Sincerely, Steven Frazer From: Andrea India <andrea.india@yahoo.com> Sent: Saturday, November 17, 2012 10:50 AM To: Britton De Witt Subject: Hearing, Hayhurst, Larson land use To whom it may concern, I strongly support and am in favor of the Hearing, Hayhurst, Larson land use change request. Please note that this on record as support for this land use request. Thank you, Andrea India From: baggy wrinkle <baggywrinkle19820yahoo.com> Sent: Saturday, November 17, 2012 10:54 AM To: Britton De Witt Subject: Hearing, Hayhurst, Larson Land use To whom it may concern, I strongly support and am in favor of the Hearing, Hayhurst, Larson land use request. Please note this on record as a vote in favor of the land use. Thank you, Prudence India Planning and Zoning Commission Hayhurst -Larsen and Hearing FLUMA November 15, 2012 Page 12 From: Mary Alice Williams <webbchiropractic@aol.com> Sent: Friday, November 16, 2012 9:41 AM To: Britton De Witt Subject: Land Use Change To Whom It May Concern: Please be advised that I am the Office Manger of Webb Chiropractic Clinic, and a St Lucie County resident. I approve of the land use change on Prima Vista Boulevard that Mr. Shawn Hearing is attempting. Mary Alice Williams From: Spencer Rutledge <spencer.rutledge@att.net> Sent: Friday, November 16, 2012 5:19 PM To: Britton De Witt Subject: Hearing / Hayhurst -Larson land use I am in favor of the Hearing / Hayhurst -Larson request for land use. Spencer Rutledge 2668 sw Ace Rd PSL, FL 34953 561-601-4209 From: snowbird1569comcast.net Sent: Friday, November 16, 2012 7:20 AM To: Britton De Witt Subject: hearing hayhurst ]arson i have been a riverpark resident for over 20 yrs , The Hearing Hayhust Larson project should be passed. It is about time the county does something positive to bring our area from 1996 mistake of overlay to alow the countys end of prima vista to be as beautiful as the city of psl part of the same road. sincerely Ida 156camino del rio spanish lakes Planning and Zoning Commission Hayhurst -Larsen and Hearing FLUMA November 15, 2012 Page 13 From: ADAM DiMARCO <adamloridimarco@yahoo.com> Sent: Wednesday, November 14, 2012 9:47 PM To: Britton De Witt Subject: hearing,hayhurst,larson land use change I am a long time River Park owner. I live directly behind an existing commercial property on Prima Vista Blvd. (Advance Auto Parts) This business has not changed or diminished the neighborhood. I am in support of the Hearing, Hayhurst, Larson land use change. I was at the Mr. Hearing neighborhood group meeting and I will attend the meeting on the 15th. What I do see that Advance Auto Parts keeps there property clean, landscape well maintain, luminated at night. Not like what you see driving on Prima Vista Blvd., a sore eye to the people in P.S.L. and to anyone who comes to visit my home. Who would want to buy a home on Prima Vista Blvd. From: Sent: To: Subject: To whom this may concern, Sincerly, Adam and Lori DiMarco veronique Lee <vero5nique@yahoo.com> Wednesday, November 14, 2012 10:23 PM Britton De Witt Re: Hearing, Hayhurst and Larson Land Project My name is Veronique Campbell, my husband and I have been a resident/owner of a home in River Park since January of 2007. My family and I love this little neighborhood. I ani aware of the project to turn the property of Mr. Hearing on Prima Vista from a residential property to a cormnercial property. I believe that it would be a wonderful thing for our community. I also believe that more homes on Prima Vista should be allowed to turn conarnercial if the business requiered it to. I think that what Mr Hearing is trying to accomplish is a great thing and I think that our community would benenit from this. PLEASE allow him and his business to be able to operate on our main road. I think that a small family operated business is just what Ave need. Sincerely, Veronique, Justin, Tyler and Evan Campbell From: Corky Horner <corky6769@earthlink.net> Sent: Thursday, November 15, 2012 5:29 PM To: Britton De Witt Subject: Riverpark Resident I am a riverpark resident and I am for the Hearing, Hayhurst, Larson Land use change. Thank You, Corinne Horner Planning and Zoning Commission Hayhurst -Larsen and Hearing FLUMA November 15, 2012 Page 14 From: Jimmy Ivins <jbuggsl3@bellsouth.net> Sent: Thursday, November 15, 2012 5:25 PM To: Britton De Witt Subject: request for zoning change on Prima Vista Blvd I live in River Park, my name is James Ivins, I live on Solida Dr. I approve the requestthat Shawn Hearing has submitted for a zoning change. Prima Vista is one of only two East /West through ways in P.S.L. the amount of traffic will not increase any more than it already has in the past 29 years that I have lived here. There is no place on Prima Vista Blvd. that is pleasant to live with all the noise on that road. Once it becomes commercial on Prima Vista the business there will make it look better and will keep up with grass and landscaping as to attract people to stop at their store, people don't go to run down looking establishments. Some of the houses on that road don't even keep the grass cut or the trash picked up from out front of their yards. Thank you very much lames Ivins From: Maria McCadden <mmccadden@stanna.org> Sent: Sunday, November 18, 2012 3:07 PM To: katefla@netscape.com; Beaversrj@bellsouth.net; ericac77@aoLcom;jimcar204 @gmail.com; JBuggs133@bellsouth.net; Robkin_J@bellsouth.net; planmanl969 @bellsouth.net; wslatham@yahoo.com Cc: Britton De Witt Subject: RE: FYI Re: Land Use Change request Kathleen & "Everyone", Terrific points made here! No one has the right to object to another person's decision to stay or leave an area. That's what ive call freedom in America! I live just a half a block from the intersection of Prima Vista & Floresta, and the noise from the traffic is very disruptive. When the weather gets cooler I enjoy taming off the A/C & opening the windows, but the noise of the traffic some rights and days makes it impossible to enjoy my music, a. movie, or just some peace & quiet. The Prima Vista con idor links all main North & South streets in Port St. Lucie, creating easy access to US I and I-95. In my opinion Prima Vista Blvd. has become a connuercial main street and thoroughfare. To subject homeowners to outdated laud use laws is both inhumane and unjust. I would hope that the powers that be will give more thought and consideration to tine testimony of tine people who actually live along this main artery thorn to those who would hold us hostage to their outdated vision for our beloved River Park, hope to be able to attend the hearing on January f 7th to make my voice heard, and to stand in solidarity with my neighbors. PEACE, ---maria--- From: ediesaun66@aol.com Sent: Friday, December 14, 2012 2:47 PM To: Britton De Witt Subject: Approval of Hearing, Hayhurst, Larson Project to change land use The land use on Prima Vista Blvd. should have been changed to Commercial when the road was widened in the 1990's. I approve of this being done now. Thank you, Bernice J. Saunders The Savannah Club Planning and Zoning Commission Hayhurst -Larsen and Hearing FLUMA November 15, 2012 Page 15 From: ediesaun66@aoI.com Sent: Friday, December 14, 2012 3:24 PM To: Britton De Witt Subject: Hearing, Hayhurst, Larson Project to Change Land Use - Prima Vista Blvd I approve the Zoning, Land Use Change on Prima Vista Blvd. from Residential Use to Commercial Use from US 1 west. The section on Prima Vista Blvd. Floresta to Arose is an eyesore and should be cleaned up. Thank You E. Saunders Brazilian Circle Port St Lucie From: ediesaun660aoLcom Sent: Friday, December 14, 2012 3:39 PM To: Britton De Witt Subject: Hearing, Hayhurst, Larson Project to Change Land Use - Prima Vista Blvd I approve of the change of Land Use on Prima Vista Blvd. from Residential to Commercial use_ Please do not let a few narrow minded individuals hold the town hostage. Change the Land Use and let progress begin_ Sincerely Frank L. Van Bevel The Savannah Club ST. LUCIE COUNTY Planning & Development Services Department Planning Division C CL c Lo [ t L — 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 TVDe rcheck each that applies Site Plan Rezoning' ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment ° ❑ Major Adjustment to PUD/PNRD/PMUD ® Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ 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 Y ❑ Administrative Variance ❑ Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home 6 ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Changeb ❑ Land Development Code Text Amendment 7 ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # 6 ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements' ❑ Appeal of Decision by Administrative Official70 Application SupDlement 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 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: x❑ 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 © Property Deed ® Legal description, in MS Word format, of subject property' ❑x Property Tax Map — property outlined (electronic copy not required) ❑X Survey x❑ 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) 171 Concurrency Deferral Affidavit; or O 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: ❑ 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 August 11, 2011 Project Information Project Name: Hayhurst - Larsen Properties Site address: 761 and 763 East Prima Vista Boulevard Parcel ID Number(s): 3419-515-0150-000-2 and 3419-515-0151-000-9 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) Legal Description - 761 NE Prima Vista Boulevard - Hayhurst - LOT 11, BLOCK 25, RIVER PARK UNIT 3, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 80, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA Legal Description - 763 E Prima Vista Boulevard - Larsen - ALL OF LOT 12, BLOCK 25, RIVER PARK, UNIT-3 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 80 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA SAID LANDS LYING IN ST. LUCIE COUNTY , FLORIDA. Property location — Section/Township/Range: 22/36S/40E Property size — acres:•27+.26-.53 Square footage: 1, 353+1,080-2,433 Future Land Use Designation. Existing: Residential Urban (RU) Proposed: Commercial (COM) Zoning District: Residential, Single Family 4 (RS-4) Description of project: (Attach additional sheets if necessary) The subject properties would be more consistent with the heavily traveled roadway if they had a commercial Future Land Used designation. The River Park -Community Overlay zone does allow for commercial development at certain intersections without a land use change. This application is simply requesting commercial uses be allowed on the parcels that are a part of the application. Type of construction (check all applicable boxes): ❑X Commercial Total Square Footage: Existing ❑ Industrial Total Square Footage: Existing ❑ 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 Proposed: T.B.D. Proposed:_ Proposed:_ Proposed:_ SPECIAL NOTICE (PLEASE READ BEFORE SIGNING, ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requiremenis nwst be met prior to this project being presented lot approval to the appropriate authority. St. Lucie County reserves the right to requesl additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Aj. pl cant Information (Property Developer): Business Name: Name, 'Lawn uesrinq .Address: ''8 NE Prima Vista 11,0uh. -._n Poi ot, t,UC G--.Merida -.4 9 (Please use an address that can accept overnight packages) Phone: Fax: Email: slt=_-thp bc-1.lsouth. net Agent information: Business Narne:i.ana GF_eion Scum of Flor_iJa, 1r Name: Address: �` -r•: 1'� _ sr_. :_aria Isnulu:�r:5 rnrt. r �r�ci F, Flaiiiis :1'+54 (Please use an address that can accept overnight packages) Phone: 112-a%1-7-7a Fax: Email: bcmr;'i olml anOdeziynsottth.rrym Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information 1-his 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 r- - Property Oxnei Signature ' Properly o;.na, 11ame`iPrinied) Mailing Address: C6k s, �U�C'( >>1_. Phone: _{ If more than one owner, please submit additional pages ` STATE OF � 1CJ (i�ty_. ,COUNTY OF -i = Lt}6�£�-- The foregoing instrument was acknowledged before me this Ei day of �f�j20 by 4 a --y N� e. L-174 who is personally known to me or whjo has produced as identification. a� ) �ipnalu[[: of Nclgi9 t YDc or Pnnl Nnox of Notary } QT g, ) 2-o) d,�IF 1 nPTIZ _Commission Number (Seal) r05m Stlt, of frodda - onnl UI r tr t n,a -, :nil. au Li 47@not a 1ipnU � i ae) kS5 ..a� Page 5 of 6 : -�- Revised August 11, 2011 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): Agent Information: Business Name: Business Name: Land Design South of Florida, Inc Name: Name: Bradley J. Currie Address: Address: 501 Se Port St. Lucie Boulevard Port St, Lucie, Florida 34984 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: Phone: 772-871-7778 Fax: Fax: 561-47e-501e Email: Email: bcurrie4➢landdesignsouth.com Please note: both applicant and agentwill 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. Signature Mailing Address: T791 $y S t(- w `t I �ol�T sc Loc rE FL 305 h/C//q/2J _14A_S%1-futZ� Pmperty Ow rNam (Printed) Phone: 77,d, - �k r y - 86 47 If more than one owner, please submit additional pages STATE OF GIOrx-1" COUNTY OF J/Za r-h IJ The foregoing instrument was acknowledged before me this (r day of Jt( 20_12— by iZ .1 C.hR r-Q who is personally known to me or who has produced 7 - _�\D as identification. vc�-,nC, �,gnsuura cr mom IIN b"? Commission Number (Seal) E � Type or Print ernema or o ry AMY ONDNOVIC cs Notary Public - Stale of Florida My Comm Expires Feb 29. 2016 Nr; Commission N EE 174671 Banded through National Notary Assn. Page 5 of 6 Required Document Naming List ' All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on CD Aerial Photograph PDF Aerial. df Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev. df Boundary / Topographic Survey PDF BoundaryTopo.pdf Drainage / Stormwater Plan PDF Draina ePln. df Easements PDF Easements. df Environmental Impact Report PDF or Word EIR. df or EIR.doc Existing Condition Plan PDF Existin Cond. df Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit External PDF Permit. df Plat PDF Plat. df or Plat.doc Property Deed PDF Deed. df Site Plan PDF SitePlan. df Traffic Impact Report PDF or Word TIR. df or TIR.doc Tree Survey PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utiliity Plan PDF Utiliit . df Vegetation Removal Application PDF Ve etation. df Page 6of6 Revised August 11, 2011 Print Form Supplement 4 Refer to St Lucie County Land Development Code (LDC) Section 11.06.00 SPECIAL NOTE: Under the provisions of the LDC, a petition for change in land use is considered to be a PRELIMINARY DEVELOPMENT ORDER. Under the definition of Preliminary Development Order, and consistent with the County's concurrency regulations, St. Lucie County neither warrants nor represents that there are sufficient public facilities or services available to serve the property on which the change in land use is sought. Further, pursuant to Section 5.08.01(B)(2) of the Code, a Certificate of Capacity Exemption must accompany all applications for land use changes that acknowledge that no public facility capacity will be reserved for the subject property. A determination of public facilities capacity is required prior to the issuance of a Final Development Order. A Final Development Order cannot be issued until capacity is available. Check One: x Future Land Use Amendment Comprehensive Plan Text Amendment Please provide a written description of the proposed development including statements about: 1. The total area of the proposed development; the type of residential or non-residential development proposed; the number of residential units and the square footage of non- residential development. 2. The tentative construction schedule for the proposed development, including, if applicable, a tentative schedule for phasing construction. 3. A description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County. Parcel Acres: 0.27+0.26=.53 Amendment Acres: ,53 Property Address/Location: 761 and 763 East Prima Vista Boulevard Existing Future Land Use: Residential Urban (RU) Proposed Future Land Use: Commercial (COM) Existing Zoning: Residential, Single Family 4 (RS-4) Existing Use: Single Family Homes Are any other applications being submitted concurrent with this application? YES x NO Please indicate the type of any concurrent application(s) being submitted: Describe the existing improvements and structures on the amendment lands: Existing Single Family homes on all four properties. Page 1 of 11 Revised: June 19, 2008 Supplement d Proposed use of amendment lands: TL, cuaer'� r propozn nq Co develop �_hr:r propriru es �i Ch uscv cC':rsrsLent With file user n!lc«eo ,n sac co ..ao ct� on�nq i�; s<:_ct�. Reason for making this request: Prima Vista Blvd. is currently a heavily traveled roadway. It does not lend itself to residential type uses. The . :n: iiy u-.: rlr-d :'cauoap if they n or.,:nerci a' 'r uc.ure i.and U.CeI ..c' orauca. The 3:v.-r r Cor-�ii'[r t -e:le do .,.: `.or cumm lcil devulopmnen: at CO -Lain Wlttt >..c u _..ne t.:3- cn,tnye. Mlii ..ppne.:-loll is Sine"', rvaues'tny co ar._: cra t.sea Lcl on the oarcels thau are a part of Chi, application - Applicant or Agent Name (Printed; Page 2 of 11 Revised: June 19. 2008 Signature,, Supplement 4 Required Documentation On a separate sheet provide the following information. Your responses should be thorough and supported by references to specific sections of the Comprehensive Plan that are applicable to the proposed future land use amendment. Please provide documentation to support your responses and complete the attached worksheets. 1. A general statement describing whether and how the proposed amendment conforms to the St. Lucie County Comprehensive Plan. 2. A statement describing how the proposed future land use designation is compatible with the future land use designation(s) and existing land uses surrounding the amendment lands? 3. In accordance with Future Land Use Policy 1.1.5.3 provide the following information: a. Identify future land use designations and existing land uses within '% mile of the subject property that have the same or greater type of proposed future land use designation. b. Is the property under the land use amendment application within the Five Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County or otherwise meet the requirements of Policy 1.1.5.4. 4. Provide a statement describing any conditions affecting the area of the amendment lands that have changed since the most recent adoption of the Comprehensive Plan. Describe any changes in development patterns, utility availability, and public service capacity. Provide the data and analysis supporting your conclusions. 5. Provide a statement describing why there is a need for the proposed Future Land Use Map Amendment and how the amendment will result in an orderly and logical development pattern. 6. If a change to Industrial Land Use is proposed, explain how the proposal meets Future Land Use Policy 1.1.11.2 or Policy 1.1.11.3 of the Comprehensive Plan. 7. Provide a traffic report of the potential impacts to the County's transportation system brought about by the proposed land use change. The report must include existing, background, committed trips, and the projected traffic volumes and the level of service for all affected roadways. Projected traffic volumes must be based on the highest density/intensity allowed under the requested future land use designation. 8. Describe the drainage characteristics of the area and what effects the proposed land use amendment would have on the volume and quality of stormwater runoff? Identify the property's flood zone classification? 9. What are the potential environmental impacts of the requested amendment? Describe the natural resources occurring on and adjacent to the amendment lands. Identify any protected species that are known to occur and estimate the acres of wetlands and native upland habitats on the amendment lands. Identify Category I, II, or III Wetlands as described in Policy 8.1.14.1. Page 3 of 11 Revised: June 19, 2008 Supplement 4 10. Provide a potable water impact and capacity analysis and documentation that demonstrate adequate water supply facilities and service will be available concurrent with the impact of development. Provide correspondence from the service provider verifying their ability to serve the proposed development. (See attached worksheet) 11. Provide a projection of the average daily volumes of solid waste that would be generated if the land use(s) change. 12. What demands for recreational facilities will be created by development as a result of the land use change? If you are requesting a residential classification, identify the recreational facilities and open spaces that are available in the vicinity? 13. Indicate the location of any archaeological or historic resources that are known to occur on or near the amendment lands. Describe potential impacts to these resources as a result of the proposed amendment. Provide a copy of any available archaeological or historic assessment. 14. Is the property currently within the Planned Urban Service Area Boundary? 15.If you answered "no" to Question 14 above, will the property be used for "urban development activities" as defined in Future Land Use Policy 1.1.5.1? Check which urban development activities apply: Residential development in excess of two units to the gross acre. Any non-agricultural commercial activity. Any non -extractive, non -agriculturally related industrial activity. 16. If any item in Question 15 above is checked, the property must lie outside the Planned Urban Service Area. If an expansion of the Urban Service Area boundary line is proposed, please refer to Future Land Use Policy 1.1.5.1 and answer the following questions: a. What is the distance between the property and the Urban Service Area Boundary? b. Is the subject property contiguous to lands with the requested future land use designation? c. Can the owners of contiguous properties between your property and the present Urban Services Area Boundary ensure appropriate urban infrastructure and services can be provided? If so, please provide documentation. d. To what extent will the proposed expansion detrimentally impact the established character of the area? 17. If changing from an agricultural category (AG-5 and AG-2.5) to a non-agricultural category (all others), please answer the following questions. a. How will the non-agricultural use(s) maintain the viability of continued agricultural uses on adjacent lands? How will any adjacent agricultural uses affect the proposed non- agricultural uses? Page 4 of 11 Revised: June 19, 2008 Supplement 4 b. Using the St. Lucie County Soil Survey, provide documentation of the soil type(s) found on the subject parcel and their suitability for the proposed use. Indicate their suitability as defined by the soil survey. c. Describe the existing land characteristics and how the proposed land use is suitable with those characteristics? d. Does the proposed land use amendment propose the extension of the urban services boundary in a manner that creates any enclaves, pockets, or finger areas? e. Describe why the non-agricultural uses could not be feasibly located on non-agricultural land. 18. Provide a copy of all existing federal, state, regional or local permits or plans related to the property (i.e. SFWMD permits, USDA Conservation Plans, documents related to the lands present or past enrollment in any federal, state or local program). 19. Indicate if the area under consideration is located within a unique area with common characteristics, such as the Indrio Road corridor and White City. If so, indicate how the proposed change in future land use is consistent with the character of the area and any neighborhood plan or special planning project for the amendment area. 20. Identify any local government within one mile of the amendment lands. If any, provide a copy of the proposed application documents to the appropriate government official. Indicate the name and address of the official for which the application documents were provided. 21. St. Lucie County reserves the right to request additional information Page 5 of 11 Revised: June 19, 2008 Supplernent 4 APPLICANT ACKNOWLEDGEMENTS Owner's Sicfature Must be Notarized i GFRTIFY Tl iAT: (CHECK ONE) _ _ 1 (We) do hereby cortify that I (we) own in fee simple the above described property for which a hancte in Futtrie Land Use is requested. I (VVe) are not the owner of the above described property, however, the owners signature I:felow authorizes the applicants the authority to act as agent for the owner(s) of record. Applicant", 'Signature iu{dress: t'1 uw, Date Fax. Email Ad<imss: Note: The individual listed on the main application will be the County's single contact for- all correspondence and other communication related to this application. Pr of-ERTy OWNERS ACKNOWLEDGMUNTS: (please print) - This supplement will not be considered complete without the signature of all property owners of record, which shall serve as an ;icknowledgement of the submittal of this application for a change in future land use. The property owner's signature below shall also authorize the applicant (if other than the property owner) and/or Agent to act in his/her behalf forthe purposes of seeking this change to the Cormty's Comprehensive Plait for the property described herein. Trip+ t� rNVnCr Sirjnalura } Property Ownc" Nnmc iP-in:ed} hailing Address: = , -•�_ ; `s.._ `= Phone: 7' If more than one owner, please submit additional paths TAI F aP "lni _, COUNTY OF t The foiegoing instrument was ackno4Jledged befola me this -' day o0 -i . 20 - L)c J e r!_ C- I s who is personally known to me or who has — - produced iynal�"+a Uc,a as identification. T jr,e or Pool Ham of N;dary Commission Number JA 1 (J M � f 4 1" ""a"y PuUic tilate c"f rfonA3 a _ kZ cmm. EsPr(CS o,n t 2074 � IJ[ Goim uesion s OU 4T"U4t �' 1 Ili ql i ti i,. a.y,lFsn .v--�.'� Page 6 of 11 Revised: June 19. 2008 Supplement 4 APPLICANT ACKNOWLEDGE-imizilTSsOwner's Signature iVlust be Notarized) I CERTIFY THAT: (CHECK ONE) ___ I (We) do hereby certify that I (we) own in fee simple the above described property for which a change in Future Land Use is requested. I (We) are not the owner of the above described property: however, the owners signature below authorizes the applicants the authority to act as agent for the owner(s) of record. Email Address Note: The individual listed on the main application will be the Cotinty's single contactfor-all correspondence and other communication related to this application, PROPERTY OWNERS ACKNOWLE:aC`MI=NTS: (please print) This supplement will not be considered complete without the signature of all properly owners of record, which shall serve as an acknowledgement of the submittal of this application for a change in future land use. The property owner's signature below shall also authorize the applicant (if oiler than the property owner) and/or Agent to act in his/her behalf for'the purposes of seeking this change to the County s Comprehensive Planjorthe pr6p6rty d�tcrib d heroin.zj Prope 1y i wn�r 5 rpiniure Propel I lJam . iPnntedi" Mailing Address �'�`' ''_i, Phone: If more than one owner. please submit additional pages STATE OF COUNTY OF Vi � ),, . --- _ The foregoing instrument was acknowledged before me this t `( r_I day of . , 20 % t= -- by jt� a r`Y_y �� (�-iJ-Et�t.,`t who is personally known to me or who has produced Page 6 of 'I t Revised: June 19, 2008 as identification. - 1 ype or Fnn 'eme o hiolary Commission Number (Seal) Y. 201 a 7l lFppt �fl'ti`i'ii APPLICANT .ACh€d{`71tt,+LINDE.k..MIGNTSQYirne `iign-atureiiii c- k,FNot tined 1 Cr IF( "IHAt: (CHECK UNK) __ 1 (14) do hereby certify that t (we) c,;vn in fee siinple Me abovepl,,=pertly for (1mvigi-, in Future t.-and Clse is tecluested. _ 1 (Wo are not the ownetof the alinv% d,scl pioperly; ho%acvei, lht- 0V,,rGrS sigg lcltule b-cA wv authorizes the applicants the authody to ad as ageru for the CAvnF-Ci ) of wcord. tMM: he ItBsvIC?ual flsfed on (fie? iiimh'i .pplicaiiull "I I be t 0 C:c ut ty''; .single cotlfact kvt ff r,rat'f',asf3ot(dE. lco aril other, coitinujilic ation (<'.laraE to thhl. pplicatkin. PROP E FIT" Gtr11(`J RS ACKNOVILLt Gfil NTS: (please print) -I his supplen lent vVi!1 not be considered complete without the signature of all propef[y ovan2r;, of record, which shall serve al� ali acknowledgement of the submittal of this applit:ation fray a change in future Land use. The property owners signature below shall also authorize the applicant (if other than the property owner} and& Agent 10 act in his(ier behalf for Hie purposes of seekuy this change to the County's Comprehen,i+rc Plan fcyl/Vie pip by described I,ierein. It t,� fill,/ — tepo-d Uvawi tJta Jmy Addtess: cQ- li more tan une owner. }dense Numnit additlon,l p. ooz I lip forme egoing instrunt "vas acknowledged I are me this _._r.) clap' of A ( �,,20( by }lG�t l(j _---- f.nr(lo is personally -known to me nr who has produced identification. Commission Plumber (Seal) Face 6 of 11 Revised' June 19. 2008 TRUWBRIDGE: kDD887 o 12013 Supplement 4 St. Lucie County Potable Water Availability Worksheet This worksheet is provided to assist applicants in submitting comprehensive plan amendments that provide the potable water analysis required to determine the availability of potable water resources to serve the proposed development. The South Florida Water Management District and local utility company contacts are attached. 1. General Information Date: May 18, 2012 Contact Name: Bradley J. Currie Phone: 772-924-2602 E-mail: bcurrie@landdesignsouth.com Potable Water Supplier: City of Port St. Lucie Utility Systems 2. Infrastructure Information Water treatment plant permit number:4560954-01, 02 Permitting agency: FDEP Permitted capacity of water treatment plant(s):41.65 million gallons a day (mgd) Are distribution lines available to serve the property? X Yes No If not, indicate if, how and when the lines will be provided: 3. Water Management District Consumptive Use Permit (CUP) CUP Number: e6-00142-w Expiration Date: 7/10/2028 Total CUP duration (years):20 CUP allocation in last year of permit: 18754 MGY annual allocation Current Status of CUP: X In compliance Not In compliance Reserved capacity:0.909 MGD reserved but unconnected 4. Consumptive Use Analysis A. Current year CUP allocation: 51.38 MGD B. Consumption in the previous calendar year:13.496 MGD C. Reserved capacity or growth projection: 0.909 MGD reserved & unconnected capacity D. Projected consumption by proposed comprehensive plan amendment areas: .010314 MGD E. Amount available for all other future uses (A-B-C-D =E): 36.975 - .010314=36.964 see attached Justification If the amount in E is zero or a negative number, explain how potable water will be made available for future uses: Page 7 of 11 Revised: June 19, 2008 Potable Water Proposed Demand Justification The subject property consists of four parcels totaling 1.46 acres in size. The applicant is proposing to change the Future Land Use designation of the subject property from Residential Urban (RU) to Commercial (COM). As a part of the request the, St. Lucie County requires the applicant to determine the increase in Potable Water associated with the request. The following defines how the increase in water demand was determined for this request. Existing Land Use Proposed Land Use Land Use RU COM Designation Parcel Acreage 1.46 1.46 Maximum Five (5) Dwelling Units Per Acre 50% building coverage at 3 Development stories Potential Equation = 1.46 x 5 = 1.46 * 43,560 * .50 (building coverage) * 3 floors Development 7 Dwelling Units 95,396 total square feet Potential Potable Water LOS 100 gpcd (gallons per citizen per 125 gpd per 1,000 square day) feet equation =7*2.3 (People per household) * =95396/1000*125 100 Potential Demand 1,610 gallons per day 11,924.5 gallons per da Projected Increase 10,314 gpd or .010314 MGPD Supplement 4 Potable Water Availability Worksheet Instructions Date: Enter worksheet completion date. Contact name: Enter the contact information for the person who prepared the worksheet. Potable water supplier: Supplier for the amendment area(s). 2. Infrastructure Information Permitted capacity of the water treatment plat: Obtain from the utility. Distribution lines: Indicate if distribution lines are available to serve the property. If not, indicate who will fund the improvements and when the improvements will be completed. Reuse Distribution lines: Indicate if reuse distribution lines are available to serve the property. 3. SFWMD Consumptive Use (CUP) Permit Information CUP information: Obtain from the utility. Reserved capacity: Enter the amount of potable water capacity currently encumbered for developments that are approved but not yet constructed. 4. Consumptive Use Analysis Designate mgd or mgy: Indicate which unit of measure is used. The figures may be cited in units of either million gallons per year (mgy) or million gallons per day (mgd), but you must be consistent throughout the worksheet. A. Current Year CUP allocation: provide the annual groundwater withdrawal allowed under the SFWMD — issued CUP for the current calendar year. If you receive water from another local government, enter the allocation established by agreement or by the secondary user CUP issued by SFWMD. It is important to consider the duration of the CUP and the CUP allocation in the last year of permit. If your CUP allocation is less in the final year than in the current year, consider using the final year figure as a more conservation approach for planning purposes. B. Consumption in the previous calendar year: this figure may be taken from the EN-50 forms (SFWMD), from FDEP monthly operating reports, or from other acceptable documentation. Cite your source. C. Reserved capacity or growth projection: Enter an amount based on your reserved capacity or growth projection. Check which alternative you selected. Attached the calculation for the alternative selected. Reserved Capacity: Enter the amount of potable water capacity currently encumbered for developments that are approved. Growth Projection: Enter the water use attributable to this year's growth and cite your data source(s). Sources for growth projections include the comprehensive land use plan, the CUP, the most current SFWMD water supply assessment, or Page 8 of 11 Revised: June 19, 2008 Supplement 4 the utility's water supply plan. Include the amount of the previous year's allocation that was not used. D. Projected consumption: Attach a description of formulas, including figures and assumptions used to deriver this figure. The projected consumption should be based on new growth attributable to the proposed amendment. Calculate the difference in projected assumption based on the difference between the maximum development potential under the current future land use designation and the proposed future land use designation. E. Amount available for all other future uses: This line represents the amount available for all other future uses by subtracting lines B, C, and D from A. Contact Information: South Florida Water Management District (SFWMD) Keith Smith, Sr. Supv. Hydrologeologist WATER USE REGULATION Mailing Address: P.O. Box 24680 West Palm Beach, FL 33416-4680 Telephone number: 561-682-6620 SFWMD Martin/St. Lucie Service Center Upper East Coast Office Phone: 772-223-2600 or800-250-4100 The Upper East Coast Water Supply Plan webpage is http://www.sfwmd.gov/org/wsd/wsp/uecwsp.htm St. Lucie County Utility Office mailing address: 2300 Virginia Avenue Fort Pierce, FL 34982 Office telephone numbers: 772-462-1150 Office fax number: 772-462-1153 (Fax) Office e-mail address: Utilities_Customer_Service@co.st-lucie.fl.us Fort Pierce Utilities Authority (FPUA) 206 S 6th Street Fort Pierce, FL 34950 Mailing Address: PO Box 3191 Fort Pierce, FL 34948-3191 Office Telephone Number: (772) 466-1600 Page 9 of 11 Revised: June 19, 2008 ti(. Lucie Count), Concurrence` Deferral Aflidavil 1nft� -i a�Iic�t _7.ticslding or doing hu»ness tl Name Strert Cnc i Stag I f - /q> Phone h N c applied far a n �U 9J' { Q7 f pirr"ti>7 ��__. �pjtia_bo) . from St. Lucie Comm. Florida. Type of Development Order t For the lollonving project: Name at Propo,ed Development I do hereby affirm that in connection nvith my application fix tile the above project. I have elected to dcicr the cerlilicatc of capacity and resonation it[ -capacity in public I'acilitics for the above property until a later time, but no later Oran the application for a final development order fix 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 he 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 than according to Section 5A5.01 of the St. Lucie County Land Development Code, no final development approval can he granted until capacity in those facilities is available at that little. The issuance of it preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. i Sigocd:✓!,L�L� ti zFi(� _ Date: Applicant / STATE' OF FLORIDA COUV'I'1' OP.��-mot 1✓.-tt=.r 1 The foregoing instrument was acknowledged before me this � 1 d1v of �,\��t 2C61 b1 � }y�� 10\k ii wL — 1 svho is personally known to me or scho has prwhrecd CLt -Q�ZI % C3O-Z�j I� ( asl'4lcntificat ion. titgna arc of Notan 'Type or Print Name of Nolan <_.. �Z____ Commission Number (Seal) «mob -94:ub Y"'VatITPFtlic - SlefsoflcrtdaMsMaytL2"ion I DO 8 62335 Pace 1 of I Revised: April 1.2008 St. Lucie County. Coneurrenc)' Deferral Affidavit tit Fr mm sidin� or doe husines; z_ ,ci _ ,'Nome -- Street 71fd, 11 t'in State Zip Phone have applied lot t %i��1� J���ih�{iz, ,n--i'`_1 _from St. Lucie Cotuvc. Florida. l A-pe of Developmem Order - } iir the fallowing project: t7ft7r11y' I I�,(Wn 11�1��t,= ;� le-1 ,o E no il,�sf+',it.j�_• t i�.unc of PiohosrJ Dca�h potent I do hereby affntit that in connection kith my application for the abo%e project. I have clecicd to delcr the certificate of capacity and reservation oh capacity in public facilities for the above property until a later tittle. but no later than the application fur it final development order for file sannc propertc. I underswnd and acknowledge that tic above listed property will be subject to the certificate 01' capacity before any Final development order can he issued. and that 9, Lucie County can rnake on guarantee that adcyuate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.O8.01 of the St. Lucie County Land Development Code. no final development approval can be granted until capacity in those Rwilitics is available at that time. The issuance or preliminary development order without a certi I icate1of capacity creates nu vested or other tights to develop the suhjeet property. I Signed: Dale:- -7-5-I �pplirnnt S I'AII OF 1-1.OJUD,�j u i7 'l 10 forgoing tnstptmcnt vN s acknowledged before me ibis day of �'{ � �� _ �0/ ` � by �. ieho k personally kmm-n to me or who has prod"ced r of Noun), iSS i un IN' Lill ber (Seat) Type or Print Name of Notary 1g _ � t kLi!E t Cl VaL a t Page I ul I Rcoixd: April I, 2008 U N Cam= IR atT �.4 h c [•L �i 0 L. d L. (O ID i M0 W S$ 4J N CzC C L CL Pmpmed Pr: Pamela Ataood Chehea 1111, Company 1229 S.F. Part St. Led, Blvd, Part St. t.uele, Fl, 34952 incidental to the it mane afa till, imamoce policy. File Number: 03431 Panel ID 0: 3419-515-0150.00012 Gramec(s) SS 0: This WARRANTY DQED, dale) JIM by LORAINE M. LE PER whose post a ce address is: JOANNE HOLMAN, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY File Number: 2194313 OR BOOK 1701 PAGE 793 Recorded:04/20/03 15:12 WARRANTY DEED (INDIVIDUAL) assigns of individuals ndthe occessors an ns \ l \ _----"'-"""""" rporetions.r WITNESSETTI: That the GRANTOR, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms onto the GRANTEE, all that certain land situate in St. Lucie County, Florida, viz: Lot 11, Block 25, RIVER PARK UNIT 3, according to the plat thereof, recorded In Plat Book 10, Page(s) 80 of the Public Records of St. Lucie County, Florida. SUBJECT TO covenants, conditions, restrictions, reservations, limitations, easements and agreements of record, if any; taxes and assessments for the year 1003 and subsequent years; and to all applicable zoning ordinances and/or restrictions and prohibitions imposed by governmental authorities, if any, Witness Signature: Witness �~ / Print Name: ZA) /"/�l s.SL_ l amamildly pu is o�'[ha-SIaFlo iJa elm nsso ex irc. Y P THE FOREGOIN STRUMS vas acknos d edbe me on LORAINE M1I. SEBALD, INGLE PERSON, SURVIVING SPOUSE OF HARVEY O. SEBALD, DECEASED who is personally known to me or who has produced driver license as identification and who did not lake an red). Notary Seal Signature: Print Name: AMY D. CROO Notary Public �OYMYa Ge 1 C Cuinm NFL �A(vo,F o CC r15, a 4*f0a3 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE t1 3263699 OR BOOK 3021 PAGE 633, Recorded 10/07/2008 at 01:09 PM Doc Tax: $231.00 D Th d ument pre ed y ( d after reco ing u): ) Name: Reta S. Hampton, Esq. ) Finn c/o NationsScarch of Florida, LLC ) 4875 Olde Towne Parkway ) Ste 50 ) Marietta, GA 30068 ) Phone: (770)977-0933 ) Loan No: 61022638 ) USLTNo. 85004598 ), Other File No. L843106 OF FLORIDA Y OF SAINT I This Line Reserved HSBC RANK-AS-rRUSTEE, FOR-TIM REGISTERED -HOLDERS OF NOMUR*-HOME EQUITY LOAN, INC. ASSET -BACKED CERTIFICATES, SERIES 2007-2, a national banking association organized and existing under the laws of The United States of America; hereinafter called the Grantor, whose mailing address is: c/o Ocwen Loan Servicing, LLC 12650 Ingenuity Drive, Orlando, FL 32826; and WAYNE LARSEN AND BEVERLEY LARSEN, HUSBAND AND WIFE, hereinafter called the Grantee, whose mailingg address is: : WITNESSETH, that the Grantor, for and in consideration for the sum of Ten Dollars $ 10.00 and other valuable c ration, the receip of is hereby acknowled e bereby n s bargain and sells the ou Gro�ee, and rante ' suc eirs, a d assignsl for all hat cerin p reel of 1 nd in A9yVT U to o on to wt IN BLOCK 25 TF *IVEB DED IN PLAT O K 1Q 'Y. FLORIDA: A K/ 763 FL :CORDS OF ST. LUCIE 'ARD, PORT qAINT LUCIE, TOGETHER with all of the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. OR BOOK 3021 PAGE 634 cia ns t an persons wmmns er In it I s Whereof, I 'mn o Signed, led and de ered in 9ERy ATTEST- �?¢, CC�PrRppPO��NAyyIs C Q SGXI STATE OF FLORIDA COUNTY OF ORANGE warrant the title 6 said I1ind,land will y4efe4d the hand 4nd sal the day and year first written. HSBC Bank as Trustee, for the registered holders of Nomura Home Equity Home Loan, Inc. Asset -Backed Certificates, Series 2007-2 By: Ocwen Loan Servicing, LLC, as Attorney -in -Fact By:,(�(_/ Title: The foregoing instrument was acknowledged before me this 15th day of September 2008,by Keith Chapman REO Manager _,who is personally known to me or who has produced as identification and who did /(did not) take an oath. OR BOOK 3021 PAGE 635 cm 1 101534101, OR SK 44854 Page 1850, Page 1 of 5, Recorded 11/29/2007 at 04:13 PM, Broward County Commission, Deputy Clark 2065 POA N: 1828 LIMITED POWER OF ATTORNEY HSBC BANK USA, AS TRUSTEE (hereinafter called "Trustee") hereby appoints Omen Loan Servicing, LLC (hereinafter called "Oran"), as its true and lawful ra may -ice -feet to act in the name, place and stand of Tmsur for the Qv oores set forth below. Omen is the SerYser for many securitiratims; (the "Agreements' see Exhibit A acheda� forTlisf'�1 now In exi cerite nt�ddtt ibwiII be formcd-fiamllar s . 1. To exelvtC, ec owl ge, seal end deli r de of ws moo age note en ae cots, lost assignments of de<d of sVm rtgage and otM1errt ord documc ti,s isfedion I<nse reconveynn trusVmongage, subomin lion and mmfifle bans, x is thodry tificmions end deal lions, deeds, end oNer instruments oft' conveyance, and east ,approp 'ately cons let, ith all ordinary endossemcnb, acynpwle en affidavits, and uppo ing docu ems may be accessary or pprop 2. TO execute nd ddi r InsurenTe filings claims. Ndavtts of eeok osmmnons or ou « , uw�. counsel, no ihry affidov notices oft him,forte sure deeds, trans rtax aRsdaviB,a tdaviu of merit. verin irlea itfcomplainis, noticestoqut anksuplcy declarations for the purpose of filing motions for stays, en other documents or notice flings on behalf of Tnastce in connection with insurance, foreclosure, bankruptcy end eviction actions. 3. To endorse any checks or other insnumen" received by Ocwen and made payable to Trustee. C To pursue any deficiency, debt or other obligation, secured or unsecured, including but not limited to Chum arising from foreclosure or other sale, promissory note or check. This power also authorivas Does. to collect, negotiate or otherwise seBle any deficiency Beim, including interest end astormy's fees. 5. To do any other act or complete any other document that arises in the normal course of servicing Dated: April 26, 2009. HSBC BANK USA AS TRUSTEE Wines Name: StoViceP, A,,, �. Title: Vice President Name: Elena en D State of _New York County of ings I BEFO E.Dori Wong No1my bile In and for the jurisdiction eforcsa d, on this m rl 007, ppcar S Moy who is person wnt ( or sulT¢i<nll en sob Vice Presid pg f NSBC Benk US u Trustee an the proton who rc oin instrume v f Ne euthori rend M1dshe did owledgeabe signing of the foregoing instrument to be hislher free and voluntary act and dud as n _Vice President_ for the uses, purposes and consideration therein set forth. Witness my hand and official seal this 26tA_ day of Aprils 2007. 6-1 NOTARY STAMP .•0 P•` , e` �' My -My- Com ra: ,e., OOfli6 VIONG xo.ossvomemmo • �•,: ,y s� . MY ou WMomn 11 )Quallaid ecor o ao Servicin , LL p Jo Miller 161W ' gt-Rd, S 10 WetPa Beacb,FL3 09 OR BOOK 3021 PAGE 636 CFN A 107534101, OR BK 44854 PG 1851, Page 2 of 5 Exhibit "A" Updated as of AuVA 13. 2007 ACE Securities Corp. Home Equity Lawn Trust mad for the registered holders of ACE Securities Corp. Home Equity Loan Trusr, Series 2004-HEI, Asset Backed Pass -Through Certificates ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2005-SDI, Asset Backed Pats -Through Certificates ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2005-SDI, Asset Backed Pass -Through Certificates ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2005-HEI, Asset Backed Pecs -Through Certificates Renaissance Home Equity Loan Asset -Backed Certificates, Series 2005-1 ACE Sec rides C rp. Home Equity Loan Tn L Series 2005-HE2, Asset Backed Pass -Through Certificates Securities Corp. Home qui Loan Trust and Trust, Series 2005-SN I Ass t Backed Pass-11 AC ecwities Corp. a Equi oar Trust, Se' s 2005-ItE3, Asset Backe Pass-Tarough`ertificates ) Renaissance Home Equity Loan Asset -Backed Notes, Series 2005-2 ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2005-SD2, Asset Backed Pass -Through Certificates ACE Securities Corp. Home Equity Loan Trust mad for the registered holders ofACE Securities Corp. Home Equity Loan Trost, Series 2005-HE4, Asset Backed Pass -Through Certificates ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust Series 2005-SD2, Asset Backed Pass -Through Certificates ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan TnutSeries.2003--SLI. Asset Becked-PssrThrough Certificates Series OR BOOK 3021 PAGE 637 CF $ 107534101, OR BK 44854 PG 1852, Page 3 of 5 Exbibit "A" Continue Updated as ufAugust 13, 2007 ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust Series 2005-RE6, Asset Backed Pass -Through Certificates First NLC Trust 20054, Mongage-Hacked Certificates, Series 20054 ACE Securities Corp. Home Equity Loan Trust, Series 2006-SL for the registered holders of ACE Securities Corp. Home Equity Low Trust, Series 2006-SLI, Asset Backed Pass -Through Certificates Nomum Home Equity Loan, Inc., Asset -Backed Certificates, Series 2006-HEI ACE Securities Corp. Home Equity Loan Trust. Series 2006-BEI for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-BEI, Asset Backed Pass -Through CMificates and the Insurer Renaissance Home Equity Lawn Trust 20064 ACE Securities Corp. Home Equity Low Trust sad for the registered holders of ACE Securities Corp. Home Equity Lose Trust, Series 2006-HE2, Asset Backed Pass -Through Certificates Nomura Home Equity Loa, Inc., Asset -Hacked Certificates, Series 2006-HE2 ACE Securities Corp. Home Equity Low Trust and for the registered holders of ACE Securities Corp. Home Equity Low Trust, Series 2006-ASLI, Asset Backed Pass -Through Certificates ACE Securities Corp. Home Equity Low Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-ASAP3, Asset Backed Pass -Through Certificates ACE Securities Corp. Home Equity Low Trust cad for the registered holders of ACE Securities Corp. Home Equity Low Tru 'es 2006-SL3, Asset Bac ass -Through Certificates D D Legal Description 761 NE Prima Vista Boulevard - Hayhurst LOT 11, BLOCK 25, RIVER PARK UNIT 3, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 80, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA Legal Description 763 E Prima Vista Boulevard - Larsen ALL OF LOT 12, BLOCK 25, RIVER PARK, UNIT-3 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 80 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA SAID LANDS LYING IN ST. LUCIE COUNTY, FLORIDA. OR BOOK 3021 PAGE 638 CFN it 107534101, OR BK 44854 PG 1853, Page 4 of 5 Exhibit "A" Continue Updated a of AU uM 13. 2007 ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-HE3, Asset Backed Pass -Through Certificates Ren ce Ho Loan T 06-2 Securities Corp. Home qui�Loao Trust md�for T registe`ed holders Trust, Series 2006-SD2, Ass Backed Pass- on Cerlifi area[ — Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2005-54 Nomura Asset Acceptance Corporation, Altemative Loan Trust, Series 2006-5 I Nomura Asset Acceptance Corporation, Alternative Loan Truss, Series 2006-5 I Nomura Asset Acceptance Corporation, Alternative Loan Truss, Series 2006-53 ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-ASAP4, Asset Backed Pass -Through Certificates Nomura Home Equity Loan, Inc., Asset -Backed Certificates, Series 2006.HE3 Tnos Series Equity Ldan Trust 2006-3 ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-SD3, Asset Backed Pass -Through Certificates ACE Securities Corp. Home Equity Loan Trost and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-ASAP6, Asset Backed Pass -Through Certificates Nomura Asset Acceptance Corporation, Alternative Loan Tnut, Series 2006-55 Renaissance Home Equity Loan Trust 2006-4 Nomurra Asset Acceptance Corporation Alternative Loan Trust, Series 2007-SI ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust 2007-HEI Asset Backed Pass -Through Cenificates Nam ome me Loan, ss - ked Certific , D OR BOOK 3021 PAGE 639 CFN R 107534101, OR BK 44854 PG 1854, Page 5 of 5 Exhibit "A" Continue Updated as or August 13. 2007 ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust 2007-ASL I Asset Backed Pau -Through Certificates ACE SeavitimCgmJiome Equity L9ao-Tori.yod for the registered holders of ACE Securities C�rD. Home E ui Back ac Trust for Ole regitterka ho den of A Backed Pau- u_¢bl Certi6 ms Securities Corp j-lome kquit)kA n Trust anitfor 4e rcgislerkd WfUm of ACE Securities Corp. ACE Securities Corp. Home Equity Lou Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2007-ASAP I, Asset Backed Pass -Through Certificates Nomura Home Equity Lou, Inc., Asset -Backed Certificates, Series 2007-3 ACE Securities Corp, Home Equity Lou Trust ud for the registered holders of ACE Securities Corp. Home Equity Lou Trust, Series 2007-11E4, Asset Backed Pass -Through Certificates Deutsche Alt -A Securities Mortgage Lou Trust, Series 2007-AP3 Mortgage Pass -Through Certificates ACE Securities Corp. Home Equity Lou Trust and for the registered holders of ACE Securities Corp. Home Equity Legal Description 761 NE Prima Vista Boulevard - Hayhurst LOT 11, BLOCK 25, RIVER PARK UNIT 3, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 80, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA Legal Description 763 E Prima Vista Boulevard - Larsen ALL OF LOT 12, BLOCK 25, RIVER PARK, UNIT-3 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 80 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA SAID LANDS LYING IN ST. LUCIE COUNTY, FLORIDA. Property Appraiser - St.Lucie County, FL Page I of I PROPERTY RECORD CARD Richard Hayhurst Record: 1 of 1 c<Prev Next» Spec.Assinni Taxes Exemptions Permits Home Print Property Identification CO Site Address: 761 E PRIMA VISTA BV ParcegD: 3419-515-0150-000-2 Secfiown/Range: 22:36S:40E Account It 42218 m -< Map ID: 34/22S Land Use: SF Res Zoning: RS-4 City/Cnty: St Lucie County J! Ownership and Mailing Legal Description Owner. Richard Hayhurst Lucia Hayhurst RIVER PARK -UNIT 3- BLK 25 LOT 11(MAP 34/22S) (OR 1701-793) Address: 2162 NE Marlberry Ln Jensen Beach FL 34957-6636 Sales Information Assessment 2011 Final Total Land and Building Date Price Code Deed Book/Page 2011 Final: 39000 Land Value: 9900 Acres: 0.27 4/7/2003 70000 00 WD 17011 0793 Assessed: 39000 Building Value: 29100 1/1/1900 0 / Ag.Credit: 0 Finished Area. 1353 SgFt Exempt: Taxable'. Taxes: 793.48 BUILDING INFORMATION Exterior Features View: - RoofCover ExtType: HD+HD+ YearBit: Grade: D+ D+ EffYrBlt. StoryHght: 0010-1 Story No.Units: Interior Features BedRoorns: 2 Electric: FullBath: 1 HeatType: 1/213ath: 0 HeatFuel: %A/C: 100 %Heated: Special Features and Yard Items Type Y!S City. Units Dust. Cone, YrBIL SDSF - SITE DEV S-F Y 1 1 AV AV 2001 SA - Asph Shingle 1966 1977 1 MX - MAXIMUM FHA- FrcdHotAir ELEC - Electric 100 Land Information No. Land Use 1 0100-SF Res RoofSmuct: Frame: PrimevJf ll: SecWall PrmetWall: AvgHVFI: Prm.Flors: %Sprinkled: HP - Hip VS -Vinyl Siding DW - Drywall STD CU - Carpet 0 Type Measure Depth 210 -Front Ft 106 110 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. http://www.paslc.org/prc.asp?prclid=341951501500002 4/12/2012 k -,gm��.??,,r-Fxa.�ffi�f� MY IN "Y Y..� *'fir-�'f9�ip 1 NN Il � 11,E • Ye6Y V Property Appraiser - St.Lucie County, FL Page I of I PROPERTY RECORD CARD Wayne Larsen Record: 1 of 1 <<Prev Next » Spec.Assmnt Taxes Exemptions Permits Home Print Property identification CuGE c �riy Site Address: Sec!Town/Range: 763 E PRIMA VISTA BV 22:36S:40E ParceiiD-. 3419-515-0151-000-9 y>� Account#: 42219 Map ID: 34/22S Land Use: SF Res Zoning. RSA City/Cnty: St Lucie County Ownership and Mailing Legal Description Owner: Wayne Larsen Beverley Larsen RIVER PARK -UNIT 3- BILK 25 LOT 12(MAP 34/22S) (OR 3021-633) Address. 2061 BE Harlow St Port St Lucie FL 34952-8860 Sales Information Assessment 2011 Final Total Land and Building Date Price Code Deed Book/Page 2011 Final: 26600 Land Value: 8400 Acres: 0.26 9/15/2008 33000 01 SIP 3021 / 0633 Assessed: 26600 Building Value: 18200 5/20/2008 100 01 CT 2991 / 2508 Ag.Credit: 0 Finished Area: 1080 SgFt 2/28/2005 79000 01 QC 2174 / 0619 Exempt: 1/12/2004 104000 00 WD 188311608 Taxable: 8/1/1988 40000 00 CV 0599 / 1028 Taxes: 541.21 Exterior Features View: - RoofCover: SD - Dim Shingle ExtType: HC--HC- YearBit 1966 Grade: C- -C- EtfYrBIL 1977 StoryHght: 0010-1 Story No.Units: 1 Interior Features BedRooms: 2 Electric: MX- MAXIMUM FullBath: 2 HeatType: FHA - FredHotAir 1/2Bath: 0 HeatFuei: ELEC - Electric %A/C: 100 %Heated: 100 Special Features and Yard Items Land Information Type Y/S Qty. Units Qual. Cond. YrBit. No. Land Use DWG - Driv-Concret S 1 500 AV AV 1966 1 0100-SF Res RoofSWct: GA - Gable Frame: PrimeWall: VS - Vinyl Siding Seewail: WS - Wood/Sheath PmintWalt DW- Drywall AvgHt/FI: Prm.Flors: TZ- Terrazo %Sprinkled: 0 Type Measure Depth 210 -Front Ft 80 140 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. http://www.pasle.org/paslc/prc.asp?prclid=341951501510009 5/17/2012 4 : 0 0 x r�r pp NORTH aom NO N 00°00'00" E 104.41' (M) FND 5/8- R/C {' N 00°00'00" E 110' (P) #2690 z "F" cuRe LOMAS STREET Z m o ° o lO 50 R/W FND PK NAIL w PAVEMENT WIDTH VARIES U m 3 o CURBN no, 0" E 105' P&M EP - EP m ozo z u x mo m_ Amu o m D - �r m I� (n� �on -D Oy om nnoAZnonm�m; Op it \ m Of aco Au mAouuoo�nn�iu y n < 7J� Z ��. �O M rb On \ A➢z \ O� nA2am^'IA�A o�mynE mca hosncm�anm�c �QJ m O 0C) Ul �� MO z r ?O m 'O zIm o coo p C� m � D `< t` omm 16.45' J' y mm m znZ -nK O $ r 26.97' v. .moo mho K iAv :2EN 00 \ �� nOx E�loa�mn nuo �< > oy \\ AOAo _ G!� v Zs \ y�aA maize `�mn�o�a o�avn cm u �0 i V 1\ 0 oAn,n�z m 0 o z S 00'23'41" W 106.97' (M) i zooN S 00°00'00" W 105' (P) z�z oW - 00 m- oN, o � A p W 1P N N m ` oa �vn-i° mo S'LT-. mm F D�9A mo $mza ✓�✓��� iD - Tmy r on" _� ri- A�i $Au u-u im V) noS�r m0 Ayz u,anc "oA '� FO TO*1 cny a on vim Knoo qz zz yo �-' boo K' N vmo0 cA N mam c n xos 6�nz zlP m �I z om O ya oco >m Vn �"� �o �oN oo� - � v� rA AO o�'/, m me mnyN Aim "'�J' o z mi oo on A gi mn "oi vZ o�x DZS a wm o.vn "'< ni AN "`aa Fi o0 m A ifx on,� y - 1p 46' 0 �mu ZUN 3> � NA nZ � i C~u m= i oony y0 Cni �mA ✓{S Cm o "' UI o DO n0 ms Dp JJi =0, '/' z coo A A >anl OA 02 2 O'On - mp �c O N a m 0o g so - BOUNDARY SURVEY VELCON OROUEYORS ENGINEERS J SURVEYORS PREPARED FOR V G `"^^aaiw''vpoe�isivnu°NacRe/w =an SHAWN HEARING a /uc a rp./ sivu o'§ 3 ov p>s) e>v /or>s ryn) en sssv O S/lam. w va/eanp�aup.eem LEGAL DESCRIPTION: UNIT-3 LOT 12, BLOCK 25 ACCORDING TO TF3E PLAT THEREOF AS RECORDED IN PUT BOOK 10. PAGE 50 OF THE PUBLIC RECORDS OF ST. LUCIE CO., FLORIDA SAID LANDS LYING IN ST. LUCIE CO., FLORIDA. CONTAINING 0.26 ACRES MORE OR LESS. FLOOD ZONE: X, PANEL NO. 12111CO280 F CERT=T) TO: WAYNE 8 BEVERLEY LARSEN SURVEY NOTES: 1. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS —OF —WAY AND/OR EASEMENTS OF RECORD. 2. NORTH ARROW SHOWN HEREON IS BASED ON RECORD PUT. 3. THIS SURVEY IS CERTIFIED ONLY TO THE BELOW NAMED INDIVIDUALS. 4. ELEVATIONS (IF SHOWN) HEREON ARE BASED ON NAVA (1929), UNLESS OTHERWISE NOTED. 5. BEARING BASE ON EAST LINE OF LOT 12. 6. LEGAL DESCRIPTION SUPPLIED BY CLIENT. 7. NO STRUCTURES OR UTILITIES THAT ARE BENEATH THE SURFACE HAVE BEEN LOCATED. p• Nqi PE -�� � Fl) aG a S eA 'D'f V O �� 4Y —cm, — P Mu (490) V / e'ras PT/ L_ _ ('Y .Ps. MD. REB51 b/ I QI' ME t I' GSi / '•/ 0 HY 0 / p 0 Oui a CE 0 b ry TO' 3 Lyl I I LOT I I ' w as 6LCIX 95 O LOO t,Ol 1;z ,0, 0 8 STORY12 FRAME (/63 nf'S O iN e a V / Z axc 9PoM 1� In 0 }� I V L J _ _ _ INo. RED E CAP i C — — 110.0' Ps �x4—� N8550'00'W 80.DO' ly PRIMA VISTA_BOULEVA;RD_¢ I ( IW R/W ) W PAWf T LEGEND OF SDRVEY ABBREMATONS ` T ELEVAION Rio. WFWND NK FENCE ® DdTAIL A/C MR 000WRO1ER !I' IRON PIPE BU( BLOCK LR. IRON ROD B.M. BENCHMARK L LENGM B.B. BEARNG BABE M MEASURED C CALWLATED NAO NAR h DISK W WORD BEARING PUT CO WORD DIBTANCE Pp NM PERMANENT REFERENCE MONUMENT WILLIAM E. HAY nS C.B.S BLOCI( PP POWER PIXE P norsseto»wt evnveron y��aeR 5wrs efo»fm SCONORETEMGTDR RE R RADIUS sranmw » o MTER Q CENTERLINE MOAT OF WAY =� SURVEYAND COPIES THEREOF ARE THIS SURVEY MAP AND REPORT WL PEAR MM WA � � m m "is WA METER mm �"µ LA. � REgM NOT THE RE AND RAISED GONG. CWWETE T� COMBINED LOTS p L OF LICENSED SE R AND REAL OF A FLORIDAFLIXEIDLICENSED SURVEYOR AND MAPPER. , BOUNDARY IDATE: I INT. I REVISIONS: HAYHURST LAND SURVEYING INC. CERTIFICATE OF AUTHORIZATION NUMBER (LB. 7364) svnV Y wa A b1APPING COMPANY 665 GTH ST. S.W. Vnft-9 V .. S.C.. HL. 38850 PHONE: (772) 569-6680 o FAX: (772) 770-3446 AGENDA REQUEST DATE: 02/05/13 REGULAR PUBLIC HEARING (X) LEG. () QUASI -JD (X) CONSENT () TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton Wilson SUBMITTED BY: Planning and Development Services Senior PlanneW Department - Planning Division SUBJECT: Ordinance 13-003 — Future Land Use Map Amendment (FLUMA) for Shawn Hearing from RU (residential Urban — 5 du/acre) to COM (Commercial). BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Ordinance 13-003 for a change in Future Land Use from RU (Residential Urban — 5 du/acre) to COM (Commercial). COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED COORDINATION/SIGNATURES CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM County Attorney (X) LAd County Surveyor ( ) Daniel S. McIntyre Ron Harris County Engineer ( ) ERD (X ) Michael Powley care meth Originating Dept. (X) OMB ( ) Mark Satterlee Marie Gouin Hearing Date: Thursday February 5, 2013 Applicant Shawn Hearing 738 NE Prima Vista Blvd Port St. Lucie, FL34953 Aqent Brad Currie Land Design South 501 SE Port St. Lucie Blvd Port St. Lucie, FL 34984 (772)871-7778 Existing Zoning District RS-4 (Residential Single- Family-4 du/acre) Future Land Use Request Proposed Future Land Use Map Amendment from RU (Residential Urban - 5 du/ acre) to COM (Commercial) to allow for the future rezoning of the subject properties to CO (Commercial Office) or CN (Commercial Neighborhood) Staff Britton DeWitt Dewittb@stlucieco.org (772)462-1582 File Numbers FLUMA - 520124446 FLUMA - 720124464 AGENDA ITEMS VII-A & VII-B Shawn Hearing, Hayhurst and Larsen Small-scale Future Land Use Map Amendments Shawn Hearing, Hayhurst & Larson FLUMAs Future Lend Use FLUMA-520124446 & FLUMA-720124464 R'� i CPUB ✓ �RU - Y woom A� � r � ' — R L � I ) T i PRIµq VlaiA alVb r t RU I i I 1 I,� RU %PUB � atErmtt p' � /�� 9d.�. R R�zs'y� r9�� v` 1> 117,9 Subjed PmPBrHae (3) COM - Commercial % N r Soo' coed mbinrmIlficsu.n area CPUB - Conservation Public r--r RU- Residential Urban (5 dulac) 'A Location: 738, 761 and 763 Prima Vista Boulevard, River Park Community Proiect Description Shawn Hearing is requesting two peti- tions. Both are amendments to the Fu- ture Land Use Map from RU (Residential Urban - 5 dwelling units / acre) to COM (Commercial). Shawn Hearing's parcel is located to the west at 738 NE Prima Vista and is .65 acres. The other two par- cels to the north are individually owned by Richard Hayhurst and Wayne Larsen and together are .55 acres. The applica- tions are being processed in conform- ance with the River Park Community Overlay Zone, Section 4.02.00 of the Land Development Code. Background The purpose of the two petitions is to allow for the future rezoning to CO (Commercial Office) or CN (Commercial Neighborhood) which allow for uses that support the surrounding neighborhood. The intended use for Mr. Hearing's prop- erty is commercial office use. Nothing is proposed at this time for the two northern parcels but they may request a change in zoning to allow CO and CN uses. Neighborhood Meeting The applicant also held a neighborhood meeting on September 19, 2012 that was attended by over 30 residents. Staff Recommendation Staff recommends approval of both of the proposed small-scale Future Land Use Map Amendments (Ordinance 13- 003 and Ordinance 13-004). Plannina and Zoning Commission Recommendation Voted in favor of both proposals in ad- dition to a recommendation that the Board direct staff to revisit the River Park Community Overlay Zone (Section 4.02.00 of the Land Develop- ment Code) to determine how best to accommodate a transition from resi- dential to commercial uses on Prima Vista Boulevard. Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director FROM: Britton Wilson, Senior Planner DATE: February 5, 2013 SUBJECT: Ordinance 13-003 — Future Land Use Map Amendment (FLUMA) for Shawn Hearing from RU (Residential Urban — 5 du/acre) to COM (Commercial). ITEM NO. VII-B This small-scale Future Land Use Map Amendment (FLUMA) is being processed concurrently with the Hayhurst -Larsen small-scale FLUMA, item No. VII-A. Please see item VI I -A for agenda item exhibits. BACKGROUND: Shawn Hearing is proposing a small-scale amendment to the Future Land Use Map from RU (Residential Urban — 5 du/acre) to COM (Commercial) for a .65 acre parcel of land located at 738 Prima Vista Boulevard. This item is not being processed with a concurrent rezoning. If the proposed FLUMA is approved, the applicant must then return to the Board with a request to amend the Official Zoning Atlas prior to a change in use of the property from residential to commercial. The purpose of this petition is to allow for the future rezoning to CO (Commercial Office) or CN (Commercial Neighborhood) which allow for uses that support the surrounding neighborhood. The subject property is located within the River Park Community Overlay Zone as identified in Section 4.02.00 of the LDC. The proposed amendment is being processed in conformance with this overlay zone, which provides for greater regulation than other areas of the County. When reviewed concurrently with the Hayhurst -Larsen FLUMA, staffs analysis indicates that the proposed COM Future Land Use designation in this area is consistent with the St. Lucie County Comprehensive Plan and the regulations of the River Park Community Overlay Zone in the Land Development Code. The subject property is under an acre in size restricting rezoning of the property to CO and CN only, CG (Commercial General) is not permitted, therefore the proposed amendment is compatible with the surrounding residential neighborhood. PREVIOUS ACTION: January 17, 2013 — The Planning and Zoning Commission recommended approval by a vote of 5 to 2 in addition to a recommendation that the Board direct staff to revisit the River Park Community Overlay Zone (Section 4.02.00 of the Land Development Code) to determine how best to accommodate a transition from residential to commercial uses on Prima Vista Boulevard. Board of County Commissioners Ordinance 13-003 Shawn Hearing FLUMA February 5, 2013 Page 2 RECOMMENDATION: Board approval of Ordinance 13-003 for a change in Future Land Use from RU (Residential Urban — 5 du/acre) to COM (Commercial). 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE NO. 13-003 Formerly 12-021 FILE NO.: FLUMA - 520124466 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,. TO AMEND THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR A 0.65 ACRE (M.O.L.) PARCEL OF LAND OWNED BY SHAWN HEARING, FROM RU (RESIDENTIAL URBAN — 5 DU/ACRE) TO COM (COMMERCIAL); PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. 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: Brad Currie, a representative for Shawn Hearing, has filed a petition for an amendment to the adopted Comprehensive Plan Future Land Use Map for a 0.65 acre (more or less) parcel of land located at 738 NE Prima Vista Boulevard, from RU (Residential Urban — 5 du/acre) to COM (Commercial) with St. Lucie County, Florida, in accordance with Chapter 163, Florida Statutes; and 2. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida Statutes, is authorized and empowered to consider amendments to the adopted Comprehensive Plan of St. Lucie County; and 3. On January 17, 2013 the St. Lucie County Planning and Zoning Commission/Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie News Tribune and notifying by mail all owners of property within 500 feet of the subject property, and recommended to the Board of County Commissioners that the petition for Future Land Use Map Amendment for Shawn Hearing be approved; and 4. On February 5, 2013, the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed in the St. Lucie News Tribune and notifying by mail all owners of property within 500 feet of the subject property, and deemed the adoption of the amendment to the Comprehensive Plan to be/not to be in the best interests of the citizens and residents of the County. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Ordinance No. 13-003 File No.: FLUMA-520124446 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. AMENDMENT TO FUTURE LAND USE DESIGNATION The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan for the property described in Exhibit "A," attached hereto, containing 0.65 acres more or less, located at 738 NE Prima Vista Boulevard, from RU (Residential Urban — 5 du/acre) to COM (Commercial), as depicted in the attached Exhibit "B." B. FINDING OF CONSISTENCY The Board of County Commissioners of St. Lucie County, Florida, specifically determines that the approval of this amendment to the adopted Comprehensive Plan Future Land Use Element is internally consistent with the goals, objectives and policies contained in the St. Lucie County Comprehensive Plan and provides for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time as a Final Development Order for development on this property is issued. C. CHANGE TO FUTURE LAND USE MAP The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause this change to be made in the Future Land Use Map of the Future Land Use Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. D. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. E. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. F. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable as stated in Paragraphs A, B and C. G. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance No, 13-003 File No.: FLUMA-520124446 Page 3 H. FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY The Planning and Development Services Director shall send a certified copy of this Ordinance to the Department of Economic Opportunity Bureau of Community Planning Caldwell Building 107 East Madison Street, MSC 160 Tallahassee, FL 32399. I. EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10), Florida Statutes. J. ADOPTION After motion and second, the vote on this Ordinance was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula Lewis, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this 5th day of February, 2013. ATTEST Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 1W Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Ordinance No.13-003 File No.: FLUMA-520124446 Page 4 Exhibit "A" LEGAL DESCRIPTION 738 NE Prima Vista Boulevard LOT 10 AND TRACT A, BLOCK 83, RIVER PARK -UNIT 10, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 29, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA Exhibit "B" FUTURE LAND USE MAP O A CPUB CPUB Shawn Hearing Future Land Use FLUMA-520124446 COM - Commercial Subject property CPUB - Conservation Public RU - Residential Urban (6 du/ac) W, m,..d s.aromt., u. M2. Al Ordinance No. 13-003 File No.: FLUMA-520124446 Page 5 IMi119TWO3f1 CONCURRENCY DEFERRAL AFFIDAVIT Supplement 4 ® St, Lucia County Concurrency Deferral Affidavit residing or doing business at V (5 emo Z'�rcE� 1�y 3'� rya=S7`i-4lb have applied fora from.St. Lucie County, Florida, for the following project: amo of Pm—pmytiva opmon Parcel ID Number(s): 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 -unlit a later lime, 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 SL 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 oocorcfing: to Section 5.08.01 of the St. Lucie. County. LDC, no final development approval can be granted until capacity In those facilities Is available at that time. The issuance of a preliminary development order without a certificate of capacity, creates no vested or other rights w develop the subject property.: p ken ma � rea p n. �— STATE OF IP COUNTY OF S L c c The foregoing instru ant was acknowledged before me this day of: 121 L- 20- 2 by \,��a.u�n 1cv:r N't who Is personally known to me or who has produced �T4QA���� [-,J�- �- -- as Identification. '— A�_i�J��� Qpk-- -r)J nature of wPxn amen rr 2-4, - 1'2S Commission Number SONNY. QNUxxU1 Notary MOOT Slaty of riorfM 4t P,g EaYGe 6�ff0)Ie15 :Page 11 of. it 1g ' AGENDA REQUEST ITEM NO. III-B ' DATE: 01/17/13 REGULAR () PUBLIC HEARING N LEG. ( ) QUASI -JD W CONSENT () TO: PLANNING AND ZONING COMMISSION PRESENTED BY: Britton De Witt SUBMITTED BY: Planning and Development Services Senior Planner Department— Planning Division SUBJECT: Ordinance 13-003 — Future Land Use Map Amendments (FLUMA) for Shawn Hearing from RU (Residential Urban — 5 du/acre) to COM (Commercial) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A Staff recommends Ordinance 13-003 be forwarded to the Board of County Commissioners with a recommendation for approval. COORDINATION/SIGNATURES County Attorney (X) �_ Daniel S. McIntyre County Engineer ( ) Michael Powley Originating Dept. ( X ) Mark Satterlee County Surveyor ( ) Ron Harris ERD (X) are mith Hearing Date: Thursday January 17, 2013 Applicant Shawn Hearing 738 NE Prima Vista Blvd Port St. Lucie, FL34953 Aqent Brad Currie Land Design South 501 SE Port St. Lucie Blvd Port St. Lucie, FL 34984 (772)871-7778 Existing Zoning District RS-4 (Residential Single- Family-4 du/acre) Future Land Use Request Proposed Future Land Use Map Amendment from RU (Residential Urban - 5 du/ acre) to COM (Commercial) to allow for the future rezoning of the subject properties to CO (Commercial Office) or CN (Commercial Neighborhood) staff Britton DeWitt Dewittb@stlucieco.org (772) 462-1582 File Numbers FLUMA - 520124446 FLUMA - 720124464 AGENDA ITEMS III -A & III-B Shawn Hearing, Hayhurst and Larsen Small-scale Future Land Use Map Amendments CPUB Shawn Hearing, Hayhurst & Larson FLUMAs Future Land Use FLUMA-520124446 & FLUMA-720124464 0 500' combined notification area COM - Commercial Iv CPUB- Conservation Public ® Subject properties RU- Residential Urban(5 dulac) enn>ww„ease>wmvru.rssra. Location: 738, 761 and 763 Prima Vista Boulevard, River Park Community Project Description Shawn Hearing is requesting two peti- tions. Both are amendments to the Fu- ture Land Use Map from RU (Residential Urban - 5 dwelling units / acre) to COM (Commercial). Shawn Hearing's parcel is located to the west at 738 NE Prima Vista and is .65 acres. The other two par- cels to the north are individually owned by Richard Hayhurst and Wayne Larsen and together are .55 acres. The applica- tions are being processed in conform- ance with the River Park Community Overlay Zone, Section 4.02.00 of the Land Development Code. Background The purpose of the two petitions is to allow for the future rezoning to CO (Commercial Office) or CN (Commercial Neighborhood) which allow for uses that support the surrounding neighborhood. The intended use for Mr. Hearing's prop- erty is commercial office use. Nothing is proposed at this time for the two northern parcels but they may request a change in zoning to allow CO and CN uses. Notice Requirements Public hearing notice in accordance with Section 11.00.03 of the Land De- velopment Code was placed in the St. Lucie News Tribune on January 4, 2013 letters were mailed to property owners within a 500 foot radius and a sign placed on the property. The applicant also held a neighborhood meeting on September 19, 2012 that was attended by over 30 residents. Staff Recommendation Staff recommends that both of the pro- posed small-scale Future Land Use Map Amendments (Ordinance 13-004 and Ordinance 13-005) be forwarded to the Board of County Commissioners with a recommendation for approval. Planning and Development Services Department MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager w FROM: Britton De Witt, Senior Planner, Planning Divisiop DATE: January 17, 2013 I SUBJECT: Small-scale Future Land Use Map Amendment — Shawn Hearing (Ordinance 13-003) ITEM NO.: III-B This small-scale Future Land Use Map Amendment (FLUMA) is being processed concurrently with the Hayhurst -Larsen small-scale FLUMA, item No. III -A. AGENT: Brad Currie, Land Design South 501 SE Port St. Lucie Blvd Port St. Lucie, FL 34984 (772)871-7778 bcurrie@landdesignsouth.com APPLICANT/ Shawn Hearing OWNER: 738 NE Prima Vista Boulevard Port St. Lucie, FL 34953 REQUESTED Small-scale FLUMA from RU (Residential Urban — 5 du/acre) to COM ACTION: (Commercial). PURPOSE: The proposed FLUMA is to allow for commercial office use of the existing structure in accordance with the River Park Community Overlay Zone Section 4.02.00 of the Land Development Code (LDC). This FLUMA is being processed concurrently with the Hayhurst -Larsen FLUMA. LOCATION: 738 NE Prima Vista Boulevard TAX ID NO.: 3419-575-0001-000-9 PARCEL SIZE: 0.65 acres EXISTING USE: Single-family Residential Home Planning & Zoning Commission Petition: Shawn Hearing FLUMA January 17, 2013 Page 2 of 7 FUTURE LAND RU (Residential Urban — 5 du/acre) USE: 0.65 acres X 5 du = 3 total potential dwelling units PROPOSED USE: Commercial Office Use PROPOSED COM (Commercial) FUTURE LAND USE: PROPOSED There is no concurrent rezoning petition associated with this FLUMA. The ZONING: applicant may propose Commercial Office (CO), Commercial Neighborhood (CN) or Planned Non-residential Development (PNRD) zoning at a later date. SURROUNDING PROPERTY: North: Zoning: RS-4 (Residential, Single-Family-4 du/acre) FLU: RU (Residential Urban — 5 du/acre) Existing Use: River Park Single -Family Neighborhood South: Zoning: RS-4 (Residential, Single-Family-4 du/acre) FLU: RU (Residential Urban — 5 du/acre) Existing Use: River Park Single -Family Neighborhood East: Zoning: RS-4 (Residential, Single-Family-4 du/acre) FLU: RU (Residential Urban — 5 du/acre) Existing Use: River Park Single -Family Neighborhood West: Zoning: CPUB (Conservation Public) FLU: CPUB (Conservation Public) Existing Use: Conservation Land SERVICE INFORMATION: Public Utility Energy: Florida Power and Light Providers: Water: Port St. Lucie Utilities Wastewater: Port St. Lucie Utilities Public Service Storm Water: South Florida Water Management District Providers: Fire Rescue & EMS: St. Lucie County Fire District, Station No. 3 Law Enforcement: St. Lucie County Sheriff Planning & Zoning Commission Petition: Shawn Hearing FLUMA January 17. 2013 Page 3 of 7 Background Current Future Land Use: The Future Land Use designation of the subject property is RU (Residential Urban — 5 du/acre), which allows a maximum residential density of five dwelling units per gross acre. Residential Urban land uses are "...generally found between the identified urban service areas and the transitional RS areas. These properties need to be serviced with central water and wastewater services." At 0.65 acres, a maximum of three dwelling units could potentially be developed on the subject property. Proposed Future Land Use: The proposed Future Land Use designation is COM (Commercial), which is intended to accommodate the commercial zoning districts of Commercial Office (CO), Commercial Neighborhood (CN) and Commercial General (CG). Policy 1.1.8.5 requires a minimum lot size of one acre for changes to the CG zoning district. Therefore, the subject property of 0.65 acres can only request a change in zoning to the CN or CO zoning district once the land use change is approved. Furthermore, the River Park Community Overlay Zone Section 4.02.05 of the LDC prohibits the following uses: eating and drinking places, gasoline and other fuel sales and services, and drive-in facilities, which would generally be permitted in the CG zoning district. Current Zoning: The current zoning of the subject property is RS-4 (Residential, Single -Family — 4 du/acre). The purpose of this district "...is to provide and protect an environment suitable for single-family dwellings at a maximum density of four (4) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low density residential surroundings." Residential densities are restricted to a maximum of four dwelling units per acre and at 0.65 acres a maximum of 3 dwelling units could potentially be developed on the property based on the zoning alone. Staff Analysis Compliance with the Land Development Code: The subject property is located at 738 East Prima Vista Boulevard within the River Park Community Overlay Zone as identified in Section 4.02.00 of the LDC (see attached). The purpose of the overlay zone is to recognize changing conditions along Prima Vista Boulevard, in the River Park subdivision, between South Highway US 1 (SR 5) and Airoso Boulevard and to establish supplemental performance standards of review by which to evaluate all applications for change in zoning to nonresidential use. The overlay zone section is intended to provide for a logical and orderly transition from residential to nonresidential zoning where appropriate, and to protect those parcels which remain residential from the impacts of nonresidential development. The subject property is located in a mid -block subzone of the Community Overlay. A change in zoning must be consistent with Table 4-8 of the LDC, which requires property within the mid -block subzone to process a Comprehensive Plan Future Land Use Map Amendment to COM in addition to any change to a non-residential zoning category regardless if the proposed commercial zoning district is identified as compatible with the existing Future Land Use designation as identified in Table 1-3 of the Comprehensive Plan. Therefore, the applicant is seeking a change in land use from RU to COM to allow for CO or CN zoning in accordance with the River Park Community Overlay Zone. Property located outside of the River Park Community Overlay Zone with the same Future Land Use designation of RU would not be required to go through the FLUMA process prior to requesting a change in zoning to CO or CN. The permitted uses within the CO and CN zoning district are those that typically only service the surrounding neighborhoods and don't attract regional customers, which provides for their compatibility with a residential Future Land Use category. Examples of such uses Planning & Zoning Commission Petition: Shawn Hearing FLUMA January 17, 2013 Page 4 of 7 are banks, laundry services, beauty and barber services, real estate offices, retail trade under 6,000 square feet, and video rentals. Furthermore, the River Park Community Overlay Zone Section 4.02.05 of the LDC prohibits the following uses: eating and drinking places, gasoline and other fuel sales and services, and drive-in facilities. Compliance with the Comprehensive Plan: The analysis staff conducted indicates that a COM Future Land Use designation in this area is consistent with the St. Lucie County Comprehensive Plan. The subject parcel is located within the Urban Services Boundary with available utility services and the proposed Future Land Use Map Amendment does not contribute to urban sprawl as defined by Florida Statues, Chapter 163.3177(6)(a). When reviewed with the concurrent Hayhurst -Larsen FLUMA from RU to COM, the requested change in land use meets Policy 1.1.5.3 requiring the subject property to be within a quarter mile (1,320 feet) of the same or greater type of land use classification. The subject property is approximately 655 feet from the southwest corner of the Hayhurst -Larsen parcels, which are approximately 940 feet from the commercial strip mall on the northwest corner of Prima Vista and U.S. Highway 1, which has a Future Land Use designation of COM. In order for the subject FLUMA to be approved consistent with the Comprehensive Plan Future Land Use Element, the Hayhurst -Larsen FLUMA must also be approved. The proposed change further complies with Policy 1.1.5.4 requiring all new development projects to occur where water and wastewater sewer services can be provided. The site is currently serviced with water lines by Port St. Lucie Utilities and wastewater lines are available within close proximity for hook up (see the Potable Water, Wastewater Treatment section below). Compliance with State Statutes: The subject property is less than 10 acres in size and is considered a small-scale amendment, which is not subject to review by the State Department of Economic Opportunity division of Community Planning. This small-scale amendment is not anticipated to have any impacts to important state resources. Compatibility with Existing Neighborhood: The requested COM (Commercial) Future Land Use designation is to allow for future development and use of the property that is consistent with the CO and CN zoning districts. The purpose of the CO zoning district is to "...provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods." The purposed of the CN zoning district "...is to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office surroundings." The Land Use and Zoning Compatibility Matrix Table 1-3 in the Comprehensive Plan identifies the CN and CO zoning districts as being compatible with all residential Future Land Use designations. Due to the restrictive size of the parcel being only 0.65 acres, CG zoning and its associated higher intensity uses will not be permitted. Section 7.09.04 requires a side and rear yard perimeter eight -foot opaque wall or fence buffer between non-residential uses and residential uses. This section of the code also regulates lighting requirements that prevent lighting from being a visible nuisance to adjoining property used or zoned for a residential purpose. Building -mounted outdoor lighting fixtures are prohibited on the rear or sides of buildings adjacent to residential zoning districts. Therefore, with the regulations in place, the proposed COM Future Land Use is compatible with the surrounding residential neighborhood. All new development and changes in use must meet the Stormwater Management Section 7.07.00 of the LDC. Planning & Zoning Commission Petition: Shawn Hearing FLUMA January 17, 2013 Page 5 of 7 Environmental Resources: St. Lucie County Environmental Resource Department has reviewed the petition and submitted a final report dated 08/15/12 on the environmental impacts of the proposed FLUMA as follows: The Environmental Resources Department (ERD) is in receipt of the July 24, 2012 Planning and Development Services' date -stamped submittal. The applicant requests approval of a Future Land Use Map Amendment to change from Residential Urban (RU) to Commercial (COM). The 0.65-acre project site is located at 738 East Prima Vista Boulevard and is bordered by State managed Conservation lands with a Category I wetland to the west and the North Fork of the St Lucie River to the south. The site contains a single family residence. Environmental impacts will be influenced more by specific site design; therefore environmental issues including but not limited to wetland and riverine buffers will be addressed at the time of site plan and/or building permit application. The Environmental Resources Department (ERD) will conduct further review to ensure compliance with the Land Development Code during the site plan and/or building permit review process. ERD supports approval of the Future Land Use Map Amendment Natural Hazards: The subject property is located in a FEMA flood zone "AE," which is subject to inundation by the 1- percent-annual-chance flood event. Mandatory flood insurance purchase requirements and FEMA floodplain management standards apply. St. Lucie County Fire District: The subject property is serviced by Fire Station No. 3. The Fire District has reviewed the proposed Future Land Use Map Amendment, has no objection to the project and will further review the project at the time of site plan submittal. School Impacts: The proposed amendment to COM is a non-residential use, and no school impacts are anticipated. Transportation Impacts: The subject property is located on East Prima Vista Boulevard, which is a four -lane divided arterial roadway operating at an acceptable level -of -service (LOS) "C." The LDC defines an arterial roadway as "...a route providing service that is relatively continuous and of a relatively high traffic volume, long average trip length, and high operating speed." A traffic impact report was not prepared for this petition since the proposed FLUMA is small-scale and traffic impacts cannot be analyzed until a site development proposal is prepared. As a part of any future site plan development, a more detailed traffic impact analysis based on the gross new trips generated by the development may be required. A concurrency deferral affidavit has been submitted with this proposal. The Florida Department of Transportation 2011 traffic counts identified an annual average daily traffic count of 30,000 trips on Prima Vista at the intersection of Riomar Drive and an average peak hour trip of 18,000. Being that the uses permitted in the CO and CN zoning district are intended to serve the surrounding neighborhood, the proposed use could potentially reduce surrounding traffic impacts by capturing local trips and preventing a farther commute. The State Department of Emergency Management (DEM) has identified Prima Vista Boulevard as an east west evacuation route. It is one of two emergency evacuation routes within the City of Port St. Lucie. Planning & Zoning Commission Petition: Shawn Hearing FLUMA January 17, 2013 Page 6 of 7 Parks and Recreation: The proposed amendment to COM is a non-residential use, and no parks and recreation impacts are anticipated. Solid Waste: Currently all solid waste generated in unincorporated St. Lucie County is disposed at the St. Lucie County Bailing and Recycling Facility, located in the southwest corner of the City of Ft. Pierce. This landfill is identified in the recent Evaluation and Appraisal Report of the Comprehensive Plan as having sufficient capacity for at least the next 20 years. This proposed change will not materially impact the level of service standard for the County's solid waste facility found in Policy 413.1.1.1 at 7.9 pounds per capita, per day. Potable Water and Wastewater Treatment: The proposed change complies with Policy 1.1.5.4 requiring all new development projects to occur where water and wastewater sewer services can be provided. The site is currently serviced with water lines by Port St. Lucie Utilities and wastewater lines are available within close proximity for hook up. Post St. Lucie Utilities department has reviewed this proposal and confirmed adequate capacity. Development Requirements: Approval of the proposed Future Land Use Map Amendment constitutes a preliminary development order and does not grant approval for any specific development scenario. However, upon approval the applicant may proceed to seek permission for further development of the property for commercial purposes. Prior to the issuance of any final development order, the future developer must demonstrate that all public facilities are available to service the parcel and obtain a Certificate of Capacity. Analysis Summary: When reviewed concurrently with the Hayhurst -Larsen FLUMA, staff's analysis indicates that the proposed COM Future Land Use designation in this area is consistent with the St. Lucie County Comprehensive Plan and the regulations of the River Park Community Overlay Zone in the Land Development Code. The subject property is under an acre in size restricting rezoning of the property to CO and CN only, therefore the proposed amendment is compatible with the surrounding residential neighborhood. Staff Recommendation: Staff recommends that if the Hayhurst -Larsen application is recommended for approval, the proposed Shawn Hearing FLUMA (Ord. No. 13-003) also be forwarded to the Board of County Commissioners with a recommendation for approval. Attachments: • Ordinance 13-003 • See Item III -A for LDC Section 4.02.00 — River Park Community Overlay Zone; Section 7.09.04 — General Landscape Requirements and Lighting Standards; CO and CN zoning district uses; and public notice information. Planning & Zoning Commission Petition: Shawn Hearing FLUMA January 17, 2013 Page 7 of 7 Suggested motion to recommend approvalldenial of this request: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE PETITION OF SHAWN HEARING, FOR A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP FROM RESIDENTIAL URBAN TO COMMERCIAL BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPROVAL OF THE PETITION OF SHAWN HEARING, FOR A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP FROM RESIDENTIAL URBAN TO COMMERCIAL BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ORDINANCE NO. 13-003 Formerly 12-021 FILE NO.: FLUMA - 520124466 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR A 0.65 ACRE (M.O.L.) PARCEL OF LAND OWNED BY SHAWN HEARING, FROM RU (RESIDENTIAL URBAN — 5 DU/ACRE) TO COM (COMMERCIAL); PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. 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: Brad Currie, a representative for Shawn Hearing, has filed a petition for an amendment to the adopted Comprehensive Plan Future Land Use Map for a 0.65 acre (more or less) parcel of land located at 738 NE Prima Vista Boulevard, from RU (Residential Urban — 5 du/acre) to COM (Commercial) with St. Lucie County, Florida, in accordance with Chapter 163, Florida Statutes; and The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida Statutes, is authorized and empowered to consider amendments to the adopted Comprehensive Plan of St. Lucie County; and 3. On January 17, 2013 the St. Lucie County Planning and Zoning Commission/Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie News Tribune and notifying by mail all owners of property within 500 feet of the subject property, and recommended to the Board of County Commissioners that the petition for Future Land Use Map Amendment for Shawn Hearing be denied/approved; and 4. On , 2013, the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed in the St. Lucie News Tribune and notifying by mail all owners of property within 500 feet of the subject property, and deemed the adoption of the amendment to the Comprehensive Plan to be/not to be in the best interests of the citizens and residents of the County. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Ordinance No. 13-003 File No.: FLUMA-520124446 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. AMENDMENT TO FUTURE LAND USE DESIGNATION The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan for the property described in Exhibit "A," attached hereto, containing 0.65 acres more or less, located at 738 NE Prima Vista Boulevard, from RU (Residential Urban — 5 du/acre) to COM (Commercial), as depicted in the attached Exhibit "B." B. FINDING OF CONSISTENCY The Board of County Commissioners of St. Lucie County, Florida, specifically determines that the approval of this amendment to the adopted Comprehensive Plan Future Land Use Element is internally consistent with the goals, objectives and policies contained in the St. Lucie County Comprehensive Plan and provides for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time as a Final Development Order for development on this property is issued. C. CHANGE TO FUTURE LAND USE MAP The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause this change to be made in the Future Land Use Map of the Future Land Use Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. D. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. E. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. F. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable as stated in Paragraphs A, B and C. G. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance No.13-003 File No.: FLUMA-520124446 Page 3 H. FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY The Planning and Development Services Director shall send a certified copy of this Ordinance to the Department of Economic Opportunity Bureau of Community Planning Caldwell Building 107 East Madison Street, MSC 160 Tallahassee, FL 32399. EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10), Florida Statutes. J. ADOPTION After motion and second, the vote on this Ordinance was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson. Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula Lewis, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this _ day of ATTEST Deputy Clerk 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA AN Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Ordinance No. 13-003 File No.: FLUMA-520124446 Page 4 Exhibit "A" LEGAL DESCRIPTION 738 NE Prima Vista Boulevard LOT 10 AND TRACT A, BLOCK 83, RIVER PARK -UNIT 10, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 29, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA Exhibit "B" FUTURE LAND USE MAP O A CPUB Shawn Hearing Future Lana use FLUMA-520124446 M COM - Commercial N Subject property CPUB - Conservation Public RU - Residential Urban is dulac) Map preFaled SaplambeH4,2012. Ordinance No. 13-003 File No.: FLUMA-520124446 Page 5 Exhibit "C" CONCURRENCY DEFERRAL AFFIDAVIT Supplement 4 r St. Lucie County- Concuttency Deferral Affidavit / , 1,_5hn. wn I-leo- �,ei f, , residing or doing business at 7 �� P2.t vvtu.. Vlt emo , . 3Y �-kli-�idlb have applied fora pfyaov opmOn w from St. Lucie County, Florida, - for the following project: mne 0 P,opoyeda ,an Parcel ID Number(s): I doherebyaffirm 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 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 ordercan be Issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County LDC, no final development approval can be granted unto 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. p fan ,re GH� STATE OF r`t - COUNTY OF ✓`, L -e-- The foregoing instrument was acknowledgled before me this -`7K day of C-I ih, 20J 2 _ by i\ee.�Jn M c-Q4 tcwho is personally known to me or who has produuc'ed. �' as Identification. ZK,(ftaxj pe...... i'ypea n xma. aff7olary 2� l Commission Number IS snnov csgcxnx NylOry PybyO • SW<yl aIXltle q ee aY Comm. HPhH Feb8 f07tl Pagegt of ll �' CbmmWN+Fi EE9nftl ST. LUCIE COUNTY S Planning & Development Services Department Planning Division L, L ❑ f L `L 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stiucieco.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 Type [check each that applies] Site Plan Rezoning' ❑ Major Site. Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment ° ❑ Major Adjustment to PUD/PNRD/PMUD ® Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ 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 Other ❑ Administrative Relief ❑ Class A Mobile Home' ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Changes ❑ Land Development Code Text Amendment' ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # s ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements 9 ❑ Appeal of Decision by Administrative Official70 ❑ Variance ❑ Variance to Coastal Setback Line 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 CALCUL AI ION WORKSI-IFE T SITE DEVELOPMENT PLANS — Planning Division Application Type: Futul-e Land Use Amelldmellt Supplemental Application Package No' :supp]ement: 4 (Please provide separate fee calculation worksheet for each application type) BASE REVIEW FEE: $ ',c° °0 (A) CONCURRENCY FEE $°i7 6° (B) ERD REVIEW FEE: $ _°_°G (C) U HLIFIES ,I; s•o . na PER ACREAGE CHARGE: $ (D) RF_SUBMITTAL FEE: (if applicable) $ (E) OTHER S SUBTOTAL OF BASIC FEES: g$ 1 oo. r o PRE -APPLICATION MEETING FEE: (F) $(=r�-�r'� ) deductian Receipt No. of Payment: 101096 Date of Pre App: Peb. 16, 2011 BALANCE OF FEES DUE: $ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Or No. 06-047; amending Chapter 5.11_01 of the St. Lucie County Land Development Code. $950.00 — Methodology Meeting (1-I) (If Applicable) P Additional fees will be due if a 3id party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3"' pasty. Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to Other fees may be applicable by other external reviewing agencie ie. Fire District apd proof of payment r will be required prior to project appoval. / (For office use one) INTAKE REVIEWER - SIGNATURE VERIFIED BY - SIGNATURE File Number: Page 2 of 6 DATE DATE Receipt Number: 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: x❑ 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 © Property Deed ® Legal description, in MS Word format, of subject property " ❑X Property Tax Map — property outlined (electronic copy not required) ❑X Survey M 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) X❑ Concurrency Deferral Affidavit; or O 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 V=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: ❑ 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 August 11, 2011 Project Name: Site address: Project Information Hearing Small Scale Comprehensive Plan Amendment 738 East Prima Vista Boulevard Parcel ID Number(s): 3419-575-0003-000-9 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) Legal Description 738 NE Prima Vista Boulevard - Hearing LOT 10 AND TRACT A, BLOCK 83, RIVER PARK -UNIT 10, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 29, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA Property location — Section/Township/Range: 22/36S/90E Property size — acres:. 65 Square footage: 1,416 Future Land Use Designation: Existing: Residential Urban (RU) Proposed: Commercial (COM) Zoning District: Residential, Single Family 9 (RS-9) Description of project: (Attach additional sheets if necessary) The properties on the north and south sides of the road would be more consistent with the heavily traveled roadway if they had a commercial Future Land Used designation. The River Park -Community Overlay zone does allow for commercial development at certain intersections without a land use change. This application is simply requesting commercial uses be allowed on the parcels that are a part of the application. Type of construction (check all applicable boxes): 0 Commercial Total Square Footage: Existing ❑ Industrial Total Square Footage: Existing ❑ 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 Proposed: T.B.D. Proposed: Proposed: Proposed: 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): Agent Information: L- Business Name: t ,P, r, 6,_ T,�� L. Business Name:Land Design South of Florida, Inc Name: Shawn Bearing Name: Bradley J. Currie Address: 738 NE Prima Vista Boulevard Address: 501 SE Port St. Lucie Boulevard Port St. Lucie, Florida 34952 Port St. Lucie, Florida 34984 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: 772-879-9416 Phone: 772-871-7778 Fax: 3°16 - +ar/0 Fax: 561-478-5012 Email: sltsth®bellsouth.net Email: bcurrie®landdesignsouth.com 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 applicatio approval. The property owner's signature below shall also serve as authorization for the above applicant or gent to act o behalf of said property owner. L. N mpe r gneture ropery ner ama not Mailing Address: 7 3 p r- %/ ,•ci_ V 1I <c, Phone: 7 7 .--2 If more than one owner, please submit additional QI� 1 TS L .3C/ E 15 Z pages STATE OF COUNTY OF The foregoing instrument was acknowledged before me this a�_ day of�� 20 LD, by �" dawn rl ar 11>oe who is personally known to me or who has produced L�, as identification. �ft/G9yY ' C�'f3ti� 3igna ure o NoWry 7 q� yp'i e or Pnm—Acme—I o'RTery Commission Number (Seal) +;+-+ SANDY CHOGHAN NolatY Public • Sttl* of HorMr ' + ' My Comm. EX0169 Ftb 6, 2015 commledon M EE 61726 Page 5 of 6 Required Document Naming List * All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on CD Aerial Photograph PDF Aerial. df Application PDF Application.pdf Approval Order PDF Architectural Elevations PDF -ApprovalOrder.pdf ArchElev. df Boundary / Topographic Survey PDF BoundaryTopo.pdf Drainage / Stormwater Plan PDF Draina ePln. df Easements PDF Easements. df Environmental Impact Report PDF or Word EIR. df or EIR.doc Existing Condition Plan PDF Existing Cond. df Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit External PDF Permit. df Plat PDF Plat. df or Plat.doc Property Deed PDF Deed. pdf Site Plan PDF SitePlan. df Traffic Impact Report PDF or Word TIR. df or TIR.doc Tree Survey PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utiliity Plan PDF Utiliit . df Vegetation Removal Application PDF Ve etation. df Page 6 of 6 Revised August 11, 2011 Print Form to St Lucie County Land Development Code SPECIAL NOTE: Under the provisions of the LDC, considered to be a PRELIMINARY DEVELOPMEN Preliminary Development Order, and consistent with the Lucie County neither warrants nor represents that th Supplement 4 Section 11.06.00 for details T a petition for change in land use is ORDER. Under the definition of County's concurrency regulations, St. ere are sufficient public facilities or services available to serve the property on which the change in land use is sought. Further, pursuant to Section 5.08.01(B)(2) of the Code, a Certificate of Capacity Exemption must accompany all applications for land use changes that acknowledge that no public facility capacity will be reserved for the subject property. A determination of public facilities capacity is required prior to the issuance of a Final Development Order. A Final Development Order cannot be issued until capacity is available. Check One: x Future Land Use Amendment Comprehensive Plan Text Amendment Please provide a written description of the proposed development including statements about: 1. The total area of the proposed development; the type of residential or non-residential development proposed; the number of residential units and the square footage of non- residential development. 2. The tentative construction schedule for the proposed development, including, if applicable, a tentative schedule for phasing construction. 1 A description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County. Parcel Acres: '65 Acres Amendment Acres: '65 Property Address/Location: 738 East Prima Vista Boulevard Existing Future Land Use: Residential Urban (RU) Proposed Future Land Use: Commercial (COM) Existing Zoning: Residential, Single Family 4 (RS-4) Existing Use: Single Family Homes Are any other applications being submitted concurrent with this application? YES x NO Please indicate the type of any concurrent application(s) being submitted: Describe the existing improvements and structures on the amendment lands: Existing Single Family home. Page 1 of 11 Revised: June 19, 2008 Supplement 4 Proposed use of amendment lands: The owners are proeosx;:c to develop their propertxcs with uses oonsxstecc with the uses ux e'wea :n •.:ne CU aad G� Lom no in ct:'xets. Reason for making this request: Prima Vista Blvd. is currently a heavily traveled roadway. It does not lend itself to residential type uses. The heavily traveled roadway if tbci had a commercial Future Ln nd Used acs;caat xcn, The River Park -Community Q � lay .one doe, allow tar co..m ci l d,velopment at taii incersoctiono wx.nout a iand u.a._ Mange. TnIn "PP-x.E50811 is .,rt.p'.x MI OR _% "u..:O'i.a uses u- a_ uwuo an the parcels that are a part of the applicatiun. Applicant or Agent Name (Printed) Page 2 of 11 Revised: June 19. 2008 —_-- Signature Supplement 4 Required Documentation On a separate sheet provide the following information. Your responses should be thorough and supported by references to specific sections of the Comprehensive Plan that are applicable to the proposed future land use amendment. Please provide documentation to support your responses and complete the attached worksheets. 1. A general statement describing whether and how the proposed amendment conforms to the St. Lucie County Comprehensive Plan. 2. A statement describing how the proposed future land use designation is compatible with the future land use designation(s) and existing land uses surrounding the amendment lands? 3. In accordance with Future Land Use Policy 1.1.5.3 provide the following information: a. Identify future land use designations and existing land uses within 1/4 mile of the subject property that have the same or greater type of proposed future land use designation. b. Is the property under the land use amendment application within the Five Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County or otherwise meet the requirements of Policy 1.1.5.4. 4. Provide a statement describing any conditions affecting the area of the amendment lands that have changed since the most recent adoption of the Comprehensive Plan. Describe any changes in development patterns, utility availability, and public service capacity. Provide the data and analysis supporting your conclusions. 5. Provide a statement describing why there is a need for the proposed Future Land Use Map Amendment and how the amendment will result in an orderly and logical development pattern. 6. If a change to Industrial Land Use is proposed, explain how the proposal meets Future Land Use Policy 1.1.11.2 or Policy 1.1.11.3 of the Comprehensive Plan. 7. Provide a traffic report of the potential impacts to the County's transportation system brought about by the proposed land use change. The report must include existing, background, committed trips, and the projected traffic volumes and the level of service for all affected roadways. Projected traffic volumes must be based on the highest density/intensity allowed under the requested future land use designation. 8. Describe the drainage characteristics of the area and what effects the proposed land use amendment would have on the volume and quality of stormwater runoff? Identify the property's flood zone classification? 9. What are the potential environmental impacts of the requested amendment? Describe the natural resources occurring on and adjacent to the amendment lands. Identify any protected species that are known to occur and estimate the acres of wetlands and native upland habitats on the amendment lands. Identify Category I, 11, or III Wetlands as described in Policy 8.1.14.1. Page 3 of 11 Revised: June 19, 2008 Supplement 4 10. Provide a potable water impact and capacity analysis and documentation that demonstrate adequate water supply facilities and service will be available concurrent with the impact of development. Provide correspondence from the service provider verifying their ability to serve the proposed development. (See attached worksheet) 11. Provide a projection of the average daily volumes of solid waste that would be generated if the land use(s) change. 12. What demands for recreational facilities will be created by development as a result of the land use change? If you are requesting a residential classification, identify the recreational facilities and open spaces that are available in the vicinity? 13. Indicate the location of any archaeological or historic resources that are known to occur on or near the amendment lands. Describe potential impacts to these resources as a result of the proposed amendment. Provide a copy of any available archaeological or historic assessment. 14. Is the property currently within the Planned Urban Service Area Boundary? 15.If you answered "no" to Question 14 above, will the property be used for "urban development activities" as defined in Future Land Use Policy 1.1.5.1? Check which urban development activities apply: Residential development in excess of two units to the gross acre. Any non-agricultural commercial activity. Any non -extractive, non -agriculturally related industrial activity. 16. If any item in Question 15 above is checked, the property must lie outside the Planned Urban Service Area. If an expansion of the Urban Service Area boundary line is proposed, please refer to Future Land Use Policy 1.1.5.1 and answer the following questions: a. What is the distance between the property and the Urban Service Area Boundary? b. Is the subject property contiguous to lands with the requested future land use designation? c. Can the owners of contiguous properties between your property and the present Urban Services Area Boundary ensure appropriate urban infrastructure and services can be provided? If so, please provide documentation. d. To what extent will the proposed expansion detrimentally impact the established character of the area? 17. If changing from an agricultural category (AG-5 and AG-2.5) to a non-agricultural category (all others), please answer the following questions. a. How will the non-agricultural use(s) maintain the viability of continued agricultural uses on adjacent lands? How will any adjacent agricultural uses affect the proposed non- agricultural uses? Page 4 of 11 Revised: June 19, 2008 Supplement 4 b. Using the St. Lucie County Soil Survey, provide documentation of the soil type(s) found on the subject parcel and their suitability for the proposed use. Indicate their suitability as defined by the soil survey. c. Describe the existing land characteristics and how the proposed land use is suitable with those characteristics? d. Does the proposed land use amendment propose the extension of the urban services boundary in a manner that creates any enclaves, pockets, or finger areas? e. Describe why the non-agricultural uses could not be feasibly located on non-agricultural land. 18. Provide a copy of all existing federal, state, regional or local permits or plans related to the property (i.e. SFWMD permits, USDA Conservation Plans, documents related to the lands present or past enrollment in any federal, state or local program). 19.Indicate if the area under consideration is located within a unique area with common characteristics, such as the Indrio Road corridor and White City. If so, indicate how the proposed change in future land use is consistent with the character of the area and any neighborhood plan or special planning project for the amendment area. 20. Identify any local government within one mile of the amendment lands. If any, provide a copy of the proposed application documents to the appropriate government official. Indicate the name and address of the official for which the application documents were provided. 21. St. Lucie County reserves the right to request additional information Page 5 of 11 Revised: June 19, 2008 Supplement 4 APPLICANT ACKNOWLEDGE IVIEN'f S (Owttier's Signature Must be Notarized) I CERTIFY THAI (CHECK ONE) (We) do hereby certify that I (we) own in fee simple the above described property for which a change in Future Land Use is reCluested. _ I (We) are not the owner of the above described property; however, the owners signature below artthorizes the applicants the authority to act as agent for the owner(s) of record. Note; The individual listed on the main application will he the County's single contact for all correspondence and other communication related to this application. PROPERTY OWNERS ACKNOWLEDGMIENTS: (please print) - This supplement will not be considered complete without the signature of all property owners of record, which shall serve as an acknowledgement of the submittal of this application for a change in future land Use. The property ovmee's $jgnature below shelf also authorize the applicant (if other than the property owner) andlor Agent to Oct in his/her f0ljalf for the purposes of seeking This change to the County's Comprehensive Plan �qi the property d (s.6nbed herein. r z � Ov near ,gnai;lra Property n _ Marne i�nrwd) Mailing Address: r: I ,ter. ;, ° Phone: If more than one owner, please submit additional pages L STATE Of - COUNTY OF ,r z-/, The foregoing instrument was acknowledged before me this _','day of. 20 �= byaeZL,,L _who is personally known to me or who has �r producedfil- as identification. -i Slgnatlr notary Commission Number (Seal) g�qv ep� Nslsry G'a192 Slula rd Pioritla Y h N RiChafA SCtti Pp, f phY rq;nm1wW gELio� „15 Z i4 'r. p agc 6 of 1 I Revised: June 19, 2008 Supplement 4 St. Lucie County Potable Water Availability Worksheet This worksheet is provided to assist applicants in submitting comprehensive plan amendments that provide the potable water analysis required to determine the availability of potable water resources to serve the proposed development. The South Florida Water Management District and local utility company contacts are attached. 1. General Information Date: May 18, 2012 Contact Name: Bradley J. Currie Phone: 772-924-2602 E-mail: bcurrie@landdesignsouth.com Potable Water Supplier: City of Port St. Lucie Utility Systems 2. Infrastructure Information Water treatment plant permit number:4560954-01, 02 Permitting agency: FDEP Permitted capacity of water treatment plant(s):41.65 million gallons a day (mgd) Are distribution lines available to serve the property? X Yes No If not, indicate if, how and when the lines will be provided: 3. Water Management District Consumptive Use Permit (CUP) CUP Number:56-00142-w Expiration Date:?/10/2028 Total CUP duration (years):20 CUP allocation in last year of permit:18754 MGY annual allocation Current Status of CUP: X In compliance Not In compliance Reserved cai)acitv:0.909 MGD reserved but unconnected 4. Consumptive Use Analysis A. Current year CUP allocation: 51.38 MGD B. Consumption in the previous calendar year:13.496 MGD C. Reserved capacity or growth projection: 0.909 MGD reserved & unconnected capacity D. Projected consumption by proposed comprehensive plan amendment areas: .010314 MGD E. Amount available for all other future uses (A-B-C-D =E): 36.975 - .010314=36.964 see attached Justification If the amount in E is zero or a negative number, explain how potable water will be made available for future uses: Page 7 of 11 Revised: June 19, 2008 Potable Water Proposed Demand Justification The subject property consists of four parcels totaling 1.46 acres in size. The applicant is proposing to change the Future Land Use designation of the subject property from Residential Urban (RU) to Commercial (COM). As a part of the request the, St. Lucie County requires the applicant to determine the increase in Potable Water associated with the request. The following defines how the increase in water demand was determined for this request. Existing Land Use -Proposed Land Use Land Use RU COM Designation Parcel Acreage 1.46 1.46 Maximum Five (5) Dwelling Units Per Acre 50% building coverage at 3 Development stories Potential Equation = 1.46 x 5 = 1.46 * 43,560 * .50 (building coverage) * 3 floors Development 7 Dwelling Units 95,396 total square feet Potential Potable Water LOS 100 gped (gallons per citizen per 125 gpd per 1,000 square day) feet equation =7*2.3 (People per household) * =95396/1000* 125 100 Potential Demand lay 11,924.5 gallons per day Projected Increase 10,314 gpd or .010314 MGPD Supplement 4 Potable Water Availability Worksheet Instructions 1. Date: Enter worksheet completion date. Contact name: Enter the contact information for the person who prepared the worksheet. Potable water supplier: Supplier for the amendment area(s). 2. Infrastructure Information Permitted capacity of the water treatment plat: Obtain from the utility. Distribution lines: Indicate if distribution lines are available to serve the property. If not, indicate who will fund the improvements and when the improvements will be completed. Reuse Distribution lines: Indicate if reuse distribution lines are available to serve the property. 3. SFWMD Consumptive Use (CUP) Permit Information CUP information: Obtain from the utility. Reserved capacity: Enter the amount of potable water capacity currently encumbered for developments that are approved but not yet constructed. 4. Consumptive Use Analysis Designate mgd or mgy: Indicate which unit of measure is used. The figures may be cited in units of either million gallons per year (mgy) or million gallons per day (mgd), but you must be consistent throughout the worksheet. A. Current Year CUP allocation: provide the annual groundwater withdrawal allowed under the SFWMD — issued CUP for the current calendar year. If you receive water from another local government, enter the allocation established by agreement or by the secondary user CUP issued by SFWMD. It is important to consider the duration of the CUP and the CUP allocation in the last year of permit. If your CUP allocation is less in the final year than in the current year, consider using the final year figure as a more conservation approach for planning purposes. B. Consumption in the previous calendar year: this figure may be taken from the EN-50 forms (SFWMD), from FDEP monthly operating reports, or from other acceptable documentation. Cite your source. C. Reserved capacity or growth projection: Enter an amount based on your reserved capacity or growth projection. Check which alternative you selected. Attached the calculation for the alternative selected. Reserved Capacity: Enter the amount of potable water capacity currently encumbered for developments that are approved. Growth Projection: Enter the water use attributable to this year's growth and cite your data source(s). Sources for growth projections include the comprehensive land use plan, the CUP, the most current SFWMD water supply assessment, or Page 8 of 11 Revised: June 19, 2008 Supplement 4 the utility's water supply plan. Include the amount of the previous year's allocation that was not used. D. Projected consumption: Attach a description of formulas, including figures and assumptions used to deriver this figure. The projected consumption should be based on new growth attributable to the proposed amendment. Calculate the difference in projected assumption based on the difference between the maximum development potential under the current future land use designation and the proposed future land use designation. E. Amount available for all other future uses: This line represents the amount available for all other future uses by subtracting lines B, C, and D from A. Contact Information: South Florida Water Management District (SFWMD) Keith Smith, Sr. Supv. Hydrologeologist WATER USE REGULATION Mailing Address: P.O. Box 24680 West Palm Beach, FL 33416-4680 Telephone number: 561-682-6620 SFWMD Martin/St. Lucie Service Center Upper East Coast Office Phone: 772-223-2600 or 800-250-4100 The Upper East Coast Water Supply Plan webpage is http://www.sfwmd.gov/org/wsd/wsp/uecwsp.htm St. Lucie County Utility Office mailing address: 2300 Virginia Avenue Fort Pierce, FL 34982 Office telephone numbers: 772-462-1150 Office fax number: 772-462-1153 (Fax) Office e-mail address: Utilities_Customer_Service@co.st-lucie.fl.us Fort Pierce Utilities Authority (FPUA) 206 S 6th Street Fort Pierce, FL 34950 Mailing Address: PO Box 3191 Fort Pierce, FL 34948-3191 Office Telephone Number: (772) 466-1600 Page 9 of 11 Revised: June 19, 2008 0 0 J tat r€ ggL'a6� Y T � . CL n, J� s 1k�j* is N N Wi CVo N x4 q � � t3k(ir�F L IN \0 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE A 3212089 OR HOOK 2977 PAGE 1904, Recorded 05/27/2008 at 04:21 PM Doc Tax: $2474.50 Papered by and Relum la: AlsnvU Till, of Pon Saint Lavle Golf. Badnop nanX Bldg. 9815 S. US Highway 1. Svlw 101 Pan Se Lude, Fedde 34952 Phone: 992.38.96101 Gil, a PSL-0110 General Warranty Heed Made [hip .Ldey9f /QOQaL 200E A.D. By Mlrheel K.Klein$u¢nsor reinspects) of the Klein Family Raromble Trull, dated Anterior 6, 19W'L 'dull and Pamein Steps Basemsar Tlvnee(Q oohs, Main Family Reparable Trust, de(edAugma 6,199r, v maMed Vdul1, whaee po9 atPw address Is: , herelwaer Called the pardon, m Shawn A. Hwring a, Iwurle L Hearing, husband cad wife, whew post onloe addma is: 938 SC Breakwemr Av... Pon St. Lucie. FL 34981 heselnegr, wtlnl5aelapXsl th pen for end In wn,Ids, theno lhcswn Ten alias, (SI0 0)a da"'vela le U / sideaatlem, reedpt whereo"1 here arkwwledged, here p6 a, boreal ,soli aliens sin, re aw,<onvryf deonRrmy I Sus Blue, all Met odour M51 it in St.lode Covn ,Flo Ida, air: p'(/ Lot M A, Taut A, Blod 83, Rirer ark-Un010,acc ing she map plus <reo,namdW in Phil Book 14.P get f Sold properly s nouhe lumaltond of the Gastonia) under the him and smtitntion ofthe State ofFloridn In lhel miffirr Oamaniq or any memb. afthe household efOmntor(s) ndtle Ihetem. Patent ID Number. 34195150011-o000 6 3419 Together wild, all the tenrments, hemdilements said appedemnaa thereto bdongb,8 e, in anywise eppertnising. To Have and to Hold, the same in Se simple forever. And the panto, hereby comma with said Swede that the grantor b lawfully seized of sold land In on simple; that the lariat has land right end lawfpl milimityto sdl end convey said land; that the peso, hereby Nlly warnedw the litletosaid land and will defend the some againM Se lalvlbl ]alms of nil pewmw whomsoever, end that paid land Is Sec of all eammbeanap..pr lea's leisure 1ubse0uem to Dattmbee 11. (user type prior yarl. State of ; County of 'Me foregoing instrument wea a,mmnlydged before me nis VAS, of C L 2008 by Pamela &or Succosur TmMeets) of the Kid, Family Revocable Trash dated AvguH 6, )992, who ynewe he me or who he, produced L1Cuv/ midrnldnredon. Dk 0 Ile s_Iroalestar w, F/y .11 lies, I..m, ri MS fomnrnon 8mbrn [� Il1J, cN 1 [i OR BOOK 2977 PAGE 1905 Prepared by and Return to: Abstract Tide of Pon Saint Lucie Gulfstream Business Bank Bldg. 9815 S. US Highway I, Suite 101 Pon St. Lucie, Flo de 34952 Phone: Y72J80- 08 File k PS1.01 I _ A / W'`•HIrYff �1�e3—%LTIL� Michael ]G Klein Successor Trustees) of the Klein Family Revocable Trust datedAuttust 6, 1992 FWpt�R—tA NOUry Public Printed Nemc Mich at, Commisslaa E.Plres:_ Dly Legal Description 738 NE Prima Vista Boulevard - Hearing LOT 10 AND TRACT A, BLOCK 83, RIVER PARK -UNIT 10, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 29, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA Property Appraiser - St.Lucie County, FL Page 1 of 1 Shawn A Hearing Record: 1 of i Property Identification Site Address: 738 E PRIMA VISTA BV SecrTown/Range: 22:36S:40E Map ID: 34/22S Zoning: RS-4 PROPERTY RECORD CARD «Prov Next» Spec.Assmnt Taxes Exemptions Permils Hone Print , VOW 00G Parcell D: Account q: 3419-575-0001-000-9 43560)))) �: Land Use: SF Res Cify/Cniy: St Lucie County Ownership and Mailing Owner. Shawn A Hearing Laurie L Hearing Address: 738 NE Prima Vista Blvd Port St Lucie FL 34952 Legal Description RIVER PARK -UNIT 10- BLK 83 TRACT A AND LOT 10 (MAP 34/22S) (OR 2977-1904) Sales Information Assessment 2011 Final Total Land and Building Date Price Code Deed Book/Page 2011 Final: 245600 Land Value: 179700 Acres: 0.65 4/15/2008 353500 00 WD 2977 / 1904 Assessed: 245600 Building Value: 65900 9/10/1993 100 Ot QC 0836 / 0503 Ag.Credit: 0 Finished Area: 1416 Seri 4/8/1993 100 01 QC 0836 / 0503 Exempt. 50000 9/13/1992 100 01 QC 0807 / 1387 Taxable: 195600 2/1/1973 38500 00 CV 0211 / 1893 Taxes: 4176.55 BUILDING INFORMATION Exterior Features View: - RoofCover SD - Dim Shingle RoofStruct HP - Hip ExtType: HC -HC YearRlt 1970 Frame: - Grade: C-C EffYrBIL 1977 PrimeWall: BS - CB Stucco SeryHght'. 0010 - 1 Story No.Umts'. 1 Sec Wall - Interior Features BedRooms 2 Electric: MIX - MAXIMUM Prmlntwall: DW- Drywall FullBath: 2 HeatType: FHA-FrcdHotAir AvgHUFI". STD 1/28ath: 0 HeatFuel: ELEC- Electric Prm.Flors: CU- Carpet %NC.. 100 %Heated: 100 %Sprinkled. 0 Special Features and Yard Items Land Information Type Y/S Cry. Units Qual. Cond. WWI No, Land Use Type Measure Depth SWAV - RES POOL AVG Y 1 450 AV AV 1978 1 0100-SF Res CIUA-Front Ft 82.5 125 ENC2 - POOL ENC-AVG Y 1 1416 AV AV 1978 2 0100-SF Res CIUA-Front Ft 88.63 159 PA01 - POOL DK-AVG Y 1 966 AV AV 1978 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. http://www.pasle.org/pre.asp?prclid=341957500010009 4/12/2012 0304/0005 ION (N) jmvt 3 . t.qj. 0 s - � (d) ,00'961 3 „00,8£.90S S c \\ m m m� Aun o Il om n� Aupv�llTma lloo.40 'i $ Il�mnn o�n��nnu r-m2,�B'momnllno � z �AAmn z A mOA�OOcyCmf9Or$ mznom�o"S�"'o'A"mi . m m L i A O � a II �umEmAo u� 2 y t AA u A i �a �o 2ai owe n zm no 000"acAAna n mm n'z^�'�omr�ypy � m A�2Am cl [� �m yy oA max<A > nc cf O A Jy `- n t A � �Im mo - ICE '0! - m� m O D 10 a v (d%% vlov 1 ,6S'L01 M a$ lW�BB) ,6S'Lo M Z' Fw m N N P r O y b ov. o 1 V7d o m� UiN VN y oa m v o v o b >r� a a � � < A S y C m a 19.30 m % O (d) .00 og U <o nz� s.o' 19.13 v( RmApz� Oy� .T_imrypm W Off" � z 0.40 S 40 S m oyn F Uo Nz RES oaz o� o� s Supplement 4 FN St. Lucie County a Concurrency Deferral Affidavit I, _,'�lti ri ✓ Sri e� residing or doing bUSiness at 7 j acne r— Street p .dy i t da —tip p �s}IOnG' have applied for a _ _ from St Lucie County, Florida, ype o evra upi�.n1 <Ort— for the following project: ��e o7l�iopnse�eve opment Parcel ID Number(s): I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property_ I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when i apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County LDC, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property, p canl ame nniei-_Signatw of p 2p anI � STATE OF COUNTY or The foregoing instru Wedb_ nt was acknowledge efore me this _S _ day of 20 {" by L,•)ticr�-`t t —._r "who is personally known to me or who has produced --L?. ' as identification. �J signature o Diary ype or onrilwame o otary Commission Number ' AWY, f h /Ch ,e � � �i i Y IVOI'uy Pu4ri� Slaty of Plurrils ��[Sr tAy Comn, Eepir ; I It, 6, 2015 Page 11 or 11 AAA_ �tR,issien EpBfP?6 AGENDA REQUEST COUNTY F L O R I D A TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: County Attorney ITEM NO. VIII DATE: February 5, 2013 REGULAR [XX] PUBLIC HEARING [] CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney Celebration Pointe Subdivision Improvement Bonds, Assignment and Related Issues See attached memorandum RECOMMENDATION: The County Attorney recommends that the Board approve the Assignment and authorize the Chairman to sign the Assignment subject to County Attorney approval. COMMISSION ACTION: [ ] APPROVED [ J DENIED (] OTHER: CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Apvwals County Attorney: Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Solid Waste Mgr.: County 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.: 13-0082 DATE: January 31, 2013 SUBJECT: Celebration Pointe Subdivision Improvement Bonds, Assignment and Related Issues 4444tiY4Y#Yttit#tttit4tYiiiitiYitiiiYi44ii4##4###4#4##•tttttt#YttYYiiiiti4#i44#44■ LoLand Asset, LLC owns certain property in the County which it planned to develop into the Celebration Pointe Subdivision. Mercedes Homes, Inc, was to be the Developer of this property. Mercedes signed a Subdivision Improvement Agreement to complete certain improvements to Celebration Pointe by June 11, 2009. To date, those improvements have not been completed and Mercedes informed the County that LoLand will no longer allow them back onto the property to complete the improvements. LoLand signed three Road Improvement Agreements to complete improvements to Jenkins, Swain and Peterson Roads in connection with the Celebration Pointe development. Those improvements were to be completed by May 22, 2008. To date, those improvements have not been completed, as set forth in the December 4, 2007, November 6, 2007 and January 11, 2008 letters attached. Mercedes provided six bonds as security for its andLoLand's Agreements. The terms of these bonds state that the bonding company must receive "a resolution from the Obligee [St. Lucie County] that the improvements have not been installed or completed" before it will'complete the improvements or pay the Obligee such amount of the bond which will allow the Obligee to complete the Improvements." Mercedes filed bankruptcy and no longer has any Interest in the property. On February 24, 2009, the Board adopted Resolution No. 09-054, a copy of which is attached, authorizing the County Attorney to file a claim with Bond Safeguard Insurance Company. Although the claim was filed, the bonding company has refused to complete all of the required improvements. On February 23, 2010, the Board granted permission to sue Bond Safeguard Insurance Company to enforce the provisions of the bonds. Suit was filed and is currently pending in St. Lucie County Circuit Court. Mediation is scheduled for February, Attorneys for Lol-and have submitted a settlement proposal to the County in the form of an Assignment. A copy of the Assignment is attached. As proposed by LoLand, the County would assign its rights in the bonds to LoLand and LoLagd would assume the prosecution of the litigation from the County. In return, LoLand would: (1) reimburse the County for its costs and fees in prosecuting the litigation; (2) agree notto sell any individual lot until the subdivision improvements were complete; (3) agree to complete the subdivision improvements within five years; and (4) agree that the County could vacate the plat if LoLand did not complete the subdivision improvements within five years. County staff and the County's special counsel have reviewed the proposed Assignment and believe that the proposed conditions in the Assignment adequately protect the County's interest in this issue. RECOMMENDATION/CONCLUSION: The County Attorney recommends that the Board approve the Assignment and authorize the Chairman to sign the Assignment subject to County Attorney approval. County Attorney DSM/caf Attachments BOARD OF - COUNTY COMMISSIONERS ° December 4. 2007 1 Steve" M. Pawiyk. P.E: Bowyer -Singleton & Associates. Inc. 901 Northpoint Parkway, Suite 204 West Palm Beach. FL. 32407 Reference: Right -of -Way Permit Na 06-14 i Jenkins Road Roadw'av improvements - Culcbration Point Notice of Rejected Work Dear Mr. Pawlyk: PUBLIC WORKS DEPARTMENT St. Logic County has completed a review of the Certification Package for the above mterert ed project. 1 regret to inform ,you that we have found inconsistencies in the construction that require corrective actions prior to the recommendation of acceptance. Pipe laid is not true to alignment and / or shows signs of settlement. Pipe lengths and elevations deviate from plans. The face of the headwall contains foreign material. Erosion around headwalls has been observed. Unimproved Driveways within the limits of construction have not been improved. Proper signing and striping has not been installed or has been installed incorrectly. Required striping for crosswalks and islands has not been installed. The Keep Right signs require object marker signs below them and the Stop signs need to be meet County requirements and be installed correctly. As -built information for the structures and pipes discharging into retention ponds has not been provided. All disturbed areas within the rights of way need to be sodded. Please review the work in its entirety. All improvements must be completed in accordance with FDOT and St. Lucie County Standards prior to the submittal of a Certification Package, Attached please find photographs, depicting Incomplete work as well as unacceptable work. Our findings are not to be considered all-inclusive. You need to make an independent review and advise us as to the corrective actions to be taken. As always. any work performed with the rights -of -way needs to be approved and requires 24-hour notilic:uion. If there are any questions, please feel free to contact me at (712) 462.1712, Sincerely, Craig A. Hausehild, P.E. Assistant County Engineer Attachment Photographs u: Don weft. P.E. - Pubn: works D:recwr Dor•.iud PUVIO} - auaa at Bndgc'y`.an.rgtr Michael Potvlcy. P.E. -County Engineer Ann Amardro- T..Wirc Operations S4PVr,wr Rom Harry. PLS - County Surveyor Gerry R6gem - TrOto Oporttiot. ' Technician Naiasltu raylor•Saciz - Civil Engineer File ✓>eN E. YAM QJ-,I Nv 1 . A:ti COWAAe ihyn('ve 9 • PA6,A' • CHA^ Es CAA ICE iN.tl Hn.< 11-RS cr:,:: .. .i. ie.. ,.Uvrtr Acm-nwre•a-oau�7:n:r. a�e..,z.� 23CO Virginia Avetvve - Fr. Pierce. FL 34982 F',;bnc WMw. i772, 462-1483 • FA%(772) 462.2U2 01v n of Ergineenay: ; 772j 462.' 707 FAX 462.2a62 • Uvison of rlxJ 6 xid;e! t772, 461.2j1 1 FAA 46'2.2_6:1 Side drains were to extend 12 inches beyond face of wall. Right -of -Way Permit No. 06-141 December 4, 2007 Roadway Improvements for Jenkins Road Celebration Point Subdivision Pipe damaged and shows signs of Pipe laid is not true to alignment and / or shows settlement. signs of settlement. Exposed steel / ties observed. t L �,�J ''rY 1♦ '.{� {ham !�.{..� :e of wall contains foreign material. Mitered end section almost perpendicular to Erosion around the headwall has been roadway. Structure needed to redirect pipe. observed. Invert set higher than swale bottom. Page 2 of 3 r . Right -of -Way Permit No. 06-141 Roadway Improvements for Jenkins Road Face of A t r December 4, 2007 Celebration Point Subdivision �N4 + eadwall has been damaged. All exposed edges and comers are to be chamfered 3/4 inches. Gore striping extends into intersection. Unimproved driveways within the limits of Crosswalk and islands have not been striped. construction need to be improved. Remove filter fabric and debris from inlets / Utility poles and lines need to be relocated to structures. Provide as -built information for back of right-of-way. Fire hydrant location structures and pipes. questionable. Provide acceptance SLCFD letter. Page 3 of 3 BOARD OF COUNTY ® PUBLIC WORKS COMMISSIONERS DEPARTMENT Mr. Steven M. Pawlyk, P.E. November 6, 2007 Bowyer -Singleton & Associates, Inc. 901 Northpoint Parkway, Suite 204 West Palm Beach, FL. 32407 Reference: Right -of -Way Permit No. 06-181 Swain Road Roadway Improvements Notice of Incomplete Work Dear Mr. Pawlyk: St. Lucie County has completed a review of the Certification Package for the above referenced project. I regret to inform you that we have found inconsistencies in the construction that require corrective actions prior to the recommendation of acceptance. Cracked sidewalk has been encountered. Sidewalk in some areas has not been completed. The right-of-way has not been sodded. The improvements to Swain Road are not protected from the surrounding construction. Some erosion control measures need to be removed while others, protecting the improvements from the adjacent construction, need to be established. 'Structures 121A, 170A, and 183A are shown incomplete. Structures 159 and 185 need to be completed. Pavement striping and signage has not been installed. The project is overgrown with weeds. Please review the work in its entirety. All improvements must be completed in accordance with FDOT and St. Lucie County Standards prior to the submittal of a Certification Package. Attached please find photographs depicting incomplete work as well as unacceptable work. Our findings are not to be considered all-inclusive. You need to make an independent review and advise us as to the corrective actions to be taken. As always, any work performed with the rights -of -way needs to be approved and requires 24-hour notification. If there are any questions, please feel free to contact me at (772) 462-1712. Sincerely, nc Craig A. Hauschild, P.E. Assistant County Engineer Attachment: Photographs cc: Don Rest. P.E. - Public it'orks Dlrnlor Donald Pauley- Road & Bridge Manager Michael Pmeley, P.E. -County• Engineer Ann Amandro - Traffic operations supervisor Ron Battle. PLS- County Surveyor (ferry Rogers- Traffic Operations Technician Natasha Taylor-Saenz-Civil Engineer File 105tPH E. $Wn1 Onn¢i no. 1 I OOOD COWARD. Dsmo No. 2 • PAW A :EWO G400 V, ! • CHARLEs GRAND( DL•ma No 4 • Ceals CMn. Dici C, w Cwnry Ad In.)^att 0*%W: sM Mdenen 2300 Virginia Avenue • Fr. Pierce. F19a982 Public Woda: (772) 462-1485 • FAX (772) 462-2862 Drvidon of Engineanng: (772)462-.7e7 FAX 662.2J62 • 0N1uQn or Rccd 6 Dntse (772) 462 2511 FAX 462.2a6J Right -of -Way Permit No. 06-1 g 1 Roadway Improvements for Swain Road Sidewalk has not been completed. installed. Filter fabric has not been removed. Sidewalk nonexistent. Weeds covering cracked sidewalk. November 6, 2006 Celebration Point Subdivision F± Inlet still under construction after receipt of Certification Package, C. Additionally, improvements not protected from construction traffic or offsite erosion. Right -of -Way Permit No. 06-181 Roadway Improvements for Swain Road November 6, 2006 Celebration Point Subdivision Signage and pavement markings have not Sidewalk terminates into a drainage ditch been established. Stop Signs, Speed Limit without warning. Discharge from Structure Signs, Stop Bars, etc. need to be installed, 183A not shown on Record Drawings. Existing drainage does not appear to be Improvements need to be maintained. Header curbs to protect the construction traffic and the tri edges of pavement have not been installed. Construction debris left on -site. Rusty nails Damaged pavement, shown in bottom right on sidewalk. of soil. BOARD OF COUNTY COMMISSIONERS January 11, 2008 Mr. Steven Pawlyk, P.E. Bowyer -Singleton & Associates, Incorporated 901 North point Parkway, suite 204 West Palm Beach, FL 33407 PUBLIC WORKS DEPARTMENT Reference: Right -of -Way Permit No.07-027 Road and Drainage Improvement on Peterson Road at Celebration Pointe Notice of Deficiencies Dear Mr. Pawlyk: St. Lucie County has reviewed the Certification Package for the above referenced project, Regrettably, we have found inconsistencies in the Certification Letter and in the construction similar to those encountered in the Jenkins Road and Swain Road certification packages you submitted. These deficiencies need to be corrected prior to the recommendation of acceptance. All inconsistencies with FDOT and St. Lucie County Standards need to be corrected prior to acceptance of the project by St. Lucie County, Please review the work and advise us as to the corrective actions to be taken. As always, any work performed with the rights -of - way needs to be approved and requires 24-hour notification. If there are any questions, please feel free to contact me at (772) 462-2098. Sin ly, 7 s a Taylor .ivil Engine cc: Don West, P.C. - Public Works Director Donald Pouley — Road & Bridge Manager Michael Powley, P.E. -County Engineer Ann Amandro — Traffic Operations Supervisor Ron Ilarris. PLS—County Surveyor Gerry Rogers— Tmltic Operations Technician Craig Iluuschild,P.E.— Assistant County Engineer File IOSEPH E. 5WH. Dlsnkr No. 1 • DWG COWARD. Dbnlu No. 2 • PAULA A. LEWIS. DMda No. D c CHARLES GRANDE. Dualcl No. 4 • CHRIS CRAFT. loner No. 5 Carry A,J"N W a - Dwalw M. Anderson 2300 Virginia Avenue • Fr. Pierce, FL 34982 Public Worhso (772) 462-1485 - FAX (772) 462.2362 Dlvufon of Engineering: (772) 462-1707 FAX 462.2362 • Division of Rood G arldge: (772) 462.2511 FAX 462.2363 v .co.sr-lude.11.us Heather Wake From: Craig Hauschild Sent: Thursday, February 12, 2009 1:25 PM To: Heather Lueke Subject: FW: Celebration Pointe - Improvements to Jenkins Road at NSLRWCD Canal 36 Attachments: 2008-12-16 Jenkins Road - Celebration Point - Cracked Wail .... pdf Do you have this information regarding the culvert crossing of Jenkins Road for the Celebration Pointe Subdivision? From: Craig Hauschild Sent: Tuesday, December 16, 2008 10:38 AM To: 'Dan Roberts' Subject: Celebration Pointe - Improvements to Jenkins Road at NSLRWCD Canal 36 Mr. Roberts: The Contractor may have adversely affected the improvements within the Jenkins Road rights -of -way for the Celebration Point development while addressing previously noted deficiencies. The following photographs shown new and ongoing problems with the construction that need to be addressed prior to acceptance. Photo No. IA — Looking at the southeast wing wall. A crack has formed along the entire vertical face of the wall bisecting the side drain. mitered end section, where erosion is still occurring. ;x Photo No. 1B — Looking at the southeast wing wall crack shown here bottom right. Water appears to be seeping out of the crack at this elevation. occurring adjacent to the southwest wing wall. Erosion needs to be corrected and area needs to be graded to drain to the ditch bottom inlet. t �cT�1V k, i, Photo No. 4 — Looking south at the 24" RCP side drain, which protrudes through the southwest wing wall. Seepage appears to be occurring under the protruding pipe. Photo No. 5 — Looking into the 24" RCP side drain within the northwest wing wall. The pipe appears to have been damaged during construction / replacement activities, �iease Note: r.ud s ven ore d p .ulic records laws. Most written communications to dr from County officials regarding County business are pub.ic records availabie m -he public and media over 'mrquesl It Is the policy et St. Lucie County that all County records shall ue open for pumona: tmoecnon examination adc ' 'spying. Your e-mail mmmi-mcations will be subject to oubne dicclosum unless an exemption aupiies to the communication If you received this email:o eoor c easa notify the sender by reply a ma-1 and eeWte all malenals from all cornpulti 2 RESOLUTION NO. 09-054 A RESOLUTION FINDING THAT THE REQUIRED IMPROVEMENTS TO CELEBRATION POINTE HAVE NOT BEEN INSTALLED OR COMPLETED AND AUTHORIZING THE COUNTY ATTORNEY TO FILE A CLAIM WITH THE BONDING COMPANY. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. LoLand Asset, LLC (LoLand) owns certain property in the County which it planned to develop into the Celebration Pointe Subdivision. Mercedes Homes, Inc. (Mercedes) was to be the Developer of this property. 2. On November 14, 2006, Mercedes signed a Subdivision Improvement Agreement with the County to complete certain required improvements to the Celebration Pointe Subdivision (C06-11-671). The improvements were to be completed by June 11, 2009, 24 months from the date the plat was recorded. 3. Mercedes provided security for this Agreement in the form of three bonds with Bond Safeguard Insurance Company: Bond Number 5024027, in the amount of Four million eight hundred and thirty-seven thousand one hundred and nineteen dollars and six cents ($4,837,119.06) for Utility Construction; Bond Number 5024026, in the amount of Three million three hundred and sixty-six thousand one hundred and eighty-seven dollars and fifty cents ($3,366,187.50) for Street/Underground Construction; and Bond Number 5024028, in the amount of Four million two hundred and fifty-six thousand eight hundred and twenty-nine dollars and fifty cents ($4,256,829.50) for Miscellaneous. 4. To date the required improvements have not been completed, as stated in the email from Craig Hauschild dated February 12, 2009, attached, and the County has been ratified by Mercedes that the owner of the property will no longer allow Mercedes access to the property to complete the improvements by June 11, 2009, : 5. On May 22, 2007, LoLand, signed a Road Improvement Agreement with the County to complete certain road improvements to Jenkins Road in connection with the Celebration Pointe Subdivision (C07-05-247). The improvements were to be completed by May 22, 2008, 6. Mercedes provided security for this Agreement in the form of Bond Number 5026726 with Bond Safeguard Insurance Company in the amount of seven hundred and thirty five thousand thirty dollars and forty-two cents ($735,030.42). 7. To date, these improvements have not been completed. As set forth in the December 4, 2007, letter from Craig Hauschild, Assistant County Engineer, attached, the pipe JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE 8 3318873 03'O8UM 0 03:38 PM OR BOOK 30W PAGE 2139.2141 aoc Type: PESO RECORDING; S27.00 that was laid is not true to alignment and shows signs of settlement, the pipe's lengths and elevations deviate from the plans, there is erosion around the headwalls, unimproved driveways, the signs and striping was not installed or was not installed correctly, the rights -of -way were not properly sodded, and the as-bui Its were not furnished. Additionally, as set forth in the December 16, 2008, email from Craig Houschild, attached, a crack has formed along the entire vertical face of the wall bisecting the side drain, water is seeping out of a wall crack at the southeast wing of the culvert, erosion is still occuring at the southeast mitered end section and the southwest wing wall, seepage appears to be occurring under a protruding pipe at the southwest wing wall, and the pipe at the northwest wing wall appears to have been damaged during construction/replacement activities. 8. On May 22, 2007, LoLand signed a Road Improvement Agreement with the County to complete certain improvements to Swain Road in connection with the Celebration Pointe Subdivision (C07-05-246). The improvements were to be completed by May 22, 2008. 9. Mercedes provided security for this Agreement in the form of Bond Number 5026728 with Bond Safeguard Insurance Company in the amount of four hundred and sixty-five thousand two hundred and seventy-seven dollars and seventy-one cents ($465,277.71). 10. To date, these improvements have not been completed, As set forth in the November 6, 2007, letter from Craig Houschild, Assistant County Engineer, attached, there are inconsistencies in the construction that require corrective work to be performed on the Project including cracked sidewalks, rights -of -way that have not been sodded, the improvements to Swain Road are not protected from the surrounding construction, erosion control measures need to be removed and others need to be established, structures are incomplete, pavement striping and signage is not installed and the Project is overgrown with weeds due to a lack of maintenance. 11. On May 22, 2007, LoLand signed a Road Improvement Agreement with the County to complete certain road improvements to Peterson Road in connection with the Celebration Pointe Subdivision (C07-05-248). The improvements were to be completed by May 22, 2008, 12. Mercedes provided security for this Agreement in the form of Bond Number 5026727 with Bond Safeguard Insurance Company in the amount of five hundred and twenty-one thousand three -hundred and seven dollars and eighty-three cents ($521,307.83). 13. To date, these improvements have not been completed, as set forth in the January 11, 2008, letter from Natasha Taylor.,Soenz, Civil Engineer, attached, there are Inconsistencies in the Certification Letter and in the construction similar to that encountered with Jenkins Road and Swain Road, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby find that the improvements to the Celebration Pointe Subdivision, Jenkins Road, Peterson Road and Swain Road, as required by Subdivision Improvement Agreement C06-11-671 and Road Improvement Agreements C07-05-247, C07- 05-248 and C07-05-246, have not been installed or completed. 2. This Board authorizes the County Attorney to file a claim with Bond Safeguard Insurance Company against Bond Numbers 5024027, 5024026, 5024028, 5026726, 5026727, and 5026728. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis Aye Vice Chairman Charles Grande Aye Commissioner Doug Coward Aye Commissioner Chris Craft Aye Commissioner Chris Dzodovsky Aye PASSED AND DULY ADOPTED this 241^ day of February, 2009, ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO LEGAL FORM AND THIS ASSIGNMENT (this "Assi ng ment") is made as of February _, 2013 (the "Effective Date') by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "Coun "), as Assignor, whose mailing address is 2300 Virginia Avenue, Administration Annex, Fort Pierce, Florida 34982, Attn: St. Lucie County Attorney's Office and LO LAND ASSETS, LP, a Delaware limited partnership, its successors and/or assigns ("LOLA'), as Assignee, whose mailing address is 2020 Main Street, Suite 1100, Irvine, California 92614. Each of the County and LOLA shall be referred to individually as a "Party" and collectively as the "Parties". RECITALS: WHEREAS, Mercedes Homes, Inc. ("Mercedes") was the contract purchaser under a "land bank" arrangement with LOLA in which Mercedes would develop and construct all subdivision improvements on the residential community commonly known as "Celebration Pointe" (the "Property") then owned by LOLA and subsequently acquire all of the residential lots within the Property from LOLA; WHEREAS, in performance of its obligations to develop and construct the subdivision improvements, Mercedes platted the Property (the "Plat") and the County, as a condition to its approval of such Plat, required Mercedes to secure the performance of such subdivision improvements by delivering to the County various Subdivision Bonds and Road Improvement Bonds (identified by Bond Number on the attached Exhibit "A") under which the County was named as the Obligee thereunder (the "Bonds "); WHEREAS, the obligations to timely develop and construct the subdivision improvements were defaulted to: (a) the County under the Plat and related development agreement(s) by failing to complete the improvements required under the Plat; and (b) LOLA under the construction agreement and option agreement that evidence the land bank arrangement; WHEREAS, the County initiated a lawsuit styled ST. LUCIE COUNTY v. BOND SAFEGUARD INSURANCE COMPANY, ST. LUCIE COUNTY CIRCUIT COURT, CASE NO.: 56 2010 CA 00158 (the "Litigation') against Bond Safeguard Insurance Company ("Bond Safeguard") to enforce Bond Safeguard's obligations under the Bonds; WHEREAS, LOLA intervened in the Litigation as an interested party and intends to seek performance of Bond Safeguard under the Bonds in support of the County's position under the Litigation; WHEREAS, both the County and LOLA have expressed an interest in entering into an arrangement whereby LOLA would assume the prosecution and obligations of the Litigation; WHEREAS, the County and LOLA believe that the most fair, efficient and practical means of effectuating LOLA's assumption of the Litigation would be through LOLA's acquisition from the County of all of its beneficial right, title and interest in and to the Bonds and 4816-9882-3698.1 obligations thereunder, and assume the right, title and interest and obligations of the County in the Litigation upon and subject to the terms and conditions contained herein. NOW THEREFORE, for good and valuable mutual consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: Recitals. The recitals above are true and correct and incorporated herein by reference. 2. Assienment. A. Bonds. The County hereby assigns, transfers, conveys, and sets over to LOLA, its successors and/or assigns, all of the County's beneficial right, title, and interest in and to the Bonds and obligations thereunder. In furtherance of such assignment, within five (5) days after the Effective Date, the County shall deliver to LOLA a copy or copies of each and every original Bond, attached to a certificate executed by a duly authorized representative of the County certifying that the copy of each Bond attached thereto is/are true and accurate copies of the original Bonds, as applicable. B. Litt as tion. The County hereby assigns, transfers, conveys, and sets over to LOLA, its successors and/or assigns, receipt of which is hereby accepted, all of the County's right, title, and interest in and to the Litigation. By such assignment, LOLA, as successor and/or assignee, shall assume the prosecution, defense of any counter -claims or cross -claims related to the Bonds, and obligations of and arising out of the Litigation including the obligations to fully defend, hold harmless and indemnify the County of and from any decree, award, or judgment entered against the County through any cross -claims or counterclaims related to the Bonds through finality of all appeals, if any, to which the County is now or hereafter a party or potential party by way of its legal interest in the Bonds as well as the rights and obligations of any and all claims which refer or relate in any way to the Bonds, which have been or may be in the future brought or asserted by the County, against Bond Safeguard ("Litigation"). The County hereby warrants that it is not aware of any existing or threatened crossclaims or counterclaims. 3. Consideration. As consideration for entering into this Assignment, the sufficiency of which is hereby acknowledged, LOLA and the County agree as follows: A. Within three (3) days of the Effective Date, LOLA shall pay to the County the sum of and No/100 Dollars ($ ), which sum represents the County's total expenses, fees and costs incurred with respect to the Litigation (including all pre -Litigation cost, fees and expenses incurred by the County) as of the Effective Date. Payment pursuant to this Section 3.A. shall be non-refundable upon receipt by the County. The County reserves the right to seek reimbursement from LOLA of any extraordinary expenses incurred in the future arising out of or related to any discovery requests served by LOLA in the Litigation; it being the intent that LOLA will absorb and pay for (by way of example) any extraordinary costs associated with the production of documents associated with discovery requests served by LOLA in the Litigation. 4816-9882-3698.1 B. LOLA shall not sell any individual lot (as created pursuant to the Plat and otherwise legally described therein) within the Property (i.e., the Celebration Pointe subdivision) until all infrastructure improvements are fully surveyed, remediated, completed and installed in accordance with the building codes, subdivision regulations, and Land Development Code in effect for the time the work is to be performed (the "Infrastructure Improvements") including, but not limited to: the then current permitting requirements, the then current permitted plans and specifications approved and certified by a Florida licensed engineer, the then current construction authorizations certified by the County Engineer, and the then current required security is furnished by LOLA under that current Land Development Code ("LDC"), LOLA hereby assumes all obligations to complete the Infrastructure Improvements as provided for herein, which shall be completed at LOLA's sole expense within five (5) years from the Effective Date (the "Completion Period"). The completion of the Infrastructure Improvements within the Completion Period is not contingent upon or conditioned upon the completion of or outcome of the Litigation. LOLA shall evidence its completion of the Infrastructure Improvements by delivery of a certificate to the County, executed by a Florida licensed engineer or contractor certifying to such completion, all test results and all as -built drawings, and compliance with any other subdivision regulations and then current LDC. Notwithstanding the forgoing, in the event LOLA delivers to the County prior to the end of the Completion Period, a certificate issued by a Florida licensed engineer or contractor certifying that the Infrastructure Improvements are at least seventy-five percent (75%) completed (the percentage of completion being a ratio of the verified costs expended as of the date of the certificate (as the numerator) over the total estimated cost of completion (as the denominator)), the Completion Period shall be automatically extend for a period not to exceed one hundred eighty (180) days without the need for any further action by any Party upon delivery of such certificate ("Extended Completion Period") C. In the event LOLA has not completed the Infrastructure Improvements by the end of the Extended Completion Period, the County shall have, as its sole and exclusive remedy, the right to take any and all actions necessary to vacate or otherwise invalidate the Plat, including, but not limited to, the adoption of such resolutions or ordinances vacating the Plat in whole and returning the Property to its original acreage and prior land use designation. In the event the County elects to exercise the right provided in the preceding sentence, LOLA shall not object to, or legally challenge, any such action, nor shall LOLA claim or assert any entitlement under the Plat or any government approval issued or granted in conjunction with the Plat. Furthermore, LOLA agrees, at its own cost and expense, to fully cooperate and comply with any action elected by the County to vacate the Plat, including the delivery of such certificate or consents required to evidence LOLA's fee simple ownership of the Property and that the vacation of the Plat will not affect the ownership or right of convenient access of LOLA. In furtherance of the obligations imposed pursuant to this Section 3.C.. LOLA shall, within thirty (30) days after receipt of written request from the County, execute and record a memorandum, declaration or other instrument, the content of which shall evidence the covenants set forth in this Section 3.C. and shall run with the Property. D. From the Effective Date of this Assignment until the completion of the Infrastructure Improvements, LOLA shall obtain and maintain in effect (under which the County shall be named as an additional insured) policies of insurance written on an occurrence (not claims made) basis covering liability for bodily injury and property damage, arising from or 3 4816-9882-3698.1 related to the incomplete improvements within the Celebration Pointe subdivision, with limits of $1,000,000.00 per occurrence, with an aggregate of $2,000,000.00. 4. Representations and Warranties. Both Parties hereby represent and warrant, in each Parry's capacity, as follows as of the Effective Date: (a) it has the requisite power and authority to enter into the transaction contemplated by this Assignment and has obtained all necessary approvals and consents (to the extent required) to enter into this Assignment and perform its obligations hereunder; and (b) the execution and delivery of this Assignment and the performance by such Party of its obligations hereunder will not conflict with or be a breach of any material provision of any law, regulation, judgment, order, decree, writ, injunction, contract, agreement or instrument to which it is subject. Further, the County warrants that its interest in the Bonds and Litigation is not the subject to any pledge or prior assignment. 5. Cooperation: Further Assurances. The Parties agree to fully cooperate and support one another in connection with the Litigation or any other matter in relation to assignment of the Bonds and Litigation to LOLA. Upon request by LOLA, the County agrees to fully cooperate, complete, execute and deliver such documentation that may be necessary to evidence the intent of this Assignment, which the Parties acknowledge and agree is the perfected and completed assignment of any or all of the County's beneficial interest in and to the Bonds to LOLA. Furthermore, the County shall cooperate with LOLA in prosecuting and defending the Litigation to the extent LOLA deems necessary and reasonable. LOLA may, it its election, pursue the Litigation in the name of the County or substitute the parties acting as plaintiff under the Litigation. In the event LOLA elects to substitute the parties acting as plaintiff, it shall be LOLA's responsibility to: (a) draft substitutions of parties and counsel in such a form and content consistent with the Rules of the court exercising jurisdiction over the Litigation ("Substitutions of Parties and Counsel") to be filed with all appropriate courts and to be served on the opposing party(ies); (b) forward same to the attorneys presently handing the Litigation for signatures; (c) file such Substitution of Parties and Counsel with all appropriate courts and serve same on the opposing party(ies); and (d) contemporaneously with such filing and service, provide evidence of same to the County. The County agrees to fully cooperate with LOLA in its efforts to pursue the Litigation, including providing information, documents, and testimony as reasonably required. Furthermore, the County's obligations to cooperate and otherwise perform under this Section 5 shall at all times be at the sole cost and expense of LOLA. 6. Miscellaneous. A. Binding Effect, This Assignment and the terms, covenants, conditions, provisions, obligations, undertakings, rights and benefits hereof, including any attachments hereto, shall be binding upon, and shall inure to the benefit of, the Parties and their respective administrators, representatives, successors, and assigns. B. Expenses. Each of the Parties shall pay for its own expenses associated with the negotiation and documentation of this Assignment, except to the extent set forth in Section 3,A. above or otherwise agreed by the Parties in writing. C. _Entire Agreement: Waiver: Amendment; Severabilitv_. This Assignment embodies the entire agreement and understanding between the Parties relating to the subject 4816-9882-3698.1 matter hereof and supersedes all prior agreements and understandings between the Parties with respect thereto. No waiver of any term or condition in this Assignment is valid unless in writing and signed by an authorized representative of both Parties, and such waiver shall be limited to the specific situation for which it is given. No other action or failure to act will constitute a waiver of any rights by any Party. Except as specifically provided for above with respect to termination of this Assignment, this Assignment may not be amended, modified or superseded, except by a written instrument executed by each of the Parties hereto. Whenever possible, each provision of this Assignment will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Assignment is found to violate a law, it will be severed from the remainder of this Assignment and a new provision shall be deemed added to this Assignment to accomplish, to the extent possible, the intent of the Parties as evidenced by the provision so severed. D. Governing Law; Jurisdiction. This Assignment shall be governed by and construed in accordance with the State of Florida determined without regard to provisions of conflicts of laws. E. Damages Restrictions. Neither Party hereto shall make a claim against, or be liable to, the other Party for any monetary damages, including, but not limited to: consequential, indirect, incidental or punitive damages or lost profits suffered because of the negotiations contemplated herein or any performance or failure to perform any obligations hereunder. F. Notices. All notices, requests, demands and other communications under this Assignment shall be given in writing and shall be: (a) personally delivered, with written confirmation of receipt; (b) sent by electronic mail or facsimile transmission to the e-mail address or facsimile number set forth on the signature page hereto, each with confirmation of receipt; or (c) sent to the applicable Party at the address listed on the signature page hereto by an internationally -recognized private courier service whose delivery may be tracked. G. Counternarts. This Assignment may be executed in one or more counterparts, and any such counterpart shall, for all purposes, be deemed an original, but all such counterparts together shall constitute one and the same instrument. The Parties acknowledge that a facsimile, or otherwise electronically transmitted copy of this Assignment, may be executed and shall have the same binding force and effect as an original, and in such case each Party agrees to execute the appropriate original agreement thereafter if requested. [SIGNATURE PAGE TO FOLLOW] 4816-9882-3698.1 IN WITNESS WHEREOF, the Parties hereto have executed this Assignment as of the Effective Date. LO LAND ASSETS, L.P., a Delaware limited partnership By: LE LAND ASSETS, LLC, a Delaware limited liability company, its General partner 0 Name: Date: 4816-9882-3698.1 BOARD OF COUNTY COMMISSI ST. LUCIE COUNTY, FLORIDA By: Chair Attest: Deputy Clerk Approved as to legal form correctness: County Attorney