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Home My WebLink AboutBernie Kosar Business Acumen: R::K1tball player- tumed-business- man Bernie Kosar has his hands in numerous suc- cessful invest- ments throughout South Florida. PHOTQG'RA:::"";'Y :., DANIEL PORTNOY 1,111111111111111111111111 111111111111111111111111111111111111111111111111 1,111 IIIII! IIIIII IIIIII IIIIII II II II ht at the National Car Rental Center in Sunrise, the home of the ey team, two big-league games are being played - the sport itself e, and business as usual up in the luxury suites, an upper-level ring of hospi y havens bearing the names of corporate sponsors such as the Sun Sentinel Company, Lucent Technologies, and Seminole Tribe of Florida Inc. In the executive suite, reserved for the owners of the National Hockey League's South Florida franchise, a tall, boyish-looking man with curly black hair is holding court - and no wonder. A former football star turned Broward County business investor, Bernie Kosar plays a lead role in just about every field he steps onto. On the ice, the Panthers are losing to the New Jersey Devils, playing to a half- empty arena. But in the owners' suite, fueled by chicken fajitas and a well- stocked bar, the game is almost an after- thought. Kosar loves sports but now devotes himself professionally to business investments. His equity stake in the Florida Panthers is just one in a string of successful personal investments, from fast-food outlets and a telecommunica- tions technology company to real estate in St. Lucie County and a pain treatment elinic in Weston. "I've made more money from business than I ever did from sports," Kosar says. Kosar has pointedly avoided mere endorsement work, unwilling to passively lend his famous name to big-money pro- motions. Unlike other ex-jocks who threw away the fortunes they made in profes- sional sports, Kosar has continued to amass his wealth since he hung up his shoulder pads by actively selecting and monitoring his investments. A no-nonsense player in private business meetings, outspoken Kosar doesn't recoil from tough talk. "Bernie's vocal, very opinionated and to the point," says Mike Maroone, one of the owners of the Panthers and president of Fort Lauderdale-based AutoNation. a national network of automobile dealerships. "You would never leave a meeting unclear about where he stands." "Everybody has a business plan for me, just like everybody has great ideas for other pro athletes," Kosar says. "Great ideas are like stock tips. Most of them are bad." An Ohio native who majored in business at South Florida's University of Miami - and a local hero for helping lead the school to its first national football championship in 1983 Kosar went on to play quarterback in the National Football League for the Cleveland Browns, Dallas Cowboys and Miami Dolphins. But he didn't rest on his athletic laurels. Before his J','FL career ended, Kosar began taking a hands-on approach to his personal business prepping for life after football. A turning point came during his NFL days Kosar acted on a bad stock tip. He bought it and rode the stock all the way down to zero then resolved to do more of his own homework on per- sonal investments. The lesson stuck with him: Investing may be an adventure, but it's also a job. "I wish I was wrong," Kosar says of his inelina- manage his own money. "I wish I could just turn it over to someone, golf 18 [holes], go out to dinner, watch a hockey game, and have somebody do it for me. I just haven't found that to be true. The line I hear every day is, 'This is good. You don't have to do anything.' It doesn't work that way. The quick dollars typically aren't there." Kosar's patience and diligence have œen rewarded. One partic- ularly good stock pick came to fruition in 2001. Back in 1998 Kosar bought a block of Precision Response Corp., a business-to- business seller of technology for telephone call centers. Last June, Precision Response was acquired by television broadcaster USA 52 SOUTH FLORIDA BUSINESS I APRIL 2002 1·11111111111111111 11111 1II11I11111I111II1111111111111111111111111111 . Networks Inc., giving Kosar a $14 mîllion gain on his investment. "And that's just my part," he says. ''That's not counting the stock in my wife's account, or my kids' trust funds," Clearly, Kosar is enjoying the good life. He and his wife Babette, the niece of f012ner Miami mayor !\Iau- rice Ferre, have four children together, money in the bank, 500 acres of land in his native Ohio and a plateful of dreams. They live in a beautiful home near the Weston Hills Country Club, with neighbors including Maroone and former Miami Dolphins quarterback Dan Marino. At an office he keeps in Weston, a place he calls "Bernie-land," Kosar has fiJled the waJls with mounted photographs, footbaJl jer- seys and other memorabîlîa, Like his number. which dropped from 20 at UM to 19 in the pros, Kosar appears to be growing younger. He smiles easily, affably self-effacing. "I am blessed," he says. "I mean, here I am, a tall. skinny, slow kid from Boardman, Ohio and I have aJl this?" But he's also aware that having it aU is no guarantee of keeping it all. As an investor, Kosar is financially on guard. with a pen- chant for practicaJity. He could easily afford an opulent ocean- front residence. But Kosar intends to keep his home. hockey team and many of his business interests clustered in western Broward County - to avoid the inconvenience of the heavier traffic to the east. "\Vhen you're an east-sider," he says, "you constamly get pun- ished driving up AlA and US 1. Some days. I ha\e business in Broward, Dade and Palm Beach, and I don't have time for that." Some of Bernie's business ventures have been fam- ily affairs. He shares ownership of a venture capital called Cleveland Pacific, with his brother, Brian. fast food field, he and his father, Bernard Sr., owned a dozen Arby's restaurants in and around Sports connections also playa part in his business Jife. Kosar is co-investing in several ventures with former Miami Dolphins teammate Bert Weidner, ineluding their SOO-acre residential development in St. Lucie County, near Fort Pierce. Kosar's investment in the Weston MSI Center for Pain Relief stems from faith in the center's director, David Shea, who has treated tennis star Anna Kournikova, and the Miami Heat's Eddie Jones and Alonzo Mourning - not to mention Kosar himself. About seven years ago, the oft-injured Kosar was referred to Shea by former Heat center John SalJey. The treatments took, and Kosar took note. "Unfortunately, I'm an expert on bodîJy injuries and rehabîJîtatÍon." Kosar says, referring to damage he endured as a football player. "I've broken 22 bones, had some surgeries, and a screw is still in my ankle." But perhaps no one has been more important to Kosar's post- football career than his mentor, partner and next-door neighbor, David Epstein. Formerly the chief executive officer of Precision Response, Epstein got Kosar involved in the company, a move that ulti- mately added millions of dollars to Kosar's net worth. Epstein also was the lead negotiator of the investor group (which included Kosar) formed to buy controlling ownership of the Florida Pan- APRIL 2002 I SOUTH FLORIDA BUSINESS 53 thers from biJJionaire business titan Wayne Huizenga (who retained a minority equity stake in the team). Though sports franchises can be dicey investments, Epstein negotiated a 10wbaH $85 million price for the Panthers, giving himself, Kosar and the rest of their partners diminished downside risk on the investment. In the fa]] of 2000, Huizenga reportedly wanted $150 mílJion for controlling ownership of the NHL fran- chise. "One of the greatest compliments ever paid me was that I set Wayne Huizenga up," Epstein says. "I don't believe it. But it still sounds nice." A more likely reason for the discounted price may have been the unusual ownership structure of the Panthers fran- chise, which at the time of the sale was a subsidiary of hotel com- pany Boca Resorts Inc., partia]]y owned by Huizenga. It was "not a great fit," admits Rick Rochon, former president of Huizenga Holdings, a private repository for many of the bilJionaire's per- sonal investments. Epstein also knew that Huizenga did not want to se]] the team to interests outside South Florida, giving his investor group some sentimental leverage. Natura]]y, the investors touted their strong ties to South Florida 54 SOUTH FLORIDA BUSINESS I APRtL 2002 none stronger than those of the curly-haired Kosar. a footbaH celebrity who wore Dolphin and Hurricane uniforms before mak- ing his home in Broward. Most of the purchase money came from Alan ECohen, the former chief executive officer of Davie-based gem~ric drug maker Andrx. He left the top job at Andrx last Octo- ber to become CEO of the Panthers franchise. Like a grateful quarterback patting his linemen on the back, Kosar credits much of his financial success to his inner circle of business partners and advisors, "Probably my best qualities are loyalty and trust - they may also be my worst qualities," he says. Nevertheless, he often judges business deals by the people who present them, choosing to get involved only in ventures backed by partners he believes in. HI don't want to be part of a business where I am the smartest one there," he says. Among the myriad businesses he invests in, "the only common" denominator is that someone's smarter than me." Kosar has always had a respect for intelligence, in business and elsewhere. Early on, education became a high priority. He remem- bers his father, who worked as a engineer, taking him to a Youngstown, Ohio, steel mill when he was about 12 years old, and telling him, "This is why you're going to do good in school- 1111 1I1II ¡ i so you don't end up working here." By the time Kosar got to the University of Miami, it was apparent that he not just an average jock. Former UM football coach Howard Schnellenberger quickly made Kosar his starting quarterback, "The reason why I selected Bernie was his men- tal capacity," says Schnellenberger, now the footbalJ coach at Florida Atlantic Uni- versity. "He has one of the most analytical minds I've ever been around." After graduating UM, Kosar went on to III I11111111I11 111I1II the National Football League as starting quarterback of the Cleveland Browns, which played its home games near the town where he was raised. But by the early 1990s, after a decade of 'almosts' at the Browns, his athletic career was cresting. Kosar was cut from the Browns during the falJ footbaJl season in 1993. It was an emotionally crushing experi- ence for Kosar, who as a kid growing up in northeast Ohio dreamed of playing for the Browns. Still, right after the team let him go, Kosar was hired as a back-up quarter- back by the DalJas Cowboys, which fin- ished the season by winning the Super Bowl. Even more remarkable, Kosar him- self negotiated the contract that set up his mid-season move to the Cowboys, rather than taking the more commonly used approach of hiring a professional sports agent to hammer out the terms of the deal. "Did I do it for the money? Not realJy," Kosar says of his self-negotiated contract with the Cowboys. "I did it to gain experi- ence and knowledge for the next negotia- tion. Did I leave money on the table? Maybe. Did I gain that experience and knowledge? I think so." Not that all of Kosar's ventures have been successful. For example, he folded a greeting card company in Cleveland, after realizing that "if I could design greeting cards, probably anybody could," But Kosar is used to getting up after getting knocked down, and did just -that after saying good- bye to greeting cards. Among the compa- nies he subsequently invested in was WiJd- card Systems, a Sunrise-based debit card business that went from $2.5 million in 1999 revenues to $25 miJIion last year. His attention is also drawn to smaller fry. For instance, Kosar is an investor in Power I Technologies, a consulting firm that advises companies on how to inject Internet technology into their marketing campaigns. The Plantation-based company expects 2002 ¡evenues of $3.3 miJIion. "I like little things that you can grow into big things," he says. Since wrapping up his NFL career with the Miami Dolphins, where he continued his understudy quarterback role (this time for Dan Marino) from 1994 to 1996, Kosar has kept a hand in some football-related enterprises, He runs a Cleveland Browns Web site and a charity golf tournament, and is chairman of the NFL Quarterback Club, a group that helps players recover some of the revenue generated from the use of their names and images on jerseys and trading cards sold in retail stores. Whether the enterprise is big or small, however, the same competitive fire that burned in Kosar on the footbalJ field con- tinues to fuel him as a businessman. "I was used to a team living and dying to win," he says, "If you don't strive to be the best, and you don't constantly talk about it, you won't be the best - no matter what it is you do." Vince Lombardi could not have said it better - nor could John D. Rockefeller. all III ÌIi~ Il1an.ager ~ints to n~~ for ~public ~at slips Þ>- WATERFRONT from lB ' . ,:lithe rooevelopment of Harbortown MIt-"'-' avaiJábleboat doèks.' . . rlna provides more1JUb1îc access to the wi-: . '. .' St tucie CountY cOmmissioners should do terfront and boat slips, that will be good news' .tJíis:weelt to try. to the same, the Harbor Advisory Committee to Treasure Còastboaters; .' .' ·recommended Thursday. Dean' Kubitshek, maÍÙlger of the ¥,art !D,Jlmß;dMllpbpost.com rep 800-unit, 364-acre' reekside" deve!opmerit between ·Okeechobee.cBoulevard' .and Ten wrecked· Mile Creek, west of Fort Pierce. ' manydocks.!ìnclud.in¡¡thoseattheFortPierce I I r ~, '1/ l Ã( \ "' ~ '- 'WI 5L Consulting Engineers · Land Surveyors 2980 South 25th Street . Ft. Pierce, FL 34981 (772) 464-3537 . Fax (772) 464-9497 www.ct-eng.com Sender's Email: bterpeningúìJct-cng.com Job 03-126 March 31, 2004 VIA: Hand Deliver Mr. Dennis Murphy, AICP Community Development Director St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: BJK, Inc. File No. PA03-008 Dear Mr. Murphy: On behalf of our client, BJK, Inc., please accept this letter as our request to withdrawal this application. We appreciate your consideration of this request. Sincerely, CULPEPPE~INC' Ja es P "Butch" Terpening, P.E. Pr sid t JPT:pw Enclosure cc: Paul Lewis John Bruhn, Esq. Doug Coward Frannie Hutchinson Cliff Barnes, Esq. Doug Anderson Bernie Kosar MÞR 3 I f,nn1 '---,...,~ P:\Proj.2003\03.126 Bernie Kosar 50·acre tract\corr\ltr\03126-murphy·2.doc '-' .""I Agenda Request Item Number: Meetina Date: --- ~L- April 6, 2004 REVISED Consent Regular Public Hearing Leg. [ ] [ ] [ ] [ X ] Quasi-JD [ X ] To: Submitted By: Board of County Comm issioners Community Development SUBJECT: Consider the application of BJK Inc. (continued from March 16,2004), for a 2 540- foot Extension of the Existing Urban Service Area Boundary Line to incorporate 148 acres located on the south side of Okeechobee Road (SR 70), approximately 1 mile west of the Florida Turnpike. BACKGROUND: The petitioner BJK Inc. has previously requested that an amendment be made to the County's Comprehensive Plan that would result in the relocation of the current urban service boundary line 2,540 west of its current location on a parcel of land along the south side of Okeechobee road, west of 1-95. On March 31, 2004, the attached letter of withdrawal of this application as received. With this withdrawal, the Board of County Commissioners is required to take no action on this item. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the February 19, 2004, public hearing on this matter, the St. Lucie County Local Planning Agency, by a vote of 8 to 0, recommended approval of the requested extension of the Urban Service Boundary Line. On March 16, 2004, the Commission continued the hearing on this matter until April 6, 2004, at the request of the petitioner. RECOMMENDATION: No action required. COMMISSION ACTION: CONCURRENCE: C:=J APPROVED D DENIED C:=J OTHER Douglas M. Anderson County Administrator Coordination/ Signatures t..e'óunty Attorney Finance: Environ. Resources; Mgt. & Budget: Fire Dept: Utility: Purchasing: Public Works: Other: '-' 'ttttttII c: o +-' cu ~ o üo.. c: 0 o ~cu co:-o ~ o LL c< IL'" Z '..CX) 00 00 I I cryCf) 00 c<c< (La... ~ ~ I I ~~l i ¡ .¡ ~ II ~ ' ~ \ C , e _ _/-'r" ·-t . ,( .. w ~ II: ~ Z ::> 0 Ü a: w > ä: w :II II: Z « ë5 ~ ~ ::> o ü 'I !!I ;! .. ! I I GIiI C +-'0 , U·- ..... Q)+-' .~~ eo D-.....J 0iIGII jj,"'- I ... IIIU....~ z w ¡::: :II ~ II: ~ ÍlllÍIIII.... ... II'Z-' .......J r w w ... I f1I!!. ... .., .., II: ~.". II: s þ[ 1 s St 1 s " 1 , " AlNnO~ 3380H~33)O \,~~ )~ ~ ~~ ¿ '-' (I~ . ~I~ . :",. 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'õ en .!; ã) _]I( c ~ UfJ ..... co ,êc.. t--- co - o c..~ 9 .!Q:C .c::J ¡-en ~~ '-' ...,¡ AGENDA ITEM 11: BJK. INC. - FILE NO. PA-03-008: Ms. Diana Waite, presenting Staff comments stated that Agenda Item # 11 was the application of BJK, Inc. for a 2,540-foot extension of the Urban Service Area (USA) boundary line to incorporate 148 acres into the USA boundary. The applicant has stated that the purpose of the extension is not to increase the density within the subject area but to hook up to central water and sewer lines in compliance with the comprehensive plan policies that require lands connected to public utilities to be within the USA. The water and sewer lines are currently being extended to the east of the subject lands to provide service to the Seminole Tribe of Florida's residential development, just east of the amendment site. Ms. Waite stated that the proposed amendment is part of a larger tract 366-acre tract, a portion of which is the subject of P A-03-007 requesting a change in RS (Residential Suburban) Future Land Use designation to RU (Residential Urban) for 49.6 acres of the project. The remaining 218 acres of the project are within the USA. The requested extension of the USA is requested to place the entire project site within the urban service area. She continued that although, the applicant is not requesting a Future Land Use classification change, extension of the urban service boundary line will provide an opportunity to request a change in future land use classification to higher densities. The proposed extension of the urban service area boundary provides a logical extension of the urbanized area. The subject lands are located within a 1 mile of the Florida Turnpike mixed land use area and in an area where central water and sewer services are being extended. The existing USA boundary line is adjacent to the amendment sites eastern property line. Based upon the information provided, staff has found the proposed land use change to be consistent with the Goals, Objectives and Policies as set forth in the County's Comprehensive Plan. Staff also finds the proposed amendment is consistent with and furthers the State Comprehensive Plan and the Regional Policy Plan. The proposed Future Land Use Classification change would slightly increase residential densities in the urban area and thereby further goals to provide for a compact urban form and reduce vehicular trips through the use of multi-modal transportation facilities. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of approval and that the petition be transmitted to the Florida Department of Community Affairs for further review. Mr. Butch Terpening, Culpepper and Terpening, stated that had the County's Urban Service Boundary followed the ownership lines in 1989 it most likely would have been drawn to the line they are requesting. He continued that unfortunately the Urban Service Boundary separated a property that was under one owner. He advised that currently the property, if developed, would have a portion of the property with well and septic, and the other with central water and sewer. He stated that they preferred to develop the area with water and sewer to be consistent throughout the property. P&Z I LPA Regular Meeting February 19, 2004 Page 32 of 34 '-" .""fiJ Chairman McCurdy opened the Public Hearing. Mr. Paul Gagnon, 9864 Okeechobee Road, stated that he has lived there since 1946 and doesn't understand why he cannot be served by water and sewer when the lines run right in front of his property. He questioned why they could not just run the line along the canal so they could be included, avoiding having an enclave. Mr. Kelly stated that this applicant has only requested their property and we could not add his property to this request. He continued that the County is doing a review of the entire area with regards to the Urban Service Boundary lines. Seeing no one else, Chairman McCurdy closed the Public Hearing. Mr. Hearn questioned what law or rule prevents someone from tapping into the lines that run right through their property. Mr. Kelly stated that he believed that it is specified in the Comprehensive Plan that anyone outside of the Urban Service Boundary was not able to access water and sewer lines. Ms. Hammer questioned if the applicant could come back at a later date and request a future land use change on this portion of the property if they approve this extension request. Ms. Young confirmed that was correct. Mr. Merritt stated that after considering the testimony presented during the public hearing, including Staff comments, I hereby move that the Local Planning Agency of S1. Lucie County recommend that the St. Lucie County Board of County Commissioners grant approval to the application of BJK, Inc. for an extension of the Urban Service Area Boundary Line and transmit the petition to the Florida Department of Community Affairs for review because it would facilitate sewer and water to this project. Motion seconded by Mr. Lounds. Upon a roll call vote the motion was unanimously approved (with a vote of 8-0) and forwarded to the Board of County Commissioners for approval. 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UO!ìC3~i(!tJt: )1:J!¡:> puc lead JO! )PIH! :);)S "n"1rn:;¡¡Vì iJ'1nOd OM '_j_~«:JiU;"¡~1I1~ í~,,';~ " ..~ ~ u ~ ~ .!!! . :¡¡ .E i!¡ ~ "2: ~ J¡ ~ ! ! t 5 i <ñ ~.~ E j~~ ~~ ~ ~~] ~~tâ l~.~ <II * tit :ß§i~ ~~3:å ~~ 56 :;;~ o~ ~ ~ .¡~ gf5;T. tj"...·c \.~H~ ~~ G)~ "''0 :S'-' ~goc ~ E 1 ~ 2 v¡ ~ ~ fn ëã c en ~~ II> ~ re ~ ~ o co w '" ~ '" <J: ~ ~ ¡/ f'l(f~v GØ . d lI:I10l MEMORANDUM TO: CITY COUNCIL . FROM: DONALD B. COOPER, CITY MANAG'E~{~' DATE: MARCH 17, 2004 SUBJECT: BJK DEVELOPMENT, ST. LUCIE COUNTY AND MODIFICATION TO URBAN SERVICE BOUNDARIES TO ACCOMMODATE THE BJK DEVELOPMENT This development is located along SR 70 (Okeechobee Road), approximately one half mile west of the Florida Turnpike. This matter is brought to you as a matter of interest given the comments that are made concerning this development and the moving of the urban service boundary in light of the comments made by St. Lucie County concerning the City of Port Sr.. Lucie's annexations and develQpments west of 1-95. It is indeed curious that the arguments that were made against the city, which would easily apply to this particular development, are not being made and a variety of issues that the city was asked to address by the Treasure Coast Regional Planning Council and by St. Lucie County are not being addressed in this particular proposal. I guess it depends on who you are as to whether or not some of these issues, such as urban sprawl, utilities service being available, transportation improvements, urban service boundaries and impacts on neighboring developments, are of concern. I forward this to the Council to determine whether or not the Council wishes city staff to make any comments to DCA concerning these proposed amendments. and as a matter of information. Staff will proceed in whatever direction the City Council wishes uS to do so concerning this particular development and the impact It mayor may not have on the City of Port St. Lucie. DBC:eg Attach. lv:QT ~~-Rl-MHW .~ y ~ ...., SF ~ 6Q .,-- - Consulting Engineers · Land Surveyors 2980 South 25th Street . Ft. Pierce, FL 34981 (772) 464-3537 . Fax (772) 464-9497 www.ct-eng.com Sender's Email: bblazak@ct-eng.com March 15, 2004 Job 03-126 VIA: HAND DELIVER Mr. Dennis Murphy, AICP Director Community Development St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: BOCC Meeti..g March 16,2004 BJK, Inc. Agenda Items Dear Dennis: Consistent with other items that were scheduled to be heard by the Board, we request that Item Nos. SF and 5G be tabled until such time that all Commissioners are present to hear the items. Thank you for your assistance, and should you have any questions, please feel rree to contact our office. Sincerely, CULPEPPER & TERPENING, INC. William Blaz k Senior Project Manager WB:pw cc: Bernie Kosar, Sr. Bernie Kosar, Jr. Raul Puig P:\Proj-2003\03,126 Bernie Kosar 50-acre tractlcorr\Jtr\03126-murphy-l.doc ~ ...,.¡ Agenda Request Item Number: Meetina Date: ,- 6 E'; March 16, 2004 Consent Regular Public Hearing Leg. [ ] [ ] [ ] [ ] Quasi-JD [X To: Submitted By: Board of County Commissioners -"" . ~\ ~Aesßnt \ ) Y V. D elopme t Director Consider application of BJK Inc., for a 2,5~t Extensio of the Urban Service Area Boundary Line to incorporate 148 acres locate on the south side of Okeechobee Road (SR 70), approximately 1 mile west f the Florida Turnpike. Community Development SUBJECT: BACKGROUND: The amendment site is part of a larger 366-acre tract, a portion of which is the subject of PA-03-007 requesting a change in Future Land Use classification from RS (Residential Suburban) to RU (Residential Urban) for 48.72 acres. The entire 366-acre project is proposed to include approximately 800 dwelling units, consisting of single-family and multi-family homes, limited commercial and recreational uses. The remaining 218 acres of the project are within the Urban Service Area. The requested extension of the Urban Service Area boundary line is requested to place the entire project site within the urban service area. FUNDS AVAILABLE: PREVIOUS ACTION: N/A RECOMMENDATION: At the February 19, 2004, public hearing on this matter, the St. Lucie County Local Planning Agency, by a vote of 8 to 0, recommended approval of the requested extension of the Urban Service Boundary Line. Approve transmittal of the BJK Inc. petition for extension of the Urban Service Area Boundary Line to the Florida Department of Community Affairs for review under Chapter 163, Florida Statues. COMMISSION ACTION: CJ APPROVED CJ OTHER CONCURRENCE: D DENIED Douglas M. Anderson County Administrator Coordination/ Signatures ~:unty Attorney ~. ';fr// / Finance.: ~ L/'Ênviron. Resources; V"~ Mgt. & Budget: Fire Dept: Utility: Purchasing: Public Works: Other: '-" .'-tI Board of County Commission: 03/16/04 File Number PA-03-008 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of County Commissioners FROM: Community Development Director DATE: March 10, 2004 SUBJECT: Application of BJK Inc., for a 2,540 foot Extension of the Urban Service Area Boundary Line LOCATION: South Side of Okeechobee Road (SR 70), approximately 1 mile west of the Florida Turnpike. CURRENT FUTURE LAND USE DESIGNATION: RS (Residential Suburban - 2 du/ac) PROPOSED FUTURE LAND USE DESIGNATION: RS (Residential Suburban - 2 du/ac) EXISTING ZONING: AG-1 (Agricultural - 1 du/ac) PUD (Planned Unit Development) PROPOSED ZONING: PARCEL SIZE: PROPOSED USE: SURROUNDING ZONING DESIGNATIONS: 148 acres Residential AG-1 (Agricultural - 1 du/ac) to the east and west. RC (Residential Conservation) to the south, and AG-2.5 (Agricultural - 1 du/2.5ac) to the north, across State Route 70. SURROUNDING LAND USE DESIGNATIONS: RS (Residential Suburban - 2 du/ac) to the north, east, and west. RC (Residential Conservation) to the south. SURROUNDING EXISTING LAND USES: Vacant lands surround the parcel. Ten Mile Creek is located to the south. '-' ..., March 10, 2004 Page 2 Petition: BJK, Inc. File Number: PA-03-008 UTILITY SERVICE: The subject property is within the service area identified within the St. Lucie County Water and Wastewater Master Plan. Water and Sewer lines are located along Okeechobee Road (SR 70). TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for Okeechobee Road is 200 feet in width. SCHEDULED IMPROVEMENTS: Construction on a recreational path along SR 70 will begin within the next 12- 16 months. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. COMMENTS The petitioner, BJK Inc., is requesting 2,540-foot extension of the Urban Service Area (USA) boundary line to incorporate 148 acres into the Urban Service Area (USA) boundary. The proposed extension is 1,040 feet beyond the 1,500-foot urban service area extension that can be approved without an amendment to the comprehensive plan. The applicant has stated that the purpose of the extension is not to increase the density within the subject area but to hook up to central water and sewer lines in compliance with the comprehensive plan policies that require lands connected to public utilities to be within the USA. Although the site's RS Future Land Use is not required to be served with central utilities, when they are available connections are required. Water and sewer lines are currently being extended to the west of the subject lands to provide service to the Seminole Tribe of Florida's residential development. The proposed amendment is part of a larger tract 366-acre tract, a portion of which is the subject of PA-03-007 requesting a change in RS (Residential Suburban) Future Land Use designation to RU (Residential Urban) for 48.72 acres of the project. The entire 366-acre project is proposed to include approximately 800 dwelling units, consisting of single-family and multi-family homes, limited commercial and recreational uses. The remaining 218 acres of the project are within the USA. The requested extension of the USA is requested to place the entire project site within the urban service area. On February 19, 2004, the proposed amendment was presented before the St. Lucie County Local Planning Agency (LPA). Following a public hearing on this petition and hearing no opposition and one member of the public speaking in support of the proposed amendment, the LPA voted unanimously (8 to 0) to forward the proposed amendment to the Board of County Commissioners with a recommendation of approval. The proposed future land use amendment is a preliminary development order and does not imply that any specific development scenario can occur on the property. No right to obtain a final development order, or any other rights to develop the subject property have been granted or implied by the County if the requested comprehensive plan '-' ·WtI March 10, 2004 Page 3 Petition: BJK, Inc. File Number: PA-03-008 amendment is approved. Prior to the issuance of any final development order, the developer must demonstrate that all public facilities are available to service the parcel and obtain a Certificate of Capacity. Any proposed amendment to the St. Lucie County Comprehensive Plan may be reviewed by several state and regional agencies. The Department of Community Affairs is charged with determining whether amendments are consistent with and further the St. Lucie County Comprehensive Plan, the State Comprehensive Plan, the Strategic Regional Policy Plan and Rule J-5, Florida Administrative Code. The following sections address the proposed amendment's consistency with each of these plans respectively. CONSISTENCY WITH THE ST. LUCIE COUNTY COMPREHENSIVE PLAN In reviewing this application for a proposed amendment to the St. Lucie County Future Land Use Map, staff finds that the following Goals, Objectives, and Policies of the County Comprehensive Plan are the primary components applicable to this petition. FUTURE LAND USE ELEMENT The proposed extension of the urban service area boundary provides a logical extension of the urbanized area. The subject lands are located within a 1 mile of the Florida Turnpike mixed land use area and in an area where central water and sewer services are being extended. The existing USA boundary line is adjacent to the amendment sites eastern property line. Approval of this amendment will extend the USA 2,540 feet to the west boundary line of the subject site. This will not extend the USA of any other parcel in the County. Objective 1.1.5: In coordination with the other elements of this plan, future development within the Planned Urban Service Area shall be directed to areas where urban and community services/facilities can be provided in the most efficient and compact manner so as to discourage the proliferation of urban sprawl. The proposed amendment discourages sprawl, pursuant to this Objective, and Section 9J-5.006(b)(7), FAC. Urban sprawl is discouraged by the proposed amendment's location adjacent to the existing urban service boundary line and its close proximity to urban facilities and employment centers. The proposal would allow for the development to connect to central water and sewer services that are being extended to serve the Seminole Tribal Communities Hawks Nest project just west of the subject site. Representatives of the petitioner have indicated that sufficient water and wastewater capacity is currently available from St. Lucie County. Prior to the issuance of any Final Development Order, a Certificate of Capacity indicating that all adequate infrastructure services are available is required. Central water and sanitary sewer facilities required for any future development proposal along with stormwater management, roadway, and other public facilities are the responsibility of the developers and not the local government. St. Lucie County is extending a water and sewer line along Okeechobee Road to service the Seminole Tribal Communities Hawks Nest project west of the amendment site. Okeechobee Road borders the amendment site on the north, thereby providing easy access to major arterials and emergency evacuation routes. March 10, 2004 Page 4 '-' wrtI Petition: BJK, Inc. File Number: PA-03-008 Goal 1.2: Recognize that land use and transportation must be considered concurrently in all planning, and to the extent feasible, modify current land use patterns to decrease dependence on the automobile in order to minimize the need for future roadway expansion and promote the use of alternate modes of transportation. The applicant is not requesting a Future Land Use classification change, however extension of the urban service boundary line will provide an opportunity to request a change in future land use classification to higher densities. The proposed amendment site's close proximity to retail, employment, and recreation centers provides an opportunity to decrease automobile trips and furthers the County's directives to promote the use of alternative modes of transportation. Objective 1.1.5.8: The Planned Urban Service Area is not intended to be a static line of development. This area may be extended or contract only for a residential classification up to 1,500 feet from that which is indicated on Figure 1-9 without necessitation an amendment to the Comprehensive Plan where the urban service area lies contiguous to a residential classification, the owner of contiguous property can ensure the provision of appropriate infrastructure and services, and the resulting change does not detrimentally impact the established character of the area. St. Lucie County shall be responsible for maintaining an updated map indicating the location of the approved Planned Urban Service boundary and once every two years include as part of its Comprehensive Plan amendment process, the latest Urban Service Area Map. The amendment requests a 2,540 foot extension of the urban services area boundary line which is 1,040 feet beyond the above policy that allows a 1 ,500-foot extension of the Urban Service Areas for residential classifications without an amendment to the comprehensive plan. The amendment site is part of a larger 366-acre project, the remainder of which is within the Urban Service Area. The amendment site is adjacent to the designated Urban Service Area boundary, and public facilities and services are currently being extended to serve lands located west of the amendment site. In general the proposed amendment is consistent with sound planning principles and the County's goals, objectives, and policies for the following reasons: · It provides for the logical extension of the USA to provide urban services; · It is within an area where water and wastewater services are currently being extended; · Provides access to a major roadway, State Route 70, which provides sufficient capacity. TRAFFIC CIRCULATION ELEMENT "-' 'wi March 1 0, 2004 Page 5 Petition: BJK, Inc. File Number: PA-03-008 Extension of the urban service boundary will not increase the densities on the subject lands. The applicant submitted a Traffic Impact Statement based upon a "worst-case" traffic generation rate for the proposed 366-acre site development demonstrating that the entire project can take place without reducing the level of service on County roadways. HOUSING ELEMENT The proposed amendment has been determined not to conflict with this element. INFRASTRUCTURE ELEMENT The proposed amendment has been determined not to conflict with this element. Representatives have indicated that sufficient capacity is currently available from St. Lucie through an agreement to provide water and wastewater from the Port St. Lucie system. Prior to the issuance of any Final Development Order, a Certificate of Capacity indicating that all adequate infrastructure services are available is required. Central water and sanitary sewer facilities required for any future development proposal along with stormwater management, roadway, and other public facilities are the responsibility of the developers and not the local government. Sanitary Sewer Sub-Element The proposed amendment has been determined not to conflict with this element. The applicant has reported that St. Lucie Utilities will provide both potable water and sanitary sewer service to the site. An 8" sewer line is located on the south side of SR 70 and an. These water and sewer services are currently being extended to service the Seminole Tribal Communities Hawks Nest project just west of the subject site. Prior to any Final Development Order approvals, the applicant would need to demonstrate that sufficient capacity is available to service the project. Solid Waste Sub-Element The proposed amendment is not in conflict with this element. The County's Solid Waste facility currently has a 37-year capacity based upon current usage and would have sufficient capacity to service the maximum density of the proposed Future Land Use amendment site and not reduce the Level of Service (LOS) standards for the County's solid waste facility as set forth by Policy 68.1.1.1. Drainage and Aquifer Recharge Sub-Element The proposed amendment does not conflict with this sub-element. Objective 6C.1.3. The County shall enforce existing land Development Regulations, which support the protection and maintenance of the natural functions (flow and storage) of the 100-year floodplain and other natural drainage features. ~ 'wi March 10,2004 Page 6 Petition: BJK, Inc. File Number: PA-03-008 The amendment site consists of land recently cleared of a citrus grove that historically operated on the site. The majority of the site is within the 100-year floodplain of Ten Mile Creek but the functions and features of the natural drainage system have been altered. Any future development of the site will require any remaining natural drainage features to be maintained and a stormwater management area to be provided that is consistent with the County's Comprehensive Plan and in accordance with the development standards set forth in the County's land development code and the South Florida Water Management District. Any future development proposals will also require the demonstration of compliance with the County's Shoreline Protection and Flood Damage Prevention Standards, which are intended to control the alteration of natural floodplains and natural protective barriers. Potable Water Sub-Element The proposed amendment has been determined not to conflict with this element. The applicant has reported that St. Lucie Utilities will provide both potable water and sanitary sewer service to the site. A 12" water main will be located on the north side of SR 70. The services are currently being extended to service the Seminole Tribal Communities Hawks Nest project just west of the subject site. Prior to any Final Development Order approvals, the applicant would need to demonstrate that sufficient capacity is available to service the project. COASTAL MANAGEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. The amendment site is located along the northern shoreline of Ten Mile Creek, a natural tributary of the North Fork of the St. Lucie River. The amendment lands are adjacent to Ten Mile Creek that has been targeted by local, state and federal agencies for preservation, restoration and enhancement to improve the quality of water in Ten Mile Creek and downstream water bodies. Objective 7.1.1: Future Development in the Coastal Area. St. Lucie County shall continue to protect the natural resources of the coastal area from adverse impacts caused by future development through the implementation and strengthening of existing environmentally related laws and the assignment of appropriate Future Land Use designations. The proposed urban service area boundary extension is not expected to increase the threat of adverse impacts to Ten Mile Creek and downstream waterways. CONSERVATION ELEMENT The proposed amendment is consistent with the goals, objectives and policies found within the conservation element. Goal 8.1: The natural resources of St. Lucie County shall be protected, appropriately used, or conserved in a manner which maximizes their function, and values. ~ "wi March 10, 2004 Page 7 Petition: BJK, Inc, File Number: PA-03-008 The proposed amendment site is located along the shoreline of Ten Mile Creek, the largest natural tributary to the North Fork of the St. Lucie River. Maintaining a natural buffer between any future development areas and the adjacent waterway will assist to filter and cleanse runoff from the future developed site prior to their reaching Ten Mile Creek and downstream waters. Policy 8.1.3.1: The County's land development regulations shall include the use of programs to protect or maintain floodplain, such as reduced parking, conservation easements, cluster site plan and micrositing of buildings. The County shall continue to strictly enforce regulations that direct development away from the floodplains and provide upland buffers along the floodplain. The site's close proximity to major educational, retail, employment sectors and existing utilities make it a logical area to extend the urban service area boundary line that promotes urban development. Although, the proposed amendment does not include a change in the site's future land use classification, consideration must be given to the ability to modify the existing classification to a more intense classification if the urban service boundary line is extended. The amendment site's location on Okeechobee Road and its proximity to urban services, including employment centers and transportation centers would provide for a logical area for urban densities, if requested at a later date. The only caveat is that an increase in future densities may increase development pressures along Ten Mile Creek. To protect the Creek from potential impacts the buffer lands along the Creek are designated RlC (Residential Conservation). This conservation designation in conjunction with the County's shoreline protection policies is expected to protect the remaining natural areas along Ten Mile Creek. RECREATION AND OPEN SPACE The proposed amendment has been determined not to conflict with this element. INTERGOVERNMENTAL COORDINATION ELEMENT The proposed amendment has been determined not to conflict with this element. CAPITAL IMPROVEMENT ELEMENT The proposed amendment has been determined not to conflict with this element.· Policy 11.1.4: No right to obtain final development order, nor any other rights to develop (B)(3)(b) the subject property have been granted or implied by the County's approval of the preliminary development order without determining the capacity of public facilities. Approval of the requested extension of the Urban Service Area Boundary Line is a preliminary development order and as such does not reserve public facility capacity for future development of the property. Prior to the issuance of any Final Development Order a Certificate of Capacity must be obtained to ensure adequate facilities and capacities are available concurrent with development. Sufficient capacity is expected to be available to service the proposed amendment site. ~ ...,.¡ March 10, 2004 Page 8 Petition: BJK, Inc. File Number: PA-03-008 CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN WATER RESOURCES. 187.201 (7)(a) Goal: Florida shall assure the availability of an adequate supply of water for all competing uses deemed reasonable and beneficial and shall maintain the functions of natural systems and the overall present level of surface and ground water quality. Florida shall improve and restore the quality of waters not presently meeting water quality standards. The proposed amendment is not expected to reduce the quantity or quality of the area's water resources. Future development of the site must comply with the County's shoreline protection standards that prohibit development activities or shoreline alteration along the Ten Mile Creek shoreline, including the alteration of native vegetation and habitat, unless such alterations are associated with access points to the waterway. NATURAL SYSTEMS AND RECREATIONAL LANDS.187.201 (9)(a) Goal: Florida shall protect and acquire unique natural habitats and ecological systems, such as wetlands, tropical hardwood hammocks, palm hammocks, and virgin longleaf pine forests, and restore degraded natural systems to a functional condition. Public lands purchased for the preservation and restoration of Ten Mile Creek and downstream waterways border a portion of the subject site. Lands adjacent to the amendment site contains wetlands, hammock and a system that was degraded by past drainage activities. The majority of the amendment site contains lands within the Ten Mile Creek floodplain that have been drained and cleared to allow for past agricultural activities. Prior to development of the site, all natural features, including any natural drainage features will be identified and any remaining on the amendment lands will be required to be maintained as part of the project. LAND USE. 187.201(16)(a) Goal: In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. The proposed extension of the urban service area boundary line is not expected to adversely affect the quality of life in the immediately surrounding area. The proposed amendment site is within an area that has existing or proposed public facilities sufficient to support residential development. The amendment site is bordered on the north by an intrastate highway (SR 70) that will provide easy access to interior streets and provides direct access to an emergency evacuation route (SR 70) that connects to the Florida Turnpike and 1-95. PUBLIC FACILITIES 187.201 (18)(a) FS: Florida shall protect the substantial investments in public facilities that already exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient manner. The amendment would maximize the efficient use of the existing and proposed public facilities in furtherance of this state goal. ¥ "wi March 10, 2004 Page 9 Petition: BJK, Inc. File Number: PA-03-008 TRANSPORTATION. 187.201(20)FS: directs future transportation improvements to aid in the management of growth and promotes an intermodal transportation system. The proposed amendment is consistent with and furthers this goal. The proposed amendment lands are located adjacent to a State Highway and emergency evacuation route. The proposed urban service area boundary line extension will not increase densities. CONSISTENCY WITH THE REGIONAL COMPREHENSIVE POLICY PLAN The following are the primary regional goals and polices that apply to this petition: Strategy 1.1.2: Promote compatibility of urban areas, regional facilities, natural preserves and other open spaces. The proposed amendment furthers this goal. The proposed extension of the urban service boundary line provides the potential for a future increase in densities on the subject lands. Public facilities are being extended along the north side of the amendment site and the proposed amendment provides for the efficient use of regional facilities. Policy 8.1.1.1: All development should take place concurrent with or after the provision of necessary infrastructure and services. The proposed amendment site is located in an area where the necessary water, wastewater are currently being extended and roadway capacity is currently available. CONCLUSION Based upon the information provided, staff has found the proposed land use change to be consistent with the Goals, Objectives and Policies as set forth in the County's Comprehensive Plan. Staff also finds the proposed amendment is consistent with and furthers the State Comprehensive Plan and the Regional Policy Plan. The proposed extension of the Urban Service Area Boundary line would allow the applicant to hook up to central water and sewer lines in compliance with the comprehensive plan policies that require lands connected to public utilities to be within the USA. Staff recommends the Commission authorize transmittal of the BJK, Inc. petition for the extension of the Urban Service Area Boundary line to the Florida Department of Community Affairs for review under Chapter 163, Florida Statutes. 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Q. . i I'f ::=; ,I ,f II ~ """ ~ BOARD OF COUNTY COMMISSIONERS ~=r.~eJt:IE --'. ~~ COUNTY ')~ F LOR I D A .,,:.., , Q.l COMMUNITY DEVELOPMENT DIRECTOR March 2, 2004 In accordance with the St. Lucie County Land Development Code, you are hereby advised that B]K INC., has petitioned St. Lucie County for an extension of the Urban Service Boundary Line for the following described property: Location: South side of Okeechobee Road (SR-70), 1/2 mile west of Gordy Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on March 16, 2004, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fol1 Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-1577 if you have any questions, and refer to: File Number PA-03-008. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS -r~L~~/4~ Paula Lewis, Chair JOHN D. ßRUHN, District NO.1. DOUG COWARD, Disttict NO.2· PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON, District NO.4. CLIFF ßARNES, District NO.5 County Administrator - Douglas M. Anderson 2JOO Virginia Avenue · Fort Pierce, FL J4982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 · GISfTechnical SeNices: (772) 462-155J Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourist/Convention: (772) 462-1529 · Fax: (772) 462-21 J2 www.co.st-Iucie.fl.us ~ ...." UNOFFICIAL- SUBJECT TO PLANNING & ZO_ COMMISSION APPROVAL AGENDA ITEM 11: BJK. INC. - FILE NO. PA-03-008: Ms. Diana Waite, presenting Staff comments stated that Agenda Item # 11 was the application of BJK, Inc. for a 2,540-foot extension of the Urban Service Area (USA) boundary line to incorporate 148 acres into the USA boundary. The applicant has stated that the purpose of the extension is not to increase the density within the subject area but to hook up to central water and sewer lines in compliance with the comprehensive plan policies that require lands connected to public utilities to be within the USA. The water and sewer lines are currently being extended to the east of the subject lands to provide service to the Seminole Tribe of Florida's residential development, just east of the amendment site. Ms. Waite stated that the proposed amendment is part of a larger tract 366-acre tract, a portion of which is the subject of P A-03-007 requesting a change in RS (Residential Suburban) Future Land Use designation to RU (Residential Urban) for 49.6 acres of the project. The remaining 218 acres of the project are within the USA. The requested extension of the USA is requested to place the entire project site within the urban service area. She continued that although, the applicant is not requesting a Future Land Use classification change, extension of the urban service boundary line will provide an opportunity to request a change in future land use classification to higher densities. The proposed extension of the urban service area boundary provides a logical extension of the urbanized area. The subject lands are located within a 1 mile of the Florida Turnpike mixed land use area and in an area where central water and sewer services are being extended. The existing USA boundary line is adjacent to the amendment sites eastern property line. Based upon the information provided, staff has found the proposed land use change to be consistent with the Goals, Objectives and Policies as set forth in the County's Comprehensive Plan. Staff also finds the proposed amendment is consistent with and furthers the State Comprehensive Plan and the Regional Policy Plan. The proposed Future Land Use Classification change would slightly increase residential densities in the urban area and thereby further goals to provide for a compact urban form and reduce vehicular trips through the use of multi-modal transportation facilities. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of approval and that the petition be transmitted to the Florida Department of Community Affairs for further review. Mr. Butch Terpening, Culpepper and Terpening, stated that had the County's Urban Service Boundary followed the ownership lines in 1989 it most likely would have been drawn to the line they are requesting. He continued that unfortunately the Urban Service Boundary separated a property that was under one owner. He advised that currently the property, if developed, would have a portion of the property with well and septic, and the other with central water and sewer. He stated that they preferred to develop the area with water and sewer to be consistent throughout the property. P&Z I LPA Regular Meeting February 19, 2004 Page 32 of 34 ~ '-" UNOFFICIAL- SUBJECT TO PLANNING & ZON1N8 COMMISSION APPROVAL Chairman McCurdy opened the Public Hearing. Mr. Paul Gagnon, 9864 Okeechobee Road, stated that he has lived there since 1946 and doesn't understand why he cannot be served by water and sewer when the lines run right in front of his property. He questioned why they could not just run the line along the canal so they could be included, avoiding having an enclave. Mr. Kelly stated that this applicant has only requested their property and we could not add his property to this request. He continued that the County is doing a review of the entire area with regards to the Urban Service Boundary lines. Seeing no one else, Chairman McCurdy closed the Public Hearing. Mr. Hearn questioned what law or rule prevents someone from tapping into the lines that run right through their property. Mr. Kelly stated that he believed that it is specified in the Comprehensive Plan that anyone outside of the Urban Service Boundary was not able to access water and sewer lines. Ms. Hammer questioned if the applicant could come back at a later date and request a future land use change on this portion of the property if they approve this extension request. Ms. Young con finned that was correct. Mr. Merritt stated that after considering the testimony presented during the public hearing, including Staff comments, I hereby move that the Local Planning Agency of St. Lucie County recommend that the St. Lucie County Board of County Commissioners grant approval to the application of BJK, Inc. for an extension of the Urban Service Area Boundary Line and transmit the petition to the Florida Department of Community Affairs for review because it would facilitate sewer and water to this project. Motion seconded by Mr. Lounds. Upon a roll call vote the motion was unanimously approved (with a vote of 8-0) and forwarded to the Board of County Commissioners for approval. P&Z I LPA Regular Meeting February 19, 2004 Page 33 of 34 Local Planning Agency Planning Manager ~ February 11, 2004 'w' TO: FROM: DATE: SUBJECT: ....., Local Planning Agency Review: 02/19/04 File Number PA-03-008 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Application of BJK Inc., for a 2,540 foot Extension of the Urban Service Area Boundary Line LOCATION: CURRENT FUTURE LAND USE DESIGNATION: PROPOSED FUTURE LAND USE DESIGNATION: EXISTING ZONING: PROPOSED ZONING: PARCEL SIZE: PROPOSED USE: SURROUNDING ZONING DESIGNATIONS: SURROUNDING LAND USE DESIGNATIONS: SURROUNDING EXISTING LAND USES: South Side of Okeechobee Road (SR 70), approximately 1 mile west of the Florida Turnpike. RS (Residential Suburban - 2 du/ac) RS (Residential Urban - 5 du/ac) AG-1 (Agricultural Residential - 1 du/ac) PUD (Planned Unit Development) 148 acres Residential AG-1 (Agricultural - 1 du/ac) to the east and west. RC (Residential Conservation) to the south, and AG-2.5 (Agricultural - 1 du/2.5ac) to the north, across State Route 70. RS (Residential Suburban - 2 du/ac) to the north, east, and west. RC (Residential Conservation) to the south. Vacant lands surround the parcel. Ten Mile Creek is located to the south. ~ "'" January 11, 2004 Page 2 Petition: BJK, Inc. File Number: PA-03-008 UTILITY SERVICE: The subject property is within the service area identified within the Fort Pierce Utility Authority (FPUA) District Master Plan. Water and Sewer lines are located along Okeechobee Road (SR 70). TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for Okeechobee Road is 200 feet in width. SCHEDULED IMPROVEMENTS: Construction on a recreational path along SR 70 will begin within the next 12- 16 months. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. COMMENTS The petitioner, BJK Inc., is requesting 2,540-foot extension of the Urban Service Area (USA) boundary line to incorporate 148 acres into the USA boundary. The applicant has stated that the purpose of the extension is not to increase the density within the subject area but to hook up to central water and sewer lines in compliance with the comprehensive plan policies that require lands connected to public utilities to be within the USA. Although the site's RS Future Land Use is not required to be served with central utilizes, when they are available connections are required. The water and sewer lines are currently being extended to the east of the subject lands to provide service to the Seminole Tribe of Florida's residential development, just east of the amendment site. The proposed amendment is part of a larger tract 366-acre tract, a portion of which is the subject of PA-03-007 requesting a change in RS (Residential Suburban) Future Land Use designation to RU (Residential Urban) for 49.6 acres of the project. The entire 366- acre project is proposed to include approximately 800 dwelling units, consisting of single-family and multi-family homes, limited commercial and recreational uses. The remaining 218 acres of the project are within the USA. The requested extension of the USA is requested to place the entire project site within the urban service area. The proposed future land use amendment is a preliminary development order and does not imply that any specific development scenario can occur on the property but allows the developer to seek development of the property for multi-family uses. No right to obtain a final development order, or any other rights to develop the subject property have been granted or implied by the County if the requested comprehensive plan amendment is approved. Prior to the issuance of any final development order, the developer must demonstrate that all public facilities are available to service the parcel and obtain a Certificate of Capacity. Any proposed amendment to the St. Lucie County Comprehensive Plan may be reviewed by several state and regional agencies. The Department of Community Affairs is charged with determining whether amendments are consistent with and further the St. ~ ~ January 11, 2004 Page 3 Petition: BJK, Inc. File Number: PA-03-008 Lucie County Comprehensive Plan, the State Comprehensive Plan, the Strategic Regional Policy Plan and Rule J-5, Florida Administrative Code. The following sections address the proposed amendment's consistency with each of these plans respectively. CONSISTENCY WITH THE ST. LUCIE COUNTY COMPREHENSIVE PLAN In reviewing this application for a proposed amendment to the St. Lucie County Future Land Use Map, staff finds that the following Goals, Objectives, and Policies of the County Comprehensive Plan are the primary components applicable to this petition. FUTURE LAND USE ELEMENT The proposed extension of the urban service area boundary provides a logical extension of the urbanized area. The subject lands are located within a 1 mile of the Florida Turnpike mixed land use area and in an area where central water and sewer services are being extended. The existing USA boundary line is adjacent to the amendment sites eastern property line. Approval of this amendment will extend the USA 2,540 feet to the west boundary line of the subject site. This will not extend the USA of any other parcel in the County. Objective 1.1.5: In coordination with the other elements of this plan, future development within the Planned Urban Service Area shall be directed to areas where urban and community services/facilities can be provided in the most efficient and compact manner so as to discourage the proliferation of urban sprawl. The proposed amendment discourages sprawl, pursuant to this Objective, and Section 9J-5.006(b)(7), FAC. Urban sprawl is discouraged by the proposed amendment's location within the existing urban service boundary and its close proximity to urban facilities and employment centers. The proposed RU Future Land Use classification would allow for the development of residential, institutional and neighborhood commercial uses in an area where central water and sewer services are being extended to serve the Seminole Tribal Communities Hawks Nest project east of the subject site. Extension of the urban service boundary will allow the proposed development to connect to central water and sewer lines which are being extended along Okeechobee Road (SR 70). Representatives of the petitioner have indicated that sufficient water and wastewater capacity is currently available from St. Lucie County. Prior to the issuance of any Final Development Order, a Certificate of Capacity indicating that all adequate infrastructure services are available is required. Central water and sanitary sewer facilities required for any future development proposal along with stormwater management, roadway, and other public facilities are the responsibility of the developers and not the local government. St. Lucie County is extending a water and sewer line along Okeechobee Road to service the Seminole Tribal Communities Hawks Nest project west of the amendment site. Okeechobee Road borders the amendment site on the north, thereby providing easy access to major arterials and emergency evacuation routes. ~ ...., January 11, 2004 Page 4 Petition: BJK, Inc. File Number: PA-03-008 Goal 1.2: Recognize that land use and transportation must be considered concurrently in all planning, and to the extent feasible, modify current land use patterns to decrease dependence on the automobile in order to minimize the need for future roadway expansion and promote the use of alternate modes of transportation. The applicant is not requesting a Future Land Use classification change, however extension of the urban service boundary line will provide an opportunity to request a change in future land use classification to a higher densities. The proposed amendment site's close proximity to retail, employment, and recreation centers provides an opportunity to decrease automobile trips and furthers the County's directives to promote the use of alternative modes of transportation. Objective 1.1.5.8: The Planned Urban Service Area is not intended to be a static line of development. This area may be extended or contract only for a residential classification up to 1,500 feet from that which is indicated on Figure 1-9 without necessitation an amendment to the Comprehensive Plan where the urban service area lies contiguous to a residential classification, the owner of contiguous property can ensure the provision of appropriate infrastructure and services, and the resulting change does not detrimentally impact the established character of the area. St. Lucie County shall be responsible for maintaining an updated map indicating the location of the approved Planned Urban Service boundary and once every two years include as part of its Comprehensive Plan amendment process, the latest Urban Service Area Map. The amendment requests a 2,540 foot extension of the urban services area boundary line which is beyond the above policy that allows a 1,500-foot extension of the Urban Service Areas for residential classifications without an amendment to the comprehensive plan. The amendment site is part of a larger 366-acre project, the remainder of which is within the Urban Service Area. The amendment site is adjacent to the designated Urban Service Area boundary, and public facilities and services are currently being extended to serve lands located west of the amendment site. In general the proposed amendment is consistent with sound planning principles and the County's goals, objectives, and policies for the following reasons: · It provides for the logical extension of the USA to provide more compact residential development; · It will allow a slight increase in densities for residential development in close proximity to retail centers, parks and an existing elementary school; · It is within an area where water and wastewater services are currently being extended; · Provides access to a major roadway, State Route 70, which provides sufficient capacity. ~ "tetII January 11, 2004 Page 5 Petition: BJK, Inc. File Number: PA-03-008 TRAFFIC CIRCULATION ELEMENT Extension of the urban service boundary will not increase the densities on the subject lands. The applicant submitted a Traffic Impact Statement based upon a "worst-case" traffic generation rate for the proposed 366-acre site development demonstrating that the entire project can take place without reducing the level of service on County roadways. Policy 2.1.1: The St. Lucie County transportation system shall be reviewed in coordination with any requested changes to the Future Land use Element or other related components of this plan. A report on the impacts to the system brought about by any proposed land use changes shall be prepared and presented to the Board of County Commissioners as part of the review of that Land Use change. The applicant has provided a Traffic Statement for the entire 366-acre project site that evaluated the maximum development allowed under the future land use classification, including the RS (2 du/ac) to RU (5 du/ac) classification change requested as part of PA- 03-007. The Capacity and LOS analyses indicate that the proposed change in land use will not reduce the level of service upon the affected segments if development occurred at this time. The project's traffic distribution on segments within a two-mile radius will be required before any final development order approval. The subject of this petition is for extension of the urban service area boundary line and the applicant has indicated that the RS Future Land Use classification will be maintained. Therefore no traffic impacts will result from the extension. If a future land use change were requested at a later date a traffic evaluation would be required. HOUSING ELEMENT The proposed amendment has been determined not to conflict with this element. INFRASTRUCTURE ELEMENT The proposed amendment has been determined not to conflict with this element. Representatives have indicated that sufficient capacity is currently available from St. Lucie through an agreement to provide water and wastewater from the Port St. Lucie system. Prior to the issuance of any Final Development Order, a Certificate of Capacity indicating that all adequate infrastructure services are available is required. Central water and sanitary sewer facilities required for any future development proposal along with stormwater management, roadway, and other public facilities are the responsibility of the developers and not the local government. Sanitary Sewer Sub-Element The proposed amendment has been determined not to conflict with this element. '-' ...,¡ January 11, 2004 Page 6 Petition: BJK, Inc. File Number: PA-03-00B The applicant has reported that St. Lucie Utilities will provide both potable water and sanitary sewer service to the site. An 8" sewer line is located on the south side of SR 70 and an. These water and sewer services are currently being extended to service the Seminole Tribal Communities Hawks Nest project just west of the sUbject site. Prior to any Final Development Order approvals, the applicant would need to demonstrate that sufficient capacity is available to service the project. Solid Waste Sub-Element The proposed amendment is not in conflict with this element. The County's Solid Waste facility currently has a 37-year capacity based upon current usage and would have sufficient capacity to service the maximum density of the proposed Future Land Use amendment site and not reduce the Level of Service (LOS) standards for the County's solid waste facility as set forth by Policy 68.1.1.1. Drainage and Aquifer Recharge Sub-Element The proposed amendment does not conflict with this sub-element. Objective 6C.1.3. The County shall enforce existing Land Development Regulations, which support the protection and maintenance of the natural functions (flow and storage) of the 1 DO-year floodplain and other natural drainage features. The amendment site consists of land recently cleared of a citrus grove that historically operated on the site. The majority of the site is within the 1 DO-year floodplain of Ten Mile Creek but the functions of features of the natural drainage features have been altered. Any future development of the site will require any remaining natural drainage features to be maintained and a stormwater management area to be provided that is consistent with the County's Comprehensive Plan and in accordance with the development standards set forth in the County's land development code and the South Florida Water Management District. Any future development proposals will require the demonstration of compliance with the County's Shoreline Protection and Flood Damage Prevention Standards, which are intended to control the alteration of natural floodplains and natural protective barriers. Potable Water Sub-Element The proposed amendment has been determined not to conflict with this element. The applicant has reported that St. Lucie Utilities will provide both potable water and sanitary sewer service to the site. A 12" water main will be located on the north side of SR 70. The services are currently being extended to service the Seminole Tribal Communities Hawks Nest project just west of the subject site. Prior to any Final Development Order approvals, the applicant would need to demonstrate that sufficient capacity is available to service the project. COASTAL MANAGEMENT ELEMENT The proposed amendment has been determined to conflict with this element. ~ -...I January 11, 2004 Page 7 Petition: BJK, Inc. File Number: PA-03-008 The amendment site is located along the northern shoreline of Ten Mile Creek, a natural tributary of the North Fork of the St. Lucie River. The quality of Ten Mile Creek and downstream water bodies have been targeted by local, state and federal agencies for preservation, restoration and enhancement to improve the quality of water in Ten Mile Creek and downstream water bodies. The amendment site is located along the natural waterway and is adjacent to existing and proposed public lands purchased for the implementation of preservation and restoration projects. Objective 7.1.1: Future Development in the Coastal Area. St. Lucie County shall continue to protect the natural resources of the coastal area from adverse impacts caused by future development through the implementation and strengthening of existing environmentally related laws and the assignment of appropriate Future Land Use designations. The proposed urban service area boundary extension is not expected to increase the threat of adverse impacts to Ten Mile Creek and downstream waterways. CONSERVATION ELEMENT The proposed amendment is consistent with the goals, objectives and policies found within the conservation element. Goal 8.1: The natural resources of St. Lucie County shall be protected, appropriately used, or conserved in a manner which maximizes their function, and values. The proposed amendment site is located along the shoreline of Ten Mile Creek, the largest natural tributary to the North Fork of the St. Lucie River. Maintaining a natural buffer between any future development areas and the adjacent waterway will assist to filter and cleanse runoff from the future developed site prior to their reaching Ten Mile Creek and downstream waters. Policy 8.1.3.1: The County's land development regulations shall include the use of programs to protect or maintain floodplain, such as reduced parking, conservation easements, cluster site plan and micrositing of buildings. The County shall continue to strictly enforce regulations that direct development away from the floodplains and provide upland buffers along the floodplain. The site's close proximity to major educational, retail, employment sectors and existing utilities make it a logical area to extend the urban service area boundary line that promotes urban development. Although, the proposed amendment does not include a change in the site's future land use classification, consideration must be given to the ability to modify the existing classification to an urban future land use classification if the urban service boundary line is extended. The amendment site's location on Okeechobee Road and its proximity to urban services, including employment centers and transportation centers would provide for a logical area for urban densities, if requested at a later date. The only caveat is that an increase in future densities may increase development pressures along Ten Mile Creek. To protect the Creek from potential impacts the buffer lands along the Creek are designated RlC (Residential Conservation). This conservation designation in conjunction with the County's shoreline protection policies is expected to protect the remaining natural areas along Ten Mile Creek. '-' ~ January 11, 2004 Page 8 Petition: BJK, Inc. File Number: PA-03-008 RECREATION AND OPEN SPACE The proposed amendment has been determined not to conflict with this element. INTERGOVERNMENTAL COORDINATION ELEMENT The proposed amendment has been determined not to conflict with this element. CAPITAL IMPROVEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. Policy 11.1.4: No right to obtain final development order, nor any other rights to develop (B)(3)(b) the subject property have been granted or implied by the County's approval of the preliminary development order without determining the capacity of public facilities. Approval of the requested extension of the Urban Service Area Boundary Line is a preliminary development order and as such does not reserve public facility capacity for future development of the property. Prior to the issuance of any Final Development Order a Certificate of Capacity must be obtained to ensure adequate facilities and capacities are available concurrent with development. Sufficient capacity is expected to be available to service the proposed amendment site. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN WATER RESOURCES.187.201 (7)(a) Goal: Florida shall assure the availability of an adequate supply of water for all competing uses deemed reasonable and beneficial and shall maintain the functions of natural systems and the overall present level of surface and ground water quality. Florida shall improve and restore the quality of waters not presently meeting water quality standards. The proposed amendment is not expected to reduce the quantity or quality of the area's water resources. Future development of the site must comply with the County's shoreline protection standards that prohibit development activities or shoreline alteration along the Ten Mile Creek shoreline, including the alteration of native vegetation and habitat, unless such alterations are associated with access points to the waterway. NATURAL SYSTEMS AND RECREATIONAL LANDS.187.201 (9)(a) Goal: Florida shall protect and acquire unique natural habitats and ecological systems, such as wetlands, tropical hardwood hammocks, palm hammocks, and virgin longleaf pine forests, and restore degraded natural systems to a functional condition. Public lands purchased for the preservation and restoration of Ten Mile Creek and downstream waterways border a portion of the subject site. Lands adjacent to the amendment site contains wetlands, hammock and a system that was degraded by past drainage activities. The majority of the amendment site contains lands within the Ten Mile Creek floodplain that have been drained and cleared to allow for past agricultural activities. Prior to development of the site, all natural features, including any natural ~ """'" January 11, 2004 Page 9 Petition: BJK, Inc. File Number: PA-03-008 drainage features will be identified and any remaining on the amendment lands will be required to be maintained as part of the project. LAND USE. 187.201(16)(a) Goal: In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. The proposed extension of the urban service area boundary line is not expected to adversely affect the quality of life in the immediately surrounding area. The proposed amendment site is within an area that has existing or proposed public facilities sufficient to support residential development. The amendment site is bordered on the north by an intrastate highway (SR 70) that will provide easy access to streets interior to the development project and provide direct access to an emergency evacuation route (SR 70) that connects to the Florida Turnpike and 1-95. PUBLIC FACILITIES 187.201 (18)(a) FS: Florida shall protect the substantial investments in public facilities that already exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient manner. The amendment would maximize the efficient use of the existing and proposed public facilities in furtherance of this state goal. TRANSPORTATION. 187.201(20)FS: directs future transportation improvements to aid in the management of growth and promotes an intermodal transportation system. The proposed amendment is consistent with and furthers this goal. The proposed amendment lands are located adjacent to a State Highway and emergency evacuation route. The proposed urban service area boundary line extension will not increase densities. CONSISTENCY WITH THE REGIONAL COMPREHENSIVE POLICY PLAN The following are the primary regional goals and polices that apply to this petition: Strategy 1.1.2: Promote compatibility of urban areas, regional facilities, natural preserves and other open spaces. The proposed amendment furthers this goal. The proposed extension of the urban service boundary line provides the potential for a future increase in densities on the subject lands. Public facilities are being extended along the north side of the amendment site and the proposed amendment provides for the efficient use of regional facilities. Policy 8.1.1.1: All development should take place concurrent with or after the provision of necessary infrastructure and services. The proposed amendment site is located in an area where the necessary water, wastewater are currently being extended and roadway capacity is currently available. '-" ~..,,¡ January 11, 2004 Page 10 Petition: BJK, Inc. File Number: PA-03-008 CONCLUSION Based upon the information provided, staff has found the proposed land use change to be consistent with the Goals, Objectives and Policies as set forth in the County's Comprehensive Plan. Staff also finds the proposed amendment is consistent with and furthers the State Comprehensive Plan and the Regional Policy Plan. The proposed Future Land Use Classification change would slightly increase residential densities in the urban area and thereby further goals to provide for a compact urban form and reduce vehicular trips through the use of multi-modal transportation facilities. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of approval and that the petition be transmitted to the Florida Department of Community Affairs for further review. Attachment cc: County Administrator County Attorney File Suggested motion to recommend approval/denial of this requested Comprehensive Plan Amendment. ~. ...., The RE designation is intended for large lot, single-family detached residential dwellings, at a density of one unit per gross acre. These areas are not required to be served with central utilities, however when at all practical, service connections should be provided. The RE designation is acknowledged as potentially suitable for limited residential development under the following criteria: o All residential development must be in accordance with applicable standards and restrictions as set forth in the Land Development Regulations; o All residential development proposals in excess of 10 units must be approved through the Planned Unit Development (PUD) process as provided for in the Land Development Regulations; o Any residential development in excess of 200 acres should be in conjunction with the establishment of a Community Development District, pursuant to Chapter 190, Florida Statutes, for the purpose of providing the necessary infrastructure facilities to support that development; and, o Residential densities are set at a maximum of one (1) unit per one (1) gross acre. RESIDENTIAL SUBURBAN (RS) The Residential Suburban (RS) land use category is intended to act as a transitional area between the agricultural areas and the more intense residential areas in the eastern portion of the County. This category is found predominantly along the western edge of the urban form, but is also appropriate for areas of special environmental concern such as along the North Fork of the St. Lucie River and the Indian River Lagoon. The RS designation is intended for large lot, single-family detached residential dwellings, at a density of one to two units per gross acre. These areas are not required to be served with central utilities, however when at all practical, service connections should be required. RESIDENTIAL URBAN (RU) The Residential Urban (RU) classification is the predominant residential land use category in the County. This residential land use category provides for a maximum density of 5 dwelling units per gross acre. The RU designation is generally found between the identified urban service areas and the transitional RS areas. These properties need to be serviced with central watp.r and wastewater services. These services may be provided by either a public utility or throuyh private on-site facilities, as would be permitted in accordance with all applicable regulations. New development in the RU areas car. occur using traditional single-family or multi-family zoning designations or through the Planned Unit Devolopment process. Under1ine is for addition strite thl'6t1~h if for deletion 81. Lucie County Comprehensive Plan 1-29 Future Land Use Adoption: March 5, 2002 I~ -~J . ~~ - z '-- f-- 1 1\..\\1_ ~ 'J~ ~:~ -;1 .p. J ~ Oê '7: L _ I ~. ì'k-? ' , C· ._.~. .~ ~ ..' ~,,,,,, ~. c. o '~ ~ . - ,. ~u... :-.. ~ '.".;... 0 -- '. ~. '~\~'!'..;!!i ,g ~ ! "\7 \.'... Ð.,", ~ o '!'\. """'" ~ ~ . .~ Q. '= Ii:¡.. .'. ~~~~I .... ~ 8 ~ I~,~ ~~~ -ij,~ r.('r,! I -~v ~ en I 8"".);.: ~ "'0 '.h.' 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" ~ Pi ,j ~ It! ~!!! i ~iJ ~ C) g- II! '" Q. ," L Ii I,d [,;,; ~ ,fJ II (f'i . I' . ':-- ,.,- ~~, c::: ~ ~\-- ........~ 0 'î~~ ~ "" ~ ,.../) >< ) ~ (/) ..; 1-1,-1 ~ ~ ~ cr: ~ . ( ¡-~-~\B- - - "'- - --~--r:::=.. /. ~ . ---~ - ð · :2 ,-- ~~_ " '1=\ I' v~.' 0. w.\r-n- i c > ~ . ~~ " .O~:. . ~~~\ ... '§ ~ ;-<7J ~~ \ 8- ~ : cr: ~ ~, I, \ O~: ~Lï ~~~'%~I~' .t, o -. IQ ~~~~~. ~ '1 ì7 · I( J '/ I /' \(, 11 ro ~ ~ ~ 'tL.() ~ ~~ & ' ~. n__ ~ 1\ _ ~~~ .~~~ \ ~,~ "- ~J, 't:'f' :\1,1\ " 'C~:'), t, v - - I -:~-W ~'¢ ~~~ I _.. I - ~--=-~~ ~ J ' ~ I~ I ~ ~ I I~ I T \w' o en « , , ~ ~ ~ - . () c ~ ~Ii~ ~~ ~ ~.. ;:;.~ gj. . : L..LJ . . .'-r= . . """ . '...:J.- .. ~ : : h-: :: ~ : . --- ........1 . ..... I J-w--- ........ . ........ '\ - ---a; - - - , . \'-= ~ -r-- ~ r:- S ~ 0)--;- C/J- =>.-:... §¡S ., L.() C\J rk <i: a...- Z t ~¡' HilI ~~ j ii! o IIJ i !'Ii (j); ¡; ~ h! '< :JH ~~ :i J f' :, ~ III 'C C :J o .D Q) () .~ Q) U) C III .D :s · · · · · ~ III 'C C :J o .D ~ Q) III ~ 'C .g? § ~.8 u: Q) - - o .- ~E G~ I . : . I . : . rol. o o I C") o U) Q) «~ a.. :g ~ , oð'Ë ~ ~~ f'-.. ~õ o ,!2. 9 ~~ ~~ L{) ~ ø K - ..... '<~ ~ ~ , '-' ...,¡ AGENDA - PLANNING & ZONING COMMISSION February 19, 2004 7:00 P.M. lYK INC., has peùiioned St. Lucie County for an extension of the Urban Se/VlCe Boundary Line for the following described property: Location: South side of Okeechobee Road (SR-70), 1/2 mile west of Gordy Road. Please note that all proceedings before the Planning and Zoning CommISsion/Local Planning Agencyare electronically recorded If a person deCldes to appeal any decISion made by the Planning and Zoning CommÙsion/Local PlanmÍ1g ~ncy with respect to any matter consIdered at such meeùÍ1g or hearing, he WIll need a rccord of the proceedings, and that, for such purposes, he may need to ensure that a verbaùm record of the proceedings.is made, which record includes the tesùmonyand eVIdence upon which the appeal IS to be based Upon the request of any party to the proceeding, indivIduals tesù/yingduring a hearing WIll be sworn in. Any party to the proceeding WIll be granted an opportllllliy to cross-cxamIiJe any indiVIdual tesù/ying during a hearing upon request. WrItten commcnts received in advance of the publIc hearing WIll also be consIdered Prior to this publIc hearing, noùce of the same was sent to all aqjacent property owners February ~ 2004. Legalnotice was published in The News and The Tribune, newspapers of general circulatJ'on Ii1 St. Lucie County, on February 5, 2004. File No. PA-03-008 '-" ~ J ¡.. ! I< ~¡r¡"¡r¡z. i w .-.' .. a..... .. . , = ~;¡æ i ! ~~;~;;jb¡¡ll ~!~~:ï~~i~~~~¡:iti!~ ~ IJ i .J' ! ,~!¡ Q ~ I I~~il'.;~=ª~ i ~!~:~!¡;·i!~~~~~~·~!= II '11 . I~=' a - ~ 1O'.~.~~..t~l· ::-~"·.~aW .~wl!:~-! a . t · .. I ~;~~ : I i ;i:!m=i?!: r d¡¡æ=il ~~~.¡¡ f· !i, ~ I . IU. : J u I~w. !~I~ t i~i¡r¡;;,¡¡ª !~; I ;i hi :.:» · i =8'; ¡ I ~ w'l wi~ j il=;a~"" ~~.; -=. . -, ;!î I ". ~~~e : i ~ .I~S.~~¡ r:~ . ~ i~=~ W~¡;;:~=;¡~~~i.i~ ~~ III I ...~ ~ , . ! -~¡r¡ .. w f f ¥~.... -~al·al'"· h! I i i~l~ i !! g~~w..sll:;~~ I" §wsi !~.;'i~ i: t!~ I I"~i;j . .' j · I ~r:I:ll1i~~ i! Ir'~, M;¡¡! sa .;1 · .~ i!~i ~ · i !~i~?~~!~~I~ j; !i~!~I!~ w~ _!~!5=i ~. !J! J ~i IB=~ ~ . J ~ ;i!ª~¡r¡!~i~!~1 J ,F; ¡~.ª.~s~~l;WUQ~I;!i~=; 1 if i1f B e'~1 ! 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Ij I !II ~~;~ ~ t I ~~ ;;::. · ~ I 5 J ii·...E!~Evl~i·~=~! : I 'I H~J J as '1.1 r . ~ ~I .~~ I I J r , ~ ¡r¡¡¡:~¡r¡='~i' ¡=;:;;,.... i J J" liif' ~ ;1 ¡§ &:~~ ~~! f' ~~ :i~æ' =oQ"Or! r A ,~ I ~!~w. -~. :.~ !§I<; :~ ~ A ·1 ic,j ~§ðf ~ Ki l~.: l~ I "I ~§ 2&wo:.i;~·=i¡r¡ ~' II ~I ! ,Ii . · ~ · 1 J i.J, ~.~!~ Ø) i~ !=;~ !~ j. ¡l ~~r~w!li~~;~~ ; j j ~~ !~jª=! i~~ oii ; ! j¡ ;tff ¡IS1( 9, !~ ;:i: ! ;i I :1 it i:i~~;ii:!!i~ I I ; il i;;!i¡!i~~ii~~I~~ï:ij! I i ~Ï iiii il~i¡; _ ~ ~ i' ~2~~Z! .. o· _ _. _ I; r ! ~ a';'w :;;:;;rE~ . I t ,~dl·l· i c h .10'.' I .Ir ! ...§ ... ... ,I 1 ~ : a" !r ° ~ 11 ° ! .1 ð i ! 111 ~. !~ ~ ~ !t . i! ~!:i!¡¡~5= ,... v i I : ~ ~ g ~ ! ~ Ii ! . ~ ~ § :·a~~·.·1 § ~ i ~! § I ¡r w w ~ !ali~"¡¡¡i w ~ I ~ ~ ~ii! §':;;B ~ H ~ l . !! :;; :;; :;; ~Ë' . :;; ~ ~ !I } I . w~ ! ! ! B. · ! I i ~t =:;; b§§ " II i · i; . . . ~I ~9 ~ . 1 ] ~, ¡i ~ j ¡!I ;~ %I!~~I .. . II &s : . ! ;1 : !~!~ ¡~h "i" ~ ãí ~ r.:li!;.~~~! bI ~i §i'~II~~1 if "- , I ~ §. ~ :;; \wt ...., f~,jt~""~_~;k"~\~--~,t..~~13iWÌ1,'~1i.~;I~\~~~I#~.t:/ÿ'~~~~":)ìi~~~;;~ BOARD OF COUNTY COMMISSIONERS ~=r . ~ eJ ~ If: - ~., .- COUNTY ~'" JJ.' , FL. 0 R I 1-. D A ." "':". . COMMUNITY DEVELOPMENT DIRECTOR i!!~_;~~_ February 9, 2004 In accordance with the St. Lucie County Land Development Code, you are hereby advised that BJK INC., has petitioned St. Lucie County for an extension of the Urban Service Boundary Line for the following described property: Location: South side of Okeechobee Road (SR-70), 1/2 mile west of Gordy Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The first public hearing on the petition wül be held aJ 7:00 P.M., or as soon thereafter as possible, on February 19,2004, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginill Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Planning and Zoning Commission at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-1577 if you have any questions, and refer to: File Number: PA-03-008. Sincerely, ST ~.' ,i ,!CIE COUNTY PLA~NG AND ?ONI. NG COMMISSION {. '·tlt...-?-IJ-~ --yr¡ c é:c.~-cc~1 þ-e.~ Carson McCurdy, Chainnan I - JOHN D. ßRUHN, District NO.1· DOUG COWARD. District NO.2· PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON. District NO.4. CLIFF ßARNES, District NO.5 County Administrator - Douglas M. Anderson 2.300 Virginia Avenue · Fort Pierce, FL .34982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 · GISffechnical Services: (772) 462-155.3 Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourist/Convention: (772) 462-1529 · Fax: (772) 462-21.32 www.co.st-Iucie.fl.us '-' m mM 0 ~NOOOOO N m mONONN ~ ~~ ~ ~~ffi$$$$ ~ ~ ~8c;~c;c; ~ ~~ ~ ~~~~~~~ ~ ~ ~9~~~~ ~m~~mM~~~~ø~~~~~~~~~m~m~~~~~ ~~~~N~~~~m~-~~-~~m~ ~m~~~~~~ ~~~~~~MM~~~c;c;c;c;c;c;~~M ~~~~~~~~ NM~MM~mMMMMMMMMMMMMMMMMMMMMMM .!! ~æðææð~ææææææææææææææææææææææ .t=.t=.t=.t=.t= I.> I.> I.> 0 I.> ra ra ra ra ra een QQQQQ.t=!!!?.t=en ~ a¡ a¡ a¡ a¡ a¡ O!.. 01 º ~12 ~ ~Is¡ ra'§ ~ ~ ~§§§§§ÆI:~ ~ÆI:~ ~ ~ ê ~ ê ~ ~ ~ ~i~~ia¡Ø~~~æææææl>ø~>ø~~~~~~~~ _~Q~~Qra-~~~---__ra-~ra-~~~~~~~~ ~~=t~=ë~~~t000~Ø=~t~~Cttttttt Bæ~ææ~~8æææ~~~~~~8æ~8ææææææææ N N N N M M R g ~~ ~ ~ ø ø Mra M M ~~~~~ ~~~~~ #o~ # # _ ~~~~~ ~~~~~ ~~ ~ ~ ø ~~~Q~ Qa¡QQa¡~~QQ~ ~~~~~ ~ ~ ~~~ ~~~~~oQ~~en ~Qen~Q ra 0 000 2~~£~ël~fj~~~~~~~~~~~I~~~~~~~~~ æC*a:cg~a:*C~~~~~-~C-~NQNQa:a:~~ ~.~8~~8~~~~~~~~~~~~~~~;Š;ÔÔÔÔÔ 5005~>00ØOOOOO~>ø~>OØQ~M~~M ~ 80 ~0~~~a¡a¡a¡ma¡m~~m2mØm~MNmM ~8~~88~~~~00000~~~~~OMOo8ðð8 ~~~~~~m~~N~~~~~~mN_m~~~ ~__ . c u.. ~ II C ~ ~ :! 8 ... o!I ~ 'C ! ~ a:: ~ ~ > I~ E! ra c.:> c.:> ra .~ ra E j < ~ o '"') ..J Q t!!~ ~~ Q .- z:;¡ :;¡ e ~ C ra ø 8 o!I '21 ~ Q!~ ~~ 'i!.'::t:. en ra 'C ~ ::J S I~ ~ ~ Q :ëõ øc.:> I!! 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[ ] [ ] [ ] [ ] Quasi-JD [X To: Submitted By: Board of County Commissioners Community Development SUBJECT: Consider application of BJK Inc., for a Change in Future Land Use Classification from RS (Residential Suburban - 2 du/ac) to RU (Residential Urban - 5 du/ac) for 48.72 acres located on the south side of Okeechobee Road (SR 70), approximately % mile west of the Florida Turnpike. BACKGROUND: The current future land use classification allows for residential uses at a density of 2 dwelling units per acre, or in the case of this specific parcel a total of 97 dwelling units. Approval of the proposed change to the RU Future Land Use classification would allow a maximum of 5 dwelling units per acre or 244 dwelling units on the amendment site. The 48.72 acres that are the subject of this petition are part of a 366-acre development site under a single ownership. The entire 366-acre project is proposed to include approximately 800 dwelling units, consisting of single-family and multi-family homes, limited commercial and recreational uses. FUNDS AVAILABLE: PREVIOUS ACTION: N/A RECOMMENDATION: At the February 19, 2004, public hearing on this matter, the S1. Lucie County Local Planning Agency, by a vote of 7 to 1 (Ms. Hammer voted against) , recommended approval of the requested change in future land use classification from the RS (Residential Suburban) to the RU (Residential Urban). Approve transmittal of the BJK Inc. petition for a change in Future Land Use classification from RS (Residential, Suburban) to RU (Residential, Urban) to the Florida Department of Community Affairs for review under Chapter 163, Florida Statues. COMMISSION ACTION: c=J APPROVED c=J OTHER CONCURRENCE: D DENIED Douglas M. Anderson County Administrator Coordination/ Signatures ~unty Attorney / Finance.: vtnviron. Resources; ),// II'=::{ Mg1. & Budget: Fire Dept: Utility: Purchasing: Public Works: Other: ~~ ~ ~ Board of County Commission: 03/16/04 File Number PA-03-007 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of County Commissioners FROM: Community Development Director DATE: March 10,2004 SUBJECT: Application of BJK Inc., for a Change in Future Land Use Designation from RS (Residential Suburban - 2 du/ac) to RU (Residential Urban - 5 du/ac) LOCATION: South Side of Okeechobee Road (SR 70), approximately ~ mile west of the Florida Turnpike. CURRENT FUTURE LAND USE DESIGNATION: RS (Residential Suburban - 2 du/ac) PROPOSED FUTURE LAND USE DESIGNATION: RU (Residential Urban - 5 du/ac) EXISTING ZONING: AG-1 (Agricultural - 1 du/ac) PROPOSED ZONING: PUD (Planned Unit Development) PARCEL SIZE: 48.72 acres PROPOSED USE: Residential SURROUNDING ZONING DESIGNATIONS: AG-1 (Agricultural - 1 du/ac) to the east and west. RC (Residential Conservation) to the south, and AG-2.5 (Agricultural - 1 du/2.5ac) to the north, across State Route 70. SURROUNDING LAND USE DESIGNATIONS: RS (Residential Suburban - 2 du/ac) to the north, west, and MXD-Crossroads (Mixed Use- Crossroads) to the east. RC (Residential Conservation) to the south. SURROUNDING EXISTING LAND USES: Citrus groves, vacant land, public preserves and a single-family home surround the parcel. The Ten '-' "wi March 10, 2004 Page 2 Petition: BJK, Inc. File Number: PA-03-007 Mile Creek Attenuation Facility is located on the south side of Ten Mile Creek. UTILITY SERVICE: Water and sewer lines are located along Okeechobee Road (SR 70). TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: Okeechobee Road (SR 70) is a 200-foot wide State owned right-of-way. SCHEDULED IMPROVEMENTS: Construction on a recreational path along SR 70 will begin within the next 12- 16 months. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. COMMENTS The petitioner, BJK Inc., is requesting a change in the Future Land Use Designation of RS (Residential Suburban - 2 du/ac) to RU (Residential Urban - 5 du/ac) on 48.72- acres located about Y:z mile west of the Florida Turnpike, between State Route 70 and Ten Mile Creek. The amendment site contains land recently cleared of an abandoned citrus grove. The entire site is located within the historic 100-year floodplain of Ten Mile Creek. The amendment site's current future land use designation allows residential uses up to 2 du/ac or 97 total dwelling units. Approval of the proposed change to RU would allow up to 5 dwelling units per acre or 244 total dwelling units and limited commercial and institutional uses. The future land use application package includes a Traffic Impact and Environmental Statement that were utilized to evaluate the proposed future land use amendment. The amendment site is part of a larger development site (See Exhibit A), with the remaining 317 acres retaining their existing RS Future Land Use designation. The entire 366-acre site is planned for development through the County's Planned Unit Development (PUD) process. An extension of the western portion of the development site's Urban Service Area Boundary line is the subject of PA-03-008. The PUD is proposed to include approximately 800 dwelling units, consisting of single-family homes and multi-family units, limited commercial and recreational uses. A change in future land use for the subject 48.72 acres would allow slightly higher residential densities that can be distributed throughout the entire 366-acre PUD site. On February 19, 2004, the proposed amendment was presented before the St. Lucie County Local Planning Agency (LPA). Following a public hearing on this petition and hearing no opposition and one member of the public appearing in support of the petition, the LPA voted 7 to 1 to forward a recommendation of approval to the Board of County Commissioners. ~ "wi March 10, 2004 Page 3 Petition: BJK, Inc. File Number: PA-03-007 The proposed future land use amendment is a preliminary development order and does not imply that any specific development scenario can occur on the property but allows the developer to seek development of the property for multi-family uses. No right to obtain a final development order, or any other rights to develop the subject property have been granted or implied by the County if the requested Comprehensive Plan amendment is approved. Prior to the issuance of any final development order, the developer must demonstrate that all public facilities are available to service the parcel and obtain a Certificate of Capacity. +++++++++++++++++++++++++++ Any proposed amendment to the St. Lucie County Comprehensive Plan may be reviewed by several state and regional agencies. The Department of Community Affairs is charged with determining whether amendments are consistent with and further the St. Lucie County Comprehensive Plan, the State Comprehensive Plan, the Strategic Regional Policy Plan and Rule J-5, Florida Administrative Code. The following sections address the proposed amendment's consistency with each of these plans. CONSISTENCY WITH THE ST. LUCIE COUNTY COMPREHENSIVE PLAN In reviewing this application for a proposed amendment to the St. Lucie County Future Land Use Map, staff finds that the following Goals, Objectives, and Policies of the County Comprehensive Plan are the primary components applicable to this petition. FUTURE LAND USE ELEMENT The proposed amendment does not conflict with the goals, objectives and policies of this element. The application states "the proposed amendment will help ensure a high quality of environment by allowing the comprehensive planning, design and construction of a unique community, which will blend a variety of housing choices with a large passive recreation and preservation area along Ten Mile Creek." The proposed change to the County's Future Land Use Map will provide for urban land use densities adjacent to the MXD-Crossroads Future Land Use area that includes a variety of uses, including residential, commercial and industrial uses. The amendment site is part of a larger parcel that contains land zoned RlC (Residential Conservation) along Ten Mile Creek. The Future Land Use Element describes the requested RU (Residential Urban) classification as "the predominate residential land use category in the county" The RU designation is generally found between the existing urban areas and the transitional RS areas. These properties need to be serviced with central water and wastewater services." The subject lands are located within a ~ mile of the Florida Turnpike mixed use activities and in an area of the County where central water and sewer services are being extended. The Ten Mile Creek Water Preserve Area and County preservation and restoration projects are located adjacent to the project. The developer is coordinating with local and regional staff to provide a linked recreational trail connecting existing and proposed public lands that surround the larger project. A portion of the natural course of Ten Mile Creek along the southern portion of the larger project was cutoff from the main channel '-' ...., March 1 A, 2004 Page 4 Petition: BJK, Inc. File Number: PA-03-007 when the river was dredged and straightened for drainage control purposes in the 1940's. These areas are expected to be preserved and enhanced through the overall development of this project. Objective 1.1.5: In coordination with the other elements of this plan, future development within the Planned Urban Service Area shall be directed to areas where urban and community services/facilities can be provided in the most efficient and compact manner so as to discourage the proliferation of urban sprawl. The proposed amendment discourages sprawl, pursuant to this Objective, and Section 9J-5.006(b)(7), FAC. Urban sprawl is discouraged by the proposed amendment's location within the existing urban service boundary and its close proximity to urban facilities and employment centers. The amendment site, when combined with the other 317 acres of the proposed PUD project will allow development of the site in a moderate density range of two to three units per acre. The site's close proximity to transportation and employment centers may reduce future home to work trips on the County's roadways. Urban and community services currently exist or will be available along the State Route 70 corridor concurrent with the development of the project. Representatives of the petitioner have indicated that sufficient water and wastewater capacity is currently available from St. Lucie County. Prior to the issuance of any Final Development Order, a Certificate of Capacity indicating that all adequate infrastructure services are available is required. Central water and sanitary sewer facilities required for any future development proposal along with roadway, and other public facilities are the responsibility of the developers and not the local government. St. Lucie County is extending a water and sewer line along State Route 70 to service the Seminole Tribal Communities Hawks Nest project west of the amendment site. State Route 70 borders the amendment site on the north, thereby providing easy access to major arterials and emergency evacuation routes. Policy 1.1.5.3: When considering any amendment to the Future land Use Maps of the County's Comprehensive Plan, the County Commission shall make the following findings, supported by the other elements of this Plan, prior to taking any approval actions granting an individual amendment to the Future land Use Maps: a. That the property under a land use amendment application is adjacent to, or within no more than Y4 mile of the same or greater type of land use classification. The proposed RU Future Land Use classification is located adjacent to the MXD- Crossroads (Mixed Use-Crossroads) Future Land Use classification to the east. MXD allows residential densities greater than the five dwelling units per acre permitted under the requested RU Future Land Use classification. In addition, COM (Commercial) Future Land Use classification is located directly north of the amendment site, on the north side of State Route 70. b. That the property under land use management consideration lies within the '-r ..." March 1 0, 2004 Page 5 Petition: BJK, Inc. File Number: PA-03-007 Five Year Capital Improvement Program of the Water and Wastewater Master Plan for 51. Lucie County or otherwise meets the requirements of Policy 1.1.5.4. The project lands are within the County's utility service area and water and sewer lines are being extended to serve the Seminole community west of the amendment lands. Goal 1.2: Recognize that land use and transportation must be considered concurrently in all planning, and to the extent feasible, modify current land use patterns to decrease dependence on the automobile in order to minimize the need for future roadway expansion and promote the use of alternate modes of transportation. Providing higher densities in close proximity to existing and proposed employee, retail and recreational areas will further the County's directives to promote the use of alternative modes of transportation. Policy 1.1.9.7: Enforce Section 6.02.02 of the land development regulations to protect the watercourses identified below: North Fork of the 51. Lucie River - from the Martin County line to the confluence with Five & Ten Mile Creeks Five Mile Creek - from the confluence of the North Fork of the St. Lucie River to the Florida East Coast Railroad, Glades Cut-Off Branch line. Ten Mile Creek - from the confluence of North Fork of the 51. Lucie River to McCarty Road. (Beyond these points, channelization effects are so great that natural course and habitat are lost) Section 6.02.02 contains the County's Shoreline Protection standards creating zones limiting development activities along Ten Mile Creek. The boundaries of the waterways are broadly construed to include natural fingers and oxbows, including man made enhancements for boat channels. A portion of the amendment site appears to be located along the historic Ten Mile Creek waterway, approximately 400 feet north of the Creek channel. The required Environmental Impact Report will identify any waterways or fingers on the project site and the limiting development zone. The remaining natural floodplain wetlands along the creek contain a remnant oxbow identified for reconnection within the Feasibility Study for the Reconnection of Wetlands and Oxbows along the North Fork of the S1. Lucie River (FDEP, 2003). Any future compensating floodplain storage or mitigation should be directed towards reconnection of the historic waterway to the main channel of the Creek. Policy 7.1.6.8: By December 31, 2002, the County shall enact regulations that will further protect the integrity of sites identified by St. Lucie County as significant resources. At a minimum the regulations shall provide that: ~ ...., March 10, 2004 Page 6 Petition: BJK, Inc. File Number: PA-03-007 a. No existing archaeological sites shall be excavated, scarped, leveled, or altered without supervision of a profession archaeologist utilizing acceptable techniques; b. An archaeological survey may be required as part of development reviews; c. If evidence of historical or archeological value is exposed through construction or site preparation, work on that location will be temporarily suspended until evaluation by the County or their designees. Several archaeological sites are located within close proximity of the amendment lands. The Williams Midden, State Site File No.8SL7, and the Ten mile Creek Water Preserve Area Critical Restoration Project is located to the south of the site along Ten Mile Creek. During the recent survey of the Ten Mile Creek Water Preserve Area four prehistoric archaeological sites and two isolated finds were identified during the survey that were documented as important in determining the prehistory of the region. Based on the results of the survey, it was recommended that all four resources be considered eligible for inclusion on the NRHP. The archeological survey of the Ten Mile Creek Attenuation project lands consisted of a survey of grove lands along the Ten Mile Creek system found numerous archaeological resources. Given the above and the location of the property within two archaeological zones likely to contain archaeological sites (Archaeological and Historical Conservancy, 2002), an archeological survey will be requested as part of any development application. As part of site plan review, the project lands should be evaluated for the presence of archaeological material and the historical status of the two homes on the site determined. TRAFFIC CIRCULATION ELEMENT The applicant submitted a Traffic Impact Statement based upon a "worst-case" traffic generation rate for residential uses under the proposed future land use classification. The traffic analysis contrasting the trip generation potential of the maximum number of single family units under the proposed land use verses the existing land use demonstrates sufficient capacity currently exists to accommodate the maximum number of units. Policy 2.1.1: The St. Lucie County transportation system shall be reviewed in coordination with any requested changes to the Future Land use Element or other related components of this plan. A report on the impacts to the system brought about by any proposed land use changes shall be prepared and presented to the Board of County Commissioners as part of the review of that Land Use change. The applicant has provided a Traffic Statement as part of the Future Land Use amendment application. An updated reportwill be required before any final development order approval is obtained. The proposed change in Future Land Use designation from RS (2 du/ac) to RU (5 du/ac) would result in an additional 147 dwelling units, increasing the trip generation potential by 1,551 vehicle trips per day. The maximum number of residential trips under the existing and proposed Future Land Use designation was distributed on the affected roadways segments as proposed within the applicants Traffic Statement. Ninety percent of future trips are expected to occur to the east towards the interstate system and the ~ ....,¡ March 10, 2004 Page 7 Petition: BJK, Inc. File Number: PA-03-007 City of Fort Pierce. These trips were added to the existing volumes on each roadway link within the study area to determine the effective Volume/Capacity Ratio of the proposed amendment. The Capacity and LOS analyses indicate that the proposed change in land use will not significantly reduce the level of service upon the affected segments if development occurred at this time. The Pre and Post Level of Service was determined for both the maximum development under the existing and proposed Future Land Use designations. The results are summarized below: Roadway Link Existing Volume/Capacity - Volume/Capacity - Volume/LOS LOS RE FLU LOS RU FLU (Spring 2003) Development Development SR70 (West of Site) 7,000/B 7,088/ B 7,238/8 SR 70 (East of Site) 7,000/8 7,796/8 9,131/8 2002 FOOT Quality/Leve/ of Service Handbook The Metropolitan Planning Organization staff stated that although Spring 2003 traffic counts west of the Florida Turnpike on Okeechobee Road (SR 70) indicate Level of Service (LOS) B, counts at stations east of the Turnpike and east/west of 1-95 indicate LOS C. Traffic counts on Kings Highway (SR 713), just north of Okeechobee Road also indicate LOS C. Although the applicant's traffic summary does not distribute vehicles on these roadways, the additional trips are not expected to lower the Level of Service below the adopted standard of LOS D on these roadways. The project's traffic distribution on segments within a two-mile radius will be required before any final development order approval. The Long Range Transportation Plan and Adopted FDOT Work Program for FY 2003/04-08 includes adding lanes to accommodate increased traffic on Okeechobee Road east of the Florida Turnpike. The FDOT study entitled "Okeechobee Road Planning and Conceptual Engineering (PACE) Study Need Statement notes that the section between Florida's Turnpike and 1-95 currently experiences congestion and is perceived to be dangerous by local stakeholders. The proposed change in Future Land Use will increase the trip generation potential by 1,551 trips per day. This will not cause Level of Service problems on the sections of SR 70 west of the Turnpike. However, at such time as a formal development application is submitted, the applicant may need to address any impact on SR 70 east of the Turnpike. That section of SR 70 is currently at LOS C and the impacts of this project have not been estimated on that section of SR 70 at this time. HOUSING ELEMENT The proposed amendment has been determined not to conflict with this element. '-' 'wIÌ March 10, 2004 Page 8 Petition: BJK, Inc. File Number: PA-03-007 Objective 5.1.2: In order to facilitate the development of industries (industrial and commercial) providing numerous positions, the County shall encourage the development of housing conducive to the attraction of these new industries and which have been identified as a need within St. Lucie County. The proposed higher densities in close proximity to existing and proposed employee centers will further this objective. INFRASTRUCTURE ELEMENT The proposed amendment has been determined not to conflict with this element. A Certificate of Capacity showing all necessary infrastructure improvements will be available as required prior to obtaining any Final Development Order. Sanitary Sewer Sub-Element The proposed amendment has been determined not to conflict with this element. Solid Waste Sub-Element The proposed amendment is not in conflict with this element. The County's Solid Waste facility currently has a 37-year capacity based upon current usage and would have sufficient capacity to service the maximum density of the proposed Future Land Use amendment and not reduce the Level of Service (LOS) standards for the County's solid waste facility as set forth by Policy 6B.1.1.1. Drainage and Aquifer Recharge Sub-Element The proposed amendment does not conflict with this sub-element. Objective 6C.1.3. The County shall enforce existing Land Development Regulations, which support the protection and maintenance of the natural functions (flow and storage) of the 100-year floodplain and other natural drainage features. The amendment site is entirely located within the 1 DO-year floodplain of Ten Mile Creek. Although the amendment site has been cleared and numerous drainage canals constructed to allow past agricultural activities, any development on the project site will have some impact on the Creek's floodplain. Future development of the site will require any remaining natural drainage features (flows and storage) to be maintained. These remaining natural features should be preserved/enhanced. Any future development proposals will require compliance with the County's Shoreline Protection and Flood Damage Prevention Standards, which are intended to control the alteration of natural floodplains and natural protective barriers. The amendment site's southern boundary is adjacent to RlC (Resource Conservation) classified lands along the north side of Ten Mile Creek. Based upon maps in the Feasibility Study for the Reconnection of Wetlands and Oxbows along the North Fork of the St. Lucie River, indicating the historic creek's location, the southern portion of the ~ ....", March 1 0, 2004 Page 9 Petition: BJK, Inc. File Number: PA-03-007 amendment site appears to be adjacent to a small finger of the historic waterway that has been cutoff from the main Creek channel. The Feasibility Study for the Reconnection of Wetlands and Oxbows along the North Fork of the St. Lucie River identified two oxbow and wetland reconnection alternatives in or adjacent to the larger project. Any compensation required for the loss of floodplain functions on the amendment site should be directed towards the identified oxbow reconnection and wetland restoration projects to assist with the reconnected of these two oxbows. Coordination with the Florida Department of Environmental Protection and the South Florida Water Manager District should be sought to provide compensating floodplain wetlands storage that enhances overall restoration efforts along Ten Mile Creek. The extent to which any natural drainage features remain on site will be determined through an Environmental Impact Report that is required as part of any future development application. The proposed change in future land use is not expected to place additional development pressures on the remaining natural resources but rather provides for a slight increase in residential units that could be distributed throughout the entire 366-acre project through the PUD process. Potable Water Sub-Element The proposed amendment has been determined not to conflict with this element. The applicant has reported that St. Lucie Utilities will provide both potable water and sanitary sewer service to the site. A 12" water main will be located on the north side of SR 70 and an 8" sewer line on the south side. These water and sewer services are currently being extended to service the Seminole Tribal Communities Hawks Nest project just west of the subject site. Prior to any Final Development Order approvals, the applicant would need to demonstrate that sufficient capacity is available to service the project. COASTAL MANAGEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. The proposed amendment is not expected to increase the threat of adverse impacts in the coastal area. Although, the proposed change will increase the potential number of residential units on the subject site, if any remaining natural features are retained and development of the site does not encroach into the County's Shoreline Preservation Zones, as set forth in the Land Development Code, natural resources will be protected. The amendment site is located along the natural buffer areas of Ten Mile Creek, a natural tributary of the North Fork of the St. Lucie River. The South Florida Water Management District owns lands adjacent to the site as part of their efforts to protect natural floodplain areas and restore the quality of water in Ten Mile Creek and downstream waterways. Ten Mile Creek and downstream water bodies have been targeted by local, state and federal agencies for preservation, restoration. Sufficient buffers should be provided between any developable areas of the amendment site and the adjacent public lands to eliminate the potential of adverse impacts. '-" "wi March 10,2004 Page 10 Petition: BJK, Inc. File Number: PA-03-007 Policy 7.1.3.3: The County shall cooperate with the appropriate regulatory and management agencies to implement comprehensive and coordinated m,anagement plans of the Indian River Lagoon in order to improve the biological health of the Lagoon. The amendment site is included within the Indian River Lagoon Feasibility Plan as a natural area restoration site. Joint state, regional and federal agencies have funded a feasibility study that identified an oxbow just south of the amendment site that would have been cut off from the main Creek channel during dredging activities and is proposed for restoration. Any future development plans should be designed in conjunction with State staff to ensure the restoration efforts are not inhibited. Objective 7.1.4: St. Lucie County shall strive to obtain or maintain water quality and trophic state index classifications of "good" for the Indian River Lagoon, Five Mile Creek, Ten Mile Creek, and the North Fork of the St. Lucie River. The County shall enact appropriate regulations that provide for the maintenance or improvement of water quality. The slight increase in residential density is not expected to result in additional development pressures on the remaining natural features or further degrade the adjacent waterway. A significant portion of the Ten Mile Creek river course and floodplain is isolated from the creek's main branch because of dredging that occurred in the 1920-40's. This resulted in a significant loss of floodplains and oxbow's being cut off from the main water channel, reducing the Creeks ability to naturally store waters and filter nutrients. The riverine dredging and subsequent land use intensification resulted in degradation of the quality of water in Ten Mile Creek and downstream waterbodies, including the St. Lucie Estuary. The Feasibility Study for the Reconnection of Wetlands and Oxbow along the North Fork of the North Fork St. Lucie River is part of the Indian River Lagoon (IRL) Feasibility Study, our area's portion of the Everglades Comprehensive Plan. To accelerate this portion of the IRL project, several state and federal agencies funded Florida Department of Environmental Protection pilot studies and a feasibility study of the reconnection of wetland and oxbow along the North Fork of the St. Lucie River and it's major tributaries, Five Mile and Ten Mile Creeks. Coordinating with the Florida Department of Environmental Protection and the South Florida Water Management District regarding any required compensating floodplain storage locations designs and mitigation requirements could further the above objective. CONSERVATION ELEMENT The proposed amendment is consistent with the goals, objectives and policies found within the conservation element. Goal 8.1: The natural resources of St. Lucie County shall be protected, appropriately used, or conserved in a manner which maximizes their function, and values. The proposed amendment site is located just north of the Ten Mile Creek shoreline, the largest natural tributary to the North Fork of the St. Lucie River. The R/C Future Land ~ 'wi March 10, 2004 Page 11 Petition: BJK, Inc. File Number: PA-03-007 Use classification between the Creek's shoreline and the amendment site and strict enforcement of the County's Natural Resource Protection Standards should protect the adjacent natural areas and public lands from adverse impacts. Policy 8.1.1.2: St. Lucie County shall facilitate development that maximizes energy efficiency and sustainability. This should include techniques that will reduce the total fossil fuel energy required to build and maintain urban land uses. This shall include standards that promote mixed land use patterns, urban infill, public transit and provide non-motorized interconnections between land use types to reduce auto dependence and vehicle miles traveled. Providing for urban land use densities within the urban service area will further this policy. The site's close proximity to major educational, retail and employment sectors can be expected to reduce the vehicle miles traveled. Non-motorized and public transit facilities within the proposed development site, proposed employment centers and future improvements to adjacent roadways to accommodate non-motorized users would fully address this policy. Policy 8.1.3.1: The County's land development regulations shall include the use of programs to protect or maintain floodplain, such as reduced parking, conservation easements, cluster site plan and micrositing of buildings. The County shall continue to strictly enforce regulations that direct development away from the floodplains and provide upland buffers along the floodplain. Prior to any development approval an Environmental Impact Report will be required that will identify any areas on the amendment site that still contain floodplain features or functions. In general, the floodplain that covered much of the amendment site has been lost from past clearing and drainage activities. Residential development on the site can occur with little or no impact to the remaining natural resources and adjacent waters if the development and accessory facilities are located outside of any area containing natural floodplain functions (storage or flow) and any remaining natural areas within the amendment boundary are preserved. Development designs that provide a native habitat buffer between impervious areas and drainage features, including stormwater management areas with reduce any offsite impacts. Compensating floodplain storage areas should be located and designed in coordination with the Florida Department of Environmental Protection and the South Florida Water Management District. RECREATION AND OPEN SPACE Policy 9.1.1.1: Level of Service for Recreation and Open Space shall be as follows: Community Parks: 5 acres/1000 residents in the unincorporated area. Regional Parks: 5 acres/1000 residents countywide The proposed amendment has been determined not to conflict with this element. Locating residential units in this area will provide for the efficient use of these recreational facilities. Recreation and Open Space Level of Service demands are based on the 2000 Census reported persons per household of 2.47 and the 244 maximum dwelling units allowed under the proposed Future Land Use designation of RU, the resultant population '-' "'" March 10,2004 Page 12 Petition: BJK, Inc. File Number: PA-03-007 estimate for the amendment site is 603 persons. Maximum development of the amendment site under the RU classification would require 3.01 acres of recreational and open space lands to meet the level of service standards for community parks (5 acres per 1,000 persons). The 48.72 acre project site contains sufficient land area to accommodate the recreation needs of it's future residents and is within close proximity to recreational areas proposed as part of the Ten Mile Creek Water Preserve Area and the County's Environmentally Significant Lands Program. INTERGOVERNMENTAL COORDINATION ELEMENT The proposed amendment has been determined not to conflict with this element. CAPITAL IMPROVEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. Policy 11.1.4: No right to obtain final development order, nor any other rights to develop (B)(3)(b) the subject property have been granted or implied by the County's approval of the preliminary development order without determining the capacity of public facilities. Sufficient capacity is expected to be available to service the proposed amendment site. Approval of the requested Future Land Use change is a preliminary development order and as such does not reserve public facility capacity for the subject property. Prior to the issuance of any Final Development Order a Certificate of Capacity must be obtained to ensure adequate facilities and capacities are available concurrent with development. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The following goals and policies of the State Comprehensive Plan apply to this amendment: WATER RESOURCES. 187.201 (7)(a) Goal: Florida shall assure the availability of an adequate supply of water for all competing uses deemed reasonable and beneficial and shall maintain the functions of natural systems and the overall present level of surface and ground water quality. Florida shall improve and restore the quality of waters not presently meeting water quality standards. The proposed amendment is not expected to reduce the quantity or quality of the area's water resources nor is the slight increase in density expected to place increased development pressure on the natural systems, including Ten Mile Creek. Future development of the site must comply with the County's shoreline protection standards that prohibit development activities or shoreline alteration along the Ten Mile Creek shoreline, including the alteration of native vegetation and habitat, unless such alterations are associated with access points to the waterway. Public lands purchased for the preservation and restoration of the waterway border a portion of the subject site. \.if "'" March 1 0, 2004 Page 13 Petition: BJK, Inc. File Number: PA-03-007 The applicant intends to propose residential development through the PUD process that allows clustering of units to avoid impacts to on-site and off-site water resources. Any final development order would require the concurrence of the South Florida Water Management District. The previously cleared agricultural lands within the amendment site will provide sufficient lands for future residential development and associated infrastructure without impacting on-site water resources. NATURAL SYSTEMS AND RECREATIONAL LANDS.187.201 (9)(a) Goal: Florida shall protect and acquire unique natural habitats and ecological systems, such as wetlands, tropical hardwood hammocks, palm hammocks, and virgin longleaf pine forests, and restore degraded natural systems to a functional condition. The subject lands contain few natural areas and are not expected to result in the loss of natural habitats. LAND USG 187.201(16){a) Goal: In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. Representatives have indicated that sufficient capacity is currently available from St. Lucie County through an agreement to provide water and wastewater from the Port St. Lucie system. Prior to the issuance of any Final Development Order, a Certificate of Capacity indicating that all adequate infrastructure services are available is required. Central water and sanitary sewer facilities required for any future development proposal along with stormwater management, roadway, and other public facilities are the responsibility of the developers and not the local government. The amendment site is bordered on the north by an intrastate highway (SR 70) that will provide easy access to streets interior to the development project and provide direct access to an emergency evacuation route (SR 70), which connects, to the Florida Turnpike and 1-95. The proposed amendment to the future land use classification is not expected to adversely affect the quality of life in the immediately surrounding area. The proposed amendment site is within an area with existing or proposed public facilities sufficient to support residential development. PUBLIC FACILITIES. 187.201 (18)(a) FS: Florida shall protect the substantial investments in public facilities that already exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient manner. The amendment would maximize the efficient use of the existing and proposed public facilities in furtherance of this state goal. TRANSPORTATION. 187.201(20)FS: directs future transportation improvements to aid in the management of growth and promotes an intermodal transportation system. The proposed amendment is consistent with and furthers this goal. An analysis of the impact of the proposed amendment on effected roadways has been provided. The applicant's Traffic Impact Statement is based upon a "worst-case" traffic generation for '-' -...I March 10,2004 Page 14 Petition: BJK, Inc. File Number: PA-03-007 the site utilizing the maximum allowed density under the proposed RU Future land Use classification. The analysis indicates that an additional 147 single-family dwelling units would not reduce the level of service on State Route 70. If the site were developed for multifamily purposes, the trip generation would be reduced from the single-family demand that was utilized in the traffic analysis. The proposed amendment is consistent with and furthers this goal. An analysis of the impact of the proposed amendment on effected roadways has been provided. The proposed amendment lands are located adjacent to a State Highway and emergency evaluation route. CONSISTENCY WITH THE REGIONAL COMPREHENSIVE POLICY PLAN The following are the primary regional goals and polices that apply to this petition: Strategy 1.1.2: Promote compatibility of urban areas, regional facilities, natural preserves and other open spaces. The proposed amendment furthers this goal. The proposed change in future land use provides for an increase in density in the urban area where existing public facilities are being extended. The amendment provides for the efficient use of regional facilities and allows slightly higher residential densities in close proximity to existing and proposed retail, education and employment centers. Policy 8.1.1.1: All development should take place concurrent with or after the provision of necessary infrastructure and services. The proposed amendment site is located in an area where the necessary water, wastewater are currently being extended and roadway capacity is currently available. Development of residential units on the site encourages the location of housing units within close proximity to major employment sectors to facilitate any future transit system and to provide convenient access to emergency evacuation routes. CONCLUSION Based upon the information provided, staff has found the proposed land use change to be consistent with the Goals, Objectives and Policies as set forth in the County's Comprehensive Plan. Staff also finds the proposed amendment is consistent with and furthers the State Comprehensive Plan and the Regional Policy Plan. The proposed Future land Use Classification change would slightly increase residential densities in the urban area and thereby further goals to provide for a compact urban form and reduce vehicular trips through the use of a multi-modal transportation system. Staff recommends the Commission authorize transmittal of the BJK, Inc. petition for a change in Future land Use classification from RS (Residential Suburban) to RU (Residential Urban) to the Florida Department of Community Affairs for review under Chapter 163, Florida Statutes. 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Q) ë: û: õ ~ G . - - . - - CO . o 9 C't') o m Q) (¡j « () a.. 'õ m c:_ .- Q) .J( c:~ \JV Q> ~ "'- ~ü 1- a.Q) o mE 9 ~~ I-~~~ ~ ....." () ~ .....~ z t ¡,I, III r:1 ª Ilf li . I! i' , i- IJ~ ~ "Pi J ~ II! ".!Ii ¥ .iI ~" ~ II! r c. ,. è ~ II! í!li :l 'fl i, ~ (\ 'tJ C :J o .c Q) ü .~ Q) C/) c (\ .c ... ::J · · · · · ~ (\ 'tJ c :J o .c ~ Q) (\ Ü 'tJ .~ § a. 0 .c u: Q) Õ E ~ ü ~ . I : I . I I I CJ) Q) êií ü '6cn c_ .- Q) c~ ¥ -" UNOff\C\~t-- SUB1EC't 'to ate. _ fl'l'l\O'4~ AGENDA ITEM 10: BJK. INC. - FILE NO. PA-03-007: Ms. Diana Waite, presenting Staff comments stated that Agenda Item # 10 was the application of BJK Inc., for a change in the Future Land Use Designation from RS (Residential Suburban - 2 du/ac) to RU (Residential Urban - 5 du/ac) on 49-acres located about Y2 mile west of the Florida Turnpike, between State Route 70 and natural areas located along Ten Mile Creek. The amendment site contains land recently cleared of an abandoned citrus grove. She continued that the amendment site's current future land use designation allows residential uses up to 2 du/ac or 99 total dwelling units. Approval of the proposed change to RU would allow up to 5 dwelling units per acre or 248 total dwelling units and limited commercial and institutional uses. The future land use application package includes a Traffic Impact and Environmental Statement that was utilized to evaluate the proposed future land use amendment. Ms. Waite stated that the amendment site is part of a larger development site with the remaining 316.40 acres retaining their existing RS Future Land Use designation. The entire 366-acre site is planned for development through the County's Planned Unit Development process. An extension of the western portion of the development site's Urban Service Area Boundary line is the subject of P A-03-008. The PUD is proposed to include approximately 800 dwelling units, consisting of single-family homes and multi- family units, limited commercial and recreational uses. A change in future land use for the subject 49 acres would allow slightly higher residential densities that can be distributed through the entire 366-acre PUD site. Ms. Waite stated that the proposed change to the County's Future Land Use Map will provide for urban land use densities adjacent to the MXD-Crossroads Future Land Use area that includes a variety of uses, including residential, commercial and industrial uses. The amendment site is part of a larger parcel that contains land zoned RlC (Residential Conservation) along Ten Mile Creek. Based upon the information provided, staff has found the proposed land use change to be consistent with the Goals, Objectives and Policies as set forth in the County's Comprehensive Plan. Staff also finds the proposed amendment is consistent with and furthers the State Comprehensive Plan and the Regional Policy Plan. The proposed Future Land Use Classification change would slightly increase residential densities in the urban area and thereby further goals to provide for a compact urban form and reduce vehicular trips through the use of multi-modal transportation facilities. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of approval and that the petition be transmitted to the Florida Department of Community Affairs for further review. Chairman McCurdy questioned if the applicant was present. Mr. Mike Houston, Houston Cuozzo Group, stated that they were representing the applicant, BJK, Inc. He stated that this property has been in the planning process for quite a while. He advised that both this and the next item were intended to lay the ground work for their master PUD (Planned P&Z / LPA Regular Meeting February 19, 2004 Page 29 of 34 UNOffICIAL- SUBJECT TO PLANNING & ZONlN8 COMMISSION APPROVAl Unit Development), which would provide a mix of residential uses, small village commercial, and community recreational. He continued that it is a unique site where the creek would become a major element in the planning of that site. He stated that this request is a change from two units to the acre to three. He continued that the previous project discussed is along their projects eastern boundary. He also complimented staff and their report on the land use amendment. He stated that this project is slightly less than a mile from the turnpike entrance and they want to provide a variety of housing products with low densities. He continued that he or Butch Terpening from Culpepper and Terpening were there to answer any questions. '-' ...., Mr. Grande questioned how this project relates to the current urban service boundary. Ms. Waite explained that this portion of the project is within the urban service boundary. Ms. Hammer questioned if an agreement for water and wastewater with the Port St. Lucie system was in place as stated on page 13 of the staff report. Mr. Butch Terpening from Culpepper and Terpening stated that they have not yet executed an agreement by the Board of County Commissioners but they are currently in discussions about it. Mr. Lounds questioned where the State preserve was in relation to both of these properties. Mr. Terpening stated that the lO-Mile Creek attenuation basin, which is about 1,100 acres, is directly south of the property. He continued that they have been working with the County and the State to have joint utilization of and development of amenities. . Mr. Hearn questioned if the applicant owned all of the property between the cross hatched areas. Mr. Terpening stated that they do own all of that property, but those areas are not being included in this request. Ms. Hammer questioned what type of guarantee they had that if this request is approved that the applicant would not utilize the 5 units per acre that is allowed under the new land use. Ms. Waite explained that this request for RU (Residential Urban) land use only applies to 49 acres of the site. Ms. Hammer questioned how increasing the density would reduce trip generations as stated in the staff report. Mr. Houston stated that the multi- family homes proposed would generate fewer trips than single-family homes. Ms. Hammer questioned if the roads would be installed prior to building. Mr. Kelly explained that would be addressed during the site plan process. Ms. Hammer questioned what kind of impact this would have on schools. Mr. Kelly explained that there is a methodology for calculating this and it is the same one used to calculate impact fees. Chairman McCurdy opened the Public Hearing. Mr. Paul Gagnon, 9864 Okeechobee Road, stated that he lives across from the second portion of this project, complimented Mr. Kosar on the project, and stated he was in favor of this request. Seeing no one else, Chairman McCurdy closed the Public Hearing. P&Z I LPA Regular Meeting February 19, 2004 Page 30 of 34 UNûFflCIAL- SUBJECT TO PLANNING & ZONl. COMMISSION APPROVAL Mr. Merritt stated that after considering the testimony presented during the public hearing, including staff comments, I hereby move that the Local Planning Agency of St. Lucie County recommend that the St. Lucie County Board of County Commissioners grant approval to the application of BJK, Inc., for a Change in Future Land Use Designation from RS (Residential Suburban) to RU (Residential Urban) and transmit the petition to the Florida Department of Community Affairs for review because this tits the nature of the area and improves the area. '-' -...I Motion seconded by Ms. Morgan. Upon a roll call vote the motion was approved with a vote of 7·1 (with Ms. Hammer voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. P&Z I LPA Regular Meeting February 19, 2004 Page 31 of 34 ~ ....,¡ JI 1._ BOARD OF COUNTY COMMISSIONERS ~=r.~eJt:1 E --, COUNTY}",. F LOR I D A ' ..,;-, . . COMMUNITY DEVELOPMENT DIRECTOR March 2, 2004 In accordance with the S1. Lucie County Land Development Code, you are hereby advised that BJK INC., has petitioned S1. Lucie County for a Change in Future Land Use Classification from RS (Residential Suburban) to RU (Residential Urban) for the following described property: Location: South side of Okeechobee Road (SR-70), 1/2 mile west of Gordy Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The second public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on March 16, 2004, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-1577 if you have any questions, and refer to: File Number PA-03-007. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS /~ /,V; . ! /Î_{. b-1..-/ <' r~' ¿,L J(..¿.,(.-(..~ éJ ,- Paula Lewis, Chair JOHN D. ßRUHN. District No 1 . DOUG COWARD. District No.2' PAULA A. LEWIS, District NO.:3 . FRANNIE HUTCHINSON, District NO.4' CLIFF ßARNES. Disrrict NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 · GISfTechnical SeNices: (772) 462-1553 Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourist/Convention: (772) 462-1529 · Fax: (772) 462-2132 www.co.st-Iucie.fl.us '-' ...",¡ Local Planning Agency Review: 02/19/04 File Number PA-03-007 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: FROM: Local Planning Agency Planning Manager Qf'- DATE: February 11, 2004 SUBJECT: Application of BJK Inc., for a Change in Future Land Use Designation from RS (Residential Suburban - 2 du/ac) to RU (Residential Urban - 5 du/ac) LOCATION: South Side of Okeechobee Road (SR 70), approximately ~ mile west of the Florida Turnpike. CURRENT FUTURE LAND USE DESIGNATION: RS (Residential Suburban - 2 du/ac) PROPOSED FUTURE LAND USE DESIGNATION: RU (Residential Urban - 5 du/ac) EXISTING ZONING: AG-1 (Agricultural Residential - 1 du/ac) PROPOSED ZONING: PUD (Planned Unit Development) PARCEL SIZE: 49 acres PROPOSED USE: SURROUNDING ZONING DESIGNATIONS: Residential AG-1 (Agricultural - 1 du/ac) to the east and west. RC (Residential Conservation) to the south, and AG-2.5 (Agricultural - 1 du/2.5ac) to the north, across State Route 70. SURROUNDING LAND USE DESIGNATIONS: RS (Residential Suburban - 2 du/ac) to the north, east, and west. RC (Residential Conservation) to the south. SURROUNDING EXISTING LAND USES: Citrus groves, vacant land, public preserves and a single-family home surround the parcel. The Ten ~ ~ February 11, 2004 Page 2 Petition: BJK, Inc, File Number: PA-03-007 Mile Creek Attenuation Facility is located on the south side of Ten Mile Creek. UTILITY SERVICE: Water and Sewer lines are located along Okeechobee Road (SR 70). TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: Okeechobee Road (SR 70) is a 200-foot wide State owned right-of-way. SCHEDULED IMPROVEMENTS: Construction on a recreational path along SR 70 will begin within the next 12- 16 months. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. COMMENTS The petitioner, BJK Inc., is requesting a change in the Future Land Use Designation of RS (Residential Suburban - 2 du/ac) to RU (Residential Urban - 5 du/ac) on 49-acres located about ~ mile west of the Florida Turnpike, between State Route 70 and natural areas located along Ten Mile Creek. The amendment site contains land recently cleared of an abandoned citrus grove. The entire site is located within the historic 100-year floodplain of Ten Mile Creek. The amendment site's current future land use designation allows residential uses up to 2 du/ac or 99 total dwelling units. Approval of the proposed change to RU would allow up to 5 dwelling units per acre or 248 total dwelling units and limited commercial and institutional uses. The future land use application package includes a Traffic Impact and Environmental Statement that was utilized to evaluate the proposed future land use amendment. The amendment site is part of a larger development site (See Exhibit A), with the remaining 316.40 acres retaining their existing RS Future Land Use designation. The entire 366-acre site is planned for development through the County's Planned Unit Development process. An extension of the western portion of the development site's Urban Service Area Boundary line is the subject of PA-03-008. The PUD is proposed to include approximately 800 dwelling units, consisting of single-family homes and multi- family units, limited commercial and recreational uses. A change in future land use for the subject 49 acres would allow slightly higher residential densities that can be distributed through the entire 366-acre PUD site. The proposed future land use amendment is a preliminary development order and does not imply that any specific development scenario can occur on the property but allows the developer to seek development of the property for multi-family uses. No right to obtain a final development order, or any other rights to develop the subject property have been granted or implied by the County if the requested Comprehensive Plan \..r '-' February 11, 2004 Page 3 Petition: BJK, Inc. File Number: PA-03-007 amendment is approved. Prior to the issuance of any final development order, the developer must demonstrate that all public facilities are available to service the parcel and obtain a Certificate of Capacity. +++++++++++++++++++++++++++ Any proposed amendment to the St. Lucie County Comprehensive Plan may be reviewed by several state and regional agencies. The Department of Community Affairs is charged with determining whether amendments are consistent with and further the St. Lucie County Comprehensive Plan, the State Comprehensive Plan, the Strategic Regional Policy Plan and Rule J-5, Florida Administrative Code. The following sections address the proposed amendment's consistency with each of these plans respectively. CONSISTENCY WITH THE ST. LUCIE COUNTY COMPREHENSIVE PLAN In reviewing this application for a proposed amendment to the St. Lucie County Future Land Use Map, staff finds that the following Goals, Objectives, and Policies of the County Comprehensive Plan are the primary components applicable to this petition. FUTURE LAND USE ELEMENT The proposed amendment does not conflict with the goals, objectives and policies of this element. The application states "the proposed amendment will help ensure a high quality of environment by allowing the comprehensive planning, design and construction of a unique community, which will blend a variety of housing choices with a large passive recreation and preservation area along Ten Mile Creek." The proposed change to the County's Future Land Use Map will provide for urban land use densities adjacent to the MXD-Crossroads Future Land Use area that includes a variety of uses, including residential, commercial and industrial uses. The amendment site is part of a larger parcel that contains land zoned RlC (Residential Conservation) along Ten Mile Creek. The Future Land Use Element describes the requested RU (Residential Urban) classification as "the predominate residential land use category in the county" The RU designation is 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." The subject lands are located within a % mile of the Florida Turnpike mixed use area and in an area of the County where central water and sewer services are being extended. The Ten Mile Creek Water Preserve Area and County preservation and restoration projects are located adjacent to the project. The developer is coordinating with local and regional staff to provide a linked recreational trail connecting existing and proposed public lands that surround the larger project. There is also a portion of the natural course of Ten Mile Creek in the southern portion of the project that was cutoff from the main channel when the river was dredged and straightened for drainage control purposes in the 1940's. These areas are expected to be preserved and enhanced through the overall development of this project. ~ -.I February 11, 2004 Page 4 Petition: BJK, Inc. File Number: PA-03-007 Objective 1.1.5: In coordination with the other elements of this plan, future development within the Planned Urban Service Area shall be directed to areas where urban and community services/facilities can be provided in the most efficient and compact manner so as to discourage the proliferation of urban sprawl. The proposed amendment discourages sprawl, pursuant to this Objective, and Section 9J-5.006(b)(7), FAC. Urban sprawl is discouraged by the proposed amendment's location within the existing urban service boundary and its close proximity to urban facilities and employment centers. The proposed amendment would further this objective. The proposed amendment, when combined with the other 310 acres of the proposed project will allow development of the site in a moderate density range of two to three units per acre. The site's close proximity to transportation and employment centers may reduce future home to work trips on the County's roadways. Urban and community services currently exist or will be available in the State Route 70 coordinator concurrent with the development of the project. Representatives of the petitioner have indicated that sufficient water and wastewater capacity is currently available from St. Lucie County. Prior to the issuance of any Final Development Order, a Certificate of Capacity indicating that all adequate infrastructure services are available is required. Central water and sanitary sewer facilities required for any future development proposal along with roadway, and other public facilities are the responsibility of the developers and not the local government. St. Lucie County is extending a water and sewer line along State Route 70 to service the Seminole Tribal Communities Hawks Nest project west of the amendment site. State Route 70 borders the amendment site on the north, thereby providing easy access to major arterials and emergency evacuation routes. Policy 1.1.5.3: When considering any amendment to the Future Land Use Maps of the County's Comprehensive Plan, the County Commission shall make the following findings, supported by the other elements of this Plan, prior to taking any approval actions granting an individual amendment to the Future Land Use Maps: a. That the property under a land use amendment application is adjacent to, or within no more than Y4 mile of the same or greater type of land use classification. The proposed RU Future Land Use classification is located within ~ mile of the MXD-Crossroads (Mixed Use-Crossroads) Future Land Use classification to the east. MXD allows residential densities greater than the five dwelling units per acre permitted under the requested RU Future Land Use classification. In addition, COM (Commercial) Future Land Use classification is located directly north of the amendment site, on the north side of State Route 70. b. That the property under land use management consideration lies within the Five Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County or otherwise meets the requirements of Policy 1.1.5.4. '-' ...,; February 11, 2004 Page 5 Petition: BJK, Inc. File Number: PA-03-007 The project lands are within the County's utility service area and water and sewer lines are being extended to serve the Seminole community west of the amendment lands. Goal 1.2: Recognize that land use and transportation must be considered concurrently in all planning, and to the extent feasible, modify current land use patterns to decrease dependence on the automobile in order to minimize the need for future roadway expansion and promote the use of alternate modes of transportation. Providing higher densities in close proximity to existing and proposed employee, retail and recreational areas will further the County's directives to promote the use of alternative modes of transportation. Policy 1.1.9.7: Enforce Section 6.02.02 of the land development regulations to protect the watercourses identified below: North Fork of the St. Lucie River - from the Martin County line to the confluence with Five & Ten Mile Creeks Five Mile Creek - from the confluence of the North Fork of the St. Lucie River to the Florida East Coast Railroad, Glades Cut-Off Branch Line. Ten Mile Creek - from the confluence of North Fork of the St. Lucie River to McCarty Road. (Beyond these points, channelization effects are so great that natural course and habitat are lost) Section 6.02.02 contains the County's Shoreline Protection standards creating zones limiting development activities along Ten Mile Creek. The boundaries of the waterways are broadly construed to include natural fingers and oxbows, including man made enhancements for boat channels. A portion of the amendment site appears to be located along the historic Ten Mile Creek waterway, approximately 400 feet north of the Creek channel. The required Environmental Impact Report will identify any waterways or fingers on the project site and the limiting development zone. The remaining natural floodplain wetlands along the creek contain a remnant oxbow identified for reconnection within the Feasibility Study for the Reconnection of Wetlands and Oxbows along the North Fork of the S1. Lucie River (FDEP, 2003). Any future compensating floodplain storage or mitigation should be directed towards reconnection of the historic waterway to the main channel of the Creek in furtherance of the above directive. Policy 7.1.6.8: By December 31,2002, the County shall enact regulations that will further protect the integrity of sites identified by St. Lucie County as significant resources. At a minimum the regulations shall provide that: a. No existing archaeological sites shall be excavated, scarped, leveled, or altered without supervision of a profession archaeologist utilizing acceptable techniques; b. An archaeological survey may be required as part of development reviews; ~ "-ttI February 11, 2004 Page 6 Petition: BJK, Inc. File Number: PA-03-007 c. If evidence of historical or archeological value is exposed through construction or site preparation, work on that location will be temporarily suspended until evaluation by the County or their designees. Several archaeological sites are located within close proximity of the amendment lands. The Williams Midden, State Site File No.8Sl7, and the Ten mile Creek Water Preserve Area Critical Restoration Project is located to the south of the site along Ten Mile Creek. During the recent survey of the Ten Mile Creek Water Preserve Area four prehistoric archaeological sites and two isolated finds were identified during the survey that were documented as important in determining the prehistory of the region. Based on the results of the survey, it was recommended that all four resources be considered eligible for inclusion on the NRHP. The archeological survey of the Ten Mile Creek Attenuation project lands consisted of a survey of grove lands along the Ten Mile Creek system found numerous archaeological resources. Given the above and the location of the property within a two archaeological zones likely to contain archaeological sites (Archaeological and Historical Conservancy, 2002), an archeological survey will be requested as part of any development approvals. As part of site plan review, the project lands should be evaluated for the presence of archaeological material and the historical status of the two homes on the site determined. TRAFFIC CIRCULATION ELEMENT The applicant submitted a Traffic Impact Statement based upon a "worst-case" traffic generation rate for residential uses under the proposed future land use classification. The traffic analysis contrasting the trip generation potential of the proposed land use verses the existing land use demonstrates a potential reduction in trips that could be generated from the site. If developed for multifamily purposes, the trip generation would be further reduced. Policy 2.1.1: The St. Lucie County transportation system shall be reviewed in coordination with any requested changes to the Future Land use Element or other related components of this plan. A report on the impacts to the system brought about by any proposed land use changes shall be prepared and presented to the Board of County Commissioners as part of the review of that Land Use change. The applicant has provided a Traffic Statement as part of the Future land Use amendment application. An updated report will be required before any final development order approval is obtained. The proposed change in Future land Use designation from RS (2 du/ac) to RU (5 du/ac) would result in the potential to develop the amendment site with an additional 149 dwelling units, resulting in 1,572 vehicle trips per day. The maximum number of residential trips under the existing and proposed Future Land Use designation was distributed on the affected roadways segments as proposed within the applicants Traffic Statement. Ninety percent of future trips are expected to occur to the east towards the interstate system and the City of Fort Pierce. These trips were added to the existing volumes on each roadway link within the study area to determine the effective Volume/Capacity Ratio of the proposed amendment. As shown below, the Capacity and '-' ..., February 11, 2004 Page 7 Petition: 8JK, Inc. File Number: PA-03-007 lOS analyses indicate that the proposed change in land use will not significantly reduce the level of service upon the affected segments if development occurred at this time. The Pre and Post level of Service was determined for both the maximum development under the existing and proposed Future land Use designations. The results are summarized below: Roadway Link Existing Volume/Capacity - Volume/Capacity· Volume/LOS LOS RE FLU LOS RU FLU (Spring 2003) Development Development SR70 (West of Site) 7,000/8 7,088/8 7,239/8 SR 70 (East of Site) 7,000/8 7,796/8 9,152/8 2002 FDOT Quality/Level of Service Handbook The Metropolitan Planning Organization staff stated that although Spring 2003 traffic counts west of the Florida Turnpike on Okeechobee Road (SR 70) indicate Level of Service (lOS) B, counts at stations east of the Turnpike and east/west of 1-95 indicate lOS C. Traffic counts on Kings Highway (SR 713), just north of Okeechobee Road also indicate lOS C. Although the applicant's traffic summary does not distribute vehicles on these roadways, the additional trips are not expected to lower the level of Service below the adopted standard of lOS D on these roadways. The project's traffic distribution on segments within a two-mile radius will be required before any final development order approval. The long Range Transportation Plan and Adopted FDOT Work Program for FY 2003/04-08 includes adding lanes to accommodate increased traffic on Okeechobee Road east of the Florida Turnpike. The FDOT study entitled "Okeechobee Road Planning and Conceptual Engineering (PACE) Study Need Statement notes that the section between Florida's Turnpike and 1-95 currently experiences congestion and is perceived to be dangerous by local stakeholders. The proposed change in Future land Use will increase the trip generation potential by 1,572 trips per day. This will not cause level of Service problems on the sections of SR 70 west of the Turnpike. However, at such time as a formal development application is submitted, the applicant may need to address any impact on SR 70 east of the Turnpike. That section of SR 70 is currently at lOS C and the impacts of this project has not been estimated on that section of SR 70 at this time. . HOUSING ELEMENT The proposed amendment has been determined not to conflict with this element. Objective 5.1.2: In order to facilitate the development of industries (industrial and commercial) providing numerous positions, the County shall encourage the development of housing conducive to the attraction of these new industries and which have been identified as a need within St. Lucie County. ~ ...., February 11, 2004 Page 8 Petition: BJK, Inc. File Number: PA-03-007 The proposal will provide higher densities in close proximity to existing and proposed employee centers will further this objective. INFRASTRUCTURE ELEMENT The proposed amendment has been determined not to conflict with this element. A Certificate of Capacity showing all necessary infrastructure improvements will be available as required prior to obtaining any Final Development Order. Sanitary Sewer Sub-Element The proposed amendment has been determined not to conflict with this element. Solid Waste Sub-Element The proposed amendment is not in conflict with this element. The County's Solid Waste facility currently has a 37-year capacity based upon current usage and would have sufficient capacity to service the maximum density of the proposed Future Land Use amendment and not reduce the Level of Service (LOS) standards for the County's solid waste facility as set forth by Policy 68.1.1.1. Drainage and Aquifer Recharge Sub-Element The proposed amendment does not conflict with this sub-element. Objective 6C.1.3. The County shall enforce existing Land Development Regulations, which support the protection and maintenance of the natural functions (flow and storage) of the 100-year floodplain and other natural drainage features. The amendment site is entirely located within the 100-year floodplain of Ten Mile Creek. Although the amendment site has been cleared and numerous drainage canals constructed to allow past agricultural activities, any development on the project site will have some impact on the Creek's floodplain. Future development of the site will require any remaining natural drainage features (flows and storage) to be maintained. Any remaining natural features should be preserved/enhanced. Any future development proposals will require compliance with the County's Shoreline Protection and Flood Damage Prevention Standards, which are intended to control the alteration of natural floodplains and natural protective barriers. The amendment site's southern boundary is adjacent to RlC (Resource Conservation) classified lands along the north side of Ten Mile Creek. Based upon maps in the Feasibility Study for the Reconnection of Wetlands and Oxbows along the North Fork of the St. Lucie River, indicating the historic creek's location, the southern portion of the amendment site appears to be adjacent to a small finger of the historic waterway that has been cutoff from the main Creek channel. The Feasibility Study for the Reconnection of Wetlands and Oxbows along the North Fork of the St. Lucie River identified two oxbow and wetland reconnection alternatives in '-' '..", February 11, 2004 Page 9 Petition: BJK, Inc. File Number: PA-03-007 or adjacent to the larger project. Any compensation required for the loss of floodplain functions on the amendment site should be directed towards the identified oxbow reconnection and wetland restoration projects to assist with the reconnected of these two oxbows. Coordination with the Florida Department of Environmental Protection and the South Florida Water Manager District should be sought to provide compensating floodplain wetlands storage that enhances overall restoration efforts along Ten Mile Creek. The extent to which any natural drainage features remain on site will be determined through an Environmental Impact Report that is required as part of any future development application. The proposed change in future land use is not expected to place additional development pressures on the remaining natural resources but rather provides for a slight increase in residential units that could be distributed throughout the entire 366-acre project through the PUD process. Potable Water Sub-Element The proposed amendment has been determined not to conflict with this element. The applicant has reported that St. Lucie Utilities will provide both potable water and sanitary sewer service to the site. A 12" water main will be located on the north side of SR 70 and an 8" sewer line on the south side. These water and sewer services are currently being extended to service the Seminole Tribal Communities Hawks Nest project just west of the subject site. Prior to any Final Development Order approvals, the applicant would need to demonstrate that sufficient capacity is available to service the project. COASTAL MANAGEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. The proposed amendment is not expected to increase the threat of adverse impacts in the coastal area. Although, the proposed change will increase the potential number of residential units on the subject site, if any remaining natural features are retained and development of the site does not encroach into the County's Shoreline Preservation Zones, as set forth in the Land Development Code, natural resources will be protected. The amendment site is located along the natural buffer areas of Ten Mile Creek, a natural tributary of the North Fork of the St. Lucie River. The South Florida Water Management District owns lands adjacent to the site as part of their efforts to protect natural floodplain areas and restore the quality of water in Ten Mile Creek and downstream waterways. Ten Mile Creek and downstream water bodies have been targeted by local, state and federal agencies for preservation, restoration. Sufficient buffers should be provided between any developable areas of the amendment site and the adjacent public lands to eliminate the potential of adverse impacts to public lands and surface waters. Policy 7.1.3.3: The County shall cooperate with the appropriate regulatory and management agencies to implement comprehensive and coordinated management plans of the Indian River Lagoon in order to improve the biological health of the Lagoon. \w' ." February 11, 2004 Page 10 Petition: BJK, Inc. File Number: PA-03-007 The amendment site is included within the South Florida Ecosystem Restoration Plan and the Indian River Lagoon Resistibility Plan as a natural area restoration site. Joint state, regional and federal agencies have funded a feasibility study that identified an oxbow just south of the amendment site that would have been cut off from the main Creek channel during dredging activities and is proposed for restoration. Any future development plans should be designed in conjunction with State staff to ensure the restoration efforts are not inhibited. Objective 7.1.4: St. Lucie County shall strive to obtain or maintain water quality and trophic state index classifications of "good" for the Indian River Lagoon, Five Mile Creek, Ten Mile Creek, and the North Fork of the St. Lucie River. The County shall enact appropriate regulations that provide for the maintenance or improvement of water quality. The slight increase in residential density is not expected to result in additional development pressures on the remaining natural features or further degrade the adjacent waterway. A significant portion of the Ten Mile Creek river course and floodplain is isolated from the creek's main branch because of dredging that occurred in the 1920-40's. This resulted in a significant loss of floodplains and oxbow's being cut off from the main water channel, reducing the Creeks ability to naturally store waters and filter nutrients. The riverine dredging and subsequent land use intensification resulted in degradation of the quality of water in Ten Mile Creek and downstream waterbodies, including the St. Lucie Estuary. The Feasibility Study for the Reconnection of Wetlands and Oxbow along the North Fork of the North Fork St. Lucie River is part of the Indian River Lagoon (IRL) Feasibility Study, our area's portion of the Everglades Comprehensive Plan. To accelerate this portion of the IRL project, several state and federal agencies funded Florida Department of Environmental Protection pilot studies and a feasibility study of the reconnection of wetland and oxbow along the North Fork of the St. Lucie River and it's major tributaries, Five Mile and Ten Mile Creeks. Coordinating with the Florida Department of Environmental Protection and the South Florida Water Management District regarding any required compensating floodplain storage locations designs and mitigation requirements could further the above objective. CONSERVATION ELEMENT The proposed amendment is consistent with the goals, objectives and policies found within the conservation element. Goal 8.1: The natural resources of St. Lucie County shall be protected, appropriately used, or conserved in a manner which maximizes their function, and values. The proposed amendment site is located just north of the Ten Mile Creek shoreline, the largest natural tributary to the North Fork of the St. Lucie River. The RlC Future Land Use classification between the Creek's shoreline and the amendment site and strict enforcement of the County's Natural Resource Protection Standards should protect the adjacent natural areas and public lands from adverse impacts. \w' """" February 11, 2004 Page 11 Petition: BJK, Inc. File Number: PA-03-007 Policy 8.1.1.2: St. Lucie County shall facilitate development that maximizes energy efficiency and sustainability. This should include techniques that will reduce the total fossil fuel energy required to build and maintain urban land uses. This shall include standards that promote mixed land use patterns, urban infill, public transit and provide non-motorized interconnections between land use types to reduce auto dependence and vehicle miles traveled. Providing for urban land use densities within the urban service area will further this policy. The site's close proximity to major educational, retail and employment sectors can be expected to reduce the vehicle miles traveled. Non-motorized and public transit facilities within the proposed development site, proposed employment centers and future improvements to adjacent roadways to accommodate non-motorized users, including public transit would fully address this policy. Policy 8.1.3.1: The County's land development regulations shall include the use of programs to protect or maintain floodplain, such as reduced parking, conservation easements, cluster site plan and micrositing of buildings. The County shall continue to strictly enforce regulations that direct development away from the floodplains and provide upland buffers along the floodplain. Prior to any development approval an Environmental Impact Report will be required that will identify any areas on the amendment site that still contain floodplain features or functions. In general, the floodplain that covered much of the amendment site has been lost from past clearing and drainage activities. Residential development on the site can occur with little or no impact to the remaining natural resources and adjacent waters if the development and accessory facilities are located outside of any area containing natural floodplain functions (storage or flow) and any remaining natural areas within the amendment boundary are preserved. Development designs that provide a native habitat buffer between impervious areas and drainage features, including stormwater management areas with reduce any offsite impacts. Compensating floodplain storage areas should be located and designed in coordination with the Florida Department of Environmental Protection and the South Florida Water Management District. RECREATION AND OPEN SPACE Policy 9.1.1.1: Level of Service for Recreation and Open Space shall be as follows: Community Parks: 5 acres/1000 residents in the unincorporated area. Regional Parks: 5 acres/1000 residents countywide The proposed amendment has been determined not to conflict with this element. Locating residential units in this area will provide for the efficient use of these recreational facilities. Recreation and Open Space Level of Service demands are based on the 2000 Census reported persons per household of 2.47 and the 428 maximum dwelling units allowed under the proposed Future Land Use designation of RH, the resultant population estimate for the amendment site is 1,312 persons. Maximum development of the amendment site under the RU classification would require 6.56 acres of recreational and open space lands to meet the level of service standards '-' ...." February 11, 2004 Page 12 Petition: BJK, Inc. File Number: PA-03-007 for community parks (5 acres per 1,000 persons). The 49.6 acre project site contains sufficient land area to accommodate the recreation needs of it's future residents and is within close proximity to recreational areas proposed as part of the Ten Mile Creek Water Preserve Area and the County's Environmentally Significant Lands Program. INTERGOVERNMENTAL COORDINATION ELEMENT The proposed amendment has been determined not to conflict with this element. CAPITAL IMPROVEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. Policy 11.1.4: No right to obtain final development order, nor any other rights to develop (B)(3)(b) the subject property have been granted or implied by the County's approval of the preliminary development order without determining the capacity of public facilities. Sufficient capacity is expected to be available to service the proposed amendment site. Approval of the requested Future Land Use change is a preliminary development order and as such does not public facility capacity is reserved for the subject property. Prior to the issuance of any Final Development Order a Certificate of Capacity must be obtained to ensure adequate facilities and capacities are available concurrent with development. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The following goals and policies of the State Comprehensive Plan apply to this amendment: WATER RESOURCES. 187.201 (7)(a) Goal: Florida shall assure the availability of an adequate supply of water for all competing uses deemed reasonable and beneficial and shall maintain the functions of natural systems and the overall present level of surface and ground water quality. Florida shall improve and restore the quality of waters not presently meeting water quality standards. The proposed amendment is not expected to reduce the quantity or quality of the area's water resources nor is the slight increase in density is not expected to place increased development pressure on the natural systems, including Ten Mile Creek. Future development of the site must comply with the County's shoreline protection standards that prohibit development activities or shoreline alteration along the Ten Mile Creek shoreline, including the alteration of native vegetation and habitat, unless such alterations are associated with access points to the waterway. Public lands purchased for the preservation and restoration of the waterway border a portion of the subject site. The applicant has proposed residential development through the PUD process that allows clustering of units to avoid impacts to on-site and off-site water resources. Any final development order would require the concurrence of the South Florida Water Management District. The previously cleared agricultural lands within the amendment ~ ." February 11, 2004 Page 13 Petition: BJK, Inc. File Number: PA-03-007 site will provide sufficient lands for future residential development and associated infrastructure without impacting on-site water resources. NATURAL SYSTEMS AND RECREATIONAL LANDS.187.201 (9)(a) Goal: Florida shall protect and acquire unique natural habitats and ecological systems, such as wetlands, tropical hardwood hammocks, palm hammocks, and virgin longleaf pine forests, and restore degraded natural systems to a functional condition. The subject lands contain few natural areas and are not expected to result in the loss of natural habitats. LAND USE. 187.201(16)(a) Goal: In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. Representatives have indicated that sufficient capacity is currently available from St. Lucie through an agreement to provide water and wastewater from the Port St. Lucie system. Prior to the issuance of any Final Development Order, a Certificate of Capacity indicating that all adequate infrastructure services are available is required. Central water and sanitary sewer facilities required for any future development proposal along with stormwater management, roadway, and other public facilities are the responsibility of the developers and not the local government. The amendment site is bordered on the north by an intrastate highway (SR 70) that will provide easy access to streets interior to the development project and provide direct access to an emergency evacuation route (SR 70), which connects, to the Florida Turnpike and 1-95. The proposed amendment to the future land use classification is not expected to adversely affect the quality of life in the immediately surrounding area. The proposed amendment site is within an area with existing or proposed public facilities sufficient to support residential development. PUBLIC FACILITIES. 187.201(18)(a)FS: Florida shall protect the substantial investments in public facilities that already exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient manner. The amendment would maximize the efficient use of the existing and proposed public facilities in furtherance of this state goal. TRANSPORTATION. 187.201(20)FS: directs future transportation improvements to aid in the management of growth and promotes an intermodal transportation system. The proposed amendment is consistent with and furthers this goal. An analysis of the impact of the proposed amendment on effected roadways has been provided. The applicant's Traffic Impact Statement is based upon a "worst-case" traffic generation for the site utilizing the maximum allowed density under the proposed RU Future Land Use classification. The analysis indicates that an additional 531 single-family dwelling units would not reduce the level of service on State Route 70. If the site were developed for multifamily purposes, the trip generation would be reduced from the single-family demand that was utilized in the traffic analysis. '-r ...,¡ February 11, 2004 Page 14 Petition: BJK, Inc. File Number: PA-03-007 The proposed amendment is consistent with and furthers this goal. An analysis of the impact of the proposed amendment on effected roadways has been provided. The proposed amendment lands are located adjacent to a State Highway and emergency evaluation route. The increased density will assist in the development of an intermodal transportation system. CONSISTENCY WITH THE REGIONAL COMPREHENSIVE POLICY PLAN The following are the primary regional goals and polices that apply to this petition: Strategy 1.1.2: Promote compatibility of urban areas, regional facilities, natural preserves and other open spaces. The proposed amendment furthers this goal. The proposed change in future land use provides for an increase in density in the urban area where existing public facilities are being extended. The amendment provides for the efficient use of regional facilities and allows slightly higher residential densities in close proximity to existing and proposed retail, education and employment centers. Policy 8.1.1.1: All development should take place concurrent with or after the provision of necessary infrastructure and services. The proposed amendment site is located in an area where the necessary water, wastewater are currently being extended and roadway capacity is currently available. Development of residential units on the site encourages the location of housing units within close proximity to major employment sectors to facilitate any future transit system and to provide convenient access to emergency evacuation routes. CONCLUSION Based upon the information provided, staff has found the proposed land use change to be consistent with the Goals, Objectives and Policies as set forth in the County's Comprehensive Plan. Staff also finds the proposed amendment is consistent with and furthers the State Comprehensive Plan and the Regional Policy Plan. The proposed Future Land Use Classification change would slightly increase residential densities in the urban area and thereby further goals to provide for a compact urban form and reduce vehicular trips through the use of multi-modal transportation facilities. Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of approval and that the petition be transmitted to the Florida Department of Community Affairs for further review. Attachment cc: County Administrator County Attorney File ~ .,,¡ February 11, 2004 Page 15 Petition: BJK, Inc. File Number: PA-03-007 Suggested motion to recommend approval/denial of this requested Comprehensive Plan Amendment. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE LOCAL PLANNING AGENCY OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF BJK INC., FOR A CHANGE IN FUTURE LAND USE DESIGNATION FROM RS (RESIDENTIAL SUBURBAN) TO RU (RESIDENTIAL URBAN) AND TRANSMIT THE PETITION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW 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 LOCAL PLANNING AGENCY OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF BJK INC., FOR A CHANGE IN FUTURE LAND USE DESIGNATION FROM RS (RESIDENTIAL SUBURBAN) TO RU (RESIDENTIAL URBAN) BECAUSE. . .. CITE REASON(S) WHY - PLEASE BE SPECIFIC] '--' ...." The RE designation is intended for large lot, single-family detached residential dwellings, at a density of one unit per gross acre. These areas are not required to be served with central utilities, however when at all practical, service connections should be provided. The RE designation is acknowledged as potentially suitable for limited residential development under the following criteria: o All residential development must be in accordance with applicable standards and restrictions as set forth in the Land Development Regulations; o All residential development proposals in excess of 1 0 units must be approved through the Planned Unit Development (PUD) process as provided for in the Land Development Regulations; o Any residential development in excess of 200 acres should be in conjunction with the establishment of a Community Development District, pursuant to Chapter 190, Florida Statutes, for the purpose of providing the necessary infrastructure facilities to support that development; and, o Residential densities are set at a maximum of one (1) unit per one (1) gross acre. RESIDENTIAL SUBURBAN (RS) The Residential Suburban (RS) land use category is intended to act as a transitional area between the agricultural areas and the more intense residential areas in the eastern portion of the County. This category is found predominantly along the western edge of the urban form, but is also appropriate for areas of special environmental concern such as along the North Fork of the St. Lucie River and the Indian River Lagoon. The RS designation is intended for large lot, single-family detached residential dwellings, at a density of one to two units per gross acre. These areas are not required to be served with central utilities, however when at all practical, service connections should be required. RESIDENTIAL URBAN (RU) The Residential Urban (RU) classification is the predominant residential land use category in the County. This residential land use category provides for a maximum density of 5 dwelling units per gross acre. The RU designation is 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. These services may be provided by either a public utility or throuyi, private on-site facilities, as would be permitted in accordance with all applicable regulations. New development in the RU areas car. occur using traditional single-family or multi-family zoning designations or through the Planned Unit Devnlopment process. Underiine is for add~ion :!Itril(6 to¡I'6t1~o¡ n for deletion St. Lucie County Comprehensive Plan 1·29 Future Land Use Adoption: March 5, 2002 c 0 .- ........ CO I.- è' 0 (\j "0 0.. C :::! 0 I.- .0 0 Q) ü 0 '2 Q) (/) CO c (\j .0 -0 :s .- l.- II 0 III II - III LL II « è' (\j "0 c :::! 0 Ü .0 è' C Q) (\j Ü "0 (¡; c ä:: :::! 0 li .0 y: Q) o = J þ E CO G ;r III .. .. II .. .. c:c III a a 1 (Y) a 00 Q) <!: co ü a... i5 COO '-iD oð cü (ï)w :¡::c. J'-.. (\jõ a c.Q) 00'- a ._.0 .J:::::! Q) I f-OO (j) (Y) ~ :J a "0 <!: c (\j a... -! q) (j) a: . œ....., - Z t A: § I!l (./. f ~ hi It'., E ~~J :ì E r . , @ ill ..~ . a lH ~!!. ¥.¡j ~ C) a I ! "ì !! í. ., Q. " í~ ~ Iii ,íl !~ c o ...-I Cd "- o 0.. "- o o Cd -0 "- o LL « ü c ~ J CO (f) a: I I I I , , , , , , , , , , , , , . ,,~~ (1,f I\'Å o (f) L() 'fJ « ~ o (f) ~~..... - z t ;\. ~ I!I ';:.' { ~ i. ¡i ¡ Z ili E It: ".' .'. ~ It: *!! 'ª·iI ~.C3 ~ ií! 'q a. š,. (h 1 !II ,~ rll ~H è:' <t! '0 c :::J o .Q () () .~ () (/) c <t! .Q :s III III III II III è:' <t! '0 c :::J o .Q è:' CD co () '0 .~ § ~.8 u: CD õ'E ~:<:t ü :;s. . I :: I . . :: I co . I o 9 cry o (f) «~ 0.. i5 (f) c_ .- CD _x c ~ vu ... co :êa.. I'- <t!- o a..,~ 9 ~~ ~~ q) c o -- +-' CÖ '- o 0.. '- o Ü ü c ~ J m " '....... -'1~ - z t A 53 II) '; /Ii if "', ¡ ,( ~ I, IJ y~ ~ i~; ~ ~ IU .,~. I., II) 15. ~. ~ <¡¡ II '. U ij- j! I !5. l' '\{ It ill \~ ::¡ hI ~U c £ .~ (tj (I) -< 2:' (tj '0 c ::J o .D (tj (I) 2:' .... (tj « -g ~ 5 '2: .DJ5 (I) c ~ (tj .¡Q .D CL :s LL OJ o .S ,~ Æ o ... II .. ::: .. II .. .. .. gs ¡ .. 9 (Y) o w (I) «~ 0... 15 w c_ .- (I) -:X c ~ VU .... (tj ¡go.. "'- (tjõ I ~ o..(I) o wE o £::J I I- W ~~ '-" ...." AGENDA. PLANNING & ZONING COMMISSION February 19, 2004 7:00 P.M. lUK INC., has peÚtioned St. Lucie County for a Change in Future Land Use Classi/ìcaa'on fi'Om the RS (ResIdential Suburban) to R U (ResIdential Urban) for the following described property: Location: South side of Okeechobee Road (SR-70), 1/2 mile west of Gordy Road. Please note that all proceedings before the Planning and Zoning Commission/Local Planning Agency are electronically recorded. If a person decIdes to appeal any decision made by the Planning and Zoning CommÚ;sion/Local Planning Agency with respect to any matter consIdered at such meeting or hearing, he WIll need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbaúÍ11 record of the proceedings is made, which record includes the tesúÍ110nyand evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, indiVIduals tesl11ýing during a hearing WIll be sworn in. Any party to the proceeding WIll be granted an opportunity to cross-examÙJe any indiVIdual tesa'/ýing during a hearing upon request. WrItten comments received in advance of the public heanng WIll also be consIdered. Prior to this public hearIng, noäce of tile same was sent to all aqjacent property owners February 9, 2004. Legal nol1"ce was published In The News and The Tribune, newspapers of general circulaá'on ÙJ St. Lucie County, on February.f, 2004. 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"" " COMMUNITY DEVELOPMENT DIRECTOR '''__i<!IIiIf___:itíl1!I!~ February 9, 2004 In accordance with the St. Lucie County Land Development Code, you are hereby advised that BJK INC., has petitioned St. Lucie County for a Change in Future Land Use Classification from RS (Residential, Suburban) to RU (Residential, Urban) for the following described property: Location: South side of Okeechobee Road (SR-70), 1/2 mile west of Gordy Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The fIrst public hearing on the petition wül be held at 7:00 P.M., or as soon thereafter as possible, on February 19,2004, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Planning and Zoning Commission at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-1577 if you have any questions, and refer to: File Number: PA-03-007. Sincerely, S'ýb}J.. CI. E COUNTY PLA~.. NG. A. ND Z. ONING COMM. I. .SSION é../a~':Íì/\, //'1 (" é-<:¿,_ d / ¡. /{~__.... Carson McCurdy, Chairman 7 <J ~ ~. JOHN D. ßRUHN. District NO.1· DOUG COWARD. District NO.2· PAULA A. LEWIS. District No.,J . mANNIE HUTCHINSON. District No.4. CLIFF ßARNES. Disrrict No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce. FL 34982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 · GISlTechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourist/Convention: (772) 462-1529 · Fax: (772) 462-2132 www.ca.st-Iucie.fl.us -.., m m~ 0 ~NOOOOO N m mONONN ~ ~~ ~ ~~æææææ ~ ~ ~~~~~~ C}I ":l~ ~ C}lut~""''Y~ L9 C}l C}l9C}l~~~ ~æ~~æ8~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~Mg~~~~~~~~~g~~g~~m~~~~~ N~~~~~m~~~~~~~~MM~~MMMM~MM~MM ~~o~~~o~ü~~~~~~~~~~~~~~~~~~~~~~~ ~~ ~~ ~~~~~~~~~~~~~~~~~~~~~~ .s::.s::.s::.s:: .s:: (,.) (,.) (,.) (,.) 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'" N Ng >~._.- .5.5~~:;:!·"'''''ø ~o:EO øø00333~w~wz !:2~~~Q,Q,Q,m~r-.8- M~:g:g888~m~~~ ~~mm~~~_~_~~ o 1ijWW ü8,m..g¡~~~ iBiB æ æ.!!! .!!!.!!! ~<~~.9.9.9 o t'O .!!I -g 'ij¡ 'C .s:: ~ ø 00 C C ~ ~ g gl.?:I.?:.?: ªª~I~~~~ ~ ~ C) CHH)(!) o C 'E t'O t'O ~ {¡ C ä: 8 øø ~~~ ~'C~~000 ee33~~~ t'O t'O t'O t'O t'O t'O t'O ~~Q,~-,-,-, Ow 8:2 ~~ C)O l! ~8~ 8 ~ ~ ~~ f ~ ~ i ~ ~ ~ ~ ~ ~ §I ~ e i § õ ~!~ ~ 0 0 ü_ ~ ã ü ~ .015..0 15. 'ii 8~ 0~> ~ 0 E~E ~ ~ ; ~~ ~ £ E ~ ~E~ E 0 0~ ~O 0 '§ :õ ~ QI~W~ W -0 E-o ~'C {¡ ~ ~ 0 E~'C~ 'C æ :æ ~æ ~ oS! ~ S 111- C_ C ~ ...J (,)...J ~ .!!! ... (,) E cæjæ j 1(0 11( 31( 0 _ ~ ø 3 0~ ~Qi~Qi ~Qið! B 3ðBwð ~ ~ i ~~~~§§ wæ'E=~ ~~I~~t~I~~~lllllwl~~lê!êIJ~IJ~~~~~'E'E'E~~I~~ O~ð~~ð~æs~~~~~~~~æ~~æð~ðŒ8æ~8~§§~~~~~ä:~~ _ -~~~~~!~~-___ª~~êªIªª~iªI~I~ª~ ê~I~I~~~~§ª~~ O~M~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I~I~~~~~~~~ -~~~~~~MM~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~NN~NNNNNNNNNN~N~NNNNNNNN~NNNNNNNNNNNN~N~ 1~~~~N~~~~~~~~~~N~N~~~~~~~~N~~~~~~~~~~~~N~N rJ ..., E t'O .s:: ~ C) ~ r~ ¡ Q ~ .J \--' LL i if) ~ ~ ß c: Cl- cr- ' 1 c.õ \t. u 1- f '-' '" February 20, 2003 COUNTY ADMINISTRATOR BOARD OF COUNTY COMMISSIONERS DOUGLAS M. ANDmSON Mr. Peter J. Trematerra, Pr.esident Parkwood Land Development, Inc. 9900 W. Sample Road, Suite 317 Coral Springs, FL., 33065 ,ð~i~ ?-I Dear Mr. Trematerra: Thank you for your faxed letter of February 4, 2003 concerning the Parkwood Land Development, Inc. (Parkwood) To assist you in evaluating how to proceed with your proposed residential development, the following information is provided: Water and Sewer to Site Staff has estimated that $4.5 million in upfront money would be required for waterline extensions and Port St. Lucie utility capacity reservation charges. This includes $1.5 million for off-site and $3.0 million estimated for 1,000 unit connector charges. As discussed at our meeting, it is entirely Parkwood's decision whether or not to purchase their utilities from the City of Fort Pierce or the County. Price Point and Product on the Site A starting price in the $90,000 range for your development was discussed in our meeting. Generally, the price at which homes generate more in tax revenue than they require in services is approximately $125,000. It was pointed out in our meeting that low-density high-dollar projects including the Reserve and Westchester received full development support from the Board of County Commissioners and high-density low-dollar projects frequently were not approved by the Board. Based on site conditions, including wetland/upland preservation consideration, a density of700 units is recommended by staff. The Urban Service Line The Urban Service Line is currently being studied as directed by the Board of County Commissioners. If, through the study, changes are recommended to the Urban Service boundary, the actual changes to the boundary are 12 to 18 months away and require State Department of Community Affairs approval. JOHN D. ßRUHN. Disrricr No.1. DOUG COWARD. Disrricr No.2· PAULA A. LEWIS, Disrricr No. J . FRANNIE HUTCHINSON, is ~"'ÐM"*f Counry Adminisrraror - Douglas M. Anderson U· 2300 Virginia Avenue. Fort Pierce, FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · email: douga@co.st-lucieJl.us web site: www.co.st-Iucie.fl.us ~ "" Page 2 February 20, 2003 Land Development Miscellaneous An archeological review of your project site will be required because of a mound that exists on adjacent property. We are sorry that you feel our last meeting was in direct conflict with previous meetings and conversations but St. Lucie County staff supports well-planned high-quality residential projects which do not conflict with surrounding land uses. Once your site plan is submitted, staff will be in a position to make a recommendation to the Board of County Commissioners. Sincerely, /4¿J Rfaz As i tant C RLW ab 03-06 c: Doug Anderson, County Administrator Bill Blazak, Utility Director Dan Mcintyre, County Attorney Bernie J. Kosar, Sr. Bernie J. Kosar, Jr. Attachment · . 02/04/202J3 11.:45 954 ï52fJ353 PAR~J~ODD PAGE 02 '-" ~ Parkwood Land Déveloprrœnt Inc. 99CKJ Sample Rood, Suite 317 Cnral Springs} F10rida 33065 TEL: 954·752·5555 Fax: 954·752·8353 February 4,2003 Mr. Douglas M. Anderson County Adminic¡trator St. Lucie County Board of County Commissioners 2300 Virginia Avenue Ft. Pierce. Florida 34982 Dear Mr. Anderson: I wanted to take this opportunity to thank you, as well as your fellow staff Mr. Wazny, Mr. Blazek and Mr. Murphey for taking time out of there hectic schedule to meet with myself a."1d other members of Parkwood LaJX1 Development. Additionally I would like to clarify and memorialize the items discussed in order to formulate a decision on how Parkwood should proceed in the matter of future development of the property. The following is a restatement of the matters covered and the Counties current position: Water & Sewer to site 1) It appears the number of ERe's required by the Seminole Tribe (referred to by your staff as Black Indians) site will be no more than 40. This minimal requirement leaves little room for negotiations with the tribe in an effort to have them contribute to the funding of the water and sewer lines. 2) Parkwood will need to provide the County with approximately four million dollars of up front money in order to provide for the following: A Approximately 1.5 million dollars will be required to extend the lines that the County will run for the Walmart Distribution Center to the northern boundary of our site. These lines will be constructed in the Florida Turnpike Right of Way. B An additional $2,500 per unit hookup reservation (approx. 2.5 million). C An undetennined amount of montlùy guaranteed revenue, in addition to the four million will be required. 3) If Parkwood delay's on accepting this proposal they may run into a situation were the utilities required for our project may not be available. 4) Several members of your staff stated that it would be in Parkwood's best interest to use the County utilities due to the fact that County taxes were approximately half that of those ch.arged in Ft. Pierce. Price point and oroduct on the site 1) It was strongly recommended that 933 units would not make it tbrough the approval process. The commission does not like rugh density projects and believe there should be a mixed product of approximately 700 units. 02/04/2003 11:45 9547528353 PARKWOOD PAGE 03 '-'" ~ . Page 2 February 4, 2003 Price POint and Droduct on the site - cont. 2) You stated that a starting price of 99,000.00 was far to low and would be poorly received. Additionally, you informed us that for the County to break even on taxes collected to services provided, the sale price for the homes would have to be $125,(XX) and up. 3 Mr. Murphey stated that many Multifamily unit (i.e. apartments) projects have come online or are ~ the pipeline since we last meet. The Urban Service Line 1) The Urban Service line could be moved approximately 1,500 feet via an admíni.strative move. Any additional movement westward would require a Comprehensive Amendment change. 2) The County bas been investigating the possibility of a secondary Urban Service line via TDR's, however this would still be subject to meeting concurrency. Additionally, this issue was still 12 to-18 months away if it were to happen. MisceUaneous 1) Due to the Indian findings on the SFWMD property the County would require an Archeological phase 1,2 or 3 on our site. This meeting was in direct conflict with the many other meetings and conversations we have bad with you and your staff. In the past the County was very supportive and spoke only of positive issues as well as your desire to work with us in achieving our goals. Please take a few minutes to review the above outline of what my associates and I believe transpired at our last meeting. We would appreciate your written clarification of this infonnation. Sincerely. PARKWOOD LAND DEVELOP.MENT. INC. -f?~ 5:<_~ pre-5 Peter J. Trematerra President PJT/seh CC: Mr. Bernie J. Kosar, Sr. Mr. BernieJ. Kosar, Jr. via facsimile transmission (330) 758-3411 via facsimile transmission (954) 385-9867 JAN 24 2003 4:32PM HP LASERJET 3200 p.2 ..... "-' ""-" ( Bernie Kosar, Jr. Mr. Douglas M. Anderson County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 755 Boardman-Canfield Rd. Southbridge West, Building K-l Youngstown, OR 445U (330) 758-5219 Fax: (330) 758-3411 January 24, 2003 \-rV~ Dear Doug: I am seeing your letter to me dated January 16.2003, today for the first time. It came to my office in Plantation, Florida, however, it was not forwarded to me until now. As a result ofthe dispute in Park wood Land between me and Peter Trematerra I feel that you should notify Mr. Trematerra immediately regarding the need to have a meeting relative to the Seminole project. He may be contacted as follows: Business Phone: Mobile Phone: Business Fax: 9900 West Sample Road Coral Springs, FL 33065 954-752-5555 or 825-0411 Scott 954-684-2950 954-752-8353 Business Address: I would like to be included in all meetings concerning the land. I understand that you. desire to have the meeting on Friday, January 31, 2003. I am trying to clear my schedule for that date, but at the present time I am not sure as to my availability. I am causing a copy of your letter of January 16,2003, and this letter to be forwarded to Peter. Please keep me informed. ~~~~ @tWíl\V7f'0- JAN 1. 4 2f(~' \' CO. ADMIN· OFFICE JAN 24 2003 4:32PM HP LASER JET 3200 p.l . , '-' ..., BJK, Inc. - SOIIthbrldge w.t, Building K-1 766 Øoudman·Canfleld Road YOIInfltown. OIIio 44612 Telephone (3301758-1218 TMcopler (DO) 118-3411 FAX TRANSMITTAL 1·.t·rT'~\:,';:::r·:::/r\·~:·!'~',::r\,' , ,-'-_.',".. .. .... .. ;'-"" .(. DATE: \/'2....¡D'J. TillE: TO: þ-,.~ A. þ.I d.~__n~ FIRM: S'(- ~ to- ~ ~~ ~.. Uo-,j~,! ~ \c.r-..l. - FAX NUMBER: \ -""20 - I.{~ - \(0'-\ 8 TOTAL PAGEa: "'2- (INCLUDING COVER SHEET) CONFIDENTIALITY NOTICE THIS FACSIMILE FORM AND ACCO..ANYING PAGE(a) ARE IHONOID ONLY FOR THI! USE OF THE INClYlDUAL(SI ANDIOR ENl1'1"f TO WHCH TH!Y ARE ADDNaal!D AND MAY CONTAIN iNFORMATION THAT 18 PRlVlI.EG Et), CONI'IOINTIAL, AND I!XI!YPT IIROM DIICLoeURE UNCIR APPUCABI.E LAW. II' TI£ READER OF THIS FACSIMILE II NOT nil! INTENDI!D Ft!CIPII!Nf OR AN E..-LOVE! OR AClENT RESPON8IISL! FOR THE DEUVERY 0" THlSINfOIUllATlON TO TtE INTI!ND!D IŒClPIENT. YOU ARE HEREBY NOTRO THAT ANY DIISEIMNATION. DISTRIBUTION. COPYINct OR OTH!R REPRODUCTION OF THE INFOIU1ATION TRANSMITTED HI!IUWITH IS STRICTLY PROHIBITED. IF YOU HAV! R!C!IVI!D THIS COMMUNICATION IN ERROR. PLI!AS! NOTIFY THE SENDER I III ME DIATEL Y BY TELEPHONI! AND Rl!TUM THIS aNGINAL III!I8AOI! TO TH! II!NDI!IIt AT THE ADDRESS SHOWN VIA U.S. MAIL. YOU WILL .. RI!IIIIIIUR.8ED lOR YOU" EXPENSE OF NOT1F1CATION AND RETURN MAIL- YOUR COOP!AATION IS APPRECIATED. COMMEIITS .--- -- - ..-- riJ í1?' íl \\.n ¡r? ^ ~\ ~~,o . ~ j~N Z4i:J, ... CO. ADMïN:Off\C~j -. ~ -....¡ BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDEr-SON January 16, 2003 Mr. Bernie Kosar 8151 Peters Road, Suite 4000 Plantation, FL., 33324- Dear Bernie: St. Lucie County is in discussions with the Seminole Tribe to provide water/wastewater service to their proposed development located on Okeechobee Road, west of your proper~y to determine if the County will proceed with that service. As you know, we have had meetings and telephone conversations with you and Pete over the past year regarding your project. Now that we are approaching the final stages of these discussions with the Seminole Tribe, we need to discuss financial responsibilities between the Seminole Tribe, St. Lucie County, and your development. The Seminole Tribe has indicated to us that they are ré'ady to proceed with their project as soon as possible. Therefore, we need to schedule a meeting with you and your representatives to discuss your development needs. Please contact my office at your earliest convenience to schedule a meeting. c: Ray Wazny, Assistant County Administrator Bill Blazak, Utilities Director Dennis Murphy, Community Development Director Dan McIntyre, County Attorney Steve Walker, P.A., Lewis Longman & Walker, P.A. JOHN D. ßr-UHN, District No.1. DOUG COWAr-D, District No.2. PAULA A. LEWIS, Districr No. J . mANNIE HUTCHINSON, District No.4· CLIFF ßAr-NES. District No.5 County Administrotor - Douglos M. Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · email: douga@co.st-Iucie.fl.us web site: www.co.st-Iucie.fl.us - ~ '-' ,...., BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M, ANDŒSON TO: &m \~ f:- ~05-- $q~~dD ~ "_ ~'D5 - î ctt) -'=3> d 7 (0 ç.~_ ~E~ - ,a\/-d-dýJQ F~M: \J '\ \Jo cJ tfn ('lo~ J .. DATE: '-d-~~ SUBJECT: ~ / v1; \ Î1r\ih [ NUMBER OF PAGES INCLUDING COVER SHEET: d-- NOTES: If you have any questions concerning this fax - please call 772-462-1450 JOHN D. ßRUHN. District NO.1. DOUG COWARD. District No.2· PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON. District No.4· CLIFF ßARNES. District No.5 Counry Administrator· Douglas M. Anderson 2.300 Virginia Avenue. Fort Pierce. FL .34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648· email: douga@co.st-Iucie.fl.us web site: www.co.st-Iucie.fl.us * * * * ñ * * * * *' * * * * * * * *' *' *' * * * * * * :+: * * * * * ... ," * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ~ * * * * * * *' *' *' * *' *' * *' *' *' * *' * *' *' *' *' *' *' *' *' *' *' *' *' *' *' .. '" '-' TRANSMISSIONS ACTIVITY REPORT ....,¡ '" '" '" * *NO. DATE START *' '" 1 JAN-24 10:01 AM 813055920925 * 2 JAN-24 10:04 AM 813057403276 *' 3 JAN-24 10:07 AM 819542172240 JAN-24-03 10:47 AM * *' * *' *' * * * * * *' * *' * * * FOR: DOUG ANDERSON 5614621648 RECEIVER TX TIME PAGES TYPE NOTE 1'05" l' 04" 1'05" 2 SEND 2 SEND 2 SEND 6 28H 40M 42S 2936 OK OK OK * * * * * '" TOTAL 3' 14" GRAND TOTAL TIME: PAGES: **'**'**********'*'*'*'****'****'***'***"'*********'**'****'********************'****************'***"'**************** ~ '..... January 16, 2003 COUNTY ADMINISTRATOR BOARD OF COUNTY COMMISSIONERS DOUGLAS M. ANDERSON Mr. Bernie Kosar 8151 Peters Road, Suite 4000 Plantation, FL., 33324 Dear Bernie: St. Lucie County is in negotiations with the Seminole Tribe to provide water/wastewater service to their proposed development located on Okeechobee Road, west of your property. As you know, we have had meetings and telephone conversations with you and Pete over the past year regarding your project. Now that we are approaching the final stages of these discussions with the Seminole Tribe, we need to discuss financial responsibilities between the Seminole Tribe, St. Lucie County, and your development. The Seminole Tribe has indicated to us that they are ready to proceed with their project as soon as possible. Therefore, we need to schedule a meeting with you and your representatives to discuss your development needs. office at your earliest convenience to schedule a meeting. c: Ray Wazny, Assistant County Administrator Bill Blazak, Utilities Director Dennis Murphy, Community Development Director Dan McIntyre, County Attorney Steve Walker, P.A., Lewis Longman & Walker, P.A. JOHN D. ßRUHN, District No.1' DOUG COWARD. District No.2' PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON. District NO.4' CLIFF ßAr.NES. DistriCt NO.5 County Administrotor - Douglos M. Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · email: douga@co,st-Iucie,fl.us web site: www.co.st-Iucie.fl.us - -., '" BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDmSON , IIµ~ L 'j3eAN,£ - -rH~Nþ!' y~" ,..~ ~~ ~"-~'L S~4"'" ~() ß Y Y'" -r.:::Jí~ ~¿e t· J.. ;/'11/} L,4,r ~ V., t-£ AtIØ#C- ",-~¡e.,~ y#" 4., -r" A /J,4,.IUN~/ y~'~ P"Ñ''- ~,.~ ~r. ;r-~.J A h"¡""'~ rl/;lr-)' jþt1 ;4;1 , ~~..,~!' ~,r¡.J Z 6"y$ I r¿,- 1'~£ J:S,,/~H A4¿J. JOHN D. ßRUHN, District No 1 . DOUG CO'" . . wARD, District No.2. PAULA A LEWIS D· t· N "- . ,IS net o. u . F NNIE HUT iNSO .' 2300 V' .. C"'" Adm"'"'"'O<' Do"9'0' M. Md 00 N. D,,"'" No.4· CUFF ßARNES. D'''''' No.5 Irglnlo Avenue . Fort Pierce, FL 34982-5652 · Ph FAX (772) 462-1648. email: dO~9n~~:0~) 462 f450 · TDD (772) 462-1428 e. .us web site: www.co.st-Iucie.fl.us ~:... -.,. ~ . ~ . #- BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDEr-SON II,Aft Z- I:;~/Æ- ~..,Jt- y*" ¡4- ~~ ,>v//'~ -r' A~~ .IIJJ,,J-r'~d þ#J I/Þ/~¿'~ O~~ /~ ;F"".~.sJ¿<J .1 JOHN D. ßRUHN. District No.1. DOUG COWARD. Districr No.2. PAULA A. LEWIS. District No..3 . FRANNIE HUTCHINSON. District No.4· CLIFF ßARNES. Districr No.5 County Administrotor - Douglos M. Anderson 2300 Virginia Avenue. Fort Pierce. FL 34982-5652 · Phone (772) 462-1450 · TOO (772) 462-1428 FAX (772) 462-1648 · email: douga@co.st-Iucie.fl.us web site: www.co.st-Iucie.fl.us ...... , , '- LËISÛRË:'-RE~RENDÜNf~'-( Tråils~. IJ/~f~~' . "" ! ".' , I parks ta~;' appróveØ' 52% ~48%i ~', i ' ! ' ', ' .,' ~ By ~ve Modzelewski! staff writer , !: :',.... '...."."".... I I i .~:I: ./i ".,I,~ i i' " . !: ,,:~ '..:~ ,,-,' County voters decided Tuesday they:.weJ;'~ willing to pay to play.. .' i i~",' In a close vote, voters approved a,r Íièw . countywide tax tofmance the' construction and expansion of parks,fields and nature trailsthroughoutthe county. .... : ! >: 'About 52 percent, of. voters 'suPpQ);'te~Re-: ferendum No, 14, which "asked them toap- prove a municipal services . taxing i uniti levying'a 25-ceriftax:on everY $1,000 ofþrop" e-r-ty-value' . \.' ,.' ':':":"1: " ":': . . . .' .,' . , ! .' .'~ ,.... ,"," ::- "', " ,I '. '-'; .,' ;1 .'. '. The' owner of a $100,000 home with a .$25,000 homestead exemption' will pay $18:15 annually. , , .. , ..,' . " t,,::.,: ;j:~'~':::;. Over 20 years,' th~tax' is 'expected. to generate $59.6 million, to ,be 'divided . among thec9unty, Por1:,~t. JJucie,' FoB; Pierce arid $W LuCie Village.P'?;;,: :; .... ji'::1j,.: " "¡""':f<j;~t ¡.·The ·governh¡g;!iodies.:cif';lboth citieS I arid' St.Lµçie villàg~,\rillist approve thetaxh)/tl1e end ofthe year. If ratified, i~ will take em~ët Oct 1 '.' . ,., ':1, "', .1" '. ': :......, "This is going to, enable us to btiild a,re- gional parks system," County Administqttor Doug Anderson sa,id Tuesday night. "Itah:'o ·will, provide public access.·to ..our enviion- , mentally sensitive lands that the voters hàve ! previously approved purchasing.~' . .. . ¡ .·:i- , . County officials spent $36,000' campaign~ ing, for the referendum, and Anderson;Jsç.iq the hard work paid off. , ': '. : . .' 'j""" With its $23.7 million share, the county has proposed, building a large urban park'in' Lakewood/Park, building trails on its conser- vatíon lands and improving. beach access,!",! "Weare already doing some due diligence' to acquire pröperty in the Lakewood Park. "And - 'd '. , area, . erson sal . . ',. " l The, county and Fort Pierce ,will jointly fi- nance ,a proposed $8.4 million upgrade of Lawnwood R~creation Complex: and its ~oot- ball stadium:Wour multipurpose. fields ,and . two softball fIelds would· be· constructed on the 90-acre park. . , ..,rort St. Luci~iShould receive $27.4 million .. ;:;"over 20 yeá.r~~nlnd, City Council members ',";,hav~ developeœ a: 22·jtem list,of potential pro} . "octs. Tho list iS$llbjoct to chnnHo, but amon¡.: , .': tho Pl'oJoct(-l WIÙ¡ :~7uO,OOO lor hn}JL'OVOII1UnIH al. :,":'Wvul'wulk. .'" il( '. ' :' I I ;~I,,;; "It's going to improve the quality of life .in : "::our. community,~~ AndersÓn said of the vote. ·,,:\'.~It's even arieconomic development tool :be· .;'.cause whencómpanies look at us' aboùt locat- ',:ing here, recreation is onê of the pieces of in- "formation that th~y consider.'" . ,.,.: . '''leVe.modzelewski~sC~iPps.com ' . , --- ....;,' , ! s and nty ns for Vote on November 5. 2002 .~~ '-' ...... Community Parks Referendum 14 Question and Answers What are the benefits to St. Lucie if the Community Parks referendum # 14 is passed on November 5th? · Provides additional ball fields, open space and nature trails for an active lifestyle · Provides safe recreational opportunities for our citizens, both youth and seniors · Reduces juvenile crime by providing positive activities for youth · Allows the county and city to renovate and repair aging park facilities · Provides additional beach access and enhancement of our trails How will the money be raised? The Community Parks Referendum will create a county-wide Municipal Service Taxing Unit (MSTU), which will add a small "ad valorem" special assessment to the annual property tax bill for a period of twenty years. How much money will be raised? The MSTU will raise about $60 million over the next 20 years. How much will it cost me, the taxpayer? The measure will add only $18.75 per year for a homeowner with a $100,000 home. That's $1.60 per month - less than the price of a couple of cups of coffee. What will the money be used for? The funds raised through the MSTU will be used to buy new park land and to operate and improve existing parks. "" '- ~ Community Parks Referendum Will Provide Safe Parks, Recreation St. Lucie County is a special place. But growth and development are taking their toll - on our parks, our open spaces and our neighborhoods. That's why the Community Parks Referendum on the November 5 ballot is so important. Referendum 14 will help improve the quality of county and city parks and recreation areas, set aside natural lands and provide safe, positive recreation opportunities for our kids - all for about a nickel a day. Referendum 14 will raise $60 million over the next 20 years. The funds will be used to: · Provide additional ball fields, open space and nature trails for an active lifestyle · Provide safe recreational opportunities for kids and seniors · Reduce juvenile crime by providing positive activities for youth · Restore and repair aging park facilities · Provide more beach access and improved trails The price for these improvements? For an average homeowner, about $18.75 a year. That's $1.60 a month - less than the price of two cups of coffee. This small amount will be stretched a long way - pulling in matching funds from state and federal programs to buy and improve parks. The referendum creates a citizen review committee and requires an annual independent audit to ensure the dollars are well spent. With a predicted 64 percent growth rate over the next 25 years, we can't afford to wait - green space is disappearing quickly. Vote - Referendum 14 on November 5! Please feel free to use this in your monthly newsletters and share with your fellow homeowners. ~ ...... September 25, 2002 Dear Community Leader: Please join a coalition of citizens and community leaders on October 8, 2002 for a kick- off celebration at 11 :45am at Lawnwood Stadium and show your support for the Community Parks Referendum #14. We would1ike to urge you-and youroqymi7J1tion to support the Community Parks Referendum, # 14, on November 5th. The ballot measure would raise approximately $60 million dollars over a 20-year period to acquire land for-additional parks, improve aging park facilities, and install new ball fields, nature trails and additional beach access for the community to enjoy. We need your support to make it happen! Our community is growing rapidly- it's the third· fastest growing county in the state- and is projected to grow by-64 percent by the year 2030.·Passage of the Comm1Jntty Parks measure will allow your county and cities to take an . active role in projecting the needs of our comnnlnitynowand in the futur-e. We tll enjoy the quality of life St. Lucie County has to offer and want to maintain that level of quality. The Community Parks Referendum #14 will: " Provide additional ball fields, open space, and nature trails for an active lifestyle " Provide safe recreational opportunities for kids and· seniors .. Reduce juvenile crime by providing positive recreational activities for youth .. Renovate and repair aging park facilities ... Provide more beach access and enhancement of our trails For just $1.60 per month per household, you can improvethe-quality of our park system and provide outdoor opportunities to the young and old alike! We hOpe you can join us on October 8th. OCT - 7 '-' .... BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDEr-SON 1. Loss of 2003 transit funding because of combining St. Lucie County and Martin County. Florida. into one urbanized area instead of two by creation of a new urbanized area We are one of four communities in the United States affected by creation of a new urbanized area. We are losing $1,100,000 for transit operations and Martin County is losing $500,000. Other communities affected: * Denton, Texas - Representatives Richard Army & William "Mack" Thornberry * Lubbock, Texas - Representatives Larry Combest & William "Mack" Thornberry * Indio, California ** See attached letter to Federal Transit Administration 2. Proiect Prairie * 1,200,000 square feet distribution center * Creating up to 1200 new jobs! There is a bald eagle's nest 750 feet from the project - see attached site plan. The developer and St. Lucie County are working with the US Fish and Wildlife Service to resolve this issue. The company wants to announce this project the end of July. 3. Port of Fort Pierce St. Lucie County is acquiring 67 acres of land at the Port of Fort Pierce. The purpose is to develop a mega yacht facility, including limited cargo expansion. This would provide approximately 300 skilled jobs for our community and has an estimated annual economic impact of $100,000,000. The County is seeking $6,000,000, a 50% match for local funds expended for this project, from the Florida Seaport, Transportation and Economic Development Council (FSTED). 4. St. Lucie County International Airport Parallel Runway St. Lucie County is requesting $10,000,000 from the Federal Aviation Administration to construct a parallel runway for safety in the Federal 2004 Budget. JOHN D. ßRUHN. District No 1 . DOUG COWARD, District No.2' PAULA A. LEWIS. District No. J . FRANNIE HUTCHINSON. District No.4' CLIFF ßARNES. District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue. Fort Pierce, FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · email: douga@co.st-Iucie.fl.us web site: www.co.st-Iucie.fl.us ~ ..., BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDEP-SON June 11,2002 Jennifer L Dorn, Administrator Federal Transit Administration 400 7th Street SW Washington, D,C. 20590 Re: Request for Funding Relief Due to the Unintended Consequences of the Census Determination to combine St. Lucie and Martin County, Florida into One Urbanized Area Instead of Two Separate Urbanized Areas Dear Ms. Dorn: St. Lucie County respèctfully requests funding relief as a result of the Census creation of the Port St. Lucie Urbanized Area. This sudden change in status has propelled St. Lucie County into a designation res1:!rved for Transportation Management Areas (TMAs) whose populations exceed 200,000, despite the fact that the 2000 census, determined our county's present population to be 192,695. Neither St. Lucie County nor Martin County were aware of this change until the middle of May of this year. There was no prior information, from any source, alerting our community of this impending policy decision. The new TMA designation requires that funding previously received for operations and capital be designated for capital expenses only- Le., the purchasing of equipment and preventive maintenance. This administrative anomaly has resulted in a situation that will virtually overnight require massive changes in budget and transit operations, without the typical lead-time needed to prepare for such a transition. In effect, we are being forced by this new designation to compress a 10-year planning and budgeting process into a three-month time frame. The profound impact this change will have on this area warrants our request for funding relief. We are one of only four areas in the entire United States where this aberration occurred. erious consideration to this request. c: U.S. Senator Bob Graham U,S, Senator Bill Nelson U.S. Representative Mark Foley U,S, Representative Alcee L Hastings St. Lucie County Board of County Commissioners Daniel M. Mcintyre, County Attorney Beth Ryder, Community Services Director Dennis Murphy, Community Development Director Russ Blackburn, Martin County Administrator Darrell Drummond, Council on Aging of St. Lucie, Inc., Chief Executive Officer Barbara Kaufman, Council on Aging of Martin County, Chief Executive Officer ,OHN D, ßRUHN. Disrricr No.1' DOUG COWARD. Disrricr No.2' PAULA A. LEWIS. Disrricr No.3' FRANNIE HUTCHINSON. Disrricr No, 4 . CLIFF ßARNES. DisrricT No.5 CounTy AdminisrroTor . Douglas M. Anderson 2300 Virginia Avenue. Fort Pierce, FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · emoil: douga@co,st-lucieJl.us web site: www.co.st-Iucie.fl.us ,uN, 17.2002 9:53AMI nFLAGlER.DEVElOPMENT_ACCQUNTING1 NO. 1460 \J o~ q c.. rn z ~ - Z ø (] ~ ,-::::=:=:=::::=::::-.::=:::-. ~. Î1l15 SITE 1>UN· JG sr,L,; ~ ~STEc.'T 1'ð c..HANG,~ ~ lHe ~, L. '''''1/ WlÞc-~ SHI :'0 'SLI~Htt..V I HO\tJe.vé.ft/X"í W'L~ ~ ~(..~øk.f &='fo'" t> "11-IEf. 7 (if) I LJ p¿.L£ ~tJ'" Ð -rHE }JfiSí. g -t I o "J1 ." :D ~ o c\ , ' , , , 1 , \ .~~=r.=Çì~.'~..'_f_._H-~~'- \ . C\j ~--'-" \ ,.J"\, .... (', '. l..~ _.... '\' " , \ \ ............ -'..J" ' ~r'-J ') I '.., \ \. ) .,.) \, - 11.0 t 'oJ f '\ l'l:ít...", " ~ , \ \ t."" \, '~ ~, r ' ,;,. ).J \\ J' ~.; \,"" ~" ' ".. \\'0 ). I _ \J J ~ NOTE; cANAL REQUIRES REROUTING. l (' I, , , , '.J CONADENTIAl }--) \""...__,tI' o 800 1600 f"O<.--~ ~ GRAPHIC SCALE IN FEET RLM FORT PIERCE SITE ST. LUOIE CO.. FL CONCEPT PLAN - OPTION 88 06/12/02 ~ BOARD OF COUNTY COMMISSIONERS TO: 6.eJ( n \-~ DOUGLAS M. ANDmSON FROM: tbu &l0\ S 4ncl~i) DATE: Lfo -¡ - ,,)0 .3./ I Ô I 0 ~V'/ Jv, tJ"Jt;/t- Jù0¿ ;;m dCOd- ì SUBJECT: ~+, lvX' A';) C£¡J~J+:J NUMBER OF PAGES INCLUDING COVER SHEET: 1./ NOTES: . ~ ~~ % /?/£ /~,¿?&--r- .rt- H~ r- ~ If you have any questions concerning 'Î --/~ ¿ ~CA_ / ~_/,t/ JOHN D. ßRUHN, District No.1. DOUG COWARD, District No.2. PAULA A. LEWIS, District No.:} . FRANNIE HUTCHINSON, District NO.4· CLIFF ßARNES. District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue . Fart Pierce. FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · email: douga@co.st-Iucie.fl.us web site: www.ca.st-Iucie.fl.us '-" -....J BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDEr-SON TO: ßur+ - UJ \ J;vv¡I FROM: lbu& (ah PYì d~DJ DATE: Jù 0~ ~ \¡ ;)OOd-- SUBJECT: I. L»c; L Cw0f î NUMBER OF PAGES INCLUDING COVER SHEET: ~ NOTES: If you have any questions concerning this fax - please call 772-462-1450 JOHN D. ßRUHN. District No.1. DOUG COWARD, District No.2. PAULA A. LEWIS, District No.:) . FRANNIE HUTCHINSON, District NO.4· CUFF ßARNE5. District No.5 Counry Adminisrraror . Douglas M. Anderson 2300 Virginia Avenue. Fort Pierce, FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · email: douga@co.st-Iucie,fl.us web site: www.co.st-Iucie.fl.us .................*****..******.*****- '..**.*....*********.**.**********' ,****************..****.**.**.* ~...,,¡ * :+: . TRANSMISSIONS ACTIVITY REPORT . * JUN-24-02 02:34 PM . * FOR: DOUG ANDERSON 5614621648 * * * *NO. DATE START RECEIVER TX TIME PAGES T'Y' P E NOTE * * * * 1 JUN-24 02:33 PM 819546933788 1'38" 3 SEND OK * . * * TOTAL 1'38" 3 . * * * GRAND TOTAL TIME: 18H 14M 30S * * PAGES: 1842 * * * ..********.******************************.************************************************************* -.,. . ....... J It:: (L- k q Î/é 6../..........,' -<- .. ðp/r r;;Jw;t) ¡c-- --- /4 Ikrv' ~k¿ /~: <- CGJ~ , " /~L 4~ô¿~~.... Âr¿/?-/7. . tÁr?'-' A,~J (þ .§J..¿ /r~¿J4./"V ,"1JýD ( / . . ~z_~~~ ~~: ;žvP-;;; ,~ -Z .---:/ ~ J _/ (/ a- ~ì ~ ..# - s..-/. ~.k/ --- ? 44 ~ ¿) /L-'/é6- 6;/-/6 /~/. -~~~. £~É.s ~{/1/ /¿v';¿? ~ ~ 1 Nr ~ ó/~¿&- qo .AJ¿~ .. ~rc /} £h-z:- S"-J~ / / . ~~ ?J/rkJ" Q7J6'UL- /~~? . m/J()~ ~ /]¿L- - ~S--/k..ç:;~~/~J ,712 ~.---- --~ ~t7L-- --f.....~~~~, ç.ß~ .Æ~~£áÞS . ~ .. .ð#.d.,v.,. ¡.iJÆ ./J~p.J..~d2~ ~4' O~ ~..........,.,-' & . . /.' ..-- "-'. I __ ;t-o .. ~à ~.. =._nl?~' . "'1:s=- . " ~. ....-, ~..J..,..,.2-,.,. -- ;~--- T'_' ,c:::b"-~.- ,//'~ . ~?C;'// /~;/ ~ ~. -- --.....-.. ........ ~ BOARD OF COUNTY COMMISSIONERS PROPERTY ACQUISITION October 25,2000 W. Lee Dobbins, Esq. Dean, Mead, Minton & Klein 1903 S. 25th Street Fort Pierce, Florida 34947 RE: Gordy Road R/W Dear Mr. Dobbins: Pursuant to your request, I have reviewed County files to determine the status of the right of way known as Gordy Road, Based on this review, my findings are as follows: 1. The portion of Gordy Road that lies between State Road 70 and Ten Mile Creek is located on land that is owned by the State of Florida Turnpike Authority, According to Mike Bowers, St. Lucie County Road & Bridge Manager, the County has maintained this portion of the road for many years. If you have any questions concerning this area, please contact Mr. Adam Staley, Florida Turnpike Authority, at (407)532-3999 ext. 3630, 2. S1. Lucie County replaced the wooden bridge that spans Ten Mile Creek in the mid '80's. 3. The portion of Gordy Road directly south ofthe Ten Mile Creek Bridge is a County owned and maintained 15.5' right of way. This portion is a dirt road approximately 1370' in length. The right of way was conveyed to St. Lucie County by a Right-of-Way Deed dated February 4t\ 1952 and recorded in Official Records Book 172 at Page 515. If I can be of any further assistance, please call me at 462-2825. Sincerely, ~'¡;l¿~~ '/Shnne McCall Property Acquisition Agent cc: County Attorney Property Acquisition Manager Mike Bowers, Road & Bridge Manager JOHN D DRUHN. District No.1' DOUG COWARD. Disrricr No.2' PAULA A. LEWIS, Disrricr No.:\ . FRANNIE HUTCHINSON. Disrricr No.4' CLIFF DARNES. Disrricr No.5 County Adminisrraror . Douglas M. Anderson 2.300 Virginia Avenue · Fr. Pierce, FL .34982 (561) 462-1725 · FAX (561) 462-1440 ~.. .,-, , . -...( PUBLIC WORKS DEPARTMENT BOARD OF COUNTY COMMISSIONERS DATE: December 13, 1993 PosH'- Fax Note 7671 Co. TO: First American Title Fax - 466-7235 pnollll. PI>one I 2-1 () z.. To FII. · Z. !r " V 1"..' RE: Gordy Road --.. .. _._~----..- To Whom It May Concern; Gor-dy Road is a St. Lucie County Maintained Public Road From SR 70 South to the Gor-dy Road ~ridqe at 10-Mile Creek. ~~ P.M. Bowers Road & Bridqe Director I I , HA\ÆI\T L fÐIN. 0II/tIa ~_ , . JIJ)Y OUÐ'IIIR. Ohldd ~_ 2 e OfNNy GAmI. o.ta No. ~ ell ~ 1NfÐI£fl DIIma He. 4 . QJfT DAl\Nß. Dtøø No. 5 ~AánI_ .1tu-nœ1\L ~ 2JOO Virginia Av~nu@ . F~" P¡~rc~. Fl 34962 Public \forks: (407) 466-1465 Ie FAX (407) 467-2362 Division Of (ngll\@@rlng, (407) 468-1707 FAX 467·2.362. DiviSion of Rood (, Drldg.: (407) 464·2511 FAX 467·2:)62 DIYiSlon of Mosquito ConlTol: (407) 468'1692 FAX 486·1565. DiviSion of Solid 't(OSfe: (407) 466-1768 FAX 489-6987 Dlvi5ion of Property AcquiSiTion: (407) 468·1707 FAX 467·2362. TOD (407) 46ð'1428 I Ha~ 17 02 01:00p 7268246724678528466 p.2 '-' ~ " ~ \ ~I·V Raul Puig General Contractor Developer CGC 044480 6130 NW 74th Avenue Miami, Florida 33166 1-800-879-5915/ Fax 305-592-0925 ------- ----==== =:;;;:;:.===:===--========!!::.=====~-===~=--== May 17,2002 Doug Anderson County Administrator-St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 Dear Doug: I want to thank you for taking time in listening to Bernie and I yesterday especially with the type of schedule that you endure. We really appreciate your expertise and advice in our quest to develop our property. It was a pleasure on my part to meet you and if there is anything in which I could ever be of any assistance to you please let me know. Again, thank you very much for your time and I hope that we can create a long and pleasant relationship in the future. Sincerely, <~ RaW~ ~~~~~: ~ CO. ADMIN. OFFICE f};:~. ~ /L - ...., 5/ t- ;:-<- G?A--~C- , .. /./~ ~,~,,-,=. ~. - ·Y4d ..~'" . ...¿~ I/~. //~L-J·ß/. ./Y'~ TD..k£'/z-6 ~i/ =- . ~ ~.~46//.CtA~ _~f --- / () é?æ ¿:/þ (ç-~4 2~ º --- ¿?5S: L;;2ß<-<A-J WI L-k-~. 4~7 /v -..-..-. --- /-1 cd -. '. ~£~ - -w)L~ _~__~,-ß ç ¿'6....s7~ ~j~ -- - --=- --- DEBORAH SILVER staff photographer J. White Stadium in Port St. Lucie .on Tuesday the New York Mets and Kansas City Royals. As St. Lucie County Manager Doug Anderson looks on, Bernie Kosar, a former NFL and University of Miami quarterback, gives out autographs r o Mets don't Cleveland Indians s Thomas J. White By Bob Pacitti staff writer PORT ST. LUCIE ormer NFL and Univer- sity of Miami quarterback Bernie Kosar parlayed a Tuesday visit with New York Mets pitcher Al Leiter into an advanced scouting report on a possible new spring-training home for the Cleveland Indi- ans. Kosar and Leiter live on the same block in Weston, andthe former Cleveland quarterback is a close friend of Indians owner Larry Dolan. Kosar spent Tuesday in the company ofSt. Lucie County Administrator Doug Anderson, who gave him a tour of the spring-training complex sur- Lucie, Early week, Anderson is to meet with Mets co-owner Fred Wilpon and Dave Howard, the tèam'svice president of business and affairs, to discuss a contract with the county. "We are having discussions with (the Mets). But I'm not at liberty to go into detail at this point," Anderson said. Kosar said his visit was two-fold: visiting Leiter and in- specting the facility. And judging by his reaction, coyly. "I don't know oflïcially. He knows people within the organization. But whether or not he is part ofthe organization, I really don't know." The timing could be perfect for the county. The Cleveland con- tract to in Winter Haven year, as does the ment with St. Lucie See KOSAR, A2 these guys are (growth) the way they're doing fantastic." During Tuesday's game, Kosar and Anderson roamed the stadium and planned to visit the new South Regional Sports Complex across the street from Thomas J. White. At the end of the game Ko- sar planned to complete the other reason he visited the area. "Leiter and I live on the same strèet," Kosar said. "I'll probably come back up when he's pitching on Thursday, but I wanted to come up to- day to mess around with him on a day he's not pitching as opposed to . , , when he's got to focus and actually be pro- fessional. .. with a duffel bag and actu- ally give out autographs as opposèdtoloading it¿,1P with stuff," Kosar said. - This wasn't Kosar's fIrst visit to St. Lucie County. And because he bought land here five m.onths ago, he made it clear it wouldn't be his last. "Up to Palm Beach it's all built up and too congested," Kosar said. "I've been look- ing to get away, and this area just jumped out about two years ago when I started coming up." Kosar's wife is from North . Miami, and he said the cou- ple want to get awi:.tY from South Florida's congestion, "I don't want to be disre- spectfulOfDade and Bro- ward counties, but it's just one big cluster down there," Kosar said. "Doug (Anderson) and KOSAR FROM Ai Thomas J. White is a top prospect. "This is a nrst-class fa- cility,and that's not to put down anybody else's plaçe, but this is one of the premier complexes around," Kosar said, "Not just the complex, but I was out on the nelds, and the fields are unbelievable. And from an ex-player's standpoint, that is huge." Before Tuesday's Mets game agpJ.l1st the Kansas' City Royals, Kosar visited New York's clubhouse and met with several players and Mets equipment manager Charlie Samuels, a Cleveland Browns fan. "I'm the firstsports guy to n"ny' r·nrn0 lntn :l lo('k0r rO()nl '-' ...", --I -- Il/'~¿ 73¿/I"//~ - ? #~,L )4~ ~;., £~~ "~,v 1S .-µd.r.n. A 6~ ~;"E. ,I COUNTY ADMINISTRATOR BOARD OF COUNTY COMMISSIONERS DOUGLAS M, ANDmSON -- HAl() ~/4N'/ 6~ ~.,. JOHN D. ßRUHN. Disrricr No.1. DOUG COWARD. District No.2. PAULA A. LEWIS. District No. .3 . FRANNIE HUTCHINSO . District No.4· CLIFF ßARNES. District No.5 County Administrotor - Douglos M. Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · email: douga@co.st-Iucie.fl.us web site: www.co.st-lucie.fl.u5 Kosar visitJ9~omas J. Whi:.e may.hav~,q~~n§g()llting trip pORTsT.L=c:~~'l¡~i~tlllf~¡ . Uru\-ersItyof Miami qUarterbackJ3èr'iiie'Kôsa.ft< pitcher Al Lèiter into an advapcedsèouì:irig' report on a possible nevi spring-tfåÍIlinghorne. . for the Cleveland Indians. .... Kosar and Leiter live on the same block in Weston, and the former Cleveland quarter- back is also a close friend of Indians owner Larry Dolan. Kosar spent Tuesday in the company of St. Lucie County Administrator Doug Anderson, who gave him a tour of the spring-training complex 'surrounding Thomas J. White Stadium, County Administrator Doug Anderson, left, watch- Anderson was vague about his discussions es as former I':-Jational Football League quarter- with Kosar and if he was attempting to lure back Bernie Kosar talks to fans during Kosar's the Cleveland Indians through Kosar. visit to Thomas J. White Stadium on Tuesday. "Is [Kosar] connected to the Indians?" spring training in Winter Haven e:x-pires this Anderson asked coyl): "I don't know that he year, as does the Mets' agreement with St. is officially. He knows people within the organ- Lucie County to use Thomas J. White. ization. But whether or not he is part of the Anderson acknowledged that he and the organization, I really don't know." .' county have made overtures to the Indians The timing could be perfect for the county. The Cleveland Indians' contract to conduct See KOSAR VISIT, A2 -~~~~~~ KOSAR VISIT is a top prospect. FROM Ai "This is a fIrst-class facili- ty, and that's not to put dmvn anybody else's place, but this is one of the premier com- plexes around," Kosar said. "Not just the complex, but! was out on the fIelds, and the fIelds are unbelievable. And from an ex-player's standpoint, that is huge." Before TUesday's Mets game against the Kansas City Royals, Kosar visited New York's club- house and met with several plaÿers and Mets equipment manager Charlie Samuels, a Cleveland Browns fan. "I'm the fIrst sports guy to ever come into a locker room with a duffel bag and actually give out autographs as opposed to loading it up with stuff," Kosar said. This wasn't Kosar's first visitto St. Lucie County. And since he purchased land here five months ago, he made it clear it wouldn't'be his last. "Up to Palm Beach it's all built up and too congested," Kosar said. "I've been looking to gèt away, and this area just j~p'êd out about two years about relocating spring train- ing to Thomas J.White Stadium in Port St. Lucie should the New York Mets move elsewhere. "I did discuss with him the county's interest at looking at other alternatives if we're unsuccessful with the Mets. One of the teams we would like to have discussions with is the Cleveland Indians," AIlderson said. But the county continues to try and keep the Mets in Port St. Lucie, Anderson said. Early next week, Anderson is scheduled to meet with Mets co-owner Fred Wilpon and Dave Howard, the team's vice president of business and legal affairs, to discuss a con- tract with the county. "We are having discussions with [the Mets]. But I'm not at liberty to go into detail at this point," Anderson said, Kosar said his visit was two- fold: visiting Leiter and inspect- i" g the facility. And judging by his reaction, Thomas J. White ~ ago when I started coming up." Kosar's wife is from North Miami, and he said the couple wants to get away from South Florida's congestion. "I don't want. to be disre- . spectfulof [Miami-]Dade and Broward counties, but it's just one big cluster down there," Kosar said. "Doug [Anderson] and these guys are going about [growth] methodically and the way they're doing it is fantas- tic." During Tuesday's game, Kosar and Anderson roamed the stadium and planned to visit the new South Regional Sports Complex across the street from Thomas J, White. At the end of the game Kosar planned to complete the other reason he visited the area. "Leiter and I live on the same street," Kosar said. "I'll prob- ably come back up when he's pitching on Thursday, but I wanted to come up today to mess aroWld \\ith him on a day he's not pitching as opposed to . . . when he's got to focus and actually be professional." Staff U'riter Drew Dixon con- trib.uted to this report. ~~~~~~_:~~__;"~'i~~~::·~:fi::~:~~~~~~~~L~~l>;; '-' ...., Parkwood Land Development 9900 SamplE Road, Suite 317 Coral Springs, FlDrida 33071 TEL: 954-752-5555 FAX: 954-752-8353 March 5, 2002 PROPOSED PROJECT TEAM FOR TEN MILE CREEK "RIVERDALE" Legal Counsel Samual E. Poole of Berger Singennan 350 East Las Olas, Fort Lauderdale fonner Executive Director of the South Florida Water Water Management District. Town Planning Dover, Kohl & Partners 5879 Sunset Drive, Suite 1 South Miami awarded the A ward of Excellence for Urban Design by The American Institute of Architects. Recently worked on the Fort Pierce Waterfront project. Engineering LBFH Inc. 2222 Colonial Road, Suite 1 Fort Pierce Traffic Glatting Jackson 33 East Pine Street, Orlando Florida "also has finn in West Palm Beach" Landscape Architect Lucido & Associates 322 Georgia Avenue, Stuart Florida ~ ..." BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDEr-SON l¿.jJ~ 13plNll- ? j,¡~~ y~'" ~ ¡;"r~"" 7Þ /3¿ b,r ðy ..s7: ~ASrASh4 ,9HI'¡' · t1~,..,S""£I't ~/l.IJ"J rN4 Aue.1í~Øtl6() WI''-- 6~ I ~)(e,J6') . JOHN D. ßRUHN. District NO.1. DOUG COWARD. Disttict NO.2· PAULA A. LEWIS. District No. '1 . .., HiNSC'. DistriCT S::>. 4 . CLIFF ßARNES. District No.5 County Administrotor - Douglos M. Anderson 2.300 Virginia Avenue. Fort Pierce, FL .34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · email: douga@co.st-Iucie.fl.us web site: www.co.st-Iucie.fl.us